FERS Disability Retirement Law: Of Future Events

Are we the only species which imagines, worries, obsesses over — of future events as yet unfulfilled?  Do we create scenarios from “whole cloth” of events which might occur but which often never come to fruition?

Of course, the past is a good indicator of future events — a harbinger and foreboding of storms to come; the present, of predictors based upon current trends; and of the future, whether seen in the coiling bundles of anxious imaginations or steeped within solid predicates that cannot be ignored; and in the end, it is this species called “human beings” who engage in such folly.  But for such insanities, we would not have stock markets and commodities “futures” to bet upon.

For Federal employees and U.S. Postal workers who worry about their futures because of a health crisis which prevents the Federal or Postal employee from performing one or more of the essential elements of his or her job, worries and anxieties about the future can be daunting, overwhelming, and obsessively of concern.

The future must be planned for; the present circumstances need to be dealt with in order to plan for that future; and the past actions of your agency are probably a good indicator of future events.

Contact an OPM Attorney who specializes in Federal Disability Retirement Law and begin planning for your future by preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management under FERS; for, in the end, it is up to the greater predictor of future events to embrace the inevitabilities of life’s misfortunes, taking the past into account, facing the present circumstances with a direct and serious assessment, and thus correlating the past and present to prepare for future eventualities.

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.

 

FERS Disability Application Assistance: Intermediate causes

Reading Aristotle, we realize that most of us search for the “final” cause of things, quickly overlooking and ignoring those intermediate causes that make for the engines that transport, the accomplishments that matter, and sustain the requisite constancy of life.

It is like the individual on the team who takes credit for the completion of a project; yes, he gives some acknowledgment to various contributors by giving lip-service with the traditional, “And I would like to thank Mitch, Susan and Bill for being instrumental in our endeavor”, but in the end, it is the “finalist” in every causal conclusion that everyone recognizes and applauds.

Yet, it is the intermediate, sometime imperceptible causes which make for the foundation of a life’s work.  We always want to know what the final outcome is, and when we have predetermined the conclusion, we quickly lose interest and move on.

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, it is important to realize that this “stage of life” is merely an intermediate cause, and not the final conclusion.

There is “life after Federal or Postal employment,” and preparing an effective Federal Disability Retirement application and surviving the complex administrative process is not the final chapter in this enduring story for those Federal employees who suffer from a medical condition and have no choice but to prepare, formulate and file an effective Federal Disability Retirement application, whether you are under FERS, CSRS or CSRS Offset.

The “final chapter” is yet to be written, just as the “final cause” is still to be encountered; this is, after all, merely one of those Aristotelian intermediate causes.

Sincerely,

Robert R. McGill, Esquire

 

Filing for OPM Disability Retirement: Time wasted

It all depends upon one’s perspective, doesn’t it?  For some, watching television is time wasted; for others, reading a novel, and even within that subset of opinions and viewpoints, it often depends upon “what” you are reading before the hammer of judgement is struck: If a beach-time novel, then it is a waste of time; if a classic, then you are utilizing your time wisely.

But what if you are, in fact, sitting on the beach enjoying the lazy lapping of waves, and merely want to get lost in the fantasy of a junk novel — isn’t relaxation a good use of one’s time?  When does “constructive” relaxation turn into time wasted — i.e., laziness?  Is it when the bare necessities of life are no longer attended to?

Of that proverbial brother in-law or other distant relation who is whispered about, who barely holds on to a job, is found spending more time at the corner pub than attending to one’s kids, or the one who constantly oversleeps, overstays his welcome or overstates his woes — is it just a guy who likes to relax, or is he a lazy bum?

Is there a mathematical formula in determining when time is well spent doing nothing, or is wasted?   Sort of like: Time multiplied by the extent of bare necessities required divided by the extent of need, minus particular circumstances that must be taken into account factored by 3.

Can a lifetime be wasted, and if so, what would be the criteria to be applied or imposed?  A wealthy person might contend: We have about 60 years or so to make our fortunes, and if a person has not done so within that timeframe, it is a lifetime wasted.  Some others might counter with: Amassing wealth is not the sole criteria of a worthwhile life; the fostering of human relationships, of making someone else more comfortable, or of even granting a dog some happiness, is what makes this life a worthy one.

Does a medical condition bring about a differing perspective?  For the wealthy person who makes enemies throughout and angers almost everyone with his or her single-minded focus while disregarding the feelings of all else, but who suddenly is hit with deteriorating health — does time take on a different meaning?

For Federal employees and Postal Service workers who suffer from a health condition, where the health condition begins to prevent the Federal or Postal worker from carrying out one or more of the basic elements of one’s job — is time being wasted by the struggle itself?  Does it appear that everything is an uphill struggle: of juggling doctor’s appointments, work, family obligations, etc.?

Preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may not be the best solution of all, but it may be the most prudent one, as time is not a friend to be wasted when it comes to one’s health and future security.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation Federal Disability Retirement: Biding time

Inmates in correctional facilities do it; criminals in wait; patients in doctor’s offices who have been informed that there will be a short delay because of an emergency procedure that the physician had to attend to; and most of us in general who live life anticipating disasters, tomorrow’s unfortunate events or the next day’s calamity to come.

We all bide our time in living our lives, and it is the time of biding that is wasted away until, near our deathbed, the expected outcome of disaster never came, the calamity never developed and the corrosion of life never materialized.  It is one thing to wait on another person; another altogether to engage in the patient virtue of sitting motionless or passing the time away in anticipation of something beyond; it is quite another, and perhaps unique, that human beings actually actively engage in the activity of “biding time” in order to start a process.

Vengeance often takes biding of time; planning for a future definitely requires biding time; and old men and women in nursing homes have nothing better to do than to bide one’s time.  To live life biding time, even at the horizon of one’s twilight in elder states of despair, is no way to exist.

For Federal employees and U.S. Postal workers who are beginning the process of, have already begun the procedural steps to, or otherwise are in the middle of the administrative process of preparing, formulating or filing 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 “biding time” during this complex administrative process is to have “a plan”.

It is a long, arduous, difficult and time-consuming process.  Even after it is successfully filed, the time waiting upon a decision just at the First Stage of the administrative process can now take a very, very long time, and how one plans to bide one’s time during this long process is something one needs to consider.

Will you remain on LWOP during this time?  Will you resign, get terminated, and will you work at a private-sector job while waiting for OPM’s decision?  Will temporary loss of health insurance be a consideration?  If it is denied at the Initial Stage of the Federal Disability Retirement process, will that mean that you can endure the lengthy second Stage, the Reconsideration Stage?  And if you have to go and have a Telephonic Hearing before an Administrative Judge at the U.S. Merit Systems Protection Board, which will take a minimum of 120 days beyond, will that still be within the plan of attack in biding time?

Hopefully, one’s Federal Disability Retirement filing with OPM will go smoothly; but in the event that all of the proverbial bumps on the road are encountered in your particular journey, it is important to consider the extent of biding time during the process.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Law: The face in the mirror

Some avoid it; others run to it like an obsession that cannot be abandoned; and for most, it is merely a daily habit that must be tolerated.

The face in the mirror that we view in order to “present” ourselves to the world is the one we are born with, attempt to alter in multiple ways throughout different stages of life – perhaps by artificial means ranging in spectral thunders of surgical alterations, color-dying, parting the hair on the left side instead of the right; trying to cover that growing bald plate that shines like a heavenly orb not needing the assistance of the Hubbell Telescope from afar in galaxies far and wide; of make-up, lipstick colors and hair-style alterations; and yet, somehow, it is those eyes that stare back that seem to pierce within.

And what of that image we hold; was it the imprint from our youth that forever became frozen in the timeless synergies of our inner consciousness?  Does the reflection in the mirror last, for some, for only a second, such that we have to run back to it – whether by the closely-held compact in the purse, the reflection in the store window, or even that oblong shape of a car’s side contraptions – and reassure ourselves that it has not changed much since the last encounter?

Or is it the image we continue to hold onto as that innocent child of long ago who forever swore that neither time, old age nor ravages of bygone years would ever defeat the compliments received and which we hold so dearly?

It is, in the end, the eyes – what Plato described as the windows to one’s soul – that tell the tale of a person’s past.  Does it haunt?  Does it enliven?  Will it glitter and sparkle like the moon’s reflection upon a summer’s pond in its tranquility of calm?  Or does life bring such sorrow within the chasms in between, where the haggard look befalls and betrays the unhappiness residing within?

We need not look in the mirror to gather much that we already know, and yet we keep going back and speaking to that ghostly appearance reversed in proportionality as the negative photograph that smiles when we smile, cries when we cry, but feels not the inner pain that grows with each day.

For Federal employees and U.S. Postal workers who are at a point in their lives that filing for Federal Disability Retirement must be considered, it is a critical point to consider when you look at the face in the mirror – for, the reflection seen is often not the “real” person that stands in front of the mirror, and the “appearance” is never the essence of the inner soul concealed.  That is the sad truth when dealing with the Federal agency or the Postal facility; they all see “you” as “that person who has a medical condition and is no longer as productive as he/she used to be”.

That is why filing for Federal Disability Retirement benefits often becomes a necessity, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset – because the face in the mirror is just that – a reflection of unreality – that doesn’t ever reveal the truth of one’s potentiality in a universe that barely cares beyond the appearance of reality.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: No time for empathy

Perhaps its disappearance and rarer occurrences are not because of defection of angels and loss of virtue from the circumference of human character, but for a much simpler reason:  We have no time for it, nor patience, nor capacity to embrace.  Often, the intersection between the reality of our social constructs and the loss of moral foundations mixes and makes obscure the ability to assign blame and causal connection to one or the other, but it is the cumulative and inseparable combination that results in the dire consequences we witness.

This technologically sophisticated world has no time for empathy.  All of that incessant talk about “connecting” and the importance of remaining constantly online, in-tune and involved in the virtual universe of Facebook, Snapchat, Tweets, text messaging, cellphone and other such modalities of electronic connectivity, the reality is that – from a purely objective perspective – each of the methodologies of communication are comprised of an illuminated screen with written words without warmth, human feeling nor organic nerve endings.

We communicate by means of those androids we created, expecting that exponential quantification of mechanical complexities can somehow qualitatively enhance our humanity, when in fact each such invention insidiously depletes and deteriorates.

Once, we scoffed at Chiefs and other indigenous characters who believed that the mystical capturing of one’s image by cameras and Daguerreotypes robbed and confined one’s soul, and now we make fun of those who believe that human contact is lessened by the tools of mechanized warfare; and so we decimated all tribes and their leaders, and leave behind in history books lost in the dusty shelves of an unread past the images robbed and lessened, and arrogantly giggle at those who complain of modernity and the technology of communication.

Empathy takes time.  We have no time left.

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 position, if waiting upon one’s agency to reveal and manifest some semblance of human empathy has been a patient discourse of frustration, you will not be the only one to experience such disappointment.

The fact is, empathy is a rare commodity, and showing its face of value is a search of futility more and more each day because of its scarcity.

Waiting for the Federal Agency or Postal Facility to accommodate your medical conditions?  Empathy is required, and nonexistent.  Expecting helpful information and cooperation from your Human Resource Office without fear of leaking sensitive information to coworkers and supervisors?  Empathy is necessitated, but clearly lacking.  There is no time for empathy, and it is better to begin the process of preparing an effective Federal Disability Retirement application without relying upon that which cannot be found even in the far corners of humanoid tablets we sit and stare at each day.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Disability Retirement: Language Decoupled

The correspondence theory of truth has long since been abandoned; whether by congruence or of fair representation, the classical model dating back to Plato and Aristotle has been replaced by Wittgenstein‘s description of “language games“, which really possesses no reflection upon the objective world which surrounds us “out there”.

With the advent of virtual reality; the blurred distinction between truth and falsity as merely words in play; and Bertrand Russell’s playful destruction of any such theory with the singular statement, “The King of France is bald” (where the truth or falsity of such a statement cannot be questioned, despite there being neither a King of France, nor a determinative value of validity as to his baldness).  Yet, somehow, congruence and correspondence refuses to die outright.

Truth and falsity lives on, like the last vestiges of royalty or lineage of blood, where the twilight of history raises the final flag of rebellion and resistance. Whatever the historical tenacity of such movements, language can never be decoupled from the anchor of reality.

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 reality of connection between one’s medical condition and the need for an accurate description, through words, of the symptoms and diagnoses, cannot be overstated.  This is also true of preparing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or even CSRS Offset.

Language decoupled becomes an ethereal vestige of residual meaninglessness; an accurate depiction of reality, through the strength of words and language, cannot ever be cast aside.  For, as language is the vehicle of interpretation and communication, so the abandonment of that modality would result in the destruction of human progress on a scale unimaginable within the purview of history’s epochal dawn.

For Federal employees and U.S. Postal workers who need such a vehicle in order to prepare, formulate and file an effective Federal Disability Retirement application with OPM, the very idea of language decoupled would mean the defeat of an OPM disability retirement application at the outset; for it is the very coupling of one’s medical condition to the positional duties required, which proves beyond a preponderance of the evidence that the Federal or Postal employee is eligible for Federal Disability Retirement benefits, and it is the effectiveness of language itself which is the vehicle of that successful enterprise.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: An Inventory of One

Throughout life, whether by force of habit or necessity of accumulated overstock of items amassed, shelves forgotten and goods remaining unpopular despite an overzealous belief in them “at the time”, we need to take an inventory of our “store”, whether concerning possessions, beliefs, relationships or business endeavors.  Inventories are difficult tasks; they remind us of the lack we possess, and the oversupply of that which we do not need.

Shelves of emotional overloads mirror the abundance of false confidence we placed in something; and lack of characteristic comforts tell of a narrative of avoidance, where emptiness echoes in the hollow passageways of walls without pictures, rooms without people, and loneliness without the crying sounds of children once laughing and giggling, and antique glasses tottering on the edge of tables unsteady as the racing feet of the little ones run by.  We take stock of our homes; review the performance of employees; evaluate whether a major purchase is wise; and inventory the hell out of other people and their faults; but in the end, it is the Inventory of One that matters alone.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact one’s career, hopes and dreams for the future, the problematic characteristic of failing to perform the one and only inventory — of one’s own self — is what often prompts the disastrous results in the continuing pursuance of excellence and dedication when such loyalty of endeavors needed to be paused.

It is is good thing to be loyal; better yet, to be dedicated; and commendable beyond reproach to show a constancy of fealty to the “mission of the agency”.  But at what cost?  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 not an admission of defeat, but a recognition that tomorrow still has a future, the day after a sparkle of promise, and the day after that, a new road for further life.

In the end, we become the enemy of ourselves by refusing and failing to protect and preserve the very stockpile of amassed fortunes we have ignored.  For, dedication to others and fidelity to a cause greater than ourselves is a sure sign of good character, but of what worth is it if you fail to take an Inventory of One, and determine your place in the future plans of a universe impervious to the pleas of quiet desperation rising in the time of crisis?

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Just another Pilgrim’s Progress

Each generation believes itself to be unique according to its own fashion, and in possession of the sole quantitative cache of knowledge, wisdom and creativity heretofore never manifested by man, civilization and the alchemy of provocative thought.  It is doubtful that John Bunyan’s work, “Pilgrim’s Progress“, is taught generally in schools; for, beyond the obvious religious significance of the allegory, it falls below the acceptable level of sophistication modernity believes it has embraced.

Yet, it is in the very manner of the narrative — its richness of depicting struggles, encounters and adversarial confrontation through metaphor, allegory, analogy and displaced double entendres — that well prepares the journeying individual to encounter, tackle, deal with, and ultimately resolve the complexities of the world.

It is perhaps the loss of historicity, and the simplistic and elemental outlook, which is objected to; and of course the obvious distrust of anything involving moral condemnation presented in an iconoclastic manner — exempting, of course, those who espouse such unwavering beliefs from an agnostic viewpoint.  But the compendium of travails depicted — of the heavy burden carried, the spectrum of human emotions experienced; of shame, guilt, moral struggles and pain of endurance despite unconquerable depravity and obstacles beyond human measure — these are manifested in a manner beyond thoughts which provoke dismissive countenance.

How does one prepare for adversity?  We protect and avoid, and warn against the maladies of life; and yet we antiseptically wipe the diseases of the universe clean with empty promises of fairytale condolences.  Then, when trouble arises, we wander in lost chasms of blind darkness, reaching out with vain hopes of touching something or somebody for guidance and wisdom.

Medical conditions and the trials which they accompany, tend to bring such tensions to the fore.  For Federal employees and U.S. Postal workers who struggle with 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 required, it is well to keep in mind the story of Pilgrim’s Progress.  For, the medical condition is indeed a heavy burden; the encounter and continuing saga with the universe of the Federal agency or the U.S. Postal Service, a trial of adversity; and the need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, an allegory of bureaucratic malaise.

As the story of the Federal or Postal employee who must face adversity is one encompassing an “everyman” saga, so the journey of the pilgrim who progresses through the confrontations of life must be faced with the tools of change, whether those encounters are identified in metaphorical terms, or by the stark reality of nameless nothingness which never prepared us for life’s journey, but which we must nevertheless deal with in modernity.

Sincerely,

Robert R. McGill, Esquire