Tag Archives: harassment of post office light duty employees

Federal Disability Retirement: The Human Prerogative

There are other prerogatives connected to other species, like swiftness of predatory hunting for a Cheetah; the sheer power of a Grizzly Bear; or, perhaps of an NBA star who no one even attempts to defend against because, outside of the 3-point circle, there is no point in even trying.

The definition is clear: a “prerogative” is the right or privilege exclusive to a particular individual or class, and so, like an eagle which soars with the power of such privilege, there is no denying that which is the right of that individual, of whatever species we are referring to.

For the Federal employees or U.S. Postal worker who suffers from a medical condition, where the medical condition itself impacts upon the ability and capacity to perform the essential elements of one’s job, it is the prerogative — the human prerogative — to prepare, formulate and file an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, under FERS.

Because you are a Federal Government employee or Postal Service worker, it is the exclusive right and privilege to assert your eligibility for Federal Disability Retirement; and indeed, this is the Human Prerogative, as a Federal or Postal employee.

It is the exclusive right — not merely because you are a human being, but because of your privileged status as a Civilian Federal employee or U.S. Postal Service worker — to assert that limited prerogative when the need arises, and if the time comes such that it becomes necessary.

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.

 

Postal & Federal Employee Medical Retirement: The Bumpy Road Ahead

Life is always a rough-hewn piece of wood; and yes, while the grains may possess and reveal beauty, and sanding or polishing may bring out the inner, granular quality which depicts the artistry of nature, still — the bumpy road ahead remains just around the corner.

Sometimes, you see two young people in a cafe gazing dreamily into each other’s eyes, and you have to resist going up to them, slapping them gently over their heads in order to awaken them from the unreality of the moment.  Or, perhaps the better approach is to leave things alone — as life is full of problems and disappointments, let them have their respite of escape from the harshness of reality.

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 his or her Federal or Postal job, the bumpy road ahead likely includes the fight against the U.S. Office of Personnel Management in getting a FERS Disability Retirement application approved.

It is always a fight.  And like the rough-hewn piece of wood, it takes hard work to get past the splinters and obstacles before the “beauty” part can be reached.  Contact a lawyer who specializes in Federal Disability Retirement Law and let the specialist handle the bumpy road ahead.

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.

 

FERS Disability Retirement Benefits: Troubled Life

Is it a redundancy and a tautology to put the two words together?  For, one may assume that every life is “troubled”, and everything in the universe that is troubled involves a “life”.  So, if one concept necessarily entails another, why do we even have to bother to explicitly point out the co-dependent concept?  Thus would one say if you hear the word, “Life”.  Oh, then it must be troubled.  Or, if you heard someone mention that there was “trouble” in such and such a place, you would merely add, “Oh, yes, there must be a live person there, then.”

Of course, one could argue that the reason why we must clarify one concept with another is because (A) A different and separate concept can also be attached to the other word and (B) It is not necessarily so that an if-then conditional exists — meaning thereby that there are, arguably, “untroubled” lives as well, as least for brief moments in the life of an individual.  As one pastor was heard to say long ago, however: “Where there are people, there are problems.”  True enough.

To live a life for any length of time is by necessity to encounter problems and troubles; for, that is the nature of human existence.

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, “trouble” becomes exponentially pronounced because of the impact upon one’s life that a medical condition necessarily brings.

Filing a Federal Disability Retirement application under FERS, of course, can often mitigate the trouble and help one live a life that is less troubled, by allowing the Federal or Postal employee to focus more upon one’s health and less upon the adversarial nature and friction which arises from one’s inability to perform all of the essential elements of one’s Federal or Postal job.

Consult with a Federal Disability Retirement Attorney to discuss the possibility of preparing, formulating and filing an effective Federal Disability Retirement application under FERS, and see whether or not “trouble” does not necessarily have to entail “life”.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: The Lifetime Achievement Award

There is a sadness necessarily attached to such an award: It is an acknowledgement that a person’s worth has come to an end.  A life’s end is recognized when such an award is granted, and no one believes that anything further will be attained.  It is a dismissive award — a pinning of a goodby to the lapel of one’s mortality and an applause that soon fades because of achievements recognized and easily forgotten.

No one says of the recipient of such an award, “Boy, but does she have such potential!”  Rather, it is the very awarding of it which is the indicator that: The curtain is closing; the rocking chair is there in the corner; it is time to let others in the door; and, your time has passed.

