FERS Disability Retirement: The Dream Fading

The two primary meanings of such a concept: Of awakening, and there is a mist of sleepiness and a vague memory of dreams dreamt; but if one fails to pause for a moment to capture the dream, to think about it, cuddle with it, hug and embrace it; and instead, we often say to ourselves, “Oh, let me remember it later” and go on with our morning chores, only to never regain the dream fading.

It is like the elusive elf or fairy; unless we take the time to seek them within the deeper forest, they disappear, never to return.

Then, of the second meaning: Of our hopes and dreams; of a world slowly descending into madness, and with it, the dream fading.

Sometimes, some things are best ill-defined; for, to define something is to forever capture it and contain it, restrict it.  That is why many “primitive” cultures refused to have their photographs taken; for, to have a picture taken is to have your image captured and imprisoned; and worse yet, to then have the photograph later “framed” is to have the imprisonment further boxed into a restraining enclosure of permanency inescapably determined, as fate without hope of options.

And so, when we talk about a person’s or a society’s “dreams”, it is best to leave it undefined so as to give it room for the imagination.

Do all peoples, civilizations, societies and communities have “dreams”?  Do all parents everywhere and all across the spectrum have “dreams” for their children?

In both and either conceptual constructs, the key is to embrace it upon awakening — before it fades, before it becomes imprisoned into the nether world of forgetfulness.  The Dream fading — before it does, grasp it, embrace it, hold it tight.

For Federal employees and U.S. Postal Service workers all across the world who once had dreams of an extended and successful career with the Federal Government, it may seem like a dream fading when your medical conditions impact you and prevent you from continuing in your career.  Yet, always remember that there will be another night of dreams and other opportunities for dreaming.

FERS Disability Retirement is not an end in and of itself, but rather, a “beginning” of sorts — of allowing you to regroup and to dream beyond your present career.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law, and let not last night’s dream be the one you forgot, or tonight’s dream you failed to remember; rather, let tomorrow’s dream be the one which establishes a greater future for another day.

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 Employees Medical Retirement from the OPM: In a Vacuum

We often try and look at a thing “in a vacuum” — meaning, by viewing it without relation to other things, we believe that we can approach the viewpoint in a more “objective” manner.  But objectivity itself takes on many forms, and often objects, words, concepts, etc., possess their meaning and identity precisely because of the relationships established, and when you strip away the nexus between A and B, the loss of meaningfulness is profound.

Such is the case with Federal Disability Retirement Law.  While Social Security requires a higher standard of “total disability”, and thus will view a medical condition within categories of differentiated severities, a medical condition in a Federal Disability Retirement case cannot be viewed in a vacuum but, rather, in relationship with the type of duties the Federal or Postal worker must perform.

When a Federal Disability Retirement application is being reviewed by the U.S. Office of Personnel Management, they will often try and argue the case in a vacuum — for, that is to their advantage, in order to deny a claim.  But it is the job of the attorney representing a Federal or Postal worker to point out the statutes and case-law, and to always bring OPM back to the reality of their legal obligations — that a medical condition can never be viewed in a vacuum, but only in its relationship to the positional requirements of the job.

Contact an OPM Attorney who specializes in Federal Disability Retirement Law, and don’t look at your situation in a vacuum — but always in relationship to the laws which protect you.

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.

 

Early Medical Retirement under FERS: Acceptability

At what point does it NOT become so?  Whether in marriage; in a job or career (is there such a distinction, these days?); or of life in general.  Is it the point where stress meets up with one’s desire and hope for a pictured future?  Does acceptability vary — is it different depending upon social class, background, level of education or even of cultural heritage?  Or, as with so many things — is knowledge or ignorance (the corollary between the two) what determines acceptability?

In other words, if a person has only known a certain X-standard of living, and has never been exposed to Y-standard of conditions, is it the lack of knowledge which accounts for acceptability of living conditions, or can we be content despite possessing such knowledge?

Unrest in modernity around the universe is often attributed by sociologists as indicated by the level of the shrinking globe — that, through the Internet, people everywhere are aware of everything, including the unacceptability of their own circumstances, and thus resulting in a universal sense of unease and unrest.

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 positional duties, the level of acceptability is often when the juncture between pain and illness, and the tolerance for such where “living life” is barely bearable, meet and collide.

Consider filing for Federal Disability Retirement benefits under FERS, and consult with an OPM Attorney who specializes in Federal Disability Retirement, less acceptability turns into a morose sense of despair where even the weekends are barely tolerable.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement from the OPM: Who we are

The “I”, of course, always dominates; but the two cannot be separated, for they are inevitably interlinked and intertwined in the consciousness of our collective selves.  And so the “we” is subsumed by the “I”, and the “I” cannot effectively be distinguished from the “we”.  Who we are is inextricably aggregated with who I am; who I am is a product of who we are.

That is why the loner is distrusted in society; the maverick who does things his or her own way is a threat — unless that loner accomplishes something in life so irrefutably magnificent that we cannot but embrace him or her as the paradigm of a virtue we wished we had first thought of.  Whether by burning jealousy or with disdainful pride, we then go on and watch to see if that loner will not self-destruct, then relish the thought that, all along, we were right in predicting that the outlander was the scum of the earth, anyway.

Who we are — we want always to be able to distinguish ourselves from the pack, separate one’s self from the fold and glow in the spotlight away from the herd; and so we lose ourselves in the soliloquy of our inner worlds where the universe of the self-conscious “I” can imagine of heights and pinnacles that others will never see.  That is why virtual reality is so infectious; why the perfection reflected in Instagram photos and Facebook postings is so insidious; for, though we give lip-service to the proverbial “village” or wanting to belong to a certain cohesive society, we reservedly display all of the characteristics of desiring out.

It is, in the end, the “forced out” that is most intolerable, and 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, it is when harassment by the herd, antagonism originating from one’s Agency or the Postal unit, and workplace hostility initiated by one’s coworkers and supervisors — it is then that the necessity arises to bifurcate and differentiate by preparing, formulating and filing for FERS Disability Retirement benefits through the U.S. Office of Personnel Management.

For, it is no longer a matter of “who we are” — because you are no longer one of the “team” because of your medical condition.  Instead, it is who “I” am — to look after your own best interests, by preparing, formulating and filing an effective Federal Disability Retirement application, and consulting with an Attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The Art of the Story

There is the subject itself, and then there is the art of the subject thus identified.  At some point in every civilization, the academic study of a subject becomes pedantically necessary, and a “cottage” industry developed.

Once upon a time, the “story” was an important and inseparable component of a culture; the storyteller was the keeper of the village’s identity, the protector of its essence where mythology and folklore provided meaning, relevance and its self-knowledge of who one was, where one came from, and what the whole purpose of existence meant.  Without The Story, people wandered off despondent, lost, and without a teleological force to hold the unit of peoples together within a coherent whole.

Then, writing came along and as the technological tools of the craft disseminated to other and wider cultural arenas, the shared ideas and adventures of each culture became better known, and assimilated by each over and within others.  The “Art” of the story became the study of it — of what constituted an effective story; what made people laugh, cry, and the erudite articles that explained that which was once obvious and self-evident.  Categorization and specialization soon follows; whether as it becomes more sophisticated or intellectually advanced as a reflection of it, or merely because complexity follows upon a self-satisfaction of what we deem as “progress”, who will ever know?

The “Art” of the story somehow came into being — of the study of a once human need began around a campfire where a village told of its origins, now relegated to the halls of academic “science” where dissection, analysis and discussions ensue.

For Federal employees and U.S. Postal workers who have a “story” about a medical condition that is beginning to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the Art of the Story becomes a necessary form of application, because SF 3112A —Applicant’s Statement of Disability — requires not only the telling of one’s story about the medical condition, the impact upon one’s ability and capacity to perform one’s job duties, and how it has dominated all aspects of one’s professional and personal life, but beyond: it must comply with and meet the legal eligibility criteria by a preponderance of the evidence, thus forcing the Federal and Postal employee to go beyond the story itself, and to be fully aware that the Art of the Story has more to do with the proper and effective presentation of it, than the story itself.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Weekend Survival

The segmentation of time may be artificial; the rhythms of life, are not.  The 7-day week, 30-day month (give or take a couple here and there) and the 12-month cycle constitute human constructs that impose a rigid system of divisions based upon productivity, leisure, an admixture of both (isn’t it universal that Saturdays are spent in doing chores otherwise unattended to during the week, and Sunday is that respite and escape in total destitution of depleted dreariness?) and then a reset button pushed and the beginning of the cycle all over again.

Yet, while the system itself is based upon a conceptually artificial construct, the rhythmic underpinning of nature that glides above and beneath on a daily, quiet but consistent basis remains unperturbed.

That is why Daylight Savings Time makes grouches of us all — it is another artificial construct that jolts everyone from the natural rhythms of monotonous apathy twice a year, and breaks up that flow of biodynamic symbiosis between the planetary rotations, the daily sunrise and sunset, and the body’s reaction to a natural order within the constructs of an unnatural way of living.  The only compensation we feel grateful for is that extra hour of sleep that we are “given” in the Fall — only to have it stripped mercilessly and robbed from us in the Spring.

Thank God for the weekend — those two days of respite and leisure; of restorative rest and a quietude away from the mad dash of work and productivity; and we believe that we owe to the gods our lives and sacrifice our health for those pittance of days that are given to us.  But what are those 2 days worth?

Half of one is given up to do those things that we had no time to do during the five days of labor; the other half, spent in frozen immobility in front of a screen that blasts frightful images both from news of the “real” world as well as stories that are supposedly “entertaining”.  Then, with the one day remaining, we try and compensate for the exhaustion from the previous 5+1, only to wake up the following morning to engage the rush of the work-week that suffers and harms.

For Federal employees and Postal workers who suffer from a medical condition, such that the medical condition becomes a trial of survival during the week in order to make it to the weekend just to survive, it is worse because — not only is the “natural” rhythm interrupted by the medical condition itself — days, weeks and months all meld and melt into a singular whole of survival and consternation of life’s trials.

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, may be the only option remaining in order to re-order the rhythm lost in the daily struggle to reach that weekend survival where the cycle of life’s natural rhythm has been shattered by the trauma of a chronic medical condition.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Disability Retirement: Judgment

How does it develop?  Does youth necessarily, by definition, undermine the existence of it, and if so, why does such a “rule” become obviated by the old fool who rests his arms (and other elements of the anatomy) upon the shoulders of one who could be one’s grandchild, only not by birth?

Is life not linear, but circular, and thus do we all revert back to childish ways when old age and decrepit bodies reveal the sanctity of our fragile mortality?  When Darwinism prevailed upon the civilization of discontent, did we not recognize that ultimate reductionism to pure materialism would trickle down into a singular desire to discover the fountain of youth?

It is involved in both the process as well as the conclusion; to have good judgment is to necessarily engage in a careful weighing of all information, consider opinions and analyze relevant data, dividing significance from irrelevancies.  To make a judgment, or arrive at one, does not necessarily involve the former; one can have good judgment, yet make a bad one; but, then, retrospective evaluations would define the latter in light of the former, and vice versa.  How can quality of judgment mature without direct and consequential experience?

If a young driver, on the first day after obtaining a license, comes upon a primary roadway accessible from a side road, where cars are traveling at the maximum speed limit in both directions, including trucks and commuters rushing to meet deadlines and timelines; where, the new driver must traverse across one lane in order to make a left turn – what experience does he have to judge distance, timing, suppression of fear and capacity for quickness of movement?

