OPM Disability Retirement under FERS: Shame

Shame was once thought to be a valuable societal tool.  While not replacing laws, it often preempted the need for legislative enactments passed to curtail certain unwanted behaviors.  A society without shame is one which prompts and necessitates a state of unlimited laws attempting to regulate the population.

For, a society with traditions, including a general consensus regarding long-standing and known actions which have been deemed “shameful”, requires fewer laws, because self-regulation is performed through a community of unspoken and subtle repressions by mere looks, grimaces, and wordless expressions of contempt and condemnation.

Here in America, sometime in the late Sixties and throughout the Seventies, a quiet movement developed, which was anathema to shame.  We decided that the primary goal in raising children was to make sure that each child developed something obscurely indefinable and named it, “Self-Esteem”.  Shame, of course, was considered an emotion which did not help to indoctrinate or inculcate this thing called “self-esteem”, and so a concurrent movement developed: The campaign to stamp out anything and everything which might trigger a child’s having a sense of shame.

As a result, here we are today — everyone is a winner; nobody has more talent than anyone else; we are all the best that we can be; and whether you stink at something, you should still receive some sort of an award.

Yet, despite all of the educational nonsense and malpractice (Note: during the same period, some Harvard educators decided that learning to read by phonetics needed to be replaced by something called a “whole word” approach, until it became apparent that illiteracy became rampant and reading comprehension turned into a joke; but the trend is now being reversed and “phonetics” — a learning approach which worked for hundreds of years — has finally come back!  Another disastrous trend initiated in the Sixties and Seventies) perpetrated upon our kids, somehow, shame still continues to rear its ugly head in various sectors of our society.

At least, that is true of the “older” generation — like Federal and Postal employees under FERS, who try and hide their medical conditions because they feel a sense of shame that they cannot perform at the same level they are used to.

No need to feel such shame.  Go with the flow of the Sixties and Seventies, and contact a FERS Retirement Attorney who specializes in Federal Disability Retirement Law, and quit being silly — shame is something of the past, never to rear its ugly head, except maybe in unenlightened countries like Japan — a country where accomplishment is still recognized, and no, not everyone gets a prize just for showing up.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

FERS Disability Retirement from OPM: Knowing the Law

If ignorance of the law were a valid excuse, we could all get away with murder.  Not knowing what the law is; claiming to have been without knowledge of the law at the time of the occurrence; failing to address the law when involving one’s self in an administrative procedure — these are never valid excuses in being held to account for such lack of knowledge.

There are, of course, certain “natural laws” which cannot be avoided, such as taking another’s property without consent or harming someone, such that the only time “knowledge of the law” can be used as a defense is if the perpetrator claims lack of mental capacity — i.e., the classic insanity defense.

In all other areas, “knowing the law” is an important first step before initiating any process, and that is why Federal Disability Retirement Law is important to “know” before beginning the process of applying for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, under FERS.

It is, first and foremost, astounding that anyone would begin filling out the Standard Forms for applying for Federal Disability Retirement benefits before first understanding the laws governing Federal Disability Retirement benefits.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law and begin the process of preparing, formulating and filing for Federal Disability Retirement benefits — by first “knowing the law”.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

OPM Disability Retirement: The dullness of creative lack

Have you ever observed the child who takes a stick and imagines himself/herself (we are trying to maintain the decorum of political correctness, here, by including all genders, because the implication otherwise in using a reflexive pronoun identifying a specific population apparently denotes that excluding the other half-or-so of the world’s inhabitants is discriminatory and an engagement of possible malfeasance, which we would not want to be charged with) emboldened by a weapon in hand and being the hero of an imaginary battle, invincible to a fault, brave without being arrogant, and making garbled sounds of whizzing bullets and fantastical feats of being wounded but with tenacity of self-will, capturing the enemy fort, being generous to those unfortunate prisoners of war and conquering singlehandedly a page in the history of unbounded heroism?

Contrast that depicted slice of imagination, to the child who is given every expensive toy and accouterments available on Amazon – the superhero wardrobe with cape; a replica of a life-like weapon; plastic hand grenades; and whatever other appendages that replace the creativity of one’s imagination – even of sound-effects emitted, downloaded on one’s cellphone placed in the utility belt worn by the kid; suddenly, it is mere motions that the child goes through, while all of the trappings have been satisfied even before the fun began.

That is what we do, isn’t it, as parents who believe that we were deprived in our own childhoods?  We gave everything, not knowing that by doing so, we took away the most important piece of the proverbial puzzle.  It is the puzzle of the dullness of creative lack; the less we had, the more we had to compensate and greater the reward in cognitive activity; and the more we gave, the less the child had to provide his or her creative input, thereby diminishing the soul’s inner force of imagination, resulting in the negative consequence in the dullness of creative lack.

That which we are given that undermines creative energy, we submit with the lazy side of human nature; and as inactivity and inertia results in atrophy, so gifts unsolicited in overabundance of generosity can actually harm in the ignorance of thoughtless plenitude.  And so we often find ourselves in the rut of daily monotony, on that treadmill of constancy even when we know we are destroying ourselves.  Children, in their innocence, don’t realize the harm; adults, too, but not in innocence but cynicism of life’s callouses, forge ahead even if they do recognize the harm.

Isn’t that what the Federal employee or U.S. Postal worker who persists in the self-immolation of continuing a Federal or Postal career, is actually doing?  For the Federal employee or U.S. Postal worker who suffers 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 position, it is often the reality of the harm perpetrated by continuing in the Federal or Postal position that prompts, compels, and finally necessitates the preparation, formulation and filing of a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Going down the road of Federal Disability Retirement is often considered a major decision and a giant leap in one’s life, but it certainly does not portend of a dullness of creative lack to consider its resulting benefits.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement Benefits: Threads

They are fragile and subject to being snapped; yet, we rely upon them to hold together the fabric of so many things, both in practical terms and in more nuanced settings of conceptual constructs cloaked in figurative speech.

As in Waugh’s Brideshead Revisited, that invisible thread that gently tugs despite isolation, renunciation and attribution of apostasy in the chaos of cultural confusion; or of the woven cloth where thousands in aggregate intersecting patterns creates the strength of multitudes where the single entity would snap upon the breath of a dragon’s snore.  Or, in a conceptual, literary sense, of thoughts and ideas weaving throughout, intersecting and inextricably interconnected with other major themes, of supportive quality and subchapters in reinforcing the main paradigm of a narrative in work.

Threads combine to strengthen; in their singularity, they are the arteries that course through one’s body and give life to an otherwise inert functionality of inoperable means, and allows for its almost invisible presence to dominate beyond its capacity to remain quantitatively anonymous despite its qualitative force of influence.  On a spool, amassed in its collective consolidation, its unique distinctiveness can be identified by color and hue; yet, pull a line of it, perhaps in inches, feet or even a yard, and only by squinting in the full refracted light of day can you discern the difference between that and another.

Thus as we enter into the millennium of future woes do we rely more and more upon the threads that hold up the fragile and ever tenuous spirits of malevolence, like the mistaken times in our own closet when Pandora’s box was unceremoniously allowed to release those skeletons we so deftly hid in the cellars of our private lives.

The threads we have woven, that are the inseparable fabric of our inner lives and outer layers of concealing veils; and yet we take them for granted, no matter the consequences of wrapping dreams and hopes within the fragile confines of the softness wrapped in the baby carriage left teetering on the cliff’s edge.

For Federal employees and U.S. Postal workers considering filing for Federal Disability Retirement benefits under FERS, CSRS or CSRS Offset, the applicability and relevance of threads is twofold:  First, remember to always weave in a reinforcing manner, the repetitive value of the themes documented involving one’s medical conditions throughout the applicant’s Statement of Disability as reflected on SF 3112A, to reiterate those specific elements of incompatibility between the medical condition and the positional duties; and second, recognize that the figurative threads of life are those that need listening to, as symptoms of health conditions once ignored, now weaving through the very fabric of one’s daily life.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Civil Service: Erasing imprints

We spend half of our lives trying to accomplish that which may never be done; go to others to obtain guidance; take medications in order to stamp out the cacophony of voices from a past regenerated in mindful moments when reflection is not what we want but quietude away from the cackle of memories.

Imprints are those stamps that remain with us, like burn-marks seared indelibly into the far corners of body parts unreachable and unseen but by the telescopic lenses of our own souls.  Perhaps the memories have faded, or we simply cannot pinpoint that precise moment when the stamp was made, the mark of the devil was inked or the scorching stab wound rutted; but it remains upon the child, grows with the malignancy of the young one, and becomes magnified into adulthood like the burdensome satchel filled with rocks, each day adding another, never able to open it to lighten the load, except here and there when one accidentally falls through an unnoticed tear before it is quickly sewn up again to reinforce the nightmares of our lives.

Try as we might, through pharmacological modalities of treatment regimens or embroiled by years of therapeutic encounters, the monsters within from our childhood past of flashes when the mother turned her back upon a child in crisis, or of anger devolved when fury left the frustrated child in a chasm of loneliness unattended; it is the trembling of innocence that remains forever, and a day.

Erasing imprints is what we try to do the rest of our lives, when all that can really be done is to contain, bifurcate, box in and restrain.  Of course, there are “good” imprints, as well – those marks which developed the personality and characteristic traits considered “positive” to our lives; the trick is to recognize the difference between the negative and the positive, and that is not always easy to do.  Further, what if we erase the “good” imprints in the process of stamping out the “bad”?

Being human carries with it the compendium of complexities all wrapped into a conundrum of puzzling packages of personality quirks, and sometimes it is those imprints we attempt to erase which characterizes the very uniqueness of our being.  Then, as we grow older, the callouses form and the attempts to replace imprints become less effective; for, presumably we have learned to resist the influence of others, or at least found ways to limit them.

For Federal employees and U.S. Postal workers who are considering 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, remember that the road to obtaining a Federal Disability Retirement benefits is a long and arduous one, and it is likely that you will have to encounter many obstacles, many “mean” people who themselves have likely been harmed by a lifetime of imprints.

Focus upon erasing imprints that harm, and disregard the imprints exhibited by others; for, it is a lifetime endeavor identifying the negative ones in yourself, without worrying about needing to erase imprints manifested by others.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: The precarious self

Self-preservation is said to be high on the list of instinctive survival mechanisms – that which society cannot “un-learn” because of the inherent nature of such evolutionary entrenchment of DNA-coded characteristics.  It used to be that, whether in the mythical “State of Nature” as advanced and envisioned by Locke, Hobbes or Rousseau, or the more fossil-based models as posited by anthropologists, the individual who was widely considered as a precarious survivor was quickly extinguished from the gene pool either though acts of foolish daring or by neglectful carelessness.

Survival was, until recent times, always high on the list of priorities.

In modernity, we rarely even consider it, and that is why we cringe with disbelief at horror stories of sitting placidly in a café or restaurant when suddenly innocent bystanders are being shot at, or become the victims of an explosion where shrapnel and other ravaging debris aim at the human flesh – not for predatory hunger, but for mere destruction and devastation.  Laws become enacted and govern safety; mechanisms are put in place to prevent industrial accidents or massive catastrophes impacting a wide swath of population centers; these are all, in modernity, for the most part, avoided and of rare occurrence.

Thus, the precarious self has become an irrelevant concern, or not at all.  The incommensurate dilemma of an individual being lost in his or her own thoughts as he walks upon a den of wolves out to find and devour dinner, is not of a major concern; perhaps, the closest we may come to in considering the precarious self is of a person lost in thought who crosses the street without looking for oncoming traffic; but, even that, the new technology arming every vehicle with sensors which automatically prompts the braking systems are attending to that potentiality, as well.

It is, in the end, more in the arena of making mistakes, proceeding in ignorance and creating circumstances of irreconcilable self-destructiveness, that the concept even becomes applicable or comprehensible, in these days.  For example, in preparing a Federal Disability Retirement application by a Federal employee or a U.S. Postal worker, does the Federal employee or Postal worker know enough about “The Laws” governing Federal Disability Retirement in order to proceed successfully?  Have you spent enough time to familiarize yourself with the statute, the case-law and precedents of recent import in order to successfully maneuver your way through the administrative process?

This is, whether one likes it or not, a highly bureaucratized universe, and the ability to avoid the precarious self often requires a great amount of investment of one’s time, energy and concentrated focus upon the details of daily, unavoidable complexities.  Preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee falls under FERS, CSRS or CSRS Offset, is something that requires avoidance of the precarious self, at a minimum; and, more than that, to maneuver around the precarious “others” as well – including the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement Benefits: The party never thrown

Why do we have angst over the nonexistent, the unknown, the yet-to-become, while concurrently failing to appreciate the concrete, that which is realized and the presence of those whom we declare to love, is before us and has stood by for all these years?  What is it about the future participle of life that haunts us?

It is Kierkegaard who gave us an insight and understanding into the anxiety that humans throughout history have felt, of this life of striving for happiness, yet never to be realized because of an inner sanctum of unease and joyless emptiness.  It is like the party never thrown; no one was invited, or no one cared to show up; in the end, whether thrown or no one came, it all amounts to the same thing.  That is the conceptual construct which Kierkegaard posited, for all doubters to latch onto:  The either/or of life, of that leap of faith into the unknown, in order to fill that nothingness and abyss of life’s mysteries.

We feel cheated, empty, withdrawn behind a curtain of unknown and unknowable puzzles, and left to die in the emptiness of an unforgiving universe.  Misery, unhappiness, disappointment, illness, chronic pain, and finally death; is this the best that the gods could do?

The party never thrown is not unlike the one where, you are told of it but uninvited; or, invited, you arrive and find that the host had misinformed you, and the guests had already arrived, had a good time and left, and you have entered into the used bits of paraphernalia, half-eaten plates of crusted and stale cake, and ice cubes still melting in the swirl of activities you can now imagine and picture – without you in it.  Then, to add insult to injury, you are asked if you could help clean up the mess, and perhaps as a consolation, you could have a leftover piece of pie?

The party never thrown is the one you will never experience, and yet you worry with the angst of having never been invited, never been considered, for that which is nonexistent and without a future of foretold happiness.

For the Federal employee or U.S. Postal worker who suffers from a chronic, progressively deteriorating medical condition, such that the medical condition necessitates the preparation, formulation and filing of a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the feeling that one is about to leave the Federal workforce or the Postal facility just when there is a party to be thrown, is an understandable abyss of a feeling experienced, a sensation touched upon and an angst still to be faced.

But know that the party never thrown is a mere nothingness, like the man who falls asleep, dreams of a butterfly that awakens thinking that the butterfly dreams of a man who fell asleep, awakens and wonders if it is the butterfly or the man who is dreaming at all.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: The immovable individual

Aristotle’s unmoved mover is an interesting conceptual posit:  it is based upon the cohesive compromise between the Pre-Socratics as paradigmatic examples encapsulated by Parmenides and Heraclitus – of the universe as seen in a singular “oneness” as opposed to embroiled in constant flux and change.

The unmoved mover consolidates into a synergistic compromise the pendulum between the two extremes:  Here is the apex of perfection representing unchangeableness, surrounded by the universe of flux and constant metamorphosis striving towards that paradigm of perfection; and so the world of alteration and the oneness of the infinite are balanced in a yin-yang of a complete whole.

Within this universe of the immovable and inconstancy reflects the types of individuals roaming the world – of the indecisive and hollow man without a moral compass, to the principled and uncompromising stalwart whom some would characterize as narrow-minded and radical in holding extremist views unshaken by cultural alterations and daily vicissitudes of undermined normative paradigms.

But history portends of change, and it is the mounds of human detritus that combine to reveal that flux is the foundation of successful adaptation for survival in Nature, as well as in human society – of business models that must follow the trends of cultural metamorphosis, to the embracing of a changing society and structures of sociological tremors throughout.  Yes, having principles to abide by is important; but Man is neither perfect like the Unmoved Mover, nor touching upon the residue of angels and gods who pride in the near-perfection of heavenly bodies.

The immovable individual – while principled and relied upon for foundational support – is often the one left behind because when life clashes with the ivory tower of conceptual constructs, not moving is tantamount to seppuku – the traditional honor-killing by disembowelment by the samurai.

That is often the problem with life, living and beliefs that one clings to; and for the Federal employee and U.S. Postal worker who has a view that one’s Federal or Postal career path must by necessity strive towards the Unmoved Mover, the problem is when a 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 positional duties.

Federal employees and U.S. Postal workers often will continue to work until it is detrimental to his or her own self-interest – i.e., to the cost of one’s health.

Yes, having a paradigm of principled beliefs is important, and yes, living by a moral compass can maintain the important foundation for integrity, loyalty, uprightness and reflecting all that is good in human nature.  But when reality clashes with principle – as when one’s view of working for “the mission of the agency” or for the good of the U.S. Postal Service begins to contradict one’s medical condition, then it is time to consider preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, and not worry too much about being the immovable individual whose paradigm as reflected in how Aristotle’s Unmoved Mover may – while being a stalwart of perfection – be left behind in the dustbin of history’s irrelevant collection of ideas showing the vaunted state of angels no longer believed in, and gods removed because of the errors of myths and fantasies once created to tell the narrative of human folly.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: False Positives

We demand that a “retest” be done, to ensure that the result did not have the opposite effect.  It is a linguistic conundrum that the affirmative means its negative; for, in medicine, a “positive” result is the worst of news, whereas in most every other context, it is a welcomed declarative.  But because it is a result which is not embraced with delight, we ask that it be further verified in the event that the “positive” is a false one, and we want it instead to not be a true one, and thus ask for a retest in order to see whether the second one will result in a true negative, which is the opposite of a true positive in hopes that the first positive result is a false one.

Are there such similar circumstances in daily life, apart from the medical field, where we received results of false positives?  The latter term in the phrase is misleading, precisely because laudatory declaratives are normally welcoming additions; yet, combined with the former word that essentially negates the latter, it is an oxymoron of sorts and is thus relegated to a defined field in the medical arena.

But false positive do rear their ugly heads now and again; in employment, where awards and exuberant encouragement are provided with nary a compensatory incentive, giving the impression that the company recognizes the employee as a valued asset, all the while withholding that most coveted of advancements – the “raise”.

That is surely a “false positive” that needs to be retested.

Or, of loyalty seemingly accorded by a Federal agency or the U.S. Postal worker, so long as productivity is met and the “mission of the agency” is placed on a priority basis, where long and uncompensated hours, both in physical presence and cognitive input when exhaustion from work, worries and problem solving overwhelm and consecrate; but when it really “counts”, does the concept of loyalty allow for bilateralism, or was it merely a one-way street:  Your loyalty to the Federal Agency or the Postal Service, in return for a false positive?

Is filing a Federal Disability Retirement application considered a “false positive”?  Or even in an inverted sense – it is “positive” because it is a benefit which is available when (often) all other options have failed; it is purportedly “false” because it means giving up one’s career and being presented with a future with less income.

But it can also possess an inverted meaning –  of a false positive because it is an a recognition that the medical condition has come to a point where an admission must be made:  the falsity of hope in relying upon the Federal Agency or U.S. Postal Service to reward one’s undiminished loyalty these many years and decades, would result in an accommodation of the medical condition, combined with a sense of positive outlook for the future because of this past reliance.

No – unfortunately, such a false positive would surely have to be retested, and the result would be that, yes, the false positive of having the ability to prepare, formulate and file for Federal Disability Retirement benefits is indeed a true positive that is there to be accessed.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: False Promises

Is it an oxymoron?  If it is made, how can it be negated by untruth; for, if it is a nothingness at the outset which compels null and void the substantive content of the thing itself, how can it purport to be what it is while at the same time creating an abyss of meaninglessness?  A promise cannot be false if it is to have the very meaning of a promise; and yet, we know that there exists such falsity of posited assurances, if not proposed by dishonest individuals and con-men, then at least by unintentional or otherwise mistaken pillars of vain malfeasance.

False promises are not promises at all; they are likened to nonsensical statements, which are similarly non-statements precisely because of the meaningless nature of the declarations.  Just as Bertrand Russell’s playful cunning in the statement, “The present King of France is bald” – that is both nonsensical and allegedly violates the laws of logic (specifically the Law of the Excluded Middle) – so, false promises cannot exist as either falsehoods or as promises precisely because they negate each other in their very existence side by side.

But in the world of pragmatic affairs, we know that they are made each and every day.  We are promised daily, and falsely, by individuals, entities, agencies and organizations, whether with or without a handshake, sometimes in writing, other moments by verbal implication, and even every now and again sprinkled with a smile, a nod, a wink and a prayer.  Promises made have an expectation of being kept; and broken promises, like false ones, cut deep into the wounds of betrayal, and haunt us with a profound sense of anger and reeking with the vengeful fury of a violation well beyond mere resentment.  There are few things in life that compensate for false promises.

For Federal employees and U.S. Postal workers, Federal Disability Retirement is just one of the few compensatory alternatives to the expectation of a false promise made, implied or otherwise denoted.  Perhaps it was the long hours of dedicated and uncompensated time devoted; or the expectation that loyalty would be a bilateral avenue, as opposed to a unilateral desecration of implied trust.

In any event, one would have thought that “accommodations” would be made upon the interruption of a medical condition, when the medical conditions resulted in one’s inability to perform the essential elements of one’s Federal position or Postal job.  But, alas, such accommodations cannot be made; the dedication of those many years, and sometimes decades, cannot be recalled but for yesterday’s contribution; and the promises seemingly made cannot be false when, all of a sudden, a question is fired back:  Is it in writing anywhere?  What or who ever gave you that idea?

For the Federal employee or U.S. Postal worker, filing for Federal Disability Retirement benefits is often not just the best alternative, but the most prudent option remaining and still available – in rebuttal to false promises made, and truth declarations long forgotten and left behind in the corridors of remembrances no longer written in stone, but disappeared into the office shredder worth the value of the paper it was never written upon.

Sincerely,

Robert R. McGill, Esquire