Federal Disability Retirement: Beyond the apex

Few of us want to think of ourselves as past that point.  For, the “apex” is the top of it all; it is the place which is reached, and then there follows a downward trajectory such that what had been reached cannot be repeated; and from there forward, there are only memories, regrets, and echoes of past glories stated in hollow monotones that betray and failures of lives lived.

Mountain climbers persist in reaching new ones; it is the ever-pervasive “high” of the challenge faced, to be able to conquer new heights and reach for cliff faces never before overcome.  To try and reach the apex is to constantly grow; to have reached the apex, a completed task; and to have gone beyond the apex — the direction can only be of degradation in comparison to what was before.

We — none of us — want to think of our lives as in the past, or of slow and steady deterioration.  While our bodies become decrepit, we cling to an image of ourselves as being…25, 30, perhaps a little older?  Or even of immortality do we embrace; and of trading in secret pacts in order to retain our youth. Medical conditions tend to be reminders that the apex has been reached and we are on a journey beyond — though we often fail to realize that the “beyond” can be just as rewarding as the climb before.

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 will often “feel” as if such a move means that you are now beyond the apex — a “has been”, a “failure”, a person who is no longer a member of “the team”, etc.

Yet — though your Federal career or Postal job may become something in the past, beyond the apex should be seen not as the end of something, but the beginning of the next phase of your life.  Yes, beyond the apex is often a frightening thought, but it is also an opportunity to refocus and reorient your life upon the priorities that matter: Health, relationships, and what all of those politicians say when they leave office: In order to spend more time with my family.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Preparing for the unknown

How does one prepare for the unknown?  If the very basis of preparation is to prepare for something, how can you then engage in that activity if X is an anomaly, a conundrum, a mystery yet to be uncovered and revealed such that the prior stage of preparing for it can be accomplished?  Is there a necessity for the pre-preparation stage?  Does one have to prepare in order to prepare to perform the actual act of engaging the substance of that which must be prepared for?

Certainly, learning about a subject — reading, researching, analyzing and evaluating — prior to performing acts which constitute “preparation” is an important component, but how many people have time to do such things?

Nowadays, if a person is asked whether they can “do X”, we just whip out our Smartphone, Google it and watch a You-Tube video and declare, “Yeah, I can do that.”  Is that what self-appointed lawyers do, these days — winging it by quickly reading some summarization of an article, then head into court and stand before a judge and make motions, argue cases, etc.?

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, preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management may well become a necessity.

It is the “preparing” part of the entire process which may be the lynchpin of success or failure.  Yes, you can read various articles (including this writer’s many pointers, legal articles and the like), but always understand that each case is unique — as is yours — and legal guidance based upon the individual circumstances of a particular case is very important in preparing for the unknown.

The “unknown” is the Federal Disability Retirement process, the administrative venue and the bureaucratic morass that encompasses the entirety of Federal Disability Retirement Law, and while no lawyer should contend that he or she knows “everything” about a subject, an experienced lawyer can certainly provide for valuable “pre-preparation”, as well as the preparation and the substantive work on formulating and finalizing that which is yet unknown, but ready to be revealed, uncovered, and refined into a Federal Disability Retirement application that stands a good chance of challenging the unknown.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Conditions of Necessity

What are the conditions that make for necessity?  At what point do we judge that an action, a set of utterances or a demand of this or that is “necessary’?  What constitutes the conditions for necessity and are they different for different people?

In other words, is there a tolerance level for Person-X that is distinguishable and qualitatively identifiable than from Individual-Y, such that what creates a condition for necessity for X may make for a yawning indifference for Y?  Do some marriages last longer — in accordance with the vows of fidelity and honoring — because of tolerance by one spouse or the other?  Are there criteria and principles that override, somewhat like what George Harrison’s wife once said in an interview that the key to a long marriage is “not getting a divorce” — meaning, no matter the extent of infidelities or breach of marital vows, if you simply tolerate all such violations, then the conditions of necessity will never arise?

