Tag Archives: opm harassment and workplace intimidation creating anxiety

OPM Disability Retirement under FERS: Is It Enough?

That is always the question, isn’t it?  Especially, these days, when there are so many options, so many avenues, so many ways to get off of the proverbial path and become a wayward nonconformist.

Is love enough to last a lifetime?  Is a sense of obligation enough to be committed for the agreed-upon enmeshment?  Is religious fervor enough to maintain one’s faith even in the face of secularism’s hedonistic pull?  Is pleasure enough to sustain one’s sense of wanting to exist?  Is duty enough to compel a soldier to sacrifice for his country?  Is life enough to sustain?

That was the ultimate question for French existentialism, especially as delineated in Camus’ set of essays, beginning with the Myth of Sisyphus.  What is “enough”?  How can it be quantified?  Underlying it all, isn’t the ultimate question beyond whether something is “enough”, actually an irrelevant question?

For, as Aristotle would put it (and in this Post-Factual World, where Aristotle and Plato are no longer read, and thus, no longer relevant), we must go back to the basics, to the “foundational principles” underlying our belief systems: What is meaningful in our lives?

When there is a void in meaningfulness, hedonism fills that emptiness.  That is why teenagers turn to drugs; that is why adults succumb to alcohol; and that is why, when ISIS came into existence, and when the war in Ukraine began, thousands of Americans flocked to join in the “cause” — because, when the void of meaninglessness pervades, people jump to join anything and everything which becomes the cult of relevance.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows you to continue in that career of choice — the work which gave “meaning” to your life — it is important to recognize that, indeed, there is “life after a Federal career”.  Likely, you may be somewhat saddened by the fact that your Federal or Postal career is over.  However, beyond your career, there is no meaning to life without your health.

And yes, there actually is “life after getting a Federal Disability Retirement” — and there abounds countless testimonials which attest to the fact that it is, indeed, “enough” to get a FERS Disability Retirement annuity, focus upon your health, then go into some other line of work in the private or state sector.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

FERS Medical Disability Retirement: The Domino Theory

It was a theory adopted during the Cold War — embraced by those brilliant Harvard-educated policy wonks in the Kennedy Administration and beyond — believing that if one nation succumbed to the evils of communism, others would quickly fall like a perfectly aligned row of dominos.

A theory is perfectly fine to have; once applied in practice, however, it can have devastating consequences.  It was based upon such a theory that Vietnam was fought for — a backward country full of jungles and malaria, of which few Americans were even aware of its existence until thousands — then, tens of thousands — of young men began to die there.

Like other theories which once were embraced by intellectuals and “experts” whom everyone accepted as smarter than everyone else, such beliefs and those who once held them are now merely leftover vestiges of historical follies.  Once Vietnam fell, the rest of the world did not fall like the dominos they were supposed to represent.

We tend to forget that a theory is merely a thought put together in an antiseptic setting divorced from reality and, even if applied to the real world, may remain as nothing more than an academic exercise.  It may be nothing more than the “flat-earth theory”; one can believe in it, but it doesn’t make it true.

In other areas of life and practice, however, real-world consequences force people to actually respond in more practical ways.  There are “theories”, and then there are applications which have real-world consequences.  Vietnam was a prime example.  Having a theory that you are invincible and indestructible is one thing; walking in front of an oncoming bus to test such a theory — well, that is quite another matter.

For Federal employees and U.S. Postal workers who need to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management because of a medical condition, one may well have a “theory” that getting an OPM Disability Retirement is merely a matter of gathering one’s medical records and filling out those incomprehensible OPM Disability Standard Forms (SF 3107 Series and SF 3112 Series); but if you actually test out that theory, it is likely that you will end up with a denial from OPM.

Before testing out such a theory, however, you may want to contact a FERS Attorney who specializes in Federal Disability Retirement Law, lest your theory concerning the ease of getting a Federal or Postal Employee Disability annuity ends up like those other theories, like the Domino Theory of the forgotten past.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

Office of Personnel Management (OPM) Disability Retirement: Doubt

Is it an emotion.  Or, is it an “instinctive sense”?  Perhaps a cognitive level of reasoned thought?  If the latter, do animals doubt?  Why do we often qualify it by adding the term, “a sense of”?

The dictionary definitions often avoid the doubt of doubt by including both: “A feeling of uncertainty or lack of conviction”.  Note the inclusion of both: Emotion (“feeling”) and Reason (“conviction”).  Whether of a feeling or of a rational basis, it allows one to pause, to ponder, to consider the various signs and symbols of life’s intractable problems, and to consider whether or not to move forward.

As you enter your house or apartment, does the door slightly ajar make you doubt?  Do certain indicators at work — of furtive glances, of avoidance by your supervisor, of closed-door meetings excluding you: Do they in the aggregate create a doubt?

Or, for Federal employees and U.S. Postal workers who are not quite sure as to the qualifying criteria in filing for Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management — is there a doubt?

Whether of a “feeling” or of a rational basis, you should contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law in order to cast aside any sense or idea of a doubt.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

Federal Employee Disability Benefits: Philosophy of Life

Is it necessary to have one?  Does one ever begin this process of organic expansion with a conceptual paradigm which encapsulated the activities, movements, thought-processes and decision-making judgments that, in their aggregate, define a person’s “Philosophy of Life”?  And if we all have one, when did we subscribe to it, create it or “own” it?  Or is it all just some pithy mandate which we follow — you know, some line here or there that we picked up, either from a book, a movie, some T.V. serial, or even from some bartender who likes to mete out wisps of wisdom to those half drunk?

“Joe’s philosophy of life is to never trust anyone.”  Or: “Kim — she just believes that you should finish whatever you began.”

Of course, if you went to college and took that “Introductory Philosophy” course, you received a Reader’s Digest version of various philosophers, and perhaps came upon Seneca, the Roman Stoic, whose attempt to bifurcate the physical world from one’s inner soul has become popularized in modernity; and perhaps there are those who have grasped upon a coherent or systematic philosophical paradigm such that one actually possesses a “philosophy of life” —but few of us are organized enough to have that and, even if we did, how many of us actually follow our own philosophy of life?

Most of us just struggle through and meander, responding from one mini-crisis of life’s travails to the next.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where that medical condition begins to prevent one’s ability and capacity to perform all of the essential elements of one’s Federal job, it is not a “philosophy of life” that will help you survive the bureaucratic process of preparing, formulating and filing an effective Federal Disability Retirement application, but rather, correct knowledge, helpful information and a plan of attack.

Consult with an attorney who specializes in Federal Disability Retirement Law before initiating the process.  And, after obtaining your FERS Disability Retirement benefits, perhaps that will be the time to begin to formulate your Philosophy of Life — that is, the life beyond Federal employment.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Successful Equation

Remember those days in school when — not only did you have to know how to figure out the answer to a question — you actually had to know what the right “equation” was?  Without the proper equation, you could never solve the “problem”.  Yes, yes, you could do some tinkering around the edges — of “figuring out” in some unique way, but ultimately the only way to solve the issue was by rote memorization (something not required, anymore, in this day and age of computers and smartphones) of that mathematical statement on the near side of the equal sign.

If only life were like that — of simply memorizing the equation, then proceeding forward and solving every problem.  But that’s the nub of it all, isn’t it?

Life brings forth encounters and circumstances, “problems” and difficulties that refuse to respond to an equation pre-planned for the vicissitudes of life’s misgivings.  Are mathematicians better at adapting and responding to life’s travails?  Or, do philosophy majors and those who embrace dictums to live by (e.g., that all of life is a “river” and we can never step into the same one twice, and other such Chopra-like platitudes that carry us through difficult times) better sail through the trials that everyone inevitably faces?

The fact is, equations are often best left for mere theoretical applications, and rarely conform to the changes of life’s encounters.

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 search for an “equation” in preparing an effective Federal Disability Retirement application should begin with a consultation with an FERS Disability Attorney who specializes in Federal Disability Retirement Law.

While there may not be a pre-set equation to follow, there are certainly important steps to take in preparing, formulating and filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Psychiatric or Physical Incapacity: One among many

Does it tell us anything that we recognize that we are merely one among many?  Does such an awareness actually add anything to one’s conscious life, or is it just another one of those pithy egotistical “self-realization” statements that purports to sound profound but adds little, if anything, to any existential intuition beyond the words themselves?

Does a lone dog pampered by its owner have a similar awareness when it is taken for a walk, encounters other dogs or sees rabbits scurrying across the suburban landscape?  Does it pause and reflect: I am merely one among many?  Is language a prerequisite to conscious awareness of one’s place in the universe, or is the mere fact of existence enough to bring about an instinctive realization of the same relevance?

To be “one among many” certainly brings about a certain perspective, does it not — perhaps of one’s significance or irrelevance; that each has a burden or part to play, but is not necessarily responsible for the entirety of the problems encountered; and perhaps even of a sense of community or sharing-ness, that one is merely one cog in a complex multitude of wheels spinning about in a universe that is often impervious and uncaring?

Medical conditions, however, have a way of destroying even that perspective, in that it makes loners of us all.  When a medical condition hits, it leaves one with a profound sense of isolation, where one begins to think and believe that no one else in the universe experiences the pain, tumult, angst and loss of joy, and that the one suffering from the medical condition is all alone in the universe.  To that extent, the statement that one is “one among many” helps to remind one that, No, others too have gone through similar trials and circumstances, and such suffering is not unique in this world.

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, it is important to recognize that while each person’s condition is unique, it is also shared by many others.

Federal Disability Retirement itself is a recognition that the frailty of the human condition must sometimes allow for an end to a career, but that further, productivity in some other career or vocation is still possible.

Federal employees and Postal workers are one among many, and preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, is to share the burden of self-realization that while your medical condition may indeed be unique to you, you are not alone in the need to change direction and move on into another and more promising future where the one among many may be many more than you first thought.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement under FERS & CSRS: The sparrow

It is a bird that remains unappreciated — that generic entity which, when not identified by the wandering ornithologist, is simply referred to as a “sparrow”.  They are like the “default” bird, unassuming, pervasive, lost in the underbrush of time and history, and are taken for granted in their existence, presence and attraction — sort of like most of humanity.  One doesn’t hear the wandering bird-lover with his or her oversized binoculars strung heavily around a neck that is straining from a disc herniation from the sheer weight of the magnifying mechanism suddenly stop and declare loudly, “Look — a sparrow!”

People walk by throughout the cities of the world without ever noticing the thousands of such generically-forgotten creatures; those brown little blurs that fly about singularly or in large groups; flitting about, searching for sources of food, flooding the air with their chirping and fluttering.  But then, most of humanity is somewhat like the sparrow — in great numbers, never standing out from the rest, and merely trying to break out from the anonymity of life’s toil.

For Federal employees and U.S. Postal workers who suffer from a medical condition where 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 duties, the sense that can remain as a “sparrow” of sorts becomes less of a possibility — but not because of any unique features that have suddenly been noticed by the plumes of one’s species; rather, you have suddenly been noticed and selectively chosen precisely because of the medical condition itself.

Suddenly, you have become the narrow focus of greater observation:  Leave Restrictions are imposed; your performance is reviewed with greater interest; harassment ensues; the magnifying glass of the Federal Agency or the Postal Service is upon you.

Once upon a time, the sparrow was flying about happily unnoticed, perhaps wishing to be a peacock, not knowing how fortunate it was to remain in the abyss of anonymity.  For the Federal or Postal worker, to be noticed can have some negative effects, and it may be time to begin to prepare, formulate and file 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, lest the sparrow that wished to be a peacock suddenly realizes the looming shadow of a predator overhead, bearing down rapidly to end the anonymity that was lost because of a medical condition.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement under FERS & CSRS: DDD

It is what Moynihan said so many years ago, of constantly reinterpreting normative constructs such that the subtle, insidious reduction of acceptance allows for normalization of that which was rejected and repugnant just a few years before, a generation ago, or never at all.  Or, it may refer to a medical condition of the spine – of the condition identified as “degenerative disc disease”; but in either case, the acronym used as a convenient route for linguistic economy has some similarities involved.

For, in both cases, DDD allows for the slow and steady deterioration of a process – the former, of a cultural rot and standards once ensconced firmly in the very fabric of society; the latter, of a slow process of debilitating “eating away” that reveals a condition progressive over time, decaying by crumbling of bone, cartilage and repetitive overuse traversing time’s despondency due to labor’s unnatural pose.  Or, one can just make it up and ascribe it to a tripartite conceptual compound; for instance, “dual deficit denominations” or “dark, dim and dumb”, or other such consternations of linguistic accolades.

In any event, it is the original of the two that seems to share a common ground of meaning; for, in both, it is the essence of a slow process of change; one, cultural in nature, of an acceptance of lesser standards whether by willful determination or accidental submission; the other, the debilitating disease that – over time and resulting from old age – progressively worsens.  One could simplify the concepts by dismissing the first as “cognitive” and the other as “physical”.

In either case, for Federal employees and U.S. Postal workers who suffer from a medical conditions, such that the medical condition impacts the Federal or Postal worker’s ability and capacity to continue in the same position and compels one to consider filing for Federal Disability Retirement, both concepts can apply.

For, an expansive and liberal interpretation of Moynihan’s argument is similar to the Federal or Postal employee’s acceptance of the lower standard both in terms of his or her quality of life, as well as in seeing the adversarial nature of the Federal agency or the Postal facility as “normal” in the treatment of its employees.  And, as to the “other” definition of DDD – of the chronic neck or back pain – whether in a sedentary job or a very physical one, the high distractibility of pain that impacts upon one’s capacity and ability to safely focus, concentrate and attend to the job itself is often a qualification for Federal Disability Retirement benefits.

