Legal Representation on Federal Disability Retirement Claims: False notions

We all possess them; some, more than others; most, of a harmless variety where — so long as they are kept private and unannounced like an illegitimate child kept from the knowledge of one’s spouse, friends and family — no consequences ensue from the mere “having” of them.  False notions can take many forms, and on the spectrum of held beliefs, so long as one never “acts” upon them or otherwise expresses them in polite society, they remain the eccentric uncle that visits periodically but for short stays, and always tries to remain unobtrusive.

Say a person believes that the earth is flat — yes, there are many such people, to the extent that there are contingents of “flat earth societies” cropping up everywhere — but moreover, not only that the earth is flat, but you also believe that martians live on the far side of the moon, that every book published in the world over is written by Shakespeare, and that there is truly a wizard of Oz that controls the mechanism of the universe.  What harm is there in believing any of those?

Perhaps some are false notions; perhaps others are not.  So long as they do not intersect with conversations in the public domain, or do not interfere in the daily activities of living one’s life, is there any harm to possessing, maintaining, retaining and ascribing to false notions?

Take it a step further, however, and insert the following hypothetical: At a “get together” with coworkers and other departmental or other office personnel, a conversation begins with a group of gathered men and women, and someone begins talking about a new book that has just been reviewed by the New York Times Book Review Section, and one of the individuals pipes in that it, too, was written by Shakespeare.

The first person says, “No, no, it was written by so-and-so”, but the second individual persists and insists, and an argument starts: “No, it was written by Shakespeare.”  “You’re crazy.”  “No, you don’t know a thing!”  “And you probably believe that the earth is flat.”  And on and on.  Now, the next day, everyone is back at work — has anything changed?

Holding on to the false notions has not disrupted the flow of productivity, and the fact that one’s false notions were inserted unnecessarily into the daily discourse of other’s beliefs and understanding of an individual, has not disrupted the objective universe of those who gained further knowledge of another’s belief system.  False notions, then, so long as they remain private, or even when inserted into the public domain but without objective interference, may remain unobtrusive.

For Federal employees and U.S. Postal workers, however, who suffer from a medical condition, such that the medical condition is beginning to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, a false notion can indeed have some deleterious consequences.

If you, as a Federal or Postal employee, possess a false notion of pride, or of loyalty to the Agency or the Postal Service at the expense of your health, and thus delay preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, whether as a FERS, CSRS or CSRS-Offset employee, the impact of further delay or procrastination can impact your health.

False notions are fine to foolhardily have fun with, but when it intersects with your health, it is time to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with OPM.

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

 

OPM Medical Retirement for Federal Employees: ‘For’ and ‘to’

Do we ever pick up on the subtleties of language’s intentionality, anymore?  Is there a difference with a distinction between the use of the prepositions ‘for’ as opposed to ‘to’?  And, even if intentionally and with deliberative meaning, one inserts one as opposed to the other, would the person for whom it is intended, or to whom it is addressed, catch the difference, or would he or she merely respond as if there was never any difference at all?

Say the person began with one preposition but stopped mid-sentence and corrected it, inserting the ‘other’; would the correction be noticed at all, and even if it was, would that make a difference?  Say, for instance, a person says to another, “I would like to show my appreciation to you,” as opposed to saying, “I would like to show my appreciation for you.”  Is there a difference?  Is there a subtle intentionality hidden – where the “to” is just slightly less personal than the “for”?

What if the person speaking does not believe in any differences between the two propositions – would that make a difference?  Or, conversely, what if the person speaking does know the difference, or believes he does, between the two, but the person being addressed does not; does that make a difference?  Is there, objectively, a difference between the two, and can it be identified, delineated, understood and explained?

When we say, for example, that X is giving a gift to Y – is that different from saying that X is giving a gift for Y?  Or that Sally has shown great empathy to Mary, as opposed to showing great empathy for Mary – can the subtle difference of intentionality be derived?

Language is a difficult tool to master, to begin with, and grammar was once the medium by which correctness of communication could be embraced.  Much of grammar has now been discarded, abandoned and forsaken, and with the detritus of residue left behind, the subtlety of language – both in its usage as well as in its reception – has been lost.

For Federal employees and U.S. Postal workers who are considering filing a 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, almost all of the encounters with the Federal agency responsible for review and determination on a Federal Disability Retirement application – i.e., the U.S. Office of Personnel Management – will be wrought through impersonal “paper” transactions – submission of the Standard Forms (e.g., SF 3112A, Applicant’s Statement of Disability) and medical narrative reports and treatment records, as well as any Legal Memorandum prepared to argue your case – will be through an impersonal communication via language known, language learned and language imparted.

Knowing the subtleties of language, and the correct approach, the context and content driven by legal precedents and argumentation are all an important part of the process of preparing, formulating and filing an effective Federal Disability Retirement application.  It may not have to get into the minutiae of the differentiation of prepositions like ‘for’ and ‘to’, but there is enough complexity in the language of such a strange frontier as Federal Disability Retirement Law so as to justify hiring an attorney who specializes in such administrative legal conundrums, whether to obtain a successful outcome or for attainment of one.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation Federal Disability Retirement: Quiet

Is “quiet” the same as silence?  Or, of lack of noise?  Is it a state of mind-body consonance, where the body can remain calm and unmoving, yet the mind remains racing with thoughts, and in that state of being, do we fool ourselves to think that the outer world will not impact the inner mind?  Or, in reverse order?

Quiet is that which we strive for, in a world where din is the normalcy of life.  Can medical conditions that betray that which we strive for be understood by those who do not experience it?

Consider Tinnitus – that condition where there is a constant “sound”, whether of ringing, hissing or clanging that disrupts any consistency of a person’s striving for quiet, and this, despite everyone else in the “objective” world being quite oblivious to the “hearing” of such sounds.  Or, of the person who is deaf or progressively losing one’s acoustic acuity – can the rest of the world understand such a state of reality?

We assume, as we operate throughout the world on a daily basis, that because others appear to act in similar ways, that their inner beings and states of minds are similarly situated.  To “think alike” is to remain comfortable; and to attain “quiet” is not just to avoid the constant rush of living, but to reach a plateau where life is consistent, predictable and somewhat boring.

For Federal employees and U.S. Postal workers who experience the disquietude of a medical condition, where a combination of multiple factors come to the fore: Of a medical condition that prevents one from performing one or more of the essential elements of one’s Federal or Postal positional duties; of “noises” from one’s agency, supervisors and managers of deficiencies in performance, attendance or quota goals; of being placed upon a Performance Improvement Plan (PIP); of receiving a “warning” memorandum concerning one’s use of leave, whether Sick, Annual or LWOP; of harassment even when one has invoked FMLA rights; or of the step just prior to the last one – a proposed termination, then a termination; it may be time to prepare, formulate and file an effective Federal Disability Retirement application, to be ultimately submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

“Quiet” is not just a state of how things are in one’s home; one can lose that goal of quiet by bringing home the stresses of work’s harassment and adversarial environment, and it doesn’t have to be an actual medical condition such as Tinnitus or progressive deafness – although those may also be a qualifying basis upon which to file a Federal Disability Retirement application – but multiple other medical conditions, as well, that result in the disquiet of robbing one’s quiet.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Private thoughts, public offerings

The bifurcation of human contemplation can take many forms, and rarely do they conflict with each other, unless the former is involuntarily injected into the cauldron of the latter.  One can hold private thoughts contrary to one’s public image; and the public self can contradict the private soul without a condemnation of hypocrisy, so long as the two are never manifested as unconcealed revelations of surprised protocols.

We suspect that exacting consistency between the former and latter has never existed in the history of mankind – beginning with the dawn of hunters who trembled with an inner fear so violent that want of flight was paused only by the shame that would prevail at the tribal dance where bravery, conquest and manhood are celebrated; or in more “civilized” settings when socialites raised eyebrows upon behaviors deemed uncouth and agrarian, where divisions of social consciousness resulted from the miscreant amassing of wealth previously unknown.

Can resentment be concealed in a long-enduring marriage, or fear of death be tightly coiled within the heart of a warrior?  The samurai who gave his fearless allegiance to the daimyo, who in turn swore body and soul to the Shogun – did they avert the openness of their trembling by dispensing favors and accolades to the underlings who disseminated the fearsome bloodlettings?  And what of politicians today – the acceptability of having a “private belief” contrary to the “public stance” – do they constitute a hypocrisy, or an acceptable division of setting aside personal feelings for the greater good in public service?

