Medical Retirement under FERS & CSRS: The avoidance factor

When does avoidance become a problem?  Say you found out something about a close friend or neighbor — an embarrassing fact, a hidden truth or perhaps a juicy tidbit of revelations that could topple a friendship or marriage — and your self-guiding principle of being honest and forthright scares you into believing that, were you to encounter the person, you fear that either your demeanor will reveal that hidden secret, or you may be a person who cannot control your emotions and you believe that you may blurt out the secret and damage, ruin or perhaps even end the relationship altogether.

Or, maybe you avoid something simply because you dislike doing it, or fear the consequences of finding out the truth, or even disregard knowing that if you seek it and find it, the discovery itself would merely confirm the fears of life’s travails that you believe are better left alone.

What we don’t know, we can deal with; that which, once uncovered, revealed and brought out into the open, we suddenly realize is a certainty that cannot be avoided.  Is work becoming that way?  Are coworkers likewise avoiding you, and you them, with eyes averted, speaking about the weather, the last sports extravaganza, how the Orioles never seem to make the final push or whether money ruins the equality of teams, etc.?

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 the Federal or Postal job, the issue of the avoidance factor looms large.

Everyone begins to avoid the obvious — that you have a medical condition; that your medical condition impacts, impedes and prevents you from performing all of the essential elements of your job; that, perhaps, even your own doctor has already hinted at the truth of your medical condition — that you should likely seek a change of career; that the ceiling of sympathy has been reached, already, and your agency has begun to grumble about termination proceedings; and many other indicators, besides, that showing what everyone is avoiding is actually just a confirmation of the elements needed to prove a Federal Disability Retirement case; it’s just that everyone has been avoiding the obvious.

For, in the end, the proof of a Federal Disability Retirement case is likely already in existence in the very avoidance factor that you and everyone else has been tiptoeing around, and it is precisely the avoidance factor that makes of certainty the issue itself: Now is the time, and not tomorrow; today is the first step that needs to be taken, and not some obscure time down the road, and the avoidance factor that leaves everyone in the dark is like the hidden secret that everyone knows about but believes that he or she is the only one with the truth that, actually, everyone already knew.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation OPM Disability Retirement: The pleasurable distraction

When does a distraction itself become a distraction, such that the pleasure beheld becomes instead a burden and no longer is a pleasurable distraction?  It is like the tangents that become the mainstay of a life; suddenly, the peripheral matters become the central conditions, and those fences that once preserved the clear boundaries have fallen into disrepair, and instead there seems to be no end to the bifurcations needed in life’s inherent complexities.

Thus, was once a hobby a pleasurable distraction, now merely a nuisance that is left in the junk heap in the corner of the garage?  Or an activity of physical exercise that one exuberantly tackled, now a necessity because of failing health, and increasingly intolerable because of the time it takes, the stresses of needing to attend to other, more “meaningful” projects, and so we exchange prior declarations of glee for that of old-age grumbling.

Playing with the kids; throwing the ball with the dog; watching a movie together with that “special other”; these were once pleasurable distractions, now jumbled into the stresses of life as if they are just “things to do” on the daily lists of activities, as opposed to that which is “looked forward to” in order to escape the centrality of problematic living.

We have lost, in modernity, the capacity to enjoy; oh, yes, we make statements about how “happy” we are, and put on a brave face or a phony smile; but the reality is that “happiness” has lost its core meaning precisely because we are all expected to be so.  And thus has the pleasurable distraction been cast away on the trash heap of history’s many experiments, one more to be counted on the negative side of the proverbial ledger.

For Federal employees and U.S. Postal workers who have experienced 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, always remember that the pleasurable distraction was once the central focus of why we do what we do; and when that pleasurable distraction becomes transformed into a nuisance because the core basis upon which we engage the world – our work, our career, our means of making a living – becomes such a burden that we must abandon all such pleasurable distractions, then it is probably time to consider preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

For, when those pleasurable distractions become impeded by the unpleasant deterioration of a medical condition, the entire basis of the structure of why we continue on becomes questioned, thereby requiring a reformulation of the structures of unscientific evolutions – i.e., what it means to be “happy”.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement Benefits: Cloud of thoughts

The metaphorical connotation represents the state of many who wander about the earth; that is why the statistical reflection of accidents and injuries can never quite be diminished, and the constancy of conundrums concerning catastrophic clemency of uncharacteristic conduct can never conclusively conceal the calamity of creativity.  Sorry, but once alliteration is initiated, it is difficult to extricate one’s self from the poetry of consonants and vowels dancing in tandem.

