FERS Disability Retirement: The Picture We Want to See

Most of us think that we are the opposite of the designated, “Photogenic Individual”.  Setting aside those who crave to be in every picture (including the egomaniacal and perversely pervasive “selfies” which are posted daily and minute-by-minute), the picture we want to see, the photograph we would care to share and the image we would want to be presented to friends, family, third parties and others — they are rarely captured accurately, or at least to our satisfaction of how we see ourselves compared with “what” or “who” we see captured within the confined borders of an image depicted.

Similarly, we all hold an image of who we are within the framework of our own egos — whether of a successful individual or a failure; of self-confidence or lacking in great measure thereof; and of the little boy or girl we remember, before entering into the harsh reality of the world at large, with a past and background of security or insecurity, with loving parents or of cold, dispassionate and distant fathers and mothers; in the end, the picture we want to see is often at odds with the ones we actually hold on to.

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 performing one or more of the essential elements of one’s Federal or Postal job, perhaps filing for disability retirement benefits under FERS is not the picture “we want to see”, but rather, is the picture depicted and represents the reality of what we must see.

No one wants to see the picture — and least of all the Federal or Postal employee who suffers from a medical condition necessitating Federal Disability Retirement benefits.  However, it is often the picture which we least want to see that represents the reality which we must see, and that is what consulting with an OPM Disability Attorney who specializes in Federal Employee Disability Retirement Law is there for: To paint an objective picture which depicts as accurately as possible whether you qualify for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Lawyers: Guarantees

It turns out that — in this time of modernity where language can persuade anything and anyone on everything everywhere — that a guarantee is not quite what it proposes.

Is a “money-back guarantee” a guarantee at all?  To say to X, “I guarantee you an outcome-O; but if it doesn’t turn out that way, then I will give you your money back.”  Huh?  How is that different from no guarantee at all?

Okay, so maybe you receive a refund — but you are in no better position than if no guarantee was made to you to begin with; it’s only that you received a refund of your own money with nothing else to show for it.

Disjunctives essentially nullify the affirmative assertion of a statement.  Thus, to say that, Well, I guarantee you X or (beware of that disjunctive) if X doesn’t occur, then Y — is to merely give with one hand and take it back with the other.

Life in general, as we all know, rarely has any guarantees at all.

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 performing one or more of the essential elements of one’s Federal or Postal job, the process of filing for FERS Disability Retirement benefits is complex enough without being mislead into thinking that entitlement is a guarantee.

It is a benefit that must be fought for, and as all fights worthwhile have a cost to be paid, it is well to consider that an attorney who “guarantees” an outcome should be approached with caution.  Seek the advice of counsel who provides worthy guidancenot one who “guarantees” something that cannot be guaranteed.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement: Damaged Goods

What do we do when first we realize the defects revealed?  If by mail order, we ship it back; if by direct purchase, we confront the storekeeper and point out the lessened nature of perfection and demand either a reduction to the original price or a full return upon the item purchased.

Damaged goods come in various forms: of complete uselessness; of partial defects that matter not; of a lifespan severely shortened; or of irreparable imperfection such that it cannot be used at all.  And of people who view others in a similar way — how do we judge them and what do we think?  Is it “right” for a person to view another as an object — as “damaged goods” — or must we always look beyond the person as a mere commodity and speak in terms of empathetic subjects reaching beyond the surface of a person’s value as nothing more than the price of a car or of an apple to be devoured?

Yet, that is how a person is looked upon, is he not — as in a Federal employee or U.S. Postal worker who begins to 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 his or her Federal or Postal job.  The Federal Agency or the Postal Service begins to view the Federal or Postal employee in terms of “productivity”, of “value” to the Agency or Postal unit — in other words, as a mere object to be assessed as a commodity, and whether the “damaged goods” should be sent back, returned, or replaced with a full refund.

When that perspective is asserted by one’s Federal Agency or the Postal Service, it is time to prepare, formulate and file an effective FERS Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.  For, in the end, the damaged goods must be replaced with a refund or a return, lest we recognize humanity’s incapability of recognizing the difference between commodities and people.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The world of faded photos

There is an anomaly contained in the attempt to “save” faded photos; it is an oxymoron of sorts, where modernity erases the backwardness of yesterday, and yet, at the same time, wants to preserve it.

We have all heard about companies that exist which “preserve” outdated family movies, photographs and taped recordings of distant times; it is all placed, preserved, edited and presented in a convenient “thumb drive” or in some “cloud” in the ethereal universe of a web-based phenomena.  That faded photograph, beautiful in its brown crispiness of an elderly man or woman who looks serious, because in those days having one’s image preserved for posterity was a serious undertaking — in contrast to today’s selfies immediately downloaded and uploaded into a social medium that is quickly disseminated to countries worldwide in an instant, displaying a foolishness that would shock a generation or two of those removed from such technological “advancements”.

The world of faded photos is an universe of past histories now forgotten, frozen in time by a captured expression depicting a time before, now replaced by a time after, and forever remaining in the memories of those who have survived but now sit quietly in nursing homes of corners relegated to mere existence in darkening folds of dementia and antiseptic coils of plastic tubing extending lives beyond what the photographs themselves intended to display.

The world of faded photos defy the modern attempt to preserve that which was meant to last for a generation only, just as men and women try in futility to ignore mortality by cosmetic corrections that makes for appearances which procrastinate the inevitability of time’s ravages.

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 performing one or more of the essential elements of one’s Federal or Postal job, whether under FERS, CSRS or CSRS Offset, the world of faded photos is the one that you remember “before” the onset of the medical condition, and instead of attempting to “preserve” the photograph, it is best to recognize that the image you see in the mirror today is the one worth protecting, and not the faded daguerreotype of yesterday, and the best way to do that is to prepare, formulate and file an effective Federal Disability Retirement so that you can secure some semblance of your future, and not be frozen in the timelessness of the world of faded photos.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Excellence and mediocrity

Are the two identified only by comparative existence?  Can one abide in pure mediocrity throughout a lifetime, only to be fooled into thinking that excellence has been achieved, but on the day before extinguishment from this universe, be visited by pure excellence that suddenly compels one to realize that all along, only a ho-hum level of mediocrity had been attained?

Conversely, can one maintain a level of excellence without a comparative standard against which one may know what “mediocrity” consists of?

It is like the grammatical elevation learned in former school days, of “Good”, “Better”, and finally, “Best” — how does one identify the last in the tripartite series unless there is a comparison against that which is lesser, and how does one ever realize the progressive nature of one’s endeavor unless there is improvement to realize?

One may argue that excellence cannot exist except and “but without” the coexistence of mediocrity, and thus the corollary must also be true.  Isn’t that the problem with everything in life — excellence, once achieved or realized as a goal, becomes a hollow voice of regret when once mediocrity is the standard to which one is reduced?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition has reduced one’s ability and capacity to perform one’s Federal or Postal position and duties to a level of mediocrity and struggle just to maintain a lesser standard below what one has become accustomed to — of excellence in all arenas, including health, personal life and professional goals — the reduction resulting from one’s deteriorating health is often accompanied by a sense of having become a “lesser” person precisely because one has known the “better” and the “best”.

“Good” is not enough, anymore, because “better” and “best” have once been tasted.

Filing for Federal Disability Retirement benefits may not be the “best” answer to all of one’s problems, but it is the better solution to the Federal employee or Postal worker who can no longer perform one or more of the essential elements of one’s Federal or Postal job, especially when the “good” is merely an exercise in mediocrity where once stood excellence.

Sincerely,

Robert R. McGill, Esquire

 

Federal Worker Disability Retirement: The minor incident

Does history alter significance of incidents as time heals or otherwise events are forgotten?  Does the perspective of the one directly (or even indirectly) impacted make a difference upon the writing of history, or is it as some cynics have countered – that history is the written narrative of the victors, and everyone else is merely annotated as mere footnotes, if at all?

As the Great War became overshadowed by World War II, or as some historians argued that it was merely a singular war with a brief interlude between; will other wars that follow, as memories fade and the dying veterans no longer appear at parades and salute the tombs of those fallen, overshadow the epic battles fought, the bravery shown and the comrades buried beneath silent crosses of lonely nights?

The private lives that each of us live, and the minor incident that looms large within the encampments of our own minds; the designation of “minor” depends upon a perspective, does it not?

Reading history is an interesting endeavor, if only because it expands by bringing in a third-person perspective of events beyond, issues not thought of, and incidents that never took center stage.  The authors, now dead, of second and third-tier fame, who may have had a book published here or there but are now forgotten upon dusty bookshelves that librarians never notice; and most of us are merely minor incidents in the greater traffic of life’s misgivings.

For Federal employees and U.S. Postal workers who suffer from a medical condition that prevents the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal employee’s positional duties, perspectives matter.  A “minor incident” at work can become a major issue – and the medical condition one suffers from, or how the agency views the interaction between the minor incident and the natural consequences of working with a medical condition – and one’s viewpoint in contradistinction to the perspective of the agency can be important.

Whatever the issues that may come about or arise during the process, this much is clear: The Federal agency or the Postal Service has one “viewpoint” about your medical condition, and you have another.  The difference is, you have to suffer the medical condition, while the agency sits idly by and scoffs at the major event as if it is a minor incident.  That may mean that it is time 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.

Let the determination about whether a specific incident is minor or major be left up to the historian of tomorrow; what you, as a Federal or Postal employee must do, is to contend with the issues of today, and especially the medical condition from which you suffer, and which is far from being a minor incident.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: Sunshine, briefly

Life is mostly dark clouds, with a ray of sunshine briefly upon a small patch of wet grass.  Yes, yes – such a perspective is a mirror reflection of the conflict between the “half-full” versus “half-empty” outlook; but is it helpful for young people to posit a world view, a paradigm or, in the philosophical realm of ivory towers, that king of all royalties in linguistic sophistication that is dropped nonchalantly to impress and raise eyebrows –  Weltanschauung (since when did a German word rise to the level and replace Latin phrases, when one can barely clear one’s throat in enunciating such concepts?) – when reality doesn’t quite parallel such a fairytale ga-ga-land of fantasy reserved for bedtime stories and dream-filled comforts?

Do we not restrain children from engaging strangers?  Do we not warn of criminals, conmen and conspirators and step cautiously into dark alleys and isolated parks in twilight’s eyesight because the world lurks with malevolent intentions and evil thoughts?

There is no questions, of course, that there are periods of respite; of sunshine, briefly, by rays of telescopic precision warming for a time, before the inevitable clouds rub out the finite orientation of a limited gap emitting brightness of hope.  Is balance the stain of righteousness, and if so, where on the spectrum of both extremes does one draw the line of correctness, and is there a singularly myopic perspective where no other can claim moral equivalency?

Cynicism is attributable to the extreme of the “dark clouds” perspective, and naïve idealism to the other end of limitless sunshine; and somewhere in the middle is where reality protrudes into the conceptual realms of unease:  daily living, the encounters with meanness, harassment and unmitigated callousness that must endure the diminishing dereliction of youth’s untarnished cavity of hope.

It is, in the end, that ray of sunshine, however brief, that we live for, even if it only comes about once in a proverbial blue moon.  It is likened to the 80/20 rule:  Eighty percent of people you meet are not worthy of your time; it is the other 20% that you hope to encounter and engage; the identical proportion applies with work – much of it is monotonous and mindless repetition; it is for that remaining sliver that you do the treadmill stuff in order to apply the relishing technicality of challenging concerns.

For Federal employees and U.S. Postal workers who need to file for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the idea of life’s sunshine, however briefly, is precisely the point, isn’t it?

The medical condition that shortens one’s promising career is but the dark clouds which have gathered and overcast upon your life, career and ability and capacity to enjoy; Federal Disability Retirement – thought as “negative” in the sense that it replaces that which you worked so hard to attain – is that sunshine, briefly, so that you can go out with an annuity, a semblance of security, and focus upon the priorities of life:  Health, family, friends and tranquility.

Now, if that is not sunshine, however briefly, no one can fathom what is.

Sincerely,

Robert R. McGill, Esquire