Tag Archives: fighting a proposed termination of benefits by owcp: is it even worthy?

Federal Disability Retirement Benefits: Toxic Associations

At some point, the “distancing” begins.  First, a subtle move — not saying “hello”; not answering a phone call; avoiding the places where the usual meetings once took place.

Then, perhaps the prefatory denials: “We weren’t really friends” (an adverb to enhance the denial, but a form of grammatical insertion which is more telling when used than not applied at all); “Oh, I didn’t know him hardly at all”.  And then the final nail to the coffin: “Who?  The name is not familiar.”  Well…how about these photographs which show that you were with him/her multiple times?

Toxic associations can range from the blatant to the subtle; but once the toxicity becomes apparent, the rats begin to abandon ship in droves.

Federal and Postal employees who suffer from a medical condition are often treated as such associations — “toxic” to the extent that they are looked upon as plague-filled individuals who are no longer a member of the “team”.  When those allegedly toxic associations begin to be felt — of coworkers ignoring you; of supervisors looking at you with suspicion, etc., it is time to consider filing for Federal Disability Retirement benefits.

Your medical conditions are often viewed as contagious — not in terms of transmitting diseases, but in terms of no longer being useful to the Agency or the Postal service.

Contact a Federal Disability Attorney who specializes in Federal Disability Retirement benefits and begin to disassociate yourself from the toxic associations — theirs, not yours — and file an effective Federal Disability Retirement application under FERS with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Lawyer

 

OPM Disability Retirement: Horror Tales

Whether of Edgar Allan Poe’s many tales, like The Tell-Tale Heart or The Black Cat, or perhaps a taste that extends to more modern versions, of the Stephen King genre, people like to scare themselves silly, and then to be able to declare, “It was just a story”.  Whether reality reflects fiction, or that fiction can never truly recreate and mirror the sins of our own existence is a debate that will perpetually persist.

The horrors of genocidal mankind — from the Roman era of stadiums filled to capacity to witness cruelty as entertainment, to the Holocaust and Pol Pot’s mass killing fields; to the machete-wielding genocidal killings in Rwanda between the Hutus and the Tutsis; there never seems to be a lack of horror stories, whether by creative imaginations or in the reality of a universe gone berserk.

We read about them; experience nightmares of a reality so steeped in absurdity that they awaken us with a cold sweat; and some few of us have lived them, whether in wars, by being innocent bystanders, or somehow corollary victims otherwise referred to as “collateral” damage.  Each one of us walk about with horror stories; some of insignificant vintage narratives; others, of consequential victimhood to such an extent that we disbelieve our ears or refuse to listen to the whole story.

Then, there are the daily horror stories; maybe they don’t count as such and few would even bother to listen — like Federal and Postal employees who suffer from a medical condition and where the medical condition is about to end the once-promising career that has suddenly hit the “pause” button and ceases its once-ever-trajectory towards an upward trend.  Medical conditions at any age are “horror” stories that are often kept secret, stuffed in envelopes of silent lips unopened, and festering in the suffering inner minds of zombie-like peoples walking amidst the turmoil of a world gone berserk.

For Federal employees and U.S. Postal workers who suffer from a medical condition and need to prepare, formulate and file 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, the horror stories one carries about may not quite meet the plot or characters of an Edgar Allan Poe tale, or a Stephen King twist; but for the individual who must live and suffer through the process of ending one’s career and fight for Federal Disability Retirement benefits, the tale of horror is nevertheless real, and consulting with an attorney who specializes in Federal Disability Retirement Law may well blunt the ending of a tale which is fated to otherwise end in a fit of screams and mayhem.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: Sign Posts

Whether used as a noun or a verb, the second grammatical appendage can have multiple meanings: as a stick of lumber; as an activity placing information, warning, directional declarative or similar linguistic affirmations; and the combination of the two words can be read only within a greater contextual enlightenment depending upon what meaning is meant to be conveyed or how the inflection and accent is emphasized.

As a mere stick of lumber, it is a rather boring concept, even when attached to the first word, “sign”, precisely because the focus is upon the “post”, and so the emphasis goes directly to the sturdy piece of wood and not to the interests of the information posted.  If, on the other hand, one means to connote a different linguistic avenue – of different and varying posting of signs, then our interest is tweaked because we are immediately drawn into the various and wider universe of warnings, directions, admonishments and disseminated information useful to everyday living.

