Attorney Representation for OPM Disability Claims: Mountain climbing

Whether for the exhilaration of the activity or the sheer confrontation of the challenge looming, it is a sport that captures the imagination of the fitness-enthusiast, the romantic and the eccentric loner alike.  It is the sport that engages the competitive spirit not against another’s ability or the coordinated capacity of large teams having practiced together, but against the inert heights of peaks and impervious rock faces that show no emotion as to one’s success or failure.

Mountain climbing has many phases and stages, both of skill and type; of a walk along a trail; a hike up an incline; or for the serious contender, the challenge against the fear of height and failure.  Is the challenge against one’s own fear?  Is the thrill that of attaining that climber’s high where energy is suddenly released and the conquering senses are suddenly embraced by the thrill of nature’s impassive will?

There are mountains to climb, and some of us do it in the physical sense, while the rest of us contend with the metaphorical mountains that need to be climbed each and every day.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition itself is the mountain to climb, it will often become necessary to go on to the “next level” of the climb itself, by preparing, formulating and filing for Federal Disability Retirement benefits, to be submitted through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

For some, mountain climbing is an actual physical activity; for the rest of us, it is a metaphorical application that reflects the strenuous life challenges beyond ordinary encounters of daily living.

For Federal and Postal employees who suffer from a medical condition where the medical condition itself prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it becomes more than a metaphor — it is, instead, the obstacle that prevents, no less than the peak that abuts before the first step is taken for the mountain climbing enthusiast.

Sincerely,

Robert R. McGill
FERS Disability Lawyer

 

FERS & CSRS Disability Retirement: Of the Charmed, Charted or Chartered Life

Of the troika of possibilities presented, the first is rarely available or even an option, if by a “charmed life” is defined as one where wealth is never a restrictive element, potentiality is ever compensated by unlimited resource, and freedom to choose — whether an unproductive, leisurely lifestyle or one which mixes pleasure with some semblance of “doing something” — is but a whim of desire and utterance of a command.  Few of us have this option.

As for the second — of a charted life, where cultural conventions, societal norms and limited possibilities structurally imposed by birth, circumstance and family lineage — this characterization is fast receding into the dustbins of antiquity.  For, we no longer believe that one should be constrained by outside forces — whether of teleological originations or based upon genetic dispositions.  The “charted” life — where an omnipotent external derivation or an internal, evolutionary mandate, matters not; it is, instead, the belief that the stars guide our destiny, and the hubris of Shakespeare’s characters cannot be altered by the sheer willpower of an internal desire.

Then, of the triumvirate, we are left with the third and last — of the “chartered” life, where we recognize the finite character of our existence, borrowed from a slice of timeless history, having to live the consequences of actions preceding our use of the vehicle, and appropriately adjusting the capacity to move forward based upon the present condition of our circumstances.

Do we drive the conveyor ourself, or allow for the owner to send a captain of a ship for which we have paid?  That often depends upon whether we can be trusted with the talents we are born with, the resources we inherit, and the burdens of responsibilities which we voluntarily embrace.

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 positional duties, the question is often likened to the options presented before the last of the triplicate:  At what point do we take charge of the chartered life, and begin to steer and maneuver beyond the pitfalls of life’s misgivings which have been presented?

Filing for Federal OPM Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is part of the responsibility of the Federal or Postal worker who can no longer perform one or more of the essential elements of one’s Federal or Postal position; and when the U.S. Office of Personnel Management denies a Federal Disability Retirement application, it is up to the chartered life to have charted the course of destiny towards a life more charmed.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Separation & Retirement: Of self-expression in society

There exists a proportionate correlation if charted on a graph, between the rise of a need for greater self-expression and the alienation from the individual from a sense of belonging and community.  The human animal has an inner need for acceptance and comity within the context of societal cohesion, and this is no different from other species and their behavioral patterns, excepting the “lone wolf” characteristics where mating or predatory consummation represents the only points of contact.

The lines of the hypothetical graph would intersect somewhere at the level where the individual believes that personal identity has been lost and subsumed from a community detached and uncaring; notice, identity and self-worth are bundled together in an almost inextricable complexity within the human psyche, and that proverbial and pervasive “inner cry for help” becomes exponentially magnified when that alienation intensifies.

Focus upon a collective “self” by a society encumbered with economic woes, infringement upon base survival instincts, and a growing sense that reliance upon one another is no longer believable, leads to the downward spiral of the line which represents societal comity, where the trajectory suddenly drops precipitously in a straight, vertical manner.

Yet, the other line — the one which represents self-expression and a silenced cry for urgency of warmth and responsiveness, continues upward in a more gradual trend, with short and sudden spikes here and there, but still reflective of a desire to pull back, to harken with a perspective of the rear-view mirror, wanting and willing always to open one’s arms and embrace the roots of that tribal nature from whence we all originated.

But we are becoming more and more calloused; the time wasted, the ascending alienation as first reported by Camus and the French existentialists after the ashes of the Phoenix failed to rise from the funeral pyre of the war-torn devastation of Europe and the consequential bifurcation of nations within the greater context of a potential addendum holocaust involving nuclear weapons, and the subsequent inertia developed through wealth and artificial products which were marketed by means of media and mass distribution — from it all, discontent arose, the notion of life’s absurdity followed, and the greater need for self-expression formed.

Look at Facebook and the explosion of psychosis.  Look at the obsession with smart phones and the need to “update” one’s “profile”.  But always remember that self-expression must be contained, and appropriately conveyed.

For Federal employees and U.S. Postal workers who must, by necessity, file 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 vehicle of formulation in preparing an effective Federal Disability Retirement application, to be submitted to OPM, must have a certain restraint and self-limitation imposed.

Not every fact and fancy of opinion should be included in the Applicant’s Statement of Disability.

And, one must ask, how much of that self-expression exudes bravado and exaggeration?  And even after one has won one’s Federal Disability Retirement application, there may be a Medical Questionnaire which is issued by OPM, and if in the course of investigating further, there surfaces an indicia of some extreme form of activity such as bungee-jumping or similarly strenuous engagements which are “posted” for all viewers because of the need for “self-expression” — such a wanton cry for help may indeed come back to haunt.

Self-expression in a society replete with alienation and abandonment may, in the end, be all that we are left with; but for the Federal or Postal employee who wants to preserve and protect one’s Federal Disability Retirement annuity, it may be best to exert some semblance of self-control that is quickly diminishing and disappearing on the graph of the proverbial downward spiral.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Employee Medical Separation: The abstract concept of “the other”

Existentialism could only have arisen from the ashes of nihilism; Western Philosophy, spanning the spectrum of metaphysics, epistemology, Rationalism, Empiricism and the tradition of questioning origins, essences and the compendium of who we are and what it all means, does not lead to the natural annihilation of intellectual curiosity.  But Existentialism, does.  Why?  Because Existentialism is an emotional reaction, rather than a rational rebuttal.

From the horrors of Nazi concentration camps and the denigration of human dignity reduced to mere abstractions, the philosophy of negation of which it is characterized, is more of a “sense” approach than a logical methodology of comprehension and understanding.  Thus, while traditional philosophy was always denoted by a curiosity towards abstraction, Existentialism was pulled back by a retractive revulsion because of the alienating impact of conceptualization.

That is why the most powerful explication of the philosophy of Existentialism is found in a novel by Camus (reference, The Stranger or The Plague), and not in reading Sartre’s meandering explanation (Being and Nothingness) of a confused attempt to systematize the emotive side of man.  Thus, in reading Camus, one gets the “sense” of separation, abandonment, distance and alienation of man from the community of others; whereas, in reading the traditional philosophical works — take any page from Plato, Aristotle or the Medievals — one enters an universe of order, systematized approach, and methodological rationalization emanating from curiosity and questioning.

The two approaches, however, are not unrelated; for, it is precisely because of the traditional training of discussing concepts in abstract form (and thereby separating the thought-process from human touch and interaction) that disregarding the humanity of a living being could be achieved.  In more provincial terms, it is easier to be cruel to a concept, than to one’s own child or spouse.  And, indeed, that is how we survive in advancing our purposive actions of harassment and sheer meanness; by objectifying “the other”, we can bifurcate our minds and categorize the subject into something less.

Supervisors do it to workers and underlings; no longer is the worker a fellow human being, but “that ## % !!”.

For Federal Government employees and U.S. Postal Service workers who are contemplating filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the lessons learned and gleaned from the reactive lens of Existentialism may be twofold:  First, don’t expect sympathy from the Federal Agency or the U.S. Postal Service because you have a medical condition (that, unfortunately, is probably self-evident and a “given” already), and Second, do not expect cooperation or efficiency to suddenly prevail when engaging the Federal Agency or the U.S. Postal Service, merely because the need to obtain Federal OPM Disability Retirement should in and of itself touch a sense of empathy.

In neither case will a positive response be evoked.

Ultimately, the bureaucratic process of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under the FERS or CSRS retirement system, is a surreal experience, and one in which the sense of alienation felt by Existentialism is encountered throughout.  That is because, in the end, the Federal or Postal applicant in a Federal Disability Retirement case is none other than a mere “other”, and no more than an abstraction to be gotten rid of, like the distraction you became when once you were no longer fully productive on the assembly line of life’s refuse of illegitimacy.

Sincerely,

Robert R. McGill, Esquire