Federal & Postal Disability Lawyer: Reality, perspective & medical condition

Reality is the existence of Being; perspective, the Kantian structures of how we see things; and a medical condition is that intervening, interrupting and corroding event that may render the first and second of this tripartite concept into a skewering of prospects.

Of course, a medical condition impacts the reality of a situation, especially a person’s ability, capacity and initiative towards a goal, and further, one’s perspective may become completely altered as a result of the event –priorities may change, the goals one has may be pared back, and even the enthusiasm towards certain things may become modified.  That is why a medical condition is sometimes considered a “game changer” in the reality and perspective of one’s life.

Life is full of bumps and bridges; of trespasses and rightful directions; and even of encounters with empathy, love and kindness; and though the reality of one’s situation may often appear that any perspective other than one seen through the eyes of meanness, cruelty and hardened hearts is merely a child’s dream of a fantasyland long passed and forever extinguished, there are still times of joy to look forward to, moments of smiles and days of sunshine left.

A medical condition is often a dark cloud, but a proper perspective on the reality of that darkness needs to be gathered.

For the Federal employee and U.S. Postal worker who sees nothing but turmoil, disaster and progressive deterioration because of the medical condition that prevents the Federal or Postal worker from performing one or more of the essential elements of one’s job, 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, may lend the Federal or Postal employee a different perspective on the reality of one’s situation.

No, filing an OPM Disability Retirement application will not be the answer to all of reality’s problems, but it may change one’s perspective as to the dark cloud that has gathered upon the reality of that medical condition that won’t seem to go away.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: The greater monsters within

Have you ever engaged in lengthy ruminations, procrastinating because of fear, trepidation and cautionary constraints before proceeding, only to find in retrospect that there was really nothing – or, at least, not much – to have worried about?

Often, it is the greater monsters within that become compounded, exaggerated and increased in fearsome proportions beyond the reality of the objective world, in parallelism with the anxiety we release and the angst we allow.  Within the insular world of our language games and conceptual apparatus created by a complexity of admixtures involving conscience, history of childhood imprints, traumas and psychic damages, it is important to bifurcate the universes of our own makings from those of manifested plenary encounters that can be evaluated, assessed and properly analyzed.

The ability and capacity to judge between the reality of the problem and the internal struggle of an imagined encounter grows exponentially the longer we procrastinate, and that is why the anticipation creates those “butterflies-in-the-stomach” that flutter about like so many somatic consequences of the subconscious angst we create.

The greater monsters within roam about in the neurological fissures that connect the physical brain to the consciousness of life, and when they are allowed to exit from the jailhouses we have compelled them to remain constrained within, it is the damage done from roaming unrestrained, when they trample upon the safe zones we have created, meandering into secluded corners where previously we have carefully posted signs of “no entrance beyond this point”, but have let our guard down, allowed the nailed-down posts to deteriorate, and misplaced the orange cones to be shoved aside in our careless lack of disciplined living.

How do we stop such miscreants from wandering through the sensitive crevices of our own consciousness, and to restrict their access from creating havoc and tumult which we least can afford because of the vulnerabilities and fissures created by the objective world’s intrusion firstly, and secondly and all subsequent times, the exponential expansion of the greater monsters within.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits, the procrastination resulting from the greater monsters within becomes a vicious circle of eternal damnation:  The medical conditions are worsening, exacerbating the internal struggles and the external responsibilities compelled by the job itself, the requirements of the position and the Federal Agency’s and Postal Service’s expectations; concurrently, the greater monsters within create a turmoil that influences, impacts and worsens the medical conditions themselves, such that it becomes a self-fulfilling prophesy of self-immolation.

It is the greater monsters within which must be challenged, slaughtered and vanquished, and that can begin by taking the first and subsequent steps in preparing, formulating and filing an effective Federal Disability Retirement application, and thereby successfully activating the proverbial ending of killing two birds with a single stone, and also overcoming the greater monsters within.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Civil Service: The topic of conversation

How does it come about – that “topic of conversation”?  Is it merely and completely randomly selected, and in a spurious manner caught like the quiet embers that ignite an out-of-control wildfire?  Or, does someone Google on the Internet, something like, “Good dinner conversation topics”, and then proceed to print them out so that silence does not pause the ebb and flow of a party’s chatter?

If you listen carefully at conversations (which, by the way, are becoming a rarity these days, as one becomes ensconced in one’s own insular world of smart phones and Facebook postings, Instagram obsessions and Twitter feeds of inane utterances), you realize the randomness of subjects embraced, and how they often travel like a drunken driver meandering without lights or signals to brace the passersby.  Is that how Darwinian evolution looks like as an analogy of sorts?  A senseless, meandering coveting of erupting utterances without guide, meaning, direction or purpose?

But what if you become the topic of conversation – does it suddenly change, where the ear is suddenly turned red, the interest enlivened, and the aura of disinterestedness suddenly lifts?  And what if you are not in the room, but left to freshen up or take a break, and upon your reentrance, the silence suddenly pauses and the topic of conversation reveals a fissure and a gravitational shift that suddenly embarrasses and shames?  The ears burn – is that merely an old wives’ tale, or does that really happen?

Isn’t that what occurs with Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management?

As an attorney who specializes in Federal Disability Retirement Law, the undersigned is often asked as to when the agency or the Postal Facility should be informed, prior to submission of an OPM Disability Retirement application, of one’s intent to file. It is a rather complicated question, and can have consequences unforeseen and not always positively received, and thus should be specifically tailored to each individual circumstance.

But do not be fooled:  The Federal or Postal employee who files a Federal Disability Retirement application through OPM, at some point during the process will inevitably become the topic of conversation; whether that should bother you, or you should care, depends upon many factors, and not the least of which is often influenced by sound representation by a Federal Disability Retirement lawyer who has guided the Federal Disability Retirement process throughout the gambit of the administrative process.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Gov. Employment: Degree versus knowledge

Does a degree hold as much worth, if everyone possesses one?  Why are the economics of supply and demand not attached to degrees conferred by so-called institutions of “higher learning”?  Is the degree conferred of value because of the opportunities granted by the elevated status, or by the knowledge gained and imparted?  Or is the disjunctive bifurcation into universes of counterparts, between diploma represented as opposed to a jewelry box of wisdom, an offer of false alternatives, when some may indeed gain knowledge as well as certification in completion of courses advanced?

If everything is nothing, and nothing constitutes the combined aggregate of everything, can a distinction with a difference be proffered?  So, if everyone has gone to college, and the conferring of a degree is disseminated to all, has nothing been gained by the accessibility to everything?  It is, of course, best represented by Cordelia in Shakespeare’s Tragedy, King Lear, where he responds to the hesitant daughter, “Nothing will come of nothing”, and entreats her to further to expound by extravagant and flowery profusion of meaningless trope; or would it have been meaningless?

The silence which ensues between the cacophony of emotions in the short scene is painful and agonizing.  The old king whose feelings have been devastated; the insincere showering of expressed flattery by his other daughters; the pauses and elongated silences between entreaty and loss of words; for, it is ultimately that wide expanse and abyss between the words fabricated and the intent revealed, which formalizes the fate of a person’s soul and destined catastrophe.

It is the identical nature of a degree versus knowledge, and there are multiple parallels and counterparts of such contending artifices of conceptual constructs enamored; of silence versus quietude; of peace which merely poses as a veil for a ceasefire.  Knowledge is what is lacking in a society that promotes glitter, padded resume and degrees dispensed with abandon and devalued wisdom.

There are exceptions, however, and the pragmatic cynic will counter with:  Would you allow an individual without a medical degree to perform surgery upon a vital organ?  The answer, of course, is an unqualified “no”.  And that is why, in a Federal Disability Retirement application, the case-law conferred and rendered by Administrative Law Judges at the U.S. Merit Systems Protection Board have consistently held that a treating doctor possesses the greater credibility in formulating an effective Federal Disability Retirement application in a Federal Disability Retirement case, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

For, like the issue surrounding the distinction between “degree” versus “knowledge”, the medical doctor who has never treated a particular patient, but who certifies that the Federal or Postal worker is unable to perform one or more of the essential elements of the Federal or Postal employee’s positional duties, is likened to a person who wears the formalities of credentials, but lacks the individualized knowledge elevated to the heightened ascendency to wisdom, representing the doctor who has had multiple clinical encounters and can determine the capacity and capabilities of the Federal Disability Retirement applicant with confidence paralleling the man of knowledge who may lack a degree, but never fails to notice the pitfalls present on the pathway to an unlit gaze upon the heavenly stars of folly.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Carpet Bombing

It is an approach meant to saturate an identified area of enemy territory especially recognized as any and all potentialities related to the central target.  The antonym of such an approach is one of targeted precision, such as drone strikes represented by guided missiles upon a specific individual or area of identified combatants.

In either case, collateral damage can be expected; the difference is that in the former methodology, the invading forces remain unconcerned and unperturbed, as it is fully expected; in the latter, the term “precision” has its narrow focus, but with the real-world recognition that general public consumption likes to think that when a targeted focus is declared dead, the rubble of destruction didn’t extend to the entire block surrounding the individual’s living area, when in fact it did and almost always does.  The concepts thus have differing distinctions; in linguistic and semantical disputes, the issue often has to do with the methodological approach of effectiveness.

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 former approach of “carpet bombing” is often the preferred choice, as opposed to the latter perspective of “precision bombing”.  That is exactly why Federal employees and U.S. Postal workers who prepare an OPM Disability Retirement application often attach a massive volume and compendium of medical reports and records, hoping to “hit the target” just by sheer coverage of length and width of evidence.

But the old proverb referring to the depth of a body of water, as opposed to the appearance of naked body surface, remains applicable and instructive.  And while the skin may be the largest organ of the human body, covering some 22 square feet in space, the loss of a great portion of it still allows for survival, whereas the heart of a man must remain generally intact, lest the flow of the essence of life becomes restricted or cease altogether.

Precision in every approach and methodological conveyance is almost always the preferred mode; and while systematic formulations in an OPM Disability Retirement case may involve greater input, expansive time and attention in properly preparing the effective Federal Disability Retirement case, the preparation spent in fine-tuning every Federal Disability Retirement application and its compendium of attachments will result in limited collateral damage, with the consequence of allowing others to survive another day despite living within the vicinity of the targeted point of attack.

Sincerely,

Robert R. McGill, Esquire

OPM Medical Retirement: Predictable Pantomimes

Most of life is simply lived.  One engages, works, plans, deliberates, initiates, completes chores, gets up in the morning, goes to bed at night, etc.  Little reflection or thought is required; much of it, like an automaton on a conveyor belt of cursory convenience, requires but mere human movement.

Perhaps in the mythological State of Nature, as described by Rousseau or Locke, the predatory environment creating a necessity of alertness just to survive, required greater cognitive involvement; or, as a corollary, an utopian condition of peace and tranquil coexistence with other forces of nature.  It is when one pauses for a brief moment, reflects, and has a sudden awareness of one’s self in the presence of others, that the very knowledge of acting within the confines and context of “doing”, becomes a consciousness of self-realization.

Self-awareness — that level of consciousness beyond mere recognition of one’s surroundings, but involving a direct acuteness of “being” but simultaneously “being in the world”, is what makes for human uniqueness.

Heidegger tried to describe it through linguistic mechanisms which turned out to be beyond the common realm of understanding or comprehension, and thus became relegated to the esoteric halls of academia.  Sartre and Camus attempted to capture it through fictional depictions, and indeed, it was more the texture of the novel, The Stranger, than the actual words, which came closest to successful conveyance of the experience of the absurd.

For the daily person, medical conditions tend to starkly bring out the reality of the experience.  Medical conditions suddenly reveal one’s vulnerability, and the fragile nature of one’s being.  Mortality becomes a reality beyond mere distance-reflection of some unknown future intent; it becomes the freshness of the now for a being within a body of decay.

For the Federal employee and the U.S. Postal worker who suddenly realizes that life, career, future and the boredom of constancy can be but a moment in time because of an impending medical condition which threatens one’s security and livelihood, 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, becomes a reality of immediacy, precisely because of the urgency of the medical condition upon one’s life and livelihood.

Suddenly, the priority of “being” presents itself.  What one did before the crisis of vulnerability was merely a predictable pantomime; the reality of life and the significance of relationships becomes the true being of living.

Filing for Federal Disability Retirement benefits may seem like a mere act of administrative convenience, but for many, it becomes the avenue of necessity in order to deal with the reality of illness, disability, and medical urgency.  And, as with all aspects of life and being, other predictable pantomimes will become apparent:  the agency’s hostile reaction; the looks of suspicion from others; unfriendly attitudes displayed by coworkers and supervisors; they are all merely actors on a larger stage, but yet to realize that “being” and “being-in-the-world” are one and the same, when tragedies befall and humanity acknowledges the fragile nature of life, like the soft petal from a dying flower which drifts soundlessly upon the earthen dust from which we were born, and to which we return.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Crumbling Walls of Professional Conduct

The aged bemoan of modernity; youth view the present as merely fodder for change and future potential; and caught in between, somewhere in the netherworld of inertia, those inconsequential individuals relegated to the irrelevant category of “middle age”, who must stand by and witness the slow and progressive destruction of the past, the deterioration of cohesiveness of the future, and the present infirmity of impotence.

Medical conditions are funny animals; because they are personal in nature, the revelation of such private matters tends to scare people, because the emergence of such confidential conveyance violates the unspoken walls of professional distance; but for Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact the performance of one or more of the essential elements of one’s positional duties in the Federal sector or the U.S. Postal Service, it is often necessary to provide some component of one’s medical condition in order to ascertain and establish the extent of needed accommodations — for purposes of filing for FMLA, to take needed SL or LWOP, or to counter allegations of misconduct or violation of “leave policy”, etc.

Within the greater context of life, there is a sense there the walls of professional conduct which once protected privacy concerns and acceptable behaviors, are crumbling in modernity.  Anything and everything goes; there is no normative constraint, anymore, because the demarcation between private and professional have disappeared.

The same is true when applied to the administrative process of filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

The entire bureaucratic process engenders privacy concerns because of the sensitive nature of the information which must be submitted.  But those are merely “side issues” which should be placed in their proper perspective; for, in the end, when the final wave of goodbye is motioned, and one has obtained an approval from OPM in order to exit with a Federal Disability Retirement annuity, the crumbling walls of professional conduct as revealed by one’s agency or the U.S. Postal Service will be but a far echo of past misdeeds, as one walks out into the future of a brighter tomorrow.

Sincerely,

Robert R. McGill, Esquire