Federal Employee Disability Retirement: The Argument

You hear about such lives every now and again; of an old man declaring, “Never a raised voice in 50 years of marriage”, or: “We never argued. Bless her (or his) soul”.  Leaving aside the viability of the astounding prefatory remark (i.e., that two people in this day and age could remain together for half a century), one wonders whether selective amnesia plays a significant role in such a statement.

Can it even be possible that two people who have been together for such a lengthy period of time could possible exist without any discernible conflict?  No friction; no irritation; no level of heightened stress such that a raised voice must be expressed.  Or, are they “playing” with the meaning of the word “argue”?

Perhaps there was a disagreement, by any measure of the word; or a dispute; or a failure to agree; but throughout, there may well never have been any untoward unpleasantness.

Does an argument have to be unpleasant in order for it to be an argument?  Or, can two or more people smile, be civil, remain cordial throughout, and simply state their points?  Are all disagreements arguments as well, or are some disagreements merely antithetical statements which never rise to the level of an argument?  Does it matter whether or not a “personal stake” is involved in the matter?  Is that why we often preface a statement with the preemptive strike and motive of avoiding an argument in saying, “No, please don’t take this personally, but … “?

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, if the goal is to live a life where there has never been an argument, then there is likely no point in filing at all.  OPM is there to argue and oppose; consult with an attorney who specializes in Federal Disability Retirement Law, and who has no qualms about arguing your case on your behalf.

Now, as to arguing with one’s spouse — that is a different matter, and this attorney who specializes in Federal Disability Retirement Law has no advice to give concerning such matters, or at the very least, refrains from arguing about the issue.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Benefits: How we fit in

Federal employees who don’t fit

Federal employees who don’t fit

 It is the misfits of whom we scoff at; of the random and discarded puzzle-pieces that seem to never find their proper configuration and therefore are cast aside before the picture is completed; and those square pegs that don’t fit into the round hole — whether, either the pegs must be shaved in order to conform, or the whole must be widened so that the peg can be dropped in; even though they don’t actually fit but remain loosely within the hole, but that’s okay because at least they are no longer seen as “not fitting in”.

In the end, the grind of life fatigues us.

We all conform, despite our initial resistance to such conformity.  The world requires conformity and predictability; and school, well, it is a means of ensuring the mass production of conformed groups who all think alike and behave in parallel fashion.  Every now and then, of course, a creative genius breaks away from the mold of artificial constructs; but in the end, even creative geniuses fall prey to the constant punishments meted out to those who dare to be different.

Federal employees who suffer from a medical condition and who can no longer perform one or more of the essential elements of his or her Federal or Postal job — they are, essentially, misfits within a Federal system that cannot accommodate misfits for long.

Federal Disability Retirement is a pathway out of the mold that dictates how we fit in; it is part of the “system” of dealing with misfits so that you are no longer deemed a disrupting influence upon the smooth flow of the Agency’s “mission” or the Postal Service’s massive mail distribution system.  It is a long and arduous process by which various criteria must be met, and as such, the Federal or Postal employee should consult with an experienced Attorney who specializes in Federal Disability Retirement Law so that the Federal Disability Retirement attorney can guide you into seeing how you will “fit in” — into the system as a Federal Disability Retiree.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Structure and Content

The former provides the form; the latter, the character of the entity.  It is the duality in combination which creates the ability to identify the particular being in an Aristotelian manner — as opposed to the more generalized definition of “Being”.  Without the largest organ of the human body — one’s skin — the “content” of that which separably identifies one individual from another would be lost, and we would all be mere aggregations of various organs not necessarily organized in any coherent way.

Similarly, in any presentation of a written form, it is important to plan the structure and content such that the former allows for coherence and ease of understanding while the latter compels the force of persuasion to impact upon the reader.

In preparing a Federal Disability Retirement application to the U.S. Office of Personnel Management under FERS, it is important to provide both structure and content in order to enhance the chances for an approval at any stage of the process.  For, the Federal or Postal applicant who is preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, one must first recognize that such an application is a “paper presentation” to OPM, and thus does structure and content both matter.

To merely focus upon “content” — i.e., medical records; the words in the Statement of Disability (SF 3112A) is to overlook the persuasive nature of the structure of the application itself.  Conversely, to concentrate too heavily upon the structure of the FERS Disability Retirement application — the forms to be filed; the “checklist” of necessary and required paperwork — is to underestimate the power of content.

The two must be formed [sic] in tandem; and a persuasive and powerful legal memorandum that provides both a roadmap as well as content-filled legal citations is a “must” in every FERS Disability Retirement application, and this should be formulated and prepared by an experienced Federal Disability Retirement Attorney who specializes in, and is fully knowledgeable of, Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement from the OPM: Expectations

What are they?  Is it something that we place upon ourselves, or merely the burden of what others have said?  Are there implied ones as opposed to direct and blunt ones?  Do they scar and damage throughout our lives, based upon the haunting sense of what we believe our parents demanded?  Are expectations the cumulative juncture caught between our own dreams, the demands of parents, and what we believe society considers success or failure?

Do we carry them about without an awareness of their influence, forgotten in the closets of our memories until psychoanalytical triggers suddenly bring them to the fore and where we suddenly blurt out, “Oh, yes, that is where it all comes from!”  And what happens when reality blunders upon expectations and the two conflict within the agony of our lives — do we (or more appropriately put, can we) abandon them and leave them behind in the ash heaps of discarded disappointments?

And when do we become “smart enough” to realize that the old vestiges of expectations need to be reevaluated and prioritized, and not allowed to remain as haunting voices that we no longer remember from whence they came, but remain as unwanted guests within the subconscious purview of our daily existence?

Expectations — we all have them; but of priorities in our lives, we rarely reorganize them in order to meet the present needs of our complex lives.

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 job and position, it may be time to re-prioritize those expectations that one has about one’s career, one’s future, one’s…life.

Expectations can be a positive force — of placing demands that spur one towards heights previously unimaginable; but that which is a positive force can turn upon itself and become a negative influence, especially when the check of reality fails to make one realize that priorities must be reassessed based upon the changing circumstances that life itself brings about.

Filing for Federal Disability Retirement benefits because of one’s deteriorating health may not be what one ever “expected” — but, then, all expectations have always been conditional in the sense that the demands made depended upon circumstances remaining the same.  When circumstances change, expectations must similarly adapt.

Preparing and submitting an effective Federal Disability Retirement application under FERS, through the U.S. Office of Personnel Management, may seem like a lowering of one’s expectations; yet, as it was always conditional upon the state of one’s health, a concomitant alteration of one’s expectations must meet the reality of one’s changed circumstances.

That is the reality of life’s lesson: Prioritize — health, family, career and the changing levels of expectations.

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

 

Filing for Federal Disability Retirement Benefits: Remakes

Some hate them and vow never to view or accept them in any way, being purists at heart and unable to fathom any possibility that improvement can be had upon an old classic; others — the opposite side of the coin — welcome anything new and will relish all updated versions where the old can be replaced by the new.  Still others remain in a somewhat “neutral” frame of mind: Acceptance in the form of saying to one’s self, “Well, any remake is merely a new and different movie; you can’t compare the two because they are different interpretations by different people.”  Or, perhaps a more moderated tonality: “Let’s just give it a chance.”

Can Jeff Bridges be any better than John Wayne as U.S. Marshal Rooster Cogburn?  Can any modern adaptation recapture the magic in Twin Peaks or improve upon its avant-garde approach?  Can there be a “better” Charlie than Diane Keaton in John le Carre’s The Little Drummer Girl — depicting the emotional turmoil of the Middle East conflict through the instability and confusion of a single person?

Modernity thinks that all previous generations have been lacking in something; perhaps it is just arrogance to think that a “remake” can be better than the original, or is it merely a lack of creativity because the “now” is unable to come up with its own original ideas, and therefore must rely upon that which has already been done once — or twice, or three times before — with an effort to “improve” upon it?

To some extent, it is an inevitability of life’s misgivings, and so we all have to “remake” ourselves at some point in our lives.

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, the “remake” that must face is the one that is in real life: Medical conditions force one to remake one’s career, life choices and future plans.

Filing for Federal Disability Retirement benefits may not have been a “scene” in one’s life that was planned, but it has now become a necessity.  The movie reel within one’s life — the viewing of one’s future; how one sees one’s self; the “takes” that one shot of a career and a future — is forced to be remade when a medical condition hits one’s life.

Whether one wanted to or not, preparing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management becomes a necessity when a medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job.  It is like “remaking” one’s life.

Just remember, however, that like all remakes, it is important to have a good “director”, and seeking the counsel of a Federal Disability Retirement Attorney who specializes in Federal Disability Retirement Law is an important feature of the upcoming film adaptation and remake of the truest of moves: One’s Own Life.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Benefits: The Resistance

The initial reaction to such a title is the obvious one: To what?  Of course, Newton’s Third Law of Motion comes immediately to mind — of every action having an equal and opposite reaction; thus, when one posits a “resistance”, the natural query must refer to its opposition, as in, “What is it that we are resisting?”

Throughout our “stages of life”, we either comply, conform, “go along with the crowd” — or resist doing so.  There are “middle” ways, of course, and yet to compromise and resist “half-way”, or in a half-hearted manner, often seems to ruin the whole point of any resistance, doesn’t it?

If one is to be a revolutionary, the point is to be one completely, or not at all.  During the Sixties, there was the famous line (often misattributed to Abbie Hoffman, the Beatles and others) which declared that the movement’s participants would “never trust anyone over 30” — spoken by Jack Weinberg in response to a hostile interviewer.  The underlying point of the statement is quite clear: By the age of 30, most people have “sold out”, conformed, lost their youthful vigor to resist; or, put more simply, accepted the status quo and have become cynical.  Yet, isn’t there a natural inclination to “belong”, to not stand apart from the crowd, and to be able to live a quiet, unassuming life?

“Resistance” can thus have a duality of meanings — it can imply that one is part of a movement involving resistance to the status quo or, even its opposite; that one resists change and is integrally a participant of the status quo.  Resistance to change is the greater dominating force.  Change is a fearsome entity where the unknown is to be avoided at all costs.  To be a part of “the resistance” that refuses to conform — well, that is best left to those under 30, unattached and without obligations and responsibilities.

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, resistance to change is often the factor that procrastinates, and keeps a person in a “muddle of the middle” where conditions deteriorate but one stubbornly insists upon maintaining the status quo.

But as medical conditions deteriorate and as the Federal Agency or the Postal Service persists in seeking change — by forcing the issue and initiating adverse actions in order to fill the position with a person who is able to perform all of the essential elements of the position — resistance to change must be replaced with becoming a part of the resistance: By preparing and submitting an effective Federal Disability Retirement application with OPM and forging ahead into a future yet unknown.

Remember —even Jack Weinberg became a class of individuals that he resisted, and went on to become a consultant and an adjunct faculty member; in other words, he was once in the “Resistance”, then became that opposite and equal force to fulfill Newton’s Third Law of Motion.

Sincerely,

Robert R.McGill,Esquire