Legal Representation for OPM Disability Claims: Hope & Plan

It is the latter that gives rise to the former; and the former that remains forlorn and tattered until the latter begins to take shape.  Hope without its latter partner, a Plan, is like the proverbial boat without a rudder; drifting amiss amidst the torrential currents of directionless pathways, being guided throughout by the vicissitudes of uncertainty.

One can hope for many things in life, but hope without a plan is tantamount to allowing a child to wander through a candy store without instructions or restrictions; unfettered liberty leaves one to one’s own devices that more often than not leads to self-destruction.

Whether “the plan” is a good one, a well-thought-out one, or a flawed shadow based upon a rational discourse of options considered is less besides the point than to formulate one in the first place.  Plans can always be modified along the way; adapted to, altered and changed in order to “fit the circumstances”, as every blueprint is merely the rough draft of a finalized product.

For Federal employees who are under FERS, CSRS or CSRS Offset who have begun to 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 the person’s Federal or Postal job, the “hope” is that the medical condition will soon go away, health will be restored and the Federal or Postal employee will become fully recovered.

Sometimes, however, hope’s desire fails to become fulfilled.  In such an event, hope needs a plan, and the plan is to prepare, formulate and file 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.

For, the solitary hope without a developing plan is likened to a piece of driftwood racing down the river of time; what you do not want to have happen is to travel so far down hope’s uncertainty where the waterfall meets the lack of a plan that dashes any hope left.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement from OPM: The Statement

We often hear of various events or transactions in the public arena where a “statement” will be issued, and such a conveyance of information is often prepared, pre-written, read from a piece of paper or plastered upon a teleprompter where the delivering individual merely reads from a text that has been previously written and composed.

It is like a musician who varies not from the score before him, or the player who follows the conductor’s baton with precision of a mime; to vary is to veer, where error becomes the hazard to avoid.  That initial “statement” to the listeners, the recipients, the audience, or however and whomever you want to characterize it as — why is it so important that it is conveyed, portrayed, delineated and communicated in just a “right” manner?

Is it not similar to the importance of preparing an SF 3112A — the Applicant’s Statement of Disability?  Isn’t the SF 3112A a foundational, “first impression” statement that needs to be prepared carefully, with meticulous formulation, like a novel’s opening sentence that must captivate and draw in the reader’s attention?

Granted, the SF 3112A is answered in response to questions required to be formulated by the U.S. Office of Personnel Management for the Federal or Postal employee to provide, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset; but the limitations imposed by space and the relevance of the answers given to questions queried should not detract from the importance and significance of preparing the “Statement” well, in a preconceived and well-prepared manner.

What is the sequence?  When should it be prepared?  What content must it possess?  Should direct quotes from the medical records and narrative reports be included?  How carefully should it be annotated?  Must the Applicant’s Statement of Disability on SF 3112A be confined to the spaces provided?

These, and many other questions besides, should be carefully considered, and to do so, the best way to be well-prepared is to consult with an attorney who specializes in preparing, formulating and filing a Federal Disability Retirement Application, to be filed with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Civil Service: By what measure?

Does a formula, a paradigm or a standard instill in us the direction we so desire?  How is it that we compare X to something, and is the contrast a necessary prerequisite to achieving and accomplishing, or is that some artificial, societal construct that we have manufactured in order to sell ourselves a “bill of goods”?

Yes, yes – Western Civilization (remember that middle-school subject taught under the general aegis of that title?) always begins with the philosophical precept of Aristotle’s, of “First Principles” and the “causes” of events and occurrences, but where is it stated that we must have a “measure” by which to compare and contrast?  By what measure do we apply ourselves, or is not the evolutionary will to survive and the genetic predisposition to propagate a sufficient factor in the drive to excel?  Like peacocks during mating season and robins that reveal a ferocity of savagery in the spring months, is there a measure by which we are deemed a success or failure, and by a standard where comparisons are made, conclusions are reached and judgments are rendered?

Rare is the solitary figure who abandons all implements of societal judgments and goes it alone without the condoning nod of an authority figure.  Lone wolves are figments of mythological fables; the rest of us follow the herd by the measure set by others in a society of gossipers and watchdogs set upon us without warning or consistency.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the standard of measure has always been some unstated and unfairly predetermined set of rules that are governed by a bunch of words we never agreed to – i.e., “productivity at the cost of health”; “loyalty to the mission of the Federal Agency without regard to medical conditions”; “repetitive work leading to stress injuries where proving causation is nigh impossible”, and other such silent statements of accord – but where the last bastion of hope often resides in 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.

All of these many years, the Federal or Postal worker has toiled under tremendous pressure by the measures set by the Federal agency or the U.S. Postal facility; fortunately, the standard by which OPM Disability Retirement benefits are granted is predetermined by statutory authority, and not by arbitrary fiat by a supervisor, manager or some other head of the department or agency by will of authority or changeable character of an individual.  Filing for Federal Disability Retirement benefits through OPM must follow certain eligibility guidelines and statutory confinements, as with most other set standards; but by what measure you may live your life after winning an OPM Disability Retirement annuity – that is set by you, the lone wolf.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: A mote in society’s dustbin

What is the greatest fear?  Is it to be forgotten, cast aside, without a mere footnote in the linear history of societal acknowledgments?  Must society now adjust to the credited observation of Warhol’s dictum, that fame’s span of 15 minutes is too lengthy, given the fast-paced nature of modern technology?  Is watching one’s self in a public forum the satisfying conduit for vicarious living, such that it makes content the populous who would otherwise revolt in the disparity of despairing livelihoods?

The Biblical reference of comparing the mote in someone else’s eye, as opposed to the beam in one’s own, is of interest beyond the failure to recognize the reflection of insincerity displayed by lack of self-awareness; more than that, it is the comparative disparity which fails to prod.  While the mote itself is the foreign substance which irritates and prompts the pointing finger, it also represents the insignificance of life’s judgments in general, to the way in which we all live.  It is the tiniest piece of substance, and yet the finger-pointing it prompts reveals a readiness to judge, and is reflective of a character defect in us all.

And when that mote is extracted and flicked away, it floats unnoticed into the greater dustbin of society, where morning mists evaporate in the rising sun of daily tumult, and where giants of men with promise and potentiality fall with a thud and a shudder for all to hear.

It is irrelevancy of which we fear; that no one will have noticed, and the imprint of our lives will matter not against the rising tides of artifices constructed in the imagination of our own awakenings.  How many nameless tombs echo the mournful solitude of an estranged life in a world devoid of warmth and snuggles?  Why are teddy bears, stuffed animals and lifeless companions purchased with purrs of gleeful delight?  We are but mere motes in the dustbin of society; moreover, we fear being extracted, even from that status of being an insignificant irritant, and flicked away where even the shadows remain unnoticed and when mice scurry away with but barely an ear’s twitch.

That is why Heidegger’s comment that we engage in projects to avoid the ultimate meaning of our lives — the extinguishment of one’s conscious soul — reverberates with haunting excess.  Of course, some would scoff at that philosopher and retort that his shame in participating in the Third Reich revealed the true nature of his philosophy; but that is for another day to reflect upon.

For Federal employees and U.S. Postal workers who believe — nay, “feel” — that their work is not “done” with the Federal agency or the U.S. Postal Service, and therefore must endure the humiliation piled upon the progressively worsening medical condition despite the self-immolative process of remaining, the real fear is the underlying, subterranean seething of man’s refusal to be cast aside as a mere irrelevancy, like a mote in society’s dustbin.

In the end, however, does it really matter whether the “mission of the agency” has been accomplished (remember that bureaucracies and their foundational rationale for existence never comes to a terminus; a new one is always adopted as perpetual replacements in the linear eternity of a behemoth’s lifespan), or the last truckload of mail has been delivered?

Federal and Postal employees are known for their “dedication” and conscientious resolve; but when 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, becomes a hindrance because of an unfounded and unjustified adherence to a principle which does harm to one’s own health, then the mote in the eye of one’s brother becomes more than an simple comparison to the beam in one’s own eye; it becomes itself a mote which should be flicked aside into the dustbin of society’s joke, where the laughter is directed upon all who have fallen for the epic comedy of life itself.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement Help: Caught in the world in-between

It is a purgatory of sorts; of the netherworld where twilight is a constancy of confusion, and when neither dawn nor dusk, between summer and winter, or of cognitive clarity and conundrums of confusion reach the pinnacle of an infinite maze.  Do we prefer clarity to confusion, or the light of dawn to a period “just before”, when consciousness of thought is suppressed or prevented by a darkness befalling thoughtful perspectives impeded by streams of dancing oracles upon a seamless stupor?

It is often uncertainty which tires the soul.  For, while wealth is preferable to destitution, and employment to its opposite, it is being caught “in-between” which engenders uncertainty and angst of future plans, and that is likened to a form of hell.

When a Federal employee or a U.S. Postal worker first learns of a medical condition — whether from an accident or injury on the job, or during a foray into uncharted recreational activities, it matters not for purposes of meeting the criteria for eligibility in a Federal Disability Retirement application submitted through the U.S. Office of Personnel Management — the weariness of time and the toll of uncertainty is often worse than the failure of resolution encountered through therapy, medication regimens, surgical intervention and the long delays in recuperation and rehabilitation.

It is that “waiting” which becomes the agony of life, for the questioning and incessant pondering resulting therefrom haunts the soul:  What will the future hold?  What will my job do?  What are they planning?  The “what”, the “when” and the ultimate “why” becomes a reverberating echo of repetitive songs unwavering in their monotony of questions forever unanswered.  For, it is the unanswered question and the unstated discretion of silence which makes for waiting to be just another agony of life’s challenges.

To be caught in the world “in-between”, where future plans are delayed because the present remains in a muddle of soft mush, and when past actions fail to concretize a pathway for mapping current stability, is a state of existence which is tantamount to a purgatory of eternal uncertainty.

For Federal employees and U.S. Postal workers, it is thus important to take some action and begin the process of filing for Federal OPM Disability Retirement.  Wishful thinking will not make the medical condition go away; and while hope is always a basis for future planning, one often knows early on, within the core of one’s soul, whether the injury or medical condition which prevents the Federal or Postal worker from performing the essential elements of one’s positional duties will resolve to an extent possible in order to return to full duty.

It is not knowing which is the true hell of existence; and to remain caught in the world in-between is often a choice — albeit a bad one — which is based not upon want of certainty, but enmeshed in the essence of human tragedy, when delay prevented that split-second decision that could have avoided the disaster.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: Dickens, Salinger & Capote, Continued…

One could easily spend a lifetime on each, separately; of the first in the trilogy, he mercifully died before the advent of the industrial revolution, whence he may have witnessed even greater upheavals of economic unrest and labor turmoil; of the latter two, they were contemporaries who followed divergent paths — with Salinger left in the hermitage of his insular world of fears, paranoia and distrust of a world which had offered only experiences which validated such churning for a tortured soul, and for Capote, a premature death prompted by a life of public destruction.

Today, we embrace the sophistication of paying strangers to listen to our meanderings of troubled psyches; for the three in question, the times for acceptance of such ways remained unkind and untested.

By standards of modernity, the childhood experiences of Dickens would have caught the attention of social services and the authorities in tow to save the poor boy; but then, we likely would never have had the pleasure of knowing his miscreant characters strewn throughout the ghettos of boundless imagination.  Of Salinger, who turned more towards mysticism in order to feed the slow withering of his wanting woes, the need to flee from the cruelty of the world resulted in the greater insularity protected only by the memories of his haunting past.  Of the three, it was Capote who openly laughed at the scorn of the world, and like the Clowns and Fools in Shakespearean tragedies, we watched as a major figure committed public seppuku in a slow and agonizing fashion.

They represent, unfortunately, the manner in which most of us live; either of haunted pasts and tortured presents, or of ongoing meanderings in troubled waters.  Then, when a medical condition hits the seemingly clean and linear timeline we live and embrace, the disruption becomes magnified with an even greater exponent of sorrow.

For Federal employees and U.S. Postal workers who suffer because of a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s Federal or Postal positions, the need 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 becomes part of the tragedy of human life.

A life cut short is one which failed to be fulfilled; and, similarly, a career shortened is one which failed to accomplish its stated goals.

But, sometimes, it is of comfort and substantive contribution to see that others — even major figures like like Dickens, Salinger and Capote — had to endure the torture of life’s fated despair.  For, in the end, there is little dissimilar in the human essence of all three in relationship to the rest of us; each suffered, lived a life of fated misery, and had to “deal” with the cruelty of the world, thereby validating Hobbes’ description that man’s life is “solitary, poor, nasty, brutish and short…”

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Generational Transfer of Wisdom

If wisdom is the collective knowledge, information and experience of a culture, then the loss, refusal or rejection of such historical amassing of purposive accrual of cognitive aggregation would result in the disintegration of a cohesive identity.   Foolishness can therefore be defined as the state of reinventing the wheel at every turn, merely because of a stubborn refusal to listen and learn.  And that is precisely the current state of modernity; youth portends to pretentiousness; all of knowledge is discovered only today, and the older generation knows not the profundities of present-day philosophers who tweet daily gems of lifestyle advisories and post declarative idleness of incomprehensible vacuities.

The generational transfer of wisdom appears not to occur, as age determines relevance or signification of acceptable attributes, and pop culture and kitsch are the declared values of societal constructs.  Then, where does that leave the vulnerable and infirm?  The rejection of generational transfer of wisdom is merely an indicator; what it points toward is a greater denial of values, truths and ethos of a culture.  It begins with a coarsening of normative boundaries of conduct, and progressively crumbles the inherent foundations of a society.

For Federal employees and U.S. Postal workers who have witnessed the increasingly adversarial environment of the Federal agencies and U.S. Postal Service, the measurable and palpably observable abuse and neglect of basic rules of conduct and behavior are harbingers of greater stress and intolerance.  Federal and Postal employees are always asked to do more with less; and when a medical condition enters into the equation, the need for accommodating — even temporarily or for extended periods of absences or predetermined blocks of time — becomes a mere formality for discrimination and dismissal.  Medical conditions are a part of life — and how we deal with individuals with medical conditions constitutes the character of a person, group and society.

For Federal employees and U.S. Postal workers who suffer from the duality of adversities — the medical condition itself, and the cold disregard of the Federal agency or the U.S. Postal Service — consideration should be given to filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Does the Federal or Postal employee need the advice and guidance of a Federal Disability Retirement lawyer in pursuing Federal Disability Retirement benefits through OPM?  That is a microcosm of the greater question of rejecting the generational transfer of wisdom as reflected in society as a whole; for, as the fool in Shakespeare’s tragedies often imagines himself to be the final word on all matters of importance, so the resulting destruction in the final act in both the play and of life is often costly, if not predictable.

Sincerely,

Robert R. McGill, Esquire