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 & Postal Disability Retirement from OPM: Departures

How one leaves is often important — not just subjectively, but encompassing consequences and reverberations unanticipated.  Consider the ultimate departure — of leaving a Will or not.  One might counter that, Well, what difference does it make; I won’t be there to witness what happens after I am gone; and, in any event, who cares if they fight over what little possessions I leave.  “I won’t be there, anyway.”  But your memories will; the memory of who you were and the aftertaste of a legacy left behind.

Then, there are the mundane departures — of the daily goodbyes to go to work; of leaving work to come home; of a trip on trains, planes and cars; or just a trip to the local store while that loyal dog awaits your arrival back home.

For Federal employees and U.S. Postal workers who are preparing to 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 question of how a “departure” is characterized in the meantime may have some not-so-insignificant impact upon a Federal Disability Retirement application down the proverbial road.

Resignation may be necessary — say, in order to access one’s TSP in order to survive the lengthy administrative process of awaiting a decision by the U.S. Office of Personnel Management; or perhaps simply wanting a “clean break” before, during or after filing for Federal Disability Retirement benefits. Or, the departure may take the form of a termination or an administrative separation initiated by the Federal Agency or the U.S. Postal Service, in which case one may argue the Bruner Presumption in favor of one’s Federal Disability Retirement application.

These are all important and relevant considerations in preparing, formulating and filing an effective Federal Disability Retirement application, where departures —like one’s Last Will and Testament — may have some relevance in the fight which ensues in the aftermath of one’s absence.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: Insular worries

How much time is spent on worries constantly engaged in conversations never spoken but hidden within the insular universe of the private mind?  The walking person who appears to be “carefree” with an impassive face or even a flashing grin; of that person, can one detect the trembling child within, the shuddering fears hidden and the angst-driven force behind?

So much time is often spent on battling against the monsters that loom so large within the insular world of one’s mind that productivity is diminished, creativity is dashed and the relishing of valuable moments become forever a memory that could have been, might have occurred and only fleetingly felt.

How does one counter the obsessive characteristics that most of us are beset with — of anticipating doom and disaster where none has yet occurred; of predicting that failure is just around the corner without having seen any indicators of either the bend around the next block nor the sunshine that foreshadows success; or of simply worrying because there is too much calm, or an overabundance of happiness, joy and the saltiness of success?

Is it always the “quiet one” whom we should all watch for?  Why is it that, after a tragic incident, the neighbor always points to the perpetrator of the crime and says, “He/she was such a nice, quiet person”?  Is it because the insular worries that are never spoken, but remain silent throughout, grow and fester like the mold behind the cellar door or the pus within the bubble of hidden flesh?

For Federal employees and U.S. Postal workers who walk about with a medical condition that must be “kept private” and “hidden” for fear that the Federal Agency or the U.S. Postal Service might begin to “take actions” to restrict the use of Sick Leave, or refuse to allow for extended LWOP or, worse yet, to place one on a “Performance Improvement Plan” with the full knowledge that the medical condition prevents the Federal or Postal worker from performing all of the essential elements of one’s Federal or Postal job duties — preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, might be the logical next step beyond walking about with the insular worries of an anticipated future event.

Worrying is an integral and inseparable part of modernity; the world is complex, and the complexities themselves create a surreal universe of worries and anxieties; how we “deal” with them, however, is the key to successfully tackling them.  Consulting with an experienced attorney who specializes in handling Federal Disability Retirement issues will likely be the necessary first step in preparing an effective Federal Disability Retirement application, and perhaps the unburdening of those insular worries that are bundle up with questions that need some answers.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement Information: The pleasure robbery

There are “highway robberies”, “train robberies” (distinguishable from THE great train robbery, which has become a historical feature of mythical proportions) and “bank robberies” (is there a single one that overshadows all others, or are they better identified by the characters who perpetrated them, like “Bonnie and Clyde”, Ma Barker, John Dillinger or Butch Cassidy and the Sundance Kid, etc.?); there is the “car jacking” which is nothing more complicated than the robbery of a vehicle, except perhaps by violent means and confrontation with the driver and/or owner; Skyjacking or Hijacking; and then there are “grand” or “petty” larcenies, depending upon the amount stolen, as well as special formulations with particularly distinctive and distinguishing details, like “embezzlement” (which often must possess an employer-employee relationship) or exerting “undue influence” in the act of stealing (as in cases of elder-abuse where a child or relative begins to siphon off wealth from one’s own family member); and many other types of simple criminal acts of absconding with that which is not one’s own to possess.

