Tag Archives: medical claim handled by a top fers disability lawyer

Federal Employee Medical Retirement System: Smiley, Ace of Hides

Similarity of consonant alliteration can evoke and prompt collateral thoughts and memories; likewise, phrases which sound somewhat familiar, yet distinctively remain apart.

Historically, spies were the masters of subterfuge, of appearing as that which they are not.  Then, of course, there is the complexity of the “double agent”, where the appearance is twofold in concealment:  acting with apparent fealty to one source, pretending to be diabolically loyal to a second, when in fact reverting back to the first; and the potential play upon an infinite multiplication of conundrums involving questionable ties of patriotism.  Smiley was the ace of them all, as the fictional character of unperturbed and unflappable creation by John le Carre.

In real life, as in the world of imagination, it is indeed the facial characteristic of the smile which hides; and it is that much more pronounced with the addition of the electronic smiley face that is thoughtlessly pasted whenever deemed appropriate.  Because the smile covers all defects, hides much reality, and conceals deportments of denigrated despair, it remains the choice of frozen acceptance.

People with medical conditions often attempt to smile more than usual, if only to hide the reality of the pain and despair of life.  For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents them from performing one or more of the essential elements of one’s Federal or Postal job, the veil of a smile is often what the agency expects, and nothing more.

Agencies rarely show a fealty towards an employee who no longer can perform as days of yore; and help, guidance or assistance by a Human Resource Office should be viewed with suspicion and pause, leaving aside the question of whether actions are taken for the best interests of the Federal or Postal employee, or for the benefit of the agency.

Smiles hide realities; they can mask pain, and also present a picture of friendliness when in fact the knife has already been readied for the backside of an unsuspecting victim.

Federal Disability Retirement benefits, filed through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FER, CSRS or CSRS Offset, is something which should be considered by any Federal or Postal employee who is experiencing the two-faced subterfuge of an agency which purports to support, but in fact has shown signs of a hostile working environment.

Smiles are nice, and can sometimes be genuine signs of a person’s demeanor; but, more often, they hide the true deportment of intent; and while George Smiley could alter the character of the geopolitical sphere of power shifts and the passing of state secrets, it is the state of the ordinary Federal and Postal employee that is most impacted by actions of agencies which show no loyalties.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for the Federal or Postal Employee: Character Questions

Questioning one’s character occurs in multiple guises, by subtle and overt means, through self-reflection and conspiracies of consorts; one can question through self-reflection, when an intended result falls short of expectations; one can do it to others, when that which was promised was unfulfilled; or, we can do it out of sheer meanness, when rumors and unverifiable gossip can eat away at the fabric of one’s unprotected persona and self-image.

The offense of questioning one’s character is grave, indeed, and the responsiveness of reactionary rectitude is often tied to the sensitivity of one’s self-image, the reputation one holds within a given community, and the sense that one must maintain and control the opinions of others.  Indeed, in this world of Facebook and rampant, unconstrained and un-restrainable opinions thrown about throughout the ethereal universe of the Internet, the questioning of one’s character is something which must be responded to with a callous disregard.

For Federal employees and U.S. Postal workers who must contend with a hostile work environment when a medical condition begins to impact one’s ability to perform all of the essential elements of one’s job, the issue of character questioning falls to the forefront without notice, without warning, and without a capacity to quickly respond.  Suddenly,  those years and decades of dedicated service are open to questioning; what one did in the past counts for naught; what one is currently doing is discounted because it falls short of coworkers’ expectations because of the enormous contributions of the past, which now account for little; and what is anticipated for the future is set aside, as one becomes a nobody in a universe which only takes into account the present actions and current accolades.

The fact that a medical condition is the culprit of one’s diminished professional capacity means little; and as the agency rarely reveals any underlying capability for empathy, the choices become limited: filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, is often the best and most viable option. Federal Disability Retirement is a means to an end:  the means requires that the Federal or Postal employee attains a level of security such that the medical condition itself can be the primary focus; the end is for the Federal or Postal employee to remain productive for the future, and to utilize the talents and as-yet-unrealized contributions to society for the many years to come.

Character questioning is a game of sorts, and one which empty souls and superficial artifices of valueless individuals engage in; the question itself should never involve a self-reflection of doubt based upon the invalid criticism of others, but the forthright confidence of the Federal or Postal employee who still has many years of valuable contributions left, in a society which screams for character.

Sincerely,

Robert R. McGill, Esquire

 

Federal and Postal Worker Medical Retirement: The Unnavigable Epistemological Gap

The phrase itself is borrowed from Roger Scruton, who is perhaps one of the most influential philosopher of recent times.   To be “influential” is perhaps problematic, for if the general public denies knowledge of an individual, to what degree can influence be determined?   Public figures — known entertainers, authors of general fiction, news anchors and talk show hosts — are considered societal giants whose comments on culture, trends, values and norms demand attention and guru-like following.  But philosophers tend to be relegated to academic ivory towers of irrelevance.

From biodynamic farming to a proper appreciation of fine wines; from complex fiction to esoteric writings questioning cognitive dualism; Scruton covers the expanse of categories of thoughtful exchanges relevant to an era which denies significance to subjects, anymore.  The only thing that matters today is the individual and the fame of singularity.  And so it goes.  The concept of an unnavigable epistemological gap implies a barrier to knowledge and a chasm between what something is, and what can be known about it.  Or, in another sense, a privacy of concerns which cannot be verified in a strictly “objective” manner.

Medical conditions have a tendency to fall into such a category.  While MRIs, X-rays, and to a large extent, consistent clinical examinations over a long period of time may establish an objective medical basis for certain medical conditions, the problem still abounds as to how to convey, delineate and effectively narrate one’s statement of medical disability and the impact upon one’s Federal or Postal position in preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

As an OPM Disability Attorney who exclusively handles Federal Employee Disability Retirement claims for all civilian Federal and Postal workers, the concern is always in taking the medical condition as described by a doctor’s report, treatment notes, etc., then to interpret and fashion a narrative which effectively establishes the nexus, or bridge, between the medical condition and the positional duties of the Federal or Postal employee.

For the disabled Federal or injured Postal employee who tries such an endeavor without any prior experience, it is indeed one of an “unnavigable epistemological gap”, in that — not only must the proper bridge be created between one’s positional duties and the medical conditions described but, moreover — it must be presented to the U.S. Office of Personnel Management in such a way that persuasion and force will carry the day in order to attain the goal of efficacy:  an approval of an OPM Disability Retirement application for the Federal or Postal employee who can no longer perform all of the essential elements of one’s Federal or Postal positional duties.

Such an endeavor, indeed, is one which constitutes an unnavigable epistemological gap.

Sincerely,

Robert R. McGill, Esquire