FERS Disability Retirement Benefits: The Resistance

The initial reaction to such a title is the obvious one: To what?  Of course, Newton’s Third Law of Motion comes immediately to mind — of every action having an equal and opposite reaction; thus, when one posits a “resistance”, the natural query must refer to its opposition, as in, “What is it that we are resisting?”

Throughout our “stages of life”, we either comply, conform, “go along with the crowd” — or resist doing so.  There are “middle” ways, of course, and yet to compromise and resist “half-way”, or in a half-hearted manner, often seems to ruin the whole point of any resistance, doesn’t it?

If one is to be a revolutionary, the point is to be one completely, or not at all.  During the Sixties, there was the famous line (often misattributed to Abbie Hoffman, the Beatles and others) which declared that the movement’s participants would “never trust anyone over 30” — spoken by Jack Weinberg in response to a hostile interviewer.  The underlying point of the statement is quite clear: By the age of 30, most people have “sold out”, conformed, lost their youthful vigor to resist; or, put more simply, accepted the status quo and have become cynical.  Yet, isn’t there a natural inclination to “belong”, to not stand apart from the crowd, and to be able to live a quiet, unassuming life?

“Resistance” can thus have a duality of meanings — it can imply that one is part of a movement involving resistance to the status quo or, even its opposite; that one resists change and is integrally a participant of the status quo.  Resistance to change is the greater dominating force.  Change is a fearsome entity where the unknown is to be avoided at all costs.  To be a part of “the resistance” that refuses to conform — well, that is best left to those under 30, unattached and without obligations and responsibilities.

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, resistance to change is often the factor that procrastinates, and keeps a person in a “muddle of the middle” where conditions deteriorate but one stubbornly insists upon maintaining the status quo.

But as medical conditions deteriorate and as the Federal Agency or the Postal Service persists in seeking change — by forcing the issue and initiating adverse actions in order to fill the position with a person who is able to perform all of the essential elements of the position — resistance to change must be replaced with becoming a part of the resistance: By preparing and submitting an effective Federal Disability Retirement application with OPM and forging ahead into a future yet unknown.

Remember —even Jack Weinberg became a class of individuals that he resisted, and went on to become a consultant and an adjunct faculty member; in other words, he was once in the “Resistance”, then became that opposite and equal force to fulfill Newton’s Third Law of Motion.

Sincerely,

Robert R.McGill,Esquire

 

Medical Retirement for Federal Workers: Believing in something

It is difficult, these days, to do so.  One can, by rote of habit, engage in the taciturn void of Gregorian chants, of hardened wood to kneel upon in prayerful silence where altar boys were muffled in horror in backrooms somewhere behind the hidden conscience of priests who, holy though they appeared, were but men of fleshly wants; or of giving when the televangelist prayed for miracles and allowed the camera angle to capture the piety of a winking heart.

Modernity defies believing in something.  We scoff at piety because we learned long ago that priests in dark robes were merely cloaked in outward appearances while engaging in acts of desecration behind closed doors, and gurus who rode around in expensive cars while preaching the gospel of meditative calm possessed devious thoughts untold behind craggy beards and beady eyes; and so we have lost the capacity for believing in something, anything, and let our children roam the streets of nihilism, sensual extortions of human bondage and the virtual reality of video consoles, only to be disappointed when they find emptiness in their lives reflective of an endless chasm of dreamless nights.

Once upon a time, Johnny believed in things; and then the marching band stopped when wars became endless, where speeches no longer carried the weight of conscience and greed seemed rampant in the daily lives of believers and beggars alike.  A priest once told this writer that he wished that the Church would sell all of its assets and go back to being the mendicant preachers we once were; but that was years ago, and not much has changed.

For most of us, we continue to cling to the thin reed of possibility; for the rest of us, we must contend with the reality of life’s trials: of work; family; health and friendships; and perhaps the belief in a tomorrow yet to be fulfilled with promised days of warm memories.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition has begun to prevent one’s ability and capacity to perform one or more of the essential elements of one’s Federal or Postal job, believing in something is a foundation for the next steps to take: Of a Statute in Federal Disability Retirement Law that sets forth a criteria to be met, and then to set about proving that one has met them.

Often, believing in something is nothing more than acting upon a need and setting about fulfilling that need; and for Federal and Postal employees who need to file for a FERS Disability Retirement, consulting with an attorney who specializes in Federal Disability Retirement Law is the first step towards believing in something that you have a right to believe in.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: The Bully and the Beast

Yes, yes, the title is all wrong; but that “other one” is for fairytales and childhood memories, and not for the ugly reality that is faced by grownups with the cynical perspective that, by age 30, has come to overwhelm and dominate.

“C’mon”, the refrain comes back, “let’s at least enjoy the childhood fantasies that still delight and enrapture the imagination, and quit being a spoil-sport!”  Yet, just as the idealistic twenty-something becomes a crotchety-old fifty-something, so the reality of the Beauty and the Beast — of the traditional story told in so many variations involving the beast that is of beauty beneath; of the nature of appearances as opposed to the substantive reality; of pithy sayings by parents who want to spare the feelings of their unattractive children that beauty is “only skin deep”; of higher academia where such childish notions then get transformed into “Platonic Forms” or the Aristotelian “substratum” — is the cold world that we all come to know.

Somewhere in one’s mid-thirties, the conclusion is reached that, No, the world is not reflected in the fairytale as recalled, but rather, the universe is occupied by the Bully and the Beast, and we are too often caught and trapped in the middle between the two.

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 “Bully” is too often represented by the Federal Agency or the Postal Service and its manner of treating a sick employee; and the “Beast” is the alternative — of the constant harassment; the reprimands; the adverse actions threatened or proposed; and perhaps even represented as the U.S. Office of Personnel Management and the entire administrative nightmare known as “Federal Disability Retirement”.

For, once upon a time we were all children and dreamed about fairytales and fantasies; but somewhere along the way as we “grew up”, we came to realize that the world was not occupied by gnomes, goblins and cute hobbits scurrying about in the wild forests of our own imaginations, but by the ugly reality that the world is populated by people who are not very nice, and that sickness does sometimes hit the nicest of us, and oftentimes filing for Federal Disability Retirement is the best choice to make between the Bully and the Beast because the Beauty and the Beast had faded long ago into the warmth of childhood memories forever faded.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Representation: Private Hells

Wouldn’t a “hell” by definition encompass privacy and insularity?  For, isn’t one of the benefits of commiserating and “sharing” (in the modern parlance) that one expiates the pains and troubles one experiences?  Thus, if a hell is to be a hell, wouldn’t it be in seclusion and in solitary confinement for all eternity; otherwise, the hell described would be less than hell because it would be a lessened state of agony and torture and thus would not be the intended deterrent that such descriptive conclusions would be?

Private hells are the worse kinds of hells, if one were to place them on a spectrum of graduated scales.  It is the hell that cannot be shared with others; cannot be complained about; cannot be dissipated by describing, telling, delineating or implicitly requesting comforting words about; such constitute the worst of torture chambers left in the chaos of one’s mind.  The social animal — the “human being” — is one who derives strength, courage, determination and the will to live by engaging in the very thing that social animals do: talk; tell stories; share troubles; commiserate.

That is often the exponentially exacerbating effect of a medical condition being suffered by a Federal employee — of having to keep it a secret; not being able to be open about it; not sharing because he or she is unable to talk about it for fear of retaliation and the evils of bad intentions.

For Federal employees and U.S. Postal workers who suffer from such a state of private hell, it is time to begin to prepare, formulate and file for Federal Disability Retirement benefits, to be submitted and ultimately decided by the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

The private hell of one’s fears and anxieties concerning the entire administrative process of Federal Disability Retirement is often partly due to the strangeness of it all, and consulting with a lawyer who specializes in Federal Disability Retirement Law is often the first best step in extinguishing those flames of agony that are described in ancient scrolls, lest the private hells become public dungeons that flog the soul beyond what the law allows, which can clearly be explained and contained with a private consultation with legal counsel who can guide you out of that private hell by explaining the process of OPM Disability Retirement.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Closet of skeletons

It is a metaphor that is familiar; of secrets, or near-secrets; of those cluttered past incidents and events that need to be kept in the hallway closet, perhaps even locked for safety and security, whether of embarrassment, regret or shame.

Yet, modernity has less of them.  With the disappearance of shame, of openness of societal mores and normative values disappearing, almost vanishing, there is then no need for the closet to exist, and skeletons are fewer and far between because we have redefined what is shameful, what should be regretted, and that which is deemed unworthy of public display.

“Man is the only animal that blushes. Or needs to.”  That quip is attributed to Mark Twain, of course; the grand humorist of American society, and the author of books that have touched the conscience of an unsettled people.  How does a species stop blushing?  By rearranging that which triggers such a characteristic – the words that touch, the concept that shames, the sentence that embarrasses and the paragraph that pushes.

There are, of course, positive consequences, as well; for, the openness of society and the suppression and obliteration of normative standards have allowed for silent crimes that were once unspoken to be openly displayed and cauterized.  Perhaps, sometimes, “talking about it” opens things up, allows for the public airing of that which was hidden because polite society did not want to deal with it; but since it existed, anyway, we might as well open the closet of skeletons as a society and let everyone see whatever it is that we were ashamed of.

Sometimes, or more often than not, those monsters within are greater than the reality of the objective world.

Medical conditions often relate to such a concept.  We tend to hide them, be ashamed of them, and make of them larger than what necessity dictates – except for old men and women standing in the line at the post office who openly discuss the details of their last operation and procedures, of course.

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, remember that 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, is often like the closet of skeletons; once they are out in the open, the agency and the Postal Service will have to deal with it, just like the Federal or Postal worker who had to “deal with it” – the medical condition – for all of these many years, fearful of the shame of revelation and the reaction of the Federal agency or the U.S. Postal Service.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Meaningful turns

How many turns do we make on any given day?  Not just actual ones, like those turns while driving a car, but figurative ones, as well.  If a person approaches you and asks, “Did you make the right turn?” — what is the response?  Is there a “right” answer?  Is there a relationship in the English language between the terms “right”, “left” and the physical attributes we possess?

If a person tells of another, “He’s way out in left field,” is that because we attribute the term “left” with residues of the negative?  And, how did the terms “left” and “right”, when referred to in politics, come to have a meaning of equivalency?  Was the fact that right-hand dominance was historically preferred to left-handedness, to the extent that teachers once used to punish those students who naturally attempted to utilize their left hands in handwriting, drawing, etc., account for the linguistic dominance and preference given to the term “right” as opposed to “left”.

Do we understand the concept with greater presumption when a person says, “He made a left turn and got lost,” even if the person actually made a right turn and found himself in an unfamiliar neighborhood?  And what of “meaningful” turns – are there such things, as opposed to spurious and meaningless ones?  How often we confuse and conflate language with figurative speech and objective facts; and then we wonder why most people wander through life with confusion, puzzlement and an inability to cope.

Russell and the entire contingent of British linguistic philosophers, of course, attempted to relegate all of the problems of philosophy to a confusion with language – and, of course, only the British, with their history of Shakespeare and the sophistication of language, its proper usage and correctness of applicability could possess the arrogance of making such an argument.

But back to “meaningful turns” – in one sense, in the “real world”, every turn is meaningful to the extent that we turn and proceed towards a destination of intended resolve.  But in the figurative sense, it refers to the steps we take in mapping out consequential decisions.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of the Federal or Postal worker’s position and duties, the “meaningful turn” that one must consider should by necessity ask many questions:  How long can I continue in this job?  What are the consequences of my staying, both to my health as well as from the Agency’s perspective?  How long before my agency realizes that I am not capable of doing all of the essential elements of my job?  Will my excessive use of SL, AL or LWOP become a problem with the agency?  And what about my health?

These are just a series of beginning questions on the long road towards making one of the meaningful turns that confront the Federal or Postal employee in the quest for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire