Tag Archives: federal employees medical issues in retirement

FERS Medical Disability Retirement Law: The Finite Life

The concept itself may connote multiple meanings: That we have a set amount of time within which to live out our lives; and, additionally, that what is in our power is limited, contained, restrained, and bounded by our nature, our born-with talents, our circumstances, and likely the most significant factor — luck.

Are some people just “lucky”?  And, what does it mean to “have luck”?

Certainly, if you are walking down a street and you come upon an abandoned briefcase which no one claims, and you open it and find a large sum of money within — that would be considered “pure luck”.  But that doesn’t happen often in life; instead, the merging of various circumstances and events occur, where opportunities are presented to Subject-A but not to Person-B; and then, we declare of the former, “He was just lucky”, and of the latter, “She just never has any luck.”

That we have a set amount of time in this world is a concept of inconsequential results, for that is true for everyone.  But of the concept of a finite life which means that we are limited in our potentialities — well, that clearly has dire consequences, especially when it belittles and diminishes the human imagination.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition reminds us of the finite life — both in terms of our mortality as well as the limitations of what we are able to do — preparing, formulating and filing an effective Federal Disability Retirement application under the Federal Employees Retirement System (FERS) may be the answer for releasing the Federal or Postal employee from the conceptual constraints of what that definition entails.

Contact a Federal Disability Attorney who specializes in OPM Disability Retirement Law, and release yourself from the Finite Life resulting from the greater sense of mortality brought on by your medical conditions.

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.

 

FERS Disability Law: Shakespearean Comedy — or Tragedy?

Shakespeare has said it all; whether in one of his Tragedies or Comedies, or in the Sonnets which addresses so many topics ranging from mortality to love, time, beauty, etc. — he covers the inner psyche of man and the outer folly of our actions.  That we no longer quote from his plays or sonnets is a reflection of our own superficiality, and the failure on our part to recognize, protect and preserve the genius of a relic so relevant even today.

“Genius” is precisely that — of thoughts, principles and stories that transcend time, culture and historical context; but we live in an age where, as Aristotle would note, the “appetitive” part of our soul has been allowed to rule, whereas the intellect, reason and rational parts were meant to be the dominant force in our lives.  Comedic situations or tragic circumstances — one often melds into another.  In modernity, we often don’t know when to laugh or to cry, as the pain is great, the absurdity greater, and the two cannot always be recognized one from the other.

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, the Shakespearean Comedy — or Tragedy — one is witnessing, must by necessity require a conclusion to the play you have a role in.

Consult with an OPM Attorney who specializes in Federal Disability Retirement Law, and consider what role you have been playing all along, and still need to play.  For, the differences between a Shakespearean Comedy and Tragedy are often indistinguishable, but for the wisdom the Court Jester has given to the Tragic Hero, and whether or not his hubris results in failure to listen to the advice given.

Sincerely,

Robert R. McGill
FERS Disability Attorney

 

OPM Disability Retirement under FERS: Seeking stability

It is the constant tension between Parmenides and Heraclitus — those Pre-Socratic philosophers who first looked for a metaphysical foundation in comprehending the complexity of the universe.  In general, the former is known for his view about the ”oneness” of the universe; the latter, famously attributed with the statement that “No man steps into the same river twice”.  Both address the issue of the encounter with “Being” as Being itself, and not for any particular being.

Do the perspectives and philosophical beliefs of such “ancients” matter to us today?  Of course, we have only mere fragments of the writings of both philosophers, and so any attribution of thought may be tenuous, at best.  Nevertheless, it is the ongoing and historical tension between the two lines of thought which has any relevance or applicability for the modern individual.  That tension has to do with the manner in which we live, the outlook of our perspectives and the human need for constancy in a universe that often seems to be in perpetual turmoil.

Whether on a “macro” scale — i.e., of world affairs, the domestic front or even local news — one needs only to turn on the television to recognize the multifarious troubles of daily life.  Or, on the “micro”, more personal side: perhaps the illness of a loved one; the loss of a job; interpersonal relationships deteriorating — or a medical condition that has become chronic, where a Federal or Postal employee is concerned.

We all seek stability — a view like Parmenides’ philosophy — where we seek to have a sense of calm and quietude.  But the fact is that reality seems to always favor Heraclitus — of life as a stream that changes minute-to-minute, and a medical condition represents just that: a state of constant flux where stability will not yield.

For Federal employees and U.S. Postal workers who need to find some stability in their lives, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS, CSRS or CSRS Offset, is often the next logical step out of the turmoil and crisis that is created at work.

