OPM Disability Retirement Benefits: Sitting alone

Sitting alone can be dangerous.  Whether early in the morning or late at night, when one’s thoughts are the only neighbor within, and the soliloquy of voices have been shuttered into basement echoes where the drip-drip of a broken faucet reverberates amidst the endless thoughts of tumult and disaster.  The disconnect between reality and thought, betwixt action and mind, become exponentially exaggerated when sitting alone.

Rarely do tectonic shifts in the objective world result in major disasters where entire civilizations crumble and become destroyed; for, each and every day, subterranean movements occur imperceptibly without notice of bystanders who walk from cafe to office; but within the shifts which occur while sitting alone, the tumults of a mind fearful of one’s future become endless nightmares that cannot be contained.

The subtlety of fear unrecognized; the voice within that panders to irrationality; or of the dread that overwhelms — it can all come about through sitting alone.  The cacophony of voices around; the television blaring to drown out silence; friends and acquaintances invited in order to keep out the squeezing quietude of being alone: these are temporary ways of blunting the danger of sitting alone.

It is like having a medical condition and trying desperately to ignore it; at some point, we are all alone in the world, just as the womb that once protected within a catacomb of warmth and security became lost upon the expelling into the cold and heartless universe, and so we remain sitting alone with fear and loathing for a future yet undecided.

For Federal employees and U.S. Postal workers who are sitting alone, unsure of what do to because a medical condition has begun 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 time to consult with an attorney and begin the process of initiating an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, and to stop avoiding the prospect of sitting alone by becoming lost in the day-to-day struggle of endless points of procrastination.

For, sitting alone is the pathway to realizing the disasters that loom within one’s thinking; it is a consultation with an experienced OPM Disability Retirement attorney that will open upon the doors for a future yet untold.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Appeal: Second Opportunities

In life, how often do we get a “second opportunity”?  To correct a past mistake; to avoid the consequences of an error committed; to rekindle a damaged relationship; and other acts of revitalized and redemptive scenarios rarely allowed.

Second opportunities, and the rare third ones, allow for erasures to be made, modifications to be incorporated and additional, corrective information to be inserted.  Of the following, what would one think? “Oh, a mistake was made in the contract which goes against you, but not to worry, go ahead and make the changes and we can sign everything again as if … “ Or: “Oh, your rich aunt disinherited you after you called her that horrible name and in a drunken rage knocked her over the head with vase, but not to worry, she forgives you and has placed you back in her will.”

Those are, to be sure, instances of second opportunities, but rarely to be had and more likely to occur in fictionalized accounts of redemptive fantasies otherwise unpublished because of their unlikely occurrences.

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 “Second Opportunity” (and the “Third”) comes in the form of the Reconsideration Stage, and then an appeal to the U.S. Merit Systems Protection Board.

Don’t let such an opportunity for corrective action slip through the “proverbial fingers” by making the same mistake twice.  It is, at either the Reconsideration Stage or the appeal to the MSPB, an opportunity to fill in any gaps (whether merely perceived by OPM or substantively existing, it doesn’t really matter); and to reinforce any lack of medical evidence by having the opportunity to supplement, and even modify, statements made or omissions allowed.

Some OPM Disability Retirement cases may be weak in their very essence, whether because of lack of medical support or because of other reasons undefinable; other cases may simply need further development, explanation or supplemental evidence to “shore up” the unpersuasive peripheral issues that have appeared in the case.  Both the Reconsideration Stage, as well as the appeal to the U.S. Merit Systems Protection Board, open opportunities to resolve one’s case in one’s favor — by being granted the ultimate end and goal with an approval of one’s Federal Disability Retirement application.

The road to attain that goal, however, must sometimes travel through multiple doors and second opportunities, and that is how one should see the Second (Reconsideration) and Third (an appeal to the MSPB) Stages of the process in trying to get one’s OPM Disability Retirement application approved.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Problems

We all have them; some, more than others; and by either quality or quantity, we often judge as to the burdens overloaded in our lives, comparing to others by contrast the significance of the impact of each, whether large or small, tragic and grandiose or irrelevant like a speck of a fly upon a windowsill in the basement where no one visits, anyway.

Wait long enough and they will sometimes go away; wait too long, and the little bothersome inkling may turn into an insurmountable gargantuan of a magnified adversity beyond human tolerability; and in the end, we are left with either being resigned to live with them, to solve them, or to simply survive them.

Problems are inherent to human living.  A wise pastor once said, “Where there are people, there are problems.”  This statement was a recognition that human interactions, relationships and the mere bunching up of personalities that conflict and become adversarial, in a world of limited means but unlimited emotional upheaval, by necessity invites problematic encounters.

We often think that, “If only I had…” — then, what?  That all problems would simply vanish?  Hardly, and most unlikely.  For, history has shown that in every endeavor that requires effort; in every relationship no matter the matching of perfection as to personality, temperament and compatibility; in the end, whether by external influences or internal derangements, conflict will erupt and problems will abound.

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 and capacity to perform all of the essential elements of one’s Federal or Postal job, the necessity may arise for filing a Federal Disability Retirement application, to be submitted through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS offset.

In such a state of affairs, problems already are inherent — the medical condition itself.  The key, then, is not to compound the problem by trying to maneuver through a complex administrative process without legal expertise, but rather, to engage an attorney who specializes in Federal Disability Retirement Law.

In the end, it is the compounding of problems that can be controlled.  Problems will always be with us, but for the Federal or Postal employee who must contend with a medical condition and must file a Federal Disability Retirement application, always remember that it is the next step beyond the original problem that will often determine the future course of problems, and whether they can be limited or allowed to fester and boil over into a compounding of further problems.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Responsibility

What is it about the ascription of such a word, that there can be a direct correlation or, if taken in a different context, some mere connection but no causality?  We can say of a person, “He is responsible for X”, and yet never have directly encountered X or (if a person) never even have met X.

Thus of monsters and thugs throughout history, for instance, we might say that “Stalin was responsible for 20 million deaths, at least,” or that Mao was “responsible” for a 100 million peasants dying during the late 50s; or, of course, of ascribing to Hitler the countless millions; and, so that we don’t leave out other “responsible” monsters of history, of Pol Pot, Idi Amin and many others besides, though we cannot link a causality that would pass Hume’s skeptical test of anything more than events following one upon another, we nevertheless accept that all such political figures were “responsible” for the deaths of millions.

What is the criteria in coming to such a conclusion?  Is it a negative proposition — that if X had the power or position to prevent such events from occurring, then Responsibility-Y can be ascribed?  Or must it be a positive declaration: If X engaged in Acts A, B and C, then Responsibility-Y can be attributable to Individual-W; and further, if only Acts A & B, but not C, then less so; and if only Act A, but not B & C, even less so?

Responsibility”, of course, is a malleable and transitive concept; it can change with the contextual winds of opinion, historical perspective and a cultural shift of viewpoints.  Look at how we approach our Founding Fathers — of responsibility for the slave issue in the United States, but somehow excusing each if (A) any one of them willed that they would be freed upon their deaths, (B) that one was “personally” against the issue but for economic, practical reasons were “forced” to go along or (C) they treated them “kindly” and “responsibly” (here, we have a double-meaning of the term, for such an individual was both “responsible” as well as being ascribed the “responsibility” of being a slave owner).

Or, look at the manner in which America treated Native Americans — of a genocidal history no less cruel than Mao’s starvation of the peasantry; and yet, because of such grand concepts as “manifest destiny” and the depiction of an entire populace as “uncivilized”, we can avert “responsibility” by distancing the causal agents; and the greater distance between the agents, the less we ascribe responsibility.

On a lesser scale, what about work?  If work suffers and there is no reason for it but laziness and lack of attention, we ascribe “responsibility”.  But what if a medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s positional duties — is that Federal or Postal employee “responsible”?

The short answer is a “no” — and that is recognized by “the Law”, in statutes, regulations and case-laws cumulatively aggregated under the conceptual aegis of “Federal Disability Retirement Law”.  It is precisely because society recognizes that a medical condition itself — and not the individual — is directly responsible for one’s inability to perform one or more of the essential elements of one’s positional duties, that Federal disability retirement exists as a benefit to pursue.

But it cannot be accessed until and unless there is an affirmative step taken by the Federal or Postal employee, by preparing, formulating and filing an effective Federal Disability Retirement application, filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  That is where “responsibility” comes into play as a direct causal link — of initiating the steps and actually filing.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Medical Retirement: The rabbits we chase

The rabbits we chase are the ones that reveal not so much about our preferences, but more about who we are and the priorities we place.  For, as one walks about in life, whether in suburban neighborhoods where rabbits abound because no one shoots them for meals, anymore, and so they can multiply without natural restrictions for lack of predators, the fact that there are other things to pursue — but instead we choose the rabbit — tells others something about you.

Of course, it is the proverbial rabbit we speak about — of work at all cost, of refusing to concede that which is quite obvious to everyone else.

Much of real rabbit hunting, of course, is done by knowledge and pure observation — of how the animal reacts; in scurrying away, what route does it take?  What avoidance tactics are engaged?  In suburbia, you can no longer shoot a rabbit within the confines of the city limits, but there is no law that prevents you from doing what the American Indians were so good at — chasing one down, swooping with a strong arm and grabbing those pointed ears, all for a good lunchtime meal.

But of the other “rabbits” we pursue — of careers at the cost of our health, of tangential distractions that ultimately provide no foundational meaning in determining the destiny of sanctified thoughts and goals.

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, chasing rabbits is a familiar refrain — not because it is being done in various acts of futility, but because the rabbit itself is not just any ordinary rabbit, and doesn’t follow the standard paradigm of “rabbit-hood”.

For, it becomes clear that the very nature of the rabbit has changed — the Agency no longer recognizes that your years of toil and loyalty should mean anything; coworkers whisper and spread gossip; the level of productivity is declining; you are using “too much” Sick Leave or LWOP; the rabbit you are chasing doesn’t quite act in the same way, and you begin to wonder, Is it even worth pursuing?

Federal Disability Retirement is a benefit that is there for the Federal or Postal employee who has finally come to the realization that not every rabbit is worth pursuing, and not every rabbit leads to a satisfying meal.  Preparing, formulating and filing an effective Federal Disability Retirement application, to be filed through the U.S. Office of Personnel Management, is likely the next best step in catching the rabbit of choice.  Now, for which rabbit hole to jump into …

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Dreams quashed

It has a ring of finality to it, a tone of termination, a quake of unequivocal endings; to extinguish, to suppress or to stamp out; it is often used as an example of some authoritative juggernaut putting down and out a rebellion by some wayward bandits; and so when it is conjoined and combined with another word – one that denotes hope for the future, a flicker of light for something positive – that has a positive connotation, it becomes an oxymoron of sorts, or a compound concept that cancels out one another.

The first word allows for a future hope and anticipation of things yet to come; the second, a denial of the first, a negation of that which one lives for.  Dreams quashed is an admission of defeat where once victory was in hand; a resignation to the reality where warmth of hope yet remained; and a bowing to a reality where the subjective universe perhaps allowed for thoughts beyond that which the objective world would dictate.

The compound concept of dreams quashed, when applied to a young soul just starting out in life, is perhaps a tragedy; as one gets older and reaches towards the dusk of life, or of the old man in a rocking chair rocking the finals days of breath away into the sunset, perhaps less so.  Yet, for everyone, whether young, old or in-between, dreams constitute the fiber of life’s worth, the filament that connects between despair and a will to move forward.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent, impede and block the ability and capacity to perform all of the essential elements of the Federal or Postal position, the recognition that a career may be coming to an end, and anticipation of that “dream job” one finally obtained after college, and the realization that the camaraderie of working on a team, of having a unified purpose and a singular mission that always moved towards the future, to fulfill mini-dreams and projects that leaped into the beyond such that tomorrow was worth living and the next day was an anticipated victory of some proportions, perhaps microscopically relative to the greater universe, but nonetheless a platform that reflected upon one’s self-worth; these constitute those very “dreams” that appear to be in danger of being “quashed”.

Sometimes, however, the dreams of yesteryear need to be adjusted, such that it is not truly a quashing, but merely a modification.

Federal Disability Retirement is a recognition not of a dream quashed, but of a priority realized – that health is not always a given in life, and that which we took for granted was never to be freely accepted, but a gift received by a token of one’s sense of mortality.  Dreams quashed are merely hopes deceived, and preparing an effective Federal Disability Retirement application, whether the applicant is under FERS, CSRS or CSRS Offset, is to merely delay the inevitability of another dream revived but perhaps left forgotten in the rush to make a living.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Little battles fought

It is the minor skirmishes of life that maintain the vitality of everyday existence; they are fought in preparation for the greater battles and campaigns.  That is why a ‘strategy’ is important; otherwise, taking the same hill countless times in a day leads one to wonder what the greater plan is.  For, futility and the sense of meaninglessness are what defeat any motivation to continue.  Incentives for advancement; a sense of growth and an optimism for the future; these and other values are what one fights for, engages in skirmishes, and those little battles that are fought with a worthwhile sense of gaining something.

Medical conditions, especially of a chronic kind, tend to diminish the will to fight.  They not only weaken and debilitate; they begin to eat away at any sense of accomplishment and striving for those valued goals.  It is, in the end, a sense of hope for which we all fight the little battles fought; otherwise, the major wars would fail to be worthwhile.

Medical conditions are the “unfair” factor in any war, sort of like roadside bombs planted in this new war of hit-and-run attacks.  They often come upon one slowly; and whether in a sudden, traumatic event or evidencing a slow progression of debilitation and subtle changes over a period of days and months, the insidiousness of not knowing how to battle it, of doctors telling of being patient, of medications themselves sometimes having worsening side effects that complicate, exacerbate and exponentially magnify in frequency, severity and other realms of wounds endured – these all cumulatively combine to create a sense of frustration like fighting an enemy you cannot see and will never be able to actually “fight” in the traditional sense.

That is why preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is an important step in those “little battles fought” – for, unless the little ones are taken care of, the large ones that loom ahead may not be properly engaged in.

Reorganizing priorities; focusing upon one’s health; determining the future course of relevancy; these are all part of the metaphorical battles to be fought, but for the individual who experiences the medical condition and specifically for the Federal or Postal employee who must consider filing a Federal Disability Retirement application, they are no less real than the sudden devastation of a roadside bomb exploding beneath one’s Humvee.

Sincerely,

Robert R. McGill, Esquire