Federal Disability Retirement under FERS: First Steps

Why are first steps so significant?

When a toddler takes his or her first steps, we applaud, celebrate with loud amusement and put forth encouragement and “positive feedback” to the momentous episode which, days later, weeks hence and years post, we don’t even consider it to be of significance and yawn with boredom at something which previously had been touted as relevant.

First steps — what is the relevance?  Is it because, upon those initial and tentative ambulatory movements is set the foundation for future success?  For, if confidence begins with the initial and tentative first steps, is it any wonder that once the foundation is set with concretized stability, the remainder becomes a monotony of repetitious boredom?

First steps are always important in order to create the firm foundation for future and further steps, and that is why 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, it is important to consult with an attorney who specializes in Federal Disability Retirement Law.

First steps in preparing, formulating and filing an effective FERS Disability Retirement application is important in putting together a “whole package” that includes medical evidence, legal arguments that are pertinent and relevant, and a persuasive presentation to the U.S. Office of Personnel Management in order to enhance the chances of an approval at the First Stage of the complex, administrative process.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement from the OPM: Expectations

What are they?  Is it something that we place upon ourselves, or merely the burden of what others have said?  Are there implied ones as opposed to direct and blunt ones?  Do they scar and damage throughout our lives, based upon the haunting sense of what we believe our parents demanded?  Are expectations the cumulative juncture caught between our own dreams, the demands of parents, and what we believe society considers success or failure?

Do we carry them about without an awareness of their influence, forgotten in the closets of our memories until psychoanalytical triggers suddenly bring them to the fore and where we suddenly blurt out, “Oh, yes, that is where it all comes from!”  And what happens when reality blunders upon expectations and the two conflict within the agony of our lives — do we (or more appropriately put, can we) abandon them and leave them behind in the ash heaps of discarded disappointments?

And when do we become “smart enough” to realize that the old vestiges of expectations need to be reevaluated and prioritized, and not allowed to remain as haunting voices that we no longer remember from whence they came, but remain as unwanted guests within the subconscious purview of our daily existence?

Expectations — we all have them; but of priorities in our lives, we rarely reorganize them in order to meet the present needs of our complex lives.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s job and position, it may be time to re-prioritize those expectations that one has about one’s career, one’s future, one’s…life.

Expectations can be a positive force — of placing demands that spur one towards heights previously unimaginable; but that which is a positive force can turn upon itself and become a negative influence, especially when the check of reality fails to make one realize that priorities must be reassessed based upon the changing circumstances that life itself brings about.

Filing for Federal Disability Retirement benefits because of one’s deteriorating health may not be what one ever “expected” — but, then, all expectations have always been conditional in the sense that the demands made depended upon circumstances remaining the same.  When circumstances change, expectations must similarly adapt.

Preparing and submitting an effective Federal Disability Retirement application under FERS, through the U.S. Office of Personnel Management, may seem like a lowering of one’s expectations; yet, as it was always conditional upon the state of one’s health, a concomitant alteration of one’s expectations must meet the reality of one’s changed circumstances.

That is the reality of life’s lesson: Prioritize — health, family, career and the changing levels of expectations.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits under FERS: The isolation

Generally, we accept the statement that Man is a “social” animal, and by that we mean that he or she prefers, all factors considered, to live in communities and interact voluntarily with others, as opposed to living in isolation, apart and separate.  That we congregate in bunches of aggregate intercourses is not uncommon; that we enjoy the company and camaraderie of social discourse is considered “normal”; but on the other hand, that we like to be alone at times is also not disputed.

There are those who cannot stand being alone; others who must always be in the company of someone; of still many who fear being alone in life, and desperately cling to partners who one neither deserves nor should solicit for the sake of one’s own well-being.  For, in the end, even the loner was born into the communal world; that he or she decided to betray the conventions of society and isolate himself is not an argument for normalcy of being.

It is, in the end, the isolation that is most daunting; of being targeted and separated and placed into a proverbial-type of sequestration or solitary confinement.

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 concept of “isolation” is not a new one.  Whether because the Federal or Postal employee feels isolated because he or she cannot tell anyone about the medical condition or, having told about it, the Federal or Postal employee is deliberately being isolated because of the medical condition, matters little.  Both result in the same consequences.

The “targeted” employee; the one who is no longer “part of the team”; the one who has dared ask for an accommodation; the one who is no longer invited to meetings or in the general sharing of information; the isolated Federal or Postal employee needs to file for Federal Disability Retirement benefits through OPM, lest the isolation results in the continued harassment and ultimately ends in a termination.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The beginning, middle and end

It is a cognitive invention, as most events and occurrences are a continuum without such neatly-trifurcated wholes segmented into a tripartite of sectional constructs.  That is why sophistry can rule — because thought fails to meet reality and conform with it.

So the argument goes: An arrow shot from a bow can never reach its destination, as the the distance the arrow travels merely cuts the chasm between Point A and Point B in half every second or a fraction thereof, and as a line can be divided into halves into infinity, so the tip of the arrow can never overcome the mathematical division of measurable distances.  Yet, the hunter knows this not to be true, and the deer that feels the pierce of an arrowhead recognizes not the hypothetical constructs of philosophers and madmen.

Similarly, we ascribe to various conceptual constructs the “beginning, middle and end” — as in a novel; a stage play; the chapters of a life lived; a career; a failed marriage or of a successful one.  As to the latter — the “beginning” is described with adjectives of romance, love and passion unadorned; the “middle”, often with children, debts incurred, a home purchased and a career undertaken; and as to the “end”, whether of irreconcilable differences, infidelity, death or together taking walks into the sunset of two lives joined for a lifetime, depends largely upon the story told from the beginning, extending into the middle and coming to fruition towards the end.

In telling such a story, it is often less important what happened in “the beginning” — though couples often focus far too sharply upon that period, like prurient interests magnified by the query, “So, how did you two meet?”  It is more often the “middle part” that determines the course of the end; of the stresses of family life; the enticements and opportunities that can derail the best of intentions and muddle the principled mind; for, the “happy end” depends largely upon the activities of the middle, and it is the middle period that sets the foundation for the end.

And, as with almost all things worth pursuing, preparing and formulating a Federal Disability Retirement application by a Federal or Postal employee, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, requires a solid foundation both in the “beginning” and the “middle” phases of the process, in order to bring about a favorable “end” to the complex administrative process.

The “beginning” part of the bureaucratic process identified as “Federal Disability Retirement” often involves the medical condition itself, and the recognition that a change is needed.  The “middle” part involves the complexity of preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS offset; and the “end” embraces the hope of a First Stage Approval, but if not, the Second Reconsideration Stage and, if necessary, an administrative hearing before a Judge at the U.S. Merit Systems Protection Board.

Whether you as the Federal or Postal employee find yourself in the beginning, middle or end of the process identified as “Federal Disability Retirement”, always remember that wise counsel in the beginning makes for a smoother path in the middle, and greatly increases the chances of a successful end.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The perfection of nothingness

The advantage of nothingness over the clutter of everything is that the former – despite lacking any characteristic of anything concrete, or perhaps because of it – retains and reflects an aura of perfection.  It is perhaps a puzzle to consider perfection in that which represents vacuity, but think about it:  It is the figment and filament of negation which can represent the penultimate artifice of unsullied brightness; everything that is in being, can be found fault with, but nothing that exists cannot be prosecuted for imperfection.

That is why Anselm’s Ontological Argument for God’s existence is so deliciously irrelevant:  lacking any “real-world” content, the irrefutable perfection of its linguistic construct allows us to believe with such irredeemable faith in the a priori nature untouched and unable to be deconstructed in a world where everything is otherwise unmasked as either superficial, virtual or unreal.

The prefatory acceptance of the major premise – “That than which nothing greater can be thought of” – is itself of such irrelevant tripe (the substantive reference to the content, not the animal’s innards) that we involuntarily warm our hands and lick our lips before pouncing with predatory glee upon such sophomoric tropes (easy to exchange the “i” for an “o”).  And then we turn to our projects, as Heidegger would describe, in order to forget the unmasked and unveiled reality of our present concerns, because procrastination is the epitome of acknowledging our unmanageable souls and lives of decrepit conduct unlike the angels of yore.

There is nothing but imagination to feed our tired souls, anymore.  This isn’t even a “postmodern” world; instead, it is a “post-cynical” world.  We have unmasked every hero, dissected anything of value, and demeaned all content and reduced it all to mere materialism.  The only thing left for us to elevate to a heightened sense of ecstasy is nothingness itself.  Only if it survives in the corridors of our own minds and creative imaginations, can it be considered perfection.  For, in the real world, nothing that is of value can be trusted, and everything else remains but nothingness.

That is why, for the Federal or Postal employee who continues to procrastinate his or her Federal Disability Retirement filing, the perfection of nothingness often remains as the final hint of hope.  For, so long as one never tries, one can never fail.  Perfection in the security of not, is the epitome of safety.  By failing to file and remaining miserable in the pain and agony of one’s medical condition, the hope of future filing remains as the hint of hope for the future.  But the problem with such an approach – as with Anselm’s argument for the existence of God – is that we live in a world of real pain, real deterioration, and real destiny.

Preparing, formulating and filing an effective Federal Disability Retirement application by the Federal or Postal employee requires a “next step” forward in order to move beyond the perfection of nothingness.

In the trite parlance of ongoing modernity, there is never anything gained if nothing is attempted, but for the Federal employee or U.S. Postal worker who 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 positional duties, the agony of continuing in a job which is self-destructive, is by its very nature an admission that perfecting that artifice of nothingness is nothing more than delaying the reality of an uncertain future where the perfection of nothingness will gain nothing more than the reality of nothingness, which is nothing to hope for.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Lack of time

It takes time in order to be “nice” and “considerate”.  We don’t have such a luxury, anymore.  We have been sold a bill of goods; that technology, Smart phones, computers, laptops, tablets; of the actual engagement in texting, emailing, and all of the multitudes of communicating by delight of button-pushing, will allow for man to pursue the creativity within, and to forego the toil of an otherwise working world. Then, we would reach the pinnacle of human ecstasy, of “time” enough to do that which we  were destined for.

