Federal & Postal Disability Retirement: The Stress Test

It is meant to determine the vulnerability of structural foundations, or to gauge whether, under certain extreme circumstances, it will withstand catastrophic levels of pressure for safety and soundness.  Distress triggers the ultimate test; and whether a breaking point can be established is always a fear — of how low or high, and of what tolerance the test itself will reveal.  Objects, composite elements meant to reinforce; and most of all, people — to the extent that stress can damage, and whether such damage can be repaired.  “Repair”, of course, is a relative term, and whether or not the structural firmness can be attained after any damage has been repaired, to a level of pre-damage status, is always of concern.

Can a psyche once damaged be repaired to a state of original soundness?  Are the vulnerabilities inherent in individuals capable of withstanding the stresses of modernity, and is the “test”applied the same as the reality of daily stresses exposed?  Is there even a “test” that can determine the safety or soundness when it comes to human beings?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal employee from performing one or more of the essential elements of one’s Federal or Postal job, the daily stresses of the medical condition itself, with all of its inherent complications, are overwhelming enough; it is then the “piling on” of everything else — of Agency actions; of the adversarial nature and responses of the Agency; of the potential for denying continuation of LWOP while even under FMLA protection, and the concern for one’s future with an Agency that seems bent on making one’s life harder than it needs to be: These, and many other “stress tests” determine the need to begin the process of preparing, formulating and filing for FERS Disability Retirement benefits.

Consult with an Attorney who specializes in Federal Disability Retirement Law and begin to apply the legal stress test to determine eligibility for Federal Disability Retirement benefits; for, in the end, the only Stress Test for a Federal or Postal employee seeking Federal Disability Retirement benefits worth applying is the one which determines the potentiality for a successful outcome, and seeking the counsel and guidance of a FERS Disability Retirement attorney is the best way to relieve the stresses that surround such an endeavor.

Sincerely,

Robert R. McGill, Esquire

 

Filing for Federal Disability Retirement: Damaged goods

Perhaps it is of a fine porcelain statue; or a painting that depicts perfection in a pastoral panorama presenting a private purview of picturesque purity (sorry for the alliteration that cannot be resisted); or a first edition book that is without blemish; or a host of other “goods” that one values, admires, cherishes — and is purchased with anticipation of contentment.

Upon returning home, one notices an imperfection not previously spotted: a small “crack” on the forearm of the porcelain figure; a tear in the upper right portion of the canvas, just below the line where the frame casts a shadow and becomes almost imperceptible; or a crayon marking on page 324, in the middle of the book, unnoticed unless one inspects each and every page.

The item cannot be returned, because of either distance (perhaps it was purchased on international travel in a small shop in a foreign country not known for return policies); policy (the sign clearly stated, “All sales are final and the purchaser bears all responsibility in inspecting the condition of the item prior to buying”) or some other impracticable reason.

The imperfection is so minor that no one else knows, would notice or otherwise cares to comment on such an impurity of the state of the condition, except for one small and irritating fact: You know.  It bothers you.  The fact of the damaged goods betrays something about yourself — not merely that a contrast against a paradigm of perfection has stirred an irrationality that struggles against good judgment, but moreover, that there exists an intolerance for a standard of less than the penultimate apex of an unreachable standard.

What does one do?  You can: Hide and stash away the item (but it yet remains with the knowledge that, hidden or not, the aura of imperfection exists); you can give it as a gift, or sell it to a third party (but what if the potential purchaser recognizes the imperfection and bargains for a better price, leaving you with a loss — will that constantly remind you of your lack of judgment when once you thought that your expertise in such matters was the paradigm of perfection itself?); justify to yourself over and over that, “Yes, it isn’t perfect, but boy is it a great piece regardless!” (perhaps, over time, this approach may work); or, do the most drastic of solutions: destroy the item and trash it.

Medical conditions have a way of impacting individuals in a similar manner as the discovery of imperfection in what one once thought was a paradigm of perfection: somehow, it is even worse, because of the personal manner that medical conditions impact: it touches upon one’s self, one’s self-image and the crumbling sense of self-confidence one possessed when health was taken for granted.

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, always try and keep in mind that the diminution of the “product” concerned (i.e., yourself, the Federal or Postal employee) is not discovered by the mere fact of filing for Federal Disability Retirement — rather, the fault is in the system of the Federal Government for not being able to be patient as you struggle to recover from you illness or injury.

Filing for Federal Disability Retirement under FERS, CSRS or CSRS Offset is not a reflection on the “value” of you; it is, instead, the reality of a system that fails to recognize the difference between the relative value of “goods” as opposed to the priceless perfection of a human being and his or her contribution to society.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Claims: Determined Lives

Can it be viewed in at least two different ways and meanings?  Of a life that involves determination — i.e., in the sense of forcefulness, enduring faith and strength of character?  Or, in another sense, of being already fated, without choices or options to consider?

Thus are determined lives characterized, and bifurcated into two camps of perspectives, although the one is not exclusive of the other by necessity.

Most people experience both sets of experiences, often intersecting with one another depending upon the circumstances faced.  In some set of circumstances, one may have complete control over the direction and purposive intent of one’s life, activities involved and goals to be met — and by sheer determination, one may in fact accomplish and meet those desired ends.

Then, there are times and contexts when one’s life seems to be determined — where the control of one’s future is not within the purview of one’s own desire or effort, but by some distant force of persuasion cannot be easily influenced by one’s own will and determination.  A medical condition is one such instance.  One has no control over the fact of a medical condition, only of its effects and consequences, and even that, much of it is left in the hands of a doctor or specialist.

Loss of control — of living a determined life (second meaning) as opposed to a determined life (first meaning) — is a feeling that no one desires, and for Federal and Postal employees who sense that the loss of control is expanding into other areas of one’s life — as in one’s employment, ability to maintain a working schedule, and the loss of capacity to perform all of the essential elements of one’s Federal or Postal job: it may be time to consider preparing, formulating and filing 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.

The distinction may be a subtle one — of living a determined life (second sense) or a determined life (first sense) — but the distinction may make all the difference in the world, depending upon what your next steps are.  Consult with an attorney who specializes in helping Federal employees obtain Federal Disability Retirement benefits in order to avoid the determined life (second sense), and attain a determined life (first sense).

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

 

Attorney Representation Federal Disability Retirement: Life puzzles

Depending upon the accent or inflection, the phrase can take on differing meanings.  If stated in a monosyllabic intonation, it can be a quiet declaration that the entirety of life is comprised of multiple puzzles in an inert, non-participatory manner.  The other way of “saying it”, is to pause between the two words in dramatic form, or even put a question mark at the end of the phrase, making the second word into an active verb and the noun of “Life” into a projectile that deliberately confounds and obfuscates.

In either form, we all recognize the truth underlying the sentiment: from birth to the continuum of living daily the challenges and encounters, it is always a constant struggle to try and maintain a semblance of rationality in a universe that continually creates flux and mayhem.  That was the philosophical strain that was always taught between the contrasting foundations of Parmenides and Heraclitus; of the wholeness and unity of Being as opposed to the constant flux and change that the world imposes.

Life puzzles us in so many ways, and the life puzzles that confront us daily confound and confuse.  See the subtle difference between the two ways of using the phrase?  In the first, it is in an “active” form, invoked as a verb (transitive or intransitive), whereas in the second, it is used as a noun.  We can get caught up in the grammatical form and usage of words, and in the process, get lost in the theoretical issues surrounding words, concepts and thought-constructs surrounding so many endless and peripheral issues; but the point of recognizing such subtle differences in the language we use is precisely to avoid and deconstruct the confusions we create within the language we use and misuse.

In either form of usage, it is important to state clearly how and for what purpose we are engaging in a formulation of words, thoughts, concepts and narrations.  We all carry narratives within ourselves that we must be ready, willing and able to use in order to describe, explain and delineate.  Those subtle differences that words create must always be untangled.

For Federal employees and U.S. Postal workers who are considering 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 importance of being able to distinguish between subtle forms of language usage cannot be over-emphasized.  For, Standard Form 3112A, Applicant’s Statement of Disability, is in and of itself a life puzzle that puzzles even the clearest of puzzling lifetimes; it is, moreover, a legal conundrum and a language puzzle that must be carefully reviewed, discerned, untangled and responded to by first recognizing that life does indeed involve puzzles, and such life puzzles must be approached in a non-puzzling way.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement under FERS & CSRS: The Kokeshi doll

They are wooden dolls that are colorful, with expressions painted upon that remain frozen except for the change that naturally occurs when viewed from differing angles of sight, reflecting altered perspectives and modified vantage points depending upon one’s own emotions.  They sit on tabletops, shelves and can be a child’s playmate, though parents often view them more valuably as display items rather than taking the chance that the little brother may play them as reenactments of a prior war imagined to be fought by banging pieces of wood and throwing them against the yet-undamaged wall.

The heads are often disproportionately larger than the remainder of the body; and the rest and remainder, often just a block of smoothed wood with hands painted in a one-dimensional pattern, revealing no motion but straddling limply alongside the rectangular shape, like a submissive figure shuffling down life’s difficult trials in the daily struggles we all face.

The Kokeshi doll never complains, but always delights; never talks back, but eternally agrees; and never fails to bring light into a dark corner, but forever allows for a reminder that it is the trivial joys of life that make for worthwhile endurance in times of misgivings.  We are all, in many ways, expected to be like these inanimate objects that we have projected our own emotional well-being upon.

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 the Federal or Postal employee’s job, the fact that you are no longer able to remain impassive, implacable, disaffected and unmoved by the manner in which the Federal Agency or the U.S. Postal Service has begun to treat you, is not an extraordinary insight to possess and be suddenly enlightened by.

Though we may enjoy the delightful colorfulness of a Kokeshi doll, we cannot expect to be nor act like one.  It was always the productivity released, the competence revealed and the level of contribution inputted that made the Federal or Postal employee “valuable” to a Federal agency or a Postal facility; but when a medical condition hits a person, it is simply “not right” that the Federal agency or U.S. Postal Service should treat the Federal or Postal employee as merely another Kokeshi doll who should remain quiet and unperturbed standing in a corner.

Thus, when the Federal agency or Postal facility fails to treat the Federal or Postal employee as something more than the inanimate object a Kokeshi doll ultimately is, it may be time to prepare, formulate and file an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, before that rough-and-tumble younger brother comes along and really begins to mistreat that block of wood.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement under FERS or CSRS: Hey, at least he has a nice hairstyle

Dismissing all substantive imperfections, the phrase connotes that which we are left with:  a trope of magnanimous inanity.  The classic scene, of course, if one’s memory serves one well (and, concurrently, if one wants to reveal the generation from whence one came), is where “The Fonz” in the popular but antiquated sitcom, “Happy Days,” enters the bathroom at the local diner, and as he is about to comb back his grease-filled hair, stops, pauses, looks again, then declares with but a barely intelligible word, confirming the picture-perfect reflection of the image in the mirror, affirming that no amount of further effort would improve upon an already self-evident apogee of creation.

There are, of course, numerous excuses in life, some valid, others derived from pure laziness.  Somehow, the linear perspective of historicity makes of us a frozen frame in time.  Whether the line of demarcation is upon graduation from high school, or a community college, or perhaps even upon being awarded a university degree; we think it is acceptable to stop growing, cease learning, pause further development.

Leisure is often the powder-keg which explodes; the essence of human nature as encompassing the character trait of laziness — but what does that really mean?  Does it imply and denote that there is a genetic predisposition to refuse further growth, or merely an observation that, given the bifurcated duality of false alternatives, most of us would choose the easier path with the least amount of resistance?

If the latter, then it is merely a harmless tautology of observation, for it is self-evident that work and toil, as opposed to pleasure and enjoyment, are the lesser models of preference.  Emergencies; crisis; traumatic events; these, of course, constitute an entirely different category, altogether.  And, in a greater context and larger perspective, one could argue that such intersecting and often interrupting life-events in fact spur greater growth and maturity, by the experience of encountering death, tragedy or tumults of great struggle and endurance against odds stacked against one.

Life is full of challenges, and having a medical condition is one of the greatest of all.

For Federal employees and U.S. Postal workers who struggle because of a medical condition, such that the medical condition prevents the Federal or Postal worker from continuing in one’s chosen career-path, and where preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management becomes a necessity because of the inability to perform all of the essential elements of one’s Federal or Postal job, the endeavor to maintain a semblance of balanced perspective will often become a contentious force in and of itself.

It may sometimes seem as if the linear progression of one’s life has come to a stopping point, and that further growth is no longer possible.  Yet, the answer to a dilemma is often the process of the turmoil itself, and further growth and opportunity may be in some future arena yet unseen, after one has won an approval of a Federal Disability Retirement annuity and left the Federal or Postal workforce.

What one doesn’t want to do, is to remain stuck in a situation of stagnation, where all that one can look forward to on a daily basis is to hear a dismissive comment from the guy sitting next to you, who says, “Hey, at least he has a nice hairstyle.”

Sincerely,

Robert R. McGill, Esquire