Tag Archives: inability to perform duties constitute inefficiency for removal from federal government

FERS Medical Retirement: Abandonment of Methodology

Modernity denounces methodology.  Suspicions abound when it comes to traditional invocations of previously-tried methods.  The young denounce method; “on the fly” is considered the nouveau appetite in “basement-beginning” internet start-ups; of young geniuses who can do no wrong.  Systematized business models; the way things have always been; the need to know one’s place and to wait for one’s turn; these, and many more, are considered  the antiquated detritus of past misgivings.

While no one needs to invent the wheel each time, the trend has been to celebrate creativity and innovation, and in the process, to abandon tradition, old ways, and thus old people.  This is a culture of youth, and so the plastic surgery industry and cosmetic do-over trends have exploded into successful business ventures.  Even “rational thought” is being abandoned — of the outmoded logical structures in proper argumentation, the Aristotelian model of symbolic logic:  Out the Metaphorical Window!

Yet, in some corners of rational discourse, methodology must remain essential.  For, the “law” depends upon methodology; of a logical, linear manner of argumentation.

For Federal employees and U.S. Postal workers who suffer from a medical condition where initiation of the Federal Disability Retirement process must be engaged, do not think that merely gathering up one’s medical records and submitting them with the SF 3107 and SF 3112 series of forms will get you by the eagle-eyes of the U.S. Office of Personnel Management.

Yes, the rest of culture may have accepted the abandonment of methodology, but in the Federal bureaucracya sound legal approach steeped in methodological minutiae is still the successful articulation needed to win a Federal Disability Retirement case under the FERS retirement system.

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.

 

Postal & Federal Employee Disability Retirement: The Waiting Game

Doctors are good at it.  They have studied the psychology of impatience.  First, the 15 minute wait in the reception room.  Impatience sets in around that time.  Thus, the transfer into the private patient’s room — but still no sign of the doctor.  No matter; the transfer itself has “renewed” the patient’s patience.  20 minutes there.  Then, an “intake” person asks some questions, then disappears.  This allows for another 10 – 15 minutes.

It is the “incremental” approach — of satisfying the irritation of waiting just enough so that another duration of waiting is allowed for.  If you break up an hour’s worth of waiting into increments of 20 minutes, it doesn’t seem so bad.

Bureaucracies, however, don’t care.  For Federal employees and U.S. Postal workers who need to file for Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management, it is often the “waiting game” which is most difficult.  Then, of course, when there is a denial from OPM, it takes that much longer.

No one can guarantee a first-stage approval from OPM, but making sure that an OPM Disability Retirement application is formulated and prepared as best as possible will at least enhance the chances of an approval at any stage, and thus will subvert and undermine the waiting game.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Simulated Life

We all engage in it, to some extent; it is all in the “extent”, however, that matters.  The manufacturing of something which approaches the original; of pretending “as if”; they all constitute a simulation of sorts.  Whether of an expensive handbag that is made in another country where labor is cheap and copy-catting is the norm; or merely a smile when you actually want to cry; or of the rote response to, “Hi. How are you doing?” — where we reflexively declare, “Fine, and how about you?” — when in fact you are not doing “fine” but instead are forced to simulate the required rhythm of normalcy.

Society requires the simulated life until life itself becomes too real such that it must crawl out from the cocoon of artificial existence.  It is as if the metamorphosis from one form of existence into another must by force erupt, and that is the point when reality must by necessity force its being into existence.

For Federal employees and U.S. Postal workers who suffer from a medical condition where, each day, a simulated existence must be lived because to do otherwise might mean that you may lose your job, consideration should be given to possibly filing for Federal Disability Retirement benefits under FERS, especially when the real life being lived — the pain and anguish from a medical condition — can no longer remain contained within the cocoon of a simulated life.

Federal Disability Retirement allows for a lifetime annuity that lets you focus upon your health, and thus circumvents the simulated life and instead allows you to be the “real” you, and not some manufactured form of a fake smile, a forced joy or an artificial existence.

Sincerely,

Robert R. McGill, Esquire

 

Early OPM Retirement for Medical Incapacity: The many tomorrows yet to come

Does hope lie fallow when the basket of tomorrows become numbered too few?  When endless tomorrows lay before one’s imagination, too numerous to count that one need not bother, does that purport to show that one has a great quantity of hope, or merely that youth’s folly allows for a carefree tomorrow where an eternity of tomorrows can never be reduced to a handful beyond a few todays?  Can time and incremental portions of divided moments be quantified in that manner?

That has always been an anomaly for the undersigned writer — the quantification of time, as in the manner that religious beliefs are scoffed at when it comes to the story of genesis.  For, those who hold to the strict construction and literal meaning of the timeline of how old the earth is, count the obscure generational extensions of people who lived in former times, and somehow declare that the world is X-amount of years old.  How one can calculate with precision that which is not explicitly stated is a conundrum in and of itself, leaving aside the issue of whether time can be quantified if the order of the planetary system and our specific galactic orbit had not yet been established.

Evolutionists, of course, contend that the world was clearly created billions of years ago.  To both, the question is:  Tell me the logical difference between the following 2 statements — 1. The world was created a long time ago, and 2. The world was created billions of years ago.  Do humans have the capacity to imagine time beyond the present moment, or perhaps yesterday or a couple of days ago?  What does it mean to say to a person, “A type of human being walked the earth 10 million years ago”?  One can barely remember where one has placed the screwdriver used last week, and yet people want to put some significance upon a belief-system that purports to quantify time.

Ultimately, the question of whether one believes that the earth is a mere 10,000 years old, or billions of years in the making, is not a factual or scientific one; it is, a political condemnation that categorizes a person’s religious belief into a bifurcated system of: Is he/she “scientific” or “religious”?  In the end, time cannot be so easily quantified; rather, it is a basis of hope and an anticipation of a future yet to be resolved.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal and Postal worker from performing one or more of the essential elements of the Federal position, time often becomes paralyzed, much like our imagined world of dinosaurs and prehistoric images of those Pleistocene eras and beyond; and as time is unable to be made meaningful except in the here and now — by imagining the many tomorrows yet to come — preparing an effective Federal Disability Retirement application that lets you project a life beyond the present-day circumstances of pain, medical conditions and deteriorating health, is the singular differentiating way that humans can separate themselves from other species: with hope.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement under FERS & CSRS: Where we are

Wherever we are, we believe that is where the focal point of life resides.  Yes, it is a truism that the wider the travels, the greater recognition that one’s life is relatively insignificant, and that there are others in distant places where greater importance and relevance is objectively established.

But the subjective, human perspective cannot ultimately abandon the compass of where we are; for, it is the center of the compass itself that controls the direction of the gravitational pull, and while the North Pole may be where the forces reside (including Santa, all of his elves and helpers, and presumably Rudolph and the offspring), the perspective of where the arrow points remains constant:  It is the I, where I am and what circumstances impact me (in whatever form the personal pronoun is enunciated).

Is it an inevitable perspective – this egoism of the subjective “I” from whence the world is viewed, around which swirls the universe that rotates, churns and erupts in unanticipated transcendentalism encompassing the universal karma denoting an insignificant place in the warped historicity of mankind?  Or, is it possible to have been brought up in a community where there is no word within the language game of the collective peoples that points back towards one’s self?

Thus, the “what if” game:  What if there is no personal pronoun?  What if the perspective embraces only some other, such that each views the importance of the other and the relative irrelevance of the one who perceives the other, such that there is no one but the ego in a reflection of a mirror pointing to someone else – would that make a difference, such that there would therefore be no personal possessiveness, neither in grammar nor in envious jealousies of owning that which is everyone else’s?  Can a person exist without being erased and stamped out, in a society where collectivism is constant and self-realization is an alien concept unable to be comprehended?

But that is not so; here, in modernity, there is but the subjective “I”, the royalty of self, and the self-importance of the fanfare where each and every one of us seeks and relishes the quarter hour of fame, now transformed into reality television shows and Selfies on an extension pole, or by min-drones hovering with a camera taking aim at every movement of our selfish worth.

For the Federal employee and U.S. Postal worker who must prepare, formulate and file an effective Federal Disability Retirement application, be cautious in determining “where” one “is” – for, an effective Federal Disability Retirement application can quickly become consumed by the subjective “I” in the narrative delineated in the Applicant’s Statement of Disability (SF 3112A).

To be an effective Federal Disability Retirement application, there must by necessity contain and retain a certain sense of objectivity, tempered by the medical documentation and evidentiary compilation to be submitted.  Yes, yes – where we are is important in life, but remember always that where we are is only relevant from the vantage point of where we want to be tomorrow, and the day after that.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: From Whence We Came

It is often quipped that the advantage of human psychology is in our short memories; otherwise, we would walk around with greater angst than we deserve.  The accomplishments achieved; the accolades left unstated; perhaps in menial tasks or ones of recognized significance; but in any event, a career, all told, which spans a decade or more, will always have a sense of achievement, if only for the steadfastness of commitment itself.

In this day and age, where millennials change jobs as often as infants of diapers, the career of a Federal or Postal worker which spans multiple decades is an anomaly itself.  Whether the goal was to make that 30 years, or simply because the Federal or Postal employee liked what he or she was doing, matters not.  Commitment in and of itself is an achievement.  Thus, when a Federal employee’s or a U.S. Postal worker’s career is cut short because of a medical condition, such that the medical condition necessitates the 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 regrets foretold or the dismay of a career cut short, should always be replaced with memories from whence we came.

Staying with a Federal or Postal job for so many years reveals a steadfastness of purpose; but where priorities intersect and interrupt, especially when it comes to one’s health and future security, filing for OPM Medical Retirement benefits is meant to salvage such a Federal career by allowing for an annuity to stabilize one’s future, and to consider taking that experience one has amassed into the private sector for a possible second vocation.

Memories; they are funny animals; and for humans, allows for visualization and imagination from whence we came.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Benefits: Shame

Anthropological commentators have variously pointed out that the human being is the only one of the social animals to exhibit the characteristic of shame, and then quip with a spirit of mocking sharpness, “and the only ones who have a need to be”.  But the problem of shame is that the responsiveness exhibiting that overwhelming sense of self-immolation is often misdirected. Shame, or being ashamed, can occur resulting from the collective behavior of others, where a majority opinion can persuade through ostracizing, manifesting group hostility, or through persistent hammering.  It can even be through the misinterpretation of the normative behavior and conduct of acceptable societal customs and social rules of engagement.

For Federal employees and U.S. Postal workers, such a misdirected response is often seen when a medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s job.  For the Federal or Postal employee who feels such “shame”, there is often a dual track of thought-processing:  A.  The Federal or Postal employee is unable to do all of the positional duties assigned and expected, and as a result, one feels “shame” for that lack and growing inability, and B. the medical condition itself makes one “ashamed” because it constitutes a reduction of the whole person, and the societal stares and hushed whispers reinforce one’s self-image that, somehow, one is “less” than the aggregate shown by the collective others.  And there is often a third, where:  C.  As work has become the source and sole reservoir of one’s sense of worth and accomplishment, so the potential loss of it results in a growing sense of shame, embarrassment and self-hatred.

Indeed, the loss, or the potential loss, of one’s identity at the workplace is a profoundly devastating undermining of one’s own self image.  But that is where the misinterpretation of values originates; for, by placing so much emphasis upon the goal of a herd’s collective mission, one fails to properly prioritize an individual’s sense of self-worth.  Health, and the need to recognize one’s place within the greater context of society, must always be taken as the priority of life’s misgivings.

For the Federal or Postal worker who has misinterpreted the importance of work over health and family, preparing to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, is often a difficult trial to undertake.  But it must be so, and recognition that compassion is the antidote to the false sense of shame experienced when the fate of a medical condition begins to deteriorate one’s health, capabilities and ability to perform the essential elements of one’s Federal or Postal position, is to merely be human, and it is not even erring which acknowledges such humanity, but a condition of life which is neither the fault of the Federal or Postal employee, nor within the control of the future, but within the soft breath of the gods who smile upon the infirm with love and empathy — those true attributes of heavenly concerns.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: The Deeper Recesses of Unwanted Caricatures

Caricatures often depict an exaggerated degree of undesirable characteristics, whether for comic effect or sleaze of meanness.  The totality of the person or entity described is rarely the reality of the grotesque aggregate of the negative characteristics, but one can still see the relative truth of validation in the aspects shown.

Such caricatures, too, can be either internal or external; the latter being the depiction from the perspective of someone “other”; the former comprised of the totality of one’s self-image, how one projects from the perspective of the other, and the reflective thoughts of one’s self.  When others describe one in caricature form, you may laugh, but inwardly shy with horror and fright; and in the deeper recesses of one’s privacy, the truth and impact of such unwanted caricatures may pull one into a psychological chasm of despair.

Medical conditions, especially, can exacerbate an already-existent fear and loathing, precisely because they attack and undermine those areas of the physical, emotional and psychological vulnerabilities most open and revealing.

For the Federal employee and the U.S. Postal worker who becomes impacted by a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s positional duties, the unwanted caricatures which frighten and demean are often twofold:  Loss of productivity (resulting in reduction of income), and devaluing of self-worth, both in the eyes of coworkers as well as from the deeper recesses of one’s own perspective.

Filing for Federal Disability Retirement may not seem like the perfect solution in dealing with a medical condition, but as this is not an infallible universe, so we must accept the imperfections offered.

The generous parameters promulgated within the legal regulations of obtaining a Federal Disability Retirement, allows for the Federal and Postal worker to entertain a second vocation or career beyond the Federal Disability Retirement annuity (one may earn income in the private sector, up to 80% of what one’s former Federal or Postal salary was, in addition to the Federal Disability Retirement annuity).  More importantly, it allows for the Federal or Postal worker to first and foremost focus upon attending to the medical condition itself, while receiving a base annuity during the crisis point in determining the course of future actions.

Unfortunately, what often holds us back in securing one’s future is not the actual realities of an imperfect universe, but rather, the deeper recesses of one’s perfect world, as depicted in an unrealistic caricature within one’s own imagination, precluding progress where pantomimes may perform.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Attorney