Often, the misguided confusion arising between a conflict of contrasting private thoughts and public offerings, is just that:  We fail to contemplate the ends thought, and mix the means for motives untold, and in the muddle of such a conundrum of confusion, think that it reflects upon the meanness of our own souls, without recognizing that human frailty must always allow for a bit of good humor, if we are to survive the self-flagellation of our inner desires.

Federal employees and U.S. Postal workers have this same problem – of fealty and loyalty to a Federal daimyo or Postal Shogunate without considering the misguided and irrational basis of such compelling inconsistency.  The thought that loyalty to an agency or fealty to the Postal Service must continue despite hostility and abuse perpetrated merely for suffering from a medical condition brought on through no fault of the Postal worker or Federal employee, is tantamount to the bifurcation between private thoughts and public offerings:  publicly, in the company of coworkers, supervisors and managers, the smile of contentment and membership in the agency’s team spirit must be on full display; privately, the suspicions and paranoia mount because of the workplace hostility engaged by others.

Betrayal itself is often a misguided embracing of a blind trust; you cannot betray those who have already undermined your every turn.  Filing for Federal Disability Retirement benefits, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, is a very private matter, precisely because it involves the most private of information – one’s medical condition and the records which reveal the intimate and private details of it all.

Filing a Federal Disability Retirement application, first through one’s own Agency or H.R. Department, then to the U.S. Office of Personnel Management, is a “public” act in many ways, and it is that act alone which often makes one pause.  But this is where the “rub” must be faced:  In order to access a public right (filing for Federal Disability Retirement benefits), some extent of the private information (the medical condition; doctor’s narratives, office and treatment notes, etc.) must be “offered”.  Yes, it is a difficult decision – but one which must be faced in order to get beyond the private hell within the cauldron of the public hostility and workplace harassment which will only continue until an effective Federal Disability Retirement application is approved by OPM.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Life’s ruinations

The poetry of a fork in the road sings to us from those innocent days of childhood voices; of life’s beginnings, the promise of future longings, and those lazy summer mornings left far behind in dusty coves where love’s forlorn memories linger in misty waves of lapping thoughts.  Life has a way of beating us down.  A wise man once said:  If you don’t like the way the day is going, stick around, as everything changes over time.

We tend to focus upon the trials of the moment, as if there is no tomorrow, and perhaps that is a “good” thing, if we think that life is a linear progression (or regression, as it were) of experiences unfolding and eternally unending.  What does it mean to have a “proper perspective”, or a “balanced view” of life?  In the living moment of travesty and despair, can one reach beyond on either side in order to view the middle from afar?  Or are we so wrapped up in our own troubles that we can never quite see beyond the travails of our own creation?

We have lost the capacity to maintain vigilance as the gatekeeper of incoming information and data; instead, we are like rudderless vessels, being thrown to-and-fro by the waves of data-overloads, forever accosted by the connectivity for which we pay dearly in terms of money, loss of soul, and depleted creativity.  We cannot think for ourselves, anymore, because we have Google and viewfinders to guide our ways; and we no longer map out our road trips because we have electronic guiding devices to do that which we have lost our way in attaining.

For every second we have been promised that we would save with the advent of a new electronic device, Jim Croce’s time in a bottle would have been filled tenfold, if only we had stuck to the revolving voices emitted by the crank of an antique phonograph.

Life was once a promise of a future hope and unrealized cacophony of mirth to be reached; now, the darkness of life’s ruinations overshadow us all.  There are no promises or instructions of “how to” when we are born; only a meandering sense of anarchy by which we are shoved into and respond by the seat of our pants.  In the end, life’s ruinations are determined by the choices we make, and are well within the control of our willpower to map out fate, destiny and the avenues of alternatives offered.

For Federal employees and U.S. Postal workers who see the coming signs – of increasing harassment, administrative pressures and managerial sanctions – it is time to begin preparing.  Filing a Federal Disability Retirement application through the U.S. Office of Personnel Management, if and when a Federal or Postal employee under FERS, CSRS or CSRS Offset becomes disabled as a result of a medical condition which prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, is a necessary step in sidestepping and avoiding those pesky forks in the road which represent life’s ruinations.

In such instances, Google won’t help, and even an expensive GPS device won’t be of much use.  Instead, it is an individual choice to be made, and the time is ripe when you realize that life’s ruinations are often the result of procrastination and delay in preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with OPM forthwith.

Sincerely,

Robert R. McGill, Esquire