Sign posts are meant to guide, warn, betray or inform; and between the spectrum of the duality of linguistic translations, there is a natural reflection to life’s everyday humdrum itself.  For, like the analogy between information posted or merely a stick of lumber, living life is likened to a wide spectrum of activities mirroring boredom and repetitive monotony, and those instances where sudden tumult and excitement makes for an interesting day.

Being healthy can be viewed as a form of boredom; it is like the person focusing upon the stick of lumber, even if there are signs posting some warnings.  And, correlatively, when sickness and debilitating medical conditions occur, the viewpoint and perspective alters dramatically, such that the monotony of the piece of wood is now replaced with the blare of the warning, admonishment and legal declaratives, and life becomes a tumult, not merely a lapping wave but a tsunami of devastating impact.

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 the positional duties of the Federal or Postal employee’s job, the alteration of the perspective – whether seen as a “eureka” moment, a modified weltanschauung, or some reflective recognition of changed circumstances – the point is to shift the focus from the stick of lumber to the sign post itself: the job, the harassment, the constant antagonism and acrimony in the workplace – these are all the stick of lumber; one’s own medical condition, dealing with the doctors, the deterioration of one’s physical, emotional and mental capacity – these are the “signs”.

What we focus upon will determine the course of one’s future; and preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is the combination of both words as a compound concept: of recognizing the sign posts, and dealing with it accordingly.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: If not X, then at least Y

Many such contingent annotations are in the form of:  If not illegal, then at least unethical; or, if not unethical, then at least lacking of propriety, etc.  It is the pathway to a lesser acceptance, where the focus of one’s aspiration is lowered because of the inevitability of discovering that evidence insufficient will be uncovered.  Thus can one go on ad infinitum in various but similar forms:  If not happiness, then at least some semblance of contentment; if not a soul mate, then at least someone to share my experiences with, etc.

But what if that “replacement” standard turns out to be less than acceptable over time, through duration of toleration, and during cold nights when boredom no longer excites in playing pinochle while the kids are asleep?  Or, if the infractions and constant infringements persist with no end in sight, and no appropriate definition of a violation such that there are penalties to be ascribed and consequences to be felt?  Do we then accept an even lesser paradigm, and if so, how do we know that such diminution and diminishment of acceptance won’t again be averted and avoided?  Thus, do we assert:  If not X, then at least Y; but if Y doesn’t work out, then at least Z; and so on?  When first one submits to the acceptance of a lesser standard, the proverbial horserace has already been lost.

In negotiations, in contractual disputes, in attempting to come to terms, etc., the sign first evidenced of conceding the lesser standard is the first indicator that the slippery-slope has just begun.   There are instances, of course, where the opposite is true, as well, except that we can rarely discern beneath the surface appearances.  That is what Federal and Postal workers who suffer from a medical condition, such that the medical condition impacts the Federal or Postal employee’s ability and capacity to perform the essential elements of the Federal or Postal employee’s positional duties, must face and accept daily – the conflict between an aspirational paradigm of hope, and the reality of daily pain and anguish.

Thus, for the Federal or Postal employee, we have:  If there is lesser pain today, perhaps I can last through the day; If I show that I am productive this week, then maybe the supervisor will just leave me alone, etc.  As if, “lasting through the day”, or just “being left alone” for a week, a day, an hour, etc., are acceptable standards for living life?  That is why abandonment of all prior paradigms must often be employed in the journey of life, career and fortitude of endurance; we tend to cling on to categories of an “ought” no longer applicable.

For the Federal employee and U.S. Postal worker who can no longer endure the acceptance of the lesser standard when there is an alternative to the constant suffering and persistent harassment at the Federal agency or the U.S. Postal Service, fortunately, there is the ongoing benefit of a Federal Disability Retirement annuity.  Even for that, the road is still difficult and arduous, for the U.S. Office of Personnel Management, the agency that determines all disability retirement applications, does not merely “hand out” the benefit.  Like everything else in life, it must be fought for.

But, then, the Federal or Postal worker who fights for a Federal Disability Retirement benefit can retrospectively declare:  “If not the constant and daily struggle, then at least an annuity to secure my future” – the “exception” to the rule, where the lesser is in fact the greater, but is not always apparently so.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Generational Transfer of Wisdom

If wisdom is the collective knowledge, information and experience of a culture, then the loss, refusal or rejection of such historical amassing of purposive accrual of cognitive aggregation would result in the disintegration of a cohesive identity.   Foolishness can therefore be defined as the state of reinventing the wheel at every turn, merely because of a stubborn refusal to listen and learn.  And that is precisely the current state of modernity; youth portends to pretentiousness; all of knowledge is discovered only today, and the older generation knows not the profundities of present-day philosophers who tweet daily gems of lifestyle advisories and post declarative idleness of incomprehensible vacuities.

The generational transfer of wisdom appears not to occur, as age determines relevance or signification of acceptable attributes, and pop culture and kitsch are the declared values of societal constructs.  Then, where does that leave the vulnerable and infirm?  The rejection of generational transfer of wisdom is merely an indicator; what it points toward is a greater denial of values, truths and ethos of a culture.  It begins with a coarsening of normative boundaries of conduct, and progressively crumbles the inherent foundations of a society.

For Federal employees and U.S. Postal workers who have witnessed the increasingly adversarial environment of the Federal agencies and U.S. Postal Service, the measurable and palpably observable abuse and neglect of basic rules of conduct and behavior are harbingers of greater stress and intolerance.  Federal and Postal employees are always asked to do more with less; and when a medical condition enters into the equation, the need for accommodating — even temporarily or for extended periods of absences or predetermined blocks of time — becomes a mere formality for discrimination and dismissal.  Medical conditions are a part of life — and how we deal with individuals with medical conditions constitutes the character of a person, group and society.

For Federal employees and U.S. Postal workers who suffer from the duality of adversities — the medical condition itself, and the cold disregard of the Federal agency or the U.S. Postal Service — consideration should be given to filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Does the Federal or Postal employee need the advice and guidance of a Federal Disability Retirement lawyer in pursuing Federal Disability Retirement benefits through OPM?  That is a microcosm of the greater question of rejecting the generational transfer of wisdom as reflected in society as a whole; for, as the fool in Shakespeare’s tragedies often imagines himself to be the final word on all matters of importance, so the resulting destruction in the final act in both the play and of life is often costly, if not predictable.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Benefits: Shame

Anthropological commentators have variously pointed out that the human being is the only one of the social animals to exhibit the characteristic of shame, and then quip with a spirit of mocking sharpness, “and the only ones who have a need to be”.  But the problem of shame is that the responsiveness exhibiting that overwhelming sense of self-immolation is often misdirected. Shame, or being ashamed, can occur resulting from the collective behavior of others, where a majority opinion can persuade through ostracizing, manifesting group hostility, or through persistent hammering.  It can even be through the misinterpretation of the normative behavior and conduct of acceptable societal customs and social rules of engagement.

For Federal employees and U.S. Postal workers, such a misdirected response is often seen when a medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s job.  For the Federal or Postal employee who feels such “shame”, there is often a dual track of thought-processing:  A.  The Federal or Postal employee is unable to do all of the positional duties assigned and expected, and as a result, one feels “shame” for that lack and growing inability, and B. the medical condition itself makes one “ashamed” because it constitutes a reduction of the whole person, and the societal stares and hushed whispers reinforce one’s self-image that, somehow, one is “less” than the aggregate shown by the collective others.  And there is often a third, where:  C.  As work has become the source and sole reservoir of one’s sense of worth and accomplishment, so the potential loss of it results in a growing sense of shame, embarrassment and self-hatred.

Indeed, the loss, or the potential loss, of one’s identity at the workplace is a profoundly devastating undermining of one’s own self image.  But that is where the misinterpretation of values originates; for, by placing so much emphasis upon the goal of a herd’s collective mission, one fails to properly prioritize an individual’s sense of self-worth.  Health, and the need to recognize one’s place within the greater context of society, must always be taken as the priority of life’s misgivings.

For the Federal or Postal worker who has misinterpreted the importance of work over health and family, preparing to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, is often a difficult trial to undertake.  But it must be so, and recognition that compassion is the antidote to the false sense of shame experienced when the fate of a medical condition begins to deteriorate one’s health, capabilities and ability to perform the essential elements of one’s Federal or Postal position, is to merely be human, and it is not even erring which acknowledges such humanity, but a condition of life which is neither the fault of the Federal or Postal employee, nor within the control of the future, but within the soft breath of the gods who smile upon the infirm with love and empathy — those true attributes of heavenly concerns.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Disability Retirement: Ritualistic Behavior

We persuade ourselves that only children play those games; of turning suddenly left, instead of right; of pretending to be asleep, only to unexpectedly open one’s eyes to test the reality of our surroundings; and other discordant acts in an effort to defy the predetermination of fate, as if the karmic principles governing the universe are subject to the vicissitudes of private thoughts.  But the anomaly of the unexpected is that, once a pattern of disjointed behavior itself becomes a monotony of the routine, the corridors of ritualistic behavior become entrenched and often prevents one from taking steps necessary to step outside of the proverbial box.

Conventional thought processes can themselves become ritualistic; thus do we believe that by neglect or avoidance, medical conditions will just “go away”; or that the increasing hostility and initiation of adverse actions by an agency will cease if we just “ignore” them; or if we just continue maintaining a semblance of competency, the incompetents will recognize and acknowledge the superiority of motives, and desist from the constancy of interruptive actions.  Such ritualistic behavior, however, has little to no impact upon the reality of the world, no more than when the child in us attempted to defy fate and the karmic gods which rule the universe.

For Federal employees and U.S. Postal workers who suffer from a medical condition, the route of exit from the madness of the universe is to file 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 plain fact is, no one cares for one’s health or well-being except the person who suffers from the medical condition, as well (one would hope) one’s family and spouse.

Reflection upon the priorities of life must always be reengaged; and continuing onward with vestiges of child-like ritualistic behavior, against all sanity telling us that things will not change despite our best efforts, will only prolong the agony and the angst of life’s unfairness.

Filing for Federal Disability Retirement benefits through OPM is available for those Federal or Postal employees who can no longer perform one or more of the essential elements of one’s positional duties, and while continuation with one’s agency or the U.S. Postal Service may be a laudatory goal revealing an undying sense of loyalty, it is the dying portion of our better selves which whispers the lie that ritualistic behavior can alter the course of human history within the microcosmic universe of karmic incantations.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government: The Run

Stockings and watercolors do it; time, with quietude and solace of a steady march, moving with predictable sequence like the consistency of a drumbeat; and, of course, the rhythm reminiscent of cardiac health, as do joggers and concerned citizens chasing down a purse snatcher to retrieve a possession of identity.  And life, too.

Sometimes, there is a good “run” of something — a lengthy period of calm and productivity, where all of the pistons of a complex and interactive mechanism akin to a turbo engine are firing away in tandem, and life is good, fruitful and positive.  But the inevitability of a breakdown can always be around the proverbial corner; a medical condition, suffered by a Federal or Postal employee, is not merely a stoppage of such a “run”, but can be a disruptive cacophony of ceaseless interruptions, both to career and to personal contentment.

The key is to get beyond, over, or around the obstacle which lands in the middle of one’s pathway for future well-being.  The child who fails to see the watercolors running; the invention of the stockings that never run; the life that seemingly runs smoothly; all, a perspective wrought at a price of neglect or deliberate ruse.  The fact is, life always has interruptions.

A medical condition can be a major one, and when it begins to prevent one from performing one or more of the essential elements of one’s positional duties, the Federal or Postal employee under FERS, CSRS or CSRS Offset may need to consider an alternate course and begin anew a run of a different sort.

Filing for Federal Disability Retirement benefits is indeed a change of course.  It involves a complex bureaucratic strategy to get from point A to destination B, and the administrative obstacles are many, but not insurmountable.  And, like the verb itself, it provides many meanings for differing circumstances, but the one and central root of the process involves embracing the paradigm that life is never as easy as one thinks, and like the child who believes that he is the next Picasso in training, the run of the unpredictable always betrays the truth of our condition.

Sincerely,

Robert R. McGill, Esquire