Tag Archives: opm workers compensation not on duty employee

Office of Personnel Management (OPM) Disability Retirement: The Idiot

Of course, it is the title to one of Dostoevsky’s lesser known works — or one which few have read.  The author, of course, is the great Russian novelist — who wrote long and arduous depictions of psychological compendiums that only a person of great patience can read.

It is assigned in some high schools; perhaps, still in some colleges; then, after exiting the world of academia, it is quickly forgotten.  It is like many books: claimed to have been read by many, but which are actually only glanced by a very few.

There are other books similar to it: Not in plot or character, but in the fact that few read them — Tolstoy’s works; Arno Schmidt’s, Bottom’s Dream; and others.  But of The Idiot — its central character is a man who is simple and good, but it is in his simplicity and goodness by which people question his intellectual intactness.

And there is a point to that, isn’t there?  We have become so tainted with cynicism that we equate moral virtue with cautionary ineptitude.

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 — be wary of approaching your agency, your postal manager, your Human Resource Office, or even the U.S. Office of Personnel Management, with an attitude of simplicity and goodness.  For, if you do, you may end up like the character in Dostoevsky’s work, The Idiot.

Instead, contact a Federal Disability Attorney who specializes in Federal Disability Retirement Law to help you maneuver through the bureaucratic morass of a Federal Disability Retirement application, lest you end up being characterized by that term in the truly pejorative sense of the word.

Sincerely,

Robert R. McGill, Lawyer

 

OPM Medical Retirement under FERS: The Promise

Can you make a promise to yourself?  What would that look like?  Would it be valid and binding?  If not, how would we “prove” it?  Perhaps in a similar manner as Karl Popper’s “falsification” approach — of being able to come up with conditions under which a theory or a posited application can be “falsified”?

Take the following hypothetical: A man sits in a cafe and is clearly upset; perhaps he makes unconscious heaving sounds, and tears stream down his face.  A friend of his happens to visit the cafe, enters, sees his friend in distress and sits down at the same table, uninvited.  “What’s the matter?” the friend asks out of concern.  Hesitant but clearly wanting to share his feelings, the individual queried answers, “I broke a promise, and I feel really terrible about it.”  Pausing — for, despite being his friend, this particular person has a reputation for exaggeration and overstatement — he forges onward bravely and asks him to “share” his story, believing that empathy is the better part of valor.  “Well, I made a promise that… [and the reader can fill in the blank following the ellipses].  And I broke it.”  The friend, concerned and puzzled, asks: “And who did you make the promise to?”  The distraught Person A looks up, tears still streaming down his face and states calmly, “To myself, of course.”

Can such emotional turmoil remain commensurate with the fact of a broken promise made to one’s self?  Can a unilateral promise be binding, or can it be broken with as much ease as the creation of it in the first place?

We all make promises to ourselves, and perhaps an argument can be made that the very essence of “character” and “integrity” is revealed in how scrupulously one abides by those promises made and kept by and to one’s self — even if others don’t know about it.

For Federal employees and U.S. Postal workers who must contemplate filing for Federal Disability Retirement benefits under FERS, through the U.S. Office of Personnel Management, the promises made, thought of, kept or broken may make a long list in a cruel world of treachery and misstatements.  Perhaps you made a promise to yourself that you would make the Federal Service into your lifelong career; or, perhaps it has to do with not wanting to “give up”.  Whatever the promise, life intervenes and we all have to adapt to the changes of tumultuous circumstances.

Filing for Federal Disability Retirement benefits under FERS is never a broken promise, no matter the soliloquy spoken or thought left unspoken; rather, like the friend who comes into the cafe to give some comfort, it is a reminder that there are choices and options in life that may be a better fit than to remain miserable with a job that is no longer consistent with your medical conditions.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Trapped, the feeling

It is an unmistakeable sense; of panic which may ensue, or a narrowing of the universe where being shuttered, the walls shrinking, a sudden and overwhelming feeling of claustrophobia; and of physical manifestations, of an inability to breathe, of constrictions and lameness of limbs; it is all of being trapped, the feeling.

It need not be in a physical sense; a psychological condition that is just as real as the reality of the chair one sits upon; but others cannot see it, empathize about it nor conduct one’s actions toward ameliorating the condition; for, in the end, being trapped, the feeling, is an existential condition that can only be cured by first recognizing the source of one’s situation.

Observing an animal, trapped can evoke an empathetic comity of such feelings; we “know” how they “feel” just by the mere manner of actions they reveal.  The pacing back and forth; the eyes which tell you of their anxiety and distress; and constant movements in a frenzy of attempting to escape.

We have all been beset with being trapped, the feeling, and not knowing where to turn to, how to escape, what to do.  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, being trapped, the feeling, often accompanies one’s situation when handling both the medical condition and the reaction of the Agency or Postal Service.

The vicious circularity that begins to swirl like the formation around the hurricane’s eye or the tornado that touches down upon flat plains near an unwary midwestern town — of the increasing pressures being placed by the Federal Agency or the Postal Service and the need to attend to one’s medical conditions — at some point, something has to “give”.

Preparing a Federal Disability Retirement application, to be ultimately filed with the U.S. Office of Personnel Management, is often the “escape route” available.  As to understanding the various exit points, the method and manner of escaping — for that, you should consult an attorney who specializes in preparing, formulating and filing a Federal Disability Retirement application, and one who performs the practice of law exclusively in the area of Federal Disability Retirement.

Being trapped, the feeling, is never a “good” feeling; but consulting with an attorney who specializes in finding the best approach in formulating an effective Federal Disability Retirement application allows for its opposite and positive feeling: being freed, the sense of elation.

Sincerely,

Robert R. McGill, Esquire

 

Filing for OPM Disability Retirement: The image we cling to

Whether of a “bad boy”, a “choir boy” and some other like, “He is such a quite, obedient and unassuming young lad,” or even, “She is a real go-getter” — whatever the image created, whether by our own manufacturing or by the reputation pasted upon by others, the image we cling to can remain with us such that it haunts and trails like the residue of those ghosts of Christmas past.

Are reputations and images one and the same?

They certainly cross over from border and fence to similar lines of demarcation, such that the jumble of what others say, think and believe about you are an admixture of one’s self-image, the reflection of how we think about ourselves and what we believe others believe about ourselves.  Changing the image we cling to is often difficult; believing in the change, nigh impossible and rarely achieved.

Whether from the incremental and sometimes insidious perpetuation from the subconscious destructiveness haunting one from a childhood past, or of reinforced negativity from bad parenting or abusive relatives, an image is a residue of a tapestry complicated by those unknown circuitry making up what is generically identified as one’s inner “conscious” life.

It is, as some philosophers would put it, the “ghost in the machine” — of that something “other” that eerily floats about above and beyond the collection of cells, genetic matter and neurotransmitters.  It is “who we are”, or more aptly, “who we think we are”.

For Federal and 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 image we cling to is often the one that prevents us from doing that which is best for ourselves.

We think of ourselves as hard-working, conscientious, never-a-slacker, and conflate that self-image with performance ratings, step-increases, promotions and awards, and it is that compendium of reputation-to-self-image that marks our downfall when a medical condition hits the brick wall of reality.

What are our priorities?  Do we cling to the images manufacture, at all costs — even to our own detriment?

Preparing a Federal Disability Retirement application, whether under FERS, CSRS or CSRS Offset, is a silent admission that the image we cling to may not be the reality one hoped for; but to live in an alternative reality when one’s health is at stake, is to ignore the obvious, and to fall prey to the destructive tendencies of an uncaring world.

Filing a Federal Disability Retirement application with the U.S. Office of Personnel Management is not to destroy the image of ourselves that we cling to; rather, it is merely a recognition that we, too, are human and imperfect, and it is the shedding of perfection that is often the greatest problem we face.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement Attorney: Negating the Sense of Panic

It comes upon all of us; the stealth of the sapping subtlety; the interruption of sleep, once removed in the quietude of dawn’s calm but for the far echoes of distant yearnings once deliberated, but as in the morning dew which forms soundlessly upon the bending blade of beatitude, the slow slide and dissipation tells us with an alarm that awakens:  What am I doing?

Panic is the alarm system which propels with an urgency, and often it results in the furious activity of unproductive futility.  Are we merely spinning our wheels?  A sense of one’s fate, the inevitability of timeless onslaught; these are all buttons pushed which call upon a person to act.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact and prevent the Federal or Postal employee from performing the essential elements of one’s Federal or Postal position, the sense that “something” needs to be done is always just around the next proverbial corner, and leaves one with the feeling of unease and panic.  And while King Lear may admonish his daughter of brevity by noting that nothing comes from nothing, the “something” which we do should not be merely engaging in acts of futility, but constructive advancements toward a teleological embracing of an identified goal.

Preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, for the Federal employee and the U.S. Postal worker, is a concrete goal with tangible benefits to be accrued.

As panic is an ephemeral but powerful sense of the unknown, the antidote to performing non-constructive modes of activities is to recognize, identify and initiate a concrete process with actual ends; and for the Federal or Postal worker who has realized that continuation in the Federal or Postal job is no longer a viable option, preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, will help to negate that nagging sense of panic, and compel one towards a constructive and productive future.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Purgatory Reverie

The state of the intermediate, the surreal loss of traction in suspended animation; of trying to jog on ice, or to reach a destination traveling on a treadmill; this is a sense one is left with in dealing with a juggernaut of a bureaucratic morass.

In this day of immediacy, where the instant satisfaction of wants and the now of gratifications is met and reinforced by the push of a key, the click of a mouse, and touch of a sensor; and as virtue is no longer looked upon as a necessary ingredient of character, but rather an irritating obstacle to a material goal, so patience cannot be wanting where fissures have widened to such an extent that chasms have created chaos.  Planning ahead is always the key to the timely confluence of achieving the stated goal.  And then some. And perhaps even to multiply the waiting time by a factor of 2.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal and Postal worker from performing one or more of the essential elements of one’s job, it is precisely that inherent self-contradiction of the constancy of being forever suspended, which gives rise to frustration and turmoil.

Much of it is in anticipation of what the Agency, or the U.S. Postal Service, will or will not do.  Will they initiate an adverse action during the process?  Will they approve the discretionary LWOP request?  Will they “support” the Federal Disability Retirement application, or attempt to undermine the procedural march towards OPM’s approval?

Waiting upon an agency is never a good idea; neither in deciding to move forward on a Federal Disability Retirement application, nor in trying to make an educated guess as to what the agency’s reaction would be (or, in dealing with one’s agency, is it an oxymoron to concurrently use the terms “educated” and “guess”?).  Agencies move at their own pace, and do what they want, when they want, as fiefdoms and totalitarian republics are decidedly meant to provoke.

It is never a good idea to make one’s decision concerning preparing, formulating and filing for Federal Disability Retirement benefits, whether one is under FERS, CSRS or CSRS Offset, by waiting upon an agency’s actions; for, the immediacy of ignorance may never come about, or suddenly be initiated yesterday; and as purgatory is in and of itself a reverie of angels suspended in timeless harpsichords of orchestrated serenity, so the ill Federal or injured Postal employee who thinks that it is a good idea to wait upon the Federal agency or the U.S. Postal Service before initiating a Federal Disability Retirement application, will of course remain lost in the long and winding road leading to the pearly gates of tomorrow.

Sincerely,

Robert R. McGill, Esquire