Tag Archives: federal employee medical proposed removal

Postal & Federal Employees Medical Retirement: Insult to Injury

It is a common enough phrase, and most of us know about it, learn it early on and recognize the phrase easily.  If asked where or from whom we first heard the phrase, most of us would scratch our heads and vaguely reference our parents, grandparents, or perhaps a friend of long ago.  The point is that such a phrase is likely so commonplace and universal precisely because it represents a commonplace occurrence.

It happens so frequently that the phrase itself is accepted as representing a regular event in everyone’s life.

We hear the stories often enough: “I was walking along the street and X happened to me.  That was bad enough.  But to add insult to injury, then Y did this-this-and-that to me, as well!”  Or: “I thought it was bad enough that X wouldn’t do Y for me, but to add insult to injury, he then proceeded to do Z.”  Yes, it is the commonplace-ness of it all which is the reason why the phrase itself is learned at such an early age.

Life is like that, isn’t it?  After the newborn first learns those early words or sounds — like “Ma-ma” or “Da-da” — he or she then immediately learns the phrase, “To add insult to injury”.  Well, maybe not those very words, exactly, but something close to them.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, consult with an OPM Disability Lawyer who specializes in Federal Disability Retirement Law before the Federal Agency or Postal Service adds insult to injury.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Disability for Federal and Postal Employees: Comparisons

Does it help to make them?  Do we take comfort in judging the relative plusses and minuses in making comparisons — as in, X has A, B and C, but I have, in addition, D and E, and therefore I am more fortunate that X is.  Or, is it a comparison of one’s conditions, as in: “Boy, at least I don’t have X like Lisa does”, or “At least I am not in Y’s situation”?

To the extent that comparisons remind us of that which we are blessed with, they allow for a certain level of utilitarian value.  But there is a negative side to it: Of jealousy engendered by comparison, or of discontent resulting from making one.  Rousseau, of course, makes that point throughout his “Social Contract” analysis, of the purity of man’s intentions in that fictional state of “nature” that we were once in, but where society’s accretions of materialism created the artificial emotional response of discontent and jealousy.  But compared to what?

It is important to make the fair and correlative comparisons which are relevant — as in “apples to apples” and not “apples to oranges”.  For, it is the uniqueness of each entity, object or situation to be compared with the singularity of another that makes for a proper comparison.

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 inadvisable to compare one’s case to somebody else’s.  For, the proper comparison is not to evaluate one’s medical condition and the severity of one’s medical condition to that of another person’s medical condition; rather, the proper comparison in a Federal Disability Retirement case is to compare one’s medical condition to the essential elements of one’s position.

Thus, comparisons made must always take into account the relevant connections which relate not just in terms of similarities, but as is the case in Federal Disability Retirement Law — in what the law allows for and considers significant.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: ‘It could be worse…’

Do other species utilize comparative analysis as a tool for deciding the next course of action to take?  Or, does the existential, “here-and-now” appetitive nature of non-human beings rule, such that the conclusion reached — “It could be worse” — never plays a role in the decision-making process?

For, that is the basis of the conclusion reached, is it not?  Of remaining static, refusing to change, in deciding to not make alterations to present circumstances no matter the cost or the pain — that by coming up with imaginative, hypothetical models of circumstances real and fantasized, encapsulating descriptive conditions far worse than the one being endured by you, we can therefore justify continuation of maintaining the status quo?

How much worse must it get before one discards the idea that it could be worse?  Or, are the boundaries of human imagination so limitless that the enduring of present circumstances is always preferable to modification and change; or, perhaps that change itself is so naturally resisted, because the comfort of monotony and repetition provides the sequence of security that favors the stability of an unchanging universe?

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 preservation of the status quo is often preferable to the trauma of needed change.

One can justify for quite a long time the grasping on to that which one has, and to not change; and the justification can be maintained for quite some time in the very statement, “It could be worse…”.  That is the safe path, the road of least resistance; but the question unasked is the one unanswered and therefore untold as to the progressive deterioration of one’s health; Of: “Could it be better?”