But more to the point:  the Human Animal is unique in that it is the only one of the species that walks about in a cloud of thoughts.  Moreover, in modernity, the exponential magnification is starkly evident because of the draw by Smartphones, computers and other hand-held devices.  Once upon a time, long ago, there was the public phone booth; then, doctors and other impressive individuals carried around pagers (or otherwise known as “beepers”), and anyone who suddenly received notification through this anomaly of a wireless device was immediately recognized as someone important, for who else would need to be contacted as so indispensable as to require interruption during a meal at a restaurant, or in the middle of a gathering or event?

Then, of course, technology and the inventors of the universe decided that, democracy being what it is and value, worth and significance of each individual being equivalent to one another, we should all be deemed special – and so, instead of being forced to wear dunce-hats and be made to sit in a corner excluded from participation with others, either because of our behavior or our witless comments – fast-forward to today, and everyone is special, all are important, and none are lesser than the next person.

And so we now have everyone lost in checking text messages, updating, button-pushing, twitter-feeding, whatnots and no-nots and know-hows and know-nots; all deep, deep in clouds of thoughts.  Or, not.  Is there a difference between walking and wandering the surface of the earth, lost in a cloud of thoughts, as opposed to being glued to one’s Smartphone or other electronic device?  Is one of greater value or relevance than the other?  Is there a difference between the cognitive input or brain waves of distinction, or is it all just a fuzzy feeling of angst and suspicion?  Do MRIs reveal anything when we see the graphic images of cranial activity and color-enhanced dullness of inactivity?  Or do such images merely provide a parallel sense of correspondence, as opposed to causal efficacy?

For Federal employees and U.S. Postal workers who are considering preparing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the engagement of a cloud of thoughts can be twofold:  One, it does take some thought and preparation in order to formulate an effective Federal Disability Retirement application, and so being under a cloud of thoughts is a “good” thing; but Two, that proverbial “cloud” that overshadows the Federal or Postal employee because of the concerns surrounding the ongoing medical condition, can only be “lifted” by moving beyond the job and career which only serves to exacerbate one’s circumstances and conditions.

Preparing, formulating and filing an effective Federal Disability Retirement application through OPM involves both a cloud of thoughts, and services to lift one from the burden of those clouds.  Now, if only we could do something about those hand-held devices which provide us with those scary images of brain inactivity, we might also save the world at the same time.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Paradigms abandoned

Of course, the most significant discussion concerning the shifting of major paradigms in the intellectual sphere of human advancement, occurs in Thomas Kuhn’s work, The Structure of Scientific Revolutions.  The concept of a “paradigm” shift, of adhering to a hypothetical model despite evidentiary incommensurability with the reality of an impervious and objective world; of a theocratic insistence upon a geocentric explanation despite factual calculations pertaining to a heliocentric reality; of bloodletting in medicine based upon the foundational paradigm of the bodily balance of humors; and, in personal lives, of how things “ought to be” as opposed to what actually are.

The farther an issue is removed from a direct impact upon one’s life, the easier it is to discuss it and arrive at conclusions based upon a rational discourse of commensurability.  Life lived as art is far more convenient than when the dreariness of engaging in the proverbial “reality check” must be faced in the mirror of one’s life.  Rarely does one apply a “scientific” approach when evaluating and assessing the reflection in a mirror; that is always left to the laboratory phase of one’s bifurcated life of compartmentalized delusions.  Yet, paradigms are precisely how we live; we just may not call it that, nor the foundation of our own actions in that manner.

Do we proceed based upon the expectations of others?  That, then, is a paradigm of objectified influences upon our motivational structure.  Are decisions primarily based upon an instinctive reservoir of emotional turmoil?  Consider, then, the paradigm of that lesser construct of our soul as identified by Plato in delineating the greater whole by comparative analysis between the state of one’s inner workings and that of the state itself.  In the end, the most telling factor in determining the essence of any human being, is not necessarily by the paradigms by which one adheres, but in the very ones which have been abandoned.

For Federal employees and U.S. Postal workers who suddenly find that a medical condition will likely cut short a promising and lengthy career, the abandonment of a paradigm must by necessity become an integral part of the process.  For, the attachment to the conventional perspective cannot be underestimated; the belief that career should override all other concerns, including one’s own health; that future retirement is to be dictated by an imagined age of demarcation where competence and inertia rules by physical necessity; or, that the “mission of the agency” is the priority at all costs, including one’s own health and well-being.

Whatever the paradigm upon which the basis of motivational irrationality subsists, the facing of reality will clash when the progressive deterioration resulting from an unexpected and chronic medical condition prevents the Federal or Postal employee from continuing any longer.

Filing a 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, becomes an inevitability when the proportionality between reality and the conceptual construct of a paradigm insisted upon becomes incommensurate; but, then, Kuhn had already warned us of that eventuality, as well as the fact that a paradigm abandoned is tantamount to a revolution conceived; we just kept believing that the tectonic shift was meant for the “other guy“, and never for ourselves.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Lawyer: Life’s Series of Decisions

As activity is the fingerprint of life, and inertia denotes death (or at least a somnolence of sluggishness), so the parallelism between thought and life follows the logic of movement versus progressive decomposition.  Thinking, according to Aristotelian tradition, constitutes the essence of human-ness.  Other species may have characteristics which define and distinguish; for the human animal, it is the process of thinking, or thought-engagement, which differentiates and identifies by uniqueness of quality.  Part of that cognitive process involves decision-making.

For all species, this cannot be the essence of being, because such a principle applies to every genus, lest we conclude that determinism is ingrained in one’s DNA.  Predators must decide when and upon what the advantage of a chase will result; frogs must affirmatively choose when to snap that elongated tongue in the split second of time to satisfy its appetite; and men and women must resolve issues short of confrontations engaged in a prior state of nature, to confirm that civilization is indeed a progression of culture and sophistication, and not based upon brute force.

The underlying principles, then, which distinguishes human decision-making from other species, must be some other component; perhaps that of the formulation of a paradigmatic criteria upon which an option is considered.

In the process of thoughtful decision-making, what criteria do we apply?  For Federal employees and U.S. Postal workers who are considering filing for Federal Employee Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, the criteria-based paradigm of choice-making may be limited:  You can remain within the inertia of present circumstances; you can walk away in order to “save” your health, while also partly engaging in the first option (i.e., change into the inertia of a different set of circumstances); or, you can file for Federal OPM Disability Retirement benefits.

If the third alternative is the one opted for, then a series of additional questions and answers must be posed and resolved:  How many years of Federal Service; how long will the process take; what are the chances of success; will my doctor support me in this endeavor; and multiple other queries.  For some of these, further research and investigation will provide the answers; for others, seeking legal counsel, expert advice and general wisdom of experience will be helpful.

In the end, inertia should be disengaged, as lifelessness should never define the essence of a living being; and the thoughtless void which modern society and technological dominance tends to cower us all into, should be pushed back and resisted, like the days of yore of Masada and other uprisings which manifest the destiny of humanity, that life on any planet, Mars or Earth, is indeed a rarity even among a plenitude of apparent activity.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Law Blog: The Trifecta

The bet must be precise.   Thus, it needs to be based upon extensive research, a knowledge of each of the elements, the circumstances surrounding the process; the quality of the expected environment; whether intersecting conditions will interrupt or influence; what other unforeseen confluence of intercessions may develop.  The finishers must be predicted in sequential order.  The trifecta is therefore a management of time, knowledge, expertise and sprinkled with a bit of luck extracted from the cauldron of a witch’s brew.

Federal Disability Retirement is somewhat akin to the trifecta.  Extensive research, a knowledge of the elements to be proposed, and a delineation based upon the compilation of another trifecta — the medical evidence; the statement of disability; and the legal argumentation — must be brought together into a confluence of coordinated and comprehensive consolidation of cogency.

Preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset, however, should not be based upon a spurious bet.  And, unlike the trifecta, a semblance of certainty should enter into the equation, such that the sequence of delineated data should compel the OPM reviewer to declare unequivocally and with unconcerned eloquence, “Of course!’ — and grant an immediate approval of the Federal OPM Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire