Disability Retirement for Federal Government Employees: The Hub

It is the center of the universe; upon and around it, all things revolve.  The axle is attached to it; the spokes; the planets that circle about; the hub constitutes, represents and relates to all else by being the primary foundation from which all else is dependent and subservient.  And thus the phrase, “That’s the hub of it all, isn’t it?”  Or, is the idiom, “That’s the nub of it all” the true way of saying it?  If a person replaces the “h” for the “n”, and let’s say he or she has a strange inflection or accent, anyway, do we stop them and correct them?

Say two people are watching a show, and afterwards a discussion ensues as to the meaning of what one of the characters said or failed to say, and one says to the other, “That’s the hub of it all, isn’t it?”  The other turns and says, “You mean, that’s the NUB of it all, don’t you?”  The other pauses, reflects and retorts, “What’s the difference?”  Now it is the first one’s turn to pause, reflect and answer back, but what would be an appropriate answer?  While the true idiom or adage may well be the “nub” usage as opposed to the “hub” application, perhaps the other person was just being somewhat eccentric and creative.

Or, let’s say that you knew of the other person the following: When he was just a young boy, he lost his mother, whom he loved very much.  Her last words to him as she lay in bed suffering from tuberculosis was: “Now, remember Bobby, it is love — that is the … [and, here, she was overcome with a fit of uncontrollable coughing, and could not get the “n” out and instead, pulled herself together and said hoarsely] the hub of it all.”  And to this day, Bobby remembers his mother’s last words, and the slight difference of idiom used, and likes forever after to repeat the phrase, “That’s the hub of it all”.

Would you, knowing this, correct him on the misuse of the idiom?  And even if you didn’t know the history of such misusage, why correct something when the underlying meaning remains the same?  Isn’t “hub” a synonym for “nub”, and vice versa?

In life, we too often focus upon the spokes of the wheel, and not the hub; or, put another way, we walk right past the nub of a matter and become too easily distracted by tangential, irrelevant or insignificant obfuscations.  But life is too short to aim at the spokes of the matter instead of the hub, nub or essence of it all.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition is beginning to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal job, just remember that there are certain things in life that cannot be ignored — like one’s health.

If one’s health is deteriorating and the Federal or Postal job is contributing to that deterioration, what is more important?  What is the hub of the matter?  What essence of life’s priorities are more important?  Identify the nub — and proceed on to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, so that you can focus upon the hub or nub of the matter, which and whatever, so long as it points to the essence and not the spoke.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The period in-between

It is the squeeze that we abhor, the suspension of life during that time.  Like the craven soul that is relegated to purgatory or the mass murderer that must await the culmination of the sentence imposed, it is the period in-between that is wasted because we are frozen in time by the certainty of the past already ensconced and the future that is determined but yet to be fulfilled.  That is the rub, isn’t it?

The uncertainty; whether the future can be altered or modified; or has fate already made an irreversible decision and judgment?

When Scrooge encounters that ghostly apparition representing the future in Dickens’ classic tale, A Christmas Carol, isn’t that the question posed – whether the course of future events as foretold could be altered, modified, reversed or otherwise replaced?  But while we wait, what can be done?  For, in reality, it is too often thought that only the judgment rendered can then be worked upon, worked around or somehow accepted submissively as fated karma that cannot be countered.

Thus is that the reaction of Federal and 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 the Federal or Postal position – it becomes the period “in-between”.

It is the “in-between” doctor’s appointments to see whether there is any hope of getting better; “in-between” performance reviews to see if anyone at work has noticed; “in-between” temporary teleworking arrangements to see if the Federal Agency can extend the authorization; “in-between” surgery and recovery to see if you can go back to full duty; and on and on, “in-between” the crazy universe of a medical condition and a dying hope for a future withering on the vines of other’s expectations.

It is like being stuck in mud, frozen in time, watching as the impending future comes upon you.

However, there is an affirmative step that can be taken to begin the process of altering, modifying and changing the course of an expected future event – by preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

While filing a Federal Disability Retirement application may not be a solution to the medical condition itself, it is a step towards altering and modifying the course of future events that are controlled by the Federal Agency or the U.S. Postal Service, by accessing an employment benefit that recognizes that you can no longer perform the essential elements of your particular Federal or Postal job, but there may be other things in life that you may be able to pursue.

That is how the period in-between can better be embraced, by making sure that the future does not end with a definitive period at all, but merely by a comma that represents a brief pause.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Employee Disability Retirement: Fathoms and farthings

They are words seldom used by ordinary people, and are instead found within contexts now of limited usage except by reference to anachronistic novels and reference manuals, or perhaps in sea-faring settings where such terms are related to between seasoned old-timers in the field.

The former term refers to the unit of measurement for the depth of the ocean’s topography; the latter, a unit of currency so small as to have become obsolete by now with the inflationary course of history having relegated such amounts to irrelevancy, and ceasing to be recognized as legal tender by 1960.  Besides, it was a “foreign” currency as well, and was not a currency used in current usage within recognizable current vintage, anyway (yes, yes, a bad attempt at alliteration and a play on words).

What do they have in common?  They both measure a unit of X, of course; they are also words that have “meaning” only within certain contexts, whether of specialized oceanographic particularization or, as to the latter, within a historical context if one were writing a play, screenplay, novel or short story that included anywhere from the Victorian to the Elizabethan periods.  It is a reminder to us all that words come in and out of “meaning” and relevance based upon the context given and recognized.

Language games”, as the term Wittgenstein ascribed, retain their relevance and applicability depending upon the context of the usage adopted.

It is no different when preparing, formulating and filing an effective Federal Disability Retirement application by a Federal or Postal employee, to be submitted through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  Suddenly, the Federal or Postal employee is thrown into a “language game” that has been ongoing for decades, but is new to the Federal or Postal employee who must prepare an effective Federal Disability Retirement application.

Such terms as “The Bruner Presumption”, “viable accommodation attempts”, “Persuasive legal effect of other disability ratings,” etc., come into play.  Yes, you may be able to research and understand some of the terms, but the particularization and the anachronism of such terms may come back to haunt you unless you, as the Federal or Postal employee trying to submit an effective Federal Disability Retirement application, can fully comprehend the specialized nature of this complex process called Federal Disability Retirement.

For, like fathoms and farthings, it may be best to consult an attorney who has a long experience with such terms and usage in order to better heighten the chances of a First Stage Approval from OPM.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney: Today’s tomorrow

Yesterday’s today is different from today’s today, just as tomorrow’s imaginary today will be considerably changed from the actual tomorrow of tomorrow.  How to test that theory?  Just read a book, a novel, a short story when you are a teenager, an adult, a “mature” person or in your old age – say, Salinger’s Catcher in the Rye or some other similar-type work, or even Maugham’s The Razor’s Edge or even a truer test like a children’s book — the classic Seuss series, The Cat in the Hat, etc.

Perspectives alter and become modified with time, age, experience and encounters with reality, bifurcating between the monster within one’s own imagination, the projection of fears, anxieties and trepidations, and the reality of the world that one finally engages.  The memories one holds of one’s childhood may soften and become tempered over time; the harshness of judgment one may hold of one’s parent’s – their actions, punishments meted, words spoken out of turn and thoughtlessly – may be modified as one becomes a parent as well and encounters the same difficulties, trials and tests; and so the yesterday experienced at the time may alter from the yesterday remembered and ensconced within the context of one’s own life experiences.

Today’s today, or course, is the reality we must always face, but of tomorrow’s tomorrow, can we set aside the suppress the anxieties and fears we project?  The real problem is almost always today’s tomorrow –  of that projection into the future, not yet know, surrounded by the anticipation of what we experience today, fear for tomorrow and tremble at because of all of the various factors and ingredients of the unknown.  Yes, it is today’s tomorrow that we fear most.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent the ability and capacity to perform all of the essential elements of one’s Federal or Postal job, it is the tomorrow that we consider and ponder upon today that makes for the fears to arise, the anxieties to develop and the trembling to occur.

How best to treat today’s tomorrow?

For Federal employees and U.S. Postal workers who must consider preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the first step towards assuaging the fears projected unto tomorrow before tomorrow arrives, is by taking affirmative steps today in order to prepare for tomorrow, and that first step is to consult with an expert in the field of Federal Disability Retirement.

For, today’s tomorrow will come sooner than tomorrow’s today’s blink of an eye and bypass yesterday’s today in the memories of a childhood steeped in tomorrow’s yesterday.

Sincerely,

Robert R. McGill, Esquire

 

 

Disability Retirement for Federal Government Employees: Servitude

It is a term that is viewed as neutral in one sense; for, the concept itself, while implying subjection to an owner or master, does not require it.  “Slavery”, on the other hand, necessarily connotes a system of ownership and involuntary compulsion; “servitude” can quite simply be tied to the idea that there exists a lack of freedom.

Taking it a step further, one can experience servitude if one has complete freedom; for, the excess of X often results in the opposite of X, as in the statement, “If everything is nothingness, then nothing is everything.”  Thus do we believe that, in modernity, everyone has greater liberty and freedom.  Fewer and fewer issues are any longer societal taboos – from what entertainment we prefer to any constraints on the choice of a career, Western society claims to have the greatest extent of freedom.

Yet, why is it that people don’t “feel” free?

That economic limitations and restrictions seem oppressive; that no one has time to gather together as families; that the more technology accords and claims to give us greater freedom to do “other things”, the less time we feel we have to do anything but work and rush about in this world where the intrusiveness of technology has had its opposite effect – not of granting greater freedom, but of voluntarily goading us into a servitude of acceptance.

Medical conditions, too, have a way of creating that bondage of servitude.  Somehow, when a medical condition begins to develop, it ties us down, requires us to change the way we have been living, and forces us to think again about the priorities in our lives.  For Federal employees and U.S. Postal workers who have “served” their Federal and Postal “masters” well, the rise of a medical condition often magnifies how much we are a “slave” to time, to productivity and to the pursuance of goals that somehow, in light of the medical condition, become less and less of importance.

Filing a Federal Disability Retirement application is often a necessity required by and resulting from a medical condition that makes the Federal or Postal employee realize that he or she can no longer perform all of the essential elements of one’s Federal or Postal job.

All the while, the anomaly of life intrudes: One had believed that one had chosen freely one’s Federal or Postal job, but when the medical condition began to impede, and the demands of the Federal Agency or the Postal Facility made it clear that it had become a job of servitude, it may be time to cut those chains of bondage and free one’s self to attend to the greater arena of liberty – one’s health, by preparing, formulating and filing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation Federal Disability Retirement: Biding time

Inmates in correctional facilities do it; criminals in wait; patients in doctor’s offices who have been informed that there will be a short delay because of an emergency procedure that the physician had to attend to; and most of us in general who live life anticipating disasters, tomorrow’s unfortunate events or the next day’s calamity to come.

We all bide our time in living our lives, and it is the time of biding that is wasted away until, near our deathbed, the expected outcome of disaster never came, the calamity never developed and the corrosion of life never materialized.  It is one thing to wait on another person; another altogether to engage in the patient virtue of sitting motionless or passing the time away in anticipation of something beyond; it is quite another, and perhaps unique, that human beings actually actively engage in the activity of “biding time” in order to start a process.

Vengeance often takes biding of time; planning for a future definitely requires biding time; and old men and women in nursing homes have nothing better to do than to bide one’s time.  To live life biding time, even at the horizon of one’s twilight in elder states of despair, is no way to exist.

For Federal employees and U.S. Postal workers who are beginning the process of, have already begun the procedural steps to, or otherwise are in the middle of the administrative process of preparing, formulating or 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, the key to “biding time” during this complex administrative process is to have “a plan”.

It is a long, arduous, difficult and time-consuming process.  Even after it is successfully filed, the time waiting upon a decision just at the First Stage of the administrative process can now take a very, very long time, and how one plans to bide one’s time during this long process is something one needs to consider.

Will you remain on LWOP during this time?  Will you resign, get terminated, and will you work at a private-sector job while waiting for OPM’s decision?  Will temporary loss of health insurance be a consideration?  If it is denied at the Initial Stage of the Federal Disability Retirement process, will that mean that you can endure the lengthy second Stage, the Reconsideration Stage?  And if you have to go and have a Telephonic Hearing before an Administrative Judge at the U.S. Merit Systems Protection Board, which will take a minimum of 120 days beyond, will that still be within the plan of attack in biding time?

Hopefully, one’s Federal Disability Retirement filing with OPM will go smoothly; but in the event that all of the proverbial bumps on the road are encountered in your particular journey, it is important to consider the extent of biding time during the process.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal & Postal Employees: Staring into nowhere

Except in the slumber of darkness, it is an impossibility of a feat unperformed; yet, the metaphor itself works well, because we all engage in those periods of vacant stares where someone suddenly nudges you back into reality and comments, “It was as if you were lost in thought.”  What does that really mean?

The fact that we can stare, perceive through organically mechanistic means of refractive light upon the cornea of our eyes and yet fail to be “conscious” about the bodily functioning of organs designed to perceive, evaluate, analyze and judge so that other predators may not surprise us for their mealtime delights, is indeed a mystery that evolution cannot fully account for.  Staring into nowhere is the physical capacity to be awake, fully conscious and have perfect vision and eyesight, and yet “see” nothing beyond the point of one’s protruding nose.

In an analogy or even a metaphorical sense, it is the loss of hope because of an inability to see a future bright and with excitable anticipation.  Remember those youthful days when the future yet remained as a potentiality unfulfilled and unable to be fully foreordained because of the unfettered plenitude of energy unbounded to be released forevermore?  We could barely contain the excitement to “get out there” and “show the world” what we are made of, the unleashing of one’s creative energy ready to “wow” the universe that had never seen the likes of such talent and reserve of energetic innocence.

And then something happened.  Life intervened; love paused; a leave of senses occurred.  Or, more likely, we encountered others who had the same hopes and dreams, and recognized that others had already trampled upon the unspoiled grounds of sacrosanct altars, and there was little left for us.  Then, with wisdom and experience somewhat under that proverbial belt, we moved on and adopted some more “realistic” goals, and were perhaps all the more happier for it.

Then again, perhaps a medical condition intervened, and a further and “real” reality set in – one that continued to debilitated and progressively destroy.  Medical conditions can do that to a person, and an agency’s insistence upon antagonizing and creating a hostile work environment somehow adds to the turmoil.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the only way to ultimately escape that vacant staring into nowhere, precisely because it allows for a vantage point of future security to be recognized.

Staring into nowhere, while escaping into the impractical world of daydreams, may allow for relief for a moment, but the more effective perspective is to look at one’s circumstances, assess the Federal agency or Postal Service’s capacity to denigrate and destroy, and begin taking those steps in preparing for one’s future by considering filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire