OPM Retirement for Mental or Physical Incapacity: Challenges

Throughout life, they are always there — some, we take up; others, we ignore; and still others, we consider and perhaps avoid, and sometimes leave with the regret that not having taken the challenge may have left an empty void within our souls, but we will never know.  Some challenges we create; others, they just come along without even asking; and still others, it just appears that circumstances coalesce beyond our control and they just appear out of nowhere, neither asked for nor necessarily desired.

Health challenges are an inevitability.  Yes, there is the rare one who lives to be a 103, never was sick in a day of his or her life, and suddenly dies while doing an activity which was enjoyed throughout one’s life; or of those women in Siberia or some other exotically barren land who made and ate their own yoghurt or remained throughout on some other healthy diet because the environment left them no other choice, and somehow avoided the ravages of illness, fast-food restaurants, greasy cheeseburgers, French fries that were marinated and cooked in engine oil, traumatic injury or other deteriorating health conditions that could not be attributed to anything but a lifetime of a particular lifestyle choice.

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 challenges are many: Continuation of a career or not?  Enduring of harassment for taking too much SL or LWOP, or surviving the PIP?  Possible termination to be faced in the near future?

And the ultimate challenge: Preparing, formulating and filing 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 — now that is a challenge for the ages, given the complex nature of the administrative process called “Federal Disability Retirement”.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation OPM Disability Retirement: The yearning for yesterday

On the spectrum of life, as one advances forward, it is the residue left behind that begins to look so much the better; and in old age, the long expanse of the clouds of memories trailing behind becomes refined with time and faded recollectionsYesterday keeps looking better and better in proportion to the difficulties faced with the present and anticipated for the future; and the yearning for yesterday is that delicious taste for that which remains resplendent with the memories of nostalgia but may never quite match the reality of that which was left behind.

Memories are funny animals; they are selective, and in our subconscious we tend to erase and extinguish the harsh realities that accompanied the sweetness of childhood joys.  Of that summer day when the winds were warm with the breath of gods and the cackle of laughter filled the air as the ocean waves lapped lazily upon the toes of innocent feet, did the disruption of tiredness or the grumpiness of fatigue remain forgotten as memories became ensconced with jaded perspectives?

The turmoil of today makes yesterday appear as the reflective light of perfection – like the dying star that emits light for us to witness, when in fact death had already occurred billions of years ago.

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 the Federal position or Postal craft (or of a position as a supervisor, manager, etc.), it is that yesterday when the medical condition was yet unknown and the innocence of a future still to be anticipated becomes yearned for.

Federal Disability Retirement is not a “total” solution, by any stretch of the imagination; yet, it does allow for the discontinuation of a feature in one’s life that has remained to create havoc and turmoil – of the mismatch between one’s medical condition and the type of job one is engaged in.  For, is not much of yearning for yesterday exactly that – a sense that there was a continuum of hope and anticipation for a future bright and exciting, and the daily toil of knowing that one can no longer be the same by remaining in the job that has become inconsistent with medical conditions endured and suffered – which is the basis of human tragedy and sadness.

The yearning for yesterday becomes unnaturally magnified the more today is a toil and tomorrow is a basis for angst and sadness; and it is when the Federal or Postal employee recognizes this, and begins to take steps for securing a future with anticipation of tomorrow’s hope, that then filing for Federal Disability Retirement benefits becomes a no-brainer.

The yearning for yesterday needs to be replaced with an anticipation for tomorrow’s hopes and dreams, and preparing, formulating and filing an effective Federal Employee 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, is the first steps toward an anticipated tomorrow that can still be brighter than today, and still better than yesterday, as if the yearning for it fades into memories once undecided.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Trail of Tears

History is replete with the metaphor of maltreatment; it is the silent graves that cannot speak, anymore, which haunts a nation’s soul.  It is a reminder, of sorts; a way of understanding and revisiting the history and essence of a nation – of the westward expansion and the decimation and systematic thievery against a civilization that was doomed from the start.  But trails soon get overrun by either settlements or city construction; and tears quickly dry up so that the agony of a peoples once felt become a mere memory told in narratives and tales by old men and forgotten women who no longer matter.

Reservations were demarcated and a defeated populace was shuttled into forgotten corners of the world, left to sputter amongst themselves in wallowing memories of defeated battles and violated treaties; and, as modernity replaced the fading residue of an inglorious past, only the diaries and annotations of eyewitnesses maintained a memory of coherent violations otherwise set aside to make room for future time.  Does each one of us, in addition, have a trail of tears?  Do we shed them in the privacy of our scorned thoughts, left to the isolation of our own destroyed lives?

The Medicine Man of yore could not stop the onslaught of that which we deem “progress” and “modernity”; and in the end, it was modern warfare that doomed any resistance to change.  The medical doctor of today, like the appeals of yesteryear to the Great Spirit, can only stem the tide of a progressive and chronic disease; the methodology may have changed, from fasting and foreboding fortunetelling to pharmacological modalities and surgical intervention, but when a diseased body or mind continues to deteriorate despite such intercession, the personal trail of tears follows a parallel course of those we once trampled upon.

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 position, it may be time to consider preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.

There are always historical travesties, as well as personal ones.  In this world where history barely catches the fancy of those who must contend with the tides of an uncaring world, it is the personal trail of tears which is most important to each individual, and not the “grand scheme” of events which we can neither control nor foresee.

History is what it is – acts committed by ancestors, certainly, but ones which most of us could neither control nor protest against.  But that which we can determine – like the destiny of a future for a Federal or Postal worker who must contend with a medical condition that continues to debilitate and constrain – should be accomplished within the confines of the laws which predominate, lest one’s personal trail of tears begins to parallel that of a past now long forgotten.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement: The speechless silence of treachery

Treachery must by definition remain speechless; and it is in the silence of back stabbing in the cloak of darkness that one’s malevolent intentions become known.  In war, the act of such duplicitous betrayal is termed as an offense justifying execution; in business, the meter of rascality on a pendulum of public opinion ranges on a spectrum of embezzlement, insider trading or a keen sense of capitalistic endurance; and in friendship, it is merely the weeping vicissitudes of emotional upheavals.  It is the faithless double-cross of dual lives; of informants tipping the scale to the advantage of one’s sworn enemy and allowing for massacre of innocents to occur.

Where does conscience fit in, and where do scoundrels scurry to when the open light of day shines the revelation of actions deceitful like the snake in the grass and the insidious cannibalism of overturning honor, dignity and a snow-white heart of an eternally blackened soul?

To turn one’s back against friendships previously thought to remain inviolable and eternally of faithful concerns; to whisper secrets into corners blocked by history, hatred and enmity of ethnic cleansing; but to engage in such treachery requires a context of fidelity and honor without vice, where a society’s norms and conventions of acceptable behavior provide the fodder for allegations of misconduct; the question is, Do we have such constraining rules of engagement, anymore, to argue for a viable charge of treachery?  Or, has language subsumed all, and opinions are elevated to the level of moral equivalency, such that the speechless silence of treachery means nothing more than the din of cackling laughter reverberated down the hollow corridors of timeless dissent?

Rare is the person in modernity who holds to obligation more than to personal desire and self-satisfaction; and if profit for one’s own constitutes the sum total of a moral foundation, why not treachery?  But then, Why in speechless silence?  Or, is there something innately refutable, instinctively discernible, in an act of malevolent double-crossing, such that even by acts of Wittgensteinian language games where contingency of meaning of verbs and adjectives still rise above the linguistic gymnastics of twisted minds?

There are dangers in lives of duplicitous bifurcations; beyond the spy who comes in from the cold, for Federal employees and U.S. Postal workers who begin the process of preparing, formulating and 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 question often queried is:  When, and to Whom, does one confide?  The natural follow-on question is:  Of What, and to which extent?

It is peculiar how the administrative process of Federal Disability Retirement brings out into the open light the verbal distinction between “friends” and “true friends”; or, “allies” and the counterpart, “real allies”.  There are few rules to follow when considering the dangers inherent in the speechless silence of treachery, and preparing, formulating and filing for OPM Disability Retirement benefits almost always reveals that traitorous acts are not limited to the fields of war, and silence left speechless should never result from surprise attacks engaged from corridors left unsuspected by innocent utterances.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Process of Decision-Making

As has been previously stated in repetitive fashion, in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to understand and acknowledge the duality of the process — for it is a process, as opposed to a singular event, both as an administrative legal issue, as well as for the individual Federal or Postal employee in a personal sense.

To clarify:  As an administrative issue, it is a process which involves multiples stages of argumentation (potentially).  Yes, it would be nice if every case was decided with an approval at the First/Initial Stage of the administrative process; however, there is a purpose and a reason why there are multiple stages.  It is precisely because it was anticipated that there would be denials and appeals to such denials, that an administrative procedure for multiple stages of review and further submissions of evidence and arguments was constructed and implemented.  It is not an entitlement pursuant to a fixed date, a fixed age, or a triggering event.  Rather, it is an administrative process which must be proven, applied for, and affirmatively shown that one is eligible.

From the personal perspective of the Federal or Postal employee, the decision of “when” to apply for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, is also a process, as opposed to a singular event.  There are, of course, cases where a traumatic injury or life-changing accident occurred, and such an event is the triggering moment for filing.  But for most Federal or Postal employees, the medical condition suffered is a progressively deteriorating process, and it is often difficult to determine a “date certain” where one can point to on a calendar and state, this is the day and hour when I cannot perform one or more of the essential elements of my job.

This is why there is an inherent complexity to a process, as opposed to a singular event of certitude — for, it is always the unknown and the uncertain which gives rise to the anxieties of life, and a process is indeed a period of the unknown, and a chasm of uncertainty.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement from Federal Employment: Suspicion of Preemption

Preemptive strikes are often justified by anticipatory rationalizations; the “other” one was “going to” do it, so it is right that one should do it beforehand (whether we are certain of the other’s actions or not, and of course, that is the beauty of such argumentation; by raising the specter of suspicion, we skip over the question itself and deride those who would dare to question the right of self-defense).

In international affairs and economic entanglements on a macro-based scale, nations can impose sanctions and initiate first strikes based upon barricades denoting “sourced” information and secrets obtained.

In linguistic preemptions, within the microcosmic universe of office settings, neighborhoods, friendships teetering on total destruction – these are the true arenas of daily strikes of preemptive devices, where suspicion should prevail and concerns conveyed.  For, in the end, why is it that people plant the seeds of doubt and utter the words of undermining efficacy?  Is gossip ever justified, rumors of helpful venue, or callous remarks disseminated of healthy connotations?

The linguistic art of preemption, of course, is engaged by the subtle hints of rumors unverified, and planted precisely in order to destroy before the others get to you first.  It is the art of the “beforehand” in an underhanded way, perpetrated by the dark hands of an assassin’s heart.

The problem with those who engage in such acts, is that they make of us paranoid despots all, because the unnerving  discord effectuated throughout engenders an atmosphere of distrust and suspicion from and by all, whereby people can never pinpoint the source of a rumor, the origin of a tasty piece of tidbit, and the destructive impact of consequences denied.  “Why can’t people just be straightforward?” is the refrain used by innocent fawns just before the predator devours; and the answer should be clear:  Acts of preemption avoid the consequential revelation of an actual justification; it is not “self-defense”, but an act of aggression with a retrospective view towards explaining that which may never have occurred in the first place.

For Federal employees and U.S. Postal workers who daily are pounded by preemptive strikes through subtleties, rumors and whispers of meanness, the time to “come clean” is probably long past due.  If the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal employee’s positional duties, the Agency, Supervisors and Managers have likely already taken note.  Preemption has already begun.

It is, in more ordinary and crude parlances, a matter of covering one’s own posterior, and thus the beginning trails of quiet harassment, hostility and increasing administrative pressures.

In such circumstances, the Federal or Postal employee is fully justified in engaging in the preemptive strike which has already been initiated by the “dark forces” of the workplace:  preparing, formulating and filing 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, is that preemptive act which has already been justified by the medical condition itself; it just needs to be prodded into the next logical step, in order to avoid any suspicion of preemption, and instead, be brought to the fore.

Sincerely,

Robert R. McGill, Esquire