And, yet…  Somehow, the promises made became empty vessels of contractual vacuity, and the social contracts so construed with ponderous delights, never reach a moment of fruition, and instead left us all with an emptiness of soul.

When a society begins to trumpet blares of social “rights”, and to utilize the political process and the courtrooms to assert the ability and capacity to force changes, then it is the step beyond moment of neighborly cohesiveness.  There have always been disputes within organizations, townships, blocks, etc., which have required mediation and third-party intervention; but, for the most part, the working order of a society depends upon common courtesy, decorum, and accepted conduits of conventional behavior governing personal conduct and public displays of geniality resulting in the glue which cements societal functionality.

But, that takes time.

It takes time to say “hello” and “good-day”; it takes time to know that The Stinsons down the way, or the Zachariahs or Abdullahs two houses away and four blocks to the left of the Smiths, respectively, have a child with pneumonia (as opposed to being fearful that such revelation of illness will be interpreted somehow as weakness of character), and the discourse of living should immediately invoke a response of care, concern and a grant of extended help.

But we don’t have time for all of that nonsense.

That mushy-gushy-goo of human relationships, where actual contact has to be engaged, and when picnics were once the commonality of congregation when children dressed in Sunday bests with butterfly nets in hand, flushed cheeks from the midday sun of dancing waves in the delight of a summer’s breeze, and neighbors actually stood face-to-face and reflected upon the concerns of others, and not faceless stoicism and the staid numbness within the cocoon of selfish wants and virtual realities of Pokemon and timeless pursuits of distractions unleashed but for the loss of connection with human contact, and thus of humanity itself.

But, that is because we lack the time.

For Federal employees and U.S. Postal workers who feel the loss of time and the lack of time, and where time seems to be “running out” like a spigot left unintentionally open and connected to a finite source of reserve – it may be “time” to prepare, formulate and file for OPM Disability Retirement benefits.

When the agency has no time for one’s medical condition; when the U.S. Postal Service cares not for one’s health; then, the only “time” which matters is that moment when health deteriorates and progressively debilitates, and then it is surely time to consider “moving on” and leaving those with such ties to the currency of time behind, in order to reach that pinnacle of timeless timing when an effective Federal Disability Retirement application may be submitted to the U.S. Office of Personnel Management, where lack of time is more akin to the timing of lack which certainly takes time to prepare, formulate and file in a timely timelessness.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Catching with a net

Have you ever tried catching multiple entities with a net?  Whether more than one butterfly, or goldfishes in a pond, or even debris floating at the skimming water’s edge, the act of scooping, trapping and encircling with the tool of a net requires dexterity and unique hand-eye coordination.  Then, the one first caught escapes, and the frustration of gain-versus-loss ensues.  Is it greed which continues to compel despite the persistence of loss and diminishing return, or sheer stubbornness that we somehow battle against our own interests even when further escape occurs?

Ever the frustration of observing those once caught and get away, and chasing after those very ones we just enmeshed and caged within the netting of this ingenious deployment; and yet we insist.

How does that translate into a specific personality, or the manner in which we carry on in our daily lives?  Is going out and catching butterflies with a net the perfect methodology of determining a prospective employee’s “fit or unfit” personality and character for an organization?  Does it reveal a side of the person – for example, in the financial sector, or investment banking, if a person approaches the task by catching one, stopping, putting the insect or other entity into a bottle with pre-bored holes for oxygen, then proceeding in a sequential manner and attending to catching the next one, etc., does that tell of a prefatory commensurateness with careful investment strategies?

Or, take the very opposite, where the task is to catch 10 moving entities, and instead of stopping after each one, the future employment prospect goes about madly racing through the tall fields of grass furiously attempting to net the quota of requested numbers, despite imposing no time-frame in the completion of such a task – does that necessarily reveal a personality of lesser caution, of a person who may be rash and imprudent?  Does one revelation of acting in a particular context unmask a parallel semblance of reality in another, or do the specific circumstances themselves confine and define within a marginalized mirror?

Whether transferable or not, the imagery and metaphor of a person attempting to catch multiple entities with a single net, shows a side of human life which can be both comical as well as compelling.  For, as a reflection of parallel circumstances, it is somewhat indicative of the Federal or Postal employee who must begin the process of preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Like the person handed the net, the Federal or Postal employee with a medical condition who can no longer perform one or more of the essential elements of one’s Federal or Postal positional duties, must make a pragmatic determination as to the diminishing returns recognized in continuing in the same repetitive venture of living.  At some point, there comes a flash of realization that the same acts cannot continue without something else giving – and whether that “giving” is the butterfly which escapes, or one’s deteriorating health further and progressively becoming destroyed – is the flashpoint of reality revealing itself in compelling a decision for today, and no longer procrastinated for some unknown time in a future left insecure.

And like the butterfly which escapes to be free for another day, the Federal or Postal employee who cannot perform the essential elements of one’s Federal or Postal positional duties must by necessity attempt to free him or herself from the medical condition in order to reach that place in life where pain, misery, and the sense of being “caged” will no longer apply.

Sincerely,

Robert R. McGill, Esquire