Federal Disability Retirement: Conditions of Necessity

What are the conditions that make for necessity?  At what point do we judge that an action, a set of utterances or a demand of this or that is “necessary’?  What constitutes the conditions for necessity and are they different for different people?

In other words, is there a tolerance level for Person-X that is distinguishable and qualitatively identifiable than from Individual-Y, such that what creates a condition for necessity for X may make for a yawning indifference for Y?  Do some marriages last longer — in accordance with the vows of fidelity and honoring — because of tolerance by one spouse or the other?  Are there criteria and principles that override, somewhat like what George Harrison’s wife once said in an interview that the key to a long marriage is “not getting a divorce” — meaning, no matter the extent of infidelities or breach of marital vows, if you simply tolerate all such violations, then the conditions of necessity will never arise?

Is that what happens to Federal employees and U.S. Postal workers who continue to remain silent, slowly dying a quiet death because of a medical condition that few know about, fewer still would even notice, and almost no one cares a twit about?  Do they continue to kill themselves quietly, pushing themselves through the pain and agony of a medical condition, and denying that the conditions of necessity have risen to a level where tolerance isn’t even a question, anymore?

Conditions of necessity — at what point do they rise to a level where it becomes unavoidable that filing for Federal Disability Retirement benefits has been reached and tolerating the symptoms of one’s medical conditions is no longer endurable?

Filing for FERS Disability Retirement benefits through the U.S. Office of Personnel Management is a long and complex administrative process, and when the conditions for necessity arise to a level where it becomes critical, it is a good idea to consult with an attorney who specializes in Federal Disability Retirement Law, lest the conditions of necessity become further complicated such that the bureaucratic morass of a Federal OPM Disability Retirement application becomes further entrenched in the intolerable conditions of necessity.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Ideas come in bunches

Like wildflowers, there is something about ideas that have a tendency towards coming in bunches.  And, like wildflowers and ideas, we have a further notion that misfortune, likewise, comes in droves and groupings.

Is that a Law of Nature, or merely an observation that has no logical foundation or factual basis?  Didn’t that neighbor down the street get hit by a car, and at the same time — within a week of such a tragic event — lose his wife and 3 kids?  Wasn’t it Uncle Billy who stepped on a nail, and with a few days had his house burglarized and his dog shot in the process?  And surely we recall that movie star who drank himself silly one night and then mistook a shadow for a stranger when it turned out to be his girlfriend’s best friend who shot him in the arm and then took her own life?

These we all recall; and like Hume’s dictum that causality is nothing more than mere combinations of repetitive occurrences, we fail to recognize the silent workings of events unfolding which quietly and subtly fester in the unknown universe of our own ignorance; and yet, when they come to the fore, we relate one to the other.  But ideas are different; they do, indeed, come in bunches, perhaps because the creative energy lagging behind suddenly realizes that potentiality can be actualized when for all those years they remained as stagnant molecules lost in a world of microscopic insignificance.

So, that being said, here are a bunch of ideas: For Federal and Postal workers who believe that the medical condition suffered cannot be accommodated, why not file for Federal Disability Retirement benefits?  What if you weren’t even aware of such a benefit?  What if the benefit is not widely circulated, never trumpeted and rarely announced?

You have 1 year from the date of separation from service to file, and as it takes a significant amount of time to properly prepare, formulate and file an effective Federal Disability Retirement application, if might be a good idea to consult with an attorney who specializes in Federal Disability Retirement Law — lest the ideas that come in bunches turn out to be bad luck that arrive in groupings; for, in that case, it is certainly time to consider that one’s destiny depends entirely upon actions taken, and not upon ignoring the signs of misfortune that do, indeed, come in bunches.

Sincerely,

Robert R. McGill, Esquire

 

Legal Representation on Federal Disability Retirement Claims: That voice within

Whose voice is debating within the insular corridors of the otherwise silent individual?  Which one is the dominant voice, and how does one determine if that particular voice should be the one which attains such a prominent status and stature within the cauldron of one’s own thoughts?

We assume, of course, that when we are pondering within the insularity of our own thoughts, that the voice which speaks within is our own voice; but is it necessarily so?  Yes, yes — the traditional concept of “madness” will begin to encroach, of strange voices which begin to invade and intrude, and where schizophrenia is considered the likely explanation whenever “other” voices are considered.

But that is not what is necessarily the case.  It may be that the voice within is simply a regurgitation from a memory stored long ago — perhaps of one’s parents; a friend; an old school chum; a brother, sister or a cousin; and it is retrieved as an amalgamation of many others, besides.  More importantly, who determines the validity of what is being said, the subject of debate and the substance of the winning argument?

The danger of a soliloquy is that the lone figure who tries to figure things out on his or her own may not have all of the facts or information at hand which can lead to the right decision being made.  An unheard conversation undertaken and engaged by a singular voice may be no discussion at all; it may merely be a wrong-headed delineation based upon errors in fact and missteps in logical analysis.  That is why it is important to consult a person who specializes in a field and is knowledgeable at the outset, so that the facts gathered and the analysis conducted are sound methodologies based upon superior analytical insights and resulting in expert advice.

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, it is important to gather the necessary and pertinent facts about the entire process, the known administrative facets and pitfalls, etc., so that a superior decision can be reached 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, so that the voice within will avoid the mistake of listening to too many voices without which may lead him or her down the false paths of misinformation.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: The human drama

There are other dramas, of course — of lions and similar predators; of insects beneath leaves dripping in the steam of rainforests deep within the jungles of equatorial regions rarely visited; of dogs chasing cats and cats chasing mice; of rabbits scurrying to avoid the claws of a hawk or an eagle; and then, of the human drama encompassing life, living, pain, sorrow, happiness, joy, hope and failure, all bundled up into communities where strangers walk about with smiles no longer reflecting joy or a frown implying sadness, but just an empty stage echoing from the scene that was acted out the day before.

The human drama is distinct and distinguishable from other species’ discourses of acting that may embrace the spectrum of emotions, for it is played out not merely by facial expressions, roaring of voices or whimpering of cries, but through the medium of language.  Language is the manner in which the drama is played, viewed, acted and depicted; and that makes for all of the difference in the world.  It is, as Shakespeare’s character surmised, as if all the world is a stage where each bit plays his or her part; and it is by language alone that the human drama is played.

What entrance fee is charged; how much we are willing to pay in order to witness the playing out of a specific act or drama unfolding; and in what private living rooms or bedrooms we would select for a premier viewing, we all have our preferences.  What is comprised of in other species’ dramas, perhaps we will never know, and care not about; for it is the peculiarity of the intra-species comity of needs, wants, desires and clung-to hopes for the future that link us all within the drama of the human kind.

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 human drama has been magnified by the pain and anxiety compounded by the medical condition itself — of the daily fight against the pain or inner anguish; of the increasing pressures at work, complicated by threats of adverse actions, placing you or threatening to put you on a PIP; of possible termination looming on the horizon; and all the while, the struggle to maintain your health and equilibrium.

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 an option that should be considered by all Federal and Postal employees who suffer from a medical condition where the medical condition is preventing the Federal or Postal employee from performing all of the essential elements of the Federal or Postal job, to be filed with the U.S. Office of Personnel Management; and however one views the unfolding drama of the next scene or act, consulting with an experienced attorney who specializes in preparing, formulating and filing for Federal Disability Retirement benefits for Federal and Postal employees may be the best way of beginning the next Act of that human drama called “life beyond a Federal or Postal job”.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Representation: Hope of escape

Perhaps it is a weekly lottery ticket purchases; or the novel that is periodically worked on but never gets completed; or even a notion that there is a distant relative who will one day meet mortality and leave a legacy of a magnitude beyond the capacity to exhaust; but of whatever dreams, fantasies or mathematical improbabilities, the mere hope of escape is often the fingernail that allows for sanity to remain, for motivation to continue to abide, and of a spark of incentive to spur onward and forward.

It is only when the cornered animal is left with no route of escape, or when an enemy battalion can neither hope to survive nor be allowed to surrender, that an unimaginable end may be considered.

Hope is the flame that abides for humanity’s safeguarding of happiness; of escape, it is something we all do, and often to the detriment of relationships that we have.

For Federal employees and U.S. Postal workers who suffer from various medical conditions, such that those medical conditions continue to prevent or otherwise impede the Federal or Postal employee’s ability, capacity and resolve to perform all of the essential elements of one’s Federal or Postal job, the hope is always there that the medical condition will resolve itself, or that the doctors will come up with a new cure, or perhaps even that a miracle will occur that tonight’s dream will awaken to a pain-free tomorrow.

Short of that, however, the hope of escape means that the medical condition will continue, but the inability to perform one or more of the essential elements of the Federal or Postal job must be discontinued either through (a) resolution of the medical condition (unlikely), (b) accommodation by the Federal Agency or the Postal Service of the medical condition such that the Federal or Postal employee may continue to work (again, unlikely), (c) resignation or termination because of excessive use of leave, inability to maintain a regular work schedule, deterioration of the medical condition or being placed on a PIP (likely), or (d) file for Federal Disability Retirement benefits, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset (inevitably).

The hope of escape still abides; it is up to the Federal or Postal employee to initiate the hope by consulting with an attorney who specializes in preparing, formulating and filing an effective Federal Disability Retirement application, thus empowering a potential escape from the vicious cycle of work-related harassment, deterioration of one’s health, and the constant concern for the security of one’s future.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: The negative of a photograph

In this digital age, the disappearance of the negative in photography is quite appropriate; for, this is an age that has attempted to expunge everything negative, both in form and in substance.  That thin strip of plastic film that was always retained, and carefully coupled with the “positive” prints, was preserved with the idea that the more valued sets of prints may become lost, distributed or otherwise disseminated, and in that event, so long as the negative of the original was retained, more could be printed out.

Just before the digital age, there were “do-it-yourself” machines – monstrosities that received the film, processed them and spit out two-prints each; or is that just the faulty memory of this writer? The double-prints were meant to allow for giving of one and keeping the other, just in case grandma or grandpa wanted one of those cute pictures where everyone simultaneous said the universal word: “Cheese!”

Yet, the concept of the negative still retains some fascination, despite its obsolescence in the modernity of the digital age; for, it is the reverse order of reality, where the lightness of images retains the darkness of reflection, and vice versa, because of the chemical sensitivity in processing the film.

And who among us recalls the ghoulish search when we actually did want to get another print made – of searching through various negatives, seeing the hollow images of figures staring back, trying to discern whether multiple negatives that appeared similar but not quite the same could be the one, by matching the angle of the face, the tilt of the head, or some mysterious figure in the background not shown in the original?

Have we all had that experience – where there is something that appears in the negative but not in the print, and attribute it to the ghostly mysteries that somehow and by mistake captured the supernatural world otherwise banished from this day and age?

The romantic world of the unknown has now vanished, along with the negative of a photograph; now, we are left with the virtual reality of a mundane universe, with nothing left for our imaginations.  For, the negative of a photograph is the mystery itself that always spurred us onward and upward, trying always to achieve the next level of accomplishment.

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 positional duties, the concept of the negative of a photograph should be quite familiar; for, once upon a time, that image beheld on that strip of plastic was the “real” you, preserved and retained for posterity as the valuable essence of a being otherwise forgotten.

Federal agencies and Postal facilities only care about the print that stays forever in the same pose and manner, unchangeable and forever identical.  The mere fact that a medical condition has “changed” a Federal or Postal employee is somehow rejected by the Federal agency and U.S. Postal Service, and that is why filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management becomes so important.

For, just like the negative of a photograph, it is the medical condition in its negative aspects that always seems to be the sole focus of the Federal or Postal facility in determining the worth of an individual.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The mistakes we make

There are those who make it their life’s goal not to have remorse for decisions made; but is that truly a worthwhile achievement?  At the end of it all, is there a special space on the unwritten tombstone that lists the mistakes avoided, the embarrassments averted, and the admissions of deficiencies concealed?  Is that not where much of Shakespearean web of deceits are constructed from – of attempting to cover up the insufficiencies otherwise already apparent in the foreboding appearances we attempt to portray?

Tenuously though we approach the daily chasms of darkened pitfalls menacingly threatening each day of our daily lives, we refuse to admit, fail to recognize or are too weak in the egocentric falsities of fragile souls to merely utter the simple words that allow for expiation of our weaknesses and quickly move on:  “Sorry, I made a mistake”.

No, instead, the complex rationale, the justifications of convoluted sequences of condition precedents that fall upon the next as dominoes of perfectly aligned decoys; and the blame then shifts upon an eternal direction of fingers pointing one to the next, until there is no one left except for that proverbial last figure on the totem pole, who cares not because he or she is the runt forgotten or the brunt of everyone’s joke and display of pure human meanness.

But at what cost do we avoid admitting the mistakes we make?  Of what layers of calluses formed, souls injured and responsibility averted, until the unquantifiable element becomes so saddled with a guilty conscience no longer able to feel, to be human, to rise above the bestiality of man’s base instincts?

The mistakes we make often harm another, but those we do not admit to, diminish the essence of who we are, what we are capable of, and always forestalls the capacity to grow.

As in any process that is complex, preparing 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, can have a pathway full of difficult decisions and a complicated morass of complex legal precedents, statutory obstacles and sheer obstructions of meandering deliberations.

The mistakes we make can haunt us with consequences difficult to reverse, and in preparing, formulating and filing a Federal Disability Retirement application, it is one of the rare instances in which he who makes the fewest errors, likely will win.  Mistakes in this area of law can range from the innocent and inadvertent, to the meandering blunders that lead to a denial from OPM.  It is often not enough to avoid a mistake in preparing an effective Federal Disability Retirement application; indeed, it is the blatant mistakes we make without the guidance of wisdom and experience that determines the future course of events, as in life in general.

Sincerely,

Robert R. McGill, Esquire