Tag Archives: owcp disability retirement claim for progressive aged surgery for former injury

Postal & Federal Employee Disability Retirement: Autopilot

Somehow, the human capacity allows for such “non-engagement engagement” — of being able to operate without being fully engaged with the world, yet at an acceptable and safe level such that you can still accomplish certain things intended.  The “autopilot” is a mechanism of the subconscious which allows for performance without being fully conscious of engaging in that performance of actions.

Autopilot can occur in multiple and varied circumstances: Driving is a prime example, where we can be deep in thought and perform the mechanical actions of driving, and when we arrive at our destination, we wonder how we got there, as we were never fully conscious of being engaged in the act of driving.

Autopilot can also occur when we are multi-tasking — of typing furiously away while talking on the telephone, responding appropriately, yet not fully engaged.  Or in general conversation when we reply with the pablum of autopilot’s routine: “How are you?”  “Fine, and you?”  “Good.  Anything new?”  “No, just the same old things.”

For Federal employees and U.S. Postal workers who suffer from a medical condition, however, being on autopilot becomes less and less of a capability; for, the medical condition itself often forces one to be fully aware, to be constantly engaged, to be heightened at all times because of the pain experienced, the anguish felt, the anxiety encountered.  Without one’s autopilot, life can be exhausting.

Consult with a Federal Disability Retirement Lawyer and consider the possibility of a Federal Disability Retirement.  It may allow you to have the time to recuperate so that your autopilot can be further engaged.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Representation: The problem perspective

Does “positive thinking” actually work?  Or, is it one of those pithy approaches to life, where the “throwaway” line is used to dismiss unpleasantries and negative influences that might otherwise disprove the obvious — that life is difficult enough without listening to the difficulties of others?  Then, there is the “problem perspective” — of seeing everything as a problem as opposed to a solution or opportunity, and to see the world as a glass half-empty in contradistinction to a half-full universe.

Objectively, of course, both descriptions reflect the same objective reality; the contention is that “how” we view the world (i.e., our subjective perspective upon the world around us) influences the manner in which we approach the objective world in deliberating, solving, resolving, tackling problems, embracing situations, etc.

The “problem perspective” describes a person who sees everything from the vantage point of a problem.  It is all well and good, of course, to speak about having a “positive” frame of mind when things are going well; it is when actual, objective problems and difficulties arise in one’s life, that the “real test” of whether “positive thinking” works comes into question.

Objectively, of course, one could argue that, whether one possesses a “positive” mindset, a “negative” perspective, or a somewhat neutral approach, the outside world (that “noumenal” universe that Kant referred to) cares not a twit about what we “think” (i.e., the phenomenal universe that Kant distinguished — the one that we actually have access to) about it — for, it still exists whether we have a positive, negative or neutral perspective, anyway.

It is when the objective world impinges upon the subjective perspective with an undeniable negation of the positive — as in, a medical condition that debilitates and makes for a painful existence, whether physically or cognitively — that the test of whether a “positive” outlook works, or whether a “negative” perspective makes a difference, tests our daily lives.

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 one’s Federal or Postal job, the approach one takes may indeed make a difference with a real distinction.  Yes, the end of one’s Federal or Postal career may be coming; and, yet, the Federal Agency or the U.S. Postal Service may well move to terminate you based upon your growing inability to perform one or more of the essential elements of your Federal or Postal job.

In the end, such a “problem perspective” is a very real one, and becomes a problem precisely because there is a combination of both the “objective” world (the medical condition itself) and the “subjective” one (what to do about it; the next steps to be taken; the decision to be made, etc.).

Preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may not only be the best “next step” to take — it may be the “only” one in the sense that all other options are undesirable: to stay and suffer; to resign and walk away without doing anything; or to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

In the end, all “problem perspectives” need a positive solution, and preparing, formulating and filing an effective Federal Disability Retirement application is the best and positive solution for a Federal or Postal employee needing to resolve the problem perspective where one’s medical condition no longer allows for the fulfillment of all of the essential elements of one’s Federal or Postal position.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Information: Action after words

Does the failure of an action to succeed a string of words make it automatically into a lie, or can it merely indicate a delay between thought and action, spoken words and action, or misinterpretation of words followed by non-action?  Are there phrases and afterthoughts that undermine and negate the initial statement of promised and anticipated actions, such that they “justify” the non-action?

For example, if a person says to another, “I will meet you at X restaurant at noon tomorrow,” but upon showing up at the place, the other person never appears; later, you bump into that same person and inquire about his non-appearance, and he states, “Oh, I became too busy and couldn’t come.”  Does that succeeding statement negate the previous statement; does it “explain” it; does it “supersede” it; or was it merely a statement that tells you that the person making it is rude, a bore, and someone to henceforth be suspicious of and mistrusting towards?

What if the same person had said some other things, like: “I thought better of it” or “I decided that I didn’t want to go out to lunch with you”.  As to the former, one might conclude that the person was somewhat odd; as to the latter, that he or she was unfriendly and did not deserve further consideration.  But what of the following statement: “I am so sorry. My mother was taken to the hospital suddenly and I completely forgot!  Please accept my sincere apologies!”  This last admission, of course, is the one that “justifies” the breaking of the prior commitment, and can be seen as the one where “forgiveness” and further consideration is accorded.

In every case, the action which follows after words determines the future course of how we view the person who spoke the words; yet, context and content do matter.

Take for example another scenario, where the person says, “I may be at X restaurant at noon tomorrow, or I may not.”  You show up at the place at noon and the person who made the statement does not show up.  Later, when you “bump into” the person, you say, “Why didn’t you show up at X restaurant,” and the person responds with, “Oh, as I said, I might have, but decided not to.”  Was there a broken promise?  Did the actions performed fail to “meet” with the words previously spoken?  No, and not only that – one could even argue that the person was quite true to his “word”.

For Federal employees and U.S. Postal workers who are considering 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, the connection between “action” after “words” is always an important consideration to take into account, for there will be many steps through the administrative process where compatibility between the two will have to take place.

Will your doctor support your Federal Disability Retirement case when the “crunch time” arrives?  (The doctor will need to).  Will your Human Resource personnel do as they say? (Likely not).  Will your supervisor timely complete the SF 3112B? (Hmmm…).  Will OPM “act upon” the Federal Disability Retirement application after “saying” that they will? (Again, hmmmm…..).

Action after words – the foundation of sincerity.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: And then we are gone…

The trailing ellipsis establishes a pause for reflection, and the finality of three periods for an emphasis upon the irreversible nature of the statement.  “And then” connotes that something preceded – a lifetime of activities, a century or less of human historicity involving birth, growth, work, struggles, etc. – existed before the conclusion of the life.

The “we are” slice of the sentence implies two additional variables: the universality of involvement – an event that excludes no one – and the present tense of that which is inevitable.  And what about the final word before the ellipsis?  The eternal nothingness; the inescapable conclusion to every novel, every short story, every figure of historical significance or otherwise; we all die.

We somehow try and escape or avoid that fate.  Heidegger’s observation that the whole of human activity is merely a project of distraction and avoidance – that we perform this busy-ness and that all-consuming work or hobby, not because it is inevitable, important, relevant or even interesting, but because to do nothing would be to face the reality of our own demise daily.

Perhaps that is somewhat of an overstatement.  And yet… In the end, plastic surgery, herbal teas and strenuous exercise may only prolong the terminal exit ramp for a fortnight or even a calendric cycle or two, but it is the “in-between” times that make all the difference in a person’s life.  And what of quality?  Does quantification by pure duration determine the worthiness of that “in-between” period, or is it better to have lived a short but “full” life, before the finality of nothingness comes upon one?

For Federal employees and U.S. Postal workers who are suffering from a medical condition, such that the medical condition is making that preceding period before the universalization of finality becoming a reality “less than worthwhile”, the time may have approached, and perhaps even passed, that preparing an effective Federal Disability Retirement application has become not merely a necessity but a crisis of mandate.

Sometimes, in life, the choices are limited and the options presented somewhat less than the best of life’s offerings; yet, to live out that duration of what is future-oriented by enduring pain, suffering and illness in an atmosphere of hostility and adversarial contrariness for the remainder of the days yet to come, often become unbearable and unthinkable.

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 often the only solution to a problem unsolvable. It is that moment before the part that goes, “And then…”, where the ellipsis has not yet reached the “we are” portion, and thus a crucial section of a life still to be lived.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Those spaces in between

Between each word; separating being from nothingness; that which allows for something is contingent upon the void that distinguishes, and without the lack there can be no substance.  Time doesn’t exist without space for movement of bodies of mass; such stillness echoes the lack of reverberating sounds, where waves bounce from one object to the next, and where Oneness of universe means that the clock no longer matters.  Of life, we imagine the same: there are interludes, but we tend to skip the pain and sorrow between the covers of hidden privacy.

Thus do we abide by the antiseptic, sterilized version of our scripted thoughts within ourselves:  birth; a relatively uneventful childhood; completion of educational goals; a career; retirement; and, despite a last gasp in attempting to defy the rules of mortality, death and a funeral projected where weeping and wailing echoes through the indignities of relatives uncaring during the days of living, with sweet revenge of the last laugh leaving behind the mystery of the beyond.

But what of those spaces in between?

Of chronic medical conditions; of pain beyond mere superficial groans; of hospitalizations, having tubes inserted into every imaginable orifice and pricked, prodded and pummeled with tests and artificial means for purposes of extending breath, heartbeat and pulse.

Only in recent times have we breached the decorum of unspoken sensitivities, and allowed for scenes in movies to reveal private functions behind bathroom doors beyond brushing one’s teeth or combing the hair over that bald spot – not that the audience necessarily needs to view such scenes, but somehow, such depictions apparently manifest the avant-garde in each of us and reveals the sophistication we all sought, like days of old when smoking cigarettes with those ridiculously long-looking holders was the trend to follow, merely because someone else did it, and we were told that such was the fashion of the day and represented the height of elegance in posture.

It is, at least in movies, those spaces in between that the characters presumably go to the bathroom, end up in the hospital and suffer in quiet agony; we just don’t see much, or any, of it, except in recent times.  And so we are filling those spaces in between; not merely with more punctuations, or hyphenations unnecessary but to bridge the gap between words and concepts, but in real life as well, by recognizing that life rarely follows a clean sequence of uninterrupted successions of advancement and teleological awareness, but often has detours, hiccups and sometimes valleys beyond which no one else would want to venture.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, those spaces in between are already known and recognized.  For, the medical condition itself constitutes the empty pauses between many of life’s successes, and the challenges faced in deciding to end a career otherwise fruitful and productive, to be now replaced with a fight against the U.S. Office of Personnel Management to force them to acknowledge eligibility and entitlement to Federal Disability Retirement benefits, is itself the “filling in” of those very spaces we all must face, in between.

Sincerely,

Robert R. McGill, Esquire