FERS Disability Retirement for Federal & Postal Employees: The Port

It is the Roman Stoic, Seneca the Younger, who wrote that, “If a man knows not to which port he sails, no wind is favorable”.  It is, in the end, the essence of Stoicism — of living life without complaint and without being impacted by the hardships of the objective world, all the while clinging to a path of virtue unfettered by worldly concerns.  That is why the quote above — of the internal “self” in contrast to the metaphor of the objective world: the winds which guide the ships — encapsulates the essence of the philosophy of Stoicism.

In modernity, it matters little from whence the winds come, for we engineer our own direction through engines and mechanical devices which propel the marine vessel by the power of our own creation.  But of that time when ships relied exclusively upon the breath of gods that blew the winds which filled the sails — it was a time when we relied heavily upon the favor of fate and nature’s appeasement.  Yet, even today, whether by the propulsion of machines invented or reliance upon prayers of guidance, no wind is favorable until and unless a person knows where he or she wants to go.

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 his or her position, it is important to make a determination as to “where” one plans on going before determining the “how” of the approach.  If a medical condition has clearly begun to impact one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal job, then where one must “go” becomes clearer: You cannot continue to stay at the job precisely because the medical condition prevents you from doing so; and so FERS Disability Retirement becomes the option by default.

The next question, then, is the “how”, as in — How does one get from point A to destination B?  Consult with an attorney to discuss the further particulars of your case; for, in the end, whether you believe in the philosophical tenets of Stoicism or not, once you realize the port to which you wish to sail, you need the favorable winds of counsel from an attorney who specializes in Federal Disability Retirement Law in order to help guide the sails of your journey.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from OPM: The Task Ahead

We all talk in those terms, don’t we?  And when the future is no longer referred to, we begin to worry; for it is the notion of a future that keeps us alive in the present, while the past is merely a portrait of who we were and what made us today.  A person without a history is an enigma; of what we are doing presently informs others of where we are going; and of future plans — well, that reveals of character, ambitions and the motivations of “what” and “who”.

When two people meet for the first time, it is commonplace to inquire as to the other’s past.  Why is that important?  Do we glean from a person’s previous experiences the type of “character” one has?  Of the places a person has been to; of his or her upbringing; of the hardships and trials one has endured; of the relationships one has been entangled in; and of the schools attended, the education received, etc. — are these, in their aggregate, what reveals the “make-up” of a person?

Can one sweep one’s past aside and simply declare, “I have no past and nor do I want to discuss it.  However, let me tell you of my future plans — of the task ahead.”  Why wouldn’t that be acceptable?  Is it because anyone can say anything about the future yet to be done, and it is the past which remains the telltale sign of a person’s true intentions and motivations — that is, the sincerity of one’s declarations?

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 task ahead becomes clearer each day as one’s medical condition worsens: Filing for Federal Disability Retirement looms as a greater and nearer necessity.

Does the past matter?  Yes — as to the deteriorating aspect and its impact upon one’s present circumstances.  Does the present have any relevance?  Yes, to the extent of one’s current medical issues and the nexus to one’s ability and capacity to perform the essential elements of one’s job.  And what of the task ahead?  That is the true test — and for that, you should consult with an attorney who specializes in FERS Disability Retirement Law in order to prepare the most effective application for the task ahead: to formulate a strategy in order to pass muster with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Reirement under FERS: Dylan Revisited

The British have the Beatles; America has Dylan.  Martin Scorsese’s ongoing documentaries covering the life of Bob Dylan (“No Direction Home” and “Rolling Thunder Revue”) reveals the obvious differences as well as depicting interesting tidbits of entertainment value, for those even remotely interested.

Dylan is the quintessential American — of the lone troubadour; the composite of a self-made star from multiple personalities, including Hank Williams, Woody Guthrie and Muddy Waters; and despite playing off and on with “The Band”, forever the loner — remote, distant and undefinable.

Bands come and go — The Beatles, The Rolling Stones, Led Zeppelin, etc., and when they disband and disburse, some individually go on to similar heights of fame; but of Dylan, he has always stood apart with his soulful voice, his trance-like story-telling, and the enchanting universe of words conveyed on the airlift of music that brings one into a lyrical fantasyland.

In the end, Robert Allen Zimmerman remade himself from the outskirts of a rural town into the spotlight of musical genius over a span of a time when cultural revolutions were shaking the very foundations of a country at war.  We all yearn to be like him — if not for the fame, then for the uniqueness that becomes apparent when you listen to his voice: Not quite on beat and never able to be defined.

Whoever “Zimmerman” was, we will never know; for what we know is the folklore surrounding even the whispered utterance of “Dylan” — a name and word which provokes images, stories and memories that have cluttered the shadows of a legend like the barnacles encrusted on the underside of a drifting boat.

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 tragedy of the medical condition can be likened to the duality found in Dylan Revisited — that the person who is beset with the medical condition is not the same person who once forged ahead with a promising career with the Federal Government or the U.S. Postal Service.

Consult with an experienced attorney who specializes in Federal Disability Retirement Law; for, in the end, the Dylan of today is not the Zimmerman of his past, just as the Federal or postal employee who suffers from a medical condition is not the same person as before the medical condition, and the whole point of filing for Federal Disability Retirement is to get back to a place where we can define ourselves within the uniqueness of who we are and were.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Reenactment

Among the various species, are we the only ones who engage in reenactments?  Isn’t living life itself enough?  Do we really have to live it all over again, except in a “reality-based” methodology of reenacting what once was?

What does it say about a species which attempts to recreate scenes, scenarios and historically arcane contexts; or even of the lonely teenager who revisits the place of his or her first love, to go over a moment shared barely a fortnight ago?  Or even of the theatre — of a play reenacted night after night; and of battles from decades and centuries ago where we already know the outcome but desire to relive the moments leading up to the end.  Then, there is the “crime scene reenactment” — of extracting from scant evidence and trying to comprehend how it happened in an effort to discover the “who” of the crime.

Why do we humans want to recreate painful memories?

For most, there are moments and issues which we would rather forget, but forgetting means that it is already in the past and we have the capacity and ability to leave it behind us.  Medical conditions have a tendency to resist such forgetting; they remain as a constant reminder of our own mortality and vulnerability, and though we would wish for such a history of misery to be left behind, the daily reenactment of scenes of struggle remain as a constant reminder of the cruelty of the world around us.

Federal Disability Retirement through the U.S. Office of Personnel Management may not diminish the pain and constant reminders of our mortality, but it allows us to focus upon our health in order to move on with life.

Reenactment of scenes of encountering the daily adversarial and contentiousness of going to work; of the Federal Agency’s stubborn refusal to accommodate your medical condition; or of the medical condition itself which is a daily reenactment of life’s unfairness; these and many more reasons are why a Federal or Postal employee may take the important next step in preparing, formulating and filing an effective Federal OPM Disability Retirement application.

If you don’t want to repetitively view the reenactment of an endless struggle, contact an attorney who specializes in Federal Disability Retirement Law, and consider filing a Federal Disability Retirement application in order to get beyond the repetitive reenactment of the drama daily encountered with your Federal Agency or Postal Service.

Sincerely,

Robert R. McGill, Esquire

 

 

FERS Disability Retirement: Preparing for the unknown

How does one prepare for the unknown?  If the very basis of preparation is to prepare for something, how can you then engage in that activity if X is an anomaly, a conundrum, a mystery yet to be uncovered and revealed such that the prior stage of preparing for it can be accomplished?  Is there a necessity for the pre-preparation stage?  Does one have to prepare in order to prepare to perform the actual act of engaging the substance of that which must be prepared for?

Certainly, learning about a subject — reading, researching, analyzing and evaluating — prior to performing acts which constitute “preparation” is an important component, but how many people have time to do such things?

Nowadays, if a person is asked whether they can “do X”, we just whip out our Smartphone, Google it and watch a You-Tube video and declare, “Yeah, I can do that.”  Is that what self-appointed lawyers do, these days — winging it by quickly reading some summarization of an article, then head into court and stand before a judge and make motions, argue cases, etc.?

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, preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management may well become a necessity.

It is the “preparing” part of the entire process which may be the lynchpin of success or failure.  Yes, you can read various articles (including this writer’s many pointers, legal articles and the like), but always understand that each case is unique — as is yours — and legal guidance based upon the individual circumstances of a particular case is very important in preparing for the unknown.

The “unknown” is the Federal Disability Retirement process, the administrative venue and the bureaucratic morass that encompasses the entirety of Federal Disability Retirement Law, and while no lawyer should contend that he or she knows “everything” about a subject, an experienced lawyer can certainly provide for valuable “pre-preparation”, as well as the preparation and the substantive work on formulating and finalizing that which is yet unknown, but ready to be revealed, uncovered, and refined into a Federal Disability Retirement application that stands a good chance of challenging the unknown.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: The Kettle’s Whistle

Why do we invent such irritating devices?  When the jarring whistle of the kettle’s boil screeches to gain our attention, is it precisely for that reason — in order to remind us that there is water boiling, that a fire or burner is causing it, and that you cannot just leave it like allowing for the needle on a record-player to turn endlessly upon a music-less disc with soft scratches upon a rotation that is going nowhere (ah, those days when music was truly enjoyed!).

Are noises created to always reflect the reality of its source?  Does the sound of the waives match the soft lapping of the ocean’s beauty, just as the raging storm’s fury mirrors the torrent of rain and thunder?  When first a child hears the sound of a distant train, and only later sees the monstrosity that forms the engine and the caboose, does he or she reflect, “Well, that certainly didn’t turn out to be what I thought” —? Similarly, does pain match the warning of a body’s injury?  Does a voice that sounds purring parallel the gruffness of a wrestler’s weight?

If the kettle’s whistle is meant to irritate and to alarm, it is doing its job; and the kettle that fails to so whistle is one that has lost its purpose and utility, even though it still boils as well as the next one purchased in replacement of the one which lost its capacity to irritate.

Medical conditions are like that, as well — of the capacity to alarm, to trigger warnings, to possess a reason thereof.  We resist it; of the voice that says that change needs to be forthcoming.

For Federal employees and U.S. Postal employees 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 his or her Federal or Postal job, it may be that the kettle’s whistle is warning of an impending need — of a change.

Getting up, taking the kettle off of the burner and stopping the whistle is akin to preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management under FERS: For, in the end, the kettle’s whistle is merely the warning we needed, prompting us to act when all around us are indicators that what once was can no longer be.

Sincerely,

Robert R. McGill, Esquire