Tag Archives: fed employee disciplined for taking lwop due to hostile work environment

Federal Disability Retirement: When Life Comes and Bites You in the…

It is a rather crude way of putting it.  In prior generations, such proverbial “talk” was initiated only after a few drinks, and with no “womenfolk” or churchgoing members who had high-minded constraints upon such crudities.  In modernity, it seems that everyone talks with a peppering of 4-letter words.  Is that a  good thing?

The problem with overdoing anything is that, after a time, it begins to lose its efficacy.  A parent who raises his or her voice every time the child misbehaves, is quickly tuned out and ignored — for, the attitude becomes:  “It doesn’t matter what I do; Dad and Mom yell at me, anyway.”  On the other hand, the father or mother who almost never raises his or her voice, but does so when the importance and significance of the issue warrants it, will often have a positive response from the child, precisely because of its rarity.

It is the same concept as the age-old adage of the “boy who cried wolf”.  But crudities have their place, as well.  A person who rarely swears, but one day says in confidence, “You know, sometimes life just comes at you from behind and bites you in the A__” — well, it sets the tone, underlines the seriousness of the opening salvo, and gets your attention immediately.  For, it is not just the crudity of the sentence, or the origin from whence it came; moreover, it is a truth which we all know.

Circumstances and events beyond our control will often impact us in ways we never expected.  And, while we may never have actually been bitten in the hind quarters, the metaphor is one to which we can all relate (or, is it an “analogy”, strictly speaking?).

For Federal employees and U.S. Post Office workers who have the sense that his or her medical condition does indeed constitute a bite in the rear quarters, it may be time to consider preparing, formulating and filing an effective Federal or Postal Disability Retirement application under FERS.  And like all such unexpected attacks of the hind quarters from unknown sources, a medical condition can indeed result in the truism of life’s many challenges — of the need to prioritize and focus on your medical condition, and to protect the rear flank just as much as those expected frontal assaults we can otherwise expect and avoid.

Contact a FERS Lawyer who specializes in Federal Medical Retirement Law, and see whether or not you can prepare, formulate and file an effective Federal or Postal Disability Retirement application under FERS before that unknown source from your Agency comes from behind and bites you in the ___ .

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

Federal Employee and Postal Worker Medical Disability Pension: Perspective

We all have one.  When we fail to recognize that others, also, have one — and one which is different from ours — that is when we get into arguments, disputes, irreconcilable differences, etc.

The complex Kantian position of ordering the universe through a structural imposition of an otherwise chaotic reality gets filtered down to the ordinary person’s understanding that, yes, we come from different places, distinctive upbringings and alien cultures.

It makes a difference upon how we view the world.  Some are eternal optimists; others, bedtime pessimists.  Some view others skeptically; others, with open arms and “you’re my best buddy” upon a first encounter.

Conformity by society quashes the unique soul, and so we come to expect everyone else to have a similar, restrictive perspective.  When others step outside of the demarcation of acceptable perspective, we often find it threatening.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows for the Federal or Postal worker to perform all of the essential elements of one’s Federal or Postal position, a necessary change of perspective often occurs.

No longer is the Federal Agency the friendly place of reserve; no longer is the Federal Agency looking out for your best interests; and no longer is your Human Resources Office of the Federal Agency the “helpful” department.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law and begin to conform to a world comprised of an adversarial perspective.

Sincerely,

Robert R. McGill, Attorney

 

Federal & Postal Disability Retirement: The Simulated Life

We all engage in it, to some extent; it is all in the “extent”, however, that matters.  The manufacturing of something which approaches the original; of pretending “as if”; they all constitute a simulation of sorts.  Whether of an expensive handbag that is made in another country where labor is cheap and copy-catting is the norm; or merely a smile when you actually want to cry; or of the rote response to, “Hi. How are you doing?” — where we reflexively declare, “Fine, and how about you?” — when in fact you are not doing “fine” but instead are forced to simulate the required rhythm of normalcy.

Society requires the simulated life until life itself becomes too real such that it must crawl out from the cocoon of artificial existence.  It is as if the metamorphosis from one form of existence into another must by force erupt, and that is the point when reality must by necessity force its being into existence.

For Federal employees and U.S. Postal workers who suffer from a medical condition where, each day, a simulated existence must be lived because to do otherwise might mean that you may lose your job, consideration should be given to possibly filing for Federal Disability Retirement benefits under FERS, especially when the real life being lived — the pain and anguish from a medical condition — can no longer remain contained within the cocoon of a simulated life.

Federal Disability Retirement allows for a lifetime annuity that lets you focus upon your health, and thus circumvents the simulated life and instead allows you to be the “real” you, and not some manufactured form of a fake smile, a forced joy or an artificial existence.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Hovering nostalgia

The image connotes a sense of lightness of being; for, to “hover” is to have that levitation of weightlessness, and it is in the moment of nostalgic interlude that we experience the concurrent sensation of becoming lost in the memories of forsaken pasts.

Nostalgia is to Man what icing is to a cake; without it, we live in the reality of dreaded days where the future is merely a repetition of Sisyphus’ burden and the past cannot be recovered because of regrets and forlorn slumber of forgotten days; and like the icing that failed to sweeten the crestfallen cake, so we hover over nostalgia because we need to cling to the past.

Hovering nostalgia is what we do when we recall the days of youth when worries were still for tomorrow, when the future seemed limitless and a time for anticipated conquests without fear or trepidation; and yesterday was too near to consider in the face of youth’s folly.  Was there such a time of innocence when troubles were without regret?  Was I once a young man of character where the future was yet bright and without fault?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition demands a change of career, it might well be that the hovering nostalgia of a time past and a future uncertain makes one pause and wonder; but the plain reality is that we must be able to adapt to the changes that unexpectedly come, and face the starkness of our present condition.

Federal Disability Retirement is a complex administrative process; to maneuver through the bureaucratic morass without the advice of counsel may be possible, but perhaps unwise.  There are multiple pitfalls and potential legal obstacles at every turn; and while the world of yesterday may engender hovering nostalgia for a time where filing for Federal Disability Retirement benefits did not have to be considered, it is the reality of the “now” which must be dealt with.

For the Federal or Postal employee who must consider the stark choice of FERS Disability Retirement, gaining access to a trove of legal experience should be the first move in proceeding with Federal OPM Disability Retirement, lest the hovering nostalgia of forsaken memories creates a further obstacle unanticipated.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement for Federal Employees: Hardened hearts

They are unseen, but exist; and like zombies that wander through the nighttime skies as mere shadows in a one-dimensional universe, the concealment of hardened hearts can only be kept secret for a short while.  Where does the apex begin, and the downward spiral begin?  At what point does one possess a hardened heart, and does it insidiously creep upon one without one’s knowledge, conscious thought or deliberative realization?

We fight against it; we refuse to submit to it; but life happens, disappointments abound and the subtle cravenness begins to slowly, inevitably overtake.

Hardened hearts result from the encounters with life’s misgivings, and the more the misgivings, the harder the heart hardens.  Is it mere cynicism?  Does it emanate and originate from a single encounter, or must there be multiple clashes, butting of heads and piercing of hearts before the innocence of youth transforms into a meanness of spirit?

Hatred is an emotion that festers and eats away; and like flesh-devouring predators that feel nothing about their prey, hardened hearts shrivel into a latency of unfeeling behaviors.  It is a difficult road but a necessary one to take – to resist, to fight against, and to protect the purity of one’s soul.  Hardened hearts are the result of giving up, of losing hope, and of turning one’s back upon a society that has otherwise already given up on an individual.

For Federal employees and U.S. Postal workers who feel the onset of that condition known as “hardened hearts”, the symptoms are quite noticeable: of bitterness; of anxiousness in going to work; of the recognition that one’s Federal Agency or the Postal facility does not show any loyalty towards you despite years and decades of dedicated work.

