Federal Disability Retirement under FERS: Form and matter

Have you ever reflected upon the word, “matter”?  Such an interesting and compelling unit of our language — as in the question asked, “What is the matter?”  By contrast, how about the question, “What matters in this world?” and in a different form, “What matter makes up the universe?”

“Matter” refers to substance, whether used in the manner referring to a circumstance or event, or in inquiring about the foundational essence of that which makes up the “something” in our world.  Form, as Plato tried to explain, is the distinguishing feature that “molds” matter into various distinctions, without which all of the universe would be inseparable into a singular being — and thus the conceptual paradigm of a “oneness” of being originating, as in the first lines of the Old Testament, and out of that the omnipotent Being created the world by “forming” this matter or that matter into individual units of beings.

Matter is thus the “stuff” that things are made from; Form, the appearance that makes X distinguishable from Y; and thus does Being turn into individual beings because of the distinctive forms each take on.  But when we ask those other questions — i.e., “What is the matter?” or “Why does it matter?” — we are asking about relevance, substance, the “stuff” that makes up the event or the circumstances, and not the form or appearance; in other words, we want to get to the meat of an issue.

In that sense, the two meanings of the same word are intended in a similar manner: both for the substantive element that makes up the thing we seek.

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 one’s Federal job, filing for Federal Disability Retirement benefits under FERS may become a necessity.

In the process of seeking information about OPM Disability Retirement, both issues will be sought — though you may not realize it in this way — of both “form” and “matter”.  That which distinguishes your case from all others; the “meat” and substance of what must be included in your Federal Disability Retirement application, especially in the medical reports, the Applicant’s Statement of Disability, and the unique features that “make up” your case that have to be “formed” in order to present it to the U.S. Office of Personnel Management.

Form and matter make up everything in the universe, and it matters how you formulate a Federal Disability Retirement application because matter unformed is merely a lump of nothingness that will result in nothing further unless you form it properly.

Sincerely,

Robert R. McGill, Esquire

 

Filing for Federal Disability Retirement Benefits: Remakes

Some hate them and vow never to view or accept them in any way, being purists at heart and unable to fathom any possibility that improvement can be had upon an old classic; others — the opposite side of the coin — welcome anything new and will relish all updated versions where the old can be replaced by the new.  Still others remain in a somewhat “neutral” frame of mind: Acceptance in the form of saying to one’s self, “Well, any remake is merely a new and different movie; you can’t compare the two because they are different interpretations by different people.”  Or, perhaps a more moderated tonality: “Let’s just give it a chance.”

Can Jeff Bridges be any better than John Wayne as U.S. Marshal Rooster Cogburn?  Can any modern adaptation recapture the magic in Twin Peaks or improve upon its avant-garde approach?  Can there be a “better” Charlie than Diane Keaton in John le Carre’s The Little Drummer Girl — depicting the emotional turmoil of the Middle East conflict through the instability and confusion of a single person?

Modernity thinks that all previous generations have been lacking in something; perhaps it is just arrogance to think that a “remake” can be better than the original, or is it merely a lack of creativity because the “now” is unable to come up with its own original ideas, and therefore must rely upon that which has already been done once — or twice, or three times before — with an effort to “improve” upon it?

To some extent, it is an inevitability of life’s misgivings, and so we all have to “remake” ourselves at some point in our lives.

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 one’s Federal or Postal job, the “remake” that must face is the one that is in real life: Medical conditions force one to remake one’s career, life choices and future plans.

Filing for Federal Disability Retirement benefits may not have been a “scene” in one’s life that was planned, but it has now become a necessity.  The movie reel within one’s life — the viewing of one’s future; how one sees one’s self; the “takes” that one shot of a career and a future — is forced to be remade when a medical condition hits one’s life.

Whether one wanted to or not, preparing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management becomes a necessity when a 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 job.  It is like “remaking” one’s life.

Just remember, however, that like all remakes, it is important to have a good “director”, and seeking the counsel of a Federal Disability Retirement Attorney who specializes in Federal Disability Retirement Law is an important feature of the upcoming film adaptation and remake of the truest of moves: One’s Own Life.

Sincerely,

Robert R. McGill, Esquire

 

FERS Retirement for Mental or Physical Incapacity: When once…

When once the dream was left unfulfilled, and yet the future appeared so boundless and promising; when once the time spent was so precious as to bring memories and tears of joy for the privilege to live; when once the rains came but not to dampen the sorrows of yesteryear, but to wash away the scars of today’s longing; and when once, there was a time forever bottled so that tomorrow would be remembered as a mere passing thought, and the day after a haven for memories yet to be forgotten.

When, once, we took for granted that which we never think about, reflect upon, and youth’s folly continued for a day and a dawn only to be wistfully forgotten when once the call from Mom’s flustered voice shouted at us to come in for dinner, when the crickets were still singing their mournful melodies in the quiet of evening’s end.

Looking back can hold one back, especially if the remorse of what once was makes you pause in a day when even an hour cannot be spent whittling away the time that cannot be recaptured.  There is time enough for remorse and regret; time yet to remember and recall with nostalgic warmth for days of yore; but as the world turns in the “here” and “now”, the daily grind of duty’s call and obligations which cannot be avoided, must first be attended to.

“When, once…” is to be set aside until the last breath when the drifting dreams of yesteryear’s pausing regret begins to foreshadow today’s memories of a bygone time.

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, time remains of the essence, and while sickness and deteriorating health may freeze one into desiring a time of remembrance back, “when once…” — it is not the right time, yet.

This is still the time to fight on; it is the moment to preserve and protect; and while a Federal Agency or a Postal Facility may have dampened your spirits or attempted to make you into a downtrodden employee whose best years are behind you; nevertheless, it is time to assert your rights and carry on the good fight.  Preparing, formulating and filing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether you as a Federal or Postal employee are under FERS, CSRS or CSRS Offset, is a good part of that fight to preserve and protect your rights.

Why should you fight for them?  Because, when that time comes when you say to friends or family that, “When, once…” — the “filler” should be: “When, once…they tried to deny me, I fought and won.”

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

 

Postal & Federal Employee Disability Retirement: Of venal and venial injustice

That a single vowel can radically alter the meaning of a word is not surprising; rather, it is the simplicity of the reduction – from one constituting an onerous sense of the corrupt, to a mere insignificance of action – that demarcates the chasm of definitional differences between the two.  Both are adjectives; but of the former,  often associated with corruption involving bribery and characterized by a mercenary motive, while the latter is of a pardonable offense, minor on a scale of wrongdoings, and merely bordering on the barely noticeable spectrum of sins acknowledged – it is the difference of the singular vowel – the “i” which constitutes the reflection back upon the personal “I” who acts upon the violation that determines whether the offense is minor or major, that divides the two.

The originating context of a venal act almost always involved corruption relating to an exchange of consideration – and, for whatever reason, it was that underlying motive of engaging in an act of illegality for the sake of money, that exhibited a greater evil by the participant.  Perhaps such an origin of retreating repulsiveness is Biblical – of that treachery committed in exchange for the thirty pieces of silver.  Translated into English, the personal pronoun inserted in lower caps in the middle of the word, stuck between two consonants, evinces a guilty conscience inflamed deep within the troubled recesses of a soul’s agony.  And what of the noun which the adjective modifies – does it add, amend, enhance or otherwise alter?

Injustice is a malleable concept.  Words were once confined by strict adherence to meanings; no more, as society has allowed for the gymnasts of linguistic pole-vaulting to tinker unabatedly.  As the negation of the root term “justice”, it has become recognized as any feeling of unfairness encountered, as opposed to the more concrete embodiment of society’s clear mandate in a process of upholding a morally superior stance, confirmed by age-old rules and procedures, inviolate as reflected in the symbolism of a blindfolded lady impervious to the winds of bias, prejudice or venal means.

For the Federal employee or the U.S. Postal Service worker who is daily being bombarded with harassing conduct by the agency or the U.S. Postal Service, both forms of injustices are encountered:  Venal injustice, at the hands of an agency which may be plotting to dismiss and terminate; and venial injustice, at the daily toil of enduring slights and demeaning whispers by coworkers, supervisors and others unnamed.

Medical conditions occur through no fault of the Federal or Postal worker suffering from them; yet, Federal agencies and U.S. Postal Service employees treat such Federal and Postal workers as mere fodder for committing injustices otherwise unaccounted for.  Perhaps there is a heaven where ultimate justice prevails and where venal sins and venial acts are sifted between to determine who is issued a valid passport for migration through those pearly gates; but, until then, there is the option of filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, and where obtaining an approval from the U.S. Office of Personnel Management is neither a venal act, nor a mere venial outcome, but an injustice turned around for the Federal or Postal worker who cannot otherwise perform all of the essential elements of one’s Federal or Postal job.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Service: Life’s burdens

In chaos, where does one find refuge?  One suspects that for children of modernity, the escape into the virtual world of computer games, Internet conversations, constant checking and updating of profiles, and the entire gambit of projects unrelated to the reality surrounding, is that very reservation of constancy which is needed by all.

Life has burdens; parents have an obligation and duty to contain and protect throughout those crucial periods of growth; but what happens when parents have never known the stability of life’s promise and become parents even before being ready themselves?   Do they, as well, have the leisure of becoming lost and transfixed upon the unreality of a virtual universe?  It would seem so, just by mere observation of local lore, of walking down any street in the country and seeing seemingly mature individuals transparently ensconced in a trance beheld by a mobile device.

Life has real burdens; upon birth, there was never an accompanying set of detailed instructions as to how to “deal” with them; and, in the end, it is questionable as to whether any generational transfer of wisdom could be imparted within a society where independence is encouraged and separateness of lives is demanded.  In a society where age determines adulthood, where division defines maturity and fissures constitutes the unassailable stamp of approval in becoming independent and partitioned; neighborhoods are merely so defined because of their antiseptic aggregation of nearness by cluster, and not because anyone is expected to actually interact with one another.

No, there is no such thing as sharing the burden, or lessening the load which one encounters in the course of living a life.  It is, indeed, an absurdity – and Sartre’s play, No Exit, reflects upon that issue, as we are born without asking, live without a means of filing an appeal, and die with souls extinguished without value or worth of knowing.  Knowing what?  Of that certainty of teleological embracing as in foregone eras, when faith, trust and a sense of belonging defined a life.

One may scoff and say that all of that is mere tripe; that there never was a time before when society breathed as an organic unit and life lifted burdens within the constancy of sustained relationships.  Even the old places are now being destroyed, and one sees the devastation of sectarian wars and ravages of inherited hatreds in countries where wealth and technology has not quite arrived, but where family units were still fairly intact.

For the Federal employee or U.S. Postal worker, life’s burdens become exponentially magnified when a medical condition begins to impact one’s ability and capacity to perform the essential elements of one’s job.  When that situation arrives, it further alienates and separates, especially in a society which trumpets the virtues of independence, when in fact it merely identifies the loneliness.

Preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, is one avenue to undertake, especially when it becomes clear that neither the Federal Agency nor the U.S. Postal Service is going to do what communities and neighborhoods of yore once did – of caring by providing an “accommodation” for one’s medical condition.

For, in the end, just as there was never a set of instructions accompanying a newborn’s life, so there is very little information “out there” for the Federal or Postal employee whose career may come to an end because of a medical condition, except for specialized areas of legal help which serves to lift some of life’s burdens in the process of preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire