OPM Disability Retirement under FERS: Interests at odds

A comity of interests has to arise in order for relationships to “work” — in whatever arena of meaning such a term must apply.  When interests are at odds, it means that the goals, orientation and direction of each of the parties are conflicted.  A “conflict”, of course, can be direct or indirect, and can be on various levels of complexities, but in general would imply a need to sever ties unless such conflicts are resolved.

In the employment arena, the comity of interests is fairly straightforward: The employer has a set of interests that need to be pursued; the employee, desiring to advance the interests of the employer, agrees to join in with the comity of interests in the common pursuit of stated goals.  Compensation is agreed upon; certain conditions are mutually stated and a contract, whether explicit or implied, is formed.

Conflicts may arise during the course of employment, of course; if a competitor makes an offer to the employee unbeknownst to the employer that directly or indirectly conflicts with the stated goals of the employer, certain ethical questions may arise.  Or, if certain employment conditions fail to be met, the “interests” of each begin to be “at odds” — an odd way of putting it, but that is the lexicon that has arisen in the employment arena.  It is almost a euphemism to avoid the harsh reality of other “choice” words.

Medical conditions can certainly “bring to odds” and damage the employer-employee relationship, and certainly Federal employees and U.S. Postal workers recognize that.

The “solution” that has been preemptively provided is the benefit known as “Federal Disability Retirement” — it is a means to avoid or otherwise resolve the conflict that arises when a Federal employee or Postal worker can no longer perform one or more of the essential elements of one’s Federal or Postal job — where, in the event of a medical condition no longer allowing for the Federal or Postal employee to fulfill certain of the employment conditions agreed upon (i.e., not being able to maintain a regular work attendance; unable to work full time any longer; taking too much SL or LWOP; unable to perform all of the essential elements of one’s job, etc.), then it is time to access the benefit of filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Of course, the “interests at odds” is not just between the employee and one’s own Federal Agency or the Postal Service — it is also as against another agency: The U.S. Office of Personnel Management who attempts to subvert, deny and otherwise place obstacles in obtaining an “approval” for Federal Disability Retirement benefits.

That is why the “interests at odds” needs to have an advocate — of an attorney who specializes in Federal Disability Retirement Law.  Consult with an attorney who can help you attain the comity of interests, and to counter that entity which clearly is at odds with your interests.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The light in someone else’s home

Walking the dog out past dusk, or perhaps standing in the backyard after the sun sets; or, in an apartment complex looking out beyond; a light turns on in someone else’s home; we wonder, who is it, what are they like, and how different are they?  Do others, upon seeing the light switched on in your home, wonder at the owner — the possessor of the finger that flicked the contraption that illuminated the room and altered it from darkness into a visually acute arena of human activity?

Why do we spend so much time pondering about alien lives in other worlds, in faraway universes beyond our very own, when scant little attention is paid to knowing about our next door neighbor?

Some would give a quick scoff at such a thought and quip, “If only you knew my next door neighbor — you wouldn’t want to know!”  And yet, it is always the one that is “just beyond” that attracts our attention — not the person sitting next to you on a train, or the woman with three screaming children on public transportation; rather, it is the unseen stranger who flicked on the light switch afar, whom we cannot see but by shadows that pass behind the blinds that veil; that is the person who sparks an imagination that there are other lives, other ways to live, and who remind us that the light in someone else’s home means that there are other ways of seeing things, living life and having different opinions, goals, dreams and conversations.

The objectivization of other human beings is the basis by which murders are committed, wars are justified and slogans are written; it is only when the warmth of a light that suddenly illuminates the darkness that prevailed begins to permeate one’s consciousness of what it all means, is when human empathy and compassion begins to form.

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 light in someone else’s home is the one left unlit, and that is often why the harassment begins, the coworkers remain uncaring and the agency seems oblivious to your deteriorating health.

It often seems as if the world cares not; that, despite your years of loyalty shown, late-nights expended to complete an important agency project, or staying beyond the hours to finish the sorting, distribution and delivery — now it is supposed to be someone else’s turn to switch on the light and carry forth the mission.

Preparing 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 left.  Whatever the conditions, it is no longer the light in someone else’s home that should be of concern, but the darkness left in your own that needs to change, by preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to OPM.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: Lives abstract and pointless

It is easy to speak about others in an abstract and pointless manner.  What is more difficult is to engage the complexity of a human being.  When we refer in such a manner, and reduce to a conceptual entity, the minimization allows one to refer to “it” as an object of derision.  Thus can one subordinate and state without feeling, “Oh, X is worthless” or “Y is a waste of time”, as if the value of an individual can be quantified like mineral ore or spectrums of inestimable qualities.

It is the cognitive process which is likely unique to the human animal, and has been variously evaluated, assessed, judged and analyzed by different philosophical schools of thought, under multiple titles like “An inquiry into human understanding” or “The puzzle of the human mind”.

Abstraction, placement of sensible objects into forms of conceptual paradigms otherwise negated by the particular; these generalizations have a duality of purpose, of utility that can be moral or evil, deliberative or of pointless venue.  Obliteration of the particular is consistent with the capacity of a nation to subjugate and murder in mass quantities, for it is by the vehicle of objectification that the subject can be ignored and shirking of humanity can be achieved.

From the ashes of the Second World War rose the stems of Existentialism, and Sartre and Camus positing the anguish of dead souls unable to experience the fullness of life.  And thus was the hero an unlikely one – of a solitary figure toiling despite the severing of that which gives impetus to life: the relationship between meaning and motivation.  For, Sisyphus was condemned to engage for eternity in the monotony of toiling to push the boulder up the incline, only to have it roll back down, then to repeat the senseless act endlessly.

It is this metaphor applied to life itself, and by which existentialism sought to bring meaning and purpose to the human condition.  That is why relegation to abstraction and subjugation to pointless conditions became the clarion call of protest for the tide of human suffering, like the Phoenix rising from the ashes of war left to devastation and human misery.

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 the Federal or Postal positional duties, the experience of being referred to as lives abstract and pointless becomes a daily encounter; for, Federal Agencies and Postal facilities place value upon the Federal or Postal worker only so long as productivity and the advancement of the Agency’s mission continues; and thus is loyalty defined as a one-way street leading up to the Agency’s doorstep or the Postal Service’s bottom line; never does loyalty embrace the Federal or Postal employee’s medical condition.

Preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is a way to break that endless cycle of Sisyphean plunder; for, in the end, lives abstract and pointless are defined not by what “they” are doing, but what you – the unique individual – are capable to doing, and escaping the harassment and adversarial actions of the agency by obtaining a Federal Disability Retirement annuity is often the best and only choice to attain that purposive goal.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Pipe Dreams

The origin denotes an unsavory history of imperialistic exploitation and deserved degeneration of culturally unseen and unforetold consequences; of an encounter between foreign soils bridged by greed, necessity and inevitable destinies, but where the conqueror reaped more than what it sought.  In the opium dens which followed and the devastation of addictions ensuing, the phantoms derived from the processing of a plant which otherwise concealed the deadliness of its essence, beautiful in its floral toxicity amidst the sweet aroma that diffusely pervaded an unsuspecting population — dreams, indeed, of unreachable heights and great expectations otherwise squandered.

It is from that 19th century term — of the wafting scent of doom combined with the forgotten troubles of an industrial age, when repressive measures could be meted out by colonial strength, and insulting terms denigrating the humanity of an entire population could be thrown about by the lowliest of the low, and yet with superiority by race and ethnicity merely because one nation conquered and took advantage of the subservient nature of a quietude yet open to a coming storm.

In the end, who were the victors and what vestiges of the vanquished remained — only the untold stories of unmarked graves, whispering by twilight of plunder and portage of cultures; for, is it the country which invaded, or the one who imported the pipe dreams which subjugated the populace to an addictive essence?

In modernity, of course, the term itself has been shed of its subjugated past, and merely connotes an unrealistic expectation, a pursuance of a dream devoid of pragmatism, and a picture of flightiness attached to those who express such creative dimensions of unconstrained exuberance.  Children and the insane have them; and perhaps, still, those who partake of illicit moments of addiction and self-abuse.  But reality is always where we meet again, and the loss of time, efforts and futile exertion of wasted energy ends up back to the proverbial “square one”; what we squander in labor, we make up for in foolishness.

For the Federal employee and the U.S. Postal worker who must daily be challenged not only with the workplace hostility of repetitive annoyances, but further, work with a medical condition which progressively deteriorates and diminishes the Federal or Postal worker’s capacity and ability to perform all of the essential elements of the Federal or Postal positional duties — pursuing a pipe dream that it will all just “go away”, or that tomorrow the medical condition will miraculously heal itself, or the day after the harassment will cease:  these are mere phantasms of a hope diminished by reality.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is an acknowledgment that the Federal or Postal employee is no longer relying upon a pipe dream, and has taken a pragmatic step towards facing the reality of one’s situation.

In the end, a pipe dream need not be a mere vestige of a lost culture steeped in the wayward historicity of timeless depravity; for, as the past continues to haunt both individuals and the greater society, so the words which follow may describe a regeneration of that which was once forgotten, but still remains in the residue of unvanquished sins.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The lethargic state of tacit acceptance

Life has a way of beating down.  Whether it is from the constant drudgery of daily responsibilities, or perhaps the overwhelming bombardment of the harsh technological stimuli foreign yet to the still evolutionary sensibilities of nature’s slow progression for adaptability; the human body, mind and soul, while possessing a capacity for resistance greater than many other species, nevertheless is contained by limits of restrictive mechanisms tested daily beyond the tolerance of allowable endurance.

It is often said that time and age will take care of any youthful idealism; for, as cynicism is the property of the older generation, folly is the playground of the younger.  Falls resulting in laughter, as opposed to empathy; tears paused by applause, as want of sympathy; but as we grow up on morsels of victorious tales from mythology and storytellings from the warmth of loved ones, that security which we were once wrapped in quickly becomes a tattered shawl unable to conceal the victimhood which haunts our inner soul.

Acceptance of one’s plight has been, throughout man’s history, the basis for longevity and survival; and the quietude of a tortured soul, nowadays, may result in a bloodletting untold in former times for their atrocity and ferocity for purposeless mayhem.

It is that lethargic state of tacit acceptance which we always have to battle against; for, we know not when that moment of quantified bevy reaches the point of no return and the boiling level of overflow; and, for each of us, the threshold of that which constitutes “enough is enough” is variable, as the genetic predisposition for an explosive overflow depends upon birth, character, and the historicity of experiential phenomena which all of us carry within as the baggage which is unseen but which exudes like gangrene and spoiled milk wreaks of a rotting soul.

For Federal employees and U.S. Postal workers who have reached that point of despondency, where a medical condition has prevented the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal positional duties at the Federal agency or the U.S. Postal Service, the time may have come, already passed, or may be nearing, when the liveliness of the inner psyche once running barefoot through the pasture of timeless childhood memories has transformed into the mummy-like vestige of what once was, and now in danger of a metamorphosis into the lethargic state of tacit acceptance.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management may not always seem like a “positive step”, and may have the appearance of stoppage, cessation or even a terminal conclusion pausing forward progress; but in the end, it is the health of the body, mind and soul which should dictate the priority of one’s actions, and not a career which will go on in the bureaucracy of the Federal agency or the U.S. Postal worker, whether that rotting essence lives on for a more hopeful tomorrow, or remains quietly rotting in a lethargic state of tacit acceptance.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement: The things we leave for repair

What we attend to immediately; that which we procrastinate, and set aside; and, finally, the things we allow to falter, to deteriorate in a progressive decline of disrepair — slowly eroding, perceptibly corroding, a sight for sore eyes, as the proverbial adage goes.  And what if it is ourselves?

Of course, the cosmetic and physical fitness industry have cornered the market and turned selfishness into a virtue, and self-love into a cottage industry; something akin to, “If you don’t love yourself, how can you love others?” (or some such parallel inanity of vacuous nonsense as that); or even a better one:  Persuade the populace to eat more sugars and processed food, then blame them for nationwide obesity while simultaneously hooking everyone on the technological steroids of smartphones, computers and the acceptability of being couch potatoes; make sports into a spectator sport, video gaming into a money-generating interest, and all the while, open the floodgates of information dissemination and tell everyone how intelligent they are, or could be, because you need not memorize any facts or have the capacity to engage in critical thinking; no, you can always Google it if you need to know, and oh, by the way, a handful of individuals, unnamed, will control the bias of information on the Internet, Facebook and Twitter from which your feeds of knowledge derive.

Slowly, incrementally, rust forms on the edges of that which we leave for repair, with the admonition that we’ll “get around to it“, that priorities overshadow for the time present; and when we have more “free time”, we will attend to it.  If we counted up all of the seconds, minutes and hours promised by a new invention or a technological innovation, the aggregate would surpass the number of hours in a single day, and we should all possess the wealth of unlimited time.  But rust in the glint of morning sunshine reflects a glow of beauty nestled in the quietude of timelessness; of those things we leave for repair, it is that growing beauty which reflects our diminishing selves.

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 all of the essential elements of the Federal or Postal positional duties, the concept of leaving thing aside — important things — is well known and knowingly engaged.  For the work accomplished reveals the extent of self-denial; the “mission” of the agency, the volume of letters, parcels and packages to be processed at the expense of one’s own deteriorating health; the need to sacrifice for the good of the whole, at the expense of one’s own health.

In the end, for the Federal and Postal worker who comes to a point where preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the things that were left for repair are those which needed most that neglected attention; for it is the “I” disregarded, the “me” left behind despite the self-identification of a named generation, and the hollow and gaunt eyes looking back from the mirror of time, where we keep “doing for others” when the one we forgot about in the collection and vast array of the things we left for repair, calls in a desperate cry for the tools left rusting in the untouched toolbox of an undetermined future.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The heckler

We see them from afar, as lone voices suddenly erupting with disruptive force, often barely audible, sometimes unintelligible, but rarely unnoticed.  In some corners of the world, their acts can become dangerous; inciting violence, being put upon by the surrounding crowd; their license to interrupt has been somewhat muted by the responsive threat of retaliation, voiced in more recent days.  Most of us sit back and wonder who “those” people are — such fury and passion to deliberately interject without invitation or welcome, and with the full knowledge that the subsequent events will lead to being either escorted out in less than gentle ways, or set upon in more violent fashion.

Are there causes which still exist, worth fighting for, anymore?  Is it just boiled-over frustration against a political firestorm of ineptitude and economic vicissitudes which leaves the ordinary person powerless and voiceless?  Or, is that interruptor a paid badger from another camp, merely acting as an apparently passionate interlocutor, but nothing more in reality than an employed spoiler to reveal the disarray of discontent allegedly felt by the greater populace?

It is a tradition of American politics, certainly, to have the presence of at least one heckler rise from the quietude of the sheep’s fold; and like the wolf covered by the lamb’s clothing, with barely an eye peeping through to gauge the exact timing for the sudden uproar, the impertinence of a question posed, a harassing shout and a barrage of epithets and garbled sentences drowned out by a sea of groans from around; does it all really matter?

There have always been hecklers of time and badgers of dishonor; and like the crowd which follows blindly in sequence of movements, such temporary interruption of a planned event is but merely a nuisance of life tolerated.  How we treat the heckler is but a reflection of life itself. For Federal employees and U.S. Postal workers who have a similar interruption of “the event” of life, such as a medical condition which cuts short the Federal or Postal career, and where a responsive interlude must follow — filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the only choice left, and the best alternative to pursue.

Suddenly, it becomes the “quiet one” who must turn and heckle; for the Federal Disability Retirement applicant is often that part of the crowd which never made waves and rarely complained, but merely went about his or her business and accomplished quietly the “mission” of the agency or the daily repetition of work at the Postal Service.  Then, suddenly, the Federal or Postal worker was “singled out” as the “troublemaker” — all because of a medical condition which the Federal or Postal worker never asked for, never wanted, and rarely complained about.  But like the heckler who knows of the oncoming consequences, filing for Federal Disability Retirement benefits is surely a cause worth fighting for — despite the rude exit which is certain to follow.

Sincerely, Robert R. McGill, Esquire