Lawyer Representation for OPM Disability Retirement: Myopic view

One goes through life struggling just to get through each day.  Life is hard.  Yet, as parents we are scolded into feeling obligated to paint always the positive picture to our children:  That you can work hard and achieve anything; that dreams are there to be realized; that life is a bowl of fairytales waiting to be realized.

Then, of course, children take that viewpoint and filter it through selective and narrow life encounters: The recent Royal Wedding that purports to convey a fairytale-like romance blossomed into reality’s harsh discourse (so long as you don’t read the gossip-columns about the private lives of those involved); the Wall Street trader that makes her first billion; the internet start-up company that offers an initial IPO of a cool 5 billion; and the one who inadvertently wandered into a corner mart store, bought a lottery ticket with his last dollar and won a 50 million dollar jackpot.

We don’t delve into statistical improbabilities of such events actually happening to ourselves, let alone our kids; but there you have it — dreams are here to be realized, grasped, within the reach of a blink’s dream away.

Then, adulthood, reality and the daily grind sets in; the myopic view is the one that strives to earn a living for this day, next week, or even for the month; because, in the end, the “long” view — of planning ahead, thinking about the future or even about the day after the short term — are somehow out of one’s reach, leaving aside being too fuzzy to consider.

For Federal employees and U.S. Postal Workers who must contend with a medical condition that no longer allows for the Federal or Postal employee to perform all of the essential elements of one’s Federal or Postal job, the myopic view of life is the familiar one:  Get through this day; try to limit the pain or mental anguish; try not to make any waves at work; try and remain anonymous, or less noticed than yesterday.

It is the shortsightedness of our lives and the manner in which we live, that becomes the salt upon the wound of our own making.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is at least thinking about tomorrow, or the day after.  For, the problem with the “short-term” is that it keeps dragging into the “long-term” of our lives, and preparing an effective Federal Disability Retirement application can at least turn the short-term of misery into the long-term of some semblance of future security, in order to attend to the priority of both the myopic view and the far-sightedness of our future: one’s health.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Service: Profiles in Discourage

It is, of course, an obvious play off of the 1957 Pulitzer Prize winning work (publication date of 1955), describing 8 U.S. Senators who displayed courage in the face of criticism (an inherent oxymoron?).  Whether or not, and to what extent, Kennedy himself wrote the work (Ted Sorenson, John F.’s speechwriter, finally conceded in his 2008 autobiography as much) has become historically irrelevant, for the legend has become the man, and has replaced the truth of clear lines that once constituted the demarcation between fantasy and reality.

Ancient references to “Camelot” and metaphors about some obscure “torch” being passed through a generational transfer of linguistic fluff, have all cumulatively obscured the stark nakedness of that which makes people and events accountable.  The irony of real life always goes well beyond any fictional attempt to deceive; at least, by designation ascribed, we know what to expect of the latter; but then, there wouldn’t be anything like irony without the absurdity of the former.

Look at the recent allegations of the murky money-trail from Malaysia as the source of funding for the movie, “The Wolf of Wall Street”; how much more deliciously ironic can it get, where a movie depicting blatant corruption is paid for by the very manner in which the moguls of Hollywood are allegedly attempting to make a point about?  What prompted the short-cutting which undermines the title of the work credited to the 35th President?  Is it merely the old adage that the “ends justify the means” — and that not writing a work but claiming its authorship is allowable because the greater good of fame and the road to the presidency will account for such deception?

It is, in the end, the title itself which makes for the irony; for, in a work which describes the integrity and character traits of the subjects within, it is precisely the lack of such which presumes a contradiction without.  And that is the connection with Federal employees and U.S. Postal workers of today — for the entities which employ them represent the “official” face of this country, and yet the way they treat Federal employees and U.S. Postal workers when Federal employees and U.S. Postal workers suffer from a medical condition, such that the medical condition prevents him or her from performing all of the essential elements of the Federal or Postal position, reflects upon a discernible and palpable profile in discouragement (the suffix is added to make the sentence grammatically correct, although poetic license has been taken in the caption of this blog with the title, “Profiles in Discourage” in order to remain consistent with its alter-ego of the work by JFK and Sorenson).

One could argue, of course, that because there is the statutory right of all Federal employees and U.S. Postal workers to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, therefore any maltreatment or mistreatment of a Federal or Postal worker based upon the medical condition becomes a moot issue.

But that is precisely the point — treatment of the Federal employee or U.S. Postal worker in the process of engaging the long and arduous bureaucratic process of filing an OPM Disability Retirement application, should reflect an integrity of cover-to-content.  For, in the end, it is not the cover, nor the first impression which matters, but like the historical characters which are insightfully described in the book itself, the title should always match its claimed authorship.  But, then, of course, we would be left without the delicious irony of man’s daily folly.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Lawyer: The Complexity of Unpredictability

Some view human behavioral unpredictability as a declaration of the underlying complexity; others would have it that, far from any such convoluted aspiration towards mystery and intricacy, a yawn and ensuing boredom more likely represents the determinism and simplicity of humans.

Which represents the true picture?  Perhaps youth and a naive lack of experience in encountering the universe of everyday conflict is what we discover in the spectrum of opinions; and cynicism abounds upon greater enmeshment and entanglement with the human condition.

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, the question often arises as to whom, when and the timing of divulging the intent to file.  As the saying goes, discretion is the greater part of valor; unless there is a compelling reason to do so, limiting the information where relevant; restricting the venue of information to the extent possible; and keeping mum until and unless necessary, should be the guiding principle.

Why?  Because, first and foremost, medical information (which is obviously the primary foundational basis of a Federal disability retirement application) is sensitive in nature, confidential in scope, and entails vast privacy concerns for all.  Further, one never knows how an agency and its representatives may react (thus the charge that human beings are complex in nature), but the predictability of big-mouths and lack of discretion (alas, the corollary charge of simplicity of humans) should restrain and constrain any urge to divulge earlier than necessary.

“Necessary” is the key word, and that applies to people, timing and context of dissemination of such confidential information.

For the Federal and Postal employee contemplating preparing, formulating and filing for OPM Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the general rule, always, should be to believe in both contradictory assertions:  Because human behavior is complex and unpredictable, be discreet in revealing information; and because human behavior is simplistic and unimaginative, similarly be discreet and restrained in providing sensitive information.

As one side of a coin is worth just as much as the other, it is best to feel the nature of two faces in a world replete with two-faces.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Living “As If”

We all engage in it; it is a pastime, of sorts, which is enjoyed by the multitude, and reveals the imaginative capacity of the human animal, but with lingering questions concerning the evolutionary viability and purpose as to the utility of the need.

James Thurber’s “Walter Mitty” (the full title of the short story, which first appeared in The New Yorker in 1939, is “The Secret Life of Walter Mitty”) relished the inherent escapism provided by the contrasting chasm between the monotony and oppressive reality of daily living in comparison to the far reaches of one’s imagination, thereby revealing the unconstrained heights of the human mind.

Living as if the reality of the objective world is not as it is, can be both enjoyable and healthy.  In this technological age of unfettered virtual reality, of computer-generated imagery melding the borders between that which constitutes reality and fantasy; and where little room is left to the imagination; perhaps the death of the world of imagination is about to occur.  Is that a good thing?

The problem with living “as if” has always been the other side of the two-edged knife:  the value of the first edge was always the creativity and imagination which revealed the powers of the human mind; but too much escapism, and one entered the world of self-delusion and consequential harm resulting from inattentive avoidance generated by reality’s harshness.

Some things just cannot be put aside for long.  Medical conditions tend to fall into that category, precisely because they require greater attendance to life, not less.  And that, too, is the anomaly of daily living:  when calamity hits, the world requires more, just when it is the reality of human compassion and empathy which is needed.

In the world of fantasy, those values of virtue which makes unique the human animal become exaggerated.  We enter into a world filled with excessive warmth, humanity, empathy and saving grace; when, in reality, those are the very characteristics which become exponentially magnified during times of crisis.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s positional duties in the Federal government or the U.S. Postal Service, the idea that the workplace may reveal support and accommodation for one’s medical condition is usually quickly and expeditiously quashed.

Federal and Postal workers who have given their unaccounted-for time, energy, and lives throughout the years, and who suddenly find that they cannot perform at the level and optimum capacity as days of yore, find that reality and fantasy collide to create a stark reality of disappointment.  When such a state of affairs becomes a conscious reality, consideration should always be given to filing for Federal Disability Retirement benefits.

It is an employment benefit accorded to all Federal and Postal employees, whether under FERS, CSRS or CSRS Offset, and must ultimately be filed with the U.S. Office of Personnel Management (if one is still with the agency or on the rolls of the U.S. Postal Service, then the application for Federal Medical Retirement must first be filed through one’s Human Resource Office; or, if separated but less than 31 days since the date of separation, also through one’s own agency; but if separated for more than 31 days, then directly with OPM, but within 1 year of separation from Federal Service).

In the end, of course, the wandering imagination of the human mind only reveals an innate calling and need to escape.  Whether that call into the far recesses of fantasy reveals a defect of human capacity, or a scent of the heavenly within the brutish world of stark reality, is something which we should perhaps never question.  For, even on the darkest of days, when clouds of foreboding nightmares gather to portend of difficult days ahead, it is that slight smile upon the face of a person daydreaming amidst the halls of daily reality, that sometimes makes life livable and serene despite the calamitous howls of ravenous wolves snarling in the distant harkening of time.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Foreign Lands

There was a time when foreign lands had a sense of the exotic and prohibitive; but in a shrinking world, where technology brings images of distant scenery into homes and living rooms “as if” time and geographical dissonance matters not; and where virtual reality and computer graphics crosses the bifurcated worlds of fantasy and reality; today, it is the native who finds that being a foreigner in one’s own country is far more common than merely the inability to communicate  effectively in a different tongue.

Being in a foreign land is merely a state of mind; the pendulum swings, and swings far and wide, when first one enters a territory of unfamiliarity; but over time, with growing acclimation and recognition through daily routines, the distance of the pendulum harkens back to a beginning point, and a balance is achieved.

That is how one felt when first the career and employment entered with youthful vigor was embraced just after the school days of yore; the tingling excitement of a new venture, a steady paycheck and fresh with ideas to conquer the universe filled the cauldrons of hope, and where the future beckoned but with endless opportunity and fenceless expanse.  Crisis points have a jarring effect.  They tend to dampen spirits and shake the foundations of confidence and composure.

For newly disabled Federal employees and injured U.S. Postal workers who are hit with a medical condition, even sometimes a mildly disabling condition, the sense is often that one has entered into a foreign land, and the language spoken is one which few understand, fewer still speak well, and where only a handful are willing to take the time to give explicit directions.  Suddenly, the very people who were once comrades in coordinated efforts of missions to accomplish, act as if they no longer know you; familiar doorways are suddenly shut; people whisper, and whether they do so in hushed and incomprehensible tones, or in a language unfamiliar, all amounts to the same.

The need to apply for a visa to exit the land once loved, becomes a reality to forebear; and the Federal or Postal worker who can no longer perform one or more of the essential elements of one’s job, must consider carefully the ramifications of leaving that land once beloved, but now distant in space, time, and geographical reality.  One has become a foreigner in a foreign land; and the exit still open is to file for Federal Employee Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

How, and whether, and to what avail, such tragedy struck, is not as important for the time being as the pragmatic steps needed to be taken in order to secure one’s future.

When war breaks out in a foreign land, the pawns to be captured and traded for barter and advantage often involve the vulnerable and the expendable; and having a medical condition which impacts the Federal or Postal employee’s capacity and ability to perform in the workplace, often becomes like a war zone of sorts; and filing for Federal OPM Disability Retirement benefits  is merely another type of fight, of a bureaucratic sort, through an administrative maze in another foreign zone of battle.

For the Federal and Postal employee who suffers from a medical condition, such that the medical condition prevents the Federal or Postal employee from performing all of the essential elements of one’s positional duties, the time to exit is before the borders are sealed, and to enjoy the scenery of foreign soil from the safety of one’s home.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Medical Retirement: The Beast of Burden

Is there a limit to the capacity for a draught animal that engages in the heavy toil so assigned?  Like the proverbial reed of hay which breaks the camel’s back, what is the limit, the absolute capacity, the outer stretches of what the psyche can absorb, the ultimate strain upon the human physical endurance and the will to survive; until the beast of burden crumples upon an exhausted heap of fatigue and loss of hope, a broken mass of bones, organic matter and mindless assemblage of shattered void?

Is that not how one sometimes feels, when the strains of daily toil aggregate to such an extent that stress is no longer merely an acceptable medium of daily work, and information is no longer a tidbit of enlightening accentuation; rather, too much means that the system is overloaded, beyond the acceptable parameters of mere survivability, and enters into the unknown universe of meltdowns and nuclear fissions.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, the feeling that the balance of life which was so delicately maintained throughout one’s career, can come careening down an uncontrollable chasm of chaos, when once the medical condition becomes that proverbial piece of hay upon the beast’s back.

Federal Disability Retirement benefits are not just an “out” for the faint-hearted; rather, it is part of the compensation package which all Federal and Postal workers are accorded, whether you are under FERS, CSRS or CSRS Offset.  Federal Disability Retirement is a benefit which is filed (ultimately) through the U.S. Office of Personnel Management, and it is not one’s own agency which makes the determination of approval or denial.

For some, it is the only solution remaining; for others, it may be a godsend; for all, it is merely a benefit which allows the Federal and Postal worker who finally recognizes that priorities in life must include, first and foremost, attending to one’s health and well-being, to actually effectuate the balance of life once maintained, but temporarily lost.

For, in the end, while we all like to think that the beast of burden is some mythical creature on a farmer’s pasture in a foreign land, it is often the one who imagines that about the “other”, who is the subject of toil; one needs to merely look in the mirror on a morning when time, stress and stretching of tolerance exceeds the point of no return, and realize that the beast of burden is the one with eyes looking back at you.

Sincerely,

Robert R. McGill, Esquire