Seek the advice and counsel of a lawyer who specializes in Federal Disability Retirement Law in order to know your full rights.  Seeking stability in a world of turmoil is a very human need which we all desire, and for the Federal or Postal employee who can no longer perform one or more of the essential elements of his or her Federal or Postal job, the pathway of Parmenides is preferable to the rivers of Heraclitus.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement: Absurdity with an explanation

According to Quine, the great mathematician and logician, that is the definition of a paradox.  It is an event or a concept that seems at first glance to be an impossibility, or a conundrum of some complexity, but can be explained to unfold the absurdity first displayed.  Thus — of the man who has walked the earth for decades but is technically only 9 years old, until one realizes that his birthday falls on the 29th of February, a date that appears only once every 4 years; this is a paradox, until the absurdity is explained and it suddenly makes sense.

Similarly, a medical condition is a paradox: It is an absurdity of sorts, especially when it hits a person in the prime of his or her life.  What possible explanation can be had?  Where is the “fairness” in it, and why do some people who eat all sorts of junk food for years on end never experience the calamity of a chronic and progressively deteriorating medical condition?  Where is the “equal employment opportunity” of a devastating medical condition?

Where is the sense of “fair play” displayed when a medical condition pounces upon a Federal or Postal employee and suddenly no amount of past accomplishments make up for the sudden loss of productivity and need to use the accumulated sick leave, and even invoke FMLA rights in order to attend to one’s health?

For Federal and Postal employees 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 position, the paradox comes in the form of when to consider filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  For, filing a Federal Disability Retirement application through the U.S. Office of Personnel Management is indeed an admission of a need for change; yet, paradoxically, change is precisely what your Federal Agency or the Postal Service does NOT want — they want you to continue as before the onset of your medical condition.

The absurdity resides in the lost sense of priorities: work, as opposed to one’s health; stresses that exacerbate, as opposed to relieving those elements that contribute to one’s deteriorating conditions.  The only explanation that makes sense is to prepare, formulate and file a Federal Disability Retirement application, to be submitted to OPM in order to be able to focus upon one’s health.

That is the paradox, and the absurdity with an explanation for a Federal or Postal employee who needs to file for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire
Postal & Federal Employee Retirement Attorney

 

Federal Disability Retirement: Circumstances and choices

When is it too late to begin reflecting upon one’s circumstances and choices?  Do we already do that daily, and does the length of rumination engaged depend upon where one’s station in life has reached? Do old men and squeaky rocking chairs justify such reflective modes of behavior, or do the young as well take the time to ponder upon choices made, circumstances encountered, and the spectrum of clashes in between?

Do we formulate a fauna of false representations of ourselves, and depict upon the screen of a mind’s inner movie of the “self” with edited versions so that, when queried, we can make those “bad mistakes” of past choices appear to fit into circumstances where we can innocently declare, “I had no other choice!”?  We “make the bed we lie in”; suffer from the “messes we make of our lives”; or of what other adage or declarative falsehoods may we come up with to excuse our own choices in life’s travail of valleys full of mournful echoes?

Circumstances often dictate the choices we make; or, at least the metaphor of “dictation” leads us to believe.  For, the very idea of “X dictates Y” as in the previous statement, “Circumstances dictate the choices we make”, removes us of the responsibility in making the choice, by making it appear as if the choice made is not really a choice at all, but merely an action that is necessitated and you are therefore merely an unwilling agent.

What is lost in such discourse, of course, is the lengthy history of sub-choices previously presented and ignored, where choices that could have been made before circumstances became so dire that the narrowing of alternatives dissipated until a crisis point came to the fore — that is where circumstances and choices require careful analysis before the alternative juncture of varying pathways disappear.

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, whether under FERS, CSRS or CSRS Offset, it is important to early on recognize the circumstances unfolding and the choices presented, before the multitude of “forks in the road” begin to disappear, and life’s circumstances begin to impose — not binary choices — but choices that begin to dictate.

Preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management may not seem like a choice that one wants to undertake, but it is often the circumstances that one has no control over that dictates the future course of choices, and not the choices themselves.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal & Postal Employment: The Scraps of Life

But that primary utility and first considerations were always so; if we were inanimate objects able to compete, we would raise our hands and volunteer for the front of the line just to be recognized and implemented.  We whine and complain that the dignity and the essence of each soul should be treated not merely as an end, but a means, and thereby treated with respect and empathy.  But of our actions; how we respond; what we are willing to surrender in order to be used as mere fodder for the foul play of fantasies left as scrap heaps of history?  Are we useful?  Of what good are we?  Do we make a difference?

