Federal Disability Retirement Claims: Being another

When you read that some actor, writer, politician or commentator (dare we ask why, in a single sentence, all of them have been lumped side by side) says X or does Y, we often allow our own ego as the “one-upsmanship” to overtake us, and we imagine that, if we were there, we would have said “XX” instead of “X”, or done “YY” instead of the mere “Y”.

At the moment, though we rarely recognize the egocentric reality of what we are doing, we actually “become” that actor, that writer, that politician or that commentator, and assume the role and identity of the person we have replaced in our mind’s eye.  Insanity, of course, comes about when a further step is taken — of believing not what we “would” have done or said, but incontrovertibly becoming that someone whom we are not.

The quantity of time expended within the insularity of our lives is astounding; and the personal — albeit creative and imaginative — excursions into another type of virtual reality consumes a greater part of each day, every hour and multiple minutes of our disjointed lives.  Perhaps this occurs in a quick flash of a stream of passing thoughts; or a long, enduring daydream that recurs through the day, the week, and over a month’s time; but of whatever duration, being another is something that we all do, and always at the expense one’s own ego and those who are close to us.

Being another also occurs in hopeful encounters with our own circumstances.  We imagine that we are ourselves, but also another who is simultaneously identical and yet different.  That is what a medical condition does — it divides the reality of who we are today from the memory of who we were yesterday, and further projects a person of what will become of us in the future, near or far.  Often, emotions become entangled in the images of who we are, and so regret pervades the past, anxiety overwhelms the present, and fear pursues the future.

Medical conditions tend to inject a factor that we have no control over, and it is that loss of control, combined with who we see ourselves as, and who we would rather be or become, that presents a dilemma: As circumstances change, can we continue to remain who we are and allow for being another — the “other” being the person who we once were — to continue as if such changes of circumstances never occurred?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition has “changed” a person to the extent that he or she is now “another” — someone not quite dissimilar to yesterday’s you but also not identical to today’s yesterday of the person we just met — because of circumstances beyond one’s control, it may be time to do that which only another in a different time and distinguishing context may have contemplated: file 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 reality is that we are never the same as who we were yesterday, and last year’s child of imaginative “being another” has grown into the “other” that was once imagined.

In the end, the essence of who we are will not have changed because of a medical condition, and what we do in life beyond filing for and obtaining a Federal Disability Retirement is more important than feeling self-pity for not having fulfilled one’s desire for being another, who was yesterday’s another in a different role from today’s another or tomorrow’s another.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation Federal Disability Retirement: Struggles

It is a law of life, is it not?  To struggle; to always have to thrash about just to survive, whether in the world of employment, the world of self-control, the universe of just maintaining a semblance of sanity within a greater complex of madness we face each day?

And, indeed, that is the basis of most philosophical systems that have been posited – from the Ancients who posited permanence as opposed to constant flux (Parmenides and Heraclitus); of the tension between Forms and the world of appearances; of the universe of perspectives empowered between one’s spatial imposition of human categories as opposed to an objective reality that one can never reach (Kant); or merely reducing all philosophical problems to one of linguistic inconvenience (the British Empiricists); and on and on, the struggle to learn, to maintain, to survive.

Life is a constant struggle, and when once peace is attained, we then die, or at least retire to an old person’s home for the forgotten and the ignored.  Even the fairytales we read to our children begin with the struggle, then end with a world of make-believe; only, those types of endings don’t occur in “real life”, and so we have to explain to our children when they get older that, well…heh, heh, heh…it was all a lie – that, unlike the stories told, mom and I hate to tell you this, but the struggles in life never end.  There is no “happily-ever-after” after all.

Then, life brings about a medical condition – those pesky irritants that hopefully can be controlled or maintained with a pill or a stiff drink, but otherwise an indicator that either we are growing old or something in our bodies are trying to forewarn us of the future.  Then, the medical condition begins to magnify, exacerbate, and turn into that state of being “chronic”, and slowly, it begins to deteriorate and progressively impact how we feel, who we are, and what we can do.

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 employee from performing one or more of the essential elements of the Federal or Postal job, the recognition that life is a constancy of struggles is nothing new; but, what is new is the realization that such a struggle now can become worsened by entering into arenas previously held inviolable – of work and the productivity that was once taken for granted.

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, is not a surrender to that constant struggle, but merely a change of direction and planning.  We all know that life is a constant struggle; sometimes, the struggle must be circumvented by moving onto the next phase of an ever-struggling life, and preparing, formulating and filing an effective Federal Disability Retirement application to be filed with OPM is that next phase of the constant struggle.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Pension: In between preparations for vanishing

The Biblical reference is where John the Baptist declared that his role in the historical narrative would naturally diminish by relevance in order for the primary character to loom large upon a world in need of a coming savior.  Each of us strive daily to accomplish, achieve and advance (ah, the 3 “A’s” might be the title of the next New York Times Bestseller on the mass marketing list of self-help books); that is the natural inclination from birth to death – or, at the very least, until one has expended and exhausted the reservoir of stamina each retains for the daily battle of life itself.

What we fail to recognize is that, as another book of wisdom in an age prior to the declaration of a coming earthquake that would split the earth and crack the old barrels of fermenting wine (figuratively stated) pointed out, there is a time, a season and the proper context when certain acts should be considered (paraphrasing here), and prominent among them the capacity to recognize the appropriate time to begin paring back, preparing to recede and allow for the next generation to take its successive position of assertive presence.

Do we embrace the in between preparations for vanishing, or do we fight against it because that is what we have done all throughout our lives?

It is important, for instance, to apply the principle of eventual vanishing when one becomes a parent, in order to foster the self-confidence of a son or daughter; to slowly, incrementally and seemingly naturally allow for the opinions and views of the younger ones to grow in stature, relevance and significance, such that when adulthood is reached, the lowering of the parent’s perspective becomes equal to the rising of the child’s self-image.

At that point, when the balance between childhood and esteem for one’s parents meets in the middle upon a spectrum of wide variance, parent and child can become co-equals of a sort, and “friends” as much as a parent and child can be.  In order to achieve that goal, however, it is necessary to engage in “in between” preparations for vanishing – not to totally obliterate the relevance of one’s historical accomplishments, but to incrementally diminish in magnification and presence.

Fighting against the need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is often based upon the lack of recognition that in between preparations for vanishing is a natural and necessary part, at a certain stage in life, during a particular season of one’s career, and when the time necessitates.  Yes, the Federal career and the Postal work provided a sense of identity and granted a purpose, focus and compelling force during the productive career – but now, the season has changed, the context has altered and the time has ripened in another direction.

It is time to engage the in between preparations for vanishing – not to totally disappear, but to diminish, such that when a Federal Disability Retirement is attained, the next stage of one’s life can be opened for that which we term the greater adventure of life.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employee Disability Retirement: The frog and the twig

Upon first encounter, the two appear not to have any correspondence or connection, leaving aside any explanatory significance to the issues of Federal Disability Retirement benefits for Federal employees or U.S. Postal workers.  Yet, it is always of interest to show how the “relatedness” of seemingly disparate concerns intermingle and intersect with each other.  The fact is, whether in a direct and non-subtle manner, or in some transcendent metaphorical context, Federal and Postal employees, whether under FERS, CSRS or CSRS Offset who find themselves at a point in their careers where filing for Federal Disability Retirement benefits becomes a necessity, constitutes a reflective representation of much of life’s challenges.

Loss of hope for the future; struggling with day-to-day work and family issues; contending with a medical condition; caring for one’s career and workforce, yet, being forced to make a decision contrary to the linear perspective of what is “supposed” to happen – of work, career, retirement and mandatory shuttling into a nursing home, then a tombstone with some etching of memorialized compassion.  The latter two (nursing home and tombstone) are stated in somewhat of a cynical humor, but the others comprise the core of real life in real time.

Of the frog, we know that experimentation reveals the effectiveness of methodical, incremental insidiousness where, placed in a pot of tepid water, it will sit unknowingly until the boiling point is reached, and it becomes too late to jump out.  Life has a tendency to do that to us – we wait and wait, and suddenly it becomes an emergency.

Fortunately for Federal and Postal employees who need to file for Federal Disability Retirement benefits, it is rare that the emergency situation is so dire as to undermine the capacity and ability to file an effective Federal Disability Retirement application, but nevertheless, one should always be wary of the metaphorical significance of the frog.  It is one of those “life-lessons” which should be considered.  Of the twig, it is perhaps a little less obvious as both metaphor and analogy.

Once a part of a greater organic whole, it splintered off and fell into the rushing waters of the river below, and drifts aimlessly down, coursing around jutting rocks and undisturbed banks of clay.  Slowly, incrementally, and just as insidiously as the frog in the pot of water, the underside of the decaying twig begins to soak in the waters which allow it to remain afloat, until sometime later, the absorbing principle reaches a point where weight of intake exceeds the capacity to remain buoyant.

That is where the connection appears, between twig and life; where unforeseen burdens weigh down the individual until one day, unknowingly, like the frog and the boiling point of unobserved conditions, nature suddenly overtakes and dominates. And so, from the time when the twig separated from the greater overhang of a vibrant life, the vicissitudes of a raging stream which carried forth the rudderless twig, pushing it to and fro and about without direction, sinks to the bottom of a silt-filled bed, until it, too, decays and becomes again part of a greater circularity of life’s regeneration.

It is with these two in mind that the Federal employee and U.S. Postal worker needs to approach a 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: both the frog and the twig represent a potential condition which we believe we are too smart for, but of which we find ourselves too often quite closely related to.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: Terms

Language is a malleable vehicle.  There have been times in the history of language, when the staid and stodginess period of loss of vibrancy became the rule, followed by epochs of radical vicissitudes, upheavals and counter-conventional revolutions in the medium of language games.  Whether this encapsulated slice of linguistic alteration, upending traditional forms of communication because of electronic media and the hype of language abbreviated by Twitter, Texting and Tablet Titillations, will last the short life of technological innovation and obsolescence, is yet to be determined.

For example, the time of Shakespeare’s linguistic explosion of experimentation and expansive usage became in retrospect a richness of entering into connotative language meanings from which we benefit to this day.  But steadiness, continuity and conditions of stability are also important in order to take the proverbial breather to accept, embrace and assimilate (a term widely used for contextual purposes in modernity applied to immigration reform, as well) the linguistic revolutions that become incommensurate with meaning, communication and conveyance of terms.

Terms are important, both in common usage and in technical application.  In the arena of Federal Disability Retirement Law, different words are splayed about, sometimes without regard to proper application, especially when the “law” often requires a greater attention to precision of meaning.  Some simple and common crossovers of linguistic confusion involve:  “medical retirement” and “disability retirement” – do they mean the same thing?

If reference to either term involves the submission for an early retirement to the U.S. Office of Personnel Management, then the answer is “yes”, they do mean the same thing.  Federal Disability  Retirement is identical to “Federal medical retirement” if by such words the query is referring to filing for an early retirement based upon the Federal or Postal worker’s inability to perform one or more of the essential elements of one’s Federal or Postal position, and therefore the intention is to access an early annuity because of one’s early retirement based upon the medical condition, and submitted to the U.S. Office of Personnel Management.

Some other terms often confused or conflated:  “On-the-job injury” or “pre-existing condition”; these terms are often used in the language-arena of Worker’s Compensation issues, and rarely have any import – or applicability, at all – in the context of a Federal Disability Retirement application.  For, in a Federal Disability Retirement application, whether the applicant is under FERS, CSRS or CSRS Offset, it matters not whether or not one has been disabled “on the job” or away at a skiing accident; instead, what is important is the impact of the injury or disease upon one’s ability and capacity to perform the essential elements of one’s Federal or Postal position.  As for a “pre-existing” condition – that, too, is more likely appropriately defined in an OWCP context, and rarely in filing a Federal Disability Retirement application.

In any event, “terms” are meant to be used within a context-appropriate content of filings, and in preparing, formulating and filing an effective Federal Disability Retirement application, it is important to clarify and conform to the applicable statutory mandates in defining and using the terms which are most appropriate and effective.

For, in the end, the explosion of language during the era of Shakespeare and the Elizabethan Age reverberates with critical linguistic richness to this day; yet, if we were to have a conversation with a bloke from that era, the terms employed would not only confuse us, but confound us with a profound sense of despairing lack of cogency despite our self-aggrandizing declarations of superiority and advancement in the modern parlance of greater self-esteem.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement Law: The Carousels of Summer

The mounts littered throughout the roundabout can be diverse and captivating; in the swirl of the rotating platform, the child in us wants to sit upon every creature, from unicorns to zebras, the traditional horse and the mythological creatures of one’s limitless imagination.

As we grow older, we come to realize that the spinning sensation itself remains static; the difference between climbing into the bosom of one creature as opposed to another, is indistinct and ultimately irrelevant; when one’s childlike imagination and excitement wrought in ignorance of the cruel world becomes extinguished, the fun of being naive and clueless is no longer an option.  Cynicism comes with maturity; the older we get, the less likely are we to allow ourselves to travel into the realm of the unreal.  Life tends to do that to us.

The road of hard knocks is littered with tales of turmoil and turbulence; storms come and go, and while the devastation left behind can be somewhat repaired, the psyche and soul of damaged people can rarely be glued back together, as fragile porcelain leaving behind fissures wide and gaping as the childlike wonderment we once knew.

Federal and Postal employees know the experiences of life:  the internal battles, the power struggles and the herd-like mentality of agencies and departments.  Then, when a medical condition hits, and the Federal or Postal employee is no longer the golden-boy of past cliques, one is cast aside like the child who is left outside of the teams picked in linear sequence, until the silence of being ignored becomes a reality as shame and embarrassment shouts in muted suffering.  Sometimes, the wisest move is to move on.

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 the best and only option remaining.  To attempt to stay is like the biblical admonition of “kicking against the goads“; to walk away and do nothing is merely to spite one’s self; and so the Federal or Postal employee who has a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s positional duties, should always opt for the best remaining alternative.

To prepare, formulate and file for Federal Disability Retirement benefits through OPM is ultimately not an admission of defeat.  Rather, it is to enliven that imagination once grasped, but since forgotten; of the child who discovered that changing from the seat of a dragon on a carousel to the bosom of a resplendent unicorn makes all the difference not in the change itself, but within the comfort of the limitless imagination of one’s mind.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Attorney: The Cauldron of One’s Past

The oversized iron pot hangs over the open fire, and the gurgling of ingredients steams and burps the lid in predictable sequences of rhythmic timing; the aroma is an admixture of sweet and mysterious combinations of one knows-not-what; perhaps of bones, marrow and herbs, here a whiff of something which touches upon the dark recesses of one’s memory, and there a hint of harboring horrors, reminding us of past deeds and loathsome reminiscences.

The figure who stands hunched over the source of pervading uprisings, is covered in a dark shawl; a bony hand gripping the large wooden ladle, mixing, turning, crouching over to sniff and taste; and from the chasm of the figure’s hollow mouth, toothless and echoing a chamber of snorting chafes, the sigh of satisfaction emits, as the cauldron of one’s past is ready to be served.  And so the story goes.

Who among us would want the fullness of one’s past and history of deeds to be revealed?  What pot would hold the full taste of one’s misdeeds, private concerns and actions engaged?

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits, the process itself sometimes feels like one is forced to partake of a witch’s brew — who will be in the mix?  What private information will have to be revealed?  When will the pot of information be ready?  Who will mix the ingredients?  The mysteries contained within the mixture of the witch’s brew is indeed terrifying.  Every process which is unknown and, moreover, unknowable, is one fraught with concerns and trepidation of purpose.

For Federal and Postal employees under FERS, CSRS or CSRS Offset, the decision to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is like the witch’s cauldron — it must bring to the fore one’s current circumstances (the medical condition), the impact upon the future (finances, future job prospects, etc.), and potentially the confrontation with one’s past (agencies love to do that).

The key is to understand the complexities of the administrative process, and to maneuver through the bureaucracy of the witch’s brew.  In doing that, one must always be cognizant of the cauldron of one’s past, and keep out of the reach and grasp of those bony fingers which reach out to encircle one’s throat, lest you become an ingredient in the admixture of the skeletons found at the bottom of the pot.

Sincerely,

Robert R. McGill, Esquire