Attorney for Federal Disability Retirement Claims: Of myths and unicorns

We too often consider myths and unicorns as those ancient stories based upon an error in analysis of transcendental or metaphysical concerns; that, somehow those “old folks from the past” (you know, the Celts, the Druids, the Normans and Romans and all of those other funny-sounding names once remembered for multiple-choice tests but otherwise lumped together as so many knights in shining armor with large red crosses painted across their chests) just didn’t understand the laws of the universe, Newtonian Physics or Einstein’s Theory of Relativity (even though we ourselves, or most of us, barely comprehend even the surface of such conceptual constructs), and that through misapprehension of the underlying “scientific” principles that were yet undiscovered or unrecognized, our sophistication in modernity can easily dismiss those beliefs of yore, of myths and unicorns.

But of our own myths and unicorns, of course, we can justify, though we cast away objective truth by a mere dismissive wave of the hand with certainty within the insularity of our own opinions, and declare dead the Platonic Forms or Aristotelian logic that once dominated the Western sector of the universe, and thereby cling to the very myths and unicorns we have created, though new and refreshing they may be or seem.

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, it is important to distinguish between myths (i.e., those stories of the ancients that are told around bonfires and sacramental declarations in the corridors of echoing halls), unicorns (those folklore creatures still believed to be in existence by some, like hobbits and gnomes) and The Law (that funny creature that creeps about in the dark recesses of doubtful minds, that somehow governs the day to day activities of most, and for the particular Federal or Postal employee who must consider filing for Federal Disability Retirement, some specific application to protect one’s rights).

Before you begin the process of preparing, formulating and filing for Federal Disability Retirement, know The Law by consulting with an attorney who specializes in Federal Disability Retirement Law so that you do not mistake the misapprehension of the universe of Federal and Postal actions like so many myths and unicorns that yet pervade among us.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: The misplaced comma

It is such an inconsequential mark in the universe of imprints that pervade, and yet so significant, but in a cloak of anonymity, when misplaced.  It possesses the same features as other punctuations of grammar — identical to the apostrophe, the same in mimicking as the singular quotation mark that is so prevalent; and the same shape is used in multiple diacritic writing systems common within Ancient Greek writing systems, and still survives apparently in the written systems utilized in Latvian, Romanian and Livonian.

It allows for clauses to appear, to become dependent and separated, and to confine into a separate meaning where the conceptual clause, whether dependent and leaning for support upon the main thought expressed, can convey an independence of meaning that adds and modifies the original idea.

It is the misplaced comma that makes one pause and ponder — why must we hesitate here?  Why did they put a red-light in the middle of the sidewalk?  Why does the sign say, “No passage” in the center of a store, and yet we can step beyond the red line and still proceed?

Does the misplaced comma apply in spoken language?  Take the following example: You are standing and talking to a friend, and the friend says: “Now, I want you to — no comma, here — know that tomorrow it is going — no comma, here — to rain— here, there is a comma — and therefore we have to have — no comma here — our umbrellas with us.”  Aside from rendering an irritating manner of speaking, it was all so unnecessary, wasn’t it?  We don’t have to apprise others of a misplaced comma unless it is actually misplaced, and when speaking as opposed to writing, it is not needed because the hesitation in speech itself tells us of the comma, whether misplaced or not.

In written form, however, the misplaced comma — again, aside from being a mere irritant — compels us to pause, to hesitate, to take a reflective millisecond — like coming upon a crack in the sidewalk when we were kids and thinking, “Should I skip and jump over it or just be brave and step on the crack?”

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 worker from performing one or more of the essential elements of one’s Federal or Postal job, the pervasive feeling of one’s tenuous position in the workforce is often likened to a misplaced comma.  You no longer “fit” into the mission of the agency.

Others begin to hesitate when approaching you; there is “talk about” you that you sense, and there appears to be commas all around, bifurcating, separating, creating dependencies that seem to segregate and confine, like invisible fences — nay, commas – that have been placed all around.

It is then time to begin 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 employee or Postal worker is under FERS, CSRS or CSRS Offset.  Consult with an experienced attorney and replace the misplaced comma with an emphatic period that will end the misery that continues to deteriorate.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The perfect person

By all accounts, he or she doesn’t exist, except perhaps in theoretical constructs of theological paradigms; and of academia, where one may argue some alternate version of Anselm’s argument by positing that, because the concept of perfection could not be thought of without the reality of a Being constituting perfection, ergo a perfect Being – God – must by necessity exist.

Yet, we live “as if” the perfect person exists – either imposing such a standard unknowingly, unwittingly and unwillingly upon our own selves, or by thinking that movie characters actually exist somewhere in the ephemeral world of Hollywood, Instagram and Facebook concoctions that only put forward to the public’s eye the image of perfection.

We overlook the distorted concept of perfection when we say of a movie character, “Oh, he’s not perfect; he drinks too much, cheats on his spouse and is violent.”  Yet, the make-believe character still solves the mystery, is philosophically coherent when drunk, and somehow remains an attractive character despite all such character flaws.  In other words, despite the appearance of flaws, we make gods of characters we create.

It is the same on the Internet – despite the knowledge by all that there does not exist the perfect person, nevertheless, we allow for Facebook postings and Instagram photographs of meals, dogs, kids, families, selves and neighborhoods as the perfect depiction of unblemished lives.  And of ourselves, perhaps the greatest of culprits alive – for perpetuating the mythological depiction by engaging in the flim-flam of projecting the existence of the perfect person.

Yet, what is the alternative?  No one wants to hear the perpetual whining of the constant apologist – that person who points out his own failures and shortcomings at the drop of the proverbial hat; of he who apologizes for the slightest of errors, the scent of a mistake and a hint of failure to reach perfection.  Name a movie character or a movie, excepting a comedy, where the character is merely a bundle of imperfections and unattractive to boot.  Even Inspector Clouseau in the Pink Panther series, played long ago by Peter Sellers and by others more recently, captured the culprit in the end, despite all of the blunders and pitfalls.

In the end, we all participate in the grand larceny of perpetuating the existence of the perfect person – until we are hit with a medical condition, and the façade then suddenly falls apart.  Yet, everyone else continues in the charade.

For Federal employees and U.S. Postal workers who can no longer keep up with the make-believe world of the perfect person because of a medical condition, where the medical condition prevents the appearance of the perfect person to perform all of the essential elements of the Federal or Postal job, it may be time to admit imperfection by preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted ultimately to the U.S. Office of Personnel Management, whether the imperfect Federal or Postal employee is under FERS, CSRS or CSRS Offset.

For, in the end, it is the perfect person who embraces the imperfection of this world, and that is at least a beginning for the Federal or Postal employee who must continue to face the Federal Agency or the Postal Service in facing the reality of living imperfectly in this all too perfect universe.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement Help: Caught in the world in-between

It is a purgatory of sorts; of the netherworld where twilight is a constancy of confusion, and when neither dawn nor dusk, between summer and winter, or of cognitive clarity and conundrums of confusion reach the pinnacle of an infinite maze.  Do we prefer clarity to confusion, or the light of dawn to a period “just before”, when consciousness of thought is suppressed or prevented by a darkness befalling thoughtful perspectives impeded by streams of dancing oracles upon a seamless stupor?

It is often uncertainty which tires the soul.  For, while wealth is preferable to destitution, and employment to its opposite, it is being caught “in-between” which engenders uncertainty and angst of future plans, and that is likened to a form of hell.

When a Federal employee or a U.S. Postal worker first learns of a medical condition — whether from an accident or injury on the job, or during a foray into uncharted recreational activities, it matters not for purposes of meeting the criteria for eligibility in a Federal Disability Retirement application submitted through the U.S. Office of Personnel Management — the weariness of time and the toll of uncertainty is often worse than the failure of resolution encountered through therapy, medication regimens, surgical intervention and the long delays in recuperation and rehabilitation.

It is that “waiting” which becomes the agony of life, for the questioning and incessant pondering resulting therefrom haunts the soul:  What will the future hold?  What will my job do?  What are they planning?  The “what”, the “when” and the ultimate “why” becomes a reverberating echo of repetitive songs unwavering in their monotony of questions forever unanswered.  For, it is the unanswered question and the unstated discretion of silence which makes for waiting to be just another agony of life’s challenges.

To be caught in the world “in-between”, where future plans are delayed because the present remains in a muddle of soft mush, and when past actions fail to concretize a pathway for mapping current stability, is a state of existence which is tantamount to a purgatory of eternal uncertainty.

For Federal employees and U.S. Postal workers, it is thus important to take some action and begin the process of filing for Federal OPM Disability Retirement.  Wishful thinking will not make the medical condition go away; and while hope is always a basis for future planning, one often knows early on, within the core of one’s soul, whether the injury or medical condition which prevents the Federal or Postal worker from performing the essential elements of one’s positional duties will resolve to an extent possible in order to return to full duty.

It is not knowing which is the true hell of existence; and to remain caught in the world in-between is often a choice — albeit a bad one — which is based not upon want of certainty, but enmeshed in the essence of human tragedy, when delay prevented that split-second decision that could have avoided the disaster.

Sincerely,

Robert R. McGill, Esquire

 

Early Medical Retirement for Federal Employees: The Gatekeeper

Garbage in, garbage out; leave the door wide open, and the flies come in; “we don’t live in a barn”; and other similar quips, quotes and quotidian truths abound to guide us throughout the day.  In Medieval times, the Gatekeeper held a prominent position of authority and safekeeping; trust was of paramount importance, and the potential for bribery to undermine loyalty and fealty to the inhabitants of the Court or Castle meant that treatment of the assigned individual demanded respect as well as adequate renumeration.

With the advent of privacy and the insular family unit, where community was replaced with walls of silence and solitude, the position of the gatekeeper was abandoned and relegated to the relics of antiquity.  Yet, while the public position has become extinct, the conceptual construct remains a necessity of choice.  Few consider the relevance, significance and importance the Gatekeeper, and so we allow for technology, any and all forms of television shows, images, opinions unfettered and logical (and illogical) consignments to enter and exit, leaving aside the mere tincture of bad taste to flow freely through our doors.

Who is the Gatekeeper in this age of unconfined information, where Orwell’s fears have been confirmed, and even more so; and where judgement, good taste and sheer hypocrisy of life matters not because “anything goes” and the only prohibition is to express one’s self honestly, lest the psyche and ego of one’s neighbor be offended and the thought police from the campus next door comes knocking on the proverbial wall in the middle of the night?  For, when the Gatekeeper was fired those many eons ago, we forgot that a locked door relied merely upon the person entering or exiting, and responsibility shared is no more than perils disbursed amongst the many, including those who fear not or carelessly sputter through life’s travails.

Now, for the Federal employee or the U.S. Postal worker who must consider preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, what relevance does the concept of a Medieval Gatekeeper have in this day of modernity?  Much.  And beyond, of greater relevance than you might think.  Garbage in, garbage out.

Leave the door wide open, and a denial might be guaranteed by OPM.  “We don’t live in a vacuum.”  And another:  Since the applicant in a Federal Disability Retirement claim has the burden of proof, such that a “preponderance of the evidence” standard must be met, who will be the determinant of what facts, relevant information and significant documentation is to be forwarded to the U.S. Office of Personnel Management?

In the end, the applicant, or his/her attorney of choice, is/are the Gatekeepers of an effective Federal Disability Retirement application, to be filed with OPM, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset; and like the Medieval Gatekeeper of yore, it is well to treat that position with respect, lest any undermined fealty results in the doors left wide and open for the haunting ghosts of yesteryear to enter and defile.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability under FERS, CSRS or CSRS Offset: To Lose a Kite

It is that loss of innocence; of a childhood cut and let go, a bifurcation of sorts, where the fluttering tail fades into the misty distance of time past, eternity unfulfilled, and the present moment shattered by a loss not valued by economic standards, but by the negation of that which was, will never be again, and won’t be coming back. The loss of anything is valued by the attachment of human passion, the trembling fear of future consequences known and yet to be determined, and the expectation of a hope left as a residue of hard work and toil.

Do we remember that loss of a kite, at a critical moment in time when the champion of winds clapped and cheered as we controlled the destiny of an artifice so flimsy in manufactured quality and yet defying the aerodynamic laws of the greater universe?  Neither the Law of Newtonian physics nor the quantum theories compromising Einstein’s theoretical constructs could defy the persistence of levitational determination, coupled with a coil of thread in the stubby little hands of a child, with but a tug and a pull; and then, suddenly, it was gone.

Is not the future of an adult like that fleeting moment? What a qualitative difference a day may make; when once free of pain, then to experience the excruciating agony of debilitating onset; or where rationality and promise set the course for future happiness, only to be overwhelmed by fear, anxiety, depression and panic attacks. Life is tough; but when a medical condition intervenes and tears apart the very fabric of living, that compromised life becomes almost an unbearable mesh of a twisted cathartic of impenetrable jungles of psychological, physical and emotional turmoils. For many, there is no escape, and that snap of a thin reed which left the child’s hand empty of promise, is all that remains.

For Federal employees and U.S. Postal workers who have the minimum years of service under FERS, CSRS or CSRS Offset, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is often the best — if not the only — recourse out of a madness undeterred. Federal Disability Retirement is a benefit accorded to all Federal and Postal employees as part of one’s compensation package, and allows a person to stop working, receive what amounts to a lifetime annuity, while accruing more years in building towards a final retirement converted from disability retirement to regular retirement at age 62; and all the while, to live upon that rehabilitative plateau in order to attend to one’s health and well-being.

For, when a Federal or Postal worker is no longer able to perform one or more of the essential elements of one’s job, the choices become stark and limited: To continue in pain and agony; to walk away with nothing to show for one’s efforts and toil; or to file for Federal Disability benefits.

It is like the child who once felt the pleasure of life through the flight of a kite, only to experience the tenuous reed of promise when the snap of the thread leaves the twirling object uncontrolled and uncontrollable, left to the nuances of turmoil and trauma; but to move on is to forge a different path, with the echoes of regret howling in the memories of our childhood consciousness, never to be regained but for a semblance of fated warmth.

Sincerely,

Robert R. McGill, Esquire