The diagnosis of a hardened heart, if the Federal or Postal employee suffers 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, may be to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

In the end, hardened hearts are merely another happenstance of life’s misgivings, evidencing the cruelty of the world in which we live; but there are ways to avoid the final diagnosis of a mortality robbed of joy, and that may be by filing an effective Federal Disability Retirement application and “moving on” to try and save that last vestige of an innocent outlook upon life’s sunset of tears.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Meaning of life

Most of us are too busy to pause for air, reflect upon theoretical, hypothetical or philosophical issues that have little to do with day-to-day living or earning wages in order to maintain a certain standard of living.  Every now and then, however, when the tumults of life’s encounters reaches a pinnacle of unsolvable problems such that the stressors exceed the barometric pressure allowable for the human psyche to withstand, there is a compelled stoppage, a mandated cessation and a forced condemnation to rest.

It is, in short, called a “medical condition”.

It is when we become debilitated, destroyed, distraught and disillusioned that we begin to ask such universal, exhaustive and unnatural (by this term is meant with a rhetorical question:  What other animal in nature asks such questions, and thus do we posit them as “unnatural”) to the core queries that, as Bertrand Russell once wittily quipped, is likely the result of indigestion.

What do we mean when we ask such questions; of looking up at the ceiling with furrowed eyebrows and inquiring, “What is the meaning of all of this?”  It is, of course, the focal point of “this” that one must then turn to, for such a word is obscure, undefined and like a blank space to be filled, can be interpreted in an eternity of ways depending upon the context of the query.

Is the “this” referring to the pain, suffering and debilitating medical condition being experienced?  Is it about the “unfairness” of it all and the fact that others seem to be roaming this earth carefree, careless and thoughtless as to one’s pain, whether physical, emotional or cognitive?  Or does the “this” reference the connection of all of that striving, the hours and commitment to work – of a loyalty to a Federal Agency or the Postal Service who cares not about your medical condition, may not have even noticed your absence (at least for the time being until someone finally notices the pile of work backing up on the desk of that…what was her name?) and likely thinks of individuals as mere cogs in a wheel, replaceable and fungible.

In the end, Russell was probably right; such questions about the “meaning of life” are beyond the comprehension of any level of rationality, belief or coherency that has any real impact upon our lives to make a true difference.  What really matters, in the end, is not that “philosophical” query about the meaning of life, but about human contact, relationships, and securing a future for ourselves and our families.

To that end, preparing, formulating and filing a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset is an important next step for the Federal or Postal employee who can no longer continue in the career position of his or her choice.  For, filing an effective Federal Disability Retirement application actually does answer the question, “What is the meaning of ______”; it may not be the grand concept of “life” itself that completes that blank, but it sure beats walking away with nothing by obtaining an annuity to secure one’s future so that other things in life may be enjoyed.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: Still Life

The meaning can evoke a duality of concepts; of the artistic mode, where self-contradiction is inherent – for, it is often in depictions of inanimate objects, presented in combinations not normally seen in true living circumstances, that the artist arranges in order to capture a semblance of that which is never, or rarely, encountered.  Or of the alternate implication:  Once thought to have been deceased, the realization that there is yet a soul to revive, an aspiration to embrace, and hope again to realize.

Both, however, have something in common:  A frozen placement for all of eternity to encapsulate; the organic matter from which to work with, endure through and contrast to the opposite – of Nothingness devoid of any purpose, teleology or construct of animation; and the two together will posit a compound concept of contrasting contradictions:  loss of movement, but gain of Being.  But, then, that is so often true of daily living, isn’t it?

There is a contradiction in what we do; on the face of it, we appear to be “doing something”; but deep within the recesses of our thoughtful doubts, we know that we are failing to accomplish the hope of our dreams, the aspirations still surviving deep within our hearts, and the very failure of moving towards that which we desire, diminishes our inner selves and begins to slowly, insidiously shrivel the core of our souls.

Medical conditions tend to have that effect, and when the “outside” world begins to confirm that which we fear, the shriveling effect becomes accelerated on an exponential scale where proportionality of judgment becomes askew and fails to meet the expectations of our own essences.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to pervasively impact all aspects of life – home, recreational, work and relational – the danger is that of a Still Life painting:  the combination of events and objects are not what they are supposed to be, and the encounter with “real” life no longer allows for further movement.

We become stuck in a painting arranged by someone else, and more and more, we lose greater control over our own destiny.  And in the alternative meaning of that concept – that we “still” have some life in us – is where taking the pragmatic steps toward preparing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset comes into play.

Still Life does not have to prevent movement where there is still life; and for the Federal or Postal employee who is no longer able to advance because a medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal positional duties, it is the Still Life painting which represents the impetus that there is still life to be lived beyond one’s Federal or Postal job.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Life’s Work

There is, then, the job or career we undertake (the distinction between the two is often lost, and depends in large part upon a multiplicity of factors, including length of commitment, opportunity within a given field for growth and advancement; whether any qualifications, certifications or professional degrees are required, etc.); and then, the conditions and context of participating in a greater culture of our choosing, including where we live, with whom we live, what social circles we expand into; as well as how we interact with the extended community surrounding us, and whether we even decide to abide by the rules, laws and limitations imposed by society.

The former constitutes the work we engage during our lifetimes; the latter, the macro-aspect of the work generally confronted during a lifetime.  We often confuse the two.  The conundrum and internal turmoil comes about because so much of the latter often depends upon the success of the former.  Without the wealth amassed through the work of labor, we become limited in the choices we have in the work of living; thus do some choose a life of crime or cheating, as a means of shortcutting and supplementing the former for the latter.  And when the work of labor is cut short, or somehow interrupted, one realizes the impact upon the greater work of life, and must adjust accordingly.

For the Federal employee or the U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to impact one’s work or career, the choice to leave the Federal sector is a difficult one, and not just because of the financial considerations which reverberate upon the greater work of living.  Often, the choice to file 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, is paused for reflection, procrastination and further delay, because the two concentric circles of life have overlapped to such an exponential degree that one cannot easily be bifurcated from the other.

One’s work of labor involved the social circle; it intersected with the greater percentage of daily living; the meaning and teleological motivation was commingled; even some of the neighbors work in the same neighborhood, just down the street, in our town (yes, it is an unabashed reference to Thornton Wilder’s famous play), or perhaps even next door; so, how can I face a change from the work of labor, without confronting the greater vicissitude in the work of life? But then, there is that medical condition, and it is always the interrupting reality of the medical condition which must, by necessity, be focused upon.

Better to make decisions now, when one has the option to do so concerning the work of labor, lest the limitations are imposed by others, which then can have irreparable consequential reverberations upon the greater work of living.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: That Spare Tire

We rarely think about it; and it is somewhere “back there”, in the event of, in case, if it happens, as a contingency, as an insurance policy, for the rare occasion of a potential mishap.  But with the modern ingenuity of reinforced rubber with a manufacturing process of innerliner calendering, one rarely even sees a car on the side of the road with a lone figure attempting to locate the spare tire, with the car unevenly perched upon a device secured in a dimensionally precarious manner, to change that flat tire.

But it does happen, and even with all of the advances in technology which resists direct punctures and roadside hazards pounding away at the four (or more) elements which keep the vehicle running, the flat tire and the need for a spare requires the safety net to ensure that secure sense of a peaceful mind.

Like life insurance, fire and catastrophic umbrella policies, the spare tire will always remain, no matter any future inventions or guarantees of outdated necessity.  For Federal employees and U.S. Postal workers who are part of FERS, CSRS or CSRS Offset, Federal Disability Retirement is precisely that spare tire which provides a semblance of security if and when the need arises.

Most Federal and Postal employees continue their careers to the end, until the time of retirement, or a transference of talents and abilities to the private sector for more lucrative venues; but for that small percentage of Federal or Postal employees who find that, during the course of one’s career, a medical condition has interrupted one’s goals and prevents one from performing one or more of the essential elements of one’s positional duties, then preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is a necessary contingency to trigger.

Suddenly, the benefit looms larger than ever, is more important than previously recognized, and becomes lauded as the lifesaver of the moment.  That is precisely what we do with the spare tire — we do not even think about it, nor are aware of its precise whereabouts (except that it is under the vehicle, in the trunk, or somewhere “back there”), but travel about with the peace of mind that, in the rare hypothetical event of “if”, it is there to be accessed, so that once the change is made, we are again well on our way down the road of life.

Sincerely,

Robert R. McGill, Esquire