Legal Representation on Federal Disability Retirement Claims: That voice within

Whose voice is debating within the insular corridors of the otherwise silent individual?  Which one is the dominant voice, and how does one determine if that particular voice should be the one which attains such a prominent status and stature within the cauldron of one’s own thoughts?

We assume, of course, that when we are pondering within the insularity of our own thoughts, that the voice which speaks within is our own voice; but is it necessarily so?  Yes, yes — the traditional concept of “madness” will begin to encroach, of strange voices which begin to invade and intrude, and where schizophrenia is considered the likely explanation whenever “other” voices are considered.

But that is not what is necessarily the case.  It may be that the voice within is simply a regurgitation from a memory stored long ago — perhaps of one’s parents; a friend; an old school chum; a brother, sister or a cousin; and it is retrieved as an amalgamation of many others, besides.  More importantly, who determines the validity of what is being said, the subject of debate and the substance of the winning argument?

The danger of a soliloquy is that the lone figure who tries to figure things out on his or her own may not have all of the facts or information at hand which can lead to the right decision being made.  An unheard conversation undertaken and engaged by a singular voice may be no discussion at all; it may merely be a wrong-headed delineation based upon errors in fact and missteps in logical analysis.  That is why it is important to consult a person who specializes in a field and is knowledgeable at the outset, so that the facts gathered and the analysis conducted are sound methodologies based upon superior analytical insights and resulting in expert advice.

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 gather the necessary and pertinent facts about the entire process, the known administrative facets and pitfalls, etc., so that a superior decision can be reached in 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, so that the voice within will avoid the mistake of listening to too many voices without which may lead him or her down the false paths of misinformation.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: The human drama

There are other dramas, of course — of lions and similar predators; of insects beneath leaves dripping in the steam of rainforests deep within the jungles of equatorial regions rarely visited; of dogs chasing cats and cats chasing mice; of rabbits scurrying to avoid the claws of a hawk or an eagle; and then, of the human drama encompassing life, living, pain, sorrow, happiness, joy, hope and failure, all bundled up into communities where strangers walk about with smiles no longer reflecting joy or a frown implying sadness, but just an empty stage echoing from the scene that was acted out the day before.

The human drama is distinct and distinguishable from other species’ discourses of acting that may embrace the spectrum of emotions, for it is played out not merely by facial expressions, roaring of voices or whimpering of cries, but through the medium of language.  Language is the manner in which the drama is played, viewed, acted and depicted; and that makes for all of the difference in the world.  It is, as Shakespeare’s character surmised, as if all the world is a stage where each bit plays his or her part; and it is by language alone that the human drama is played.

What entrance fee is charged; how much we are willing to pay in order to witness the playing out of a specific act or drama unfolding; and in what private living rooms or bedrooms we would select for a premier viewing, we all have our preferences.  What is comprised of in other species’ dramas, perhaps we will never know, and care not about; for it is the peculiarity of the intra-species comity of needs, wants, desires and clung-to hopes for the future that link us all within the drama of the human kind.

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 human drama has been magnified by the pain and anxiety compounded by the medical condition itself — of the daily fight against the pain or inner anguish; of the increasing pressures at work, complicated by threats of adverse actions, placing you or threatening to put you on a PIP; of possible termination looming on the horizon; and all the while, the struggle to maintain your health and equilibrium.

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 an option that should be considered by all Federal and Postal employees who suffer from a medical condition where the medical condition is preventing the Federal or Postal employee from performing all of the essential elements of the Federal or Postal job, to be filed with the U.S. Office of Personnel Management; and however one views the unfolding drama of the next scene or act, consulting with an experienced attorney who specializes in preparing, formulating and filing for Federal Disability Retirement benefits for Federal and Postal employees may be the best way of beginning the next Act of that human drama called “life beyond a Federal or Postal job”.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement from OPM: Feelings

There are appropriate contexts within which to consider them, as well as places, insertions, events and conversational modalities where it is partly or entirely irrelevant; but as with most things in life, the boundaries that bifurcate are not always clear and distinct.  When one is considering purely subjective circumstances, it is clearly the “appropriate” moment — of personal relationships; of a vacation to be taken; of emotions being considered.

In a court of law, it is probably not the best approach to take with a judge; although, in the sentencing phase or the “damages” argument to be made to a jury, it may be the singular force of persuasive impact that makes not only the distinction unclear, but the decision quite the decisive edge.

“Feelings” are to be reserved for puppies, late nights in bed with a fever, and how the toes tickle when lying on a grassy knoll in the middle of summer when the lone ant walks along the pathway of your bare skin.

Do we dare admit to them?  When you are in a heated argument, is it not an oxymoron to shout, “Feelings don’t have anything to do with it!”  For, what is the criteria to be applied when making a decision based upon them?  Does the spectrum of emotions never cloud one’s judgment?  Or can we, as we often claim, set them aside so easily, like so many automatons in those doomsday movies that have become popularized, where androids and mechanized juggernauts that have taken over the earth and tried to suppress humanity are now the very beings whom we always wanted to emulate?

And what of the French Existentialists and the horror of reaction to that old favorite, “Invasion of the body snatchers” — what was it that made it so fascinating, where beings were stripped of their souls and emotions were all of a sudden undone, extinguished and no longer relevant, where bodies devoid of feelings walked about the earth like so many empty tombs?

Feelings are funny animals; they make up so much of who we are, and yet we spend a lifetime trying to avoid the very essence of that which makes up who we are.

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 the Federal or Postal job, the anomaly concerning “feelings” becomes quickly apparent: for, confronted with having to prepare an effective Federal Disability Retirement application before an administrative body — the U.S. Office of Personnel Management — you are asked to remain “clinical” and antiseptic in the face of “proving” the medical evidence by the cold calculus of “the law”, and yet at the same time you are trying to convey your “feelings” with respect to the impact of the pain, the anguish of anxiety or the daily levels of profound fatigue felt.

It is a tightrope, balancing act that must be done with expertise, subtle techniques and an interspersing of line-crossing deftly engaged. Completing the SF 3112A, Applicant’s Statement of Disability, is the single most important form in preparing a Federal Disability Retirement application, aside from gathering the proper medical documentation and making the persuasive legal argumentation.

For, in the end, that lifetime of trying to suppress those “feelings” must be utilized carefully, yet at the same time you have to be persuasive enough to touch upon the emotional makeup of a fellow human being who, also, likely has had to suppress those same feelings in order to apply “the law”.  Go figure.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: A remnant of bygone memories

Memories are funny animals; they travel and traverse endless miles of countless eternities, over fences artificially constructed and through tunnels built within the deep caverns of one’s mind; and in the end, they represent only a slice of accuracy in the whole of what really happened.

Sometimes, even after decades of being together with a “significant other”, a remnant of bygone memories erupts.  Perhaps some scent, or something someone said, or a picture that jarred and shook one’s cobwebs from the recesses of the brain occurred without a deliberative consciousness to do so; and we say, “Oh, yes, when I was six years old, I remember…”  And a remnant of bygone memories surfaces, like a corpse buried with a tombstone long forgotten behind the churchyard overgrown with weeds, and a flood rushes in and ravages the soil by erosion of natural forces and digs up the caskets rotted by time, whispers and hidden secrets.

Were they ever forgotten, and did we simply allow them to remain in a corner of closeted images? Does a truly forgotten memory ever resurface by accident, or is it by fate, destiny, karma and coincidence that at a given place in time, we are suddenly forced to relive a time period buried deep within the unconscious triggers of a soul haunted?  Do we bury memories like we do to the dead, because to not do it would mean to allow the stench of decay to fester within the sensitivities of our inner health?

Encounters with reality and the problems of the day often provoke a remnant of bygone memories; it is, in the end, the present that we must face, within a context of past wrongs committed and previous difficulties perhaps too easily avoided, that come back to haunt us.

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 Federal or Postal job duties, a remnant of bygone memories can include serious medical conditions that trigger PTSD, depressive symptoms, anxiety and panic attacks.

Are they a valid basis for filing a Federal Disability Retirement application?  Yes.

Do they need validation from a medical doctor to affirm the foundation of a valid case?  Yes.

For, a remnant of bygone memories can impede and prevent the Federal or Postal employee from performing the essential elements of one’s Federal or Postal job, and it is that medical nexus between human memory, job elements and psychiatric capacity that in the end creates the foundational paradigm of an effective Federal Disability Retirement application, based upon a remnant of bygone memories.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The wish for erasure

Once, we used pencils because such implements are almost always accompanied by an eraser.  It was an acknowledgment of human imperfection, of the potentiality for making a mistake, and the realization that any extent of human activity should recognize the wish, the need and reality for erasure.  But that such corrections could similarly be made for lives lived, hurts fostered and damages perpetrated.  Yet, the historical requirement that has necessitated the wish for erasure has itself been erased, or significantly diminished – of a conscience instilled and allowed for maturation, where remorse, regret and readiness of heart for redemption touches upon the deeper essence of one’s soul.

Modernity has persuaded itself that guilt is but an anthropological myth created to make subservience a cauldron of psychological neediness.  Psychology is king; pharmacological stupor is the methodology for erasure, if not avoidance; and, what once we wished for in a guilt-ridden caravan of emotional remorse opening the door to forgiveness, regret and redemption, is now repressed to hide the once glorious sheen of the god in man, the elevated soul beyond the appetitive beastliness, and a lowering of that pinnacle of creation where we once walked leisurely beyond the garden of heavenly quietude, now banished from paradise into a constant flux of a state of war and cruelty.

Yet, despite attempting to destroy the wish for erasure, that goal to erase the wish for erasure has itself been an imperfect and unperfected initiation.  Somehow, the flame still remains, and like the eraser that never quite completely does the job, but allows for that faint image of writing to still remain, the wish for erasure leaves the humanity of man within grasp of redemption.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition necessitates filing a Federal Disability Retirement application with the U.S. Office of Personnel Management, the analogy of the pencil with the eraser is akin to the circumstances the Federal and Postal employee finds him/herself in:  Filing for Federal Disability Retirement is a means to start anew, by “erasing” the career one could not complete, but allowing for continuation in the private sector, perhaps another vocation, a second career, or a means to engage an activity for productivity in another realm.

The wish for erasure has always been a part of human desire, and preparing, formulating and filing an effective Federal Disability Retirement application is the closest one may get to reclaiming that redemptive opportunity to engage a future yet untold.

Sincerely,

Robert R. McGill, Esquire

 

Early Retirement for Disabled Federal Gov. Employees: Noted durations

Don’t you hate those “Apps” that reveal how much time you have taken to engage Activity-X or mindless-video-game-Y?

To engage in an aside for pure enjoyment’s sake is to get lost in the moment of leisure, to become engrossed and without a mind to time, problems of the world, circumstances of the present or the irrelevancy of one’s own station in life.  To read a book – perhaps of no great consequence, neither a “classic” nor a best seller of sorts; to push buttons in responding to a mindless video game; to have a silly electronic conversation with a spouse, a friend, a daughter or son aside from the seriousness of wisdom, guiding principles and life’s meaning couched in pointless meanderings without a compass of direction; and then we look down and realize that the cumulative duration expended has taken up a greater slice of our lives.

Now, that is irritating.  Yet, we cannot always and forever discipline ourselves to engage in the strict teleological essence of that which we are called to do or be.  Perhaps, in some former times when leisure was not yet an invented necessity, where finding basic necessities on a daily basis meant survival for that day or perishing in the pangs of growing hunger; or when our moments were occupied in service to a tyrant, a Lord or the King or Queen, whose very displeased nod could mean taking away one’s freedom and being banished into the dungeons of a rat-infested abyss where typhoid and other excrements of human dystopia ran rampaging through the horrors of a powerless populace; and of those times, people could with singular focus engage the toil of monotonous service without any mirth or joy but for a drunken state of euphoria here and there.

Do durations of time noted, in their aggregate, mean anything in the end?  If we have “wasted” such-and-such hours, or perhaps days and weeks that amount to a full year at the end of one’s life, does that mean that we have failed in our need to reach, to accomplish and complete the lifelong project of – what?  How many unmarked graves evidencing lives unrepentant for time wasted will be remembered for projects not completed?  We wait upon life, and life rewards by giving back silence.  We now have algorithms to show ourselves the extent of our wasted activities, and believe that we can improve ourselves by pointing out that which we stare at in wasting further time being anxious over noted durations that stand time still within the conscience of our own making.

For Federal employees and U.S. Postal workers who know the feeling of “waiting”, and have realized that noted durations mean that time has come to a standstill because of a chronic medical condition that simply will not go away, it may be time to prepare, formulate and file an effective 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.

Time does, indeed, stand still, and noted durations serve to reveal to us that time wasted is time never recovered, and remaining in a constant state of fear because the medical condition has “angered” or otherwise irritated members of that “team” you once served in your former and healthy capacity, will never get “better” by staying put.  Noted durations are for those who want to remain in a perpetual state of inactivity, and for the Federal employee or U.S. Postal worker who needs to move onward to the next stage of life, such noted durations only serve to hold us back from throwing off the shackles of conventional and normative lives that whisper not the brightness of tomorrow’s future.

Sincerely,

Robert R. McGill, Esquire