Is that what happens to Federal employees and U.S. Postal workers who continue to remain silent, slowly dying a quiet death because of a medical condition that few know about, fewer still would even notice, and almost no one cares a twit about?  Do they continue to kill themselves quietly, pushing themselves through the pain and agony of a medical condition, and denying that the conditions of necessity have risen to a level where tolerance isn’t even a question, anymore?

Conditions of necessity — at what point do they rise to a level where it becomes unavoidable that filing for Federal Disability Retirement benefits has been reached and tolerating the symptoms of one’s medical conditions is no longer endurable?

Filing for FERS Disability Retirement benefits through the U.S. Office of Personnel Management is a long and complex administrative process, and when the conditions for necessity arise to a level where it becomes critical, it is a good idea to consult with an attorney who specializes in Federal Disability Retirement Law, lest the conditions of necessity become further complicated such that the bureaucratic morass of a Federal OPM Disability Retirement application becomes further entrenched in the intolerable conditions of necessity.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from the Office of Personnel Management: How is it?

How is it that the world became the way it is without our knowing it?  How is it that the rules were already in place, the lands already divided, the waters already polluted, the debt already ballooning, the inventions already made — how did that come about, and who told us the history of the “what”, “when” and “where” of the past?  Can a society long endure while ignoring the past of how it developed and came into being?  And who gets to tell the tale of who we are, how we came to be, and why we are the way we are?

Berkeley’s epistemological approach was to confine knowledge to that which we can perceive, thereby attempting to limit the problems inherent in Being, Truth and Reality.  Like so many of the British Empiricists, philosophy was being reduced to mere “language” difficulties and, indeed, history itself may bear out their “rightness” in this question and problematic approach.  There is, of course, a quiet revolution going on about our past, our history, and the telling of who we are.  That is always a good thing, so long as “Truth” is the end-goal of such an endeavor.

But when Truth itself has become relativized as mere language games malleable in the hands for greater artificial intelligence, and where algorithms rule instead of human input which confines it within stated ethical boundaries (and even that is questionable, given the underlying motives and intent of human beings generally), then perhaps Wittgenstein was right after all; it is all a matter of who sees the “truth”, who gets to “tell” it, and who maintains the Tower of Babel in this universe of increasingly unfettered liberty.

In the end, the “how” of the world will forever be revised as perspectives, opinions and viewpoints change; but it is the “who” that controls the lifestream of information and historical data as to what is important; and in this Orwellian world where the glut of information has relativized all truths, we care less about the “how” than the “who”, anymore.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition now impacts the Federal or Postal worker’s ability and capacity to perform one or more of the essential elements of one’s position, the history — or the “how — is important in preparing and formulating one’s Statement of Disability as posited on SF 3112A.  However, remember that all historical contexts must be provided in streamlined form; for, causality is not an issue in a Federal Disability Retirement application (whereas, in OWCP cases, it almost always is), and thus undue focus upon the “how” can detract from an effective Statement of Disability as reflected on SF 3112A.

The world around us may be concerned with the “How” of a question; for an OPM Disability Retirement case, it is the more current “what” that is the necessary focus of articulation.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits under FERS: Who we are

That is a rather presumptuous title, one might declare; for, it is always the “we” that others presume to know, as opposed to limiting the declarative within the restrictive confines of one’s self, family and surrounding community.

What is the great equalizer that allows for the collective plural pronoun?  Is it television (i.e., do “we” all watch the same shows and thus form a conglomerate of a universal consciousness)?  There was once a time when one could argue that a unity of convention existed — especially harkening back to the days when there were essentially 3 networks to choose from, and where all three were similar in content, thought and approach.

In modernity, is it the Internet?  But the worldwide “web’ is too diverse to narrowly formulate a cumulative effect of similar normative beliefs.

Perhaps that is why society in general is so diverse and fractured; where even a simple consensus amidst a small community cannot be reached, and how geographic differences have become exponentially and irreversibly altered and separated from one another.

Who are we?  Yes, the inversion substitution of the second word with the third makes the declarative into a query, and changes the entire subject matter.  It is, perhaps, both a statement and a question, and neither make sense, anymore.  And so we are left with a singular voice — of a monologue and an aside, or as in a play, a soliloquy, where the character asks the universal question, Who am I?  Am I the collective consciousness of my direct descendent, and does that have meaningfulness, anymore?  Why do we seek answers by purchasing and sending away “DNA kits”, as if the spiral spectrum of cellular anomalies would be able to answer the question which haunts us 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 potential loss of one’s identity within the community of Federal and Postal workers is often the step that is difficult to take.

One’s identity, purpose, drive and dreams are often bundled up into an inseparable conglomeration of work and identity, and to separate from that self-identification is often a difficult venture to undertake.  But the danger, of course, is that you may be forcibly separated if you do not take the steps necessary to protect your identity.

The Agency will ultimately terminate you, and the harassment because you have taken too much Sick Leave, Annual Leave, FMLA or LWOP is inevitable.  Better that you file for FERS Disability Retirement benefits and retain a semblance of who you are, lest the Federal Agency or the Postal Service does that to you unilaterally, leaving you with the question, Who do they think they are?

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from the OPM: That bright star

We remember learning about the various constellations; and, these days, we are merely one “Google-away” from identifying that morning point of light that seems to shine so bright just over the horizon, and has moved since you first noticed it the evening before. Google ruins everything.  There was a time when discussions would last long into the night because memories failed us — who was that actor in Movie-such-and-such; what was the last line in so-and-so play; and what was the name of the character in that blah-blah television series?

We no longer need to remember; poems no longer require reciting from memory; facts and dates are accessible with the click of a button; arguments and discussions no longer are required because they can all be looked up at Wikipedia.

Yet, in the objective world, or in that universe where Kant bifurcated the subjective from the inaccessible objective universe, that bright star continues to shine, and no matter what Google says or Wikipedia posits, the mystery of time, the external universe and the fact that the bright star shining may already have disappeared eons ago and the idea that what we see is merely the residual aftereffects just reaching one’s pupils within an universe that fails to betray such mysteries of eternity, we can still enjoy the quietude of a pinhole of light within the darkness that surrounds.

And then there is the singular existence of a human being staring at that bright star in the morning silence even before the first bark of the neighborhood stirring.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent one’s ability or capacity to perform one’s Federal or Postal job, it is often that “feeling” one has in staring at the bright star — alone, isolated and apart from the rest of the universe — that makes one fearful of the world beyond.

Federal Agencies and the Postal Service tend to make the Federal or Postal employee feel isolated and alone when a medical condition begins to impact one’s life.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management under FERS can seem like a lonely prospect — somewhat akin to the feeling one gets when standing outside looking at that bright star.  That is why consulting with an Attorney who Specializes in Federal OPM Disability Retirement Law is an important step in pursing the benefit of Federal Disability Retirement: To know that the bright star is there, and that we are not alone to counter the troubles of this world.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits under FERS: The isolation

Generally, we accept the statement that Man is a “social” animal, and by that we mean that he or she prefers, all factors considered, to live in communities and interact voluntarily with others, as opposed to living in isolation, apart and separate.  That we congregate in bunches of aggregate intercourses is not uncommon; that we enjoy the company and camaraderie of social discourse is considered “normal”; but on the other hand, that we like to be alone at times is also not disputed.

There are those who cannot stand being alone; others who must always be in the company of someone; of still many who fear being alone in life, and desperately cling to partners who one neither deserves nor should solicit for the sake of one’s own well-being.  For, in the end, even the loner was born into the communal world; that he or she decided to betray the conventions of society and isolate himself is not an argument for normalcy of being.

It is, in the end, the isolation that is most daunting; of being targeted and separated and placed into a proverbial-type of sequestration or solitary confinement.

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 concept of “isolation” is not a new one.  Whether because the Federal or Postal employee feels isolated because he or she cannot tell anyone about the medical condition or, having told about it, the Federal or Postal employee is deliberately being isolated because of the medical condition, matters little.  Both result in the same consequences.

The “targeted” employee; the one who is no longer “part of the team”; the one who has dared ask for an accommodation; the one who is no longer invited to meetings or in the general sharing of information; the isolated Federal or Postal employee needs to file for Federal Disability Retirement benefits through OPM, lest the isolation results in the continued harassment and ultimately ends in a termination.

Sincerely,

Robert R. McGill, Esquire