OPM Medical Retirement Legal Representation: The price of status quo

Everything has a price, whether in terms of monetized payments or through labor, effort, worry and loss of peaceful interludes.  What expansive periods of our lives do we engage and assign to “wasted” time that must be discarded, forgotten and left beside?  What is the price we pay to maintain the status quo, even though we know that such clinging to a lack of change is merely extending the wastefulness of our own making?

Change is something that most of us resist.  Yes, we hear of, read about, or otherwise are told about “venture capitalists” or gamblers who throw the dice on everything — their future, their stability, their own sense of worth, whether net or paid for in dreams lost; of how you cannot know success until you first experience the bitter taste of failure, and how the most successful of men and women in the world failed miserable many times over until that moment of victory and triumph.

The ordinary human being, however, is either unwilling to, or otherwise unmotivated in any path towards self-destruction, or the potential for such disastrous outcomes whether real, dreamed, imagined or feared.  The fact is that there is always a price to pay whether or not one acts affirmatively, or doesn’t act at all.

The former places the burden of identifiable responsibility squarely upon the proverbial shoulders of the acting agent; the latter — of “sitting tight”, not doing anything, and remaining the perennial benchwarmer who merely watches and observes as the world passes by — can always defer any personal responsibility and counter that it was “circumstances beyond my control” or that “fate had its rueful day”, or other such indifferences of neutrality.

The reality, however, is that the price of status quo is often just as expensive as that of affirmatively acting; we just fail to see it by conveniently engaging in language games that avoid such recognition of such consequences resulting from inaction.

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, preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may be the best alternative to paying the continuing price of status quo.  What cost?

Well — the enduring of the medical condition; the constant harassment at work; the increasing pressure of disciplinary procedures; and much more, besides.  That is the price of status quo.  And of affirmatively moving forward with a Federal Disability Retirement application?  It, too, must pay a steep price — of engaging a complex administrative and legal process; of facing the chance of a denial from the U.S. Office of Personnel Management; of entering into a surreal universe of bureaucratic morass.

But everything has a price to pay — whether of status quo or of affirmative movement; it is up to the Federal or Postal employee as to whether the end-product is worth that price.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Dreams quashed

It has a ring of finality to it, a tone of termination, a quake of unequivocal endings; to extinguish, to suppress or to stamp out; it is often used as an example of some authoritative juggernaut putting down and out a rebellion by some wayward bandits; and so when it is conjoined and combined with another word – one that denotes hope for the future, a flicker of light for something positive – that has a positive connotation, it becomes an oxymoron of sorts, or a compound concept that cancels out one another.

The first word allows for a future hope and anticipation of things yet to come; the second, a denial of the first, a negation of that which one lives for.  Dreams quashed is an admission of defeat where once victory was in hand; a resignation to the reality where warmth of hope yet remained; and a bowing to a reality where the subjective universe perhaps allowed for thoughts beyond that which the objective world would dictate.

The compound concept of dreams quashed, when applied to a young soul just starting out in life, is perhaps a tragedy; as one gets older and reaches towards the dusk of life, or of the old man in a rocking chair rocking the finals days of breath away into the sunset, perhaps less so.  Yet, for everyone, whether young, old or in-between, dreams constitute the fiber of life’s worth, the filament that connects between despair and a will to move forward.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent, impede and block the ability and capacity to perform all of the essential elements of the Federal or Postal position, the recognition that a career may be coming to an end, and anticipation of that “dream job” one finally obtained after college, and the realization that the camaraderie of working on a team, of having a unified purpose and a singular mission that always moved towards the future, to fulfill mini-dreams and projects that leaped into the beyond such that tomorrow was worth living and the next day was an anticipated victory of some proportions, perhaps microscopically relative to the greater universe, but nonetheless a platform that reflected upon one’s self-worth; these constitute those very “dreams” that appear to be in danger of being “quashed”.

Sometimes, however, the dreams of yesteryear need to be adjusted, such that it is not truly a quashing, but merely a modification.

Federal Disability Retirement is a recognition not of a dream quashed, but of a priority realized – that health is not always a given in life, and that which we took for granted was never to be freely accepted, but a gift received by a token of one’s sense of mortality.  Dreams quashed are merely hopes deceived, and preparing an effective Federal Disability Retirement application, whether the applicant is under FERS, CSRS or CSRS Offset, is to merely delay the inevitability of another dream revived but perhaps left forgotten in the rush to make a living.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The out-of-tune band

There is something particularly annoying about a piece of music, an orchestral ensemble or a simple song that is out of synchronized perfection, or put quite simply, out of tune.

The annoyance can be traced, of course, to the origin of the discordant piece; the “band” itself, the group of musicians or the orchestra or symphony that is responsible for the unpleasant sound waves that drift through the molecular structure of the unseen world and pervades down into the refractive caverns of one’s ears, then interprets through neurons firing in order to “hear” the vibrations that are supposedly in consonance with one another such that it becomes a coherent song, piece or musical collection.

The out-of-tune band is indeed an annoyance, and we believe should be outlawed and made illegal.  Short of that, what is it about a discordant collection of individual instruments that makes it unpleasant?

Taken individually, perhaps each player of a particular instrument can play it with utmost perfection; yet, when two or more players come together, it makes for an exponentially complicated attempt at coalescence, harmonious combination and synchronized heavenliness.

Getting married – of two different people coming together and making a lifetime commitment without killing one another – is difficult enough; getting a band together and coordinating disparate sounds and vibrations and, through practice, creating music that approaches a pleasantness of sounds – now, that is what you call nigh impossible, and somewhat like marriage in the sounds of silence (sorry, but somehow one must always try and include Simon and Garfunkel’s classic; and, of course, we must ask the eternal question: What ever happened to Art Garfunkel?) that we all strive to achieve by perfection of heavenly voices.

A Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is somewhat like trying to put a band together, as well.  Coordinating all of the elements – the Statement of Disability; the medical evidence, making the legal arguments; delineating the entirety of the Federal Disability Retirement packet into a coherent whole such that it does not “sound” discordant, which then hints at a trough of suspicion or insincerity, which then further leads back to an “annoyance” at the originator of the Federal Disability Retirement packet, and a likely denial from the U.S. Office of Personnel Management – is an important step towards an uncertain outcome.

Like the out-of-tune band, the success of a Federal Disability Retirement application cannot be just “putting together” a few documents here and there and haphazardly writing one’s Statement of Disability; no, it must be put together so that there is coherence, coordination and coalescence in bringing together all of the evidence for such an endeavor to be deemed “a fine tune”.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement under FERS & CSRS: The Kokeshi doll

They are wooden dolls that are colorful, with expressions painted upon that remain frozen except for the change that naturally occurs when viewed from differing angles of sight, reflecting altered perspectives and modified vantage points depending upon one’s own emotions.  They sit on tabletops, shelves and can be a child’s playmate, though parents often view them more valuably as display items rather than taking the chance that the little brother may play them as reenactments of a prior war imagined to be fought by banging pieces of wood and throwing them against the yet-undamaged wall.

The heads are often disproportionately larger than the remainder of the body; and the rest and remainder, often just a block of smoothed wood with hands painted in a one-dimensional pattern, revealing no motion but straddling limply alongside the rectangular shape, like a submissive figure shuffling down life’s difficult trials in the daily struggles we all face.

The Kokeshi doll never complains, but always delights; never talks back, but eternally agrees; and never fails to bring light into a dark corner, but forever allows for a reminder that it is the trivial joys of life that make for worthwhile endurance in times of misgivings.  We are all, in many ways, expected to be like these inanimate objects that we have projected our own emotional well-being upon.

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 the Federal or Postal employee’s job, the fact that you are no longer able to remain impassive, implacable, disaffected and unmoved by the manner in which the Federal Agency or the U.S. Postal Service has begun to treat you, is not an extraordinary insight to possess and be suddenly enlightened by.

Though we may enjoy the delightful colorfulness of a Kokeshi doll, we cannot expect to be nor act like one.  It was always the productivity released, the competence revealed and the level of contribution inputted that made the Federal or Postal employee “valuable” to a Federal agency or a Postal facility; but when a medical condition hits a person, it is simply “not right” that the Federal agency or U.S. Postal Service should treat the Federal or Postal employee as merely another Kokeshi doll who should remain quiet and unperturbed standing in a corner.

Thus, when the Federal agency or Postal facility fails to treat the Federal or Postal employee as something more than the inanimate object a Kokeshi doll ultimately is, it may be time to prepare, formulate and file an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, before that rough-and-tumble younger brother comes along and really begins to mistreat that block of wood.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from the Office of Personnel Management: The soul’s net worth

What is one’s sole net worth?  In a written format, the distinction between the two concepts are quite obvious; but if in a verbal exchange, would we be able to catch that subtle distinction of nonexistent intonation?  For, the exchange of the vowel “u” in the middle of the word for an “e” attached to the tail alters the meaning of the query, does it not?

From an evaluation of one’s singular calculation – of taking the gross amounts of estimated value of possessions and purchases and subtracting outstanding debts, etc., and accounting for one’s sole net worth – not taking into consideration one’s spouse’s inheritance or assets predictably to be acquired – to a theological analysis of a particular person’s essence, is quite a modification in the very context of substantive investigations.

