Federal Disability Retirement: The Promising Beginning

We look upon with sadness that which once was, and remorsefully retro-fit what could have been despite that which never was meant to be.

The promising beginning is the one that originated with fullness of hope and expectations; then, there is a “middle ground” — a point where paths diverge and perhaps the critical juncture where success, failure, or something in-between presents itself; and then the journey continues for some time until a point is reached where retrospective regrets may begin to develop, and we think to ourselves: Ah, what a promising beginning, but….  It is, of course, the “but” that pauses and the silence which follows that tells us all the rest of the story; of the wrong path taken, the promise left unfulfilled and the caravan of decisions left undiminished.  But from whose perspective?

Perhaps there were interruptions — of relational interests that took some focus away, or a boredom which set in to detract from the singularity of focus which was required; but such decisions may have merely moderated that “promising beginning” that was never meant to be.  And of those issues where one had no control over — such as a medical condition that reminded one that, while careers are important for a time, one’s health should always be a priority, no matter the time or circumstances.

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, and where the once “promising beginning” seemingly has stalled or stopped completely because of the medical condition, it may be time to shed one’s self of false expectations and unrealistic values, and to look to the future by preparing, formulating and filing for Federal Disability Retirement benefits.

Not all beginnings are meant to have an ending as promised, and in any event, remember that the only promise that needs keeping is the one that allows for an ending of hope, where expectations include the priority of one’s health and the necessity for change when change is required.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement from the OPM: The gods of modernity

Each era has its false gods — of Greek ones that explained the mysteries underlying the universe; of religions that conquered by the sword; of Philosophers and Kings who ruled with an iron fist; of Freud, Psychoanalysis and other ghosts in the machine; and in modernity, of youth and the cult of the young, and perhaps of the authors of self-help books who have cornered the market on wisdom replaced.

The gods of modernity are different from those of a generation ago; the “I” and the “me” that pervades on Facebook, Twitter and Instagram; of the perfect “me” who takes selfies at every opportunity to reinforce and remind of the hollowness of the gods we make of ourselves; and in the end, the loneliness that one is left with when the screen is shut down and one is left with the reality of facing one’s self in the loneliness of a perception that cannot be faced in the mirror of one’s own reflection.

And of the other gods of reality: Perfection in perception.  But what happens if perception must encounter reality?  That is often the problem with a medical condition — for, medical conditions remind us of the ugliness of the world around: of mortality, vulnerability, and the loss of societal empathy for all things imperfect.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows one to be “perfect” in the workplace, and where the essential elements of one’s job can no longer be met, it is time to consider preparing, formulating and filing an effective Federal Disability Retirement application so that the focus of one’s life can be redirected in order to regain one’s health.

The gods of modernity — of a career, of never-ending competence and productivity in one’s Federal or Postal job — must be replaced with a revaluation of what is truly important in life: Health, sanity, and some semblance of caring.  And while securing a FERS Disability Retirement annuity may not be the answer to all of life’s ills, it will at least secure a future in order to focus upon getting better, and perhaps reorienting one’s focus upon a future that may be different and better.

Sincerely,

Robert R. McGill, Esquire

 

Filing for Federal Disability Retirement: Damaged goods

Perhaps it is of a fine porcelain statue; or a painting that depicts perfection in a pastoral panorama presenting a private purview of picturesque purity (sorry for the alliteration that cannot be resisted); or a first edition book that is without blemish; or a host of other “goods” that one values, admires, cherishes — and is purchased with anticipation of contentment.

Upon returning home, one notices an imperfection not previously spotted: a small “crack” on the forearm of the porcelain figure; a tear in the upper right portion of the canvas, just below the line where the frame casts a shadow and becomes almost imperceptible; or a crayon marking on page 324, in the middle of the book, unnoticed unless one inspects each and every page.

The item cannot be returned, because of either distance (perhaps it was purchased on international travel in a small shop in a foreign country not known for return policies); policy (the sign clearly stated, “All sales are final and the purchaser bears all responsibility in inspecting the condition of the item prior to buying”) or some other impracticable reason.

The imperfection is so minor that no one else knows, would notice or otherwise cares to comment on such an impurity of the state of the condition, except for one small and irritating fact: You know.  It bothers you.  The fact of the damaged goods betrays something about yourself — not merely that a contrast against a paradigm of perfection has stirred an irrationality that struggles against good judgment, but moreover, that there exists an intolerance for a standard of less than the penultimate apex of an unreachable standard.

What does one do?  You can: Hide and stash away the item (but it yet remains with the knowledge that, hidden or not, the aura of imperfection exists); you can give it as a gift, or sell it to a third party (but what if the potential purchaser recognizes the imperfection and bargains for a better price, leaving you with a loss — will that constantly remind you of your lack of judgment when once you thought that your expertise in such matters was the paradigm of perfection itself?); justify to yourself over and over that, “Yes, it isn’t perfect, but boy is it a great piece regardless!” (perhaps, over time, this approach may work); or, do the most drastic of solutions: destroy the item and trash it.

Medical conditions have a way of impacting individuals in a similar manner as the discovery of imperfection in what one once thought was a paradigm of perfection: somehow, it is even worse, because of the personal manner that medical conditions impact: it touches upon one’s self, one’s self-image and the crumbling sense of self-confidence one possessed when health was taken for granted.

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, always try and keep in mind that the diminution of the “product” concerned (i.e., yourself, the Federal or Postal employee) is not discovered by the mere fact of filing for Federal Disability Retirement — rather, the fault is in the system of the Federal Government for not being able to be patient as you struggle to recover from you illness or injury.

Filing for Federal Disability Retirement under FERS, CSRS or CSRS Offset is not a reflection on the “value” of you; it is, instead, the reality of a system that fails to recognize the difference between the relative value of “goods” as opposed to the priceless perfection of a human being and his or her contribution to society.

Sincerely,

Robert R. McGill, Esquire

 

Filing for OPM Disability Retirement: Counting the days

Do we count the days when vacations lapse within the final hours and minutes, when in the beginning sunsets were timeless moments of restful hours yet to come?  What anticipation of worry-less days, and of looking forward to sleeping in, letting one’s guard down and the muscles relaxing from the tensions of anxiety-filled build-ups: No emails (at least for a few days, maybe…until the thought begins to intrude, then grow, then overwhelm, of the accumulation of those hundreds sitting there waiting…waiting…), no phone calls, no need for the greatest necessity in modernity — the ability and capacity to multitask.

The days began with lazy hours and hazy minds; of the sleepiness still caught between eyelids barely opened, and thoughts of the rat-race still barely behind.  It takes days just to unwind, and just when you begin to relax, it dawns on you that you are already counting the days when summer is over, the kids are back to school, and even the commercials on television are already pushing to get those supplies that are blaring with fanfare of sales and super-sales.

Do lions in the wild count the days?  Do the salmon as they fight to go upstream relinquish the solitude of mindless numbers?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition forces one to count not just the days when vacation is at hand, but every hour, every day, every week because survival to the end of the week is the mode of existence, it is time to consider preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

For, in the end, counting the days is nothing but a clear indication that the numbered days are shrinking exponentially, and lost with the sequence of each count is the unalterable truth that days counted are days lost, especially when one’s health is at stake.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: Fair Games

It depends upon how you read the concept, which word or syllable you place the accent or emphasis upon, doesn’t it?

In one sense of the concept, it has to do with games found at the county or state Fairs — you know, where cotton candy is sold and prizes are awarded for the largest potato grown or the fattest pig shown.  In another sense, it is in contrast to its opposite — of games where you have a good chance because rules are imposed and upheld, as opposed to “unfair” games where the proverbial deck is stacks against you.  It is in this second sense of the term that we apply.

Fairness itself is a difficult concept, precisely because of its malleability.  One concept of fairness is an arguable delineation based upon rules, perspectives, and even perhaps of cultural backgrounds.  Rules themselves can be attacked, and are “fair game” when it comes to disputatious boundaries, where there are essentially none to circumvent.

You can argue that such-and-such a call was unfair, and that obnoxious fan sitting next to you might counter, “But that’s within the rules of the game,” and you might then counter to the counter, “Then the game is rigged and the rules are unfair!”  What would be the counter-answer to the counter of the counter?  Perhaps, to say: “Listen, buddy, I don’t make up the rules.  It’s fair by definition if everyone who plays the game has to play by the same rules.”  Is that the silencer — the conversation-stopper — that cannot be argued against?

But what if everyone theoretically has to “play by the rules of the game”, but the rules are administered in a lopsided manner?  Is that what makes the game “unfair”?  Isn’t that what fans the world over complain about when the umpire, for example, sets the “strike zone” (or in other contexts, the “foul zone” or some such similar animal) too wide for some pitchers and too narrow for others?

Or, wasn’t there something like the “Jordan Rule” where a certain player was allowed to take an “extra step” (or two or three, for that matter) and no “traveling violation” was called, because the beauty of his fluid movements surpassed and transcended any “rules” that might disrupt the mesmerizing effect of such human defiance of gravity right before our eyes?  Could you imagine what an uproar that would have caused, where the player-in-question flies through the air with such acrobatic display of gravity-defying beauty, slam-dunks the ball to the rising wave of appreciative fans, and a whistle is blown — and the basket is disallowed?

That awkward motion that the referee engages in — you know, where both hands are balled up into a fist and made into a circular motion, indicating that a traveling violation has occurred — and then pointing to the scoring table and telling them to subtract the 2-points just previously awarded…is it “fair”?  Should fairness sometimes be overlooked when beauty-in-mid-flight entertains us to such ecstatic delights?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, life often begins to appear as if “fairness” is no longer an applicable rule — for, is it “fair” that one’s health has deteriorated despite doing everything to take care of it?  Is it “fair” that others seem to have lived a life of excess but seem not to be impacted at all by the abundance of maltreatment?  Is it “fair” that others appear to be receiving favoritism of treatment, while your Federal Agency or the Postal Service appears to be targeting you for every minor infraction of the “rules”?

Life, in general, is unfair, and when a Federal or Postal worker seems to be the target of unfair treatment because of a progressively deteriorating medical condition, it may well be time to prepare, formulate and file 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.

Life is often unfair in general; but when it comes to applying and enforcing “the Law”, it is best to consult with an experienced attorney, especially when seeking to obtain Federal Disability Retirement benefits through OPM.  And like the “Jordan Rule” concerning extra-rule-violation treatment, it is best to make sure that your attorney makes the Rules of the Game enforced — and fair.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Deviating and adapting

How does one deviate or adapt, if one is approaching something anew?

Such concepts as modifying or altering a methodology presumes that one has encountered the process before, and thus it stands to reason that a person who has never previously experienced something before can hardly be expected to provide new insights when the experience itself is new to the individual.  That is why we often refer to a person’s ability and capacity to “think on his or her feet” — meaning, to quickly encompass and adapt to new and fluid circumstances, despite a lack of familiarity with an onslaught of speedy changes.

Deviating, of course, can be a negative component, in that it may imply altering from a true-and-tested course of action, and unless one is certain of one’s confidence in a new path taken, there may ensue disastrous consequences when following a rebellious path that can lead to the unknown.  Many a trailblazer who knew not the way of the unbeaten path have perished by starvation or thirst.

On the other hand, we consider the capacity and ability of “adapting” to be a positive characteristic, in that it implies a characteristic of being able to respond to external circumstances that are changing, and requires a willingness to bend with the winds of change.

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, the dual concept of deviating and adapting comes to the fore precisely because of the need to change — both on the Agency/Postal Service’s side, as well as from the perspective of the Federal or Postal employee.

For the Federal Agency or the Postal Service, the issue of deviating and adapting comes about in terms of “accommodation” — for, it is necessary for the Federal Agency and the Postal Service, by force of law, to “deviate” from the former ways of behaving, and to “adapt” to the medical conditions and changes that the Federal or Postal employee is undergoing.

From the viewpoint of the Federal or Postal employee, deviating and adapting may encompass a wide range of issues in terms of accommodations — whether the situation and conditions posed are temporary or permanent by nature; whether the medical conditions suffered are able to be accommodated at all, either temporarily or permanently; and whether attendance is an issue; of how much SL must be taken; of FMLA issues and extensions of LWOP beyond, etc.

In the end, deviating and adapting from the “norm” may not be possible, in which case 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, may become necessary.

For all Federal and Postal employees, what is important to remember is that suffering from a progressively deteriorating medical condition will require deviating and adapting, and that may include the need to have expert legal guidance by an attorney who has previously had the experience in preparing an effective Federal Disability Retirement application so that any and all deviations and adaptations can be initiated from the perspective of previous experience, and not as a trailblazer off of the beaten path where getting lost in the complexities of Federal Disability Retirement Laws can lead to disastrous results.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Representation: The habit that prevents

Kant was known to have followed a daily habitual routine that was marked with such precision that townspeople would set their watches and clocks by his various points of presence — i.e., if he was by the butcher’s shop, it was 3:15:17; if at the corner of Kroenigsburg Street, 3:16:09; and when he turned the corner of 7th and Main, it was 3:20:12.

One wonders if, had he paused at a random street corner to sneeze, would time have stopped, the universe become paralyzed, and the gods of the underworld been defeated in paroxysms of trembling fright?  Or, had he broken the daily routine of predictable sequences of the uninterrupted sojourn, marked by the two-steps-tap-tap with the cane of his choice, over and over again — step, step, tap, tap; step, step, tap, tap — would anyone have noticed?

Certainly, the townspeople would; and perhaps his rigid philosophical outlook, his moral foundation of principles that forever retained the universality of truth — maybe rigidity may have faltered and we would all be the poorer for it.

Could his mind have expanded into other arenas of philosophical discourse had he traveled beyond and broken the habit that prevents?  Does one’s actions of daily monotony determine the “type” of mind, thoughts, conscious processes, cognitive approaches, etc., such that there are habits that limit, prevent, pause or otherwise freeze?

Habit is a peculiar trait for human beings; it offers both solace and a sense of security in the very regularity of its path, somewhat like the repetition of a musical stanza that is both anticipated and relished despite its very predictability.  It becomes a harmful dependency, however, when the habit that prevents begins to forestall, stunt and actively become an obstacle that restrains necessary growth.

For the Federal employee and U.S. Postal worker who suffers 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, it may well be that the habit that once allowed for success — of being punctual; of overextending one’s capacity in order to accomplish the impossible; of having such a dedication to “the mission” that one’s own health was always secondary — while honorable and laudatory while it lasted, may be the habit that now prevents.

Prevents what?  Of seeking greater health, of changing course in order to set a different goal; 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.

Sometimes, the habit that was once a positive trait becomes one that prevents, depending upon changing circumstances and altering contexts, and for the Federal or Postal employee needing to break the habit of always working for the “mission of the agency” or to complete all tasks for the Postal Service, preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with OPM, may be the best next habit that results in more than the monotony of a daily walk, but a step which breaks the routine of all prior steps in order to reach an important goal — one’s health.

Sincerely,

Robert R. McGill, Esquire