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

 

Lawyer for Federal Disability Retirement Claims: Games

How do we learn how to play them?  If we play Game-X, must we follow “all” of the rules ordinarily known and ascribed in order for Game-X to still be recognizable as such, or does it become “Modified Game-X”.

If little Toby plays his first game, but doesn’t know the rules, yet nevertheless realizes that games are “fun” because everyone else is smiling and seemingly excited, does the fact that the kid-who-knows-no-rules plays without knowing the limits and boundaries of the game make him into a participant, or a pariah?  Of course, if he stamps his feet in the middle of the game and declares that he doesn’t like the game, and walks off (even taking with him the proverbial ball), can we declare him to be a poor sport, an okay-sport, or any sport at all if he never knew the rules of the game in the first place and therefore never quite played the “real” game?

How about dogs — do they “play” games?  The dog that chases the ball but doesn’t want to bring it back to the ball-thrower, and instead runs away with it — has he broken the “rules of the game”?  How is it that dogs play games with their masters without ever being able to explain what the parameters of the rules are?

Then, of course, there is the slight modification in the term “games”, as in “games that people play”.  We all know what that means — of being insincere, fake, or otherwise putting on a double-face.  Why is that called a “game”?  Is it because it is not real, and constitutes a copy of “make-believe”, much like playing a game when we all know that it is not reality that is being rehearsed; and yet, isn’t playing a game — any game — just a part of the reality of the world we live in?  Why, then, is life bifurcated between “games” and “reality”, when in fact both are real in the sense that we are living a life of surviving, making a living, etc.?  Yet, we constantly distinguish between “playing” and “living”, as if there is a difference to be identified.

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 any longer performing all of the essential elements of the Federal or Postal worker’s job, career or craft, the preparations needed to come to a point of realizing that an effective Federal Disability Retirement application must be filed, often requires a recognition that the proverbial “game” is “up”.

Whether the Supervisors and Managers at the Federal Agency or the Postal Facility are up to their usual “games” or not — of harassment, derisive comments, making your life “hell” by increasing the levels of pressure or stress, is really besides the point.  What matters is that life itself is not a “game” at all, and those who separate games from the daily living activities don’t really “get it”.

Medical conditions bring to the forefront the reality of living, and the harshness of how people treat other people.  Yes, preparing 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, may seem like just one of those other “games” that have to be “played” — but the reality is that an effective OPM Disability Retirement application is a necessary part of life’s many facets of games and reality-based endeavors, such that the “rules of the game” always need to be consulted in order to “play” it well, and thus the first step is to learn the rules by consulting with an attorney who can advise on the rules themselves.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Balance and Order in a Lost World

Once achieved, death destroys; it is the anomaly of life, that the linear progression leads toward its own terminus, and by slow and incremental degeneration, its own vivacity is defined by a sense of self-immolation.  The realization of attainment almost always occurs upon surpassing the apex of an ordering of one’s life, and so the inevitable decline necessarily diminishes any joy derived from self-reflection of having achieved that balance and order for which we strive.

We can pursue a lifetime of studying Aristotle’s Nicomachean Ethics, and the goal to achieve eudaemonia by living a life of virtue in accordance with reason, and thus comply with the essence of who we are, what we define ourselves as, and thereby fulfilling the conceptual construct of our own inventions.  Or, we can “chuck it all” and attribute absurdity to the universe, genetic predisposition as the defining essence of our being, and justify the arbitrary course of our lives by deconstructing the classical ordering of our civilization’s teleology.

Few of us consider ourselves to be the master of our own destiny; and fewer still, of much influence in the steerage of our direction or course.  We tend to believe in the magic of, “If only…” while simultaneously ignoring our freedom from society’s constraints and liberty’s folly.  And when tragedy befalls, we blame the collective conspiracies of the gods who view us as mere playthings, fodder for unenlightened determinism no more complex than a belief in superstitions once thought lost in the antiquity of timeless reservoirs of forgotten bookshelves.

For Federal employees and U.S. Postal workers who must suddenly end his or her career because of a medical condition, because the medical condition no longer allows the Federal or Postal worker to perform all of the essential elements of the Federal or Postal worker’s position description, the loss of balance and order is not just a hypothetical paradigm, but a reality enforced by circumstances beyond one’s control.

Indeed, the “world” within which such balance and order is lost, is not attributable to some greater concept of geopolitical significance, but one which touches directly upon the ephemeral plight of the here and now.  The striving for balance and the need for order; these are fundamental constructs required to maintain sanity and joy; and when the imbalance of life combined with the disorientation tethered by an unexpected medical condition intersects upon the rhythm of daily living, the shaking up of an otherwise tranquil life can appear to be devastating.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is often the necessary step in order to maintain that balance and order forever sought, and now interrupted by the gods of chance; and while the penultimate destiny of life’s striving may now appear to have lost its rationality for direction and purpose, it is always in the striving that one finds a way, and preparing, formulating and filing an effective Federal Disability Retirement application is often a means to a further end, if only to again regain a semblance of that balance and order once gained, and now temporarily lost, in a world already lost but for the insular privacy of one’s own happiness.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Annuity: The mindset resulting in a witch’s brew

We can often dismiss antiquity with ease by relegating personalities to caricatures and stereotypes.  Thus, of the Crusaders, that they were merely simple folk unsophisticated in the evolutionary Darwinism of modernity; of Roman legions, fearful of punishment and brought up to bear the cruelty of his environment; or even of more recent vintage, the gunslinger out West — of Billy the Kid or Wild Bill Hickok, where legend surpasses the individual and becomes fact.