Or, in either love or war, what is the foundation in which to act, or recognize the difference between hormonal ravages and meeting the lifeline of a soul mate destined for longevity; and in the trenches of the latter, to fire at the moving target that may not be a threat, but a child needing to rush to the facilities in the far-off village where rumors of enemies lurk?

What constitutes the finality of conclusions as to who possesses “good” judgment, as opposed to “bad”?  Wisdom, experience, analytical capacity and evaluative abilities – which came first, the chicken or the egg?

For Federal employees and U.S. Postal workers who need to make a judgment on one’s career, future, and decisions about timing, filing for Federal Disability Retirement benefits is an area where judgment becomes crucial.  There are many legal pitfalls and obstacles throughout the administrative process, and the U.S. Office of Personnel Management is a behemoth of an agency that can try one’s patience and defeat one’s purposive goals.

Lack of judgment is no crime, and not even a sin; but where such lack leads one to blindly enter into the arena of land mines, failing to consider legal representation is tantamount to the young driver who, in frustration of waiting at the busy intersection, closes his eyes and puts his foot on the gas pedal, hoping for a foolish act to defy the gods of fate, when all that was needed was for judgment to seek the advice and counsel of one wiser from years and experience.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: The Balance of Body

Have you ever noticed that, if you attempt to compensate with one extremity over another, whether because of pain or temporary incapacitation in an attempt to alleviate and relieve the lesser limb, that the one in use becomes slowly debilitated as well?  The body is a balanced mechanism; it is designed to work in coordinated fashion, as a unit of entirety.  It may well be that if one component of that working aggregate requires temporary suspension, that another unit may, for a time, serve as the greater replacement by working “overtime”; but in the end, all workers are expected to return to full labor, lest the entire operation itself shuts down.

That is why pain and similar symptoms serve as a warning system for a greater condition.  People often think that compensating for a medical condition can be derived through persevering and ignoring; instead, what happens is that the other parts of the body begin to shut down and deteriorate.

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 positional duties in the Federal Sector, the attempt to overcompensate often leads to greater exacerbation, both in terms of the medical condition itself, as well as for the agency through bringing greater attention to one’s self.

It may be that a Federal or Postal worker may, for a time, get away with persevering and neglect of the warning systems; but in the end, the intricate and delicate balance of body, like the greater ecosystem of nature, will begin to reveal signs of wear and decay, and the time lost in taking the necessary steps will merely be unrecoverable segments of lapsed periods, where commas and pauses needed to be overcome in the preparation, formulation and filing of a Federal Disability Retirement with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Different Perspectives during the Federal Disability Retirement Process

Inform an individual that you suffer from Hansen’s Disease, and one might get a benign reaction, perhaps a blank stare. Convey to the same individual that you have contracted leprosy, and it is likely to evoke an expression of revulsion, and perhaps a discomfort bordering on flight.

What we say; how we say it; the social stigmas attached; and the cultural sensibilities and conditionings constraining how we become predisposed to act and react, are often determined by the perspectives which are brought to the fore.  Leprosy is the common term for Hansen’s Disease, but with it, an entire historical perspective replete with stigmas and tales and images of disfigured and contorted features and physical characteristics surround the former term, but rarely accompany the latter.

Whether and however termed, it remains one and the same. For an individual who suffers from a disability or handicap, society’s reaction similarly remains consistent and uncaring. And while laws and regulations may provide a semblance of minimally protective measures, it cannot prevent individual insensitivities from surfacing.

For Federal employees and Postal workers who need to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS or CSRS, the reaction of one’s agency or department is often tantamount to informing them of either contracting leprosy, or of Hansen’s Disease.

Normally, unless a compelling reason exists otherwise, such information should be limited, and restrictively revealed only when the necessity arises, precisely because of the type of reaction one can expect from the agency or the U.S. Postal Service.

Perspectives differ; differing perspectives may often surprise; but the one similarity abounding in human nature is not too different from the beastly perspective from whence we came; and that is of the herd instinct targeting the weakest and most vulnerable — in this case, the Federal and Postal employee who suffers from a medical condition, and who must consider filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire