OPM Retirement for Mental or Physical Incapacity: Gatherings

What is it about human beings that compel and necessitate it?  Unlike the wandering Cheetah or the lone wolf, human gatherings have been the imprint of psycho-social requirements since the dawn of day.  The tribal gatherings around the campfire; the Thanksgiving feast that celebrates survival and the new season; the corporate board, the large-scale concerts and the network of social media; and then, of course, that which is all but forgotten, and yet always yearned for: the private gathering of “just the family”.

Somehow, we lie to ourselves and soothe our own egos, suppress the truth by – again, “gathering” – the number of “friends”, “likes”, etc., and it has now become a quantitative game as opposed to a qualitative reality that determines how “happy” one is.  In modernity, we have lost the whole purpose and underlying foundation for what gatherings are meant to be – of the interchange between neighbor and neighbor, the opportunity to listen to elders and the basis for which a society survives.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal position, does the Agency, the immediate supervisor or fellow coworkers even “know” about the medical condition, or even show any concern or care?

Each day, we “gather” together for a common purpose – for work, for the Agency’s “mission” and the “work-for-paycheck” agreement between employer and employee.  And, yes, there is a distinction to be made between a “social gathering” and a gathering intended for purposes of work and productivity.  Yet, there is something inherently amiss when one’s humanity is lost in the process of this thing called “employment gathering” – where no one seems to care about the next person, and when once the clock ticks to the closing hour, everyone departs to their own private gatherings, whatever that may be and wherever it may end up.  Of course, to invite a coworker to a home meal may constitute some form of harassment, and any gatherings to “pray” for another – regardless of what religion or denomination of belief it may originate from – is automatically excluded because of the offensive connotations of such an act; and so we are left with going home, each of us, and gather from a distance through the technology of Facebook, Instagram, Twitter and email.

And yet, the Federal or Postal employee who has all along suffered from a medical condition, suffers still, and the only option left is to prepare, formulate and file an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, just because the “gathering” at work didn’t care enough to try and find a suitable accommodation for that Federal or Postal employee.  Go figure.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: Equilibrium of life

What is the importance of maintaining one’s equilibrium of life?  The concept, of course, implies a “balance” of sorts, where there is an analogy of images that includes an orderly sequence, a scale that is suspended in the middle and not tilted to one side or the other, and a sense of calm and peace that pervades.  To be “out of kilter” is to have a loss of equilibrium; and somehow to embrace extremes is to manifest a loss of control.

We all lose our equilibrium of life, whether daily, weekly or in more tandem steps of ordinary outcomes.  Sometimes, it is something that someone said at work or just as you leave your house that “throws you off” and gets you into a “bad mood” and out of sorts; or, other times, it is some reminder that triggers something from one’s past, and places one in a foul mood for days on end.

The cottage industry of self-help motivations is alive and well; of acupuncture, therapy, the gym, corporate motivational speakers, healthy diets, unhealthy diets, quiet meditation, protracted yoga, pills for medications, sounder sleep cycles, changing one’s language to reflect a “journey” of sorts, religious fervor, causes to die for, therapy pets, guard dogs, and just plain dogs that come and give you unconditional love…these, and many more, allow for one’s equilibrium of life.

Whether we pay for it daily, weekly, monthly or yearly; whether the money is well-spent or ill-conceived; the goal is always, however you want to characterize it and in whatever manner the language game is cited, the result that is sought is all the same: equilibrium of life.

Then, hopefully, if even then, on one’s deathbed, one can shrug one’s shoulder as one is hooked up to complex life-support systems, and declare to one’s loved ones: “The key to the universe in order to attain the equilibrium of life is…” and gasp out one’s breath, not having had the life left to complete the sentence, and leaving loved one’s and those trying to listen in on the pearls of wisdom otherwise untold, and leaving everyone else out in the proverbial cold.

Perhaps there is a “key” to life that results in one’s equilibrium of life; or, not.

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 equilibrium of life is often out of sorts, out of kilter and off-balance, precisely because one cannot focus exclusively upon one’s health and maintenance of life’s blessings.

Filing 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, may not be the “key to the universe”, but it is at least an initial, if small, step towards regaining the equilibrium of life.  And that, however small and miniscule an achievement, is at least a first step towards putting the key to life’s problems on layaway and looking with anticipation towards the proverbial light at the end of a tunnel.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: A breach of instinct

What if? that fragile balance that exists in nature, seen when squirrels scrounge about in search of roots and nuts, moving within the tranquil space besides cardinals, woodpeckers, rabbits and robins abounding when, suddenly, birds attack the rabbits and squirrels, and in turn, the rabbits and squirrels chase one another and attempt to catch and devour the birds, and the mayhem that follows goes on for an unceasing eternity.

Of course, such a scene is not “nature” in its nakedness, but a scene from a suburban backyard, whereas in the true “state of nature”, in the distant woodlands not easily traversed by the human eye (are there such places, anymore?), such scenes of predatory confrontation held by a tentative and tacit agreement of abeyance may occur daily. Or, in those National Geographic scenes, where there is a quietude of implied ceasefire in birds standing atop the backs of hippos and rhinos pecking away calmly at whatever delectable insects abound, and their sturdy underlings happily go about their business – what if, suddenly, the hippo or rhino turns around and with a swift lunge of its massive neck, grabs that bird and devours it whole?

Was there a breach of an implied or tacit agreement, a breach of instinct, or both? When such “agreements” develop within a slow, steady and evolutionary process, over a period of time imperceptible but for the peace and tranquility it creates, and everyone is perfectly content with the circumstances ensconced by tradition and the state of current affairs, what leads to the breach, what are the consequences and is there blame to be spread about?

What if a rogue animal one day just declares to itself, “The hell with this; I was never a party to this agreement, and so I shall do as I please” – what then? Is it not true that no true “breach” has been committed, as the parties were never official signatories to the agreement, explicit, implicit, tacit or otherwise? Who determines that there ever existed such an agreement, anyway, and where is it written in the “rules of order” that certain sequence of decorum must be followed?

That is, of course, the crux of the matter; for, what is the retort of those who have no ethical or moral compass, but to sneer with the declarative, “Show me where it is written!”

For Federal employees and U.S. Postal workers who are preparing to file for Federal Disability Retirement benefits because of a medical condition that prevents the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal job, the presumption is that tacit or implied standards of conduct is often tested at the outset, both by the Federal agency or Postal Service, and even by OPM.

You rely upon the rules, but the Agency may completely ignore them. If you are a Postal employee, this is to be expected.

Yes, there are laws, but so long as silence governs the assertion of rights denied, a breach of instinct becomes the rule of law and the depiction by Locke and Rousseau of that “State of Nature” devolving into a “State of War” can become a contentious state of affairs unless, in the very process of preparing, formulating and filing for Federal Disability Retirement benefits, the Federal or Postal Disability Retirement applicant asserts the legal precedents controlling and constraining the fragile balance that restrains a breach of instinct.

Sincerely,

Robert R. McGill, Esquire

 

Resigning from Federal Employment and Filing for OPM Disability Retirement

Resignation is what the adversary wants; it is rarely an innate condition of the human animal.  Whether one believes in the evolutionary process of incremental genetic adaption, progression and determinism, or that the gods of traditional theology puts forth a teleological foundation, the concept of “giving up” possesses an inherent shrinking away, a repugnance and a natural inhibitor to an act which constitutes surrender and, in some corners of thought, betrayal to self.

But the will of human beings is what separates from the genus of that which we derive; and as monks can defy instinct and sit in burning bonfires of self-immolation, and sheer determination of will-power can overcome fear, the rush of adrenaline and the propulsion of compulsive irrationality through reasoned guidance, so there may be times when resignation carries with it a compelling basis which justifies the action.

For Federal employees and U.S. Postal workers who are contemplating 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 issue of resignation is often at the forefront for multiple and varied reasons:  the agency often suggests it (which, in and of itself, should not be a basis for acting, as the self-interest of the Federal agency or the U.S. Postal service should not be the paramount concern during such a time of turmoil when a medical condition is impacting the Federal or Postal employee’s ability and capacity to perform the essential elements of one’s positional duties at the Federal agency or the U.S. Postal Service); where all Sick Leave, Annual Leave and FMLA rights have been exhausted, and the inability to maintain a regular work schedule has resulted in the initiation of disciplinary actions by the agency (here, the language contained in any such action proposed by the agency or the U.S. Postal Service may be of some use in a Federal Disability Retirement application); or where other pragmatic decisions may be contemplated, such as the ability to access one’s TSP in order to financially survive during the process of waiting for a decision on a pending Federal Disability Retirement application, as well as multiple other unnamed reasons too numerous to discuss within the confines of this limited forum.

Whatever the underlying reasons and rationale, there is often an instinctive reaction, a repugnance and resistance, in engaging an act which is tantamount to surrendering one’s career and “walking away”.  There may, in the end, be compelling reasons to perform such an act, and not all actions involving resignation constitute a reflection of a desperate need.  If reviewed calmly, and decided rationally after due consideration of all of the factors and elements involved, such an act of apparent self-destruction may in fact be the most prudent course of action which perpetuates the genetically-determined embracing of evolutionary survivability, or the voice of gods long whispering in the echoing reverberations of Dante’s concentric circles of ever-impending escape from the fires of hell.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employee Disability Retirement Benefits: When Curiosity Fades

It is that compelling feature for animals and humans alike (if one is to make a distinction between the two); of an innate sense for the extraordinary, and a need to figure out change, reveal the hidden vortex of anomalies, and uncover the mystery behind the curtain.  Shakespeare made reference to the known proverb in Much Ado about Nothing, and it was originally meant as a forewarning for those who meddle in other’s affairs; but it is curiosity, indeed, which maintains an evolutionary compulsion to strive forth, to manifest life and liveliness in the face of dull acceptance and loss of inherent inquisitiveness.

When other concerns begin to intersect and overtake, is when such features meant to enhance survivability and adaption begin to diminish.  Life and its exhaustive characteristics, especially in modernity, can result in the uncharacteristic feature of disinterest and dismay.  Whether the medical condition portends first, or the sense of abandonment in prefatory congealment, the fact is that life and its inherent stresses can be like a weight of seemingly insurmountable burdens crushing in its suffocating pervasiveness.

For Federal employees and U.S. Postal workers, the heightened stress imposed by increasing steps of adverse actions, punitive measures and letters threatening discipline and termination, can be daunting and devastating.  Dealing with a medical condition itself can be a full-time endeavor, and can sap the life, energy and reserve of vitality for even the strongest of individuals.

When the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s positional duties, it is time to take stock and inventory of one’s choices, which are normally limited to three:  (A)  Stay with the agency or the U.S. Postal Service, and allow for the progressive diminution of that peculiar trait called curiosity for life, (B) Wait for the adverse actions to increase in systematic advancement of punitive impositions, or (C) Begin the process of preparing, formulating and filing for Federal or Postal Medical Retirement.

The shell of a man did not become so in one fell swoop; rather, by incremental destruction, like a child taking apart a completed puzzle piece by piece.

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, is often the first step towards regaining a piece of one’s sanity, one’s physical well-being, and one’s “wholeness” of being a human being; and contrary to the common perspective that curiosity killed the cat, it is almost always the exact opposite:  it is the Federal agency or the U.S. Postal Service which kills curiosity, which is the underlying force and beauty of a life worth living.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: From Whence We Came

It is often quipped that the advantage of human psychology is in our short memories; otherwise, we would walk around with greater angst than we deserve.  The accomplishments achieved; the accolades left unstated; perhaps in menial tasks or ones of recognized significance; but in any event, a career, all told, which spans a decade or more, will always have a sense of achievement, if only for the steadfastness of commitment itself.

In this day and age, where millennials change jobs as often as infants of diapers, the career of a Federal or Postal worker which spans multiple decades is an anomaly itself.  Whether the goal was to make that 30 years, or simply because the Federal or Postal employee liked what he or she was doing, matters not.  Commitment in and of itself is an achievement.  Thus, when a Federal employee’s or a U.S. Postal worker’s career is cut short because of a medical condition, such that the medical condition necessitates the 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 regrets foretold or the dismay of a career cut short, should always be replaced with memories from whence we came.

Staying with a Federal or Postal job for so many years reveals a steadfastness of purpose; but where priorities intersect and interrupt, especially when it comes to one’s health and future security, filing for OPM Medical Retirement benefits is meant to salvage such a Federal career by allowing for an annuity to stabilize one’s future, and to consider taking that experience one has amassed into the private sector for a possible second vocation.

Memories; they are funny animals; and for humans, allows for visualization and imagination from whence we came.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Fear and Trembling

The reference, of course, is to the major philosophical contribution by Soren Kierkegaard, the Danish Philosopher; and his title is a further extrapolation from the Bible.  It is an investigation of the test placed upon Abraham to make of his son, Isaac, the sacrificial lamb as a testament of his faith and obedience.

Whether one is religious or not, the value of such an investigation cannot be disregarded.  Such a test and endurance; how far Abraham was willing to go; were there indications of behavior which revealed hesitancy; did doubt ever enter into his mind; is obedience to faith ever justified when it seems to overpower fundamental moral considerations; does the author of moral uprightness have the right to violate the very laws of issuance (similar to the theological conundrum, Can God create a rock heavier than He can lift, and if not, does that not undermine the very definition of omnipotence?); what emotional turmoil was Abraham wrestling with, and what of fear and trembling?

These are mere surface questions which Kierkegaard attempts to encounter; the fact that most of society fails or ignores to consider, is a reflection of the state of our own being.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition impacts (A) one’s own health and livelihood, and (B) the capacity and ability to perform all of the essential elements of one’s Federal or Postal positional duties, the issue of fear and trembling should hit close to home.  Fear is attributable to the uncertainty of one’s future; trembling concerns the state of persecution one experiences at the hands of a Federal agency or the U.S. Postal Service.

Kierkegaard leaves no stone unturned in his rapacious search for truth; for the Federal or Postal employee, even a surface scratching of what Kierkegaard questioned, can be of relevance in moving forward.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management may not seem like entering the lofty towers of ivory perspectives as presupposed by Kierkegaard’s work; but it is in the end a pragmatic decision of fortitude which secures one’s future and allows for the stresses of our times to be set aside, deliberately, purposefully, and with regard for one’s own life and being.

Sincerely,

Robert R. McGill, Esquire