OPM Medical Retirement: The Cousin: The Stifled Yawn

The more you try, the harder it is to keep it concealed.  You may not even be tired.  You may have had a good night’s sleep; but “the yawn” is interpreted in one of two ways: Either you are tired, or you are bored.

And in the situation you are in, either interpretation would not be acceptable.

And so you attempt to stifle it; sit up straighter; widen your eyes; take a deep breath; act as if you are stretching your neck, first to the left, then to the right.  But the more you try and stifle the yawn, the greater the hardship and it is as if there is an involuntary force emanating from within.

Life itself is like that.  You struggle, you try, you do everything to “stifle” the problem; but instead of going away, “it” keeps looming larger.  Medical issues tend to work that way; for, whether you actively go and get treatment for the health condition, the chronic and progressive nature of the medical condition seems to loom larger.

For Federal Gov. 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 basic elements of one’s Federal or Postal Service job, the vicious cycle of the “catch-22” keeps coming back: the more you attempt to work, the greater the stress upon your medical condition and the exacerbating side effects.

When you have come to a critical juncture in your chronic medical condition where it becomes like the stifled yawn which will not be suppressed or repressed, contact an disability lawyer who specializes in OPM Disability Retirement Law, and let not the stifled yawn turn into a sudden crisis where life’s dominance of difficulties begins to loom to large.

Sincerely,

Robert R. McGill

Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

OPM Disability Retirement: In How We See Ourselves

When does the development of the “Self” begin?  How does a personality form?  Where does uniqueness begin, eccentricity spark and individualism falter?  Is there a specific timeline in terms of months or years?

Anyone who has been a parent or grandparent recognizes the point at which a child begins to become conscious of the “self” — a gradual development from “baby” to “toddler”, where greater awareness of the objective world, the various parts of one’s body, the reflection in the mirror, the status of one’s existence and the place one holds within the greater universe, etc.

Later in life, there comes a critical point in how we see ourselves — of having self confidence; of whether we possess a “positive image” of our place within the world; the daily moods we embrace; the self-image we carry about with us throughout society, etc.  For many, it is a struggle — and when a medical condition impacts us, that “self-image” of how we see ourselves can be brutally challenging.

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, how we see ourselves may compel you to begin preparing for Federal Disability Retirement.  For, aside from how we see ourselves, the priority of first taking care of one’s health and not allowing for your career to completely destroy your health, should be the priority of first concern.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law, and move beyond what your Federal Agency or Postal Service has done or not done to impact how you see yourself, and instead, take care of the number one priority in how we see ourselves, by taking care of yourself.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

OPM Medical Retirement Benefits: Swords and Shields

It is often in the manner by which one utilizes and applies an implement, which determines whether or not to characterize the tool as either a “sword” or a “shield”.  Thus, a shield used to pummel an opponent is to use the defensive tool as an offensive weapon, and the use of a traditional sword in parrying in order to ward off an attack, is to use the sword as a shield.

Words; language; “the law” — all can be used in offensive ways, as well as by defensive maneuvers.  Preemptive argumentation can be considered as both a sword and a shield, depending upon how the reasoned soliloquy is presented.

For Federal employees and U.S. Postal workers who are preparing, formulating and filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management under FERS, it is important to weave one’s legal argument both as swords and shields — providing legal citations, argumentation, reasoned explanations, etc., in presenting why you meet all of the legal requirements and criteria encompassing the global compendium of issues which need to be addressed, from invoking the Bruner Presumption when applicable; to explaining why the Bracey standard of accommodations has been met, and to preemptively strike against anticipated objections which will be plentiful and appearing to be valid, as argued by OPM.

Contact a Federal Attorney who specializes in Federal Disability Retirement Law, and make sure that your swords and shields are adequately used and properly applied.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

Federal Disability Retirement: Steps, previous and next

What happens in taking the next steps often depends upon how one has already approached the previous one, as steps form a sequence of elevating or descending cadence of activities, whereas a misstep constitutes a breach of that unbroken continuity of actions.

There is the “before” and the “after”, where each step in the travels and progression depends upon the latter, contingent upon the former, and together form the sequence of activities that comprise the conceptual singularity described as “walking”, “running”, “coordinated movement” and “advancing”, as well as a host of multiple other verbs and grammatical descriptions of various sorts.

Not every step in a formulated sequence must by necessity be consistently adhered to; for, sometimes there may be a skipping over the intended sequence, or one may by deliberated adaptation to changing circumstances disregard one, jump ahead by a series of 2 or more, or perhaps even make a misstep and recover by furiously advancing in order to make up for lost time or energy.

One may “get away” with doing that when referring to the simple act of walking or running; if, however, one is speaking about engaging a legal process, like preparing, formulating and filing an effective Federal Disability Retirement application, to be filed through the U.S. Office of Personnel Management, it may be important to take the mandated sequence of steps, ensuring that the previous and the next one complies with all rules, statutes, regulations and legal precedents in order to comply with all bureaucratic requirements.

Thus, for the Federal employee and U.S. Postal worker who needs to file a Federal Disability Retirement application, to be filed with OPM, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the key to a successful outcome in pursuing a Federal Disability Retirement annuity is to follow precisely and accurately the steps, previous and next.

Yes, walking is something we all learned to do from infancy forward; running came naturally as a young lad needing to release the pent-up energy of youth; and progressive advancement became the paradigm to follow as adulthood inevitably came onto the horizon of our lives; but when it comes to preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, it is the steps taken, previous and next, which can determine an approval or a denial in the complex administrative process called “Federal Disability Retirement”.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Transformations

It is a grand concept, a larger-than-life idea and often referred to in the context of a personal “Ah-ha” moment; of transformations, we hear often enough the talk of schemes to overturn, uproot, change, alter, do a complete make-over and revolutionize this or that.

In politics, we hear about this or that “transformational” figure; of new inventions, that it will “transform” the way in which we live; and of personal moments of lives that need to be or otherwise require change, we learn that this or that person was “transformed” by this or that experience.

The truth is, there is rarely an event the lives up to the boast or infamy of such a concept, and the reason is quite simple.  Just as in life itself, the organic changes that occur in nature – of the Darwinian foundation based upon the survival of the fittest mechanism – do so in subtle, slow and incremental, mostly imperceptible ways.  Nature does not favor transformations on a grand scale; it instead cautiously approaches slight and moderate alterations, in slow and steady, incremental steps, precisely because it is weary about changing something when what has been has worked quite well, thank you.

For most people, transformations in life follow upon a parallel course and conceptual model; major overhauls are disfavored; a new route slightly altered, an addition to the family, an alteration of a minor issue, etc.  Changes of any kind can be tumultuous, precisely because regularity is what we rely upon in order to maintain a semblance of sanity within the sphere of our own influences.

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 worker from performing one or more of the essential elements of the Federal or Postal position, the medical condition itself can be a very unsettling, “transformational” experience.

Dealing with any deterioration of one’s health can be a traumatic event; to 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, can be a further event of transformational significance.

It would be nice if there was a more subtle, incremental alternative; but, sometimes in life, as unfortunate as it may be, a transformation of sorts is the only viable choice to make, and one should in such instances recognize that – whether against the tide of nature or not – one’s health should be the sole and transformational focus when considering filing for Federal Disability Retirement.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The vibrancy factor

There is much talk these days about energy, vibrancy, health and stamina; what defines it, that which best represents it, and to whom we attribute the importance of superficial concerns.  This is an age of appearances, and it has been now for many decades.  We still hear talk about the disjunctive opinions embracing the first televised debates between Kennedy and Nixon – how, for those who viewed it, the former “looked good” and the latter appeared “drawn and shady”, with dark shadows under shifty eyes in contrast to the well-tanned presentation of the former.

For those who didn’t have access to a television, or otherwise sat forlornly in a corner pub sipping the froth and listening somewhat distractedly, the voices emitted from the trusty radio transmission evoked a different opinion and perspective:  Nixon won the debate, and Kennedy sounded less confident, less knowledgeable on the substantive issues.  So, who was right (note the past tense, as most who were old enough to pass such monumental judgments have already entered through the corridors of Dante’s Circle)?  Or, is the judgment of “right” versus whatever other categorization one may presume, of irrelevance, and it is all a pot of bosh left to subjective opinions cascading down waterfalls of opinionated tropes?

There is, in the end, a vibrancy factor which we all care about, whether or not it shows, or to what television personality we may attribute such sustained bursts of energetically deplorable innuendoes.  “Charisma” was associated with the Kennedy presidency (likely imparted by the conspirators and inner circle of advisors and political hacks), and the entrails of Nixon’s later administration became an emblem of who we are today (yes, he must be turning in his grave when comparing notes with today’s standards as to what constitutes high crimes and misdemeanors resulting in insinuations of impeachability).

For the rest of us, however, the vibrancy factor is a very simple matter:  Do we live life with a liveliness of hope, or dread each day with the burden of despair?  That simple bifurcation defines most of us.  For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition burdens and drags, and depletes and destroys – the choices are fairly simply and straightforward:  Stay, walk away with nothing, or file for Federal Disability Retirement benefits.

The first of the tripartite is rarely a true option if Federal Disability Retirement is being contemplated because of a medical condition; the second, barely to be considered because of the time already invested and the question of one’s future stability is asked; and so the Federal or Postal employee suffering 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, must ask and consider the viability of the “third option” – Federal Disability Retirement.

For, in the end, the vibrancy factor rules us all, whether because we attribute self-worth and society’s superficial concerns to the advent of television or not; “vibrancy” has to do with life itself, and the innate charisma of a soul battered and pushed about, but rarely beaten until life’s loss of vibrancy takes its ultimate toll.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement Benefits: Linguistic Machismo

The term is derived from Spanish origins, and it is that characteristic which contributed most to the rise of Hemingway’s fame, and his ultimate act of self-destruction.  Of bullfights, big-game hunting, reporting amidst the Spanish Civil War, leaving unmentioned his encounter with death and devastation from his experiences in World War I, resulting in the Phoenix rising through his unforgettable fictional characters, Howard Krebs and Nick Adams, whose souls have been damaged beneath the surface of any physical manifestation of wounds or injuries, where reconnection with society, its rhythms of daily living and silliness of interests, can no longer be possible — these comprise the defining events of the meaning of the word itself.

Combined with the compounding prefix, it delineates the approach of modernity in engaging in communitarian communications.  You know — of bombast and lambaste; where subtlety of meaning is left without room for doubt, connotation, denotation or a question mark, but merely a hyphenated sense of an unstated thud followed by an exclamation point.

The famous debaters have now faded into the antiquity of forgotten dustbins; Lincoln-Douglas; Buckley-Vidal; the courteous but inquisitive Dick Cavett show; and the late-night show of Johnny Carson, whom many consider to encompass both intelligence and complexity of thought, especially when compared to parallelisms truncated by modernity.  Civility is gone; subtlety as an art form is all but lost; the only teleology of choice these days focuses upon the viral nature of a YouTube video, and only if it trumpets the extreme with the blare of sensationalism.

This approach — of linguistic machismo — has crept into the narrative of today.  Leaving aside the repugnance of the term for feminist causes, the substance of the concept implies an aggressive tone in setting forth a narrative.  The problem with engaging in such a consistency of intolerance in conveying as a vehicle of communication the toughness of a “no-holds barred” language game, however, is that it soon and quickly loses its efficacy.

Even an elephant struck repetitively to move the lumbering animal will develop callouses which defy the oncoming blows of future pain; encouragement by blunt force trauma is a discouraging device over time, if used without discretion.  Incessant screams become deafening to ears sensitized; physical pain becomes numb to repetition; repetition itself creates a havoc of unnoticed constructs; and so it goes.

This can be a lesson to Federal employees and U.S. Postal workers who are attempting to construct an effective narrative in preparing one’s Statement of Disability for submission of a Federal Disability Retirement application.

When the Federal or Postal applicant for Disability Retirement purposes envisions who will be reading, reviewing and analyzing one’s Statement of Disability (as posited on SF 3112A), it is well noting that the Administrative Specialist who will be making a decision at the U.S. Office of Personnel Management, whether under FERS, CSRS or CSRS Offset, will have hundreds of cases to get to; and from that caricature of a singular soul peeking out from a mountain of files, the subtlety of a whispering voice immersed in truth, objectivity, and persuasive force of argumentation quietly encapsulated by law and proper documentation, will be the light which shines from the darkness of ineptitude, where even the emotionally-damaged, fictional heroes of Hemingway’s short stories may shed a tear now and again.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Of the Charmed, Charted or Chartered Life

Of the troika of possibilities presented, the first is rarely available or even an option, if by a “charmed life” is defined as one where wealth is never a restrictive element, potentiality is ever compensated by unlimited resource, and freedom to choose — whether an unproductive, leisurely lifestyle or one which mixes pleasure with some semblance of “doing something” — is but a whim of desire and utterance of a command.  Few of us have this option.