But what about the daily occurrences of the most prevalent incidents — that of the pleasure robbery? You know — those simple acts of mental anguish, where worry steals and robs from the pleasure of the moment; where an anticipated future event not yet having come to fruition constantly overwhelms where one is obsessed with the expectation of disaster, and thus robs the person of any pleasures taken for the moment?  This often happens on the weekend, doesn’t it?  From late Friday until Monday morning, the worry and anxiety sets in, robbing from the reserve that the weekend itself was meant to preserve and restore; and it is the pleasure robbery that leaves one with the greatest of devastating effects: profound and unrelenting fatigue, and not just from the imagined catastrophe that has not yet occurred, but moreover, from the anxiety and worry itself.

For the Federal employee and U.S. Postal worker who must contend with a medical condition, where the medical condition is impacting and preventing the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal position, the concept of the pleasure robbery is a familiar one: for, one’s future, one’s career, and one’s livelihood are often at stake.

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, may not be the “total solution” for the anxiety that it may cause — whether because of the knowledge of a reduced income or the admission that the Federal or Postal employee must face the reality of one’s medical condition. However — despite being a complex administrative process, it is nevertheless a benefit that may resolve some of the perplexing questions that often accompany a medical condition, and set one onto a path of future hope and greater certainty in order to stabilize a world of unfathomable uncertainties, and at the very least, to stop the pleasure robbery from any further stealing away the needed rest and peace that weekends, vacations and a good night’s sleep are meant to provide.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Claims: The present preference

Given the choice, it is almost always the present preference that is chosen, while the long-term goals, aspirations or necessary planning are set aside, ignored, subverted or otherwise delayed for another day.  We prefer to remain in the present circumstances, in lieu of future contexts unknown, for the familiar is always to be preferred to the strange and unrelated.

The key to change away from the present preference is often based upon the spectrum of a “tolerance/intolerance” gauge — an informal, almost unspoken manner in which we react based upon various factors that have developed over many years: tolerance/intolerance of pain levels; quality of life issues, whether consciously realized or intuitively maintained; the balance between weekends encroached and the weekdays approached; whether productivity rises or falls; and other similar factors, both involving professional goals and aspirations as well as personal perspectives upon the worth of maintaining the status quo or allowing for the tumult of change.

Medical conditions often warrant a move away from the present preference.  In reality, no one “prefers” the present when the change is imposed from external sources, or where there is simply little control or influence to exert upon stopping, hindering or otherwise slowing down the change itself.  The present preference is merely borne of laziness or the pure enjoyment of non-change, as the known is almost always preferable to instability and the strangeness of other worlds.

That is why we take short vacations and jaunts to other cultural enclaves, but return home to the safety of our known environments.  But when a medical condition begins to impact one’s ability and capacity to perform one or more of the essential elements of one’s positional duties, as it can with Federal employees and U.S. Postal workers under FERS, CSRS or CSRS Offset, the changes impacted from the external forces of an unwanted medical condition may necessitate the modification of the present preference for the status quo.

Living with a medical condition itself is traumatic enough; altering the present preference of a life one is used to, is almost always a further tumultuous necessity that one instinctively resists, but recognizes the inevitability of.

For Federal and Postal workers who have come to a point of realizing the necessity of modifying the present preference, preparing, formulating and filing an effective OPM Disability Retirement application, to be ultimately submitted to the U.S. Office of Personnel Management, is the first step towards conforming to an unfair external influence characterized by the medical condition itself.

Consulting an attorney who specializes in the administrative complexities inherent in the Federal Disability Retirement process will often help to buttress some of the changes that are necessary, if only because information and knowledge allows for the decision-making process to prevail with needed insights presented in order to adapt away from the present preference of an increasingly debilitating medical condition.

Sincerely,

Robert R.McGill, Esquire

 

OPM Medical Retirement Benefits: The full emptiness

Beyond the definite article, the two adjectives would remain self-contradictory if the meaning attempting to be projected were either both (A) in the physical sense or (B) in the spatial, cognitive sense.

A further explanation may be in order, here.  Contradictions often occur when words are mistaken to be conveyed in a single dimension, but can be modified if explained that they represent different conditions, occupying a sense of distinction that can be differentiated because of the slight alteration of contextual bifurcation.

Certainly, the terms “full” and “empty” become self-contradictory when applied in a physical sense for both terms; but if either of the terms are meant to represent different dimensions — i.e., “full” in the physical sense and “emptiness” as an emotion or feeling, or vice versa (“full” in an appetitive meaning and “empty” as a physical fact), then the contextual distinction takes on a differentiated meaning.

One often says that such phrases containing self-contradictory terms are merely a “play on words”, and indeed, it is normally intended to convey a thought-provoking compound of a conceptual construct.  The “full emptiness” is an idea that can denote many meanings; perhaps of a life filled with activities, but somehow lacking in meaningfulness; or, of an individual whose outward appearance is one of fulfillment and contentment, but whose soul is wanting because of a tragedy in his or her past.

That has always been the essence of a life worthy of condemnation, has it not?  Of a friction that continues to rub against each other — of appearance versus reality, of internal versus external; the contrast between the inner sanctum of thoughts and the outer reality of what is expressed.  For, of what worth is a life if it cannot be condemned?

The full emptiness is what most of us project to others, and how others behave towards us; that is the unfortunate aspect of living among and amidst each other.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to impact the ability and capacity to perform all of the essential elements of one’s Federal or Postal job, the self-contradictory concept of a “full emptiness” is a familiar theme.

The outward appearance must continue to be maintained — of competence, ability to multi-task, and capacity to take it all in; all of this, despite the ongoing medical conditions that debilitate and progressively deteriorate.  The inner reality often tells of a different story: of pain; non-restorative sleep; profound fatigue; physical and mental dysfunctions that are hidden and concealed.

Preparing, formulating and filing an effective Federal Disability Retirement application is a step towards vanquishing the contradiction of a life of full emptiness; it is to recognize that the negative circumstances of the medical condition need not dominate the positive hope that is still held that a career once deemed promising can yet open up into a future undaunted by the medical conditions themselves, by securing a Federal Disability Retirement and focussing upon getting one’s health back into balance so that the conundrum of a full emptiness can become a thing of the past.

Sincerely,

Robert R.McGill, Esquire

 

Federal Disability Retirement: The beginning, middle and end

It is a cognitive invention, as most events and occurrences are a continuum without such neatly-trifurcated wholes segmented into a tripartite of sectional constructs.  That is why sophistry can rule — because thought fails to meet reality and conform with it.

So the argument goes: An arrow shot from a bow can never reach its destination, as the the distance the arrow travels merely cuts the chasm between Point A and Point B in half every second or a fraction thereof, and as a line can be divided into halves into infinity, so the tip of the arrow can never overcome the mathematical division of measurable distances.  Yet, the hunter knows this not to be true, and the deer that feels the pierce of an arrowhead recognizes not the hypothetical constructs of philosophers and madmen.

Similarly, we ascribe to various conceptual constructs the “beginning, middle and end” — as in a novel; a stage play; the chapters of a life lived; a career; a failed marriage or of a successful one.  As to the latter — the “beginning” is described with adjectives of romance, love and passion unadorned; the “middle”, often with children, debts incurred, a home purchased and a career undertaken; and as to the “end”, whether of irreconcilable differences, infidelity, death or together taking walks into the sunset of two lives joined for a lifetime, depends largely upon the story told from the beginning, extending into the middle and coming to fruition towards the end.

In telling such a story, it is often less important what happened in “the beginning” — though couples often focus far too sharply upon that period, like prurient interests magnified by the query, “So, how did you two meet?”  It is more often the “middle part” that determines the course of the end; of the stresses of family life; the enticements and opportunities that can derail the best of intentions and muddle the principled mind; for, the “happy end” depends largely upon the activities of the middle, and it is the middle period that sets the foundation for the end.

And, as with almost all things worth pursuing, preparing and formulating a Federal Disability Retirement application by a Federal or Postal employee, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, requires a solid foundation both in the “beginning” and the “middle” phases of the process, in order to bring about a favorable “end” to the complex administrative process.

The “beginning” part of the bureaucratic process identified as “Federal Disability Retirement” often involves the medical condition itself, and the recognition that a change is needed.  The “middle” part involves the complexity of preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS offset; and the “end” embraces the hope of a First Stage Approval, but if not, the Second Reconsideration Stage and, if necessary, an administrative hearing before a Judge at the U.S. Merit Systems Protection Board.

Whether you as the Federal or Postal employee find yourself in the beginning, middle or end of the process identified as “Federal Disability Retirement”, always remember that wise counsel in the beginning makes for a smoother path in the middle, and greatly increases the chances of a successful end.

Sincerely,

Robert R. McGill, Esquire