Attorney Representation Federal Disability Retirement: Stress tolerance

More and more, the psychology of human endurance is being studied, evaluated, assessed and judged upon; but in the end, the complexity of the psyche may never be fully known, and even of that knowledge which we think we know, we may be completely in error about.

We perform “stress tests” upon metal beams and overpass bridges in order to determine their viability and structural integrity; and through various engineering tools, we are able to determine whether or not a certain limit of tonnage or pressurized capability to withstand extreme changes in temperature can be “tolerated” before serious damage is done, or modifications, reinforcement or complete replacement becomes necessary.

Why are we unable to gauge the capacity of the human psyche, as well?  What is it about the complexity and endurance levels of the human mind that refuses to provide an objective capability of acceptable levels of stress?  Is it because it will always be individualized, restricted by childhood, adulthood and other hooded experiences that refuse to explain the levels of tolerance otherwise able to be discerned in a beam of wood or a concrete structure?  What does it mean, anyway, to have a “high” stress tolerance level, as opposed to a “low” or “medium” one?  Is it like possessing a gemstone that you carry around in your pocket?  And does it depend upon the “kind” of stress being experienced, or can it all be lumped into one?

Money and debt problems; traumas imparted by the behavior of others; family and marriage difficulties; workplace hostilities and adversarial and contentious encounters; do these all constitute different “kinds” of stresses, and do different people react to them and “deal” with them in variegated ways?  Does it matter whether or not the source of the stress emanates from an outside origin that does not “personally” involve you – such as the danger-based stresses experienced by police officers and firefighters that encompass saving others or deescalating “situations”, but at the end of the day, does not pervade beyond the clock that ticks down to end one’s shiftwork?

And medical conditions – how much of an impact does the physical have with the psyche, and to what extent is the interaction likened to a vicious cycle, where a physical ailment influences the capacity of the psyche to tolerate stresses, and where the mental or emotional stress triggers a person’s physical condition?

Science and medicine have never been perfect disciplines, and it is doubtful if we will ever fully comprehend the complete picture of the impact of stresses in our lives.

For Federal employees and U.S. Postal workers who suffer from a medical condition, and have come to a point where that medical condition no longer allows the Federal or postal employee to perform all of the essential elements of one’s Federal or Postal job, the question often asked is whether or not “stress” is a viable element or basis for a Federal Disability Retirement application.

That query is a complex one, and can only be answered within the context of a medical diagnosis, the prevailing law, and the options left in the complicated process of preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, and consultation with an attorney who specializes in Federal Disability Retirement law is essential to enhance a successful outcome.

Like so many questions of any level of complexity, “stress” is a complicated issue that cannot easily be addressed without a thorough evaluation by an experienced attorney.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation Federal Disability Retirement: Quiet

Is “quiet” the same as silence?  Or, of lack of noise?  Is it a state of mind-body consonance, where the body can remain calm and unmoving, yet the mind remains racing with thoughts, and in that state of being, do we fool ourselves to think that the outer world will not impact the inner mind?  Or, in reverse order?

Quiet is that which we strive for, in a world where din is the normalcy of life.  Can medical conditions that betray that which we strive for be understood by those who do not experience it?

Consider Tinnitus – that condition where there is a constant “sound”, whether of ringing, hissing or clanging that disrupts any consistency of a person’s striving for quiet, and this, despite everyone else in the “objective” world being quite oblivious to the “hearing” of such sounds.  Or, of the person who is deaf or progressively losing one’s acoustic acuity – can the rest of the world understand such a state of reality?

We assume, as we operate throughout the world on a daily basis, that because others appear to act in similar ways, that their inner beings and states of minds are similarly situated.  To “think alike” is to remain comfortable; and to attain “quiet” is not just to avoid the constant rush of living, but to reach a plateau where life is consistent, predictable and somewhat boring.

For Federal employees and U.S. Postal workers who experience the disquietude of a medical condition, where a combination of multiple factors come to the fore: Of a medical condition that prevents one from performing one or more of the essential elements of one’s Federal or Postal positional duties; of “noises” from one’s agency, supervisors and managers of deficiencies in performance, attendance or quota goals; of being placed upon a Performance Improvement Plan (PIP); of receiving a “warning” memorandum concerning one’s use of leave, whether Sick, Annual or LWOP; of harassment even when one has invoked FMLA rights; or of the step just prior to the last one – a proposed termination, then a termination; it may be time to prepare, formulate and file an effective Federal Disability Retirement application, to be ultimately submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

“Quiet” is not just a state of how things are in one’s home; one can lose that goal of quiet by bringing home the stresses of work’s harassment and adversarial environment, and it doesn’t have to be an actual medical condition such as Tinnitus or progressive deafness – although those may also be a qualifying basis upon which to file a Federal Disability Retirement application – but multiple other medical conditions, as well, that result in the disquiet of robbing one’s quiet.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Keeping it together

Living in modernity is a complex juggling act that never ends.  Simplicity recollected in former times often harken towards an idealization that perhaps never existed, where toil, labor and survival were a coalescence of a person’s life, and meaning was never divorced from what one was engaged in, the acts of striving, the struggle to earn a living.

Modernity magnifies Marx’s observation that human discontent is a result of separating man’s labor from the self-esteem of accomplishment, where the factory worker sees merely a microcosm of monotony but never possesses the self-satisfaction of any meaningful end to the assembly-line of life.

Instead, today we are a fractured sort, running like the proverbial chicken with its head cut off (and we don’t even quite understand what that means, anymore, as no one lives on a farm to understand that when a predatory owl comes swooshing down and severs the upper portion of a cock-a-doodling bird, the feet continue to pedal forward even after the headless horseman is taken away), awakening, rushing, being dazed and in a trance to view the multiple screens of a Smartphone, the laptop, the desktop and being directed by electronic voices of commandeering vehicles, parking barometers and driverless vehicles to merely observe as bystanders in a world gone mad.

Credit crunch, debt overload, children brought into the world without direction or means, and droughts, famine and wars and rumors of wars beyond; it is a burden just to try keeping it together, these days.

Promises have been made for decades plus of technology granting a reprieve both in time, effort and human toil, and the time for leisure which the totalitarianism of oppressive modernization has detailed has somehow never come to fruition.  Work, and more work; overtime; the juggling of family time, work, filial commitments and more work; and we can “have it all”, or so they keep telling us.

Email was supposed to undercut the need for the snail’s pace of the Postal Service, but now we are bombarded with an exponential quantification of that which we used to open with a mail opener, inserting carefully into the edge of the fold and slicing gently so as not to spoil the contents within; and somehow that very act of ancient and tactile connection between the eye, the hands, the metal implement and the organic material of an unopened letter gave it a personal bond of sorts, even in a mechanized office setting.  Today, it is merely one more click of a computer button to open up the electronic mail.

“Keeping it all together” – is it possible, anymore?

Then, when you consider an unwanted intruder – a medical condition both unexpected and unforeseen – is it any wonder that things quickly fall apart.  For Federal employees and U.S. Postal workers who find it difficult to continue in one’s chosen Federal or Postal career, when the medical condition no longer allows the Federal or Postal employee to perform all of the essential elements of one’s Federal or Postal position, it may well be time to recognize that the fundamental basis of keeping it all together rests upon the ability to prepare, formulate and 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.

Sincerely,

Robert R. McGill, Esquire

 

Early Retirement for Disabled Federal Gov. Employees: Noted durations

Don’t you hate those “Apps” that reveal how much time you have taken to engage Activity-X or mindless-video-game-Y?

To engage in an aside for pure enjoyment’s sake is to get lost in the moment of leisure, to become engrossed and without a mind to time, problems of the world, circumstances of the present or the irrelevancy of one’s own station in life.  To read a book – perhaps of no great consequence, neither a “classic” nor a best seller of sorts; to push buttons in responding to a mindless video game; to have a silly electronic conversation with a spouse, a friend, a daughter or son aside from the seriousness of wisdom, guiding principles and life’s meaning couched in pointless meanderings without a compass of direction; and then we look down and realize that the cumulative duration expended has taken up a greater slice of our lives.

Now, that is irritating.  Yet, we cannot always and forever discipline ourselves to engage in the strict teleological essence of that which we are called to do or be.  Perhaps, in some former times when leisure was not yet an invented necessity, where finding basic necessities on a daily basis meant survival for that day or perishing in the pangs of growing hunger; or when our moments were occupied in service to a tyrant, a Lord or the King or Queen, whose very displeased nod could mean taking away one’s freedom and being banished into the dungeons of a rat-infested abyss where typhoid and other excrements of human dystopia ran rampaging through the horrors of a powerless populace; and of those times, people could with singular focus engage the toil of monotonous service without any mirth or joy but for a drunken state of euphoria here and there.

Do durations of time noted, in their aggregate, mean anything in the end?  If we have “wasted” such-and-such hours, or perhaps days and weeks that amount to a full year at the end of one’s life, does that mean that we have failed in our need to reach, to accomplish and complete the lifelong project of – what?  How many unmarked graves evidencing lives unrepentant for time wasted will be remembered for projects not completed?  We wait upon life, and life rewards by giving back silence.  We now have algorithms to show ourselves the extent of our wasted activities, and believe that we can improve ourselves by pointing out that which we stare at in wasting further time being anxious over noted durations that stand time still within the conscience of our own making.

For Federal employees and U.S. Postal workers who know the feeling of “waiting”, and have realized that noted durations mean that time has come to a standstill because of a chronic medical condition that simply will not go away, it may be time to prepare, formulate and file an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Time does, indeed, stand still, and noted durations serve to reveal to us that time wasted is time never recovered, and remaining in a constant state of fear because the medical condition has “angered” or otherwise irritated members of that “team” you once served in your former and healthy capacity, will never get “better” by staying put.  Noted durations are for those who want to remain in a perpetual state of inactivity, and for the Federal employee or U.S. Postal worker who needs to move onward to the next stage of life, such noted durations only serve to hold us back from throwing off the shackles of conventional and normative lives that whisper not the brightness of tomorrow’s future.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Disability Retirement Benefits: Fatal Regrets

There are those that allow for reflection, constructive application and corrective adjustments that remain as a positive goal to achieve.  Then, there are such acts that become entrenched, atrophy with time, and perform activities of futile repetition unresolved and unattainable.  Regrets are what we all carry about in the deep recesses of unstated and unresolved sub-consciousness; fatal regrets are those haunting clouds that follow without being seen, cling without capacity to decapitate, and progressively dominate because we are unable to let go.

The conceptual coupling cannot easily be bifurcated; regrets unresolved become fatal precisely because of their lack of resolution, and fatality is compelled by the very nature of past wrongs that touch consciences without forgiveness.  How many of us shuffle through life, with trepidation, fear and conscience blemished by malfeasance unresolved, and because of the paralysis overwhelmed by our own creation, we are never able to get beyond the folly of our own devices.

Fatal regrets are those old clothes, moth-eaten and smelling of mold from past lives, that clings to the odors that remain in the nostrils of unforgiving memories; or of that gnat, mosquito or other pest that irritates beyond mere discomfort, and pushes us over the edge to destroy joy, comfort and conscience of peaceful repose.  Opportunities present themselves, and we ignore them; warnings abound, and we become distracted; conditions ripen, and we deflect to defer.  Regrets are those hauntings that we often have no control over; fatal regrets are those remembrances that we knew we could have, but did not have the will to proceed.

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 key is to recognize and cleanly bifurcate those issues you have control over, from those that cannot be managed.  Medical condition are a reality; you may regret such events, but they are beyond your control.

If you do nothing about them, such regrets may become fatal; and for Federal employees and Postal workers who may need to prepare, formulate and file for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, you never want to allow for delay, procrastination or unnecessary extension by reason of paralysis, to leave yourself in the regrettable position of allowing non-action to get beyond a regret, to an irreversible state of a fatal regret.

Sincerely,

Robert R. McGill, Esquire