Lawyer Representation OPM Disability Retirement: House versus home

What is it about terms that possess those subtle distinctions that evoke emotions that can be differentiated between “objective” and “subjective”, or distant versus close, impersonal as opposed to affectionate?  Advertisers, of course, play upon such words, and pollsters apply research results as to the emotional input received by throwing in certain words, terms, concepts and voice inflections as opposed to others.

Thus, a “house” is some impersonal structure that may or may not be occupied; whereas, a “home” is where one’s memory resides, of warmth and gaiety, cookies fresh out of the oven and a swift kiss on the forehead when a boo-boo occurred that brought tears to the little child’s rosy cheeks.

“Friends” are reserved for the special smile that knows the secret; an “acquaintance” is still the arms-length feeling of perhaps, but not just yet and maybe; and the tear that is shed in the quietude of a theater’s relative darkness is the one that is let loose when amongst those who are close and secure; but the house that sits beyond can never be the home that warms one’s memories unless the childhood memory runs through the kitchen where aromas of love and cookies can embrace the hurts that were left behind long ago.

What words we use; the emotions which accompany the choice of our language games; and the vehicles of communication that leave hollow the empty vessels within out hearts; these are the breadcrumbs that fall to the wayside and leave us empty within the souls of our being.

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 positional duties, the feeling that one’s Agency or the Postal facility one works at has suddenly become a “house” versus a “home” is a natural one.

No longer are you the valued employee, but just “that one” who takes too much sick leave or LWOP; you are not the golden boy or girl who did a great job last year, but the one who is placing a burden on other workers because you have been absent; and while your performance reviews remain as they were, it is only because apathy continues to prevail, not because anyone has actually noticed how you are struggling despite your medical conditions.

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, may be the only option left, in order to return to one’s home, as opposed to the house that is visited and has become empty of any feelings or fond memories of childhood dances through the empty halls of a soul that is left hollow by the cruelty of those about and around.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Maintaining a schedule

We all abide by them, strive to meet them and toil to achieve them.  We claim that we control “it”, but in fact, it often becomes the monster which completely constrains and restrains, overpowers and undermines.

Maintaining a schedule in life is important.  Some, because of unknown past issues or current difficulties, cannot stand by and allow for a violation of it; others, with more daring personalities and flighty egos, defy it deliberately and result in floundering about without a purposive intent or constructive content.  Maintaining a schedule is often essential to the daily lives of all; for those who have certain learning disabilities, it allows for a structuring of a universe which would otherwise appear chaotic and undisciplined; for others, the very structure imposed restricts the inner creativity of brilliance, and we are left with the genius who follows no man’s path.

Babies and children do well with it; the creative genius who is always distracted by the brilliance within his or her own subjective world, often cannot abide by it; but the rest of us follow a fairly monotonous routine and stick close to it, if only by excuses given of being “five minutes late” or the sorry excuse that the bedside alarm clock failed to rouse us.

Then, there are companies and agencies that seem to fall apart at the seams, where overwork, underpaid staffers and unreliable workers seem to disrupt that most important of schedules – meeting deadlines.  Then, there is the incongruence between one’s personal schedule and the schedule of another entity, and when the two fail to agree or work in consonance, then frustration begins to develop.  The tumult of frustration is often based upon the chasm that occurs between what one expects and the reality which unfolds.  Closing that “gap” is the solution to one’s growing frustration in this world.

For Federal employees and U.S. Postal workers who need to, are about to, or have already filed a 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, the key to containing one’s frustration over the time-period that the U.S. Office of Personnel Management is taking, extending, violating and ignoring in performing their duties in approving or denying a Federal Disability Retirement application, is to recognize that their “schedule” is one of complete and utter power, and that the Federal or Postal Disability Retirement applicant is in a position of complete powerlessness; and, on top of that, to maintain a schedule apart from what OPM does, while one waits for an outcome that is hoped to be favorable.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement Benefits: Writing a life

It is lived; or so we attempt to do so.  This thing called “life”; neither an art form, and forever unaccompanied by instructions or even a cheap compass; most are abandoned at the junkyards of forgotten corners, where the trifecta of raw sewage, mistreatment of body and spirit, and the crass exposure to the detritus of human discontent coalesce to present the irony of birth preceding an inevitable death.

Heidegger taught that we engage in projects in order to avoid the ultimate outcome; for Nietsche, nihilism opened doors for optimism contrary to the preceding generations of convoluted castaways; and while Zen and Hindu mysticism explained away the agony of the body, the remaining torture of living the reality of the now somehow wasn’t enough to extinguish the suffering groans of an impervious universe devoid of feeling, empathy, regard or constancy.

If the implements to create are not provided, and cannot be afforded no matter the toil from birth to death, of what use is the life given if living it cannot be achieved?  Moreoever, how can one engage in the writing of a life, let alone the living of it?

Autobiographies are mostly forgotten narratives undertaken merely to dispose of haunting ghosts of passing groans; and biographies, only for those who become a footnote in the dustbin of society.  And thus are we forsaken, like the cross abandoned on the hilltop where agony was first embraced in an effort to expiate the sufferings of our forefathers.  And then we are asked to write a life — no, not merely to live it, but to engage in art as reflective of ugliness.

For Federal employees and U.S. Postal workers who are attempting to prepare an SF 3112A, Applicant’s Statement of Disability, the arduous expenditure of describing even a slice of it can mean the difference between securing one’s future or losing a lifetime’s career of investing in the Federal sector or the U.S. Postal Service.

Whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, the labor of preparing, formulating and filing an effective Federal Disability Retirement application must by necessity describe the impact of the medical condition, its nexus to the Federal or Postal worker’s inability to perform one or more of the essential elements of the Federal or Postal position, and to “prove” it by a preponderance of the evidence.

Such a daunting task is tantamount to writing a life — perhaps, one could appease, merely a slice of one, a portion of a greater whole, and an abbreviated compendium in an abridged form.  Nevertheless, the task involves the aggregation of descriptive narrative, a coherent structure of prose encapsulating facts, evidence and a legal argumentation with a focus towards meeting a statutory criteria for eligibility; indeed, some could argue that the entire project is one demanding something well beyond the mere writing of a life; it is, moreover, to convey and communicate the most private of concerns before a public forum in a maze of bureaucratic complexities amidst an administrative nightmare in a sequence of conundrums.

Yes, living a life is hellish and unaccompanied by direction or explicit purpose; writing a life is even worse — for it entails the remembrance of things past, the present undone, and a future filled with uncertainties but for the successful execution of preparing, formulating and filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement from Federal Government Employment: The Well-Digger’s Daughter

It is a French film directed by Daniel Auteuil, and depicts an age just before, during, and after the First World War, when rural life still embraced a contempt for modern values, and the pastoral context defined the the quietude of family life yet unblemished but for private shame of family secrets.  It is in the title itself which reveals much; for, there is no independence of a person’s name, and the underlying theme throughout encapsulates the right to a surname, the identity of an individual, and how the interconnectedness of one’s essence, being and substantive community is itself defined by the proper ascription of who we are related to, how, and by what legitimacy.

It is, in that sense, outdated and “old fashioned”; for, in modernity, we cast no aspersions when it comes to heredity, lineage and source of being, anymore.  But the historical context reflects the time of its relevancy; here, names matter; formal acknowledgement of marital unions within a community of acceptance and celebration are expected; and the child who comes into this world must be identified by the proper surname through label of sacrament.  At the outset, the title itself reveals much; for, we immediately note that it is not the name of a person, but an identity within the context of a family lineage.

In this day and age, names are no more important than the identification of inanimate objects; relational identities have been cast aside; we are known, each of us, by the names we have been given, have shed and taken on in rebellious denial of former connections, or so easily abandon and recreate, like so many pseudonyms used on the technology of our former selves.  But try as we might, somehow the haunting connections seem to matter; otherwise, how else to explain the persistent cries of orphans and abandoned children to search and discover who their parents are, and to open up sealed court documents to embrace identities formerly unknown?

Is it a mere mirage and vestige of an antiquated mutation, where the genetic lineage served to fulfill Darwin’s fantasy of survival of the fittest, somehow misinterpreted by one’s cellular make-up to include direct inheritance of a particular DNA?  And why is the language so precise and important?  Would the story have been any different if it had been titled, say, “The Girl who wore a pink bonnet”?  The narrative could still have remained; but, somehow, by merely identifying the character by what she wore, is not the same as to whom she is related to, of how she is named, and by what relationship her being is connected.

Words — and names — matter.   Identifying the proper relationships, and the context of connectedness, all together form the “wholeness” of a coherent narrative.

That is why, in preparing and formulating a Federal Disability Retirement application, it is important to coordinate the medical documentation with the Applicant’s Statement of Disability; the Applicant’s Statement of Disability with any legal arguments to be made and cited; and any legal arguments with both the medical documentation and the Applicant’s Statement of Disability.  For, each are not mere separate codifications of independent entities unrelated to the other; together, they form a compendium of a cogent narrative, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset; and when such force of coherence is submitted to the U.S. Office of Personnel Management, it heightens the statistical favoritism for an initial approval.

And, like the Well-Digger’s Daughter, we must always remember that the interconnectedness of life, living, and the essence of everything around, is defined not merely in our individual capacities, but by the sacredness of who we present ourselves to be.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement: Fated Lives Intersecting

To state that, because something has happened, it was fated to happen, is to merely confess a tautology of meaningless repetition; and so there must be more to it than what the words themselves seem to logically undermine.  Thus, when Cassius lamented to Brutus that men at times “are master of their fates; the fault, dear Brutus, is not in our stars, but in ourselves, that we are underlings,” he was referring to the clash between human will and the predetermination of events already set, and despite our best efforts, our condemnation by force of will, it is our own pathos that evinces tragedy.

From Classical Greek mythologies to Heraclitus and beyond, the one constant throughout is that, like the river which ever flows and shifts to erode the currency in time, there is little that we can do to forego the fated intersection of lives.

The people we sit beside in school, whether we reach out to make friends or ignore in silent disdain; the lives we impact, whether by choice or by unintended disregard; it is because we cannot live in seclusion and the profound truism of John Donne’s poetry that, indeed, the bell tolls not for everyone else, but specifically for each person, that hamlets and hermitages abound in defiance of fated encounters.

That loneliness and sense of abandonment by all around, is never more powerful than when a person is beset with a medical condition, and suddenly it is as if one is either a martyr or a person shunned for contracting leprosy; either way, the doom of fate and the promising stars have banished any history of meaningful contributions previously attributable.

For the Federal employee and U.S. Postal worker who suffers 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 position or Postal craft, the sense that the Federal agency or the U.S. Postal Service will not be supportive of a filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, is not just a mere chimera based upon unfounded psychosis; it is, instead, a very real dilemma.

And that is where fate, will and intersecting lives must be deliberatively evaluated and carefully analyzed; for, who is informed, at what point, and when to speak words of intended acts, may govern the future course of an Agency’s reactive motive.  For, the Federal employee or U.S. Postal worker, whether under FERS, CSRS or CSRS Offset, the time has clearly come when one may well believe that fated lives intersecting must be viewed not merely as a tautology of inane beliefs, but where careful scrutiny must be engaged in so that the stars do not interfere in the playful laughter of gods and karma, in the effective preparation, formulating and filing of a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire