Medical Retirement for Federal Employees: The touch of life

People often refer to “the touch”; of Midas’ ability to engage in alchemy, now transformed into a metaphor for those whose every endeavor results in financial gain; or of that “soft touch” in the arena of basketball, where the swish of the net and the easy bounce which finds the diameter of the hoop always larger than the irascible target of our trying attempts.  But it is the “touch of life” which encompasses all of that, and more.

When most struggle with the morning fog of first dawn, and youth craves for the security of childhood but act with cynicism to protect their own pride; and pride itself, foolish in its heart, but where wisdom never finds refuge but for the mistakes made in trying.  The touch of life comes to the fore when wandering souls finally find restive quietude from the troubles of the world, and for a brief moment when time, history, and the troubles which beset, can be set aside in an orderly, systematic and rational universe of timeless peace and finality of purpose.

Wisdom is hard to come by; and in the midst of daily struggles, finding clarity of purpose is impossible, especially when troubles abound upon the horizon of life’s plenitude.

For Federal employees and U.S. Postal workers who are struggling because the Federal agency or the U.S. Postal Service harasses, intimidates and engages in unfair labor practices, preparing an application for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is often the only viable choice left.

Life often grants only limited options, but when we grumble and complain about the lack of alternatives, we merely delay and obfuscate the richness open to our own lives.  Instead, what the Federal or Postal employee needs to do, is to take that opportunity and prepare, formulate and file an effective Federal Disability Retirement application with OPM.

Grumbling about fate not in the cards merely takes energy away from that which will work; and as America is a land of pragmatism, the home to William James and the only original philosopher from this country, it does well to recognize that the touch of life is not reserved to the magic of alchemy, but to the choices we wisely accept and forge forward upon.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Of Tomorrow’s Dreams Delayed

We like to think that our lives progress unencumbered in a linear line of advancement, with nary a bump or an obstacle unconquerable, and but for the occasional exuberance of planned erraticisms, the journey should be a smooth ride without surprises.  But just as planes sometimes fall from the sky, and nature betrays its perfection by mistaken errors of comedic turmoil, so the linear aspect of constancy often must confront the bumpiness of expectations.

Life rarely turns out as planned, and the more we plan, the less we expect fulfillment.  Perhaps that is the great tragedy of loss of youthful innocence.  In the end, it is how we face up to that realization that plans are meant to be altered, that unexpected curtailment of expectations unrealized merely represent the reality of the universe, and that in the end, the process of “how we face” it is more important than the desultory buoyancy of cynicism.

On a rollercoaster or other thrill-seeking device, there is often that final moment of exhilaration, that last pause before the turn; perhaps that is precisely why we seek such madness, for life itself rarely presents us with a similar and parallel event.  Instead, like the medical condition which slowly, steadily, and with monotonous rage progresses to debilitate, the constancy of repetitive boredom in life mirrors the tragedy of human proportionality and graveyards filled with unnamed tombstones.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition results in an inability to perform the essential elements of one’s positional duties, the bumping up against the tides of obstruction means that one must prepare, formulate, and file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS, or even CSRS Offset.

Life’s unfair advantage at throwing down an obstacle in the midst of a promising career should never betray the need to adapt and consider the alternatives beyond; and for the Federal or Postal worker who can no longer perform all of the essential elements of the Federal or Postal position, the likelihood that the Federal agency or the U.S. Postal Service will engage in harassment and ultimate termination of employment, is greater than not.  That is why, of tomorrow’s promises and dreams delayed, it is necessary to prepare, formulate and file for OPM Disability Retirement benefits today, so that the tomorrow of dismal dalliances may be deemed a desirable date of this day’s inestimable worth.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Lawyer: Time Was, When…

Reminiscences represent a harbinger of the state of existence and the mental attitude of individuals; once engaged, they reveal the past-oriented focus, as opposed to the future dreams of youth.

Do young people reminisce?  At what point does one engage in such leisurely exercise?  And the spectrum of historical context, or the lack thereof — does the limited span of a past life determine the narrow course of future remembering?

It is always a danger to place too glowing and positive a light on the past; for, as present circumstances may be a pocket of discontent, so the warped perspective may, by contrast, create a fictional scenery of the past by unknowingly diminishing and extinguishing less notable events once experienced.

For Federal employees and U.S. Postal workers who are subjected to the hostility of one’s own agency because of the manifested impact of a medical condition upon one’s capacity to perform the essential elements of one’s positional duties, it is natural to embrace the refrain, “In the good old days”.  Health often brings that careless attitude of flippant fortitude; it is when we have something that we unknowingly take for granted, and when it becomes diminished, or is suddenly gone, the human tendency of regret and return of rectitude begins to pervade.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the pathway out of the muddle of reminiscence; there is, perhaps not yet known to the Federal or Postal employee, life beyond the Federal government or the Postal Service.  If too much time is spent in the past, then the robber barons of yesteryear pervade in the present, to rob one’s future.

Filing for Federal Disability Retirement benefits through OPM is not merely for escapism from a current “bad” situation; it is to secure the future such that there will be one, where one day in the twilight of a life, one can look upon the current negative circumstances and begin with the reminiscence of, “Time was, when…

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Law: Causality

Worker’s Comp requires it; Social Security disregards it; and OPM Disability Retirement shifts the issue into a different arena.  “Causality” encapsulates the relationship between two or more events, where one is thought to result from another, or put a different way, where “responsibility” for a given effect is attributed to a prior conditional occurrence fulfilled as sufficient to warrant as being the “cause” of that event.

In a Federal OWCP case, administered through the Department of Labor, one must prove that the injury or medical condition was “caused” as a workplace incident or occurrence, such that the “event” occurred or was somehow connected to the employment itself.

For Social Security Disability cases, causation is normally not an issue, since the basis for eligibility is not concerned with any singular event, but rather, whether the person filing for Social Security Disability benefits meets a standard definition of being “totally disabled” from gainful employment.

For Federal OPM Disability Retirement benefits, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset, the issue is not one of causation, but rather, the relationship between one’s medical condition and the attributable impact upon one or more of the essential elements of one’s job.

Thus, there is, in a different sense, a case of causality to be made, but the relationship between A and B has shifted, where it matters not “how” it occurred, but rather, “whether” the medical condition prevents (causes) one from performing one or more of the essential elements of one’s job.

In the end, causation in a Federal/Postal Disability Retirement application is irrelevant in the traditional sense that one normally accepts, but the shifting focus of causality is important to keep in mind in preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: The Recurrent Nightmare

Perhaps it is explicit, of images which repetitively beat the drum of constancy; or, sometimes, despite every effort, one cannot recall the harrowing particulars of a nighttime of eternity filled with dissipation of fear and loathing.

Restorative sleep is lacking; whether from pain, nightmares or paralyzing panic attacks; and the medical designation of insomnia, Obstructive Sleep Apnea, or psychiatric conditions of Generalized Anxiety Disorder, intrusive nightmares; or perhaps it is much more direct and simple:  pain which prevents getting into a comfortable position in order to drift off into the dreamland of serenity, and where the sharpness compels one to awaken with a scream, only to find that it is the silence of one’s aloneness which permeates the quietude of the voice which no one hears.

The next morning, the profound fatigue and exhaustion, beyond the mere ache of tiredness, with residual cognitive dysfunctions,follows one throughout the day, like a scent of undefinable and unidentifiable aura, always there but never quite connected, either in location, distance or substantive content.  For Federal employees and U.S. Postal workers who experience a semblance of such a state of being, it becomes like a recurrent nightmare, and work becomes impacted in so many different ways.

In physical-intensive jobs, in the greater potentiality for mistakes and accidents; in cognitive-focused positions, in analytical miscues and inability to focus and concentrate.  Perhaps it all becomes reflected in one’s performance review, or one becomes placed on a “Performance Improvement Plan” (a PIP); or even be handed an Agency’s Proposed Removal; whatever the cost, for the Federal or Postal worker, it is time to consider preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset.

No, Federal Disability Retirement is not the “be all” and “end all” of solutions; but it is an option which should always be considered when once the recurrent nightmare engulfs the Federal or Postal worker with consequences of adverse actions imposed upon a fragile state of being ready to crack under the weight of a chronic disease or medical condition of such seriousness and sufficiency as to have impacted one’s capacity to perform all of the essential elements of one’s positional duties.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Twilight’s Landing

Sleep is often the category of escape; restorative sleep, a palliative prescription for a medical condition.  Upon closing one’s eyelids, the images which pervade from the day’s stimuli slowly recede as the dark chasm of one’s own consciousness begins to fade, and sleep begins to overtake, leading us into that shadow of twilight’s landing.

It is when chronic pain, discomfort, and the gnawing neurons which fail to relax but continue to send signals of dismay and distress, that the world of wakefulness and the dawn of sleep fail to switch off; or the continuing anxiety, depression or panic attacks control and jolt one into the awareness of darkness.  Medical conditions have an impact not only upon the daytime soul, but in the sleeplessness of non-sleep as well.

For Federal and Postal workers who are formulating a Federal Disability Retirement application and preparing one’s Statement of Disability on SF 3112A, one aspect of the descriptive narrative which is often overlooked, both by the doctor as well as the Federal or Postal applicant, is the role that profound fatigue plays upon performing the essential elements of one’s job.  While often implicitly stated or otherwise inferentially contained, explicit extrapolation is important in order to convey all of the elements of one’s medical condition and their impact upon the Federal or Postal employee’s inability to perform one or more of the essential elements of one’s positional duties.

Perhaps one was reprimanded or suspended for “sleeping on the job”.  Was it mere laziness, or was the underlying medical condition the intermediate cause of an act or event otherwise seen as an insubordinate statement of defiance?  Reasons and rationales provided make all the difference in this very human universe of language games and counter-games.  For, in order to effectively submit a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal Worker is under FERS, CSRS or CSRS Offset, the important thing is to make sure and sufficiently describe and delineate the primary and secondary causes of one’s underlying medical conditions. This includes the inability to have restorative sleep, the profound and intractable fatigue one experiences, impacting upon one’s daily cognitive functions, etc.

Otherwise, the medical conditions are not adequately conveyed, and when one goes back to sleep in attempting to reach that twilight’s landing, the difficulties of the world will be magnified by another potential problem — a denial from the U.S. Office of Personnel Management, of one’s Federal Disability Retirement application.

Sincerely, Robert R. McGill, Esquire

Federal & Postal Disability Retirement: Restorative Measures

Sleep obviously has an evolutionary purpose.  Anxiety, stress, negative thoughts and perspectives; aggressive behavior, combativeness (otherwise known to spouses as “being grumpy”); inability to maintain one’s focus, concentration, attention to detail; all of these, and much more, can often be ameliorated by a good night’s sleep.

Stress is the overarching component which becomes exacerbated by lack of sleep; it feeds upon all other aspects of the human body, by impacting physical endurance and stamina, by increasing one’s cognitive dysfunctions and capacity to process the quantitative and qualitative amassing of information; and it is thus the vicious cycle of lack-of-sleep leading to greater-stress resulting in increased inability to attain a state-of-restorative sleep. Throughout, stress can be the invisible thread which ties the binds of cyclical ruination and self-destruction.

For Federal and Postal employees who find that a medical condition has impacted one’s ability to maintain a continuity of restorative sleep, consideration in filing for Federal Disability Retirement benefits, filed through one’s agency if one is still employed or not separated for more than thirty one (31) days, or filed directly to the U.S. Office of Personnel Management if separation has already occurred but one still falls within the 1-year timeframe of the Statute of Limitations, must always be an option.  Federal Disability Retirement allows for one to reach that plateau of self-restorative venues, by having the time and proper perspective to seek out effective medical treatment, not otherwise distracted by the countless demands of one’s Federal or Postal job.

Stress is the silent robber who stealthily destroys one’s health by a thousand cuts; lack of restorative sleep is the subtle, pernicious and progressively deteriorating condition which turns slowly into a crumbling foundation; and failure to act upon correcting the steady onslaught of self-decomposition will only lead one to a state of paralysis, where the shifting plate tectonics will one day reach a crisis point of collision, in the convergence of stress, anxiety, physical collapse, and self-ruination; all because we couldn’t get a good night’s sleep.

Sincerely,

Robert R. McGill, Esquire

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