Federal Employment Disability Retirement Benefits: At Least…

At least I have my dog; at least we all have each other; at least it wasn’t a complete loss; at least I have my health….  Is it because of the base-line of life’s fortunes that we may maintain our sanity and allow for hope to thrive?  And if we were to ever lose the “at least” — is that when life becomes too unbearable to withstand, or will we simply find another replacement “at least”?

Take the following hypothetical: A tornado or other natural disaster destroys a home; everything is lost; the person who survived stands with his or her dog and says to the reporter, “At least I survived”.  The next moment, the survivor suffers a heart attack and is bedridden for the rest of his remaining days.  Once the “at least” was taken away, was there a replacement?  Is the final “at least” the one which goes thus: “At least I am still alive”?  And when that is taken away and silence follows, is that the answer to the question: Is there anything beyond the last “at least”?

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 job, the question of “at least” is an important one.  For, when the medical condition strikes, the “at least” question is not: “At least I still have my health”, but might rather be, “At least I still have my job”.

It is the latter concern — when the medical condition begins to impact one’s ability and capacity to perform all of the essential elements of one’s job — that may lead to consideration in filing for Federal Disability Retirement benefits, ultimately leading to the further “at least” declaration: “At least I have my Federal Disability Retirement annuity.”

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Workers: Stronger/Weaker

It is a categorization at the most basic level — one that is seen daily in Nature and reflected in the human narrative of historical tides and tragedies.  The stronger dominate the weaker; the latter submits to the former, or flees in terror or dies while trying.

In modernity, the password that protects one’s technological contraption is determined for sufficiency based upon that most basic of identities: stronger or weaker.  The bully on the playground will scan the potentiality for complete dominance at the beginning of each school year, based upon the appearance of how one projects one’s self on the very first day.

Throughout the continuum of life’s encounters, no matter how much we may resist becoming pigeonholed into such simplistic bifurcations — whether of our physical stature; our creative energies; our proclivities and mannerisms, etc. — in the end, we all revert back to the foundational elements of our evolutionary ancestors and systematically deem this event or that capacity as either “stronger” or “weaker”.

We like to think that in our advanced state of civilization, such simplistic terms have become muted because of the heightened level of sophistication (i.e., thus the “revenge of the nerds”, where brain overcomes braun); but our true natures nevertheless tend to reveal themselves despite our best efforts to resist.  It is no different in the arena of “the law” than in all other categories.

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 issue of “stronger” versus “weaker” continues to dominate: One’s medical condition places one in the “weaker” position as against the Federal Agency or the Postal Service.

The Federal Agency or the Postal Facility may begin to assert its “stronger” position by a series of adverse actions initiated to establish a paper-trail leading to ultimate termination, including a “Performance Improvement Plan” (otherwise referred to by the acronym, “PIP”); and when the Federal or Postal employee takes the necessary steps in 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, it is important to try and gain the “stronger” advantage by enhancing, in every way possible, one’s Federal Disability Retirement application.

There are few “slam-dunk” cases when it comes to a Federal Disability Retirement application.  While the applicant may “believe” his or her case cannot possibly be denied — naturally, because the applicant who tries to prepare the case on his or her own is the same person who suffers from the medical condition upon which the Federal Employee Disability Retirement application is based, and so there is lost a sense of “objectivity” as to the strength or weakness of a case — most cases must be assessed on a scale of “Stronger/Weaker”, and such an assessment is based upon the multiplicity of factors analyzed, including: Does the available and current case-law support the application?  Does the medical documentation sufficiently meet the eligibility criteria under the law?  Will the Agency’s portion of the Federal Disability Retirement application undermine the Applicant’s portion, under the law?

In the end, the law itself determines the basis of a Federal Disability Retirement case in its most basic form of whether a case is “stronger” or “weaker”, and to determine that important aspect of assessing and evaluating a case, consultation with a specialist in Federal Disability Retirement Law is a “must” in this world where nature’s disposition towards the Stronger/Weaker bifurcation continues to dominate.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability: Casting caution aside

Does it count if you didn’t mean it that way, but others perceive that you did?  If you do X but intend Y, but others think that your X was intended as X, is it still valid?  And how does validity work, here — is it only if you declare to the world what your intentions were in the first place, or if you smile slyly and keep your inner intentions a secret, does it still count as “valid”?

Isn’t that ultimately what we are afraid of when we act upon something — that someone will think one way and we want them to think another, or otherwise there is some lack of correspondence between truth and the thoughts within?

When we are casting caution aside and others warn us of our impetuosity, do we pause and care to “correct the record” because we worry about what others might think?  Isn’t that one of the underlying reasons why Federal and Postal workers fail to initiate the process 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?

We avoid that “tag” that everyone abhors — of a “malingerer” within the ranks.  Too much sick leave taken; not quite at the productive levels we once had a reputation for; excessive LWOP; constantly having appointments at the doctor’s office; and, suddenly, we believe that others are “staring” at us, judging us, whispering behind our backs.  Are they?  Or is it just my imagination running amok and creating a surreal universe of misperceived paranoia?

We become cautious, tentative, unsure of ourselves, wondering what our coworkers and supervisors are thinking.

Casting caution aside is not always an act of unthinking impetuosity or even of a gambler’s mindset. For, when a medical condition is involved, the only issue that matters is one of prioritizing one’s health, and preparing a Federal Disability Retirement application is often the best option available, and while others may consider the process as another pathway in casting caution aside, they simply do not know what you have endured, suffered and gone through before coming to such an important decision.

In the end, the universe of the subjective can never be judged by the mere appearances of the objective, and one’s opinion concerning the health of another cannot be valid without first experiencing the medical condition of the person suffering.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Lawyer: Reality, perspective & medical condition

Reality is the existence of Being; perspective, the Kantian structures of how we see things; and a medical condition is that intervening, interrupting and corroding event that may render the first and second of this tripartite concept into a skewering of prospects.

Of course, a medical condition impacts the reality of a situation, especially a person’s ability, capacity and initiative towards a goal, and further, one’s perspective may become completely altered as a result of the event –priorities may change, the goals one has may be pared back, and even the enthusiasm towards certain things may become modified.  That is why a medical condition is sometimes considered a “game changer” in the reality and perspective of one’s life.

Life is full of bumps and bridges; of trespasses and rightful directions; and even of encounters with empathy, love and kindness; and though the reality of one’s situation may often appear that any perspective other than one seen through the eyes of meanness, cruelty and hardened hearts is merely a child’s dream of a fantasyland long passed and forever extinguished, there are still times of joy to look forward to, moments of smiles and days of sunshine left.

A medical condition is often a dark cloud, but a proper perspective on the reality of that darkness needs to be gathered.

For the Federal employee and U.S. Postal worker who sees nothing but turmoil, disaster and progressive deterioration because of the medical condition that prevents the Federal or Postal worker from performing one or more of the essential elements of one’s job, 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, may lend the Federal or Postal employee a different perspective on the reality of one’s situation.

No, filing an OPM Disability Retirement application will not be the answer to all of reality’s problems, but it may change one’s perspective as to the dark cloud that has gathered upon the reality of that medical condition that won’t seem to go away.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement for Federal Employees: Trivial Pursuit

The game itself apparently reached its peak of popularity in the mid-80s.  What is so fascinating about playing the game, was that the very person who attained the highest success at it was often admired as “smart”, “intelligent” or otherwise brilliant in intellectual prowess; and yet, the name of the game itself should immediately undermine that stellar coronation of earned consolation, if by just the mere fact of admitting to possessing such tropes and tripe of information in globs of voluminous detail.

Is the thought-process as follows:  Those who have such an excess and overflow of knowledge must be smarter than the rest of us precisely because, to know such ancillary details, he or she must have a greater pool and wealth of wisdom such that the overflow is reflected in the triviality of the aggregate?  Or, is it that we presume knowledge – any knowledge – can be counted by quantity, and not by quality of technical output?  Why would the capacity and talent of being able to respond to irrelevancy constitute a basis for admiration?  And where does the line begin and end – that demarcation between knowledge and wisdom, health versus destructive fetish, or curiosity as opposed to a prurient obsession?

It reminds of the scene from one of Woody Allen’s movies, where the future wife-killer invites the couple to their apartment and begins talking to the nervous character about his stamp collection – a detail which the guest neither is interested in, nor has the slightest curiosity to pursue, and instead does his best to avoid the subject and escape without being too blatantly rude in the process.  Or of the interest and hobby which leads to a career, or perhaps a successful marketing venture, as opposed to that which merely consumes one’s time and energy in wasteful degeneration of selfish delight; is there a difference, and what marks the distinction?

There is, of course, that perennial martyrdom of defining the “trees for the forest”, or the “big picture” in contrast to the details – like that scene where the Feds are pursuing Al Capone based upon a general knowledge of his high crimes and massive illegal conspiracies, but from the corner squeaks the voice of a mousy agent with wire-rimmed glasses who suggests getting him on a technicality of tax evasion; no, it is not quite as romantic a basis, but it gets the job done.  And what of technicalities in all arenas of law –  can one presume them to be trivial pursuits, or of utilizing the details in order to win a case where others have seen only the wider expanse of unseen legal maneuvers?

For the Federal employee or U.S. Postal worker who thinks that preparing, formulating and filing a Federal Disability Retirement application through the U.S. Office of Personnel Management, is tantamount to a trivial pursuit, the endeavor itself should be reviewed afresh.  For, while the nexus between one’s medical condition and the positional duties which comprise the aggregate of one’s essential elements must be pursued in order to establish that connection to meet the eligibility requirements for a successful Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, it is never a trivial matter when one is discussing the stability and security of one’s future.

In the end, it is the “details” which make the difference, and in preparing an effective Federal Disability Retirement application on behalf of the Federal or Postal employee, the attorney who assists in the Federal Disability Retirement application must always recognize that the trivial pursuit of the wider world at large is often the core foundation of the substantive content which comprises an effective OPM Disability Retirement application, and no details should be ignored in that pursuance of excellence in a Federal Disability Retirement case.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Generational Transfer of Wisdom

If wisdom is the collective knowledge, information and experience of a culture, then the loss, refusal or rejection of such historical amassing of purposive accrual of cognitive aggregation would result in the disintegration of a cohesive identity.   Foolishness can therefore be defined as the state of reinventing the wheel at every turn, merely because of a stubborn refusal to listen and learn.  And that is precisely the current state of modernity; youth portends to pretentiousness; all of knowledge is discovered only today, and the older generation knows not the profundities of present-day philosophers who tweet daily gems of lifestyle advisories and post declarative idleness of incomprehensible vacuities.

The generational transfer of wisdom appears not to occur, as age determines relevance or signification of acceptable attributes, and pop culture and kitsch are the declared values of societal constructs.  Then, where does that leave the vulnerable and infirm?  The rejection of generational transfer of wisdom is merely an indicator; what it points toward is a greater denial of values, truths and ethos of a culture.  It begins with a coarsening of normative boundaries of conduct, and progressively crumbles the inherent foundations of a society.

For Federal employees and U.S. Postal workers who have witnessed the increasingly adversarial environment of the Federal agencies and U.S. Postal Service, the measurable and palpably observable abuse and neglect of basic rules of conduct and behavior are harbingers of greater stress and intolerance.  Federal and Postal employees are always asked to do more with less; and when a medical condition enters into the equation, the need for accommodating — even temporarily or for extended periods of absences or predetermined blocks of time — becomes a mere formality for discrimination and dismissal.  Medical conditions are a part of life — and how we deal with individuals with medical conditions constitutes the character of a person, group and society.

For Federal employees and U.S. Postal workers who suffer from the duality of adversities — the medical condition itself, and the cold disregard of the Federal agency or the U.S. Postal Service — consideration should be given to filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Does the Federal or Postal employee need the advice and guidance of a Federal Disability Retirement lawyer in pursuing Federal Disability Retirement benefits through OPM?  That is a microcosm of the greater question of rejecting the generational transfer of wisdom as reflected in society as a whole; for, as the fool in Shakespeare’s tragedies often imagines himself to be the final word on all matters of importance, so the resulting destruction in the final act in both the play and of life is often costly, if not predictable.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Fear and Trembling

The reference, of course, is to the major philosophical contribution by Soren Kierkegaard, the Danish Philosopher; and his title is a further extrapolation from the Bible.  It is an investigation of the test placed upon Abraham to make of his son, Isaac, the sacrificial lamb as a testament of his faith and obedience.

Whether one is religious or not, the value of such an investigation cannot be disregarded.  Such a test and endurance; how far Abraham was willing to go; were there indications of behavior which revealed hesitancy; did doubt ever enter into his mind; is obedience to faith ever justified when it seems to overpower fundamental moral considerations; does the author of moral uprightness have the right to violate the very laws of issuance (similar to the theological conundrum, Can God create a rock heavier than He can lift, and if not, does that not undermine the very definition of omnipotence?); what emotional turmoil was Abraham wrestling with, and what of fear and trembling?

These are mere surface questions which Kierkegaard attempts to encounter; the fact that most of society fails or ignores to consider, is a reflection of the state of our own being.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition impacts (A) one’s own health and livelihood, and (B) the capacity and ability to perform all of the essential elements of one’s Federal or Postal positional duties, the issue of fear and trembling should hit close to home.  Fear is attributable to the uncertainty of one’s future; trembling concerns the state of persecution one experiences at the hands of a Federal agency or the U.S. Postal Service.

Kierkegaard leaves no stone unturned in his rapacious search for truth; for the Federal or Postal employee, even a surface scratching of what Kierkegaard questioned, can be of relevance in moving forward.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management may not seem like entering the lofty towers of ivory perspectives as presupposed by Kierkegaard’s work; but it is in the end a pragmatic decision of fortitude which secures one’s future and allows for the stresses of our times to be set aside, deliberately, purposefully, and with regard for one’s own life and being.

Sincerely,

Robert R. McGill, Esquire