What can it possibly mean for a person to accept such an award?  How can others determine the achievement within a span of a lifetime, and can it ever be rescinded?  What if, upon receipt of such an award, a person turns around and commits a heinous crime — do we then walk out of the ceremony shaking our heads and whisper to one another, “Well, he would have achieved it but for….”?  Isn’t that always the party-pooper conclusion, when we say of this or that: Except for; but for; if only…?

It is like saying that X was a great president except for Y, or that such-and-such was the best leader but for this-and-that.  To receive or be offered the “lifetime achievement award” is to declare the end of one’s life; to refuse it, is to embrace life and one’s future.

For Federal employees and U.S. Postal workers who believe that filing for Federal Disability Retirement means that it is an “end” to something — somewhat akin to receiving a Lifetime Achievement Award — such a thought should be reconsidered.

Filing for FERS Disability Retirement is not an end, but a mere beginning: It allows the Federal or Postal employee to focus upon one’s health, and then to consider another vocation or career in the private sector by allowing him or her to make up to 80% of what one earned in the Federal sector, and continue to receive a disability retirement annuity. Consult with an attorney who specializes in Federal Disability Retirement Law to “get the facts”, lest you become embroiled in the fallacy that Federal Disability Retirement is tantamount to receiving the Lifetime Achievement Award.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Overload

The comparative life is an illusion of sorts; Plato’s theme throughout is established every day, as appearances hide the reality beneath, and the allegory of the Cave – where shadows constitute the seeming truth and the truth appears as hidden seeming – is merely an archaic anachronism that has been vanquished, if merely because no one gives much weight to dead philosophers and nobody has the time for reflection upon questions that cannot provide answers instantaneously, as Google and High Speed Internet have allowed us to become accustomed.

Looking about on any street corner, or walking among the populace at large, one would believe that everyone around is able to handle the daily stresses of modernity, and that overload – whether of information, activities, responsibilities, financial, ethical, family, commitments, work issues, health concerns, etc. – are all performed, accomplished, completed and fulfilled with but a yawn.  Somehow, we all know it not to be the case.

Statistically, a great number of us suffer from anxiety, depression, intolerance to any level of stresses, with physical manifestations and somatic consequences impacting; and how many among the seemingly “normal” crowd require daily intakes of pharmacological assistance by ingestion with serious side effects to boot, but like the three towers which – when viewed from a certain perspective of alignment, appears as a singular entity – presents one sense-impression and then another when movement of the perceiver alters the vantage point, we persist upon a given viewpoint despite knowledge to the contrary.

Sensory overload is a daily problem, a persistent concern and a philosophical conundrum, precisely because we have given up the opportunity for reflection, repose and reconciliation with life’s major questions.  No, philosophy was never meant for the masses – the Socratic dialectic made that clear; but the questions posed were meant to always and perennially be asked, such that each generation would attempt to make heads or tails of life’s serious concerns.

Instead, we have been told that there are no such questions to be answered; that mythology died at about the same time Socrates took his mandated hemlock, and all information is good, available and open to the public through Google, and we can all be happy with the lot of life given to us.  Yet, the overload we experience on a daily basis, somehow doesn’t quite fit that paradigm.

For Federal employees and U.S. Postal workers who feel the burden of overload – of having to “deal” with workplace harassment; of contending with the debilitating medical conditions; of deteriorating health and the impact upon one’s ability and capacity to continue in the chosen job in the Federal or Postal sector – it may be 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, if the Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s Federal or Postal job, you may be eligible for Federal Disability Retirement benefits.

It is a long and arduous bureaucratic process that can take many stages in order to obtain, but the alternative may be of that appearance which defies the evidence of reality – like the Platonic Forms that represent the hidden truth behind the appearance of things presented – for, to remain without doing anything is to either continue to deteriorate in progressive debilitation of health, or to try and withstand the overload of life’s misgivings in a job which you can no longer do, or barely do, until the day comes when increasing pressure from the Federal agency or the Postal Service ends in a termination letter; and, that, too would be an overload beyond the ability to handle.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement Benefits: Threads

They are fragile and subject to being snapped; yet, we rely upon them to hold together the fabric of so many things, both in practical terms and in more nuanced settings of conceptual constructs cloaked in figurative speech.

As in Waugh’s Brideshead Revisited, that invisible thread that gently tugs despite isolation, renunciation and attribution of apostasy in the chaos of cultural confusion; or of the woven cloth where thousands in aggregate intersecting patterns creates the strength of multitudes where the single entity would snap upon the breath of a dragon’s snore.  Or, in a conceptual, literary sense, of thoughts and ideas weaving throughout, intersecting and inextricably interconnected with other major themes, of supportive quality and subchapters in reinforcing the main paradigm of a narrative in work.

Threads combine to strengthen; in their singularity, they are the arteries that course through one’s body and give life to an otherwise inert functionality of inoperable means, and allows for its almost invisible presence to dominate beyond its capacity to remain quantitatively anonymous despite its qualitative force of influence.  On a spool, amassed in its collective consolidation, its unique distinctiveness can be identified by color and hue; yet, pull a line of it, perhaps in inches, feet or even a yard, and only by squinting in the full refracted light of day can you discern the difference between that and another.

Thus as we enter into the millennium of future woes do we rely more and more upon the threads that hold up the fragile and ever tenuous spirits of malevolence, like the mistaken times in our own closet when Pandora’s box was unceremoniously allowed to release those skeletons we so deftly hid in the cellars of our private lives.

The threads we have woven, that are the inseparable fabric of our inner lives and outer layers of concealing veils; and yet we take them for granted, no matter the consequences of wrapping dreams and hopes within the fragile confines of the softness wrapped in the baby carriage left teetering on the cliff’s edge.

For Federal employees and U.S. Postal workers considering filing for Federal Disability Retirement benefits under FERS, CSRS or CSRS Offset, the applicability and relevance of threads is twofold:  First, remember to always weave in a reinforcing manner, the repetitive value of the themes documented involving one’s medical conditions throughout the applicant’s Statement of Disability as reflected on SF 3112A, to reiterate those specific elements of incompatibility between the medical condition and the positional duties; and second, recognize that the figurative threads of life are those that need listening to, as symptoms of health conditions once ignored, now weaving through the very fabric of one’s daily life.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: The clinical language

The antiseptic nature of language allows for the euphemism of linguistic cloaking to occur.  The corollary effect, however, is that it fails to provide a nexus to the humanity lost, and allows for an arrogance of language by imparting its distance and separation from warmth.

Clinical language has that characteristic, steeped in the mysterious and archaic history of Gregorian chants at altars once embodying the Eucharist’s theological secrets of transubstantiation with the priesthood undulating in phrases foreign to ears of modernity; and from that same pocket of incomprehensible linguistic sophistication that only New Englanders like Buckley and other intellectuals would bandy about with phrases we all nod at as if we understood them, comes the cold, clinical language that doctors, nurses and psychiatrists use in diagnosing conditions beyond the mere commoner’s ability to realize.

The clinical language bifurcates and objectifies; it is a way of keeping the discussion on a level of discourse where human emotions need not enter, will not intercede, and cannot invade through the impenetrable walls of the rational side of the brain.  Perhaps there is a need for that; a want, a desire and a worthiness to maintain that distance, so that the topics delineated, explained and obfuscated can be accomplished without the emotional turmoil of those consequences resulting from the realization that one is damaged goods beyond repair.

In the end, however, when the patient goes back home, discusses it with family, friends and close relations, the interpretive process must by necessity be utilized.

In former times, dictionaries were taken out, root words were defined and the Latin phrases whispered in secret murmurings of incantations incomprehensible were untangled, discerned and disassembled.  In modernity, we Google them and have the algorithm of computer intelligence in sunny California interpret the words for us to digest.  Then, the translation into the emotive language of kitchen-held talks in hushed tones where children strain to listen from stairwells around the corner; and tears wept, confidences given and lost, and the upheavals of families in crisis where the clinical language has been demythologized and demystified so that even the everyday person can recognize the human toil of a ravaged body and mind.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, whether that medical condition has been diagnosed in clothing termed by the clinical language used by the medical profession, or already interpreted in common everyday usage, the plan is to prepare an effective, understandable, cogent and coherent Federal Disability Retirement application, and one that can bridge that gap from phrases barely comprehensible to linguistic descriptions that present a viable case.

Doctor’s reports and office notes, clinical narratives and treatment records are all useful and necessary, but in order to create that legal nexus of presenting a persuasive argument and meeting the standard of proof of preponderance of the evidence in a Federal Disability Retirement application, it is always a good idea to interpret and translate that clinical language into a delineation that touches upon the everyday emotions common to us all, by breaking down the bifurcated walls and allowing for the warmth of humanity to pervade the narrative of life.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Silent lives defying interpretation

Life is a mystery, and individual lives a puzzle untold.  It is the calluses that we develop throughout our lives that diminish our individual and collective curiosity to get to know the “other”.

We are born with a teleological intellect striving to unravel and unmask the depths of human essence; but modernity, technology and the singular focus of tangents often involving prurient asides distract and envelop with unwavering obsessions, but it has gotten worse:  no, not in any violent manner or upheaval of historical significance; rather, the electronic means of texting, emailing, Facebook-ing and other such means – which, if one pauses for just a moment to reflect, is merely a white page on a screen of illuminating blindness where symbols representing communicative ignorance are exchanged through the ethereal conduit of airwaves – give an artificial semblance of comfort that we are still engaging in the essential project of destined human activity:  getting to know one another.

When, in fact, the distance between words and the human touch; the distinction between the beep apprising one of receiving a message and the subtleties of an eyebrow raised, a grimace faintly made or a sparkle from eyes admiring; or the differentiation between black lettering upon a lighted page as opposed to the intonation and undulating mellifluousness of the softly spoken word – these, we are losing as each day passes, unnoticed, unconcernedly, and without any real hope of recovery.

It is, in the end, those silent lives defying interpretation which are lost forever on the doorsteps of unwritten historical accounts, despite the stories never told, the narratives forever undeclared and the characters uncharted because of the mystery of life and the conundrum of human lives.

History, it has been said, is written by “winners”; and if there is indeed truth in such a statement, then its corollary opposite must be similarly true:  unwritten and unknown accounts are forgotten or never written of those “losers”.  But that is only half of the truth; for, there are those countless bystanders who are never acknowledge, but fail to be inserted and included in the narrative of unmarked graves unacknowledged through the accounts of history untold.

We all want to be “significant”; we all want to “make a difference”; and for Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition cuts short a promising career, a relevant contribution to the “mission” of the Federal Agency, or make a difference to an old woman living alone who waves hello to the Letter Carrier as the high-point of her day – filing a Federal Disability Retirement application, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, may seem like the end of that teleological journey that we are all engaged in.

But always remember that there is life after the Federal workplace, and whether you are an active Federal or Postal employee, or getting ready to take that step to initiate a Federal Disability Retirement application, there are still silent lives defying interpretation, and yours is one of them.

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Disability Retirement: Designing a different biography

Each of us has one, but we know not what it states; for, it is what is written and carried by someone else, and not from ourselves.  Yes, yes, we also have an “autobiography”, as well – a narrative of how we see ourselves, in what manner, of what form, in what scintillating and scandalous light.  But it is the collective viewpoints of all whom we have encountered that comprise, constitute and in the compendium of the aggregate, tell the story of “that person” – you.

What would you gather if you went about to all family members, friends, relations and relatives, and to a lesser extent neighbors and acquaintances, whether close or distant, and interviewed each as to the narrative they have about you; collect them into a coherent whole and arrange them into a comprehensible amalgamation for self-reflective, unpublished anonymity?

It would likely be surprising, with tidbits of disconcerting salaciousness – not necessarily involving any vice, but if honesty were to be an unequivocal mandate in the responses to each query, it is likely that one would be taken aback by the responses received, not only in content and substance of answers, but from whence the source of information came.

Would we, if given the opportunity, begin to design a different biography in response to the amassing of such a narrative?  Or, like most people, would we merely engage in defensive self-justification, cutting off relations, reacting with anger and disappointment, and like a child without remorse, regret from wisdom or any greater understanding than the idiot savant who can mimic brilliance from learned behaviors, sit glumly with self-pity and blame those who provided their honest opinion and perspective, and continue on in the same mold as before?

Designing a different biography requires, at a minimum, a capacity to still process information for the intended purpose of alteration of behavior; and like the metamorphosis depicted by Kafka, there are few who have the self-reflective capacity in order to initiate that which cannot be comprehended by an ego which refuses to change.  What chance, then, do we have for redemption?

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition requires designing a different biography for a future event (becoming a Federal Disability Retirement annuitant) because of a present circumstance of altering issues (a medical condition that has arisen, worsened or become exacerbated over time, such that preparing, formulating and filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management becomes a necessity), the concept of designing a different biography may require an honest assessment and evaluation of one’s physical and mental capacity, what the requirements of one’s Federal or Postal job entails, and when the time is ripe to consider initiating the long, arduous and complex process of considering the submission of a Federal Disability Retirement application.

In the end, designing a different biography always requires a moment of self-reflection – something more complicated than editing our own unsolicited autobiography.

Sincerely,

Robert R. McGill, Esquire