Federal Disability Retirement Benefits: The Wilting Rose

There is nothing sadder than seeing a wilting rose: The natural beauty of it is waning, and you cannot stop its deterioration.

Much of life is sadness; and whether such sadness and difficulties arise because of own fault — of actions unwisely engaged or inaction leading to dire consequences — matters not.  The narrative of every culture ultimately comes back to the image of the wilting rose — Of a romance once promising and now waning; of an individual with potential who failed to rise to the expectations of others; of a once promising career now cut short by a medical condition.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows for continuation in one’s chosen career, preparing an effective Federal Disability Retirement application under FERS may be the antidote to the wilting rose.  For, while it may not stop the natural degeneration of cellular decay, it will at least offer hope for a future yet unknown.

Contact a Federal Disability Attorney who specializes in Federal Disability Retirement Law and begin the process of securing a lifetime annuity for your future as a FERS Federal or Postal employee.

Sincerely,

Robert R. McGill, Lawyer

 

Medical Retirement Benefits for US Government Employees: Divided, Denied

We have all heard the various phrases and mottos — of being united as opposed to divided; that a house divided cannot stand; and in infantry logistical terms, of dividing the enemy, then conquering, etc.

It is a tactical maneuver which is well-tested — of doing a spear-headed attack and cutting enemy forces into separate units, then beating them independently by outflanking the divisions; or of dividing by cutting off communications or supply lines and denying opposing forces those vital support systems, etc.

OPM uses the same tactic — of dividing, then denying.  Often, Federal and Postal employees suffer from multiple conditions, and it is the aggregate of the conditions which prevent a person from performing one or more of the essential elements of one’s Federal or Postal job.  But OPM will isolate and minimize each medical condition and say, “See, that condition in and of itself does not prevent you from performing your job.”

Such a tactic is similar to denying another well-worn quantity — where the whole is greater than the sum of its parts.  When a Federal or Postal worker must deal with multi-faceted health problems, don’t fall into the trap that OPM tries to set — of accepting their denial by dividing each individual medical condition into separate and divided parts.

Contact a FERS Disability Lawyer who specializes in FERS Disability Retirement Law, and rebut an OPM denial which fails to understand the well-known truths of unity, aggregation and the greater whole.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Service: Tarnished lives

These days, are there any other kinds?  Do saints exist, or is it merely time which erases the stench attached, and as history is recorded and memorialized by sympathetic co-conspirators attempting to preserve the sanctity of reputations and disregarding the detritus of humanity, so once the sanctification by pontifical decree settles upon a figure previously considered human, and now an idealized version of an individual lost in the complex historicity of biographical omissions, the tarnished perspective of lives once lived has disappeared into the ethereal universe of a surreal reality.

All lives are tarnished; but the moment one makes such a statement, it becomes a meaningless declaration.  For, just as stating that X is “all-inclusive” necessarily negates its opposite, so to posit that Y is “pure nothingness” undermines the very essence of “something-ness”.  If everything is meaningless, then nothing can have less or more meaning than anything else, and thus do we end up with an anarchy of language.  So, to qualify: Yes, all lives are tarnished, but some lives more so than others, and others, less so than further others (somewhat like the declaration in Orwell’s Animal Farm, where “all animals are equal; but some animals are more equal than others.”).

And thus do we live this way, where the cynic believes that there are no saints, and the naïve minority of individuals who believe in such blather repeatedly invest in purchasing the Brooklyn Bridge as a sound retirement strategy next to Bernie Madoff’s pyramid scheme.  But of what do we judge a “tarnished” life, as opposed to one that is not?  Does a minor blemish amount to the same thing as a total spoilage of the whole?

That is where people have often misinterpreted the religious teachings of entrance into heaven, where purity through the sacrificed Lamb allowed for gaining a foothold into heaven, but where – from that – people argue, therefore, God doesn’t make a distinction between a minor infraction of sin and the carnage of murder or some other equally greater offense.  But surely there is a difference with a real distinction between that which requires purity in order to enter into heaven, as opposed to judging the difference between types of moral turpitude?

Yes, we all live tarnished lives, but some lives tarnished are of greater consequence than others.

For Federal employees and U.S. Postal workers who view the onset of a medical condition as a “tarnished” smear upon one’s career, and thus resist leaving until that smudge has been erased, good luck.  The reality is that a medical condition is not a reflection of any “fault” or “negative” judgment upon a person; instead, it is simply a reality of one’s mortality.  Some people never suffer from a serious medical condition; others, with more than a fair share; and most of us fall somewhere in between.

For the Federal or Postal employee who suffers from a medical condition such that Federal Disability Retirement must be considered, always remember that the need to seek an alternative remedy through a Federal Disability Retirement is never a reflection that deems that one now falls amongst the tarnished lives of greater misdeeds, but merely a reality in this mortal world of fallen souls, no different for this generation than for the centuries of such tarnished lives in unmarked graves of yore.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: The immovable individual

Aristotle’s unmoved mover is an interesting conceptual posit:  it is based upon the cohesive compromise between the Pre-Socratics as paradigmatic examples encapsulated by Parmenides and Heraclitus – of the universe as seen in a singular “oneness” as opposed to embroiled in constant flux and change.

The unmoved mover consolidates into a synergistic compromise the pendulum between the two extremes:  Here is the apex of perfection representing unchangeableness, surrounded by the universe of flux and constant metamorphosis striving towards that paradigm of perfection; and so the world of alteration and the oneness of the infinite are balanced in a yin-yang of a complete whole.

Within this universe of the immovable and inconstancy reflects the types of individuals roaming the world – of the indecisive and hollow man without a moral compass, to the principled and uncompromising stalwart whom some would characterize as narrow-minded and radical in holding extremist views unshaken by cultural alterations and daily vicissitudes of undermined normative paradigms.

But history portends of change, and it is the mounds of human detritus that combine to reveal that flux is the foundation of successful adaptation for survival in Nature, as well as in human society – of business models that must follow the trends of cultural metamorphosis, to the embracing of a changing society and structures of sociological tremors throughout.  Yes, having principles to abide by is important; but Man is neither perfect like the Unmoved Mover, nor touching upon the residue of angels and gods who pride in the near-perfection of heavenly bodies.

The immovable individual – while principled and relied upon for foundational support – is often the one left behind because when life clashes with the ivory tower of conceptual constructs, not moving is tantamount to seppuku – the traditional honor-killing by disembowelment by the samurai.

That is often the problem with life, living and beliefs that one clings to; and for the Federal employee and U.S. Postal worker who has a view that one’s Federal or Postal career path must by necessity strive towards the Unmoved Mover, the problem is when a medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal positional duties.

Federal employees and U.S. Postal workers often will continue to work until it is detrimental to his or her own self-interest – i.e., to the cost of one’s health.

Yes, having a paradigm of principled beliefs is important, and yes, living by a moral compass can maintain the important foundation for integrity, loyalty, uprightness and reflecting all that is good in human nature.  But when reality clashes with principle – as when one’s view of working for “the mission of the agency” or for the good of the U.S. Postal Service begins to contradict one’s medical condition, then it is time to consider preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, and not worry too much about being the immovable individual whose paradigm as reflected in how Aristotle’s Unmoved Mover may – while being a stalwart of perfection – be left behind in the dustbin of history’s irrelevant collection of ideas showing the vaunted state of angels no longer believed in, and gods removed because of the errors of myths and fantasies once created to tell the narrative of human folly.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: The wrong turn

What are the consequences of a wrong turn?  Recognition before venturing too far into the detoured travel; loss of some amount of time (allowing for that cumbersome freeway that doesn’t have another exit for some 25 miles); a rash attempt to correct the mistake by crossing the grassy knoll that divides the highway, only to find that the invitation of the greenery is a muck of quick sand that sinks the four tires into a pit of immobility; or, in the most positive scenario, a mere four-corner turn to get back onto the “right” track of travel.

Every decision in life possesses an inherent ingredient — some modicum of consequences; for some, disaster always seems to follow – like Pig-pen and the trail of dust and whirl of tornado-like innocence; while, for others, the Teflon-man of escaping even the scent of guilt is forever brushed off without a scratch or a theme of taint.

Then, of course, there are the horrible tales from newspaper clippings, of a wrong turn resulting in death, maiming, or other deviation from a mere innocence of mistaken scroll of the steering wheel; perhaps the GPS accuracy will no longer allow for such deviations resulting in detoured consequences, but others have contended that the technical glitches inherent in such devices still fail to recognize that the shortest and most efficient route may not always be the safest passage through life’s impending doom.

Further, what is it about the wrong turn that seems to define the state of a marriage?  In days of youth, such detours of deviancy may have evoked the laughter of wonder  – of an unforeseen adventure not worthy of even mild criticism; but as age increases the inner sanctum of fear and insecurity, so the wrong turn often stirs the nervous insecurities otherwise seething beneath the surface of apparent happiness and contentment of marriage, children, family gatherings and holiday warmth.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact the Federal or Postal employee’s ability or capacity to perform the essential elements of one’s positional duties, the question often becomes:  Did I make the wrong turn by taking on this Federal or Postal job, or is the wrong turn made by staying put?

Such metaphors of intent depend upon the very next move that the Federal or Postal employee will undertake.  For, if the next act is to merely remain in the same position, and allow for the harassment and adverse proposals to pile upon prior agency initiations of hostility, then the wrong turn will likely result in further mishaps of deviations of rightful routes.

For the Federal or Postal employee who can no longer perform the essential elements of the Federal or Postal job, preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the next “right” move in correcting the wrong turn.  For, it is often not the initial deviation from a set course of direction that results in a move being “wrong”; rather, it is the acts that follow, attempting to correct, that leads into consequences that make matters all the worse.

Sincerely, Robert R. McGill, Esquire

 

 

Federal Employee Medical Retirement: Deprogramming a Preconditioned Approach

The preconditioned attitude of the general public is that, if X has a medical condition, then such medical condition, by the very nature of the condition itself, will either entitle one to benefits, or not.  Such an approach is what one is conditioned to expect — that by the very nature of the medical condition itself, means that it will either lead to, or not lead to, a specified result.  This viewpoint and approach is based upon a definitional standard, where the very essence of what it means to suffer from X already predetermines whether one is eligible and entitled to benefit Y.

Social Security assumes such an approach.  To some extent, so does OWCP, because the Department of Labor is willing to pay a certain amount of compensation based upon a predetermined calculus of a percentage rating, for loss of limb, loss of use, loss of functional capacity, etc.

This is why Federal and Postal employees who first contemplate preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, will attempt to tie the fact of having a medical condition with the question, “Does this qualify me for Federal Disability Retirement benefits?”  But that is the wrong paradigm to use in asking the question.  For, eligibility for Federal Disability Retirement benefits from OPM is not based upon a definitional ascription of a medical condition; rather, it is that “third element” — the connection between X and Y, X representing the medical condition and Y standing for the positional duties which the Federal or Postal employee must engage.

In many respects, Federal Disability Retirement answers the philosophical question which David Hume asked:  Is there a necessary connection between cause and effect?  For Federal Disability Retirement purposes, the answer is a resounding “yes”.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: Suspicion of Preemption

Preemptive strikes are often justified by anticipatory rationalizations; the “other” one was “going to” do it, so it is right that one should do it beforehand (whether we are certain of the other’s actions or not, and of course, that is the beauty of such argumentation; by raising the specter of suspicion, we skip over the question itself and deride those who would dare to question the right of self-defense).

In international affairs and economic entanglements on a macro-based scale, nations can impose sanctions and initiate first strikes based upon barricades denoting “sourced” information and secrets obtained.

In linguistic preemptions, within the microcosmic universe of office settings, neighborhoods, friendships teetering on total destruction – these are the true arenas of daily strikes of preemptive devices, where suspicion should prevail and concerns conveyed.  For, in the end, why is it that people plant the seeds of doubt and utter the words of undermining efficacy?  Is gossip ever justified, rumors of helpful venue, or callous remarks disseminated of healthy connotations?

The linguistic art of preemption, of course, is engaged by the subtle hints of rumors unverified, and planted precisely in order to destroy before the others get to you first.  It is the art of the “beforehand” in an underhanded way, perpetrated by the dark hands of an assassin’s heart.

The problem with those who engage in such acts, is that they make of us paranoid despots all, because the unnerving  discord effectuated throughout engenders an atmosphere of distrust and suspicion from and by all, whereby people can never pinpoint the source of a rumor, the origin of a tasty piece of tidbit, and the destructive impact of consequences denied.  “Why can’t people just be straightforward?” is the refrain used by innocent fawns just before the predator devours; and the answer should be clear:  Acts of preemption avoid the consequential revelation of an actual justification; it is not “self-defense”, but an act of aggression with a retrospective view towards explaining that which may never have occurred in the first place.

For Federal employees and U.S. Postal workers who daily are pounded by preemptive strikes through subtleties, rumors and whispers of meanness, the time to “come clean” is probably long past due.  If the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal employee’s positional duties, the Agency, Supervisors and Managers have likely already taken note.  Preemption has already begun.

It is, in more ordinary and crude parlances, a matter of covering one’s own posterior, and thus the beginning trails of quiet harassment, hostility and increasing administrative pressures.

In such circumstances, the Federal or Postal employee is fully justified in engaging in the preemptive strike which has already been initiated by the “dark forces” of the workplace:  preparing, formulating and filing 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, is that preemptive act which has already been justified by the medical condition itself; it just needs to be prodded into the next logical step, in order to avoid any suspicion of preemption, and instead, be brought to the fore.

Sincerely,

Robert R. McGill, Esquire