FERS Employee Disability Retirement Benefits: Meaning

It is the centrality of being, the core of life and the essence of who we are, what we do and why we endure the hardships of daily living.  Without it, the soul drags, the body wanes, the mind begins to wander.  With it, there is the deliberative step, the bounce in one’s actions, the energy within and the purposeful glint in one’s eyes.

Meaning” is what drives; its lack, like a balloon which has been punctured and is allowed to sputter aimlessly through the air.  Whether philosophy can solve the conundrum that is questioned; or that faith can endure a lifetime of disappointments; and of what it is “made up of” — whether in answering the most profound of questions, or merely enjoying the company of friends and family — we may never know.

Is there a “formula” to having it?  Can there be meaning in one’s life without close family or friends?  Is there a singular definition of what “meaning” means, or is it different for each individual?  Is it something to “find” or discover, or is it something that we are either born with, or not?

Work is certainly a part of it; for, as so much time is spent in working, one must be able to derive some meaning from a vocation —otherwise, we would end up admitting that a greater portion of our lives is spent in meaningless endeavors.

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 job, it often means [sic] that there is a loss of “meaning” in the job that one has because of the struggles one must endure in balancing family, personal obligations and work requirements.

Federal Disability Retirement may not be the answer to the loss of meaning; it does, however, allow for the Federal or Postal worker to secure a base annuity in order to make plans for the future.  And planning for the future is, at a minimum, a good start in finding that pathway for greater meaning in one’s life.

Sincerely,

Robert R. McGill, Esquire

 

Early FERS Medical Retirement: Inside Life & Outside Appearance

Each of us lives an insular life.  It is that “private” side of us which remains so at our option.

How much of it is allowed into the public arena, and to whom we may share with, those are dependent upon multiple factors — of desiring to; of releasing information about ourselves that may allow for one to become “vulnerable”; of secretive lies; of shameful pasts; of thoughts that may be considered imprudent or childish; of foolish past exploits that may embarrass; of actions committed that were long forgotten by everyone but the self; and many more besides.

Then, of course, there is the “Outside appearance” — the person who is a compendium and pieced-together puzzle.  That “person” is comprised of many facets: By those who “know” you at the office, but perhaps in a restricted, limited way; by neighbors and acquaintances; by closer family members; by people who may have only come in contact by telephone or the internet, etc.

How much of the Inside life and the Outside appearance overlap may be best illustrated by a Venn diagram — or by a multitude of concentric circles, depending upon who is asked about a particular person.  Some scrupulously guard the inside life; others, like an open book left unguarded and unmarked, allow for the two parallel streams to mix and mingle without thoughts of restricting access.

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 position, the concept of the “Inside life” and the “Outside appearance” is important to consider when entertaining the idea of filing for Federal Disability Retirement benefits.

For, while the Federal or Postal employee may be suffering from a medical condition, how much of that “Inside life” has impacted the “Outside appearance” — i.e., the medical condition’s impact upon one’s performance, conduct or attendance — will be questioned by the U.S. Office of Personnel Management in determining the merits of the case.

It is, in a FERS Disability Retirement case, the “Outside appearance” that will be determinative, so that no matter the extent of pain or anguish experienced by the “Inside Life”, it is the “Outside appearance” which will be the facet of evaluative validity.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement: Judgment and Discretion

In many ways, the two are inseparable; for, to make good judgments is to necessarily have the proper discretionary approach, and to possess the quality of discretion is the foundation for making good judgments.  It is discretion which allows for good judgment; good judgment that is dependent upon discretion.  To lack discretion, however, does not mean that one will necessarily make a bad judgment; but then, as the old saying goes, even a broken clock is “right” twice in a 24 hour period.

The judgement to prepare and formulate an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management under FERS, should be based upon sound discretion in determining the available resources: Is there supportive medical documentation? Is the Federal Agency or the U.S. Postal Service initiating proceedings to make staying in one’s job untenable? Has one’s medical condition come to a point where the Federal or Postal employee can no longer continue in one’s position?

These and many more questions are often at the heart of considerations in filing for Federal Disability Retirement benefits, and consulting with a FERS Attorney who specializes in Federal Disability Retirement Law is often the first test in determining whether one possesses the judgment and discretion to proceed on a path which will lead to a successful outcome.

For, in the end, judgment and discretion is just as much about understanding one’s limitations in knowing about something, as it is about knowing enough about something to have the judgment and discretion to seek good counsel and advice.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Loneliness in a Crowd

Do we all share that experience?  Or, do some never sense the isolation felt, the separation determined, the detachment embraced; but instead, always the smiling center where the crowd is but an extension of one’s body and soul?

A crowd, of course, can be an organic mass of an aggregate whole that, because it is a herd of humanity, can never embrace the individual; and as the individual stands within the continuum of others similarly situated, so the uniqueness of each is lost within the greater whole.

Human emotions, however, are possessed by the independent “I” of each person, and the insularity of those emotions within the inner soul of each body conceals itself except when expressed through words, deeds and facial or other characteristics that betray the anonymity of the crowd.  A teardrop here, a smile over there; a forlorn look of regret by a furrowed eyebrow or the curling frown around lips that purse; and words, of course, that are expressed.

Does tone matter?  Can a person express an emotion in an emotionless manner, and still be sincere in the very expression of that emotion?  Similarly, can a person stand within the mass of a crowd and yet declare loneliness, and be believed?  And of how we treat one another as human beings — or as mere objects that respond without regard to the validity of the subjective “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 job, the sense of loneliness in a crowd is palpable precisely because, although still with the Federal Agency or the Postal unit, one is treated as an outsider, a person separate and apart and no longer “one of us”; and when that sense of loneliness in a crowd triggers hostility and adversity, it becomes apparent and self-evident that separation must follow — by preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Otherwise, the loneliness in a crowd may ultimately lead to detachment from the crowd, involuntarily, by a termination of one’s Federal Service, on their terms and not on your own.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: The Bully and the Beast

Yes, yes, the title is all wrong; but that “other one” is for fairytales and childhood memories, and not for the ugly reality that is faced by grownups with the cynical perspective that, by age 30, has come to overwhelm and dominate.

“C’mon”, the refrain comes back, “let’s at least enjoy the childhood fantasies that still delight and enrapture the imagination, and quit being a spoil-sport!”  Yet, just as the idealistic twenty-something becomes a crotchety-old fifty-something, so the reality of the Beauty and the Beast — of the traditional story told in so many variations involving the beast that is of beauty beneath; of the nature of appearances as opposed to the substantive reality; of pithy sayings by parents who want to spare the feelings of their unattractive children that beauty is “only skin deep”; of higher academia where such childish notions then get transformed into “Platonic Forms” or the Aristotelian “substratum” — is the cold world that we all come to know.

Somewhere in one’s mid-thirties, the conclusion is reached that, No, the world is not reflected in the fairytale as recalled, but rather, the universe is occupied by the Bully and the Beast, and we are too often caught and trapped in the middle between the two.

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 “Bully” is too often represented by the Federal Agency or the Postal Service and its manner of treating a sick employee; and the “Beast” is the alternative — of the constant harassment; the reprimands; the adverse actions threatened or proposed; and perhaps even represented as the U.S. Office of Personnel Management and the entire administrative nightmare known as “Federal Disability Retirement”.

For, once upon a time we were all children and dreamed about fairytales and fantasies; but somewhere along the way as we “grew up”, we came to realize that the world was not occupied by gnomes, goblins and cute hobbits scurrying about in the wild forests of our own imaginations, but by the ugly reality that the world is populated by people who are not very nice, and that sickness does sometimes hit the nicest of us, and oftentimes filing for Federal Disability Retirement is the best choice to make between the Bully and the Beast because the Beauty and the Beast had faded long ago into the warmth of childhood memories forever faded.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement from OPM: Holding a grudge

Doesn’t holding a grudge imply a certain level of intelligence?  Do other species have the capacity for holding a grudge?  Certainly, some breeds of dogs do — of getting into a growling match, or one of those “baring the teeth and gnarling sounds”, but with very little harm done; but if it is not “finished”, will come back and engage in some more noisy combat until one or the other is satisfied that neither a grudge nor a kiss will any longer be necessary.

“Having a grudge” can last a moment or a lifetime; “Holding a grudge” is comprised of the tenure of the grudge being held, and not as to its intensity of feeling.  Some grudges may be sweet and delicious; others, a gnawing sense that does greater harm to the holder than to the one for whom it is held.  There is, in the end, a difference between a grudge and a sense of resentment, although the former may include the latter, but the latter does not necessarily entail the former.  Siblings and best friends are famous for holding grudges; it reveals the level of hurt and care that becomes deep-seated when once betrayal cuts and bruises.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it is often an easy path to find oneself on where one was once the Federal Agency’s “star employee”; then, a medical condition sets in, and suddenly the congratulatory accolades become silent, and unilateral actions are taken by the agency which begins to foment resentment…and a growing “grudge match” begins.

Administrative sanctions are imposed; a PIP is initiated; perhaps, even removal from Federal Service.  Yet, all along, you are thinking: “I have a medical condition; why are they treating me this way?”  Grudges, indeed, often are held because of mistreatment or maltreatment; and it is often worse when there is no face or name to be placed with the grudge, but merely a large Federal Agency or the Postal Service that cares not a twit about your medical condition.

The best thing to do in such circumstances is to prepare, formulate and file an effective Federal Disability Retirement application with the U.S. Office of Personnel Management and “move on” beyond the sense of resentment and grudge-holding that can destroy a life further than the medical condition itself.  Yes, holding a grudge does imply a certain level of intelligence, but to hold one for too long shows a significant level of stupidity, as well.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Technically correct

What does a person mean when it is said, “Yes, that is technically correct”?  Does it matter where the inflection resides, or which part of the statement is emphasized?  If greater syllabic magnification is placed on the word itself, whilst the remainder of the sentence is left in a monotone of boredom, is something else being conveyed beyond the mere words declared?

What if the hesitation on the first word is elongated, as in, “Ye-e-e-s, you are technically correct.”?  Or, how about this one:  “Y-e-e-e-s…you ARE technically correct.”?  Further, why do we always expect a conjunction to follow, as in, “Yes, you are technically correct, but…”?  Does such a sentence imply that a person can also be un-technically correct?  If so, what would that mean and what factors would be included in coming to such a conclusion?

What practical or real-life consequences are inherent in the truth of such a statement, such that it might alter or modify our approach to a given subject?  If an engineer is building a skyscraper and turns to the architect and says,” Yes, you may be technically correct, but the entire building could nonetheless collapse” — how is it possible that the architect could be “technically correct” yet mistake the un-technical side of things such that it could result in a life-threatening disaster?

Or, in law, if a lawyer is “technically correct” but might nevertheless lose a case before a jury, does that mean that the “technical” argument in the law may not carry the day because the jury might take into consideration factors other than the law itself in rendering its collective decision?  Yet, isn’t “the law” nothing more than an aggregate of technicalities to begin with, and therefore, does it even make sense to speak of being “technically correct” within the purview of the legal arena?

For Federal employees and U.S. Postal workers who are contemplating preparing, formulating and filing an effective Federal Disability Retirement application, to be technically filed with the U.S. Office of Personnel Management, whether technically under FERS, CSRS or CSRS Offset, it may be technically correct that certain legal criteria must be technically met; however, when putting together a Federal Disability Retirement application, just remember that the technically sufficient Federal Disability Retirement application should always, technically speaking, contain an aggregation of medical documentation, legal argumentation and personal narrative combined to make an effective presentation, better guided by a legal technician otherwise known as a counselor, attorney or lawyer in this technically empowered universe — technically speaking, of course.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Claims: Cat’s Cradle

It is the complex game of strings wrapped around the small fingers and thumbs of each hand (or a modification of that contorted vestibule of human appendages), and where each player turns the cradle of the strings into greater complexity with each move by the other.

When children play it, the ease with which each turn of transforming the cradle of strings is a fascinating experience to witness.  When grown-ups do it — or, more accurately described, mess it up royally and invert the design into a an ugly bundle of irreversible entanglements that can no longer be played — the “overthinking” begins, the hesitation blockades and the uncertainty overwhelms.

It is always the grownups who mess up the beauty of the world’s designs, while children play it effortlessly, without conscious thought and with an innocence of proceeding that reveals much about what happens to an individual when you “grow up”.

Of course, we all have to grow up.  It is a sad inevitability.  That is why when the stunted individual who never quite got over his or her high school years, and still to this day talks about that grand finale of his senior year where the glory days of football, parties and friendships that were promised to last forever — that these frozen images yet remain so many years later as the pinnacle of one’s life and achievements — we shake our heads sadly and wonder at the fragile nature of man’s folly.

Cat’s cradle is the metaphor for much of life itself — of how simple childhood is, and yet so complex like the strings that bind the hands that create.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of the Federal job, the time to “think” about the next move — like the overthinking grownup who is asked to take the next step in the game of Cat’s Cradle — may seem complex because of its very simplicity.

There is the future to think about, and all that comes with it.  One’s career, health and future security are all entangled within the strings that wrap around and throughout one’s life, but the question that remains is similar to the conundrum of a Cat’s Cradle — is it you who will make sure that the next design of strings will turn out “right”, or will you leave it up to the Federal Agency or the Postal Service to determine your future course of actions?

Filing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is a complex administrative process —much like the tangle of strings in a Cat’s Cradle —but it is the simplicity of deciding that will make all the difference as to whether the next move will be a successful one.

Sincerely,

Robert R. McGill, Esquire