Federal and Postal Employee Disability Retirement: Meaning & Mediocrity

Although the words and the concepts behind them may never come to light, they haunt us throughout our lives without even knowing it.  “Meaning” is what drives an individual; the self-awareness of mediocrity is what tugs at us as we fail to achieve the goals which drive.

Most of us, at some point in our lives, come to the conclusion that — though each individual is unique and possesses certain talents and exceptional qualities — mediocrity is what defines us.  Yes, yes — when we were children of loving parents, they constantly drilled into us the “special” gifts we were to the world, of being “the best” and how we could grow up to be anything we wanted, etc.  But at some point in adulthood, we came to the realization that there were others, as well, who were better at things than we were, and that the vast majority of individuals reside somewhere in the middle of talents disbursed at the gates of birthrights.

Yet, despite that realization that we belong to the ranks of mediocrity, we find meaning in the things we do, of who we are and of what small accomplishments we can achieve.  And that’s okay — for, not everyone needs to be a superstar or take the lead role in life; every theatrical play must have minor role players; otherwise, there would only be a one-person act, and that can become boring, fast.

Meaning is what fuels the engine; a realization of mediocrity is merely a reality-check that is relative.  One needs only to look up at the stars on a clear night to reveal the insignificance of our existence relative to the vastness of the universe, no matter how talented we are.  Yet, to the pet dog or cat (the latter is added only to avoid discriminating against cat-lovers) who is well taken care of, and whose lives are one of comfort and love — for them, the master is not among the ranks of mediocrity, but of a special set of individuals taken in the highest regard.  And from that small hollow of greatness, meaning can be extracted.  For, what better meaning in life than to give another living being happiness and joy?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition has likely ended one’s career with the Federal Agency or the Postal Service, filing for Federal Disability Retirement benefits often leaves one with a sense of mediocrity and loss of meaning.  Yet, like all processes, it is simply another bump along the rough road of life, and it is important to realize that there are other things to achieve beyond one’s Federal or Postal career, and that meaning can still be found after the end of one’s Federal or Postal career.

Consult with an Attorney who specializes in Federal Disability Retirement Law today, and begin to find greater meaning in a world beset with mediocrity; and, in the meantime, go and pet your dog or cat, for they find great meaning and certainly do not see you among the ranks of mediocrity.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employees with Disabilities: Simplifying the Complex

Genius is to comprehend the complex; competence is to utilize it; adequacy is to merely get by with it; to be lost is to become mired in it.  The world is complex.  Balance in a life is complex.  Trying to survive in a complex world requires a balancing act that even the most skilled tightrope acrobat can barely accomplish.

Once, when a reporter asked a mountain climber who had successfully scaled the North Face of the Eiger “why” he does what he did, the reply was: “When I am climbing, my only focus is to survive.  I do not need to think of anything but the next step, the next hold, and to ascend inch by inch.  Nothing else matters but the moment.”

But that life could be lived within the paradigm of that philosophy — of “living for the moment.”  To do so, of course, would require setting aside the baggage from one’s past and ignoring the tumultuous considerations for the future.  For most of us, we simply cannot live like that.  In this complex world, we try and “get by” through simplifying it — bifurcating it into comprehensible and digestible components; attending to each one at a time; then starting all over again at the beginning of the next day.  To simplify the complex is a skill-set that one must attain in order to just survive.

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 complex universe of an administrative process like filing for Federal Disability Retirement benefits is a bureaucratic morass that will often require legal advice, guidance, assistance and counsel.

It is the job of an attorney who specializes in Federal Disability Retirement Law to simplify the complex.  Consult with an attorney who specializes in Federal Disability Retirement Law when preparing, formulating and filing for Federal Disability Retirement benefits, lest you find that the complex remains too complicated and the next mountain to climb has become too steep an obstacle, like the North Face of the Eiger.

Sincerely,

Robert R. McGill, Esquire

 

Applying for FERS Disability Retirement Benefits: Balance

It is what we want to maintain, whether on a tightrope, a ledge high above in an apartment complex, or just walking from the living room to the kitchen.  For, without it, the silent agreement we have made with the objective world would suddenly topple, and we would be lying horizontally and seeing the world from the ground up, as opposed to the vertical manner in which we ambulate, and observing the world from above.

In our lives, as well, in addition to the manner in which we walk about, we talk about maintaining a “balance” — a metaphor, surely, about the proper coordination between work, personal time, family interaction, activities with or without relations, and the healthy engagements needed in order to perpetuate a semblance of sanity.  We also talk this way about the medicines we ingest; of dietary balance, chemical imbalances and a more Aristotelian view of remaining in the “middle ground” where the two extremes are avoided.

Life itself is a force to contend with; for, it is “life” in general which is in a constant battle against us, trying to tip our equilibrium and mess with that “balance” that we all strive to maintain.  Medical conditions, as well, suddenly tip the balance with gale-force winds that irreverently disregard our wants and needs.

For Federal employees and U.S. Postal workers who sense this “out-of-balance” world because a medical conditions has tipped the scales and made everything out of whack, filing for Federal Disability Retirement benefits through OPM may be the answer you are looking for.

Medical conditions themselves have a way of making life “out of balance”, and it may be that a Federal Disability Retirement annuity is what is required in order to bring things back into their proper order and balance. Consult with an attorney who specializes in FERS Disability Retirement Law; for, in the end, it is balance maintained which allows for the regaining of one’s health, while all of the “rest of it” is trying to perpetuate the chaos of imbalance.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Future Robbing Present

How much time do we spend worrying about the future?

In this concerning age, where debts keep rising, expenses keep increasing, wages remain stagnant and instability around the world continues as a reality we are all faced with — the amount of time spent in anxious anticipation of a future not yet established is a reality which we all must constrain.

Planning for the future is a necessity; articulating plans and loosely following them, a nuisance; but what of worrying about a projected experience not yet upon us — is it a mere waste of time?

The future robs the present by keeping our focus outside of the experiences of the present; whether by brooding about it, being lost in thought for it or merely fidgeting with anxiousness towards it; it all amounts to the same:  The joy of a present experience is lost because of the worry which overwhelms us.

Of the past — we tend to relish or regret it; but inasmuch as it is something that has already occurred, we do not obsessively remain in that time slot; unless, of course, we fear the consequences of past actions upon future events.  But it is for present circumstances that may trigger future worries — as in a medical condition currently experienced that we project into the future as to the medical condition’s capacity to impact our anticipated lives.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition will likely prevent the Federal or Postal worker — in the future of, say, 6 months hence, 12 months beyond, 3-5 years of becoming — from performing one or more of the essential elements of his or her Federal or Postal job, it is always a good idea to consider early in filing for Federal Disability Retirement benefits under FERS.

If worry for the future is robbing the present, then it is time to consult with an Attorney who specializes in Federal Disability Retirement Law.  Worrying about the future will not change or alter the course of events yet to come; to prepare for a pathway towards such change for the future, it is wise to first consult with an experienced Federal Disability Retirement Attorney, lest the future come upon you unprepared and like a thief in the night robbing you of your present.

Sincerely,

Robert R. McGill, Esquire

 

Federal OPM Disability Retirement: Hope for tomorrow

Tomorrow”, as a word written today, pointing to a dimension beyond; to a vantage and perspective not yet realized, and forever to be referenced by a future date yet unknown.  When read tomorrow, it leads to the next day; and when looked upon the next day, to the following day again; and in this eternal sequence of tomorrows, whether written today, tomorrow or the next day, it forever reminds us that hope lies not in the morass of today’s problems, but in the change of things yet to be realized.

Yes, yes — we all recognize the scoffing that often surrounded the political banner of that famous phrase, “hope and change” — but that is merely because the potency of words, concepts and formulated paradigms lose their efficacy once they are used within a public arena that turns into a campaign slogan. Hope is always for tomorrow; for, without tomorrow, hope remains fallow as the desert that once promised a fertile reserve but never realized the rivers that had dried up because of the changes of the subterranean shifts in tectonic quakes that others failed to predict.

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 hope for tomorrow will often include the preparation, formulation and filing of 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 and CSRS Offset.

Today is already filled with the overwhelming problems that beset any Federal or Postal employee with a medical condition; it is for tomorrow that an application for Federal Disability Retirement must be considered, and that is the ray of hope that includes tomorrow, and the day after, in preparing and formulating an effective Federal Disability Retirement application — today.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Inconsistency and specificity

The two legal standards dominant in a Federal Disability Retirement case must often be alternatively applied depending upon the nature of the positional duties involved.  It may be appropriate to speak in terms of “functional capacities” and specified duty restrictions when it comes to physical work that involves descriptive mechanical work — i.e., being able to lift a certain amount (for most Postal employees, up to 70 pounds); bend, lift, stand repetitively throughout the day; or even in climbing ladders, remaining balanced while working on a scaffold; utilizing power tools, etc.

For more cognitive-intensive, focus-driven administrative/executive positions that require sustained and sedentary periods of consistent application, the more generalized standard as pronounced in Henderson v. OPM may be better argued — one of inconsistency and incompatibility between the job duties as a whole because of the cognitive dysfunctioning that results from the high distractibility of pain, lethargy from Major Depressive Disorder or paralyzing panic attacks from Generalized Anxiety Disorder, etc.

Or, take the work engaged by an Air Traffic Control Specialist — there is an admixture of the “inconsistency standard” as well as “specific” elements where sustained focus and concentration is reliant upon the safety and lives of hundreds, if not thousands, of people.

The two legal standards in a Federal Disability Retirement case are not mutually exclusive, and they need not be argued so before the U.S. Office of Personnel Management and beyond, at the U.S. Merit Systems Protection Board (M.S.P.B.).

Medical conditions need to be described in a “nexus-form” to the positional demands of a Federal or Postal job, for ultimately that is what a Federal or Postal employee who is filing for Federal Disability Retirement benefits is retiring from — a position description, and not necessarily the actual job that one is working at.

The medical condition that the Federal or Postal employee is suffering from may both be inconsistent and possess descriptive specificity which require restrictions; and, conversely, it may be that certain elements of one’s Federal or Postal position description may require restrictions, leading to the conclusion that the position as a whole is inconsistent with the suffered medical conditions precisely because of the specific, 1-to-1 ratio of “essential element” to “identified medical condition.”

Thus can both standards be argued and used as a sword against OPM”s argument that “specific elements” need to be shown in each and every case, which is simply NOT the case.

Sincerely,

Robert R. McGill, Esquire