Federal Employee Disability Information: Options

The telephone-recorded options are the most irritating of all, of course — for, if you hit the wrong one, or fail to remember the correct numeral identified after being offered an endless litany of alternatives, none of which quite fit what you are looking for, then you have to wait until a further option is offered to go back to the general directory in order to once again choose the option offered.

Have such recordings become more irritating as time has passed, or is it that we have become so numb to so many such encounters that we have lost patience with that metallic voice that has replaced the human one?  What is it about a recording that gets us so incensed?

Objectively, isn’t it all the same — we never “meet” the “person” anyway, whether it is a recording or a “real person” on the other end of the line: both are mere voices, but why is the automated recording so much more irritating than a live person?  Is it because we know the futility of landing a sarcastic response to the recording, as opposed to slamming our frustrations upon an individual who possesses feelings, and whose day we can potentially ruin by shouting, yelling, demeaning and spewing forth destructive epithets to and against?

In life generally, we all have them — options.  Sometimes, we are confronted with too many, and thus are left with a confounding sense of confusion.  At other times, the options are “there” somewhere, but we just don’t know them because we are too blind to the ones hidden or too stubborn to concede our ignorance.  In those instances, it is best to consult with someone who can present the options hidden, those unstated, or otherwise unknown.

In some circumstances, of course, the options available may be severely limited — as in a 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 the Federal or Postal employee’s essential job functions.  In such situations, the limited options must be considered in light of the priorities one assigns to the values one accords: How important is one’s health?  Is the deterioration of one’s health as exacerbated by the job one is remaining in important enough to continue with?  If so, perhaps disability retirement is not the “right” option.

Stay and remain; resign, walk away or get terminated and do nothing; or file for Federal Disability Retirement benefits.  The three options presented must be considered in light of one’s health, the effects upon it if one remains, and whether the Federal Agency or the Postal Service will continue to tolerate one’s excessive absences, inability to perform many of the essential functions of one’s job, etc.

When, after the options are considered, the Federal or Postal employee decides to move forward 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, then it is time to consider further options as well, such as whether one wants to represent one’s self in the process, like the old adage of that person who has a fool for a client — of representing one’s self.

Sincerely,

Robert R. McGill, Esquire

 

Legal Representation for OPM Disability Claims: Hope & Plan

It is the latter that gives rise to the former; and the former that remains forlorn and tattered until the latter begins to take shape.  Hope without its latter partner, a Plan, is like the proverbial boat without a rudder; drifting amiss amidst the torrential currents of directionless pathways, being guided throughout by the vicissitudes of uncertainty.

One can hope for many things in life, but hope without a plan is tantamount to allowing a child to wander through a candy store without instructions or restrictions; unfettered liberty leaves one to one’s own devices that more often than not leads to self-destruction.

Whether “the plan” is a good one, a well-thought-out one, or a flawed shadow based upon a rational discourse of options considered is less besides the point than to formulate one in the first place.  Plans can always be modified along the way; adapted to, altered and changed in order to “fit the circumstances”, as every blueprint is merely the rough draft of a finalized product.

For Federal employees who are under FERS, CSRS or CSRS Offset who have begun to 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 the person’s Federal or Postal job, the “hope” is that the medical condition will soon go away, health will be restored and the Federal or Postal employee will become fully recovered.

Sometimes, however, hope’s desire fails to become fulfilled.  In such an event, hope needs a plan, and the plan is to prepare, formulate and file 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.

For, the solitary hope without a developing plan is likened to a piece of driftwood racing down the river of time; what you do not want to have happen is to travel so far down hope’s uncertainty where the waterfall meets the lack of a plan that dashes any hope left.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Information: The fatigue of hiding

That’s the rub, isn’t it — that we spend so much energy trying to conceal it, that by the time the truth comes out, we don’t even care, anymore, and are often glad for the revelation and the blessing of not having to mask it any longer?  Whatever the “it” is that we attempt to conceal, hide, ignore of otherwise fail to reveal, the fatigue of hiding it, the constant commerce engaged in bartering for more time, avoiding a direct encounter or otherwise trying desperately to veil the truth, leaves us exhausted and spent.

Is it, on the other hand, like a John Le Carre novel, where the secret that everyone is attempting to protect is already known by all powers, but the constant struggle to maintain its confidentiality is more for appearance’s sake, and not because of the vital information underlying the apparent need to conceal?

The fatigue of hiding is indeed the exhausting effort being expended for what is otherwise known, or more importantly, wasted upon the known when the value of concealing is far surpassed by the toil engaged.  Medical conditions tend to do that — whether in trying to conceal it from ourselves by downplaying and minimizing the pain and loss of flexion, motion, movement or other numbness of feeling involved, or by attempting to hide it from others, such as employers, family or even friends who show some modicum of concern.

For Federal employees and U.S. Postal workers who are trying desperately to cling on to their jobs in the Federal Sector or the U.S. Postal service, the fatigue of hiding can be overwhelming.  The factual state of affairs often defeats the continuing attempt to minimize and hide: the extent of LWOP having been used; FMLA already exhausted, and it isn’t even a new quarter; the piles of work being left unattended; and those furtive glances that are no longer established through suspicions of whispers and gossip, but clear rumblings of a Federal Agency that is moving to reprimand, warn, place on a PIP or propose removal based upon non-attendance or excessive use of Sick Leave; these are all clear indicators that the fatigue of hiding can no longer be further delayed.

Preparing an effective Federal Disability Retirement application under FERS, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee believes that the future still holds some hope for remaining at the Federal or Postal job, is an important first step in acknowledging that the fatigue of hiding has come to a critical juncture that necessitates a step beyond hiding it — it is the time of reckoning where the effort wasted upon concealment needs now to be turned into a positive step towards securing one’s future by preparing, formulating and filing an effective Federal Disability Retirement application, so that the fatigue of hiding can be turned back into that productive person of greater vitality you once were, and of whom everyone else once knew.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Representation: Hope springs

“Eternal”, of course, is the ending and attachment that most would declare if asked to fill in the blank.  How many of us know of the origin of the statement, what it means, from whence it comes (yes, yes, a Google search is only one finger button away)?  It is often an afterthought – a “throw-away” line that one scatters about in response to someone else’s statement about “hoping to do X” or having “hope that X will happen”.

The reactionary response that is commonly stated is, “Well, of course hope springs eternal.”   The origin of the saying comes from Alexander Pope’s work, “An Essay on Man”, where he wrote:

Hope springs eternal in the human breast:
Man never is, but always to be blest.
The soul, uneasy and confined from home,
Rests and expatiates in a life to come.

What was he referring to?  It could be interpreted in many ways – of a reference to a life hereafter and the reason for living, struggling and being tormented in this life, with a view towards an eternal reward; or, that so long as there is hope, things will change for the better if you just stick around long enough.

Without hope, the devastation of life’s turmoil may never allow for a person to get beyond this day; it is with hope that is kept in the human breast that the eternal promise of a better tomorrow becomes possible; for, otherwise there is just fatalism to look forward to, or as Pope stated, a state of existence where “Man never is”.

The word-pictures evoked from Pope’s work are beautifully put, and provide images that allows for multiple interpretations.  The word “springs” is a carefully chosen word, for it gives the idea both of calm (as in the tranquility of a running spring) as well as a jump forward (as in “spring forward”), and thus establishes multiple meanings when tied to the reference point of “hope”.

Hope, ultimately, is the ingredient that allows for life to live for a future yet undetermined and yet to be defined.  That is what is important for Federal and Postal employees who suffer from a medical condition, such that the medical condition is beginning to prevent the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal job.  For, what other hope is there than Federal Disability Retirement benefits?

As the ongoing medical condition and the deteriorating aspect of the medical condition begins to squeeze out any hope left; and the impact it is having on one’s career and future starts to question the viability of any hope to be had; it is hope from X to Y – i.e., a future with a difference – that allows for hope to foster and thrive.

That is why, for the Federal or Postal employee who recognizes that hope in continuing in one’s job is no longer a reality, it becomes important to consider preparing, formulating and filing an effective Federal Disability Retirement application, precisely because hope springs eternal.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Representation: The pecking order

Watching birds fly and cavort around a bird-feeder, one realizes that the term as applied to human conduct is not too far from the reality of the natural order of things.  There is, indeed, a “pecking order” in the world of birds and fowls aflight; it has to do with size, aggression, quickness and desire to survive. In other words, how birds behave is not too far afield from the way in which humans interact.

As children being thrown together in various institutions called “public schools”, we all recognize the concept of “the pecking order” – the sequence of priorities, of who dominates, which cliques attain a level of status and recognition, what is allowed and not, where one is invited to enter before or after others; it is the purest form of Darwinian natural selection, no matter what societal and cosmetic impediments and safeguards are put in place in order to engage in social engineering of one sort or another.

People think that this pecking order ends upon graduating from public school; that, somehow, release from high school ends this natural order of survival only for the fittest.  Yet, such pecking orders continue throughout – college; the military; the workplace; families.  They all require a pecking order of one kind or another, precisely because it is “natural” and the selection process is innately driven.

In the fowl world – both as “foul” and “fowl” – birds get to feed from the best and choicest sources based upon size, aggressiveness, and bravado displayed in standing one’s ground.  It is often the same with the human world of foul interactions, despite our claim to having become “civilized” and sophisticated, beyond reproach, somehow now asserting our independence and detachment from the genetically determined patterns of behavior.

More and more, however, it becomes clear that we are never exempted from the essence of our natures.  Aristotle may have asserted the grand stature of man with his rationality and capacity to cogitate, but the reality is that the ancient Greek civilization would soon become overpowered and dominated by the most basest of human instincts – of conquering by might and strength.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to manifest, to reveal, to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal positional duties, it becomes clear that the old “pecking order” approach again will dominate.

Federal agencies and the Postal Service will assert its cold dominance and indifference to the weak of this world, and weakness is never shown with greater vulnerability than when one must admit that he or she suffers from a medical condition.  Just as the fowls begin to take advantage of shown weaknesses in the pecking order of Darwinian natural, so Federal Agencies and U.S. Postal facilities show no remorse in treating their workers who show weakness with cruelty and aggressive lack of empathy.

Filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management is an aggressive step to “fight back” against the rise of the pecking order that is, unfortunately, an inevitable consequences of who we are and continue to be.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The gathering clouds

We don’t have people saying such pithy or inane things, anymore, and the death of the metaphor is the fault of Google.  And, of course, the Weather Channel and the Smart Phone apps that give us the updated information concerning that which we can see for ourselves.

Who ever talks that way, anymore?  “The dark clouds are gathering” – a metaphor for trouble brewing, problems arising or bad people getting together to engage in no good deeds.  To which everyone whips out their Smart Phones and checks the most updated forecast, using the Weather Channel app that everyone has already downloaded onto their phones, and in unison respond: “No it’s not; today is only partly sunny, then tomorrow there is a 20% chance of rain and the temperature is…”  “No, no, no…that is not what I meant by saying that the dark clouds are gathering.  What I mean is…” And you are met with blank stares by the horde of millennials who speak a foreign language, fail to understand the generation before the Internet or Smart Phones, and don’t even own a landline.  What, is that even possible?

Time was once upon a millennium, when farmers felt the bones ache from the gathering storm; that one could sniff the winds of changed directions; and noting the behavior of rabbits, birds and the mutterings of crows in the bushes, the gathering clouds would be discerned as patterns of nature’s calling.  Technology has its place and uses, but in the end, it dulls the instincts that have survived and helped human beings to last for want of realization of a civilization lost in the silent graveyards of forgotten memories.

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 the Federal or Postal job duties, the “gathering clouds” is often hinted by the behavior of coworkers, supervisors, and other agency officials; of the tone and tenor of attitudes abounding; and though the adverse action or initiation of a PIP may appear to come as a surprise, you knew it was coming long before, just as you knew that you needed to start the process of the filing a Federal Disability Retirement application long before the time made it into an urgency, or even an emergency.

The gather clouds, no matter how much we may try to stamp out the underlying instinct felt, is still the same the world around; we just have a better way of suppressing it than in countries less technologically sophisticated.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: As life passes by

It seems to come and go imperceptibly; we barely notice; then, one day, we wake up and life has passed by; the past is now an elongated prism through which we judge the remainder of our lives; the present is but the despair we feel because of wasted time allowed to blur beyond into a vestige of forgotten winds; and the future remains as the uncertainty we quivered about before we grew up.

As life passes by, we try and justify; for, language is the means by which we can validate ourselves.  Now, more than ever, it is the gymnast in linguistic contortions that seems to get the most attention, gain the greatest advantage and squeeze out the momentous timelessness.  Look at Facebook, Twitter, and all other social media forums; objectively, it is merely a blank screen where the one-dimensional universe of words and grammatical outbursts are annotated; yet, that is how the self-esteem of the greater society determines worth, relevance and significance.

All the while, however, there are real people with genuine problems, feelings quashed, personalities unnoticed and greatness tethered, that sit in corners of the world awaiting for recognition of singular episodes of kindness and accomplishments.  We can focus too much on ourselves; attend to updating Facebook too often; engage the limited characters of Twitter and worry unceasingly around circles of our own self-importance, and all the while, as life passes by, we remain ensconced in the limited subjectivity of the universe within our own minds.

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 the Federal or Postal job, the danger is that you can continue struggling as life passes by, and not attend to your medical conditions in the very “doing” of daily activities as life passes by, worrying about tomorrow and the next day as life “passes by”, and wasting the time left as the elongated past disappears into the lost memories, like those graveyards that litter the countryside forgotten and overgrown with ivy and sagebrush that obscures the memories of the dead and dying.

Filing an effective Federal Disability Retirement application, to be submitted ultimately to the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset, may not be the answer to all of life’s problems, but for the Federal or Postal employee who must get beyond the impact of the medical condition upon the ability and capacity to extend one’s Federal career, it is nevertheless an important component in now allowing important moments – like properly attending to one’s health – as life passes by.

Sincerely,

Robert R. McGill, Esquire