OPM Retirement for Mental or Physical Incapacity: The human drama

There are other dramas, of course — of lions and similar predators; of insects beneath leaves dripping in the steam of rainforests deep within the jungles of equatorial regions rarely visited; of dogs chasing cats and cats chasing mice; of rabbits scurrying to avoid the claws of a hawk or an eagle; and then, of the human drama encompassing life, living, pain, sorrow, happiness, joy, hope and failure, all bundled up into communities where strangers walk about with smiles no longer reflecting joy or a frown implying sadness, but just an empty stage echoing from the scene that was acted out the day before.

The human drama is distinct and distinguishable from other species’ discourses of acting that may embrace the spectrum of emotions, for it is played out not merely by facial expressions, roaring of voices or whimpering of cries, but through the medium of language.  Language is the manner in which the drama is played, viewed, acted and depicted; and that makes for all of the difference in the world.  It is, as Shakespeare’s character surmised, as if all the world is a stage where each bit plays his or her part; and it is by language alone that the human drama is played.

What entrance fee is charged; how much we are willing to pay in order to witness the playing out of a specific act or drama unfolding; and in what private living rooms or bedrooms we would select for a premier viewing, we all have our preferences.  What is comprised of in other species’ dramas, perhaps we will never know, and care not about; for it is the peculiarity of the intra-species comity of needs, wants, desires and clung-to hopes for the future that link us all within the drama of the human kind.

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 human drama has been magnified by the pain and anxiety compounded by the medical condition itself — of the daily fight against the pain or inner anguish; of the increasing pressures at work, complicated by threats of adverse actions, placing you or threatening to put you on a PIP; of possible termination looming on the horizon; and all the while, the struggle to maintain your health and equilibrium.

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 an option that should be considered by all Federal and Postal employees who suffer from a medical condition where the medical condition is preventing the Federal or Postal employee from performing all of the essential elements of the Federal or Postal job, to be filed with the U.S. Office of Personnel Management; and however one views the unfolding drama of the next scene or act, consulting with an experienced attorney who specializes in preparing, formulating and filing for Federal Disability Retirement benefits for Federal and Postal employees may be the best way of beginning the next Act of that human drama called “life beyond a Federal or Postal job”.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Cherishing moments

In the end, isn’t that all that we have?  We like to speak in terms of vast, grandiose expanses of time, where we create plans that span a lifetime, or refer to wide swaths of historical periods as if we have any conception at all about time, segments of memories or even of the memories already forgotten.  Old men and women reflect back and regret the time lost; middle-aged people who are caught up in the race to make up for lost time, continue on the treadmill that never seems to lessen; and the young — they just race through it as if there is no tomorrow.

Cherishing moments — how does one do that in a fast-paced world of technological amplification where everything moves at a hare’s pace when the yearning is for the tortoise’s calm?  Life comes at us with a fury and an unrelenting torrent of rain and winds; and when we try and raise the umbrella or walk at an angle to counter the ferociousness, we merely get left behind.

How is it that “memories” become more significant and important in our lives than the actual “living” of an episodic slice of our daily existential encounters?  At what point does one take precedence over the other?  Is there an imbalance of disproportionality that occurs — as in, spending more time “remembering” as opposed to “living”?  Is a person who watches the same move over and over, day after day, any different from the one who constantly daydreams about a moment in his or her life, over and over again, repetitively in a lost morass of memories unrepentantly consumed? What is the proper balance and mixture — somewhat like a recipe for a homemade pie or a birthday cake — between the ingredient of cherishing moments and the reality of daily living?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that 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, the problem with cherishing moments — any moments — is that the impediment of the medical condition itself will not allow for any enjoyment at all, whether of memories remembered or of life to be lived.  That is when you know that there is a disequilibrium that needs to be corrected.

Preparing, formulating and filing 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, may be the first, albeit tentative step, towards attaining a level of normalcy where cherishing moments is a choice to be taken, and not as a regretful nightmare uncontrollable in the restless dreams of a forsaken career.

Sincerely,

Robert R. McGill, Esquire

 

Attorney for OPM Disability Retirement Claims: The gist of it all

When do we want the “gist” of something?  The essence or the “main idea”; or to filter it into the short version, somewhat like the “spark notes” of the thing of which we seek.  Is it appropriate if a student is sitting through a boring lecture and raises his or her hand and asks politely, “I have an activity to attend this afternoon. Can you just give us the gist of what you’re trying to say?”

Or of the greater meaning of life itself — you know, that grand design that everyone is seeking, which is why so many people believe in such things as the “Da Vinci Code” or, more recently, “The Chamberlain Key” — codes to codices that reveal the heart of ancient secrets lost in the trash heaps of history or otherwise forgotten because of wars, famines and changes of the proverbial guards.

Why is it that such “keys” must always be “ancient”, and shrouded in the mystery of “secret societies” who will murder in the dead of night to protect the gist of it all?  How does that reflect upon modernity — that we are too superficial to invent or discover such codes?  Or, is it merely that the cynicism of scientism and the reliance upon the physical universe, the influence of British Logical Positivism and the Age of Science have all subsumed such romanticizing of mysteries beyond the age of reason?

In this fast-paced society where technology surpasses by lightening speed the insular world of secret societies and the unraveling of veiled codices, what we want in the end is the gist of it all — to bypass the tangential details and get to the heart of the matter.  We have little or no time for anything else.

So, 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, what is the gist of it all?  In other words, what is the essence of a Federal Disability Retirement annuity?

Well, to begin with, under FERS (which most people are, as the dinosaur of CSRS or even CSRS Offset have now been relegated to the Pleistocene Era of Federal employment) the Federal or Postal employee must have at least 18 month of Federal Service.  Second, we must be able to prove that a medical condition prevents the Federal or Postal employee from performing at least one, if not more, of the essential elements of the Federal or Postal job.  And third, the medical condition must last a minimum of 12 months.

Now, this latter bit of a requirement is often confused with thinking that a Federal or Postal worker must therefore wait for at least 12 months after the onset of a medical condition before the Federal or Postal employee can file for Federal Disability Retirement benefits.  No, that is not the case — for, most doctors and treating medical professionals can render a prognosis as to the chronicity of the medical condition, and that is all that is needed.

Of course, that is precisely the problem of getting merely the “gist of it all” — because, in the end, the annotated version of an important text, issue or pool of information can rarely be filtered down into a cup that can be gulped with one swallow, but is often an ocean full of undercurrents and dangers consumed with sharks, whales and stingrays — sort of like the metaphor of life itself, only more complex because preparing, formulating and filing an effective Federal Disability Retirement application is a complicated administrative process full of bureaucratic pitfalls that cannot ultimately be confined by the gist of it all.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer for Federal Disability Retirement Claims: Games

How do we learn how to play them?  If we play Game-X, must we follow “all” of the rules ordinarily known and ascribed in order for Game-X to still be recognizable as such, or does it become “Modified Game-X”.

If little Toby plays his first game, but doesn’t know the rules, yet nevertheless realizes that games are “fun” because everyone else is smiling and seemingly excited, does the fact that the kid-who-knows-no-rules plays without knowing the limits and boundaries of the game make him into a participant, or a pariah?  Of course, if he stamps his feet in the middle of the game and declares that he doesn’t like the game, and walks off (even taking with him the proverbial ball), can we declare him to be a poor sport, an okay-sport, or any sport at all if he never knew the rules of the game in the first place and therefore never quite played the “real” game?

How about dogs — do they “play” games?  The dog that chases the ball but doesn’t want to bring it back to the ball-thrower, and instead runs away with it — has he broken the “rules of the game”?  How is it that dogs play games with their masters without ever being able to explain what the parameters of the rules are?

Then, of course, there is the slight modification in the term “games”, as in “games that people play”.  We all know what that means — of being insincere, fake, or otherwise putting on a double-face.  Why is that called a “game”?  Is it because it is not real, and constitutes a copy of “make-believe”, much like playing a game when we all know that it is not reality that is being rehearsed; and yet, isn’t playing a game — any game — just a part of the reality of the world we live in?  Why, then, is life bifurcated between “games” and “reality”, when in fact both are real in the sense that we are living a life of surviving, making a living, etc.?  Yet, we constantly distinguish between “playing” and “living”, as if there is a difference to be identified.

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 any longer performing all of the essential elements of the Federal or Postal worker’s job, career or craft, the preparations needed to come to a point of realizing that an effective Federal Disability Retirement application must be filed, often requires a recognition that the proverbial “game” is “up”.

Whether the Supervisors and Managers at the Federal Agency or the Postal Facility are up to their usual “games” or not — of harassment, derisive comments, making your life “hell” by increasing the levels of pressure or stress, is really besides the point.  What matters is that life itself is not a “game” at all, and those who separate games from the daily living activities don’t really “get it”.

Medical conditions bring to the forefront the reality of living, and the harshness of how people treat other people.  Yes, preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may seem like just one of those other “games” that have to be “played” — but the reality is that an effective OPM Disability Retirement application is a necessary part of life’s many facets of games and reality-based endeavors, such that the “rules of the game” always need to be consulted in order to “play” it well, and thus the first step is to learn the rules by consulting with an attorney who can advise on the rules themselves.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: The realization

In most cases, it is not as dramatic a moment as we all tend to think; it is rarely “The X”, as in the penultimate juncture of enlightenment where the “The” is prefatory to the noun, as opposed to a more general article such as, “A realization” — meaning, one among others, or just another one amidst many.

Most such moments are not “Aha” ones, where there is a sudden and profound revelation, like the proverbial Road to Damascus experience or the Gestalt shift in thinking.  Instead, the realization of X is more often than not subtle, incremental and a slow progression towards an acknowledgment, observable and quantifiable over a period of many months or years.  Whether we make it into a momentous period, a critical juncture in our lives, or as one of many tokens of change often depends upon how we view each segment that results in a modification of a life judged in its totality.

Aristotle’s belief is that a person’s life cannot be fully evaluated until much later in life.  Indeed, what do we make about a person’s career, reputation and overall “life” when a critical mistake is made at the beginning — say, in the early years of youth when one is more susceptible to the vicissitudes of emotional upheavals and pursuance of desires without thought?  Or, of the fool who, in old age, does something similarly rash?  Do we make an evaluation at the eulogy and excuse the one bad bit?

Something like, “Now, we all knew X.  He was a great man.  He had, of course, that one incident, but …”.  Is it better to have the negative incident occur early in life so that you can rectify and redeem for the remainder?  Or, is it more acceptable and palatable to live an exemplary life, then commit an error in later life so that you can excuse it as the “folly of age”?

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 the Federal or Postal employee’s job and duties, “the realization” that something has to change will mostly come about over a period of time — incrementally, perhaps even subtly, and then one day there is a determination that has to be made that priorities of life need to be reordered and modifications to a life of struggle necessitates modifications.

Filing a Federal Disability Retirement application, submitted to the U.S. Office of Personnel Management, is the necessary next step after such a realization.  Preparing, formulating and filing an effective OPM Disability Retirement application is the natural course of events once the Federal or Postal employee recognizes that change must occur.

Consulting with an experienced attorney who specializes in Federal Disability Retirement Law is also a good next step — for that points to the realization that not all things in the universe are known, and some things may need some further guidance in pursuit of a gargantuan effort required to go up against a behemoth of a bureaucracy — OPM.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Sorrow behind the facade

How do we know a person’s sorrow?  Of other emotions, we question and retain suspicions, but why is sorrow placed on a separate plane, untouchable and abandoned as sincere despite warranted evidence to the contrary?  Of love, we question constantly — as to sincerity, whether fidelity has been maintained and preserved; of joy or happiness, daily do we self-analyze and evaluate; but of sorrow — once the tears pour forth upon the event learned and considered, there are few who doubt for fear of being tarred as the cynic who had no feelings or remorse.

There are instances — of an unnamed president who purportedly was seen joking and laughing on his way to the funeral, but suddenly turned dour and despondent in facial expression once recognition was noted of cameras filming and spectators observing; or perhaps there are relatives who are known to have hated a deceased kin, but arrived at the funeral out of obligation and duty; of those, do we suspect a less-than-genuine sorrow?  Is it because sorrow must by necessity be attached to an event — of a death, an illness, an accident, or some other tragedy that we consider must necessarily provoke the emotional turmoil that sorrow denotes?  But then, how do we explain the other emotions that are suspected of retaining a facade and a reality beneath — again, of love and happiness?

Medical conditions, especially for Federal employees and U.S. Postal workers, are somewhat like the sorrow behind the facade.  Few will openly question it — whether because to do so is simply impolite or impolitic — but some will suspect as to its validity, especially when self-interest is at stake.  The declaration, “Is there a malingerer within our midst?” will never be openly spoken.  For, what is the evidence — excessive use of SL, AL or LWOP; frequent doctor’s appointments; inability to maintain the level of productivity previously known for; lack of focus and concentration at meetings; inability to meet deadlines, etc.

For others, these are harbingers of irritants that delay and impact the agency as a whole; for the Federal employee or Postal worker suffering from the medical condition, they are the symptoms and signs beneath the brave facade that is maintained, in order to hide the severity of the medical condition in a valiant effort to extend one’s career.  There comes a time, however, when the reality of the medical condition catches up to the hidden truth beneath the facade, and once that point is reached, it is 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.

In like manner, the sorrow behind the facade is similar to the medical condition in and around the Federal agency or the U.S. Postal Service — both may be real, but it is the “proving” of it before OPM that is the hard part.

Sincerely,

Robert R. McGill, Esquire