Filing for OPM Disability Retirement: Counting the days

Do we count the days when vacations lapse within the final hours and minutes, when in the beginning sunsets were timeless moments of restful hours yet to come?  What anticipation of worry-less days, and of looking forward to sleeping in, letting one’s guard down and the muscles relaxing from the tensions of anxiety-filled build-ups: No emails (at least for a few days, maybe…until the thought begins to intrude, then grow, then overwhelm, of the accumulation of those hundreds sitting there waiting…waiting…), no phone calls, no need for the greatest necessity in modernity — the ability and capacity to multitask.

The days began with lazy hours and hazy minds; of the sleepiness still caught between eyelids barely opened, and thoughts of the rat-race still barely behind.  It takes days just to unwind, and just when you begin to relax, it dawns on you that you are already counting the days when summer is over, the kids are back to school, and even the commercials on television are already pushing to get those supplies that are blaring with fanfare of sales and super-sales.

Do lions in the wild count the days?  Do the salmon as they fight to go upstream relinquish the solitude of mindless numbers?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition forces one to count not just the days when vacation is at hand, but every hour, every day, every week because survival to the end of the week is the mode of existence, it is time to consider preparing, formulating and 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.

For, in the end, counting the days is nothing but a clear indication that the numbered days are shrinking exponentially, and lost with the sequence of each count is the unalterable truth that days counted are days lost, especially when one’s health is at stake.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: Fair Games

It depends upon how you read the concept, which word or syllable you place the accent or emphasis upon, doesn’t it?

In one sense of the concept, it has to do with games found at the county or state Fairs — you know, where cotton candy is sold and prizes are awarded for the largest potato grown or the fattest pig shown.  In another sense, it is in contrast to its opposite — of games where you have a good chance because rules are imposed and upheld, as opposed to “unfair” games where the proverbial deck is stacks against you.  It is in this second sense of the term that we apply.

Fairness itself is a difficult concept, precisely because of its malleability.  One concept of fairness is an arguable delineation based upon rules, perspectives, and even perhaps of cultural backgrounds.  Rules themselves can be attacked, and are “fair game” when it comes to disputatious boundaries, where there are essentially none to circumvent.

You can argue that such-and-such a call was unfair, and that obnoxious fan sitting next to you might counter, “But that’s within the rules of the game,” and you might then counter to the counter, “Then the game is rigged and the rules are unfair!”  What would be the counter-answer to the counter of the counter?  Perhaps, to say: “Listen, buddy, I don’t make up the rules.  It’s fair by definition if everyone who plays the game has to play by the same rules.”  Is that the silencer — the conversation-stopper — that cannot be argued against?

But what if everyone theoretically has to “play by the rules of the game”, but the rules are administered in a lopsided manner?  Is that what makes the game “unfair”?  Isn’t that what fans the world over complain about when the umpire, for example, sets the “strike zone” (or in other contexts, the “foul zone” or some such similar animal) too wide for some pitchers and too narrow for others?

Or, wasn’t there something like the “Jordan Rule” where a certain player was allowed to take an “extra step” (or two or three, for that matter) and no “traveling violation” was called, because the beauty of his fluid movements surpassed and transcended any “rules” that might disrupt the mesmerizing effect of such human defiance of gravity right before our eyes?  Could you imagine what an uproar that would have caused, where the player-in-question flies through the air with such acrobatic display of gravity-defying beauty, slam-dunks the ball to the rising wave of appreciative fans, and a whistle is blown — and the basket is disallowed?

That awkward motion that the referee engages in — you know, where both hands are balled up into a fist and made into a circular motion, indicating that a traveling violation has occurred — and then pointing to the scoring table and telling them to subtract the 2-points just previously awarded…is it “fair”?  Should fairness sometimes be overlooked when beauty-in-mid-flight entertains us to such ecstatic delights?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the 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 job, life often begins to appear as if “fairness” is no longer an applicable rule — for, is it “fair” that one’s health has deteriorated despite doing everything to take care of it?  Is it “fair” that others seem to have lived a life of excess but seem not to be impacted at all by the abundance of maltreatment?  Is it “fair” that others appear to be receiving favoritism of treatment, while your Federal Agency or the Postal Service appears to be targeting you for every minor infraction of the “rules”?

Life, in general, is unfair, and when a Federal or Postal worker seems to be the target of unfair treatment because of a progressively deteriorating medical condition, it may well be time to prepare, formulate and file 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.

Life is often unfair in general; but when it comes to applying and enforcing “the Law”, it is best to consult with an experienced attorney, especially when seeking to obtain Federal Disability Retirement benefits through OPM.  And like the “Jordan Rule” concerning extra-rule-violation treatment, it is best to make sure that your attorney makes the Rules of the Game enforced — and fair.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Claims: Hope’s extinguishment

Hope is the fragile string that first becomes frayed when avenues of discourse become closed and the corner that was once merely a lexicon of intersecting walls becomes a place where no exit can be found, anymore.  Cornered animals and armies without a pathway for escape become desperate in their responses; and as survival is yet an instinct that has not evolved much beyond the stage of an amoeba swimming in its own microscopic universe, so the urge to fight still remains no matter the odds pitted against them.

The extinguishment of hope comes about when the imagination can no longer fathom a future without a hint of progress, a glimmer of some warmth, and a pathway where present circumstances can be altered. One can become steeped in the insularity of one’s problems, and when those problems become magnified through suffering from a medical condition, hope’s extinguishment is sure to follow.

Filing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is often that pathway out of a cornered life, where hope’s extinguishment can be averted, the glimmer of a future yet uncertain can be stabilized, and the preoccupation with tomorrow’s dismal forecast can be rejuvenated.

Is it the solution to all problems large and small?  Hardly.  But it is an employment benefit that is specifically designed to help the Federal or Postal employee who is no longer capable of performing all of the essential elements of one’s Federal or Postal job to begin preparing for a change of career or a modification of one’s future plans.  For, a person who is granted a Federal Disability Retirement can still go out into the private sector and become employed in another capacity (yet utilize the skills acquired while in Federal employment) and earn up to 80% of what one’s former Federal (or Postal) position currently pays, on top of the Federal Disability Retirement annuity.

Hope’s extinguishment is often a result of failing to consider alternatives when imagination is left to the recesses of dark days and sleepless nights; for, in the end, Federal and Postal employees should always consider all benefits available, and preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may be the pathway to reignite hope’s extinguishment.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation Federal Disability Retirement: Life puzzles

Depending upon the accent or inflection, the phrase can take on differing meanings.  If stated in a monosyllabic intonation, it can be a quiet declaration that the entirety of life is comprised of multiple puzzles in an inert, non-participatory manner.  The other way of “saying it”, is to pause between the two words in dramatic form, or even put a question mark at the end of the phrase, making the second word into an active verb and the noun of “Life” into a projectile that deliberately confounds and obfuscates.

In either form, we all recognize the truth underlying the sentiment: from birth to the continuum of living daily the challenges and encounters, it is always a constant struggle to try and maintain a semblance of rationality in a universe that continually creates flux and mayhem.  That was the philosophical strain that was always taught between the contrasting foundations of Parmenides and Heraclitus; of the wholeness and unity of Being as opposed to the constant flux and change that the world imposes.

Life puzzles us in so many ways, and the life puzzles that confront us daily confound and confuse.  See the subtle difference between the two ways of using the phrase?  In the first, it is in an “active” form, invoked as a verb (transitive or intransitive), whereas in the second, it is used as a noun.  We can get caught up in the grammatical form and usage of words, and in the process, get lost in the theoretical issues surrounding words, concepts and thought-constructs surrounding so many endless and peripheral issues; but the point of recognizing such subtle differences in the language we use is precisely to avoid and deconstruct the confusions we create within the language we use and misuse.

In either form of usage, it is important to state clearly how and for what purpose we are engaging in a formulation of words, thoughts, concepts and narrations.  We all carry narratives within ourselves that we must be ready, willing and able to use in order to describe, explain and delineate.  Those subtle differences that words create must always be untangled.

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, the importance of being able to distinguish between subtle forms of language usage cannot be over-emphasized.  For, Standard Form 3112A, Applicant’s Statement of Disability, is in and of itself a life puzzle that puzzles even the clearest of puzzling lifetimes; it is, moreover, a legal conundrum and a language puzzle that must be carefully reviewed, discerned, untangled and responded to by first recognizing that life does indeed involve puzzles, and such life puzzles must be approached in a non-puzzling way.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: And then we die

(It is the parenthetical previous statement that ultimately matters, left blank to be completed, and never to be presumed).  Actions of finality, or seemingly so, tend to create an aura of despair and angst.  Once, in a world where purpose was never questioned, and the teleological end of man never brought forth the hint of doubt, the cohesiveness of society’s resolve was never a pause.  It is the modernity of hesitation, trepidation and loss of judgment that brings us to the pit of incessant questioning, as opposed to “doing”.  This is a maddening world, where the rise of Existentialism and post-modern impotence leaves us to seek therapy at every turn.

What we do in our lives before that terminal event; what dreams we once possessed before the souring of cynicism overwhelmed us; and of those lazy summer nights when the dancing illumination of fireflies dotted the canvas of a blackened void, when thoughts would drift beyond the mere mediocrities of present lives, current circumstances and seemingly unassailable realities which constrained, restricted and limited the dreams shattered by the reality of our travails; it was then that a glimmer of hope, an expectation of possibility, and a hint of potentiality yet unrealized, would creep into the essence of our souls.

Fairytales matter, because youth cannot survive another day without some fantasy of hope; and doors left unopened and locked with the resolve of “forever” will only diminish and destroy, where the need for tomorrow yet shouts in a rashness of desire.  To shut the pathway to dreams or to construct obstacles for the mere sake of obstruction is to strangle that parenthetical gleam of light yet unextinguished and to betray the angels who look down upon us with the remnants of wings to be unfurled, in hopes of fluttering to pass by with a smile.

Perhaps, one day, there will still be such follies to believe in.  For now, there is only the toil of daily grind, and thus are we left with the question implicit in the statement:  And then we die.

In Muriel Barbery’s work, The Elegance of the Hedgehog, a youthful life of advantage but of seeming meaninglessness is traded with an older woman’s upward trajectory once lost in the anonymity of class distinctions, and the theme throughout encompasses the essence of a life’s worth.  We all want to embrace meaning and value in the life which has been given; have we fulfilled our potential?  Did the dreams we once possessed, handed to us like jewels on a plate of limitless infinity, become realized, or was it a wasted phantasm like a handful of sand squeezed and escaping through the crevices of our closed fists?

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 questions garnered by thoughts of future insecurity are natural and plentiful.  It is, in many ways, similar to the refrain repeated herein:  And then we die.

Once a Federal Disability Retirement application is approved, and the Federal or Postal employee is separated from the Federal agency or the U.S. Postal Service, one wonders:  Was my work of any lasting value?  Did I leave an imprint upon the shifting sands of a prior existence?  Did I make a difference?

But those questions should be cast aside and left behind, and instead, it is still the future of one’s unfinished work that should always be focused upon, and preparing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is to continue the narrative in working upon that familiar refrain, that the future still promises a fulfillment of unfinished potentiality, and the unmarked grave need not be one which is unvisited even in the twilight of our lives.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement: Myths of our own making

What stories we carry within our own heads; the narrative of our own lives, as well as the intersecting conveyances brought by others; the web of linguistic larcenies borrowed, bought and sometimes sold, become who we are and the essence of our being within the world of our phenomenology of existence.  Sometimes, when a lie is told and the piece of puzzle will no longer fit into the greater collage of the manifold tapestry we carry about within our psyche, a rearrangement of sorts must occur.

Perhaps, we discovered, through correspondence and other confirming evidentiary apparatus otherwise irrefutable, that the uncle whose reputation as the moral compass of fidelity had fathered an illegitimate child (of course, such an anachronistic term no longer applies, as marriage no longer validates legitimacy or otherwise).  Perhaps, a meeting with this “family” of prior anonymity becomes a necessity, which then opens experiential doors to other discoveries and nuances of life’s misgivings.

The narrative of one’s life, the connections intertwined and the stories told, must like the piece of a jigsaw puzzle misplaced, be rearranged or otherwise left blank, like the echo of a plaintive voice in a soft hum heard through a mist of cackling geese.  Are secrets worth keeping, anymore?

In modernity, where technology allows for the melding of myth and maxim; where demarcations between the creation of self and the posting of what constitutes the presentation of that being identified as the person who declares to be such, is merely one button away from the virtual reality of a gemstone shining in the moonlit cavern of a secret cave where treasures hidden from pirates of yore flutter with the ghosts of dead seamen and spinning yarns of horrors untold; what we are in the essence of our being has been replaced by the talent to tell of who we are not.  And yet — truthfulness, veracity, validation of identity, and certitude of conduct; they all seem to remain as vestiges of a necessary universe.

The myths of our own making have always been so throughout the history of storytelling.  Today, it is merely more so because of the plenitude of everyone wanting to tell his or her tale, and of every detail most of us don’t want to know.

For Federal employees and U.S. Postal workers who suffer from medical conditions which prevent the Federal or Postal worker from performing one or more of the essential elements of one’s positional duties with the Federal agency or the U.S. Postal Service, a unique sense of duality must be conquered:  there is the need, on the one hand, to “tell all” in the form of SF 3112A, the Applicant’s Statement of Disability; and, yet, what must be revealed concerns the most “private” of one’s narrative — that of the medical condition and the impact of the medical condition upon one’s professional and private lives.

“Myths” are not merely of make-believe; they are the stories told in traditional societies in order to make a larger point.  Indeed, the myths of our own making may sometimes include the fears we hold onto, as well as the uninformed presumptions we grasp at in a bureaucratic process which is both complex and administratively difficult to maneuver through.  Sound advice from a legal expert in the area of Federal Disability Retirement law will help to dispel the myths unwarranted, as well as validate the maxims required.

In the end, the myths of our own making often reflect the haunting fears of experiences we encountered in those days when childhood memories cast their shadows upon the dungeons of our lives, and when trolls and gnomes suspected to reside in hidden crevices scratch at the doorways leading to the most private of our inner fears.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Annuity: The mindset resulting in a witch’s brew

We can often dismiss antiquity with ease by relegating personalities to caricatures and stereotypes.  Thus, of the Crusaders, that they were merely simple folk unsophisticated in the evolutionary Darwinism of modernity; of Roman legions, fearful of punishment and brought up to bear the cruelty of his environment; or even of more recent vintage, the gunslinger out West — of Billy the Kid or Wild Bill Hickok, where legend surpasses the individual and becomes fact.

But a slight alteration of a vantage point can skew the perspective; and thus, when we focus upon the cauldron of the witch’s brew, as opposed to the personality who stirs and skims the steaming pot and tastes with a silent laugh the compilation of herbs, incantations and bones of lizards extinct but for the ghostly aura of a hand which discovers the mist of superstition, then we begin to truly understand the nature of human beings.

Even the modern day “curandera”, or traditional healer who must speak to the Andean underworld and mix the exacting drops of bat’s blood and seek out the plants and herbs in the harsh mountainous enclaves, possesses an aura of mystery unable to be discerned, unless one averts the eyes from the window of the soul and instead transposes upon the metal source from whence the steam arises.  Then, there in the transfixed embrace switching from the deepened riverbeds of facial ravines of the one whom we cannot comprehend, and corners instead upon the objectified universe out of the contextual historicity of predetermined ideas, we begin to understand.

We put faith in others, and repetitively so, and when the self-flagellation wrought by dependence upon the kindness of others is crushed beneath the weight of rejection and rebuttal, then and only then are we able to “move on” and pick ourselves back up in order to advance towards goals abandoned and dreams unfulfilled.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal or Postal employee from realizing the fruition of one’s career as a Federal or Postal employee, and must by necessity forego the compensatory benefits of job, career, TSP build-up and years of in-service accumulation; it is, then, time to consider 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.

Once a Federal Disability Retirement annuity is obtained, the time that one is receiving a OPM Disability Retirement annuity counts towards the total number of years of Federal Service, so that when recalculation occurs when the Federal or Postal employee reaches age 62, those years of Federal Service while receiving the Federal Disability Retirement annuity counts towards the recalculated annuity.

But first, the refocus of one’s perspective must occur, in order to alter the mindset from whence to proceed.

The Federal employee or U.S. Postal Service worker must begin to think “differently” from the personality occupying the identical space as “before”.  Like the mouth agape with wonder and the eyes of disbelief, the parameters of transfixed minds must change in order for change itself to occur.

Focus not upon the personality in history, but the object which remains constant throughout.  For, the cauldron which bears the aroma of a witch’s brew is not the same as the hand which stirs the pot; though, the ingredients of mystery and secrets unrevealed are lost in the historicity of timeless knowledge, and that is why the thought-process resulting from the witch’s brew is often as important as the personality who gathered the aura of potency lost in the steaming mixture of life’s hidden darkness.

Sincerely,

Robert R. McGill, Esquire