OPM Federal Disability Retirement: Not Unhappy

There is the state of “being happy”; conversely, of “being unhappy”; but what of the neutral sense?  Can you be in a state of “being not unhappy” and, if so, what could it mean?  Is it a neutral mood — sort of like an emotional purgatory where you are neither happy nor unhappy, but of a state of measured deliberation, where most of us are throughout the greater slice of our lives?

Modernity demands the first; to experience episodes of the second state of emotional constitution is to somehow have something “wrong” going on; for, the cottage industry of “be happy” is devised to manipulate and commercialize a state of natural being which has been artificially characterized as a “negative”, and given the greater multitude of herd instincts and the inculcated belief that there is something wrong if you are either “not happy” or “unhappy”, it goes without saying that any “neutral” state of being is likewise unacceptable.

Yet, most of life is of a state of medium; and the archaic, arcane Western Tradition of the Aristotelian “middle way” — where neither extremes of emotions are the preferred stage, but rather, a governance of the appetitive nature by the intellect and reason constitute the near-perfect character — has long been abandoned, and now deemed unattractive.  But reality, in the end, has a way of creeping back into our lives, and the state of being “not unhappy” is where most of us remain, cottage industries of “being happy” notwithstanding.

For Federal and Postal employees who are unhappy, and wish to get back to the purgatory of humanity by being not unhappy because of a medical condition which impedes and interferes with his or her life, both professionally and personally, it may be necessary to consider filing for Federal Employee Disability benefits under the current Federal Employees Retirement System (FERS), through the U.S. Office of Personnel Management.

Neither chronic happiness nor persistent unhappiness are the natural states of Man; rather, the goal is to reach that purgatory of emotions — of being not unhappy — and it may be that, to reach that state of being, Federal Disability Retirement is an option to consider.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

Federal Disability Retirement Law: Selective Knowledge

The universe of information is limitless; thus, we have no choice but to selectively choose what knowledge to garner, use, apply, store, etc.  Furthermore, not all knowledge is equivalent; and, even if relevant or significant, may not be of any use to a given individual.

Additionally, knowledge is a funny animal; some slices of knowledge may be desirable to one person, but entirely dismissed by another as being frivolous or trivial — which, of course, for some others, “trivial” or the root word, “trivia” is precisely the type of knowledge which is desirable.

Thus do we meet a wide spectrum of people, both knowledgeable and ignorant, or an admixture of both:  Some are precise and take pride in the sourced information; others believe that informational sources are merely a distraction and all of that is merely bosh; we can just speak as if we have knowledge, form opinions without much knowledge at all, and do it all with self-confidence, ending up with a generation of know-it-alls who merely Google the information when asked for any specificity.

For, modernity is not about memorizing by rote-learning, anymore, but about one’s self-esteem and how one “feels” about one’s self; in other words, a generation of ignoramuses.

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 one’s Federal or Postal job, knowledge about the laws governing the Federal Disability Retirement process is both relevant and significant.  And, while it is not limitless, it is nevertheless complex and complicated.

Instead of trying to make sense of the universe of information in the Federal Disability Retirement arena, contact a FERS Disability Attorney who has selectively garnered the knowledge specific to Federal Disability Retirement, and applies it knowledgeably, fruitfully, artfully, professionally, relevantly, and with the greatest of care.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

OPM Disability Retirement for Federal & Postal Employees: Identity

“One day I woke up and looked in the mirror, and realized that I was no longer the person who I thought I was.”

Is this a line from a novel?  Or, perhaps a thought which so many people have considered?  Or even a universal realization which comes as no surprise to anyone.  Who am I?  Who are you?

Do such queries become satisfied by taking out one’s driver’s license and declaring, “Here. This satisfies the question.  This proves it!”  Yet, somehow, we all know that it doesn’t.

People who search for their family “tree”; the uptick of businesses which match one’s DNA to various geographical markers; the rummaging through old photo albums, cellar chests and basement hideaways which might reveal something more than the rat race of paying bills — we all seek relevance in a universe which considers identity to be besides the point.  And when an event further diminishes one’s identity, what then?

For Federal employees and U.S. Postal workers whose identity has been inextricably tied to one’s job, position, career, etc., within the Federal government or Postal Service, filing for FERS Disability Retirement may be a traumatic but necessary next step.  It is always difficult to part ways from one’s identity as a competent working-X; but it may be necessary, precisely because the medical condition no longer allows you to remain attached to that identity.

Contact an OPM Attorney who specializes in Federal Disability Retirement Law, and consider the future and what identifiable identity you wish to pursue in the years to come.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS: The Memory of Time

Ogawa’s novel, The Memory Police, is a dystopian narrative with an interesting theme: How long do memories last upon the disappearance of a person or thing?

In the novel itself, of course, the memory is somehow erased concurrently with the disappearance of the entity; but in real life, how long are we able to hold onto a cherished memory — of a person whom we were fond of; of an event or occurrence which was significant in our lives; of an object no longer in use?

Who remembers, for instance, those “bag phones” that we plugged into the cigarette lighter of our car?  Or of days when a horse was the only mode of transportation?  Is the art of knitting quickly vanishing because people no longer have the time to engage in an activity which not only takes time, but requires patience and sustained sedentary focus?  And even of days — if all calendars and indicia of days marked and months delineated segments were to vanish, how long would we be able to retain a memory of “time”?

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 memory of time is often a vanishing of that time before the medical condition began to have its impact upon you.  There was a time before the medical condition; now and for the immediate future, it is the focus upon that medical condition which seems to dominate everything.

Consult with an attorney who specializes in FERS Disability Retirement Law and begin to consider a time before, when the Memory of Time was of a time when your Federal or Postal career was not dominated by a memory of constant harassment by your agency or the Postal Service.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: The person I once knew

We all carry about that image of who we once were; or, perhaps of many of the person we once knew.  Which memory-bank do we wash upon, once the shores of present images dissipate and the lapping waves of bygone days have begun to fade, like the vestiges of old photographs submitting to time’s ravages in the decay of life’s cycles of natural degradation?

The person I once knew — was it of the boy who sat upon a beach and giggled as the foam of gentle waves sang upon the tickling bare feet?  Or the teenager who had acted like a fool and allowed for regrets to shadow one’s conscience for having been unkind to the unpopular girl who later turned into the beautiful swan and sang the merriment of forlorn days away?  Or of the young man or woman who had hopes and unlimited dreams that somehow were closeted for a future time, never to be reopened to dust them off when the opportunities had come and gone?

The person I once knew was the one who defied danger and laughed in the face of a greasy cheeseburger, but now is fearful of the next health crisis and the pain that wrings the neck of a squawking chicken.

For the Federal or Postal employee who suffers from a medical condition where the medical condition begins to prevent the Federal or Postal worker’s ability and capacity to continue to perform all of the essential elements of one’s Federal or Postal job, it is no longer important to consider the person whom once I knew, but rather, the person who will move forward into the future.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is an indication that the greater importance of one’s future self is being recognized as opposed to the person I once knew, thus allowing for the past to be buried in favor of a future still bright with tomorrow’s promises.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Putting it all together

It is the disparate and disconnected narrative that often remains deficient — just short of the finish line and like the runner who suddenly steps upon a pothole on the road to the ticker-tape parade, the discombobulation that ensues can throw the entire coordination off, where feet become entangled and the arms fail to swing in rhythmic motion.

Have you ever watched how some runners have perfect coordination — arms swinging in cadence, the effortless motion of the legs, like the “feel” of silk upon a windy day where nothing gets entangled and everything is in perfect synchronization of timeless beauty?  Or, what of a child who has just begun to walk, trying to run — are they not all legs and arms bundled into a web of discord?

Putting things “all together” is like the runner who must coordinate breathing, arms in motion, legs in cadence and eyesight in guiding — of a perfection reached in order to arrive at a destination point called “the finish line”.

For Federal employees and U.S. Postal workers who need to file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the key to a successful outcome is partly based upon coordinating all of the elements into a synchronized whole — of the medical records and reports; the Applicant’s Statement of Disability (as reflected on SF 3112A); of the legal arguments to be made and referenced, both as a shield (e.g., of preemptively countering any claim by the Federal Agency or the Postal Service that an “accommodation” has been provided) as well as a sword (e.g., asserting the Bruner Presumption where applicable, or the due consideration that must be given to VA Disability Ratings, etc.); and all of the other details besides.

“Putting it all together” may seem like an effortless feat for an experienced runner, but for the Federal or Postal employee who is suffering from a medical condition, who must put a Federal Disability Retirement packet all together, some assistance from an experienced “runner” — an attorney who specializes in Federal Disability Retirement Law — might be in order.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability: Casting caution aside

Does it count if you didn’t mean it that way, but others perceive that you did?  If you do X but intend Y, but others think that your X was intended as X, is it still valid?  And how does validity work, here — is it only if you declare to the world what your intentions were in the first place, or if you smile slyly and keep your inner intentions a secret, does it still count as “valid”?

Isn’t that ultimately what we are afraid of when we act upon something — that someone will think one way and we want them to think another, or otherwise there is some lack of correspondence between truth and the thoughts within?

When we are casting caution aside and others warn us of our impetuosity, do we pause and care to “correct the record” because we worry about what others might think?  Isn’t that one of the underlying reasons why Federal and Postal workers fail to initiate the process of preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset?

We avoid that “tag” that everyone abhors — of a “malingerer” within the ranks.  Too much sick leave taken; not quite at the productive levels we once had a reputation for; excessive LWOP; constantly having appointments at the doctor’s office; and, suddenly, we believe that others are “staring” at us, judging us, whispering behind our backs.  Are they?  Or is it just my imagination running amok and creating a surreal universe of misperceived paranoia?

We become cautious, tentative, unsure of ourselves, wondering what our coworkers and supervisors are thinking.

Casting caution aside is not always an act of unthinking impetuosity or even of a gambler’s mindset. For, when a medical condition is involved, the only issue that matters is one of prioritizing one’s health, and preparing a Federal Disability Retirement application is often the best option available, and while others may consider the process as another pathway in casting caution aside, they simply do not know what you have endured, suffered and gone through before coming to such an important decision.

In the end, the universe of the subjective can never be judged by the mere appearances of the objective, and one’s opinion concerning the health of another cannot be valid without first experiencing the medical condition of the person suffering.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Once upon a time…

There are such fairytales, as well as reminiscences of a bygone era; or, when a traumatic event in one’s life bifurcates a “before” and differentiates from the “after”, such that we wanly smile and with eyes distant for yearning of a time now gone forever, we whisper to ourselves, “Once upon a time…”

Old men do that; grouchy grandmothers relegated to nursing homes and old people’s enclaves; those who have variously been diagnosed with “personality disorders” or other such general umbrellas that allow for living in a previous timelessness of shallow memories; but the uniqueness of the phrase is that, for old people and other grouches, to whisper, “Once upon a time…” is to look backwards; whereas, for children, when the story begins with, “Once upon a time…” – it is forward looking, to a world of imagination and creativity.

Yes, the story itself may have the setting of a time before, but within the child’s imagination, he or she is projecting forward in the wayward paths of creative fantasies.

Then, of course, there are people who are beset with medical conditions – such as Federal or Postal workers who are under FERS, CSRS or CSRS Offset, who can no longer perform one or more of the essential elements of the Federal or Postal position occupied, and who whisper in a soliloquy of sorts, “Once upon a time…”

Such reminiscences bifurcate a time “before” and a time “after” – where there was life before the onset of the medical condition, and the living hell after the medical condition became, and remains, a chronic state of being where pain, discomfort, inability to attain any restorative sleep, and profound exhaustion and fatigue sets in.

For that Federal or Postal worker who suffers from such a medical condition, that the Federal or Postal worker can no longer perform one or more of the essential elements of one’s Federal or Postal job, the decision to file for Federal Disability Retirement benefits becomes also a kind of a “Once upon a time” moment.  For, once an OPM Federal Disability Retirement application is approved, and the Federal or Postal employee no longer needs to struggle with the essential elements of one’s job, perhaps the Federal Disability Retirement annuitant can look back and whisper, “Once upon a time…” – but like the child who states it with a forward-looking smile.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: The Indeterminate Deterioration

Some events come with it a specific date, and even a time; others, within a span of identified moments and blocks of weeks, sometimes months; the rest, undetermined, unspecified, like the lost soul who wanders the traversing echoes of eternal reverberations left to the sifting cleansing of a foaming ocean washing and lapping, ever repeating the comforting sounds of surf and salt strolling like the footprints gone in the sands of countless castles disappeared.  But that medical conditions would conform to the science which attempts to treat, and approach one with technical precision and certitude.

When did you first notice the symptoms, the kindly doctor asks, as you scratch your head and stutter forth an incomprehensible gibberish of a response.  A similar question is posed on SF 3112A, concerning the “date” (approximate) the Federal or Postal employee became disabled from one’s position.  How does one answer such a question?  Fortunately, it asks not for a day or time, but merely the month and year, and to that extent we can be thankful for its inherent foresight.

For Federal employees and U.S. Postal workers who attempt to answer this question without much thought or reflection, be forewarned and with a hint of suspicion; trap doors abound everywhere, and while one may overstate issues like the paranoid cousin who points a telescope not at the moon and stars, but directly at the next-door neighbor’s bedroom window, it is well to consider carefully the answer to be given.

The context of intermingling meanings:  Was it during one’s tenure as a Federal or Postal employee (for those separated but contemplating filing within 1 year of being separated from Federal Service)?  Will it prompt the question, Does the medical condition last for a minimum of 12 months, including the time encapsulating the prognosis of the doctor?  Does it coincide with any event or issue arising at work?  Does the date identified precede any adverse action promulgated by the agency or the U.S. Postal Service?  Truth is always the guide for integrity in all cases, but the reality of a medical condition is that time is often discovered on a spectrum, where chronicity and deterioration spans over many months, and often years.

To pinpoint is to be precise; but where deterioration is progressive and indeterminate, the fading sounds of an unspecified echo which bounces from cave walls to the expansive skies beyond the realm of certainty, the date recognized may be one which floats and fades like the dust of angels left as a residue of virtue.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement: Subtle Warnings

Subtlety is not an inherent trait of the American psyche.  As pragmatism and materialism dominates the prevailing thought-process, the capacity and ability to recognize and act upon indirect signs and hints is underdeveloped and considered a disadvantage.   From recognizing the early warning signs of a medical condition, to responding to an agency’s initiation of adverse administrative proceedings, the Federal employee and the U.S. Postal worker is marked for his or her naive forthrightness.  Thus the recurring quip:  “Why can’t they just come right out and say it?”

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact one’s ability and capacity to perform the essential elements of one’s positional duties, the need to recognized and act upon subtle warnings becomes a necessity crucial for survival.  Timeliness matters; planning for the future requires a thoughtful recognition of harbingers of hazards.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal Service worker is under FERS, CSRS or CSRS Offset, is often like the childhood game of  “cat and mouse”.  As a game involving constant pursuit, avoidance of capture, near-misses and resumption of pursuit, staving off administrative sanctions, actions and similar initiations of contrivances by the Federal agency or the U.S. Postal Service while the Federal or Postal employee is awaiting a decision by the U.S. Office of Personnel Management, is simply part and parcel of this complex process involving a burdensome bureaucracy.

Filing early for Federal Disability Retirement benefits through OPM is often the key; ignoring those subtle warning signs, both about one’s own medical condition as well as the underlying substratum of intentions as indicated by the Federal agency or the U.S. Postal Service, is to disregard the inevitability of life and its complexity of meanings.  For, in the end, that which is subtle must unravel and manifest, but it is the one who first senses the forewarning of fate who ultimately can control one’s destiny and divert from the determinism of fatalism.

Sincerely,

Robert R. McGill, Esquire