Such questions become the mindful focus of determining the worth of our being.  Perhaps it is the ingrained determinism of the hunter of yore; that the pursuit of the prey in that pool of genetic yonder era when Darwinian structures compelled the need for vainglory conquests; but in the age of quietude of purpose, where civilizations have settled in cultivated corners of sophisticated inaneness, the need to be recognized and judged as useful still follows upon the self-awareness of one’s relevance in life.

The scraps of life — do we see ourselves as such; like the leftovers unappetizingly shoved aside on a plateful of greasy refuse not even considered by poverty or despair?  How does it “feel” to be forgotten in the dungeons of abandoned corners, left as irrelevant and useless remnants in a society which declares worth and value by the monetary assignation on a gold standard no longer applied?

Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition no longer allows the Federal or Postal employee to perform all of the essential elements of one’s positional duties — they know well the feeling of what is meant by “the scraps of life”.  For, the Federal employee or U.S. Postal worker who no longer can show the fullness of productivity, prove the worth of fulfilling the “Agency’s Mission” or meet the daily quota of processing the voluminous mountains of mail — it is, indeed, the treatment of the human being as merely an end, and not as the means for a society unconcerned with dignity or respect.

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 only option left, in order to be allowed to “move forward” with life.  For, in the end, it is the next phase of life, the chapter following, and the “new and improved” menu for the visiting dignitary and wide-eyed tourist, that matters most.

And for the Federal employee or U.S. Postal worker who must cast aside the plate of delectable gastronomics now left as the scraps of life?  Preparing, formulating and filing an effective OPM Disability Retirement application — that is the way off of the plate, and into the furnace of a future uncertain, but surely of greater relevance than to be suddenly lifted and placed beneath the table for the waiting pack of dogs to devour.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement from Federal Government Employment: The Well-Digger’s Daughter

It is a French film directed by Daniel Auteuil, and depicts an age just before, during, and after the First World War, when rural life still embraced a contempt for modern values, and the pastoral context defined the the quietude of family life yet unblemished but for private shame of family secrets.  It is in the title itself which reveals much; for, there is no independence of a person’s name, and the underlying theme throughout encapsulates the right to a surname, the identity of an individual, and how the interconnectedness of one’s essence, being and substantive community is itself defined by the proper ascription of who we are related to, how, and by what legitimacy.

It is, in that sense, outdated and “old fashioned”; for, in modernity, we cast no aspersions when it comes to heredity, lineage and source of being, anymore.  But the historical context reflects the time of its relevancy; here, names matter; formal acknowledgement of marital unions within a community of acceptance and celebration are expected; and the child who comes into this world must be identified by the proper surname through label of sacrament.  At the outset, the title itself reveals much; for, we immediately note that it is not the name of a person, but an identity within the context of a family lineage.

In this day and age, names are no more important than the identification of inanimate objects; relational identities have been cast aside; we are known, each of us, by the names we have been given, have shed and taken on in rebellious denial of former connections, or so easily abandon and recreate, like so many pseudonyms used on the technology of our former selves.  But try as we might, somehow the haunting connections seem to matter; otherwise, how else to explain the persistent cries of orphans and abandoned children to search and discover who their parents are, and to open up sealed court documents to embrace identities formerly unknown?

Is it a mere mirage and vestige of an antiquated mutation, where the genetic lineage served to fulfill Darwin’s fantasy of survival of the fittest, somehow misinterpreted by one’s cellular make-up to include direct inheritance of a particular DNA?  And why is the language so precise and important?  Would the story have been any different if it had been titled, say, “The Girl who wore a pink bonnet”?  The narrative could still have remained; but, somehow, by merely identifying the character by what she wore, is not the same as to whom she is related to, of how she is named, and by what relationship her being is connected.

Words — and names — matter.   Identifying the proper relationships, and the context of connectedness, all together form the “wholeness” of a coherent narrative.

That is why, in preparing and formulating a Federal Disability Retirement application, it is important to coordinate the medical documentation with the Applicant’s Statement of Disability; the Applicant’s Statement of Disability with any legal arguments to be made and cited; and any legal arguments with both the medical documentation and the Applicant’s Statement of Disability.  For, each are not mere separate codifications of independent entities unrelated to the other; together, they form a compendium of a cogent narrative, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset; and when such force of coherence is submitted to the U.S. Office of Personnel Management, it heightens the statistical favoritism for an initial approval.

And, like the Well-Digger’s Daughter, we must always remember that the interconnectedness of life, living, and the essence of everything around, is defined not merely in our individual capacities, but by the sacredness of who we present ourselves to be.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Pipe Dreams

The origin denotes an unsavory history of imperialistic exploitation and deserved degeneration of culturally unseen and unforetold consequences; of an encounter between foreign soils bridged by greed, necessity and inevitable destinies, but where the conqueror reaped more than what it sought.  In the opium dens which followed and the devastation of addictions ensuing, the phantoms derived from the processing of a plant which otherwise concealed the deadliness of its essence, beautiful in its floral toxicity amidst the sweet aroma that diffusely pervaded an unsuspecting population — dreams, indeed, of unreachable heights and great expectations otherwise squandered.

It is from that 19th century term — of the wafting scent of doom combined with the forgotten troubles of an industrial age, when repressive measures could be meted out by colonial strength, and insulting terms denigrating the humanity of an entire population could be thrown about by the lowliest of the low, and yet with superiority by race and ethnicity merely because one nation conquered and took advantage of the subservient nature of a quietude yet open to a coming storm.

In the end, who were the victors and what vestiges of the vanquished remained — only the untold stories of unmarked graves, whispering by twilight of plunder and portage of cultures; for, is it the country which invaded, or the one who imported the pipe dreams which subjugated the populace to an addictive essence?

In modernity, of course, the term itself has been shed of its subjugated past, and merely connotes an unrealistic expectation, a pursuance of a dream devoid of pragmatism, and a picture of flightiness attached to those who express such creative dimensions of unconstrained exuberance.  Children and the insane have them; and perhaps, still, those who partake of illicit moments of addiction and self-abuse.  But reality is always where we meet again, and the loss of time, efforts and futile exertion of wasted energy ends up back to the proverbial “square one”; what we squander in labor, we make up for in foolishness.

For the Federal employee and the U.S. Postal worker who must daily be challenged not only with the workplace hostility of repetitive annoyances, but further, work with a medical condition which progressively deteriorates and diminishes the Federal or Postal worker’s capacity and ability to perform all of the essential elements of the Federal or Postal positional duties — pursuing a pipe dream that it will all just “go away”, or that tomorrow the medical condition will miraculously heal itself, or the day after the harassment will cease:  these are mere phantasms of a hope diminished by reality.

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 an acknowledgment that the Federal or Postal employee is no longer relying upon a pipe dream, and has taken a pragmatic step towards facing the reality of one’s situation.

In the end, a pipe dream need not be a mere vestige of a lost culture steeped in the wayward historicity of timeless depravity; for, as the past continues to haunt both individuals and the greater society, so the words which follow may describe a regeneration of that which was once forgotten, but still remains in the residue of unvanquished sins.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Artistic precision and the caravan of words

The two words in the initial linguistic compound are rarely combined; for, as the former denotes a free-wheeling flow of undisciplined handiwork, it resists against the latter for its constraining methodology of instrumental pragmatism.  Thus, an “artist” by definition belies the very definition of precision, and “precision” connotes too rational an approach within the contextual themes of scientism and material fortitude.

Are they oxymorons?  Not quite.  Inconsistent in an aggregation of conceptual constructs?  Perhaps, to a degree of some incommensurability.  Nevertheless, as even opposites can still attract, and manage to discover ways to synchronize, so the free-flowing phenomenology of creativity inferred by an artistic hand, can with the guiding principles of methodological precision, garner a coordination of approaching beauty by analogy and pastoral effect by metaphor.

With that, we approach the latter half of the title — of a “caravan of words“.  Some would picture in the mind’s eye of a distant past, where antiquity and modernity clash in a final battle of lost yearnings; of a line of camels against the sunset of a desert’s sky, when languages uttered were foreign and exciting in their romantic interludes.  Nowadays, in a world gone mad, no one cares a twit about such scenes except to fear the violence and mayhem which is represented by a technological world having replaced the transport of goods by beasts of burdens.

It is, however, the addendum of “words”, attached to the concept of a caravan, which qualifies for significance and meaning.  For, by conveyance through a manner lost now in the fading antiquity of time, memories and forgotten worlds, we once communicated through a caravan of words, but now simply rush upon a computer key or a smartphone app.

We thus come to the ending chorus, the finale, the drumbeat of closure:  True communication can only occur through a series of burdensome approaches in transporting language into an effective word picture, utilizing both the imagination of artistry and the deliberations of scientific precision.

This should be kept in mind when a Federal or Postal employee who is preparing the Statement of Disability on SF 3112A, that the narrative to be told in response to questions asked, should encompass all of the elements discussed:  unrestrained by the questions themselves, yet precise in formulating the argument; conveyed not by mere convenience of transport, but carefully packed upon the backs of reliable caravans.

Words mean something, and when the Federal employee or U.S. Postal worker sits down to prepare an effective Statement of Disability on Standard Form 3112A in order to formulate a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, it is important to engage in the artistic precision of a caravan of words, lest the means for conveyance of one’s narrative be delayed by an obstacle of technological obfuscation.

Sincerely,

Robert R. McGill, Esquire