Legal Representation on Federal Disability Retirement Claims: Proof

What constitutes it, and how do we learn of its sufficiency or relevance?

Take the following scenario: A group of boys are gathered together along with Billy, the “town bully”.  A discussion of sorts ensues — who is the toughest kid in town?  Some of the boys offer that “Dave” from across town is the meanest and toughest — a black belt in Hapkido, a state wrestling champion and a middle line backer for the high school football team.  Some others counter that Dave was once beaten up by Joe back in February, and doesn’t that “prove” that Joe is the toughest?

Then Billy suddenly stands up and everyone else becomes quiet.  He starts slowly and deliberatively pounding his right fist into the open palm of his left hand, and juts his prominent chin out in an intimidating manner, and says, “Okay!  Enough of this talk!  How ‘bout me?  Which of you weaklings says that I’m not the toughest guy in town?”

There are multiple sounds of gulps and fearful drops of sweat begin to trickle down the backs of each, and one of the other kids — a skinny little weasel with thick, black-rimmed glasses, suddenly shouts, “That’s proof enough for me!”  Following was a loud and unequivocal consensus of unanimous agreement.

In such a scenario, two things occurred: One — Billy “proved” that he was the toughest kid in town, and Two — all of the other kids took the lesson to heart that the proof of a physical presence and the threat presented was “sufficient” proof, as well as relevant as all get-go.

Thus are all of the components necessary to establishing verification of a propositional truth established: the town bully’s declarative utterance, backed by the force of a metaphorical persuasion (for one would argue that no overt coerciveness was used, but merely an innocent act of pounding one’s fist into the open palm of one’s other hand, and if asked whether Billy “threatened” anyone into declaring him as the toughest kid in town, he would and could innocently declare that there is “no proof” of any such accusation established or verified), and further reinforced by the scientific consensus of his peers and fellow students.

Proof was offered, considered, and accepted in full by a persuasive methodology of a succinct and effective form.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the systematic and methodological “proof” which must be gathered and presented to the U.S. Office of Personnel Management in establishing the Federal or Postal employee’s eligibility and entitlement to Federal Disability Retirement benefits must, of course, be somewhat more sophisticated than the rudimentary — but effective — amassing of proof portrayed by Billy the Town Bully.

Of course, some of the characteristics may still be relevant — of what constitutes “effective” proof; of what works as “persuasive” proof; of what is comprised of proof itself.  But the difference is that, while proof that leads to an approval from the U.S. Office of Personnel Management should last for the lifetime of the Federal or Postal employee, “proof” for the kids who agreed that Billy was the toughest guy in town lasted only so long as the threat presented kept everyone convinced.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The retirement itch

It normally doesn’t come until late in life; of that picturesque paradigm of the old man sitting in a rocking chair beside a crackling fire, a dog or cat, perhaps, on the floor just beside, reading a novel or looking through a picture album; where is Norman Rockwell, and is he still relevant?

In modernity and more recently, the picture depicted is of the old couple, or in solitary state of affairs, climbing the mountains in the Himalayas or traveling to exotic lands beyond; for, the advertising agents have figured out that if old people sit around in rocking chairs, mutual funds merely sit idly in accounts without becoming subject to trading fees and other expenses, and it is best to alter the mindset for future sources of income rather than to allow for stagnation to determine the course of a past.

Is that too cynical a view to posit?  Of course, events outside of one’s control will often determine whether or not activity in old age can be embraced, or will a more placid, sedentary lifestyle consume one’s retirement?

The “retirement itch” is one that often comes late in life, after a lifetime of toil, strain, stresses and “dealing with” problems.  Is “retirement” a concept that developed only in the last and present centuries?  Did not most people just work and work and work until one “died in one’s boots” – the proverbial preference of most people who have been productive all of their lives?

Then, of course, a medical condition can cut short and impose an early retirement upon a person – and that is what Federal Disability Retirement allows for, 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 job.

It is that lack of a “retirement itch” that often makes the Federal or Postal employee pause; for, he or she is simply “not ready” to file for Federal Disability Retirement.

Yet, it is not any “retirement itch” or longing to rest and relax that leads one to consider filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  Rather, it is the recognition that there are more important things to prioritize in life besides one’s work and career – such as one’s health.

It may well be that you are too young to have any sense of a “retirement itch”; but that sensation may be lost forever unless you focus upon your health and well-being, such that you will live long enough to scratch that itch that tells you that tomorrow may yet bring a brighter hope for a future yet untold.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: Minor pleasures

At what point does the transference occur?  Minor pleasures are those interludes in life that make for everything to become, and remain, worthwhile; sometimes, because of various tumults in our lives, the designation of “minor” becomes altered, and becomes “major” – like the dream fulfilled of that kid who toiled in the minor leagues for so many years and finally got his big break by being called up to the majors.

Is such an indication of a metamorphosis a harbinger of something else?  If the minor pleasures of life – coffee with a piece of chocolate; reading a favorite book; a swim in the ocean; an early morning walk (or run) with the dog; or even a weekend, afternoon nap – are suddenly taken away, what (major) consequences would accrue?  Does subtraction of it, or negation of the enjoyment, determine the substantive input and extent of the designation?

If it is missed to the point where it makes you miserable, does it indicate that it was never “minor” to begin with, but of major proportions all along, but you just didn’t realize it?

How about its opposite – a “minor irritant” – does that possess a meaning encompassing a parallel but corollary effect?  What if your “significant other” engaged daily in a habit that irritated you, but in a minor way – you know, those things that, when you were dating (or, to show your age, applying the anachronistic terminology of “courting”) or just hanging out together until you both decided to make the arrangement permanent, it all seemed “cute” and attractive, but now is a bothersome dig, but not enough to engage a war over – like blowing one’s nose loudly in public, or picking one’s toenails and leaving the remains on the bathroom floor; or leaving a door unlocked, etc.

At what point does a “minor” irritant become a major one?  When you get into a fight and you point out the laundry list of such irritants?

But take it in another sense – all of a sudden, that significant other dies or departs, and you realize that all of those irritants are suddenly missed, and you actually wish that you were tormented by them, because they amount to minor pleasures that awaken the dull sensibilities of life’s monotony.

Medical conditions can be like that – like a minor irritant that becomes a major complaint.  Or, the absence thereof can be the minor pleasure, where you remember that once, not so long ago, you were fit and healthy, and just the mere fact of a medical condition’s absence is a minor pleasure in life.

For Federal and Postal employees 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, the question is, What is the point of life’s minor pleasures?  Is it to make everything else tolerable, or to be enjoyed regardless?

Filing a Federal Disability Retirement application is often not just a necessity, but a path towards regaining a sense of balance – of asserting those minor pleasures in life that have been erased and eradicated because of the constant harassment at work and the hostility that kills all joy.

Preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is just the first step in the long road towards getting an approval from OPM. But it is a worthwhile step, especially if the goal of life itself is to enjoy those minor pleasures of living – like attending to one’s health as a priority in order to once again relish those minor pleasures.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The mere asking of a question

In modernity, the asking of the question in itself raises a suspicion.  Being curious no longer kills the cat in some obscure, proverbial manner; to inquire immediately brands the individual and categorizes the questioner based upon the query of conventional consciousness.  Thus is debate of any kind quelled; for, to engage in a dialectical process requires a prefatory landscape of imaginative fertility; but in an atmosphere of poison and shallow interests already consecrated, there can be no classic form of “give-and-take”, of a level of intellectual inquiry required for the pursuance of excellence, improvement or uncanonized thought processes.

Can society ever escape from this cycle of self-immolation, where intellectual integrity is questioned, when speakers are shouted down at quiet lecture halls of solicitations for a teleology of thought, and at a level of purposive questioning, as in the days of yore when the pestering Socrates questioned every convention of the powerful and influential?

It will be difficult, if only because the widespread de-coupling of thought from information, separated by the force of modern technology, where deviation from identity is difficult to maintain, has made drones of us all.  Fortunately, law is, and remains somewhat in a sacrosanct manner, an arena which allows the simple query to survive, if only within the compound of argumentation for a cause.

For the Federal employee and U.S. Postal worker who becomes the victim of one’s own bureaucracy, where a medical condition requires an accommodation but the Federal Agency or the U.S. Postal Service is unable, or unwilling, to pursue avenues to allow for the continuation of one’s chosen career, preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the best and only alternative to pursue.

The battle of inquiry and improvement — for, if you think about it, they go hand in hand in that the only way to “improve” anything is by questioning the status quo — may have to come to an end; and as it takes effort to expend to question and contend for greater heights and levels of excellence, so the Federal or Postal employee who suffers from a medical condition, such that the medical condition no longer allows for the Federal or Postal employee to perform all of the essential elements of one’s positional duties with the Federal agency or the U.S. Postal Service — the energy expended in other areas must now be preserved to attend to one’s medical condition and the deteriorating health of one’s body, mind and soul.

Sometimes, the mere asking of a question must be left alone, where silence is the golden ray of future radiance, and where youth may be the proper province to leave behind a generation of upstarts who never had the opportunity to ask that ever-childhood query, “Why?”

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 Employment Medical Separation & Retirement: Putting forth an air of pretension

Why is it that changing one’s vernacular accent is considered pretentious?  What if people, on a daily basis, came into the office and assumed a different dialect — the Northerner with a sudden affectation of a Southern drawl; a Midwesterner assuming the melody of the Irish; or the New Englander presuming upon a Jamaican tango; and the next day, in random turns, everyone played musical chairs with the spoken word and its vehicle of communication — why would we be critical of such a display of linguistic malleability?  The phonetics of pretension remain predictably unacceptable; somehow, we know that a certain “putting on” of an accent is either bad or less than genuine.

Take the hypothetical one step further:  Say that the world went mad (this part of it is hardly difficult to fathom) and everyone around went about taking on a different accent, and there was one particularly annoying person (you pick the gender) who everyone thought was being overly “pretentious” by speaking in a melodious gaelic accent.  “Oh, he thinks he is so good at it!”  “She sounds so fake and insincere!”  But let’s take it a step further:  Assume that everyone agreed that the person was so terrible that we all demanded that he/she cease the phonetic banality, until it turns out that she is actually a native of Galloway from southern Scotland, and that the alleged pretension was truly genuine.  Would the accent still be a “bad” accent?  Is there such a thing as a bad but genuine accent, or does the “badness” inure to the pretension of insincerity?

Now, take the Federal or Postal worker who has a medical condition or is injured, and comes into the office or the facility daily, and hides — as best he or she can — the medical condition, but suffers by way of less productivity and inability to fulfill all of the essential elements of the position; is that Federal or Postal employee being “pretentious”?  And when the Supervisor or Manager of the Federal Agency or the U.S. Postal Service discovers the medical condition and begins the inevitable campaign of harassment, intimidation and PIP preparations, do the others come to his or her defense, or scurry away like rats on a sinking ship?

Federal employees and U.S. Postal workers who suffer from a medical condition, of course, have the option of 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.  In the end, there is never a “bad accent” when the origin of phonetic uniqueness is genuine and sincere; just as it is never a negative reflection upon a Federal or Postal employee who files for Federal Disability Retirement benefits through OPM when there is a medical condition which prevents the Federal employee or U.S. Postal worker from performing one or more of the essential elements of one’s positional duties.

Both are valid and viable “life” choices that must be considered.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Of things (which should be) hidden

Perhaps it is a moment of repose, when relaxation allows for an unflattering silhouette or an act with hands which reach for things not publicly accepted; or of an insight into the depths of a soul, better left concealed, congealing unexpectedly before one’s eyes despite best or better attempts to suppress or repress.

We all assume certain aspects of a person’s life, and when they appear not within the slice of images presented to the public eye, we do not take notice because the presumption remains throughout.  Thus do bathroom scenes remain irrelevant throughout most of the history of film, and have only made their debut as titillating artistry masked as prurient creativity encroaches in subtle increments upon our sensibilities (with the obvious exception, of course, of Hitchcock’s scene of the curtained shadow).

Somehow, despite our incessant clatter of protestations to the contrary, the privacy of our lives become exposed and elevated to a pedestal of a declarative rumination, like the child-actor who accepts the adoration of public applause in place of the denied love of a parent.  The lowest of our essence tends to congregate in bunches of time, place and people; perhaps, as like attracts like, and similarities of venturesome teleologies aggregate for symbiosis of common causes, so the ugliness of humanity seems always to find its way where innocence abounds and the naive output is counterbalanced by the depravity of so many soulless zombies.

So it is in the workplace, where the ugliness of human character tends to reveal itself.  But that we wish for privacy, and for the sheer meanness of the human spirit to remain hidden.  The skin is an organ which covers, and for that we may be thankful — as the inner organs of man were never meant to be exposed for viewing where beauty is replaced with the stark reality of who we are.

For Federal employees and U.S. Postal workers who must continue to go to work despite the deteriorating and progressive presence of 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 persistent exposure to things which should remain hidden, often becomes a constancy of unrelenting corridors of shame.

Just as divorce merely widens the microscopic fissures of that which the child already sensed, and the secrets leading to wars were already well-known by enemies and allies alike, so the facade which allowed for amiability and camaraderie suddenly crumbles, and the ugliness of humanity exposes itself.  Why is it that of those things once hidden, they suddenly become public and unconstrained?  And in the very midst of medical conditions and human plight which should engender empathy and consolation, the increase in harassment and progressive punishment exponentially facilitates.

For the Federal employee or U.S. Postal worker who finds him or herself in such a situation, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management becomes not merely the least of options remaining, but the best alternative to a deteriorating circumstance.

And of those things which should have remained hidden?

Like vestiges of timeless reruns from an era veiled by innocence, the reels of fading images defy the reality of our day, and the best course of action is to prepare an effective Federal Disability Retirement application, to be submitted to OPM so that the escape hatch can invite a gust of fresh air where once the stuffiness of a stale and toxic environment was suffocating the very life out of our soulful existence.

Sincerely,

Robert R. McGill, Esquire