Tag Archives: federal job refuse to accommodate medical condition

FERS Disability Retirement Law: Time and a Flower

No one can replace Jim Croce’s classic, Time in a Bottle.  The lyrics are so beautifully written:

If I could save time in a bottle
The first thing that I’d like to do
Is to save every day ’til eternity passes away
Just to spend them with you

It describes the conceptual complexity of so much — of time; of eternity; of love; of the imagery of a bottle adrift at sea; of a devotion to a special someone.  And of time and a flower — of the age-old adage that a flower represents a moment in time where a pause to reflect, a hesitation of a reminder, of beauty in nature which reminds us that this fast-paced world cannot abide in eternity without the momentary realization of transcendent aesthetics, of form and beauty which betrays our mortality, and of the need within every human being to be awed by an inviolable encounter with Being.

It is the simplicity of contrasts — of the complexity of time and the beauty of a flower.  When do we ever have time, anymore, to enjoy simplicity?

This is a complex world, full of strife and stresses.  The sad reality is that we have time only to smell the roses when we are forced to — as when a medical condition forces the Federal or Postal employee to slow down, to not take things for granted.

Federal Disability Retirement under the Federal Employees Retirement System (FERS) becomes the go-to option when time no longer allows for the Federal Gov. employee to consider the beauty of a flower.

Contact a FERS Attorney who specializes in Federal Disability Retirement Law, and consider Time and a Flower or, better yet, listen to the original — Time in a Bottle, by Jim Croce.

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 Retirement from OPM: Piling On

There is an unspoken ethos in sports and other disciplines — of being charged with “unsportsmanlike conduct” if you engage in the activity of “piling on”.

If a game has already been decided but you push forth anyway to go for the touchdown followed by a 2-point conversion, you are likely guilty of the offense.  If you have already made your point and the intended target has clearly been shown to be wrong, and yet you persist in hammering out every conceivable other criticism to lay upon the individual, you are likely “piling on”.

If, in defeating a proposal or pointing to the inadequacy of some submission, you go beyond the first 3 points of a critical rebuttal — all valid and determined to be correct — but then go on with a red marker and circle every comma missed or adjective overused, it is likely that you are committing the sin of it.

For Federal employees and U.S. Postal workers who file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management under FERS, a Denial from OPM will likely find the feature of “piling on”.

OPM is notorious for engaging in this activity; it is another way of saying, “Why did you even file?  You idiot!  You never stood a chance!”  Now, of course, OPM doesn’t put it in such an inartful manner; instead, it will be couched in lengthy “discussions” by large chunks of extrapolated statements from your medical file, and then concluding that you do not meet the “legal criteria” under Federal Disability Retirement Law.

Don’t be fooled.  It is no different than going for that 2-point conversion when the team is up by 50 points and there is only 4 seconds left on the clock.

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.

 

Federal Disability Retirement under FERS: Know Thyself

As to the familiar saying — of “knowing one’s self” — what can it possibly mean?  The saying, “Know thyself”, was inscribed on various temples in Ancient Egypt and was known to be one of the Delphic maxims.

Socrates, of course, taught a variation of the statement, contending that the “unexamined life is not worth living” — but the question which immediately comes to the fore is: At what point do we examine ourselves?  Is it a daily, continuous engagement?  Do we wait until we reach various stages of our lives before proposing such an examination?

For most of us, we don’t have the time or energy that Socrates had — of constantly stirring up trouble and pestering and peppering this person or that with questions that are meant to confound, confuse, irritate and provoke; and to examine one’s life is to constantly ask questions which we may know not the answers to.

Is it the questioning itself which is so important (one might posit that such an approach to life is precisely what Socrates himself believed)?  Were the questions posed by Socrates actually answerable, or were they just rhetorical flourishes meant to undermine the accepted, normative conclusions of the day?

To that extent — of questions without necessarily expecting any definitive answers — perhaps if Socrates were to appear in this age, he would be overjoyed with the way in which we live today: of therapy accepted as the modality of self-examination; of the explosion of “self-help” books and the payment-for-services of “life coaches” and “experts” on “living”.

Ultimately, “knowing thyself” is an endeavor that has no boundaries and cannot expect definitive answers, precisely because the “self” is an ever-expanding phenomena and “knowing” is never a static activity.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition is preventing the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the maxim of “Know Thyself” is an important element in making a decision concerning Federal Disability Retirement.

You must know what your job is; what your physical or mental capabilities are; and whether you can continue on in the job that you hold.  Further, it is the maxim itself which should lead you to consult with a Federal Disability Retirement Attorney, that is, a lawyer who specializes in preparing, formulating and filing an effective Federal Disability Retirement application; for, in the end, to know thyself is to gather knowledge from all sources in an effort to “know” and to clarify the boundaries of “thyself”.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Having something to say

There are people who speak volumes in voluminous volubility, but of thinness of content and lacking of much substance.  Then, there is that quiet person in the corner, perhaps distracted by someone’s glancing comment or lost in his own thoughts who, when asked about a topic of general interest to all in a group, articulates in a single sentence what others have attempted to encapsulate in a paragraph, a page, or perhaps a Dickensian novel.

Having something to say is the linguistic equivalent of wanting to be noticed, needing to be relevant and asking to be loved.  The capitalistic rule of supply-and-demand works within other and foreign contexts, as well — that when the supply of articulation exceeds the demand sought, the diminishment of value in words is proportional to the content of relevance.

Of course, the general truism which becomes reduced to an inane thought is that we “all have something to say” — that is to say, each one of us can make a contribution to the general pool of solutions, ideas, thoughts, etc.  But if everyone can be everything to everybody, then nothing comes from nothing where something is devalued because everything is nothing — in other words, the diminishment of value because supply exceeds so much of a lesser demand.

There are times, of course, when — whether we have something to say or not — it becomes necessary to express something; to express it well; and to express it with clarity and conciseness of thought.

For Federal employees and U.S. Postal workers who have come to a point where filing for Federal Disability Retirement has become a necessity, “Having something to say” becomes important because of the requirement of filing SF 3112A, Applicant’s Statement of Disability as part of the FERS Disability Retirement packet.  The questions posed on SF 3112A appear simple; but do not mistake “simple” for “simplicity” — for, within the content of the simple are a jumble of complexities that are interconnected with legal precedents and court rulings.

Language is a funny animal; it requires thought beyond the pool of language one is familiar with, and it is the unfamiliar which can become the cliff over which one can fall, and to prevent the calamities which one may not be aware of, it is best to consult with an attorney who specializes in Federal Disability Retirement Law to make sure that when you have something to say, it is posited with knowledge and legal counsel.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Claims: Of fortunes unattained

Here, of the story untold:

“He woke up and went into the bathroom, and there found an old man staring at him.  There was no voice that called; no utterance of a salutation so early in the morning.  The corrugated skin of this stranger was pulled back, revealing deep cuts in the rivulets of age where time had taken its toll.  His hair was unkempt; thinning and grey, with speckles of white reaching deep within the roots of timeless agony.

Where had time robbed this pathetic creature, where a lifetime was given as a gift in order to make his fortune, to find his love and to gather his friendships?

It seemed only yesterday that the toddler reached for his parents’ loving arms, and they who looked upon him with kindly affection and whispering, ‘There, there, you have a whole life ahead of you to dream your dreams and reach your goals’, and then the fading summers where life seemed but a dream where oceans divided and manhood arose from the depths of a sea that swallowed me whole.  And when the stranger in the bathroom finally spoke, it had the voice of one who stared back from a mirror that reflected the insanity of myself, old and lost, voicing a soliloquy of loneliness where once my children laughed within a wilderness of a future yet unseen.”

And so it is with many of us; time seems to creep ever so slowly during troubled waters of despair; and then, one morning, we wake up and decades have passed us by.  Did we do all that we wanted to do?  Did we find that love we yearned for?  Did we make that fortune we promised ourselves we would attain, remembering the poverty of our youth and the promises whispered in huddled caves beneath the conscience of our lonely hearts?

Of fortunes unattained, we can always justify by telling another tale: Life is too short to search only for abandoned treasures and, besides, what truly is a ‘fortune’?  Is love of lesser worth than gold in reserve, and does not friendship value greater than a penny saved?  And when compared with one’s health, is fortune amassed of any value if the former is sacrificed for the latter?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where 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, preparing, formulating and filing 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, is an important step towards reaching those goals yet reconsidered.

Of fortunes unattained — perhaps so; but when one’s health is at stake, all else must become secondary, and for the disabled Federal employee or injured Postal worker who can no longer continue in a career which is only exacerbating the deterioration of one’s health, those thoughts of fortunes unattained must by necessity be temporarily set aside and replaced by the wisdom of a more valued existence.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Invasion of the Body Snatchers

The 1956 version of the film (the only one worth watching) was in black & white, and created a sensation among French Existentialists for the greatest horror committed upon a human being:  to strip one of all human emotion, and transform the person into a robotic automaton of sorts.

Camus’ novel, The Stranger, reveals a similar theme through the titular character, Meursault, where the absurdity of life, the indifference of humanity, all serve to compel him to commit a murder without reason or rationale, in a universe without emotion — until the very end when, faced with the certainty of the guillotine, he responds with rage at a chaplain who wants him to atone for his sins.

Life itself can be the slow drip-drip-drip of stripping one of emotions, somewhat like spores which fall and turn into seed pods, and slowly attaches, drains, and diminishes the uniqueness of the individual; or like the greater absurdity of performing apparently meaningless tasks, where a sense of separateness and division occurs as a chasm between worth and work, as when Sisyphus rolls the boulder up the hill, only to see it slither back down the other side.

Medical conditions sometimes awaken us from the slumber of absurdity.  It is in and of itself an anomaly of sorts, to have to face the mortality and fragility of one’s life, thereby unraveling thoughts of worthiness in a world devoid of care, empathy or concern.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, for the Federal employee or the U.S. Postal worker, is a step taken to climb out of that chasm or void of dissipating meaningfulness.  For, when a medical condition begins to impact one’s capacity and ability to continue bringing meaning and purposefulness to a job, within a context of an agency which shows indifference and outright animosity, it is time to escape the alien pods and devise an escape route from the invasion of the body snatchers.

It is like Sartre’s quip that Hell “is other people” — of that moment when a person looks through a keyhole and views another as a mere object, then senses someone else behind, and realizes that you were being watched watching others as an object, only to be considered as an object as well.  Similarly, when a Federal agency or the U.S. Postal Service begins to treat the Federal or Postal employee as a fungible object of nominal worth, it is time to seek and monetize one’s worth at another location, another context, a different venue.

Medical conditions demean and diminish in multiple ways:  one’s own consciousness recognizes the devaluation of being “less than whole”; others begin to approach and treat with trepidation; and Federal agencies and the U.S. Postal Service fail to accommodate according to the laws already in place.

Filing for Federal Disability Retirement benefits through OPM, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is a means to an end.  The “means” requires an affirmative step by the Federal or Postal employee to traverse from the Federal agency or the U.S. Postal Service by beginning the preparation and formulation for filing of an OPM Disability Retirement application; the “exit” is the concerted effort to run afar from those spores from heaven, as the body snatchers who drain life and vitality through the keyhole of sanity where absurdity and meaning clash in a titanic battle for human worth.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Predictable Pantomimes

Most of life is simply lived.  One engages, works, plans, deliberates, initiates, completes chores, gets up in the morning, goes to bed at night, etc.  Little reflection or thought is required; much of it, like an automaton on a conveyor belt of cursory convenience, requires but mere human movement.

Perhaps in the mythological State of Nature, as described by Rousseau or Locke, the predatory environment creating a necessity of alertness just to survive, required greater cognitive involvement; or, as a corollary, an utopian condition of peace and tranquil coexistence with other forces of nature.  It is when one pauses for a brief moment, reflects, and has a sudden awareness of one’s self in the presence of others, that the very knowledge of acting within the confines and context of “doing”, becomes a consciousness of self-realization.

Self-awareness — that level of consciousness beyond mere recognition of one’s surroundings, but involving a direct acuteness of “being” but simultaneously “being in the world”, is what makes for human uniqueness.

Heidegger tried to describe it through linguistic mechanisms which turned out to be beyond the common realm of understanding or comprehension, and thus became relegated to the esoteric halls of academia.  Sartre and Camus attempted to capture it through fictional depictions, and indeed, it was more the texture of the novel, The Stranger, than the actual words, which came closest to successful conveyance of the experience of the absurd.

For the daily person, medical conditions tend to starkly bring out the reality of the experience.  Medical conditions suddenly reveal one’s vulnerability, and the fragile nature of one’s being.  Mortality becomes a reality beyond mere distance-reflection of some unknown future intent; it becomes the freshness of the now for a being within a body of decay.

For the Federal employee and the U.S. Postal worker who suddenly realizes that life, career, future and the boredom of constancy can be but a moment in time because of an impending medical condition which threatens one’s security and livelihood, 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, becomes a reality of immediacy, precisely because of the urgency of the medical condition upon one’s life and livelihood.

Suddenly, the priority of “being” presents itself.  What one did before the crisis of vulnerability was merely a predictable pantomime; the reality of life and the significance of relationships becomes the true being of living.

Filing for Federal Disability Retirement benefits may seem like a mere act of administrative convenience, but for many, it becomes the avenue of necessity in order to deal with the reality of illness, disability, and medical urgency.  And, as with all aspects of life and being, other predictable pantomimes will become apparent:  the agency’s hostile reaction; the looks of suspicion from others; unfriendly attitudes displayed by coworkers and supervisors; they are all merely actors on a larger stage, but yet to realize that “being” and “being-in-the-world” are one and the same, when tragedies befall and humanity acknowledges the fragile nature of life, like the soft petal from a dying flower which drifts soundlessly upon the earthen dust from which we were born, and to which we return.

Sincerely,

Robert R. McGill, Esquire