That question can only be answered in conjunction with the realization that one’s health is never something that should be sacrificed on the altar of one’s career or work, and preparing, formulating and filing an effective Federal Disability Retirement application, filed with the U.S. Office of Personnel Management, is the first step in recognizing that, Yes, while it could be worse, it could also be better.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: Insular worries

How much time is spent on worries constantly engaged in conversations never spoken but hidden within the insular universe of the private mind?  The walking person who appears to be “carefree” with an impassive face or even a flashing grin; of that person, can one detect the trembling child within, the shuddering fears hidden and the angst-driven force behind?

So much time is often spent on battling against the monsters that loom so large within the insular world of one’s mind that productivity is diminished, creativity is dashed and the relishing of valuable moments become forever a memory that could have been, might have occurred and only fleetingly felt.

How does one counter the obsessive characteristics that most of us are beset with — of anticipating doom and disaster where none has yet occurred; of predicting that failure is just around the corner without having seen any indicators of either the bend around the next block nor the sunshine that foreshadows success; or of simply worrying because there is too much calm, or an overabundance of happiness, joy and the saltiness of success?

Is it always the “quiet one” whom we should all watch for?  Why is it that, after a tragic incident, the neighbor always points to the perpetrator of the crime and says, “He/she was such a nice, quiet person”?  Is it because the insular worries that are never spoken, but remain silent throughout, grow and fester like the mold behind the cellar door or the pus within the bubble of hidden flesh?

For Federal employees and U.S. Postal workers who walk about with a medical condition that must be “kept private” and “hidden” for fear that the Federal Agency or the U.S. Postal Service might begin to “take actions” to restrict the use of Sick Leave, or refuse to allow for extended LWOP or, worse yet, to place one on a “Performance Improvement Plan” with the full knowledge that the medical condition prevents the Federal or Postal worker from performing all of the essential elements of one’s Federal or Postal job duties — 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, might be the logical next step beyond walking about with the insular worries of an anticipated future event.

Worrying is an integral and inseparable part of modernity; the world is complex, and the complexities themselves create a surreal universe of worries and anxieties; how we “deal” with them, however, is the key to successfully tackling them.  Consulting with an experienced attorney who specializes in handling Federal Disability Retirement issues will likely be the necessary first step in preparing an effective Federal Disability Retirement application, and perhaps the unburdening of those insular worries that are bundle up with questions that need some answers.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: Of empty promises

What is a promise? Is it binding, and if so, what makes it binding?  Does a written acknowledgment, a memorandum of understand or a memorialization of promises made and assurances conveyed, make a bit of difference?  Why are “eternal” promises so much easier to violate – is it because, as finite human beings, “everyone knows” anyway that we never meant to keep such stipulations made before gods, angels and other sanctified entities?

What about empty promises – those that we know are suspect to begin with, but in a drunken state of euphoria, deliver them with purportedly serious aplomb and regurgitate without hesitation before ceremony and sanctimony coalesce to delightful sounds of quietude where the backside covers the crossed fingers in a crucifix of humor and denial?  Disdain originates from a plenitude of broken promises; and the incremental unease which develops into the angst of quiet fury, directed with a despair permeated upon decay of conscience.

In a time before, when a person’s word needed not a written memorialization; when a handshake solidified unspoken words with a mere nod; and when language stood stalwart against the disputatious sophistry of linguistic gymnasts; by contrast, today we have a population of experienced betrayals, where everyone mistrusts and no one accepts at face value.  Is this merely a reflection of wisdom matured, or of cynicism run amok?  What do we teach our children – to trust selectively, to never accept the words as spoken, or to remain as innocent lambs on the road to the slaughterhouse?

We of this generation know of empty promises and broken dreams, and the sad part of it is, such dismay is based in reality.  Of Prozac, anxiety and childhood despair, there is no replacement of virtue in doing what “feels good” or changing mates as often as we do our underwear.  But, then, we cannot be too judgmental, these days, lest we offend our counterparts and crack the mirror which reflects our own hypocrisy.

And what of Federal employees and U.S. Postal workers?  They have also felt the brunt of empty promises.  This was supposed to be the dawn of a new age, where workers would be treated with respect and dignity, and when a medical condition or a disability intervened, the Federal agency or U.S. Postal Service would “accommodate” the medical condition.  But old habits die hard, and one must always be suspicious that there is a genetic code of ingrained darkness in the core of humanity.

