Tag Archives: how to respond to a federal disability application from opm

OPM Disability Retirement under FERS: A Tough Life

Life is tough in general — and not much has changed since Thomas Hobbes’ descriptive penning of man’s life as “solitary, nasty, brutish and short”, from his magnum opus, Leviathan.  Of course, he was referring to the need for political change; and, in truth, much has changed, and improvements to the comforts which make up for life’s pleasurable moments, have advanced somewhat.

We no longer have to spend each day scrounging for the day’s meal, and most people have some leisure time to take vacations, go out to a restaurant, a movie, a play; or simply sit at home and read a good novel.  A greater part of our society has gone well beyond a life of subsistence living.  Yet, the view that life is tough, still prevails.  The daily stresses of subsistence living is now replaced with other stresses, and the one constant in everyone’s life is the challenge of a medical condition.

Medical conditions place everything else into proper perspective and context.  Without our health, the tough life becomes even tougher.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows the Federal or Postal worker to perform all of the essential elements of one’s Federal or Postal position, consider filing for Federal Disability Retirement benefits, and thereby lessen the toughness of life, where the tough life represents Hobbes’ description of the solitary, nasty, brutish and short version of a Dickensian description of life’s daily challenges.

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: Knowing where your dog poops

It may seem like a minor thing, but such seemingly insignificant knowledge often represents a metaphor for greater and more relevant factors.  What happened the previous day can set the tone of how the next, succeeding day will turn out.  There is, in life, a repetition and rhythm that is fairly predictable; and when that monotony of comforting recurrence is suddenly gone, one’s world and the universe of dependability can suddenly appear shattered and unreliable.

Dogs tend to poop in the same area, and their “habit” is fairly predictable — much like human beings. Knowing where your dog poops in the back yard is important if you accompany them in the early morning hours of the following day.  As the old adage goes, you don’t want to “step in it” — whether in your back yard, in someone else’ yard, or in a public park where some inconsiderate individual didn’t “curb’ their pet.

Life itself is a metaphor for things common, and knowing where your dog poops — or where all of the dogs of the universe have relieved themselves — is a lesson about trying to keep yourself out of trouble, embarrassment, discomfort, or a combination of all three.  For the most part, we learn in life to do just that — to avoid certain areas; to keep away from certain trouble spots; to remain reserved and cautious.  But then, there are other issues that crop up that we have no control over — such as a medical condition or an injury that occurs over which we have had no say-so, no control over, and certain ones which we could not avoid.

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, the constant striving to know where your dog poops — of trying to hide from the wrath of a supervisor, or of hoping that your agency will not notice how much SL or LWOP you have taken; of the work that hasn’t been done because of your medical condition; of trying to avoid being noticed too much for fear of retribution — in other words, of trying not to “step in it” — can become exhausting and daunting.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management may not be the “perfect” solution, but it is a step towards regaining some semblance of balance in one’s life so that, when you are approved for Federal Disability Retirement, you will once again know where your dog poops, even if it is dark, in the middle of the night, and the dog itself is unsure.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employee Disability Retirement: The shape of reality

Does it really have a shape?  Yes, yes, of course it is a “dimensional” world where there is depth, height, width, volume, and all sorts of “stuff” in between — and “form” differentiates and distinguishes between various “beings” such that there is not a “oneness” of Being; but beyond that, does “reality’ have a shape, and is it different for each of us?

Of course, the natural follow-up question concerns whether we can ourselves “shape” reality — used as transitive verb and not as a noun — as opposed to encountering reality “as it is” and merely accepting its trueness of Being.  Is Kant correct in that the categories of the human psyche form the perceptual reality that surrounds us and, if so, is it different for each of us?  Do the mentally ill merely have a different “shape of reality” as opposed to “normal” individuals with healthy psyches?

How is reality shaped — does our eyesight make a difference?  Do the blind have a different shape of reality because they must depend more upon tactile experiences which determines their space within a darkness of extension and volume?  If we could smell colors and see scents, would the shape of reality be altered?  Does language modify the reality we perceive, and in modernity, has Facebook, Twitter and Instagram radically transformed the very essence of reality’s shape?  And does a medical condition modify one’s shape of reality, as well?

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 shape of reality must include various encounters with alternative universes that may previously have been unthought of — as such shapes of reality that may include the preparation, formulation and filing of an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

It is, indeed, a different shape of reality: One must think about a life and career apart from the Federal or Postal sector; and while such shapes may change, such realities must be adapted to, and the one constant in life is the essence of who you are, what you have become, and the idea that you can still shape reality into the realness based upon the shape that you are in today.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement under FERS & CSRS: Persistence versus giving up

The latter should never be an option, although it is too often contemplated; and the former requires either a dull sense of reality or an in-born stubbornness that refuses to acknowledge defeat.  Both are often the result of the countermanding characteristic of the opponent who relies upon the fact that a certain percentage of the population either lacks the characteristic of persistence or otherwise will ultimately give up with nary an effort or will to fight on.

How many battles in history’s billfold of forgotten memories resulted in defeat because of a ruse portrayed by the enemy?  It is the bold pretension that tests the resolve and allows for victory or defeat; the knowledge that there will always be a certain number of people who, upon facing any resistance or adversity, will simply “give up” and surrender.  Thus is it left up to those who will persist no matter the challenge, where adversity and contention will be endured no matter the cost.

For Federal employees and U.S. Postal workers who enter the arena of a Federal Disability Retirement process, one should always expect and prepare each stage “as if” the battle at the next stage will ensue.  If a denial is issued by the U.S. Office of Personnel Management for a Federal Disability Retirement application, of course it is going to be written and conveyed “as if” the case never had a chance, “as if” none of the medical evidence had any relevance or significance, and “as if” you don’t even come near to meeting the criteria for eligibility for Federal Disability Retirement.

By sounding “as if” you never had a chance and failed miserably to meet any and all legal criteria for eligibility, OPM is banking on your lack of persistence and the concomitant reaction of simply giving up.

However, persistence is the key to success, and giving up is merely a prelude to a victory near at hand if only one steps back, takes a deep breath, and realizes that, from the very beginning, Federal Disability Retirement was never going to be an easy road to bear — but a consultation with an experienced attorney may well lift the burden of the beast where persistence is the key and not giving up is the pathway to a successful outcome at the next stage of the administrative process called “Federal Disability Retirement”.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Benefits: Escaping reality

In some sense, everyone does it; in another, no one can.  For, in a general, generic meaning of the term, to “escape reality” is to merely engage in an activity that allows one to take a break from the ordinary and mundane, as in going to a movie, watching television, playing a video game or engaging a game of chess. In the same vein of meaning, however, one could argue that such leisurely pastimes constitute a reality no less real than working, dealing with life in other ways and attending to one’s daily duties and obligations – it is simply in a different “form”.

Daydreaming, getting lost in an imaginary world through reading a book, of even sleeping – these also constitute a form of “escaping reality”, if the term implies a narrow meaning manifesting the daily grind of work, family and surrounding obligations.  Going to school, surfing the internet or concocting plans for grandiose schemes – these, too, can be considered “escaping reality”, inasmuch as they do not put food on the table or pay bills; and thus do we face the reality that people possess different meanings when they make critical remarks that are triggered to demean an activity by making the charge that engaging in X is nothing more than an attempt to escape reality.

There are, of course, true escapes that are harmless, and those that, if entertained over too long a period of time, can become an entrenched harm that may be irreversible.  Taking a dream vacation to an isolated island deep in the Caribbean Isles can be a healthy escape from the daily reality of work and exhaustion; imagining a life different from one’s own, through a limited period of daydreaming, may be an acceptable form of transcending the turmoil of a day’s trial; but creating a world where one’s loved one, lost from the reality of this mortal world, is still present through one’s imagination and will of existence, may be considered a sickness when it begins to impede the ability and capacity to take care of one’s own needs.

There is a fine line between healthy escapes and detrimental plunges into the surreal world of the imagination.  How one takes upon the challenges of a medical condition is often a delicate teetering amidst the boundaries of health and unhealthiness.  We would all like to will away medical conditions, but the reality is that the real-ness of the injured, sick or otherwise deteriorating body, mind or both, cannot ultimately be avoided.

For Federal employees and U.S. Postal workers, the idea of preparing a Federal Disability Retirement application is often a step towards recognizing the reality that there is no curative power that will allow the Federal or Postal employee to continue to work in one’s chosen career, and that preparing an effective Federal Disability Retirement application, to be ultimately submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is merely a matter of inevitable time.

Delaying the process, procrastinating the preparatory steps, or avoiding the issue altogether – all are a form of escaping reality.  Whether such an escape is a healthy precursor to the reality which must be faced, only the Federal or Postal worker who is engaging such an escape can tell, as the reality of one’s future may rest upon the very escape afforded by filing a Federal Disability Retirement application through OPM.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirements: The verse of 1-liners

Can a verse stand alone, isolated in its metrical composition, without preceding or succeeding contextual delineations?  Of what value can the singular have, without the surrounding aggregation of the whole?  Like a scrap or fragment of a larger narrative revelation, of archaeologists and anthropologists working with but a piece of the greater story, the verse of 1-liners forever echoes for a harkening of others to join.

John Donne poetically captured the sense of that isolation, and Thomas Merton wrote a reflective narrative upon that very theme; but there we are, still left with the hollowness of an island’s separation, revealed by a lack, concealed by non-existence. We can, of course, always pretend that nothing came before, and there is no need for the after; but, somehow, such a vacuum of emptiness left alone in the quietude of a vast sea floating amidst the morass of a lonely singularity, doesn’t quite fit the narrative we all seek.

And it is not merely the personhood; it can be in the context of one’s past, where the currency of experiential encounters would lack meaning without an untold yearning for the future, and nothing to rely upon of what we recognize as the prefatory period of living.  Perhaps that is why people seek to unseal adoption records and search for the origins of genetic lineage; of why hope for a more promising tomorrow is necessary for the healthy preservation of every human being; it is because, without a connection to the past, nor a window of hopeful vision for the future, human beings are left with being a mere verse of a 1-liner.

There are monks and hermits in lonely pockets of isolated caverns, where meditation upon the consciousness of self or the wider phenomena of collective discoveries is attained by deliberate seeking of a singularity for solitude’s sake, in hermitages jutting out from cliffs afar; but that is rare, much like the monophonic sacredness of the Gregorian chant, reverberating across the valleys of our own sense of isolation and despair.

Or, perhaps that verse of a 1-liner (note the singular grammatical ascription, now, as opposed to the plural as reflected in the title of this narrative) can possess a gemstone of wisdom, and in that event, it can stand alone in the strength of its own lack of plurality. But for the rest of us, we recognize that it is the support of the greater whole that gives meaning, purpose and relevance to the lives we mold and hope to embrace.

That is why, for Federal employees and U.S. Postal workers who come to a point of realization and recognition that the medical condition which developed, and which has come to a crossroads where the medical condition prevents the Federal employee from performing one or more of the essential elements of one’s Federal or Postal job, and therefore will cut short the career of one’s choice, the option to prepare, formulate and file 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, is a final admission that one will no longer remain as part of a greater stanza, but become separated as a verse of a 1-liner.

Isolation and separation are concepts alien to a social animal; and for the Federal or Postal employee who must file for Federal Disability Retirement benefits through OPM, that concession that the verse of 1-liners has arrived, is indeed a difficult line to accept, but nonetheless a necessary one.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Rhymeless Poems

When did it happen?  Certainly, by the time E.E. Cummings came upon the scene, with his oddity of typographical stream of consciousness, the acceptance of it had already come to fruition; or, perhaps it was in the translation of foreign such vehicles of linguistic amalgamations – when the first frustrated translator threw up his hands in disgust at a Japanese Haiku or a German verse of too numerous a compendium of throat-clearing consonants, that the advent of the rhymeless poem reached its fulfillment and pinnacle of public acceptance.  Or, maybe we just ran out of words.

Words are funny vehicles of communication.  With facial expressions, the scent of another, the movement of body or a sense of fear, anticipation and the adrenaline of life, one can discern an endless eternity of subtleties that, in their inexhaustible divining of messages sent and received, can further be conjoined, compounded and confounded by the essence of human complexity.  But words are limited to the meanings of each; and in the finite world of vocabularies existent, the rhyming words are that much more delimited.

It is not, as Wittgenstein would point out, something that we can just create out of whole cloth; for, there can be no “private language game” of one, as the very essence of it would be lost in the creation of a singular language game – communication, which is the purpose and teleological livelihood, cannot be justified if no one else understands the word, the greater concept, or the linguistic artifice intended.

Sure, sure – words are created everyday, especially in order to accommodate the growing technology of Facebook, Twitter, Snapchat, etc.; and the abbreviated forms of linguistic devices necessitated by text messaging, as well as the diversity of communicating through emoticons, etc., only prove the point:  All such such inventions and convoluted conventions of acceptability have a finite basis in any algorithm created.  In the end, we are just left with more words, and the inability to find that perfect rhyme in a verse of poetic need.   And that is the point, isn’t it?

For the Federal employee or U.S. Postal worker, having a medical condition is similar to reaching that point in writing a poem, when the rhyming word can no longer be found.  Life itself is like an endless verse of poetry; we flow along and rhyme from word to word, with a cadence found in maturity of experiences; then, one day, a medical condition develops, and the rhyming verses suddenly pause.  We don’t know what to do.  Search as we may, we cannot find that perfect word, or that acceptable cadence of living life.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may not be that discovery of the perfect word to end the silence of a rhymeless poem; it is, however, the last word in the verse of a Federal or Postal employee’s career, which may save the day from leaving the empty space blank, and instead, allowing for the next cadence in this continuing drama of verse-filled experiences, to take a leap into a future of security and new beginnings.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement Benefits: The Diary

Many begin the process at an early age, then abandon it with little remorse or afterthought, as a worthless project discarded for want of inherent value; and when, years and even decades later, it is discovered behind a bureau or a secret cubbyhole where trinkets and memorabilia retaining an eternal aura of privately precious remembrances are stored away, we shriek with joy as if the lottery had been won, a proposal has been declared, or a camouflaged vault containing the mysteries of gemstones and valuable cadavers had been pried open with but the wishes of gold pots at the end of a rainbow.

Then, as we turn the pages and delight in the innocence of bygone days, we regret that early abandonment turned away the gleeful idealism of a youth now a stranger, a mind intimately once known, but somehow forever a mirrored reflection of an identity of the same historicity in time and element, but yet in a parallel universe now non-existent but for memories kept securely in the destined vault of youthful summers.

Blank pages which abruptly reveal the terminal secrecy of thoughts and activities recorded once as sacred incantations of mysteries foreboding; whether of loves begotten or turmoils annotated in cloaked tears when others had retreated to the privacy of a house appearing in mirth, but ignoring the secret lives even in the midst of intimacy; now from the perspective of wisdom and maturity, do we laugh, or yearn for that innocence lost and the extinguished glow of naive eyes now dim with the experience of calloused beatings?

In more recent times, of course, we are told that one can actually lie to one’s self in a diary; but our own experiences tell us with greater certainty than the world can accord, that the tattered pages of bygone memories reveal truth as never before declared, and moreover, there is nothing more precious in life than the self-confessions of a heart once pure, only to be consecrated into the malignancy of a world which cares little.

It is, indeed, that transition from writing to the imaginary character of one’s own creation, to the intermediate level of testing the waters of reality, then to be pushed into the manifold chaos of the greater world, that constitutes the sin of destroying the human soul.  But that we could turn back the hands of time and reenter the hallways of innocence; but, no, that would mean that the womb of our essence would be revisited, and the soil of our own impurity would desecrate the purity of those precious memories we safely tucked away.  Then, one day, we open our eyes and we have “grown up”; and nowhere is there any room for such foolishness as hearts which once poured out for yearning of innocence betrayed.

Federal employees and U.S. Postal Service workers who suffer the inequities of workplace hostility, harassment — no, let’s just use the singular word which is simple, outdated, but still relevant — “meanness“, as in the child who has just had enough, screws up his face and cries out, “You are just plain mean!” — know of the experiential desecration of humanity, when a medical condition becomes revealed, and others who were perhaps identified “friends” and coworkers suddenly turn the proverbial “cold shoulder” upon the vulnerability opened, as a wound wrapped but now exposed.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, is not unlike the youthful abandonment of the innocent diarist from bygone days.  For, like that abandoned project scoffed at for want of perseverance or perhaps plain boredom, it is the treasure found at the end of the process which resuscitates the goals once considered and the future to be embraced; and, in the end, there is a difference between regret for a childhood forever gone, and a later stage now delivered, but where broken promises are ignored with a twinkle of a child’s forlorn gaze.

Sincerely,

Robert R. McGill, Esquire