Federal Disability Retirement: Monday’s Startle

There is not much that needs to be said about Mondays.  The standard response to, “So, how is your day going?” is quickly understood with the response of, “It’s Monday”.  What is it about the first work-day of the week that brings about the startle of life?  Is that why the traditional week’s cycle begins from Sunday-to-Saturday, because we want to avoid the memory of a week beginning so disastrously?

Do we dread work so much that it becomes a self-fulfilling prophecy, where the expectation of the day following the day off becomes so anticipated with angst and considerations of impending disasters, that what we come to expect we impose our will upon the universe such that reality follows our fears and imagination?  Or, is it that there is an across-the-board truce that comes about without a word of acknowledgment — shortly after the close of business on Friday afternoon — when everyone heaves a sigh of relief, goes into the weekend, and everyone follows the protocol of no longer bothering one another?

How did we come to that unspoken rule — you know, the one where emails suddenly become reduced in volume (except by those with OCD who increase the length and number because of the unresponsiveness of the previously-sent dozen or so), phone calls are put on hold and the furious activity of keyboard punching and looking about anxiously at the clock-that-never-moves — where suddenly a peaceful calm descends like a spirit from on high above the clouds, the white flag of a temporary truce is reached without anyone saying a word, week after week, month after month, year in and year out?

It is reported that such unspoken occurrences were common during every war — our own Civil War, the two World Wars (but not in the more recent ones in Southeast Asia and the Middle East), where ceasefires were embraced around Holy Holidays and some Sundays without any need for negotiated settlements, but with merely a wave and a smile.

Then, Monday’s startle comes with a roar.  Whether because it remains such a contrast against the quietude of the day before, or merely the release of pent-up energy allowed to aggregate over the 2 days of respite and restoration, one may never quite comprehend.

For the Federal employee or Postal worker who suffers from a medical condition which necessitates preparing, formulating and filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, Monday’s startle is often a chronic condition because of the inability to escape from the anxiety of the medical condition itself over the weekend, Holidays or summer months.

Monday’s startle can be survived, for the most part, precisely because of Saturday’s respite and Sunday’s quietude; but when every day of the week and weekend results in the same angst as Monday’s startle, it is likely time to consider filing for Federal Disability Retirement in order to focus upon one’s health, lest Monday’s startle turns into an endless stream of red flags replacing the white ones of truce where such flags are warning signs of an impending condition that only gets worse.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Problems

We all have them; some, more than others; and by either quality or quantity, we often judge as to the burdens overloaded in our lives, comparing to others by contrast the significance of the impact of each, whether large or small, tragic and grandiose or irrelevant like a speck of a fly upon a windowsill in the basement where no one visits, anyway.

Wait long enough and they will sometimes go away; wait too long, and the little bothersome inkling may turn into an insurmountable gargantuan of a magnified adversity beyond human tolerability; and in the end, we are left with either being resigned to live with them, to solve them, or to simply survive them.

Problems are inherent to human living.  A wise pastor once said, “Where there are people, there are problems.”  This statement was a recognition that human interactions, relationships and the mere bunching up of personalities that conflict and become adversarial, in a world of limited means but unlimited emotional upheaval, by necessity invites problematic encounters.

We often think that, “If only I had…” — then, what?  That all problems would simply vanish?  Hardly, and most unlikely.  For, history has shown that in every endeavor that requires effort; in every relationship no matter the matching of perfection as to personality, temperament and compatibility; in the end, whether by external influences or internal derangements, conflict will erupt and problems will abound.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to impact the Federal or Postal employee’s ability and capacity to perform all of the essential elements of one’s Federal or Postal job, the necessity may arise for filing a Federal Disability Retirement application, to be submitted through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS offset.

In such a state of affairs, problems already are inherent — the medical condition itself.  The key, then, is not to compound the problem by trying to maneuver through a complex administrative process without legal expertise, but rather, to engage an attorney who specializes in Federal Disability Retirement Law.

In the end, it is the compounding of problems that can be controlled.  Problems will always be with us, but for the Federal or Postal employee who must contend with a medical condition and must file a Federal Disability Retirement application, always remember that it is the next step beyond the original problem that will often determine the future course of problems, and whether they can be limited or allowed to fester and boil over into a compounding of further problems.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: Blinders

We all have them; whether on windows, around our eyes or upon our minds, they are meant to deliberately obscure and obfuscate.  Can others put them up without our noticing them?  It is theoretically possible, one supposes; but more often, blinders are placed with the consent of the blinded, either by the person wanting them or in conspiracy and collaboration with another.

Originally, they were for horses, attached to the bridle so that the animal would be prevented from being able to see to the side or behind.  This allowed for riding a horse, say, in a congested area in order to limit the spooking of the animal, or merely to maintain a forward-directional focus and helping the animal to cope with the dizzying activities surrounding.  Once the prominence of the horse lessened and depreciated in daily use and value, the metaphors that surrounded the obsolescence of that which was once of utilitarian dominance often became transferred to other linguistic arenas; and so we refer to “blinders” on people or circumstances.