Thus, fortunately, we still have laws which protect against such empty promises – like those pesky laws governing Federal Disability Retirement benefits, protecting Federal and Postal workers from simply terminating a Federal or Postal worker who suddenly cannot perform one or more of the essential elements of one’s Federal or Postal job, because of the onset of a medical condition.  Preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is one way of ensuring that empty promises made, and left unfulfilled, may yet be salvaged by filing an effective OPM Disability Retirement application.

Just a thought, though empty it may well be, like promises left in the silence of a singularly occupied room, uttered to no one in particular, and heard by everyone in muted valleys of numbed acquiescence.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Of garbage, debris and leftovers

The first is that which we outright discard for loss of value or unrepentant conclusion of worth; the second, what remains after destruction or usage; the last, what is set aside or left behind for multiple reasons, including everything referred to in the first and second, as well as a sense that a loss of appetite resulted in security of its existence without any judgment upon the core of its essence.  Because of our own linguistic laziness, we tend to just lump them all together; but distinctions in language-games matter, and what we do with each, how we treat them, and when we act upon them, requires more than recognizing the subtlety of differentiation we may overlook.

We associate garbage with the smells of rot and decay, and set aside vast areas for landfills to bury and cover over in the remoteness of society’s outskirts, where in lands of impoverishment and suffering starvation, the outcasts of society gather just to pick at the best of the worst.  Of debris, the wealthier people and nations as a whole simply discard and start over, again.  Those who can ill-afford to simply begin anew, will often try and salvage what debris can be reconstituted, and attempt to rebuild lives destroyed and damaged from hurricanes, wildfires and tornadoes, or other such disasters pummeled by nature’s fury or man’s carelessness.

And for leftovers, it is appropriate that it should be the last in the tripartite of linguistic examinations.  For, it applies to foods, to various aggregations of detritus, and to human beings themselves.  Of entities inorganic or inert, they can represent the extra screw mistakenly inserted with the package received, or the cheap trinket purchased in a foreign land but unable to fit into the bulging suitcase and discarded under the unmade bed in the hotel room left unpaid.  Of foods and other organic matter, it is the lesson taught by an overbearing parent, where loggerheads with stubborn children evoke stories once heard and continue as mythologies which – like unicorns and 3-ring circuses, never quite match the smell-test of reality – propagate like mice in the basement of dank and darkness, where the utterance, “When I was your age, what you leave as leftovers used to be the main course!” was but a boast echoing with hollow discourse upon ears deaf with such trite admonitions.  But the more serious manner of the meaning is reflected by the human cost of how we treat one another.  For, it is the “leftovers” of society which we forget about in the teaching lessons of wealth and abundance.

For Federal employees and U.S. Postal workers who are shunned aside because of 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 conceptual construct of what is a “leftover” is a poignant reminder of what once was, of what can still be, and a hint of hope for a future without the harassment, intimidation and constant barrage of aggressive threats propounded without concern for consequences. For, it is the lesson of the leftover which we should all bear in mind.

As any reference in this day and age of a “Biblical” concept is immediately dismissed and ignored – (remember?  Of how treating the “least” is tantamount to re-crucifying at each turn?) – we must therefore embrace the lessons of our own childhoods.  For, in the end, the Federal employee and U.S. Postal worker must make a decision of self-worth, and decide whether or not it is of any value to be treated as the vegetables untouched or the morsels undisturbed; or, perhaps, to “move on” and file an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, and become again the “main meal” as the lesson taught once recognized, in this universe where garbage, debris and leftovers are treated all in the same manner and upon the same plate of empty promises.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: What we believe

Belief is a funny animal.  So long as what one believes is never uttered, one can change them from day to day, or even from one hour to the next, without consequences attached.  Of course, you can do that, anyway, and many do in this day and age.  Once spoken, however, a belief takes on the figurine of a furnace-fired ceramic piece; to change is safe only in engaging the linguistic language-game with those who never heard of the belief, but there is a danger that such third parties could report back to the first party to whom the belief was conveyed.  Then, of course, there is the potential charge of hypocrisy.

On the other hand, there is always the disarming disavowal that it was all merely a “misunderstanding”, or perhaps that the other person didn’t get the “nuance” of the utterance; or the catch-all detachment:  “I was joking”.  Facts, of course, can alter beliefs, and that is supposedly acceptable because one has evolved through maturation of knowledge (unless, of course, you are running for political office, in which case you are reserved the allowable space to maintain the cognitive bifurcation like a schizophrenic, concurrently holding a “private belief” while concomitantly stating a “public stance” on certain sensitive issues).

Further, beliefs can become transformed via genetic, life-stage or “aha”-moments; the first because of some recognition that the wired-DNA that constitutes the “real” self has finally been revealed; the second, because there are recognized stages of living – of those prepubescent years, of middle-aged crisis and menopausal breakdowns, or in the end, just because a spouse and his or her lifetime commitment “grew apart”; and the third, by religious conversion and the “road to Damascus” experiences which allegedly justify a transcendent transformation.

In many ways, they are like opinions, though purportedly of a higher order.  Of opinions, it is often said that we all have them – of no greater consequence than the urgency to utilize the bathroom, with the latter having greater significance than the former; but of beliefs, they were once contingent upon study, reflection, coherence and rational methodology.  Somehow, in the linear progression of Darwinian evolution, the higher order of thought processes lost its way, and the meandering of human folly became the prominence of epic conundrums.

We have come to a point in human history where, what we believe is of an irrelevancy based upon our lost hope in discarding reverence.  For, the “what” must have a prefatory methodology, and that foundation was the reverence for creation.  We no longer believe “in” anything, because we no longer have any faith in anything of consequence.  Without awe, the human factor of hope, and therefore of belief, becomes a vacuity of thoughtlessness.  As all of creation is constituted by material equivalence, so our beliefs are of no greater worth than the gaseous ethereality emitted from the guy sitting on the next stool.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition may necessitate filing an effective 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, the loss of belief is an important factor to recognize – for, the one saving constancy throughout is that there still remain “laws” which people, agencies and even the U.S. Postal Service must abide by.

Adherence to the law is often the only saving grace in the craziness of this world, and knowing it, applying it and arguing it in meeting the preponderance of the evidence test, is the best way to avoid that catch-all dismissive, that it is all merely “your opinion” as opposed to “my belief”, when in fact pointing out the precedential case-law and arguing the statutory basis is precisely what is needed to get beyond the irreverent assertion of that which we believe.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: Of August Reminders

As an adjective, the accent is placed upon the second syllable, and recalls of supreme dignity and grandeur, with images of a Roman Centurion with his breastplate shining in the full sun of power and prestige.  As a noun, it is the doldrums of the eighth month, but where a breath of coolness always invades and reminds us of the possibilities, and of the coming winter still to arrive.

The inflection upon the first syllable makes all the difference; yet, the word remains the same, and only the harkening echo of a meaning concealed by mere intonation of voice.  What reminds of possibilities yet to be revealed?  Do smells, sounds and memories of potentialities unseen but foretold by parents, uncles and relatives, of the limitless anticipation of a world still before us?  Or of that cool respite, when the heat of summer turns suddenly a winter’s reminder, and allows us to bask in the sweat of our own memories, when toil was but a lazy dream in the midst of shadows by the stream’s edge?

There are times in life when possibilities seem endless, and the potentiality for happiness, joy, and sheer pleasure are limitless but for the darkness of our inner essences; when childhood memories once granted the wishes of a butterfly’s dream, and love was still the scent of flowers yet blooming in the valley below. But life tends to intrude and intercede; interruptions of august dreams in the doldrums of August nights; but for us, dreams are the escape from the reality of today, where tomorrow only brings sorrows but for lonely nights where the unity of solitude interrupts the daily grind of reality.

We never could precisely pinpoint when childhood ended; only, that adulthood “is”, and forever was.  Those summer dreams when the first kiss awoke our inner stirrings; when innocence was lost forever; and, somehow, we grew up with august reminders in those lazy August days when the fireflies died, and darkness enveloped the universe of possibilities.  There will still be days when we believe in ourselves; but as lives pass by, we watch and listen, and rarely see.

For Federal employees and U.S. Postal workers who feel the heat of summer’s suffocating dawns, those few days when the blast of reminders come our way, we relish and believe that the August doldrums are now behind us, only to realized that the days ahead will still embrace the sweat and toil of endless streams of treadmill repetitions.

When a medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal worker’s positional duties, it is time to harken back to the days when august thoughts pervaded, and leave behind the August doldrums of sweat-filled concerns.  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, is often the best option left as a reminder that August is the month of possibilities yet unfulfilled, and where august thoughts must emphasize the syllable following the doldrums of past reflections.

Sincerely,

Robert R. McGill, Esquire