Tag Archives: federal employees termination for excessive absences for illnesses

OPM Disability Retirement under FERS: Flavor’s Envy

Modernity is typified by envy, although no one will admit it.  Envy is aroused when people discover that others possess and enjoy multiple flavors as opposed to the limited ones left for the common element.  Life’s flavors were once quite limited; you worked, ate, possessed a few items and hoped to marry, have children and live a somewhat rewarding life.

Today, with so many reality television shows displaying the extravagance of celebrities, the super-wealthy and those who own half of Hawaii and other exotic locations, flavor’s envy has become widespread.  The antonymic corollary to envy, of course, is discontent — which is likely more prevalent than envy itself.

Envy and discontent go hand in hand, which is precisely why it is never a good idea to go to high school reunions, or any reunions, for that matter.  For, flavor’s envy is always enhanced when one compares one’s past circumstances to the present and current status, and then with it the infringing thoughts of discontent prevail upon us: What could have been; the downtrodden sense of loss and envy.

Flavor’s envy has diffusely spread throughout every corner of society, and the dystopian narrative that many wealthy view as a coming reality — that there will be a world crisis and properties must be protected against the collapse of society — has resulted in private security firms being hired in anticipation of disasters foretold.

Society’s thread is thin and flimsy; it doesn’t take much for a flashpoint to ignite, these days, and flavor’s envy continues to spread in an invisible, microbial manner.  The great “equalizer”, if there is one, is that we are all mortal, and health becomes a reality check for everyone.  When one’s health becomes threatened, flavor’s envy becomes an irrelevancy because, without the former, the latter loses its meaning.

For Federal employees and U.S. Postal workers who suffer from an illness or disability such that the illness or disability prevents the Federal employee or Postal worker from performing one or more of the basic elements of one’s Federal or Postal job, flavor’s envy fails to have any essential meaning, precisely because the most important element of one’s life has become threatened: Health.

Contact a FERS Disability Attorney who specializes in FERS Disability Retirement Law and consider that Flavor’s Envy is merely a figment and chimera when compared to the importance of focusing upon one’s health.

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.

 

OPM Disability Retirement Benefits: Holding on Too Long

We all have that tendency; we live with the old rule & adage: “throwing good money after bad”; “to abandon is to admit failure”; “maybe tomorrow will be different than today”, etc.

Few of us are able to cut the string or the proverbial umbilical cord when time, circumstances and all indicators reveal to us the wisdom of doing so.  We hold on for too long; we don’t want to admit and face “the facts”; we want to believe that tomorrow is that ray of hope where yesterday was the shadow of darkness, but where darkness was a thing of the past.

Yes, there are rare instances in which stories of hope and rejuvenation profited the stubborn exception; but that is why there are such stories in the first place — they are the exceptions which defied the normal course of most circumstances.

For the Federal employee or U.S. Postal Service 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 job, holding on too long has more than a price to pay in terms of time wasted; it has to do with your health.

Holding on too long can continue to help deteriorate the health which you are attempting to preserve.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law and begin the process of “letting go” — an act of the will, and not merely the words of a Shakespearean fool who brings down the King and his kingdom with a crash of tragedy echoing beyond Lear’s empty ravings.

Sincerely,

Robert R. McGill, Lawyer

 

Medical Retirement for Federal Employees: Pure fun

Are we the only species who does that?  Do other species engage in the sheer pleasure of its purity, without regard to any instructional end or substantive gain resulting therefrom?

Of course, anthropomorphism often presides when issues of interpretive psychology is involved; and thus do we say when the lioness and her cubs are engaging in playful wrestling, that she is “teaching” them how to interact within acceptable boundaries; or when dogs race around with abandonment, that they are letting go their pent-up energy, etc.

Whether with purposive resolve or not, the purity of engaging in pleasurable activities is a necessary component of life; it is for those pleasurable moments, however few, far-between and of whatever nature, for which the remainder of human drudgery becomes worthwhile to endure.  The ratio between “work” and “pleasure” may be different for each individual — i.e., for some, it may be an acceptable threshold to maintain a balance between 80% work and 20% pleasure; or, perhaps, of 2% versus 98%, or thereabouts.

When the recipe bifurcating the two goes askew — where leisurely activities without seemingly purposive intent outweighs one over the other, we then begin to suspect and allege hedonism, wastefulness and wanton loss of self-worth.  Why is that?  Can one not have pure fun each and every day, for every waking moment, without being looked down upon with judgmental eyes of damning disdain?

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 Federal or Postal job, the question of a ratio between “work” and “pleasure” has already been resolved and answered: For, with a medical condition, there is no acceptable level of balance between the two.

Medical conditions by their very definition conflate and confuse the two; no longer is it possible to escape the vicious cycle of work-and-no-pleasure, precisely because the pain of the medical condition disrupts both.

When that threshold of balance between work and leisure becomes so out-of-whack that life’s pleasurable moments, however small and limited, can no longer be enjoyed, then it is time to prepare, formulate and file for Federal Disability Retirement benefits under FERS, so that the ratio between work and play can be regained to the extent that “pure fun” can attain its semblance of purity, and where “fun” can again be enjoyed without the interruption of life’s drudgery.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Putting it all together

It is the disparate and disconnected narrative that often remains deficient — just short of the finish line and like the runner who suddenly steps upon a pothole on the road to the ticker-tape parade, the discombobulation that ensues can throw the entire coordination off, where feet become entangled and the arms fail to swing in rhythmic motion.

Have you ever watched how some runners have perfect coordination — arms swinging in cadence, the effortless motion of the legs, like the “feel” of silk upon a windy day where nothing gets entangled and everything is in perfect synchronization of timeless beauty?  Or, what of a child who has just begun to walk, trying to run — are they not all legs and arms bundled into a web of discord?

Putting things “all together” is like the runner who must coordinate breathing, arms in motion, legs in cadence and eyesight in guiding — of a perfection reached in order to arrive at a destination point called “the finish line”.

For Federal employees and U.S. Postal workers who need to file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the key to a successful outcome is partly based upon coordinating all of the elements into a synchronized whole — of the medical records and reports; the Applicant’s Statement of Disability (as reflected on SF 3112A); of the legal arguments to be made and referenced, both as a shield (e.g., of preemptively countering any claim by the Federal Agency or the Postal Service that an “accommodation” has been provided) as well as a sword (e.g., asserting the Bruner Presumption where applicable, or the due consideration that must be given to VA Disability Ratings, etc.); and all of the other details besides.

Putting it all together” may seem like an effortless feat for an experienced runner, but for the Federal or Postal employee who is suffering from a medical condition, who must put a Federal Disability Retirement packet all together, some assistance from an experienced “runner” — an attorney who specializes in Federal Disability Retirement Law — might be in order.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: That wretched attachment to life

The theoretical construct proposed by Darwin has proven itself many times over, according to evolutionists, since his initial dawn of delineating the “origins” of our existence; the urge towards existence, of remaining, of “being” as an instinctive component that cannot be denied, has become merely an accepted and acceptable normative paradigm of modernity.

In many ways, the inherent attachment to life itself is the basis of a wretchedness that leads to self-destructive behavior; many of us hate ourselves and do things that hurt and harm – a mode of self-immolation and Western-style seppuku that results in self-medicating devices encapsulating the spectrum from overeating, alcoholism, multiple partners and spreading of diseases untold; or, on the other end of the extreme, of become vegetarian, vegan, health-fitness-exercise-cosmetic-surgery and everything else to stay young and vibrant.

That wretched attachment to life cannot be avoided; it is who we are and the essence of our very being.  Is there such a thing as an “unhealthy” attachment to life?  It is all well and good for Camus to write about the Myth of Sisyphus and the need to turn away from self-annihilation before being able to live an “authentic” life; he was handsome, a pretty good writer, and French (or, actually, Algerian) to boot, and his only competition was a near-blind ally who was close to incoherent in philosophical discourse (i.e., referring to Sartre, of course).

But back to the idea at hand – of that wretched attachment to life.  We see it in old people attached to mechanical apparatus to prolong it; of humanism and even religiosity that remains suspicious as to whether there is truly anything else in the great “beyond” after death; and so we cling to life at all costs.  What would be the alternative?  To live a quality-filled, balanced existence? We sometimes forget why we became what we are today, and become steeped too deeply in the troubles of everyday existence.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition becomes the focal point of existence itself, there is a double whammy: Of the chronic and often debilitating medical condition itself, as well as worrying about and contending against the daily harassment and adversarial threats initiated by the Federal agency or the Postal facility, and it often becomes so burdensome that one wonders as to that wretched attachment to life.

But always go back to basics, to the foundation of Darwinian essence: Life is, indeed precious, and sometimes it takes a different sort of step in order to regain the balance in life that is needed.  Filing for Federal Disability Retirement is merely that step in order to reorient one’s self for a future course of life.  It is a means to an end, where a Federal Disability Retirement allows for the Federal or Postal employee to separate and retire with an annuity, then to consider one’s future after attending first to the medical conditions one is suffering from.

In that sense, that wretched attachment to life is more akin to the Hindu concept of reincarnation, where obtaining a Federal Disability Retirement through OPM is like returning to this life in a different form, and becoming resurrected from the ashes of the metaphorical Phoenix to live another day.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: The Ballerina’s Pirouette

It is an awkward word to pronounce, and even more difficult to perform; but a full turn of the body on one’s toe or the ball of one’s foot, multiplied at dizzying speed while the world remains still or aghast with onlookers of disbelief, is but a day’s work for the stage performer.

Practice makes perfect, and the time, energy, pain and history of falls and mistakes preceding a single performance before an audience anticipating unsteady bouts of dizzying falls, where simple tasks of walking or standing are the only points of contextual reference and understanding, it is indeed an amazing feat of grace, balance, determination and pinnacle of human perfection.  It is a showcase of physical coordination:  the capacity to find the center of gravity upon a singular digit of extremity, and to twirl without falling from grace.

Human tragedies are like metaphors of such acts; for, as the world remains still, one’s own universe spins in a twist of timeless moment ensconced without empathy or consideration by others.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact one’s ability and capacity to perform the essential elements of one’s positional duties, the circumstance itself is likened to the act of a ballerina’s pirouette:  one’s own world is a twirl in time, while the greater objective universe remains impassive, dispassionate, unconcerned and mere observers of an inner sanctuary gone mad but from all appearances remaining the same.

It is difficult to convey in a persuasive or convincing manner such conceptual anomalies as “pain”, “depression”, “cognitive dysfunction”, “radiating pain“, “despondency”; words are not experiences, but they are the vehicle of transference for comprehension, understanding and relational convergence.  Watching the act of a pirouette is not the same as experiencing it; but finding the right words to describe it can come as close as possible for the necessary intersection of understanding.

For the Federal or Postal worker who needs to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, the ability to perform a pirouette is not a requirement, and it is not even mandatory that one can properly pronounce the word without a twisted tongue.

What is required, however, is to be able to convey effectively the spinning universe as experienced by one’s medical condition, such that the administrative specialist at the U.S. Office of Personnel Management can come as close to the experiential context of one’s deteriorating human condition as possible by a formulated convergence of concepts communicated via the greatest singular tool of Mankind:  the written word.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Avoidance

There are always activities and interests to pursue; that is the “stuff” of which life is comprised.  Heidegger referred to the multiple and endless projects as a means of distracting ourselves from the ultimate fate of our existence; but in truth, it is far less complex than that.  Keeping busy is a means of filling in the void of daily toil, and where activity tires the soul, thoughtfulness is replaced with silence.

Have you ever met a person who talks a mile-a-minute, and is seemingly always on the way out, never to have time to pause for breath?  It is as if the grim reaper of time and eternity is just behind, on his tail, about to determine the inestimable worth of a life pursuing the unfulfilled dreams of gnomes, children and elves who jump into hobbit-holes like the white rabbit which Alice followed into the hole of Wonderland.  It is, in the end, an avoidance of sorts, where one knows in the subconscious of harbored secrets that a time in the near future will come, and fall upon the waiting soul like a weight of gold.

For Federal employees and U.S. Postal workers who suffer in pain, or in psychiatric modes of inconceivable anguish, the need to file for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often delayed by deliberate avoidance.  And that is certainly understandable.

The direct confrontation with the problems of life and daily living is less preferable than the enduring activities which keep one’s soul busy with the flurry of thoughtless projects.  But as time tolls regardless of one’s efforts to procrastinate, so the politician who kicks the proverbial can down the chute of endless and moronic drones of discussion, focus-groups and formed committees for further study, is merely avoiding the inevitable.

It is first and foremost the entrance of the medical condition.  Then, slowly, the realization that it simply won’t go away, no matter how busy one is, and how unfair life has become.  Then, the progressive impact upon one’s physical and cognitive capacities ensues.  When the two roads converge, it is time to consider preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Avoidance of necessity may work for a fortnight, but the projects which make up life’s “stuff” can only fill the void for a season, if that.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Lawyer: Catharsis

Medically, it is the process of purgation; in experiential moments of truth and recognition, it is the causal impetus to sudden change or need of change.

For Federal employees and U.S. Postal workers who suffer from a medical condition, there comes a time when recognition of the linkage between the medical condition and the mandate for change conjoins to create a cathartic moment of realization.

We can fight against it; one can ignore, disregard, suppress or otherwise pretend; but whether one’s imagination and creative cognitive dismissal can continue a fantasy of make-believe, the objective world around us remains steadfast in reminding one that Kant’s bifurcation of the world we live in, like cocoons in a protective shell of discontent, cannot alter the reality of the noumenal reality beyond the cognitive constructs of our own making.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, is often the first step in recognizing the need for change; and waiting upon a true catharsis will often only result in the self-immolation of destructive purgation — for, by waiting for a crisis-point of that moment where change is necessary, the shock of coalescence where circumstances, the medical condition, and the sudden realization of the true state of affairs come to the fore, may be greater than was ever necessary.

Waiting by ignoring is never a wise decision; procrastination of the inevitable is merely an artificial extension of the coming moment of realization; and in the end, disregarding that which everyone else has implicitly recognized, will only allow for the fate of cathartic gods to send down that bolt of lightening when one least expects it.

Sincerely,

Robert R. McGill, Esquire