As for the second — of a charted life, where cultural conventions, societal norms and limited possibilities structurally imposed by birth, circumstance and family lineage — this characterization is fast receding into the dustbins of antiquity.  For, we no longer believe that one should be constrained by outside forces — whether of teleological originations or based upon genetic dispositions.  The “charted” life — where an omnipotent external derivation or an internal, evolutionary mandate, matters not; it is, instead, the belief that the stars guide our destiny, and the hubris of Shakespeare’s characters cannot be altered by the sheer willpower of an internal desire.

Then, of the triumvirate, we are left with the third and last — of the “chartered” life, where we recognize the finite character of our existence, borrowed from a slice of timeless history, having to live the consequences of actions preceding our use of the vehicle, and appropriately adjusting the capacity to move forward based upon the present condition of our circumstances.

Do we drive the conveyor ourself, or allow for the owner to send a captain of a ship for which we have paid?  That often depends upon whether we can be trusted with the talents we are born with, the resources we inherit, and the burdens of responsibilities which we voluntarily embrace.

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 positional duties, the question is often likened to the options presented before the last of the triplicate:  At what point do we take charge of the chartered life, and begin to steer and maneuver beyond the pitfalls of life’s misgivings which have been presented?

Filing for Federal OPM Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is part of the responsibility of the Federal or Postal worker who can no longer perform one or more of the essential elements of one’s Federal or Postal position; and when the U.S. Office of Personnel Management denies a Federal Disability Retirement application, it is up to the chartered life to have charted the course of destiny towards a life more charmed.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Of things (which should be) hidden

Perhaps it is a moment of repose, when relaxation allows for an unflattering silhouette or an act with hands which reach for things not publicly accepted; or of an insight into the depths of a soul, better left concealed, congealing unexpectedly before one’s eyes despite best or better attempts to suppress or repress.

We all assume certain aspects of a person’s life, and when they appear not within the slice of images presented to the public eye, we do not take notice because the presumption remains throughout.  Thus do bathroom scenes remain irrelevant throughout most of the history of film, and have only made their debut as titillating artistry masked as prurient creativity encroaches in subtle increments upon our sensibilities (with the obvious exception, of course, of Hitchcock’s scene of the curtained shadow).

Somehow, despite our incessant clatter of protestations to the contrary, the privacy of our lives become exposed and elevated to a pedestal of a declarative rumination, like the child-actor who accepts the adoration of public applause in place of the denied love of a parent.  The lowest of our essence tends to congregate in bunches of time, place and people; perhaps, as like attracts like, and similarities of venturesome teleologies aggregate for symbiosis of common causes, so the ugliness of humanity seems always to find its way where innocence abounds and the naive output is counterbalanced by the depravity of so many soulless zombies.

So it is in the workplace, where the ugliness of human character tends to reveal itself.  But that we wish for privacy, and for the sheer meanness of the human spirit to remain hidden.  The skin is an organ which covers, and for that we may be thankful — as the inner organs of man were never meant to be exposed for viewing where beauty is replaced with the stark reality of who we are.

For Federal employees and U.S. Postal workers who must continue to go to work despite the deteriorating and progressive presence of 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 positional duties, the persistent exposure to things which should remain hidden, often becomes a constancy of unrelenting corridors of shame.

Just as divorce merely widens the microscopic fissures of that which the child already sensed, and the secrets leading to wars were already well-known by enemies and allies alike, so the facade which allowed for amiability and camaraderie suddenly crumbles, and the ugliness of humanity exposes itself.  Why is it that of those things once hidden, they suddenly become public and unconstrained?  And in the very midst of medical conditions and human plight which should engender empathy and consolation, the increase in harassment and progressive punishment exponentially facilitates.

For the Federal employee or U.S. Postal worker who finds him or herself in such a situation, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management becomes not merely the least of options remaining, but the best alternative to a deteriorating circumstance.

And of those things which should have remained hidden?

Like vestiges of timeless reruns from an era veiled by innocence, the reels of fading images defy the reality of our day, and the best course of action is to prepare an effective Federal Disability Retirement application, to be submitted to OPM so that the escape hatch can invite a gust of fresh air where once the stuffiness of a stale and toxic environment was suffocating the very life out of our soulful existence.

Sincerely,

Robert R. McGill, Esquire