Thus, the acronym itself – whether for “defining deviancy down” or as “degenerative disc disease” – can fit the proverbial bill in considering the option of Federal Disability Retirement benefits, submitted through another acronym of sorts – OPM – otherwise known as the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: Of Karl Popper’s ‘World 3’

Karl Popper’s division of the world into three clean segments of definable universes was, on the one hand, quite controversial — especially as the esoteric world of philosophy had been steadily ‘progressing‘ towards pure materialism and scientism; and yet, on the other, self-evident to almost a simplistic, tautological fault.  Perhaps that is the very implication of profundity: it is that which appears so basic and elementary as to presuppose idiocy, but containing such inherent complexity as to remain beyond the reach of most.

In simple terms, the division of the world followed the classic lines of human history and linear development of evolutionary concordance: ‘World 1’ referred to the physical universe surrounding us; ‘World 2’, the purely psychological make-up of human beings, with a special concern to Popper concerning the internal pain and anguish which we feel; and of ‘World 3’ — that universe which is the subject of this short blog, the aggregate of human products and man’s creative injection into the world, comprised of art, literature, cars, buildings, customs and normative behavior, including dress, style, fashion, etc.

There is, of course, inevitable interaction and intersecting between the bifurcated ‘worlds’ — for example, a book of literature (say, Salinger’s The Catcher in the Rye) would be both an object existing in ‘World 1’ as well as a product of human creativity from ‘World 3’. But note the peculiarity of the overlap, which makes for a unique phenomenological observation: Say you had 2 copies of the book, but one which was published in January, 2015, and another with the stated date of July, 1951.  Consider further the added element that in the latter edition, a scribble appears, which happens to be the autograph of the author.

From the perspective of Popper’s ‘World 1’, both objects would appear to be essentially identical — with the former intact, and the latter somewhat damaged because of the graffiti defiling a clean page.  However, from the vantage point of the person who possesses and ‘owns’ (a concept which would clearly belong to Popper’s ‘World 3’, as well) the autographed object, a sudden recognition of value, wealth and uniqueness would immediately attach — leaving aside intersecting points with ‘World 2’ involving envy, jealousy, awe and disbelief (which would be shared by the undersigned writer).  Thus do the various and variegated ‘worlds’ of Karl Popper posit for our study, agreement/disagreement, and further reflection.

Such division and segmentation of worlds and universes are often proposed merely for esoteric and pedantic purposes; of ivory tower conceptual constructs which have little to do with the day-to-day lives of ordinary human beings who struggle to make a living, maneuver through the complexity of the world, and attempt to survive the manipulative machinations of a society governed by microcosms of powerful but unnamed sources of evil and collusion.  But there is a recognizable worth and value to some of us, for pointing out the existence and demarcation of artifice as opposed to the natural environment from whence we came.

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, such a bifurcation of the universe into clean segments of definable compartments, is to recognize that the complexity of the administrative and bureaucratic process encapsulating the entirety and aggregation of the process cumulatively entitled, “Federal Disability Retirement under FERS, CSRS or CSRS Offset”, is ultimately a product of Popper’s ‘World 3’, and not merely a nightmare emanating from the deep recesses of our troubled psychosis self-contained in ‘World 2’, but of an intersection between the universe of madness created by our own desire to further separate ourselves from the simplicity of ‘World 1’, from whence we came.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Extending the Vibrancy of Life

Much of life is spent in avoidance and protective retreat; it is only in the ignorance of youthful exuberance that we recklessly run into the streets without looking for oncoming traffic.  Sports reflects the truth of that human essence; it is not an accident that we witness the repetitive folly of gaining an early lead, only to act in fear of losing and thereby fulfilling the prophesies of our own making.

The question, then, 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 positional duties — is it an option to remain?

If the answer to that question is an unequivocal “no”, then the two other choices harken: File for Federal Disability Retirement benefits, or wait until the agency fires you or forces you to resign.  If the latter, then the Federal or Postal employee still has up until 1 year to file for Federal Disability Retirement benefits from the date of separation, whether through termination or separation by voluntary (or “forced”) resignation.

Avoidance of the issue will not do; at some point, either the decision to move forward in life will be made by the central actor in the cast (you), or by the supporting residue surrounding the play (the Federal agency or the U.S. Postal Service).

In the end, the vibrancy of one’s life is not determined by blindness or disregard of one’s circumstances, but by recognizing the steps necessary to enliven daily value.  One’s career and the extension of worthwhile work is always important to one’s life, but when a medical condition begins to exacerbate and devalue the substantive content of one’s life, then it is time to move beyond and search for an extension of that vibrancy of life.

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 often a “first step” in achieving and resetting that youthful exuberance we once felt, but lost along the way, precisely because it allows for a base security of the foundational needs of living:  an annuity obtained, then time to recuperate from one’s medical conditions and determine a course for the future.

One need not be looking back with fear of losing the game, as the repetition of sports history will reveal; rather, the future still can hold the key to extending the vibrancy of life once grasped, but somehow lost in the morass of our busy lives.

Sincerely,

Robert R. McGill, Esquire