Federal Employee Disability Retirement: Die Trying

We hear about that — of people dying while in the process of trying to work.  We push ourselves daily because we have no choice but to bear the unbearable, as if the work we do is more important than life itself.  We give lip-service to so much pablum — that “life is sacred”; that we live in a “caring society”; that “in the end”, what matters are “relationships” and not material possessions, etc.

But do we believe it?  What constitutes and validates “believing” in something as opposed to not?  Is it to simply assert and declare without such words ever being tested, or can “belief” turn into “true belief” only after an action has followed a proposition?

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 his or her Federal Job, the question that must be raised is whether it is all 
“worth it”, isn’t it?

Whether continuing on towards that goal of “retirement” can be achieved; if it is worthwhile to die trying — or, is Federal Disability Retirement an option to consider?  Certainly, to “die trying” can be a noble effort, but only if the goal to achieve possesses some inherently noble characteristics.  At the end of that effort, what will be the reward?

OPM Disability Retirement is a benefit accorded to all Federal and Postal employees under FERS when it becomes clear that a medical condition is no longer compatible with continuation in the job, or any similar job.  Seek the counsel and advice of an experienced attorney who specializes in Federal Disability Retirement Law before forging ahead, lest you decide to ignore all of the symptoms of a declining health resulting in the tragic result where whispers and shaking heads would declare in a low voice, “Well, he died trying!”

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: The Garden of One’s Mind

The metaphor has been used often enough; whether it enhances or enlightens one’s knowledge of one’s self is of dubious prospects.  The physical, objective entity identified as a “garden” is simple enough in being defined: it must include some plants and soil; perhaps a few rocks or boulders to enhance the natural contours of the landscape; and a person who “tends” to the garden — i.e., a “gardener”.

Can there be wild gardens without a gardener?  In other words, can you walk through a forest and come upon a clearing where there are flowers and various plant lives, and declare, “Oh, what a beautiful garden!”?  Similarly, can a person who lives in an apartment who has a collection of potted plants have the “right” to say to someone, “You should come and admire my garden sometime.”?

Purists may object to the application of the term “garden” to either of those described scenes, but a looser definition is still widely accepted in this modern age where malleability of language is a given.  Then, of course, there is the “stretching” of language’s boundaries by applying the metaphor of a “Garden of one’s Mind”.

What can it mean?  It often refers to the state of one’s mind: Of whether one has allowed for too much neglect and has failed to “prune” the overgrowth or let the weeds overtake; of failing to replenish the soil or allowed by disease and decay to overshadow.

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 concept encapsulated in the metaphor of the garden is appropriate.

For, like the untended garden, the Federal or Postal employee who suffers from a medical condition must apply the same principles as the gardener who must begin to prune and replenish: decisions about the next steps, of what to cut out or whether one can leave things as they are; these are all contained in the metaphor within the Garden of One’s Mind, and it may be a first step to consult with an attorney who specializes in Federal Disability Retirement Law before making important decisions like career changes and leaving the Federal government.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Law: Greener pastures

We all engage that game of the “other” side of things, don’t we?  Greener pastures; the pristine lawn on the other side; the “why-is-it-that” game, as in, Why is it that the ‘other guy’ has a better life than I?  Is it merely because of the age-old problem that Plato pointed out – that appearances are deceptive?

The problem is that one will never truly know the circumstances of another unless one has an “insider” perspective on the matter.  The neighborhood that you drive through that always seems like a friendly conglomerate of families laughing, having picnics together, presenting with a coherence not known in your own neighborhood; or the “perfect family” that seems to always get along and shows such support and love for one another; do these entities of inviolable perfection really exist?  Likely, not.

That is why an interview with an “insider” always turns one’s ear and contains revelations of salacious details of internal discord, concealed disharmony and bitterness untold.  Thus do the halls of the Vatican scream with priests who committed unforgivably abusive acts towards children – yet, to the “outsider” for all of those years, the men in flowing robes appeared upstanding and caring; and what about the actor and actress with the perfect marriage – how many times have they appeared since on the cover of multiple tabloids once the crack of separation and divorce occurred?  But for the publicist who wanted to control the exposure, no one would be the wiser.

Greener pastures are always attractive nuisances; they attract precisely because they do not reflect the reality of one’s own situation, and they are nuisances because we know inside that it cannot possibly be real, but the appearance of perfection is oh-so salivating by invitation of concealment.

For Federal or Postal workers who suffer from a medical condition, such that the medical condition necessitates the filing of 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, the greener pasture may be a Federal Disability Retirement benefit.  However, before one goes down that road, the Federal or Postal employee contemplating such a move should get an “insider” perspective on the matter, and this is done by simply getting the facts.

Obtaining a Federal Disability Retirement annuity may not be the answer to every problem, but it can certainly resolve some of them.  The Federal Disability Retirement annuity itself will be a pay cut of sorts, but the focus upon one’s medical condition and its treatment, as opposed to continuing on in the turmoil of a hostile work environment, may be green enough to consider those “greener pastures”.

Whatever the appearance, it is obtaining the facts that is most important, and consulting with an experienced Federal Disability Retirement attorney is the first important step in getting an “insider’s viewpoint” on the matter.

Sincerely,

Robert R. McGill, Esquire

 

Postal and Federal Employee Medical Retirement: Preponderance of the Evidence

It is the legal standard by which civil (non-criminal) adjudications are based upon, and whether or not it can be rationally demarcated as against other standards – i.e., “Clear and convincing evidence” or “Proof beyond a reasonable doubt” is a question for legal theorists and the schools rendered under the general aegis of, “The Philosophy of Law” – is a valid question in and of itself.

For, we can dress prettily and puff up the definition of what it all means, and bifurcate and explain how the three standards are distinct and differentiated by the increasing severity of the criteria to be applied, but in the end, the juror who goes back into the room to consider the guilt or innocence, the fault or apportioned negligence, is entirely subjective.

For, is there a clear demarcation as to what “reasonable” is?  Can one delineate what is “clear” to one and “convincing” to another?  If a witness has perfect recall and a persuasive manner of telling a “story”, if one juror blurts out, “Oh, but his eye twitched and he was clearly lying through his teeth!” – what then?  And the concept that one side has a “preponderance of the evidence”, or to put it in different but equally confusing terms like “more likely than not” or “the greater weight of truth” – what do all of these analogies and metaphors mean, in the end?

Surely, there are the “easy” cases – an entire football stadium who saw a man shoot another, and the assailant who confesses to the murder; these, we can say are “beyond a reasonable doubt”, but even then, a single juror who has a beef against societal constrains can “nullify” a verdict by holding out.  So, what is the answer (or, for some who are still confused, “what is the question”)?

For Federal employees and U.S. Postal workers who are entering the legal arena of preparing 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, the expectation, of course, is that the OPM Medical Retirement application will be approved at the first or second stages of the process – i.e., at the Initial Stage of filing a Federal Disability Retirement application with OPM, or at the “Reconsideration Stage” of the process after an initial denial.

That being said, the Federal or Postal employee must – and should – consider the Third Stage of the Federal Disability Retirement process, which involves an Administrative Judge before the U.S. Merit Systems Protection Board.  That is when the legal standard of “Preponderance of the Evidence” will ultimately become relevant and operative, and where the evidence gathered and the amalgamation of arguments proffered becomes a basis for testing the validity of legal standards and the meaningful application of the law, evidence, and statutory interpretations.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Lack of time

It takes time in order to be “nice” and “considerate”.  We don’t have such a luxury, anymore.  We have been sold a bill of goods; that technology, Smart phones, computers, laptops, tablets; of the actual engagement in texting, emailing, and all of the multitudes of communicating by delight of button-pushing, will allow for man to pursue the creativity within, and to forego the toil of an otherwise working world. Then, we would reach the pinnacle of human ecstasy, of “time” enough to do that which we  were destined for.

And, yet…  Somehow, the promises made became empty vessels of contractual vacuity, and the social contracts so construed with ponderous delights, never reach a moment of fruition, and instead left us all with an emptiness of soul.

When a society begins to trumpet blares of social “rights”, and to utilize the political process and the courtrooms to assert the ability and capacity to force changes, then it is the step beyond moment of neighborly cohesiveness.  There have always been disputes within organizations, townships, blocks, etc., which have required mediation and third-party intervention; but, for the most part, the working order of a society depends upon common courtesy, decorum, and accepted conduits of conventional behavior governing personal conduct and public displays of geniality resulting in the glue which cements societal functionality.

But, that takes time.

It takes time to say “hello” and “good-day”; it takes time to know that The Stinsons down the way, or the Zachariahs or Abdullahs two houses away and four blocks to the left of the Smiths, respectively, have a child with pneumonia (as opposed to being fearful that such revelation of illness will be interpreted somehow as weakness of character), and the discourse of living should immediately invoke a response of care, concern and a grant of extended help.

But we don’t have time for all of that nonsense.

That mushy-gushy-goo of human relationships, where actual contact has to be engaged, and when picnics were once the commonality of congregation when children dressed in Sunday bests with butterfly nets in hand, flushed cheeks from the midday sun of dancing waves in the delight of a summer’s breeze, and neighbors actually stood face-to-face and reflected upon the concerns of others, and not faceless stoicism and the staid numbness within the cocoon of selfish wants and virtual realities of Pokemon and timeless pursuits of distractions unleashed but for the loss of connection with human contact, and thus of humanity itself.

But, that is because we lack the time.

For Federal employees and U.S. Postal workers who feel the loss of time and the lack of time, and where time seems to be “running out” like a spigot left unintentionally open and connected to a finite source of reserve – it may be “time” to prepare, formulate and file for OPM Disability Retirement benefits.

When the agency has no time for one’s medical condition; when the U.S. Postal Service cares not for one’s health; then, the only “time” which matters is that moment when health deteriorates and progressively debilitates, and then it is surely time to consider “moving on” and leaving those with such ties to the currency of time behind, in order to reach that pinnacle of timeless timing when an effective Federal Disability Retirement application may be submitted to the U.S. Office of Personnel Management, where lack of time is more akin to the timing of lack which certainly takes time to prepare, formulate and file in a timely timelessness.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Life as a frown

Is most of life a frown, with a few smiles which make it all worthwhile?  Or is it perceived as its opposite – of predominantly smiles, with some frowns interspersed throughout?  Is that like the test-question for psychological health, of whether the glass is seen as half empty, or half filled?  Does the answer to the question depend upon the mood of the moment, the ethereal pattern of the day, or the fabric of that which is woven into our DNA by a matrix of unassailable conventions?  There is, to be sure, a weight of paradigms and an interwoven context which cumulatively aggregates into a “personality” of who one is; but can a Rorschach test unravel the depths of a psyche, or does it determine the course of one’s future actions because of the embedded nature of an anguished soul?

One wonders, ultimately, whether language is the conduit of the perception we possess, and that is why the Hindu guru or the Zen monk admonishes to seek silence, and to quell the obstacle of words and voices.  For, does an animal engage in unspeakable atrocities?  Of self-harm or self-immolation, or worse, of mass executions?  Is it not because of the conveyance of language, in communicating thoughts created and linguistic strings of previously-unimagined evils, that we reach the pinnacle of banality (to borrow a phrase from the Philosopher, Hannah Arendt)?  Would a man of such mediocrity as Eichmann have concocted the horrors of mass extermination, but for felicities directed by a conspiracy of greater evils?

Life as a frown; it is to approach the world with a certain perspective.  Life as a smile; it is to reproach the universe for being too downtrodden.  Is there a difference, or merely a play upon words where the distinction is lost once we wipe away the blur from our morning eyes and begin to engage in the work of the day?

Leisure is needed for the miscreant to employ the folly of a wasted day.  Time was that we all had to survive by physical toil, and worry involved how to eat in order to survive.  That is what consumes all of the rest of the Animal Kingdom; to survive, one must eat; to eat, one must toil; and the rest and residue leaves one too exhausted to consider, but for the technology of leisure where thoughts may invade and pervade, in order to create malevolent constructs of linguistic artifices.

For the Federal or Postal employee who suffers from a medical condition, such that the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal positional duties, the “approach of life” is an easy matter to conceive of:  the medical condition itself has made the determination for you.  Life becomes a frown, with nary a smile to intercede, when the work of each day is beset with anguish, pain and sorrow.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, actually has a constructive goal and purpose:  To alter the course of a future yet undetermined, and make life as a basket of smiles, to the extent possible in this universe of frowns.

Sincerely,

Robert R. McGill, Esquire