Federal Disability Retirement: The Appearance of Perfection

You’ve seen those adds — 99,9% Success Rate!  Or even the 100%, Money-back guarantee.  (Well, if they are willing to give you back your money upon a failure, how is it successful?  Or, of course, the fine details of the agreement will say, for instance — minus any administrative costs that must be deducted, etc.).  There is some truth and honesty to the matter, of course, in that “appearance” of perfection is not the same as perfection itself; but it is the purpose of “appearing” to be perfect without attaining the vaunted status of perfection that is the whole point, is it not?

Somehow, even though we all know that perfection cannot ever be attained (precisely because the two concepts, “perfection” and “man” are incommensurate, as the former requires transcendent precepts unsullied by flaws and mistake-ridden potentialities and the latter is too often defined by qualities lending to errors), we become persuaded that there is a possibility of “near-perfection”, which is no perfection at all but at least is akin to, or has the appearance of, that which we know can never be attained.

Then, of course, there is the matter of how one has attained the appearance of perfection — what class of content has been excluded in order to make that appearance of perfection; how have the percentages of “success” been defined, etc.  There are any number of ways to attain the appearance of perfection, but this we know: The methodology of contorted manners in which the appearance of perfection is reached, is never defined by perfection itself.

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, consult with an OPM Disability Attorney who specializes in Federal Disability Retirement Law.  While “perfection” may never be attained, you will at least know that a realistic assessment will be provided in evaluating your case, and not some blather about one’s appearance of perfection.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The need to belong

Is there?

The brashness of youth in the misplaced arena of self-confidence when one first encounters the reality of the world after being sequestered in schools, from High School to College, but yet to be tested by the reality of the surrounding world; and so the young person says thoughtlessly: “I don’t need anyone; I will go it alone.”  And so the story goes: and like Harry Chapin’s song, “Cat’s in the Cradle”, of little boy blue’s father who never had time to belong because he was always too busy; but then, we feel most comfortable in situations of familiarity, though we may deny it.

The need to belong is not a peculiarly human need; it is shared by most other species, although there appear to be exceptions within the subset of every species, where the loner presents with contentment, and even an antagonism towards the collective community.

Is it fear that compels the desire, or an innate sense of wanting to belong (a more positive characteristic than fear)?  Can the need be quashed and dismissed, set aside and disregarded as mere convention to be ignored and diminished?

For Federal employees and U.S. Postal workers who are considering preparing, formulating and filing for Federal Disability Retirement benefits under FERS, CSRS or CSRS Offset, is it the loss of community that often makes one pause — i.e., the need to belong?

Certainly, the camaraderie and being “part of the team” — though one may scoff at the very idea — allowed for one’s identity to thrive within the community of Federal or Postal workers; and identity-tied-to-career and work is an important component in belonging to anything, for everyone.  Yet, the health condition itself is the very element that separated and excluded in the first place; the Federal Agency or the U.S. Postal Service is the “community” that begins to shun, to exclude, to make an outcast of the Federal or Postal employee, and that is almost an inevitability that must be faced.

At some point, that “community” called the Federal Agency or the U.S. Postal Service begins to lose its patience, and begins to restrict the use of Sick Leave or LWOP; or, when the FMLA runs out, a “demand” to return to work, to maintain a regular work schedule, etc., is imposed.

Unfortunately, the “need to belong” has to be a two-way street: The desire to belong on the part of the Federal or Postal worker, and the comity of interests shown by the Federal Agency or the Postal Service.  When one or the other begins to wane or vanish altogether, it is time to file for OPM Disability Retirement benefits and to look for other communities in which to satisfy the need to belong.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: Sacrifice

What does it mean to sacrifice?  Is it a concept learned, or an act embraced during a moment of trial?  If not learned, can it occur when two strangers meet, or do the circumstances, upbringing, genetic material inherited, etc., all make the difference?  And of “learning” — can it be by osmosis, classroom lectures, or purely by observing and watching others engage in the act of sacrifice?  What compels a person to sacrifice one’s own life, well-being, wealth, the shirt on one’s back, or the last dollar in one’s pocket, and does it count at all if it is done for one’s own self-aggrandizement?

Say a person sacrificed a limb in order to save another’s life, but remained anonymous except for the inquiring reporter who wrote a piece delineating the admirable qualities of that person, etc.  We would all likely read such a story with interest and read it and share it with out children, friends, family, etc., and talk about good character displayed and the fine example shown.

What if that same sacrificing person was overheard to have said, “If I had to do it over again, I wouldn’t have done it.”  Would that change the calculus of our thoughts?  Would we think less of the person for having second thoughts?  Or, would we suspend our disbelief and say, “Oh, he’s just saying that because living without a limb must be traumatic, but he doesn’t really mean that.”?

What if, in addition to the sacrificing individual making such a statement, it turns out that the sacrificial act was just an accident and was not deliberately intended — would that further downgrade our admiration for the person?  What are the qualities that must all come together in order for an act of sacrifice to be admired and shown as a paradigm of exemplary behavior?

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 intersecting issues between enduring the pain and difficulties of a medical condition, with the requirements of performing all of the essential elements of the Federal or Postal job, come to the fore when reflecting upon the conceptual paradigm of “sacrifice”.

At what point does sacrifice turn into foolhardiness?  Is it when the pain and suffering can no longer be endured and others, including the Agency or the Postal Service itself, begins initiating the process of removal or placing you on a Performance Improvement Plan?

While we may never know precisely the distinction and difference between sacrifice and self-destructive behavior — what people mistakenly obscure between “bravery” and “bravado” — what should always be kept in mind is the unmistakable fact that one’s health should be a primary concern, and that “sacrifice” should be reserved for a worthy cause.

Thus, when the intersecting ideas of “sacrifice”, “work” and “health” clash as irreconcilable differences, a divorce must occur between the three at some point, and preparing, formulating and filing an effective Federal 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 may be the best option left before throwing away the chance of an admirable act of sacrifice is lost to an unworthy cause at the price of one’s own health.

Sincerely,

Robert R. McGill, Esquire

 

 

Federal Disability Attorney: Beliefs beyond boundaries

There are beliefs that are presumed to be true, if not merely conventional.  Superstitious beliefs, so long as they do not interfere with daily activities and being productive, are acceptable; believing in the existence of aliens on other planets, for instance, or even that some have visited this planet, will not make a difference in the conduct of one’s life; on the other hand, if the same person believes that the alien is invisible and shadowing him wherever he goes, it might begin to impede ordinary and acceptable behavior.

There are “flat earth” associations, and one may cling religiously to the belief that the earth is flat and not round or oval, and argue vociferously that when you walk and see the horizon, there is no indication other than that the earth is flat; and such a belief would likely remain harmless and largely irrelevant.

Then, of course, there are beliefs beyond boundaries of acceptable and normative accountability, like embracing a belief in a date certain that the world will end, where such a belief results in preparation for the coming doom, spending all available resources in building and reinforcing a bunker constructed in one’s backyard, quitting one’s job in order to prepare for the inevitability of the end.  Or, of a belief that all women on Thursdays who wear blue are germ-carriers, because when Jason was five years old there was a woman who wore blue on a particular Thursday who stopped, patted him on the head and said, “Nice boy”, and on that very day, by that woman who wore blue, he became deathly ill and ended up in the hospital for two months teetering on death’s doorstep.

Is that an “unreasonable” belief to have?  Can one not make the argument that there is a “rational” basis for such a belief, and it is within the reasonable boundaries of acceptability?  Would you call such a person “crazy”?  And, so long as he goes to work each day, is productive, doesn’t harm anyone – and no woman on Thursday enters his cubicle wearing blue, he never runs out screaming, “Don’t let her touch me!” – no one would be the wiser for holding such a belief.

And of the Federal or Postal employee who refuses to take the necessary steps to file for Federal Disability Retirement benefits because he or she believes that taking “advantage” of such a benefit means that he or she is no longer “worthy” – is that a belief beyond boundaries of rationality?

Yet, that is often what pauses the Federal or Postal employee from preparing, formulating and filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management – the mistaken belief that is beyond the proper boundaries that there is something inherently “wrong” with the Federal or Postal employee when you file for OPM Disability Retirement benefits, when in fact all you are doing is to finally recognize that health, life and one’s well-being are more important than killing yourself over a job that has always accorded the benefit of a Federal Disability Retirement.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The inconspicuous individual

Some cannot fathom that role; anonymity in modernity is replaced with the trolling Internet personality; for, there, where one can allow for multiple personalities, schizophrenia and megalomania to rule and manifest, the instinct of the aggressive dominates.  What is it about Facebook, Forums and Fortuitous Forays into Freedom’s Foundation that vanquishes modesty in the face of hiding behind the curtain of anonymity?

There is a conceptual distinction to be made between the inconspicuous individual who desires to remain in the background and enjoy the role of observant but inactive participant, and those who act with modesty and decorum by all appearances, but beneath seethe with the acrimony of jealousy, envy and inadequacy who then utilizes the power of impersonation and trolls the Internet to ridicule, criticize, harass and intimidate.

Traditional discussion and debate required four components:  (1) An unspoken concurrence to engage in the exchange of ideas within a context of gentlemanly decorum and behavior of self-restraint (i.e., in more modern parlance, to not take things personally); (2) To listen without interruption when another is speaking; (3) To understand and apply the rules of logic when positing an idea or introducing a conceptual paradigm; and (4) To recognize a superior argument to one’s own, and submit/admit to it gracefully.

There is, moreover, a fifth element that is never addressed, because it is one that used to be accepted by everyone:  Don’t raise your voice, as it is the quality of the idea pursued and not the excessive volume of debate that matters, and recognize that not everyone is of equal intellectual capacity, such that silence is sometime preferable to a mouth opened merely to make sounds.

Do any of those traditional “rules” apply today?  Are there, in modernity, those who win medals for bravery, or championships in the sports arena, without a subsequent ride upon the lecture circuit, the television appearance and the book-deal that demands an advance of remuneration?  Is there, in short, the existence of the inconspicuous individual in this day and age?

Perhaps modesty is an outmoded concept; humility, a dead characteristic of arcane quality destroyed with the diminishing influence of religiosity; and as empowerment has been replaced by the tortured utterances of the shouting voices on the Internet, so the extinction of the inconspicuous individual is a reality in today’s cackle of overriding voices.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition impacts, prevents and interrupts the ability and capacity of the Federal or Postal employee to perform the essential elements of one’s Federal or Postal job, the ability to remain inconspicuous is something that is sought after, but unfortunately, unable to be maintained.  In the context of suffering from a medical condition, the desire to remain inconspicuous (i.e., staying “under the radar”, so to speak proverbially) is that rarity of modernity, but a necessity by compulsion; for, the alternative is to become a target of the Federal agency or the U.S. Postal Service.

Thus, the word of advice from this lawyer is that, in the process of preparing, formulating and filing a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the better time to inform one’s Supervisor, Manager or the Agency in general, is “later” rather than sooner, unless there is a compelling reason to do otherwise; lest, of course, you desire the accelerated extinction to occur for that dying breed identified as the inconspicuous individual.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Organizing the apocalypse

The apocalypse, by definition, has no future.  Whether by biblical reference, or in a generic sense where the foreseen event entails such proportions of catastrophic immensity, the concept itself is beyond the grasp of human comprehension.  It is where Being becomes non-existent, and the existential contrast of the conceptual puzzle encompassing Nothingness is somehow attempted to be understood, if only within the limited means of linguistic expression.

Poetry cannot abide the meaning; prose can barely describe its repose; and human thought is unable to grapple with the vicious circularity of its conundrum:  to comprehend it is to consider its very converse; to think upon the inversion is to extinguish all conceptual paradigms.  It is an act of self-immolation, where the devouring of one’s own flesh must by necessity occur in order to stave off the pangs of starvation, but where each bite merely ensures the death of the guarantor of life.

That is what Malraux touches upon when his characters discuss the self-contradiction of revolutionary movements; the very people who initiate such explosions can never be the ones who continue the implosions following; for, it is the breed itself which cannot remain in order to build.  By their very nature, the destructive forces must themselves disappear, lest the cannibalization of such extinguishment is the intended goal, which is never considered unless anarchy and dystopia are the ends sought.

We often think that those who are compelled by causes which history, in its visionary retrospective insights, can remain to maintain stability and administration of the revolutionary idea; but Mao proved otherwise, and the haunting bones of Cuba’s leaders where poverty, desecration of abandoned ideas and fading combat khakis declare to us that we wish Mick Jagger never came out of retirement.

There is, in every epic of historical proportions, a loss of meaning whenever the cause has been attained, and that is the natural course of life.  The question thus becomes:  Once the pinnacle is reached, what does one do?  In microcosms of life and smallness of living within the spectacle of the common man, the issue that remains and looms amidst is, How to organize the apocalypse.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents one from continuing in one’s chosen Federal or Postal career or vocation of financial stability, the fact that one must end one’s Federal or Postal career early is akin to an apocalypse, where hope is no longer a goal to endure.  That being a fact of irrefutable and irreversible content which arrives at a point of incontrovertible reality, the issue remaining which must be considered is, How do I rationally organize this apocalypse?

Preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the first step in ensuring that the metaphorical “revolution” which brings about a change uncalled for, like the wave of a historical sweep in epic battles of mankind’s folly, comes about in a rational, organized and steadfast manner, such that we are not left behind like the haunting whispers of Mao’s Cultural Revolutions or the stale cigar smoke from Castro’s toothless grin, where history laughs in the dark corridors of forgotten tombstones overrun with the swallowing of earth’s grief.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement for Federal Employees: Trivial Pursuit

The game itself apparently reached its peak of popularity in the mid-80s.  What is so fascinating about playing the game, was that the very person who attained the highest success at it was often admired as “smart”, “intelligent” or otherwise brilliant in intellectual prowess; and yet, the name of the game itself should immediately undermine that stellar coronation of earned consolation, if by just the mere fact of admitting to possessing such tropes and tripe of information in globs of voluminous detail.

Is the thought-process as follows:  Those who have such an excess and overflow of knowledge must be smarter than the rest of us precisely because, to know such ancillary details, he or she must have a greater pool and wealth of wisdom such that the overflow is reflected in the triviality of the aggregate?  Or, is it that we presume knowledge – any knowledge – can be counted by quantity, and not by quality of technical output?  Why would the capacity and talent of being able to respond to irrelevancy constitute a basis for admiration?  And where does the line begin and end – that demarcation between knowledge and wisdom, health versus destructive fetish, or curiosity as opposed to a prurient obsession?

It reminds of the scene from one of Woody Allen’s movies, where the future wife-killer invites the couple to their apartment and begins talking to the nervous character about his stamp collection – a detail which the guest neither is interested in, nor has the slightest curiosity to pursue, and instead does his best to avoid the subject and escape without being too blatantly rude in the process.  Or of the interest and hobby which leads to a career, or perhaps a successful marketing venture, as opposed to that which merely consumes one’s time and energy in wasteful degeneration of selfish delight; is there a difference, and what marks the distinction?

There is, of course, that perennial martyrdom of defining the “trees for the forest”, or the “big picture” in contrast to the details – like that scene where the Feds are pursuing Al Capone based upon a general knowledge of his high crimes and massive illegal conspiracies, but from the corner squeaks the voice of a mousy agent with wire-rimmed glasses who suggests getting him on a technicality of tax evasion; no, it is not quite as romantic a basis, but it gets the job done.  And what of technicalities in all arenas of law –  can one presume them to be trivial pursuits, or of utilizing the details in order to win a case where others have seen only the wider expanse of unseen legal maneuvers?

For the Federal employee or U.S. Postal worker who thinks that preparing, formulating and filing a Federal Disability Retirement application through the U.S. Office of Personnel Management, is tantamount to a trivial pursuit, the endeavor itself should be reviewed afresh.  For, while the nexus between one’s medical condition and the positional duties which comprise the aggregate of one’s essential elements must be pursued in order to establish that connection to meet the eligibility requirements for a successful Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, it is never a trivial matter when one is discussing the stability and security of one’s future.

In the end, it is the “details” which make the difference, and in preparing an effective Federal Disability Retirement application on behalf of the Federal or Postal employee, the attorney who assists in the Federal Disability Retirement application must always recognize that the trivial pursuit of the wider world at large is often the core foundation of the substantive content which comprises an effective OPM Disability Retirement application, and no details should be ignored in that pursuance of excellence in a Federal Disability Retirement case.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Bringing in the HazMat Team

The surreal scene makes for eerie production spots for Science Fiction movies and end-of-world stories of apocalyptic tales — of men in white suits and bubble masks with breathing apparatus combing the countryside.  But it is merely a spillage of hazardous material, and a team of men and women who specialize in cleaning the toxic chemicals was called in to manage, contain and clean.

But what of the daily spillage which occurs throughout, in offices, homes and populations unaware?  Of the psychological poison which slowly pervades, and the stresses and wreckage incurred by countless innocent victims?  Or of the toxicity from hostile work environments which slowly eat away, like those horrors one hears about in far-off countries of flesh-eating bacteria with no cure and no hope?

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 positional duties, must often contend with a toxic environment tantamount to a chemical spill on the side of the interstate highway.  And like such a scene, the long and arduous wait for the HazMat team to arrive; the blare of ambulances traveling at dangerously high speeds along the shoulder of the road; the aromatic revulsion from the spillage pervading, slowing seeping, and one wonders:  is the smell itself harmful?

On a hot summer’s day, the toxicity seems to exponentially pervade, and the lungs which once expanded with the freshness of the air, deflates and constricts.   But who is the designated HazMat team for the Federal or Postal employee who is subjected to similar treatment, but caught within the web of hostility, aggressive denunciation and progressive ploys of adverse actions?  Federal Disability Retirement is often the best option to escape from the toxicity of the work environment.

Filed through the U.S. Office of Personnel Management, the Federal employee or the U.S. Postal worker who is under FERS, CSRS or CSRS Offset must call in one’s own HazMat team; for, surely, there is no designated group who can clean up the mess of such spillage as occurs in the Federal sector or the U.S. Postal Service.  Nay, it is worse than the nightmarish scene as portrayed by men in white suits; it is the ultimate horror show from which there can be only one escape: Filing for Federal Disability Retirement through OPM.

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