FERS Disability Retirement Benefits: Intolerable conditions

We all have a threshold of tolerance; it is, in the end, a spectrum and a range which cannot be generalized.  The MRI that reveals degenerated tissue or organic dysfunctioning may parallel the pain experienced, but it does not determine the level of tolerance for any given individual.  Yet, while thresholds may vary, there is a limit to human toleration, and the question for each individual is: At what point do conditions reach the limit of my tolerance, and do I wait until I reach that ceiling, or is it then too late to have waited so long?

Most people wait until the intolerable conditions reach a critical juncture.  That is the rub of the matter — that, yes, human beings possess a great tolerance for the intolerable, but the further question that is too often missed, is: Should we?  Is it healthy to?  And: What damage is incurred by resisting the warning signs that our bodies and minds give such that we reach beyond those warning triggers and milestones of caution, and when we get beyond them, we leave them behind as sirens which have faded and been forgotten?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the intolerable conditions which have erupted often includes: Increasing harassment from one’s Federal Agency and the Postal Service; exhaustion of SL, AL and FMLA; dealing with the medical condition itself; the failure of coworkers and managers to empathize or understand; the stress that is placed on personal relationships because of the deteriorating conditions in the workplace; the loss of stability; the increasing loss of livelihood, etc.

Any one of these, or all in combination, create those intolerable conditions, and when it becomes apparent that the proverbial rubber band that has held the whole together is about to snap, then it is time — beyond the time, maybe — to prepare an effective FERS Disability Retirement application, to be filed through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: The imperfect image

There is, to begin with, the “perfect image” — that which we hope to project; those which appear on Twitter, Instagram, Facebook postings; and further, the public domain of our selectively chosen, carefully manufactured and manicured condescensions of carved lives.

The imperfect image is that which haunts us; it is the opposite of what we wants others to know about us; the very antithesis of what society allows for and deepens within the fears of our psyche where nightmares begin to boil over, anxiety begins to percolate, and stress-induced heartbeats rise to the level where dangerous palpitations lead to sudden onset of a terminal feeling.

The latter feeds upon the former.  It is precisely because the former exists that the latter becomes the illegitimate child of a figment of an unreality, and yet gnaws and destroys despite everyone’s recognition of its impossibility.  It begins perhaps with the age-old theological arguments — of the query, How can man have a concept of perfection unless there is such an entity that exists?

The classical counter-argument has often been: Well, we are able to imagine 3-eyed monsters with green-colored tentacles, are we not, even though they do not exist?  And the counter to the counter-argument was: Yes, but that is merely a matter of the imagination amalgamating all of the separate components — of 3 different eyes; of the color green; of tentacles like an octopus’ appendages; then, by creativity of the mind, to put them together.

Thus does one imagine perfection because there is such a Being as a perfect Being; and from that, Man views himself, sees the inadequacies and determines his or her own sin— unless, of course, you are on Facebook or Instagram, in which case you are the Being of Perfection itself…at least to all others who view you on such mediums of communication.

It is from that held-concept of perfection that when the early rash of imperfections begin to spread, we think in error that life is no longer worthwhile, and the despair of a false belief begins to pervade the inner psyche of our private lives.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the sense of despair and hopelessness often begins with the manner in which you are suddenly treated by others — by coworkers, supervisors and managers — where your imperfections are suddenly highlighted.

You are no longer as “productive”; your attendance becomes “unacceptable”; you begin to make too many “mistakes”; you are deemed less than “perfect”.  The reality is that there is no such thing as perfection — only a concept forever unrealized but put forth falsely into the arena of public consumption.

The imperfect image that we hold onto — of a deteriorating body or stress-filled mind that begins to show wear and tear over the years — that is merely the reality of who we are: Imperfect beings, frail and fraught with error and (used in the old-fashioned way) filled with sin.

For the Federal employee and Postal worker who comes to the realization that imperfection is a reality not to be ashamed of, preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is not merely an admission of such imperfection, but rather, a facing of a reality that we all must embrace — of the imperfect image surrounded by false notions of a perfection never to be realized.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Claims: Hanging on a contingency

The metaphorical image representing such a phrase allows one to pause and reflect: the dichotomy between the physical world and the conceptual one — of a person “hanging”, as from a cliff, with his fingers turning white from gripping the tenuous life-line of a flimsy branch, a loose boulder or an outstretched hand of another; and of the technical term that possesses meaningful discourse only in a purely theoretical universe of conceptual constructs — denoting the idea of a future event or circumstance that cannot be relied upon with certainty, but may trigger a series of consequential future contingencies or further occurrences, etc.

Thus does the physical and the conceptual come together in an aggregation of a compound conceptual construct that may connote thus: You are in a tenuous situation where your physical well-being is dependent upon a future uncertainty that may result in events that may or may not yet happen.

Such a conditional circumstance is often how the Federal or Postal employee feels, who suffers from a medical condition, such that the medical condition may result in the necessity of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  For, it is indeed the “physical” part of the entire event — the medical condition itself — which makes one feel “as if” one is dangling from the edge of a cliff.

And it is the “contingency” — the uncertain triggering mechanism, such as the anticipated adverse reaction of the Federal Agency or the U.S. Postal Service; the tenuous reliance upon a doctor’s diagnosis and treatment; the growing inability to perform one or more of the essential elements of one’s positional duties — that makes the medical condition all the more magnified in its exponentially-exacerbated conditions of anticipated calamities.

Life is often an unfortunate series of having to hang on to a contingency, but when a medical condition enters into the fray, it makes it doubly more tenuous, and preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is at least a concrete step that allows one to grip the reality of one’s situation, and perhaps leave all future contingencies, tenuously anticipated, aside.

Sincerely,

Robert R.McGill, Esquire

 

Federal Disability Retirement Lawyer: Cartoons & Carnivals

In exclusively representing Federal employees and Postal workers to obtain Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the stories that are shared, the frustrations felt, and the tales left untold, collectively boggles the fragile mind.

Yes, by now, perhaps it is a truism that nothing under the sun can further be revealed that is of a surprising nature; but it is often just the sheer cumulative absurdity which, in their aggregate compendium of events, could only have occurred in cartoons and carnivals.  By contrast, there is the seriousness of the medical condition itself.

That is always the starting point, and the essence of why Federal and Postal workers contact an attorney who handles OPM Disability Retirements, based upon whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset.  Eligibility rules must first be met; then, the issue of entitlement must be proven by a preponderance of the evidence.

The comical relief and the sense of a carnival atmosphere, where cartoonish characters collide with the sobering reality of one’s medical condition and the potential end to one’s career in the Federal sector, arises inevitably through the actions of the agency, and their complete lack of empathy or concern.

Yes, agencies must continue to remain efficient; and yes, they must continue in their mission and course of work; but in the end, all we have left is family, community, values and vestiges of human interaction, and the littered graveyards of silent skeletons where marked graves and unmarked cemeteries speak not of efficiency, meanness and uncaring residues, but only where fresh flowers and wreathes of caring surround the frozen ground of time; yes, only in cartoons and at carnivals do people act with the absurdity of loss of humanity.

Sincerely,

Robert R. McGill, Esquire

 

Filing for OPM Disability Retirement: The Novel Approach

The genre represents the highest form of literature.  Poetry possesses its eccentric beauty; the short story its ease of brevity for the reader to pick up and finish in convenience of time, and thus its popularity; the biography and the epistemologically privileged cousin, the autobiography, its authentic historicity; and others by design of self-promotion, as Truman Capote’s “non-fiction novel” (an oxymoron?).

But the novel is the king of prose; of a narrative form which allows for many rooms in an endless castle of hidden trap doors and secret galleys full of antiquities and doorways yet to be revealed.  Perhaps that is why, used as an adjective, it defines a uniqueness of approach, akin to the traditional use of the word as a noun representing the highest form of art.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s positional duties with the Federal government or the U.S. Postal Service, engaging in a “novel” idea may be the best and only option left.

Where the medical condition no longer allows for the continuation of one’s career, and yet the Federal or Postal employee believes that he or she can still remain productive in the employment arena, it is indeed a novel approach for a benefit to pay for one’s inability to perform one or more of the essential elements of one’s job, and yet allow concurrently for the Federal or Postal employee to enter into the private sector, obtain a second vocation, and make up to 80% of what one’s former position currently pays.

For the Federal or Postal employee who is considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, it is precisely that allowance of continuation of productivity which fairly recognizes that there is not necessary incompatibility between a medical condition and contribution of talents.

Like the novel genre and the novel idea, they both acknowledge the penultimate value of human creativity, and allow for the characters to develop in the unfolding saga of a story yet untold.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Federal Disability Retirement from the Office of Personnel Management: The Insular Universe

The self-containment of society has reached a point of no return; when the universe of virtual reality becomes the focus of dominant conversation, where movies depicting historical events replace the factual narrative of serious discourse; of twitter terminals constituting serious haikus of accepted profundities; the age of human innovation and creative destiny has indeed come to an end.

So where does empathy fit into the maze of humanity?  For a bureaucracy, processing paperwork and finishing tasks satisfies the requirement of emotional output designated for responsiveness.

For the individual awaiting a decision on one’s application for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset, the dealings with “life issues” are comprised of:  first and foremost, attending to the medical condition; second or third, the increasing vitriol of the Federal agency, its agents and assigns, or the U.S. Postal Service through its supervisors, managers and other thoughtless coworkers who engage in various forms of harassment and pushing of pressure points; and further down the sequential order of priorities, waiting upon the administrative process of filing for, and anticipating, a decision from the U.S. Office of Personnel Management.

In a universe where reality and virtual reality no longer have a distinctive bifurcation of differentiating margins, the qualitative conditioning of terminating that video drone is of no greater consequence than denying an application for Federal Disability Retirement benefits.

The key, then, is how best to awaken the sleepy eyes of the Administrative Specialist at OPM?  In real life, medical conditions have a traumatic impact upon life’s otherwise uneventful discourses.

How to convey that narrative to a bureaucracy and administrative process is the question of paramount importance.  How to shake up the slumbering mind overtaken with years of callous disregard, and pull from the insular universe of self-containment the reality of one’s condition, depends upon the medical documentation, the statement of disability, and the legal argumentation propounded in a compendium of discourse which will touch the soul.  That is the ultimate art of legal training.

Sincerely,

Robert R. McGill, Esquire