Tag Archives: hostile work environment causing undue stress in federal office

FERS Medical Retirement from OPM: Elevating Silliness

Much of the political rancor of modernity is silliness, and the insularity of our lives — of engaging in social media discussions, thinking that serious conversations can be engaged on Smart Phones and computers, etc. — is the elevating of such silliness.

Then, when a hurricane hits an area and devastates a population, we realize that there are actually real and serious issues facing us which transcend politics and the rancor of disputatious irrelevancies.  There are, of course, many issues which continue to deride their seriousness by non-action and inaction, such as the growing national debt, the inflationary impact of unfettered spending, etc.

But then, the very fact of inaction and ignoring of such issues so that any resolution or attempted legislative corrections are merely “punted down the metaphorical and proverbial road” for future generations to deal with — well, that in and of itself, is elevating the entire process to a level of silliness unheard of.

One area of seriousness which should never be elevated as silliness but is nevertheless so often done, is the protection of employee rights.  Federal Disability Retirement Law is one such area, and everyone should consider it a sacred law to be protected and secured.

It is part of the “employment benefits” which all Federal and Postal employees enjoy; and while it is taken for granted — most Federal employees and U.S. Postal workers never even think about it because, when you are a healthy individual enjoying the fruits of your labor, you naturally do not concern yourself with “what ifs” — it is there for you to access it when and if needed.

If you are a Federal or Postal employee with a minimum of 18 months of Federal Service, and you find that you can no longer perform one or more of the essential elements of your job, contact an attorney who specializes in Federal Disability Retirement Law.

Health is one of those issues which can never be silliness to be elevated, for it is the essential fibre of one’s life.  And while we can often distance ourselves and look up the elevated silliness which pervades our society — especially in politics — we can at least all agree that health is one subject which is neither silly, nor needed to be elevated.

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 Attorney Help: The Paralysis of Indecision

There is, on the one hand, an approach of charging forth with a decision; on the other, a more contemplative manner of considering the options, letting various arguments be heard, then taking into account the pros and cons and coming to a deliberative conclusion and decision.

Such differing approaches often reflect the personality of the decision-maker; and, of course, between the two extremes on a spectrum of decision-making approaches, there are various “middle-ground” ways.

One often hears about the need for “decisive” action, where such an approach is often viewed as more effective and enveloped with great confidence.  Military responses are often characterized by the “charge forth” approach, whereas political expediency is too often reflected in the long and tiresome “consideration of all sides” approach.

In the end, whether one takes a lengthy, deliberative approach in making a decision, or immediately issues a definitive command to perform a deed, it is the paralysis of indecision which fails to abide.

For Federal employees and U.S. Postal Service 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, the paralysis of indecision often comes about because of the hope for recovery of one’s health.

And that is often a good thing.  Hope springs eternal, but when the reality of one’s medical condition becomes chronic and never-ending, the paralysis of indecision merely exacerbates and worsens.

Contact a disability attorney who specializes in Federal Disability Retirement Law, and do not allow the paralysis of indecision to keep you stuck in the quicksand of your medical condition.

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 under FERS: Developing the Viable Case

There is often a “twilight” period in the course of struggling with a medical condition — where the impact of the medical condition begins to slowly interfere with work competence, daily living activities and physical / mental capabilities; where the doctors are considering whether the medical conditions are chronic and intractable; and what this all means for the future.

There can be a “tipping point” on either side of the case: Perhaps some minor adjustments and accommodations can allow you to continue in your career; or, you may have come to a point where it becomes clearer and clearer that your medical conditions are incompatible with the type of work you do.  Wherever you are in the process, developing the viable case should include clarifying the legal issues inherent in considering a FERS Disability Retirement case.

Consult with an OPM Disability Attorney who specializes in Federal Disability Retirement Law, and begin the process of considering where you are in the twilight period of your case.

Sincerely,

Robert R. McGill
OPM Disability Attorney

 

FERS Disability Retirement from OPM: The Task Ahead

We all talk in those terms, don’t we?  And when the future is no longer referred to, we begin to worry; for it is the notion of a future that keeps us alive in the present, while the past is merely a portrait of who we were and what made us today.  A person without a history is an enigma; of what we are doing presently informs others of where we are going; and of future plans — well, that reveals of character, ambitions and the motivations of “what” and “who”.

When two people meet for the first time, it is commonplace to inquire as to the other’s past.  Why is that important?  Do we glean from a person’s previous experiences the type of “character” one has?  Of the places a person has been to; of his or her upbringing; of the hardships and trials one has endured; of the relationships one has been entangled in; and of the schools attended, the education received, etc. — are these, in their aggregate, what reveals the “make-up” of a person?

Can one sweep one’s past aside and simply declare, “I have no past and nor do I want to discuss it.  However, let me tell you of my future plans — of the task ahead.”  Why wouldn’t that be acceptable?  Is it because anyone can say anything about the future yet to be done, and it is the past which remains the telltale sign of a person’s true intentions and motivations — that is, the sincerity of one’s declarations?

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 task ahead becomes clearer each day as one’s medical condition worsens: Filing for Federal Disability Retirement looms as a greater and nearer necessity.

Does the past matter?  Yes — as to the deteriorating aspect and its impact upon one’s present circumstances.  Does the present have any relevance?  Yes, to the extent of one’s current medical issues and the nexus to one’s ability and capacity to perform the essential elements of one’s job.  And what of the task ahead?  That is the true test — and for that, you should consult with an attorney who specializes in FERS Disability Retirement Law in order to prepare the most effective application for the task ahead: to formulate a strategy in order to pass muster with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Dismal

At the outset, you realize that something is wrong with the caption.  Not being a noun, the space following demands the question, “The dismal what?”  Adjectives require it; we all learned about them in grade school (if that is even taught, anymore) about grammar, and how they “modify” the noun.  It cannot stand alone.  It is a peculiar adjective, isn’t it?  It is one that cannot modify a noun except in a negative way.

Others can be modifiers but can themselves become altered by the mere fact of relational influence.  For example, one may refer to the “beautiful ugliness” of a landscape, and understand by it that the contrast between the two modifies one another.  But with the adjective “dismal’, it seems never to work. Whatever noun it stands beside; whatever word that it is meant to modify; in whichever grammatical form or content — it stands alone is a haunting sense of the dismal — of down, depressed and disturbed.

It is like the medical condition that attaches and refuses to separate; of an embrace that will not let go, a hug that cannot be unraveled; and a sense that cannot be shaken.

For Federal employees and U.S. Postal workers who suffer from a medical condition, the adjective of “dismal” often precedes the realization that one’s career must be modified in order to attend to one’s medical condition.  Work takes up a tremendous amount of one’s time, energy and strength of daily endurance, and obtaining a FERS Disability Retirement annuity is often required just so that one’s focus can be redirected in order to attend to one’s health.

The process of preparing, formulating and filing, then waiting upon, a Federal Disability Retirement application is a daunting one, and you may want to consult with an attorney who specializes in Federal Disability Retirement Law, lest the dismal turn into a morass of a bureaucratic nightmare which fails to modify the noun that all applicants yearn for: The approval.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Information: Lip Service to Losses

It is admitted under the cover of gaining, and never standing alone as a mark of proud achievement.  To lose is to be forgotten; and while we give lip service in various ways — as in, “Oh, we learned so many valuable lessons from our losses”, or “Behind every success story is a failure of tenfold that allowed the person to learn and grow”, or ever the clincher: “It’s not whether you win or lose, it is how you play the game” — such losses always end up in the ash heaps of history’s forgotten events, while the “winners” move on into the next phase of life’s ongoing narrative.

Yet, we continue to perpetuate the myth that life’s lessons are best gained by the failures and disappointments that we encounter, and that is what “giving lip service” ultimately means: the insincerity of words in contrast to one’s belief as beheld close to one’s heart.  That is why it becomes increasingly difficult for this generation, as opposed to and in contrast with previous generations, to handle the stresses of daily failures and unmet expectations.

We cannot strip away the reality of the world throughout one’s upbringing and childhood, constantly telling every child that everyone is doing a “great job” and have “special talents” at every turn and hiccup of life’s turmoils, then expect them to be able to handle the daily and overwhelming stresses of life’s experiences that must by necessity include setbacks and the bumping into the harshness of stark cruelty of the world, then expect a placid, calm and positive view of experiential stability.

The harshness of reality is that, indeed, this is a hard life, and no matter how much technology may promise the easing pain and modernity the hope for a utopian society, the frailty of the human condition cannot be avoided.  That is the reality-check that a medical condition imposes — that we are not mere lesser gods among beasts of burden, but in fact have just as many burdens and are subject to the unexpected vicissitudes of life’s happenstances.

Thus, for Federal employees and U.S. Postal Service 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 one’s Federal or Postal job, it is important to realize that filing a Federal Disability Retirement application may not meet the expectations of those who give lip service to the idea itself — i.e., that yes, the Federal Agency or the Postal Service will “support” you in your FERS Medical Disability Retirement application; that the Human Resource Office will do everything in their power to “accommodate” you; that your Supervisor or Manager is “sympathetic” to your situation, etc.

They may speak the words, but in their “heart of hearts” is that notion that filing for OPM Disability Retirement benefits is on the side of “losses” and not of categories empowered by “wins”, and therefore you must be careful in who you confide with when preparing, formulating and filing a Federal Disability Retirement application, to be filed with OPM.

Always remember, however, that consultation with an experienced attorney who specializes in Federal Disability Retirement Law will guarantee that “lip service” will not be mere words, but a careful guidance and strategizing of that which is in your best interests, and with full confidentiality.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Benefits: The full emptiness

Beyond the definite article, the two adjectives would remain self-contradictory if the meaning attempting to be projected were either both (A) in the physical sense or (B) in the spatial, cognitive sense.

A further explanation may be in order, here.  Contradictions often occur when words are mistaken to be conveyed in a single dimension, but can be modified if explained that they represent different conditions, occupying a sense of distinction that can be differentiated because of the slight alteration of contextual bifurcation.

Certainly, the terms “full” and “empty” become self-contradictory when applied in a physical sense for both terms; but if either of the terms are meant to represent different dimensions — i.e., “full” in the physical sense and “emptiness” as an emotion or feeling, or vice versa (“full” in an appetitive meaning and “empty” as a physical fact), then the contextual distinction takes on a differentiated meaning.

One often says that such phrases containing self-contradictory terms are merely a “play on words”, and indeed, it is normally intended to convey a thought-provoking compound of a conceptual construct.  The “full emptiness” is an idea that can denote many meanings; perhaps of a life filled with activities, but somehow lacking in meaningfulness; or, of an individual whose outward appearance is one of fulfillment and contentment, but whose soul is wanting because of a tragedy in his or her past.

That has always been the essence of a life worthy of condemnation, has it not?  Of a friction that continues to rub against each other — of appearance versus reality, of internal versus external; the contrast between the inner sanctum of thoughts and the outer reality of what is expressed.  For, of what worth is a life if it cannot be condemned?

The full emptiness is what most of us project to others, and how others behave towards us; that is the unfortunate aspect of living among and amidst each other.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to impact the ability and capacity to perform all of the essential elements of one’s Federal or Postal job, the self-contradictory concept of a “full emptiness” is a familiar theme.

The outward appearance must continue to be maintained — of competence, ability to multi-task, and capacity to take it all in; all of this, despite the ongoing medical conditions that debilitate and progressively deteriorate.  The inner reality often tells of a different story: of pain; non-restorative sleep; profound fatigue; physical and mental dysfunctions that are hidden and concealed.

Preparing, formulating and filing an effective Federal Disability Retirement application is a step towards vanquishing the contradiction of a life of full emptiness; it is to recognize that the negative circumstances of the medical condition need not dominate the positive hope that is still held that a career once deemed promising can yet open up into a future undaunted by the medical conditions themselves, by securing a Federal Disability Retirement and focussing upon getting one’s health back into balance so that the conundrum of a full emptiness can become a thing of the past.

Sincerely,

Robert R.McGill, Esquire

 

Federal Disability Retirement: What to do

Does anyone really know what to do?  From the very beginning, we are brought into this world without having been asked, and never with any instructions entitled, “Life instructions in ‘how to’”.  Instead, we are thrown into the ravages of this impervious universe.  We are lucky if we have some kind parents; otherwise, as with most of us, they are as clueless as we are, and sometimes even more so.

What do we do with the rest of our lives?  How do we determine if the course we have chosen is worthwhile?  When do we determine if the choices presented are the ones that will forever be offered, or will others come along after we have long committed to the limited ones we face?  Who tells us if what we are doing is “right”, and does the concept of “right” or “wrong” even matter, anymore”?

When problems arise, who do we turn to?  Do we turn to the priesthood that has been forever discredited, to the shamans who drive in expensive cars, or the Wall Street wolves who live in mansions afforded upon the backs of ordinary people?  And since parents are now told that honesty about their own lives are important in feeding the ingredients of success for their children, do we count on them to give us the same clueless directions that we can expect of ourselves?

Who knows anything, anymore, in any expectantly significant or relevant way, other than the puffery we encounter in our daily lives?  And when medical conditions interrupt and intervene – who tells us what path to take; where we go with the career choices given; and what about the legal issues that arise when it concerns a Federal or Postal worker under FERS, CSRS or CSRS Offset?  What to do – isn’t that the question we always have to ask ourselves?  And how do we know if the choices we make are the right ones, the wrong ones, or perhaps just “the best under the given circumstances”?

It is important to know; relevant to apply the correct criteria; significant for understanding the issues that need resolution; knowing what to do, how to do it and when to begin.  Medical issues that arise make for hard questions that need relevant answers.  And when the medical issues themselves impede, interrupt and intervene in negatively impactful ways, they exacerbate the capacity and ability to arrive at the proper judgments, and make it that much harder to decide.

Maybe there is no “right” answer, but only some minimal instructions and restrictive directions.  Whatever the case may be, in preparing, formulating and filing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, it is important to gain some initial insight and directions on what to do, and that may require seeking a lawyer who specializes in Federal Disability Retirement law.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: The Soul’s need for silence

If the world was merely one constant clatter, would we be able to stand the din of life?  Just as existence needs nothingness in order to have the separation of meaningful discourse, and as sentences need grammatical pauses (except in the cases of Faulkner and Joyce, perhaps), so the soul requires silence in the face of difficulties uninterrupted.

Medical conditions create havoc in lives; at first, perhaps just an annoyance or a nuisance, and the natural inclination is to rely upon the past that we know, and how – in remembrance of youthful vigor and quick rebounding and recuperation by mere strength and steely reserve – we were always able to ignore the pain, get past the turmoil and move beyond the anxious feelings of panic and depressive symptoms.  “It will pass,” we tell ourselves.  But then the long-view sets in; it is not merely a passing season, nor even a brief interlude of a cold north wind.

Instead, like the clinging vine that keeps coming back despite digging and chopping at the base of its roots, the chronic nature of the medical condition tells us that, as the unwelcomed uncle or aunt who has no other home and stays with you “just for a little while”, you cannot get beyond the season of pain and the intercession of turmoil.  It becomes a constancy, a persistence, a monotony of unsettled disquietude.  It is as if the soul’s search for silence finds only a din of unending noises as you search behind door after door for a room where relief and quietude may long for a bit of peace.

Souls need silence; silence allows for the interruption from din and darkness.

For Federal employees and U.S. Postal workers who suffer from the dual attacks brought on by a medical condition – of increasing workplace harassment as well as the loss of the soul’s quietude and peace – there comes a time when preparing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, becomes as necessary from a medical standpoint, as it is for the soul’s inner health.

Federal Disability Retirement is a means to an end – a recognition that the Federal or Postal employee is no longer able to produce at the level of acceptability, and a tolerance for allowing that same Federal or Postal employee to “move on” so that a basic retirement annuity can be obtained, and yet remain productive for the future in the private sector, where the (now former) Federal or Postal employee may make up to 80% of what one’s former job currently pays, on top of the amount of Federal Disability Retirement annuity.

It is also the allowance and recognition of another important factor – that the soul’s need for silence is a necessary component in the midst of din and darkness.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Avoiding the repetitive in a narrative

Why do we believe that adding the repetition of words, especially adverbs, will create a compelling narrative?  If you ascribe an adjective to an object, then ad an adverb – say, “very” – does repeating and inserting another magnify the significance of the narrative itself, or detract by placing a grammatical marker by bringing attention that the very necessity of the addition undermines the efficacy of the noun to which all of the additions point to, in the first place?  May not the noun itself stand on its own two feet, so to speak; or, at least with the supportive crutches of an adjective?

If a person posits that things are “very bad”, does the person responding who adds, “No, things are very, very bad” contribute to the discourse in that singular addition?  And what of the third in the discussion, who says, “Yes, I must agree, things are very, very, very bad”?  And what if a fourth person – unassuming and generally unemotional, who puts a sense of finality to the entire conversation by declaring:  “No, you are all right.  Things are bad.”  Did the last statement without the adverb and the repetition of additional tautological ringers, say anything less in the utterance, and conversely, did the third contributor add anything more to the discourse?

Often enough in life, that which we believe we are enhancing, we are merely detracting from in the very repetition of discourse.  It is like a signal or a marker; the red flag that arises suspicion is sometimes waved through the unintentional attempt to bring about attention through repetitive enhancement, and it is often the noun with the singular adjective that evinces the quietude of force in grammatical parlay.  Pain, anguish and medical conditions often seek to descriptively reveal through unnecessary repetition.

For the Federal employee and U.S. Postal worker who is working on preparing an effective Federal Disability Retirement application, to be submitted through one’s own agency or the H.R. Shared Services Center (for Postal employees) in Greensboro, N.C. (if the Federal or Postal employee is still with the Federal Agency, or not yet separated for more than 31 days), preparing adequate and sufficient responses on SF 3112A, Applicant’s Statement of Disability, must be embraced with care, fortitude, forthrightness and deliberation of factual, medical, legal and personal weaving of a compelling narrative.

Inclusion of too many adverbs may be a distraction; meanderings of thought and unnecessary information will undermine the entirety of the construct; and while the linguistic tool of repetition can be effective and compelling, too much of a “good thing” may undermine the singularity of a narrative’s natural soul.

In the end, the Statement of Disability prepared by a Federal or Postal Disability Retirement applicant should be a compelling narrative delineating a discourse of bridging the nexus between medical condition and one’s positional duties.  It should be descriptive.  It should be very descriptive.  It should be very, very descriptive.  It should also include the descriptive, the legal and the personal, just not very, very, very so.

Sincerely,

Robert R. McGill, Esquire