How do we determine the latter?  Can “assets” be exchanged for “good deeds” and “debts” for “sins committed”?  Or must we be restricted to such a theological paradigm based upon traditional perspectives of Western conventional values?

Instead, why not transform the soul’s acquired possessions for “those deeds which have advanced mankind’s happiness” and the debited side of the ledger calculated by the diminution of joys snatched and by the pounds of flesh extracted, the cups of tears compelled and the scars left for eternity’s judgment?  And, if there is to be a consequence to follow, a bifurcation between paradise and hell, a mansion with many rooms or a shanty for the mendicant, then the dervish that seeks may yet account for past deeds if the good intent revealed later in life may vanquish those miscreant motives once unfulfilled in the early days of youthful vigor.

Yet, can a soul’s net worth indeed be calculated in terms of a sole net value?  Can we use the identical mathematical method in determining such a vaunted essence of Man’s substantive Being?  If the answer is ‘no’, then why is it done each and every day, not only by others, but surely by you and I?

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 position, whether the Federal or Postal employee is under FERS, CSRS of CSRS Offset, does not the Federal Agency or the U.S. Postal Service calculate the soul’s net worth in that very manner as a determination of his or her sole net value?

That is, in essence, what a denial of a requested accommodation constitutes; it is what a judgment of termination can be deemed as, and it is precisely what is done when workplace harassment and increasing pressures to “get rid” of the Federal employee or U.S. Postal worker – all of these are means of determining the soul’s net worth by the vehicle of an accounting method tantamount to the sole net value of a person.

The sad thing is, like gods, angels and unicorns held in the fancy of a child’s palm, such a calculation is not only a sin, but a travesty reflecting the darkness of our times, and but for preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, the shooting of the unicorn would occur even more frequently while ignoring the pleading cries of a child’s trembling advocacy.

Sincerely,

Robert R. McGill, Esquire

 

Medical Disability from Federal Government Employment: That departed innocence of yonder years

Whether we have become meaner as a whole, or that people have always been so and we just never knew it, we shall never know.  How does one contrast the incomparable?  What algorithm would be applied, which quantitative analysis, and how would a qualitative methodology of content-purity be administered?  Parity of differentiation would destroy any meaningful application; for, the generational divide would question the relevance of any prior criteria applied, and the subjectivity of inherent bias as to the meaning of innately elastic words would undermine the entire format.

Is there a natural yearning for a bygone age — of romanticizing a time never quite existing, somewhat skewed, and forever filtered through the antiseptic memory edited by time, desire and the psychology of protective devotion?  Do we selectively choose, whether unconsciously or with deliberative acuity, that which we want to preserve, like those museums housing reconstructed prehistoric beasts from mere fragments developed into an imaginative construct of creative fantasies?  Yet, there are clearly narratives which have annotated a different mentality, a structure of a departed innocence portraying a pastoral purity forever vanquished by modernity of vacuity.

Mark Twain’s works surely provide evidence of it; although, one has to read his works of later years to recognize that even he succumbed to the cynicism of life’s undesired experiences.  Look at the ending in Pudd’nhead Wilson; do any of the characters emerge victorious from the circumstances ascribed, or does the wheel of misfortune simply accept the inevitability of a world ensconced in the satire of fate as administered by gods who play with eternity and circumstances, like malevolent children with insects and matches?

Then, of course, there is Carl Sandburg’s depiction in, The Prairie Years —  but does that not prove the point?  Was it not merely a retrospective outlook of a selectively chosen era, characterized by age and want of holding on to yonder years forever lost and transcribed merely by an age of innocence never in existence but by device of mythologization (despite the ugliness of such a term)?  Yet, whether of reality or of tricking one’s self by some repressed psychological device, the human need to retain and preserve that departed innocence of yonder years, is a reality which is part and parcel of the complexity inherent in the phenomenology of sanity.

This is important to consider, especially for the Federal employee and U.S. Postal worker who feels a sense of hopelessness and despondency, given the current situation of contending with a medical condition and where decisions concerning one’s future must be made.  For, when a medical condition begins to intervene, and the Federal or Postal employee must consider the probability of 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, the “surface” issues that must be contended with — of the unpleasantness of the circumstances themselves; the hostility of the Federal agency or the U.S. Postal Service; the medical inability and incapacity resulting from the illness or injury; all of these are mere “appearances” which conceal a more substantive undercurrent of “reality” imposed.

For, like the yearning for that departed innocence of yonder years, the truth of the matter is that all human beings seek for, and desire, a sign of kindness — that simple act that costs nothing, but encompasses an untold value of meaningful touch which feels for a brief moment the brush of an angel’s garment as it shuffles silently by, leaving the warmth and floral scent of a life worth living.

Sincerely,

Robert R. McGill, Esquire