We all walk around with blinders to some extent, of course, and Federal and Postal employees who suffer from a medical condition, such that the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, often by necessity must walk around with blinders securely placed.  Blinders to the future; blinders as to the growing debilitating effects of the medical condition upon one’s ability and capacity to continue in one’s career; blinders as to what the Federal agency or the Postal Service are doing and initiating — of memorandums and paper trails beginning to put the pressure upon the Federal or Postal employee; and many other blinders besides.

In the end, the inevitability of preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, may force one to take the blinders off.  Always remember, however, the importance of those blinders that cannot be put upon another — like, once OPM sees something in a Federal Disability Retirement application and denies a case because of that certain “something” that should have been caught before submitting the Federal Disability Retirement application, you cannot afterwards put blinders on OPM.

To make sure that such an unfortunate circumstance does not occur, you may want to consult with an experienced attorney who specializes in Federal Disability Retirement law, so that you are not left with the blinders that need to be placed, as opposed to those that need to be removed.

Sincerely,

Robert R.McGill, Esquire

 

OPM Disability Retirement Representation: The habit that prevents

Kant was known to have followed a daily habitual routine that was marked with such precision that townspeople would set their watches and clocks by his various points of presence — i.e., if he was by the butcher’s shop, it was 3:15:17; if at the corner of Kroenigsburg Street, 3:16:09; and when he turned the corner of 7th and Main, it was 3:20:12.

One wonders if, had he paused at a random street corner to sneeze, would time have stopped, the universe become paralyzed, and the gods of the underworld been defeated in paroxysms of trembling fright?  Or, had he broken the daily routine of predictable sequences of the uninterrupted sojourn, marked by the two-steps-tap-tap with the cane of his choice, over and over again — step, step, tap, tap; step, step, tap, tap — would anyone have noticed?

Certainly, the townspeople would; and perhaps his rigid philosophical outlook, his moral foundation of principles that forever retained the universality of truth — maybe rigidity may have faltered and we would all be the poorer for it.

Could his mind have expanded into other arenas of philosophical discourse had he traveled beyond and broken the habit that prevents?  Does one’s actions of daily monotony determine the “type” of mind, thoughts, conscious processes, cognitive approaches, etc., such that there are habits that limit, prevent, pause or otherwise freeze?

Habit is a peculiar trait for human beings; it offers both solace and a sense of security in the very regularity of its path, somewhat like the repetition of a musical stanza that is both anticipated and relished despite its very predictability.  It becomes a harmful dependency, however, when the habit that prevents begins to forestall, stunt and actively become an obstacle that restrains necessary growth.

For the Federal employee and U.S. Postal worker who suffers 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, it may well be that the habit that once allowed for success — of being punctual; of overextending one’s capacity in order to accomplish the impossible; of having such a dedication to “the mission” that one’s own health was always secondary — while honorable and laudatory while it lasted, may be the habit that now prevents.

Prevents what?  Of seeking greater health, of changing course in order to set a different goal; 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.

Sometimes, the habit that was once a positive trait becomes one that prevents, depending upon changing circumstances and altering contexts, and for the Federal or Postal employee needing to break the habit of always working for the “mission of the agency” or to complete all tasks for the Postal Service, preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with OPM, may be the best next habit that results in more than the monotony of a daily walk, but a step which breaks the routine of all prior steps in order to reach an important goal — one’s health.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer for Federal Disability Retirement claims: Fact and opinion

These days, the distinction between the two has been almost completely lost.  One must qualify such a statement with “almost”, only because there may still be minority bastions and pockets of hope still holding out that the madness prevailing will someday be overcome.

Somehow, the lines bifurcating the distinction that once were so obvious became obscured, until suddenly it was no longer a matter of just blurry lines, but the lines themselves had disappeared, and no one spoke as if there was a difference to be had.  Facts were confirmed and established “somethings” in either the objective world or of tradition-laden statements that we could all agree upon; opinions were various interpretations of those commonly-accepted facts, interspersed with the subjective content that often prefaced with, “It is my opinion that…”.

We have now discarded even the prefatory admonition, now, because it has become an unnecessary addendum; since there are no longer any facts, and everyone is privileged to hold an opinion, we go ahead and speak not facts because our opinion holds out just as well, thank you very much.

Where did it all begin?  Was it because Plato made too much about the difference between reality and appearance — so much so that he was forced to manufacture his conceptual fiction of ethereal “Forms” that itself became so problematic?  Or was it with Descartes, where certainty of one’s own existence became relegated to the subjective “I”, and so it was bound to become a muddle as more and more philosophers came to realize that, like Russell’s muse about language and the destruction of the traditional correspondence theory of truth, statements made could not so easily be identified as either fact or opinion.

It becomes much more problematic when statutory, reputation, education and logical methodology are altogether discarded and made irrelevant, and so we come back full circle in questioning ourselves, the categorizations we have imposed, and how to get beyond the conundrum of modernity’s own making.

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 job or Postal position, the question concerning “fact or opinion” is an important one, because the weaving of one into the other is queried in Standard Form 3112A, Applicant’s Statement of Disability.

How one’s answers are formulated and presented; whether they can be verified, established, “backed up with facts” as opposed to being left as mere subjective opinions — are all bundled up and contained within the questions asked, and how you will be answering them.

Fortunately, there is still remaining an approach and methodology of presenting facts as facts, and setting aside opinions and interpretations of the facts, and in 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, it is important to recognize the difference still, and be cautious in completing SF 3112A in light of modernity’s obsessional disorientation on the difference between fact and opinion.

Just the facts, as stated by my opinion.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Little battles fought

It is the minor skirmishes of life that maintain the vitality of everyday existence; they are fought in preparation for the greater battles and campaigns.  That is why a ‘strategy’ is important; otherwise, taking the same hill countless times in a day leads one to wonder what the greater plan is.  For, futility and the sense of meaninglessness are what defeat any motivation to continue.  Incentives for advancement; a sense of growth and an optimism for the future; these and other values are what one fights for, engages in skirmishes, and those little battles that are fought with a worthwhile sense of gaining something.

Medical conditions, especially of a chronic kind, tend to diminish the will to fight.  They not only weaken and debilitate; they begin to eat away at any sense of accomplishment and striving for those valued goals.  It is, in the end, a sense of hope for which we all fight the little battles fought; otherwise, the major wars would fail to be worthwhile.

Medical conditions are the “unfair” factor in any war, sort of like roadside bombs planted in this new war of hit-and-run attacks.  They often come upon one slowly; and whether in a sudden, traumatic event or evidencing a slow progression of debilitation and subtle changes over a period of days and months, the insidiousness of not knowing how to battle it, of doctors telling of being patient, of medications themselves sometimes having worsening side effects that complicate, exacerbate and exponentially magnify in frequency, severity and other realms of wounds endured – these all cumulatively combine to create a sense of frustration like fighting an enemy you cannot see and will never be able to actually “fight” in the traditional sense.

That is why preparing, formulating and filing 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, is an important step in those “little battles fought” – for, unless the little ones are taken care of, the large ones that loom ahead may not be properly engaged in.

Reorganizing priorities; focusing upon one’s health; determining the future course of relevancy; these are all part of the metaphorical battles to be fought, but for the individual who experiences the medical condition and specifically for the Federal or Postal employee who must consider filing a Federal Disability Retirement application, they are no less real than the sudden devastation of a roadside bomb exploding beneath one’s Humvee.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The mortality reminder

When does mortality become a concern?  Certainly, not during the youthful vigor when the future holds bright concurrent with the cellular construct yet expanding and multiplying.  Is it with the first encounter that reveals vulnerability?  And what is defined as a “healthy” sense of it, as opposed to an obsessive conduit to a dementia of nihilism?  Does a “close shave” necessarily haunt everyone, or does it matter as to the sensitivity of a soul that such karma encounters?  What “reminds” one of a future terminal, as opposed to becoming an all-consuming journey to avoid the ultimate consequence?

Whether for future promises of glorious defiance of it (Christianity and similar belief systems) or of denial of the substantive reality we face by it (Hinduism, Buddhism and similar negation-bases faiths), the treatment of how it is approached, the methodology of embracing or rejecting, and the paradigms constructed in order to answer the underlying metaphysical queries, are “projects” which Heidegger has identified as those very endeavors to avoid the inevitable.

For Federal and Postal employees who suffer from chronic, debilitating, or otherwise delimiting medical conditions, such that the medical conditions prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal positional duties, the brush with the question of mortality becomes a reality precisely because vulnerability from the secure world one has previously taken for granted, becomes threatened with each day passing in the empirical experience of contending with the medical condition itself.

Medical conditions remind us of our mortality.  Certain and specific conditions tend to exponentially magnify it tenfold:  Post Traumatic Stress Disorder (in nightmares, intrusive memories and recalling of traumatic events); Major Depression/Depressive Disorder (by the loss of stamina and the overwhelming sense of despair); Generalized Anxiety Disorder, which may include suicidal ideations and panic attacks (via the heightened sense of intolerance to work-place stresses); and those physical conditions which result in chronic and intractable pain, from multi-level degenerative disc disease, cervicalgia, myofascial pain syndrome; Rheumatoid Arthritis, Fibromyalgia, Chronic Fatigue Syndrome, as well as the ongoing list which every attempt to become “all-inclusive” always fails to mention, precisely because there is never a single right answer to the mortality reminder.

The key is often missed because the focus is misdirected – it is not so much the medical condition itself, but the impact of that medical condition which prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal positional duties:  that is the essence and foundation of a successful Federal Disability Retirement application.  But more importantly, it is that “nexus” which is the key to the mortality reminder, and that which prompts the Federal or Postal employee into a spur to action:  Prepare the Federal Disability Retirement application well; formulate the foundation for Federal Disability Retirement carefully; file the Federal Disability Retirement application in a timely manner.

Sincerely,

Robert R. McGill, Esquire