But a slight alteration of a vantage point can skew the perspective; and thus, when we focus upon the cauldron of the witch’s brew, as opposed to the personality who stirs and skims the steaming pot and tastes with a silent laugh the compilation of herbs, incantations and bones of lizards extinct but for the ghostly aura of a hand which discovers the mist of superstition, then we begin to truly understand the nature of human beings.

Even the modern day “curandera”, or traditional healer who must speak to the Andean underworld and mix the exacting drops of bat’s blood and seek out the plants and herbs in the harsh mountainous enclaves, possesses an aura of mystery unable to be discerned, unless one averts the eyes from the window of the soul and instead transposes upon the metal source from whence the steam arises.  Then, there in the transfixed embrace switching from the deepened riverbeds of facial ravines of the one whom we cannot comprehend, and corners instead upon the objectified universe out of the contextual historicity of predetermined ideas, we begin to understand.

We put faith in others, and repetitively so, and when the self-flagellation wrought by dependence upon the kindness of others is crushed beneath the weight of rejection and rebuttal, then and only then are we able to “move on” and pick ourselves back up in order to advance towards goals abandoned and dreams unfulfilled.

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 realizing the fruition of one’s career as a Federal or Postal employee, and must by necessity forego the compensatory benefits of job, career, TSP build-up and years of in-service accumulation; it is, then, time to consider 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.

Once a Federal Disability Retirement annuity is obtained, the time that one is receiving a OPM Disability Retirement annuity counts towards the total number of years of Federal Service, so that when recalculation occurs when the Federal or Postal employee reaches age 62, those years of Federal Service while receiving the Federal Disability Retirement annuity counts towards the recalculated annuity.

But first, the refocus of one’s perspective must occur, in order to alter the mindset from whence to proceed.

The Federal employee or U.S. Postal Service worker must begin to think “differently” from the personality occupying the identical space as “before”.  Like the mouth agape with wonder and the eyes of disbelief, the parameters of transfixed minds must change in order for change itself to occur.

Focus not upon the personality in history, but the object which remains constant throughout.  For, the cauldron which bears the aroma of a witch’s brew is not the same as the hand which stirs the pot; though, the ingredients of mystery and secrets unrevealed are lost in the historicity of timeless knowledge, and that is why the thought-process resulting from the witch’s brew is often as important as the personality who gathered the aura of potency lost in the steaming mixture of life’s hidden darkness.

Sincerely,

Robert R. McGill, Esquire

 

Early Medical Retirement from Federal Government: Berkeley’s House

He was an Irishman, and if one were to “rank” philosophers, he would likely be considered a “second tier” thinker — not quite at the level of Plato, Aristotle, Descartes or Heidegger — but certainly contributed to the Western Philosophical tradition of engendering even greater questions than solving any problems or settling any queries.

A little tidbit which is not commonly known: Bishop Berkeley came to the United States and purchased a plantation at Middletown, intending upon living there, until his expectation of funding failed to be forthcoming.  That is probably what he is least known for; the Latin phrase for which he gains the greatest notoriety, is esse est percipi — to be, is to be perceived.

An absurd and uncharitable interpretation of this foundational phrase, would be to attribute to Berkeley the idea that things in the objective world exist only to the extent that we perceive them; the moment such perceptual pervasiveness disappears, then, existence becomes extinguished.

A more rational view of his postulate, however, is to attribute Berkeley to the tradition of British linguistic philosophers, and to consider the following “implied” but silent intentions:  “The definition of what it means to exist, can only have meaning if, and only if, there is a perceiver for which the object is there to be perceived, and as such, existence as a concept of any meaningful import must by necessity have a perceiver”.

Without this kinder, gentler version of interpretive connotations, all manner of ridicule and scoffing have been thrown at the good Bishop — in the form of:  “So, when I leave a room, does it vanish?  And when I return, does it suddenly reappear?”  And in the days of Star Trek:  “Beam me up, Scottie, or in philosophical circles, Bishop Berkeley”.

It is, in the end, the absurdity of linguistic interpretation which ultimately relegated Berkeley to the “second tier” of philosophical thought; and from that unintended consequences resulting from an attempt to resolve a complex issue of metaphysical discourse, we can learn and discern much:  complexity sometimes cannot be circumvented with simplicity of declarative assertion; often, there is a reason why such a conundrum of linguistic inelasticity exists.

Thus, for the Federal employee or U.S. Postal Service worker who is intending upon preparing a Federal Disability Retirement application to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, the key point here is that, yes, your case may be quite complex, but the route to making it comprehensible to the administrative specialist at OPM, is not to try and simplify the core essence of the case, but to state the complex in simple language.

That is often the greatest difficulty with a Federal or Postal applicant in preparing one’s Statement of Disability on Standard Form 3112A — the narrative in response to the various questions will often meander and fail to achieve a coherency because everything from Dickens’ childhood details (which, as you may recall, Salinger scoffed at in his famous work, The Catcher in the Rye) to peripheral issues involved EEO complaints and workplace harassment concerns are thrown in for good or seemingly better measure, when in fact a simplified version based upon good habits of editing would produce a more effective statement of compelling narration.

For, in the end, postulating a Federal Disability Retirement application is not a matter of compiling a voluminous or complex treatise for persuasive discourse; it is to tell a coherent story of one’s inability to perform one or more of the essential elements of one’s positional duties with the Federal job or Postal position, and we need not defer to Berkeley’s House — whether as a historical tidbit or as the confounded thought processes extracted from his complex works — in order to prepare, formulate and file an effective Federal OPM Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire