OPM Disability Retirement: The Lost Illusions

In childhood, we retained many illusions; as adulthood came to fruition, such illusions were slowly stripped away, one by one, until reality hardened the sunlight of hope and replaced them with the gloom of daily existence.  Then, sometime later in life, when maturity formed the mold of contentment and latter-day fancies allowed for happiness to reside, we came to compromise with life’s misgivings, allowing that not everyone is bad, not everything is a failure, and not every regret has to be turned into a nightmare attributable to the fault of our parents.

In short, we finally grew up.  But what about those lost illusions?

We define an illusion as that which is wrongly perceived — in other words, it is our “perception” of X that is in error, and not the substance of what X actually is.  Encountering “Being” in the world is a scary matter [sic] in and of itself; for many, the elixir of living in a world of illusions is preferable to the ugly reality of pure Being; just visit any mental institution and one can get a sense of a universe where illusion dominates.

Throughout life, we must always adjust the world as we perceive it, the manner in which we desire to perceive, and the reality of matching perception with pure Being.  It is the game of expectations and the bumping into reality that is the hardest lesson to learn; and for most, the lost illusions of childhood yearning constantly battles to regain our need for a time past, a regret turned, and a desire snuffed.

For Federal employees and U.S. Postal workers who suffer form 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 illusion that one’s Federal or Postal position was secure for a lifetime’s future engagement may be the first thing that needs to be shed.

Further, the illusion that your Agency or Postal unit will be cooperative during the long and complex administrative process — because you “earned it” or that your prior years of dedicated service should count for something — may also be an illusion that needs to be set aside.

Filing for Federal Disability Retirement benefits will likely require the shedding of many illusions, and like those lost illusions once held by the innocent child that was once you, the illusions inherent in preparing, formulating and filing for Federal OPM Disability Retirement benefits under FERS is no different precisely because the encounter with Being is still the tumultuous affair that it always has been.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: Shedding

It is nature’s way of getting rid of the old and replacing it with the new.  Sometimes, however, nature is slow in its processes and the environment surrounding doesn’t quite keep pace with the steady progress of unresponsive mechanisms — as in the horse’s winter coat that remains for weeks despite the sudden heat wave that overtakes the region.

There is the shedding brush that is often used for dogs and horses; the circular metal implement hastens the stubborn fur and hairs that remain despite the blazing heat wave that comes suddenly upon us; but perhaps nature is more attuned towards experiences in the vicissitudes of weather, waiting patiently, biding its time with a knowing smile that wintry days of the residue of cold and cool temperatures may yet follow upon a week of unseasonably warm temperatures, and maybe that’s why the unshed fur and follicles that remain are still clinging yet in order to make sure that summer is the real summer to stay, as opposed to those Indian summer days that wax and wane.

We are impatient in our response to the environment.  We want to rush ahead despite all of the warnings and signals that Nature lays before us — and so the stubborn clumps of winter coats cling desperately against the shedding brush that shears too soon.  It is our way of subverting nature regardless of what Nature is trying to tell us.  That is often what a medical condition does as well — of pain signaling our pace of recovery; of anxiety foretelling that it is too soon to return to the environment of stress; of nightmares and insomnia warning by expiating foreboding images within a stress-filled condition of life.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition is preventing you from performing one or more of the essential elements of your Federal or Postal job, it may be time to begin shedding those factors which are contributing to your worsening health.

Perhaps the job was not the originating basis or reason for your medical condition; and, perhaps your Federal or Postal career was once a significant factor in your daily motivation to continue to strive each day.  However, when a medical condition becomes exacerbated by the very elements of the job, or there exists an inconsistency between your cognitive or physical capacity to perform all of the essential elements of the job, then it may be time to prepare, formulate and file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset.

Shedding is nature’s way of adapting to a changing environment; shedding is also an artificial means of recognizing the necessity for change, and when a medical condition is no longer consistent with the positional elements of a Federal or Postal job, it is time to consider shedding the job itself in order to regain the health that is nature’s priority, as it should be for you.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: Owing and debt

Why must advancement always entail greater complexity?  Or, is that merely the concurrent and natural evolution of linguistic modes of communication?  Do words ascribed and the antiquated, outdated philosophical concept of language as a “correspondence” between the objective world and the language games one plays (yes, an admixture of Bertrand Russell’s criticism and Wittgenstein’s deconstructionism combined) naturally result in the bungled world of complications as a mere afterthought to sophistication and the rise of a civilization?

The simplicity of a stone-age civilization, where pursuance of food and the bare necessities to survive – is that what can be termed a “simple” life, and therefore a primitive, less advanced (or none at all) civilization?  Does the capacity to invent, discover and apply technology by definition establish that a collective group of people has “advanced”, and is the advancement a reflection of greater complexity, or is complexity the hallmark of such advancement?  Can you have an “advanced” society and yet maintain a level of simplicity such that the pinnacle of such advancement is better defined by the simplicity of living standards?

And where does sophistication, culture and refinement of the arts fit in?  Does the fact that exchange of monetary currency, the involvement of extending credit and the concomitant issues of owing and debt necessarily arise in a complex society?  When did the concept of “owing” and the concurrent idea of a “debt” owed come into the daily consciousness of an individual, a society, a civilization?  And, was it first tied to the idea of money, then to an analogy about “favors”, obligations, return of bartered goods – or was the very idea of owing or being obligated to, and having a debt to be repaid, separate and apart from the exchange of currency?  We owe a “debt of gratitude”, and a sense of “owing” that which we borrowed, or the debt we are in, and there is the “debt ceiling” and bills yet to be paid, as well as a “debt of loyalty” – do these all arise from the origin of bartering and money-lending?

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 employee’s capacity and ability to continue in the career of one’s choice, there is often a sense of “owing” the Federal Agency or the Postal service “something” – one’s time, one’s gratitude, one’s commitment, etc.; and that the “debt” has to somehow be repaid by killing one’s self to the enslavement of work.

It is a false idea one clings to.  The “owing” one must first be concerned with is the debt to one’s self, first – of health, future orientation and obligations to a family one has brought into this world.  Don’t confuse concepts; and be aware of metaphors that have evolved from civilization’s greater complexity where advancement does not always mean greater complexity of confounding confusions.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The View from the Balcony of One’s Soul

It can only be in metaphorical terms by which we express such sentiments; and some recent essays have contended that true comprehension within the context of any language game requires, by necessity and tautological argument, metaphors.

The concept of one’s “soul” itself may be entirely metaphorical — or a simile of sorts — and placed within the context of the physical terrain of a balcony, the combination of the immaterial with the material presents an image beyond mere fanciful flights of the imagination, but taxes the capacity of the human intellect to corners of comprehension stretched to its outer limits.  For, the balcony is that arena of observatory quietude from which the vantage point of reflection occurs; and the soul represents the essence of a person’s being.  Thus, for the soul (the core of one’s humanity) to view the objective world from a balcony (the vantage point of reflective quietude), is to present a moment of profound insight.  It is, indeed, for those rare moments which make life worthwhile.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s positional duties within the Federal government or the U.S. Postal Service, it is this loss of “balcony-perspective” which often compels one to act.  Or, conversely, there is sometimes a moment of such vantage-point realization, seen through the onerous veil of pain, stress, cognitive cloudiness or downtrodden days of breakdowns and distress depleted through progressive deterioration of mind, body, emotion and flat effect; in a moment of cohesive clarity, one can come to the recognition that life cannot be defined by work, and the worth of one’s humanity should not be determined by how much one can withstand the humiliation incurred by supervisors, managers, coworkers and hostile environments which refuse to let up or cease in their incessant poundings.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often only the first step towards recovery from a process which began years ago.  Some time ago — and time becomes a maze of forgotten refrains when one must contend on a daily basis with a medical condition which impacts one’s capacity to engage in gainful employment — there were moments when the view from one’s balcony provided that momentary quietude of reflection; and then the erasures of life began to rub away the humanity of one’s essence, to a point where one’s soul began to hurt, to suffer, and to sob in silent shudders of dry heaving for that loss of self.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management may not be the ultimate solution for every Federal and Postal employee, but it is often a start.  That start will, at a minimum, allow one to again view the world around us from the balcony of one’s soul, which is the true vantage point for all of us who still retain a semblance of humanity.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Law: Agency Adverse Actions

Calamities coalesce in concurrent coordinated couplings; often enough in life, when one action is engaged, another follows in reactive reflection.

For the Federal employee or U.S. Postal worker who has a medical condition, such that the medical condition impacts one or more of the essential elements of one’s job, the necessity to, or mere hint of the need 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, often invokes a concurrent action on the part of the agency.

Whether such actions are mere coincidences (unlikely); retaliatory (a good chance); or deliberatively intentional (often enough) is anyone’s guess.  Trying to figure out the underlying motivation of agencies is merely a waste of one’s valuable time; what to do with the agency’s adverse actions, is the more productive approach to embrace.

The argument that finds some precedence for OPM in arguing against a Federal Disability Retirement case, is that somehow the Federal Disability Retirement application was merely a pretense to avoid termination, and thus is somehow invalidated.  But, in fact, the reverse can be argued as well:  Because of the medical condition, the agency’s adverse actions reflect the poor performance, the excessive taking of SL, LWOP, etc., and irrefutably confirms the validity of the Federal Disability Retirement filing.

What the agency’s adverse action states; how it is characterized; what surrounding correspondence exists; and the extent of one’s medical documentation around the time of the agency’s actions, and prior to, are all important components in preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Filing for OPM Disability Retirement: The Novel Approach

The genre represents the highest form of literature.  Poetry possesses its eccentric beauty; the short story its ease of brevity for the reader to pick up and finish in convenience of time, and thus its popularity; the biography and the epistemologically privileged cousin, the autobiography, its authentic historicity; and others by design of self-promotion, as Truman Capote’s “non-fiction novel” (an oxymoron?).

But the novel is the king of prose; of a narrative form which allows for many rooms in an endless castle of hidden trap doors and secret galleys full of antiquities and doorways yet to be revealed.  Perhaps that is why, used as an adjective, it defines a uniqueness of approach, akin to the traditional use of the word as a noun representing the highest form of art.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s positional duties with the Federal government or the U.S. Postal Service, engaging in a “novel” idea may be the best and only option left.

Where the medical condition no longer allows for the continuation of one’s career, and yet the Federal or Postal employee believes that he or she can still remain productive in the employment arena, it is indeed a novel approach for a benefit to pay for one’s inability to perform one or more of the essential elements of one’s job, and yet allow concurrently for the Federal or Postal employee to enter into the private sector, obtain a second vocation, and make up to 80% of what one’s former position currently pays.

For the Federal or Postal employee who is considering 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, it is precisely that allowance of continuation of productivity which fairly recognizes that there is not necessary incompatibility between a medical condition and contribution of talents.

Like the novel genre and the novel idea, they both acknowledge the penultimate value of human creativity, and allow for the characters to develop in the unfolding saga of a story yet untold.

Sincerely,

Robert R. McGill, Esquire