Tag Archives: owcp sickness attorney

Federal Employees with Disabilities: Simplifying the Complex

Genius is to comprehend the complex; competence is to utilize it; adequacy is to merely get by with it; to be lost is to become mired in it.  The world is complex.  Balance in a life is complex.  Trying to survive in a complex world requires a balancing act that even the most skilled tightrope acrobat can barely accomplish.

Once, when a reporter asked a mountain climber who had successfully scaled the North Face of the Eiger “why” he does what he did, the reply was: “When I am climbing, my only focus is to survive.  I do not need to think of anything but the next step, the next hold, and to ascend inch by inch.  Nothing else matters but the moment.”

But that life could be lived within the paradigm of that philosophy — of “living for the moment.”  To do so, of course, would require setting aside the baggage from one’s past and ignoring the tumultuous considerations for the future.  For most of us, we simply cannot live like that.  In this complex world, we try and “get by” through simplifying it — bifurcating it into comprehensible and digestible components; attending to each one at a time; then starting all over again at the beginning of the next day.  To simplify the complex is a skill-set that one must attain in order to just survive.

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, the complex universe of an administrative process like filing for Federal Disability Retirement benefits is a bureaucratic morass that will often require legal advice, guidance, assistance and counsel.

It is the job of an attorney who specializes in Federal Disability Retirement Law to simplify the complex.  Consult with an attorney who specializes in Federal Disability Retirement Law when preparing, formulating and filing for Federal Disability Retirement benefits, lest you find that the complex remains too complicated and the next mountain to climb has become too steep an obstacle, like the North Face of the Eiger.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Future Robbing Present

How much time do we spend worrying about the future?

In this concerning age, where debts keep rising, expenses keep increasing, wages remain stagnant and instability around the world continues as a reality we are all faced with — the amount of time spent in anxious anticipation of a future not yet established is a reality which we all must constrain.

Planning for the future is a necessity; articulating plans and loosely following them, a nuisance; but what of worrying about a projected experience not yet upon us — is it a mere waste of time?

The future robs the present by keeping our focus outside of the experiences of the present; whether by brooding about it, being lost in thought for it or merely fidgeting with anxiousness towards it; it all amounts to the same:  The joy of a present experience is lost because of the worry which overwhelms us.

Of the past — we tend to relish or regret it; but inasmuch as it is something that has already occurred, we do not obsessively remain in that time slot; unless, of course, we fear the consequences of past actions upon future events.  But it is for present circumstances that may trigger future worries — as in a medical condition currently experienced that we project into the future as to the medical condition’s capacity to impact our anticipated lives.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition will likely prevent the Federal or Postal worker — in the future of, say, 6 months hence, 12 months beyond, 3-5 years of becoming — from performing one or more of the essential elements of his or her Federal or Postal job, it is always a good idea to consider early in filing for Federal Disability Retirement benefits under FERS.

If worry for the future is robbing the present, then it is time to consult with an Attorney who specializes in Federal Disability Retirement Law.  Worrying about the future will not change or alter the course of events yet to come; to prepare for a pathway towards such change for the future, it is wise to first consult with an experienced Federal Disability Retirement Attorney, lest the future come upon you unprepared and like a thief in the night robbing you of your present.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: The misplaced comma

It is such an inconsequential mark in the universe of imprints that pervade, and yet so significant, but in a cloak of anonymity, when misplaced.  It possesses the same features as other punctuations of grammar — identical to the apostrophe, the same in mimicking as the singular quotation mark that is so prevalent; and the same shape is used in multiple diacritic writing systems common within Ancient Greek writing systems, and still survives apparently in the written systems utilized in Latvian, Romanian and Livonian.

It allows for clauses to appear, to become dependent and separated, and to confine into a separate meaning where the conceptual clause, whether dependent and leaning for support upon the main thought expressed, can convey an independence of meaning that adds and modifies the original idea.

It is the misplaced comma that makes one pause and ponder — why must we hesitate here?  Why did they put a red-light in the middle of the sidewalk?  Why does the sign say, “No passage” in the center of a store, and yet we can step beyond the red line and still proceed?

Does the misplaced comma apply in spoken language?  Take the following example: You are standing and talking to a friend, and the friend says: “Now, I want you to — no comma, here — know that tomorrow it is going — no comma, here — to rain— here, there is a comma — and therefore we have to have — no comma here — our umbrellas with us.”  Aside from rendering an irritating manner of speaking, it was all so unnecessary, wasn’t it?  We don’t have to apprise others of a misplaced comma unless it is actually misplaced, and when speaking as opposed to writing, it is not needed because the hesitation in speech itself tells us of the comma, whether misplaced or not.

In written form, however, the misplaced comma — again, aside from being a mere irritant — compels us to pause, to hesitate, to take a reflective millisecond — like coming upon a crack in the sidewalk when we were kids and thinking, “Should I skip and jump over it or just be brave and step on the crack?”

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 pervasive feeling of one’s tenuous position in the workforce is often likened to a misplaced comma.  You no longer “fit” into the mission of the agency.

Others begin to hesitate when approaching you; there is “talk about” you that you sense, and there appears to be commas all around, bifurcating, separating, creating dependencies that seem to segregate and confine, like invisible fences — nay, commas – that have been placed all around.

It is then time to begin 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 employee or Postal worker is under FERS, CSRS or CSRS Offset.  Consult with an experienced attorney and replace the misplaced comma with an emphatic period that will end the misery that continues to deteriorate.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement: Best/Worst Case Scenario

It is a procedural approach, and those who engage in it often have the greater talents akin to science, engineering, mathematics and symbolic logic.  It is the person who views every contingency in terms of best and worse case scenarios before deciding upon a determined course of action.

But how accurate is the “best” and the “worst”?  How can one determine if the informational input that is “fed” into the substance of that which will result in the output of what is described as the “best” and the “worst” is accurate enough to make it even worthwhile?  Does a gambler enter into a casino and make such assessments? Of thinking to him/herself in terms of: If I place X amount on the table and lost it all, what is the best case scenario, and what is the worst?  When a person begins a career, does he or she begin life with the same approach?  How about marriage?  Or having children?  Or, is it more likely that such an application really has a very limited impact, and should be used sparingly in the daily events of life’s encounters?  Is that a false set of alternatives precisely because there are many incremental and relevant “in-betweens” that may determine one’s course of action?

Perhaps the picture painted of the “best” scenario of outcome determinatives need not be the basis for one’s decision, and even the “worst” case scenario need not be the minimum standard or quality of life that we would accept, but somewhere in between or just shy of that extreme cliff that we have described?  Perhaps they are false alternatives when we present it in that light, with only those two extremes of alternative realities to consider?

For the Federal or Postal employee 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 or Postal employee’s job with the Federal Agency or the Postal Service, preparing an effective Federal Disability Retirement application does not need to be based upon false alternatives presented, but should instead be based upon a pragmatic step towards recognizing the reality of one’s medical condition, its impact upon one’s capacity and ability to continue in a job or career that may be detrimental to one’s health, and proceed based upon the totality of factors considered – but primarily with a view towards safeguarding one’s health.

Health is that “other factor” that tips the balance of what is the best or worst case scenario; for, in the end, there is no scenario at all without one’s health.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: Here

So much time is spent upon the anticipation of some event in the distant future; or, perhaps merely tomorrow, next week, next year.  Here is where we are; in the “now”, the immediacy of a life being lived.  Human beings are peculiar, unique and devastatingly unaware to that extent; we give lip-service to the notion of attaining happiness, joy and the capacity to relish the precious gift of life, while all the while failing to embrace and embody the here of this moment.

Look at tourists visiting the various wonders of the universe; do they seem to enjoy the experience of viewing ancient relics or places where momentous events occurred?  Or, are they busy trying to make sure that the video camera or the Smart Phone is capturing the smiles, the scenery and the attraction just beyond?  How many videos of the same places exist in the world today, tucked away in the memory banks of a digital chip?  What is the difference between the video chip stored in a personal Smart Phone as opposed to a professional movie that explores the identical tourist destination?

What is missing, of course, is the experience of the “here”.  Thus, when asked the question, “So, did you go and visit the famous ruins of X?”  The answer is too often, “Yes, and let me show you the video I took of X.”  As opposed to: “Yes, and let me try and describe to you the beauty of X.”  Anticipatory living is not necessarily a negation of living the “here” of one’s life, or even the “now”; but it comes close to missing out.

For the Federal employee or the 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 or Postal position, the need to file for Federal Disability Retirements benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is precisely the “here” that one is trying to preserve, by securing a “tomorrow” worth fighting for.

It is the “here” of one’s medical condition, the “here” of one’s health, and the “here” of some semblance of financial security that is the whole point of a Federal Disability Retirement benefit.  Yes, it is for tomorrow, and the process is a long, administrative headache that may not be approved until many tomorrows and another; but in the end, it is the “here” that is worth preserving, and the first step in securing a worthy tomorrow is by initiating the process of a Federal Disability Retirement application here and now.

Sincerely,

Robert R. McGill, Esquire

 

Federal Worker Disability Retirement: The minor incident

Does history alter significance of incidents as time heals or otherwise events are forgotten?  Does the perspective of the one directly (or even indirectly) impacted make a difference upon the writing of history, or is it as some cynics have countered – that history is the written narrative of the victors, and everyone else is merely annotated as mere footnotes, if at all?

As the Great War became overshadowed by World War II, or as some historians argued that it was merely a singular war with a brief interlude between; will other wars that follow, as memories fade and the dying veterans no longer appear at parades and salute the tombs of those fallen, overshadow the epic battles fought, the bravery shown and the comrades buried beneath silent crosses of lonely nights?

The private lives that each of us live, and the minor incident that looms large within the encampments of our own minds; the designation of “minor” depends upon a perspective, does it not?

Reading history is an interesting endeavor, if only because it expands by bringing in a third-person perspective of events beyond, issues not thought of, and incidents that never took center stage.  The authors, now dead, of second and third-tier fame, who may have had a book published here or there but are now forgotten upon dusty bookshelves that librarians never notice; and most of us are merely minor incidents in the greater traffic of life’s misgivings.

For Federal employees and U.S. Postal workers who suffer from a medical condition that prevents the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal employee’s positional duties, perspectives matter.  A “minor incident” at work can become a major issue – and the medical condition one suffers from, or how the agency views the interaction between the minor incident and the natural consequences of working with a medical condition – and one’s viewpoint in contradistinction to the perspective of the agency can be important.

Whatever the issues that may come about or arise during the process, this much is clear: The Federal agency or the Postal Service has one “viewpoint” about your medical condition, and you have another.  The difference is, you have to suffer the medical condition, while the agency sits idly by and scoffs at the major event as if it is a minor incident.  That may mean that it is time to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal Worker is under FERS, CSRS or CSRS Offset.

Let the determination about whether a specific incident is minor or major be left up to the historian of tomorrow; what you, as a Federal or Postal employee must do, is to contend with the issues of today, and especially the medical condition from which you suffer, and which is far from being a minor incident.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The advantageous disadvantage

In life, we often fight over things even when the goal has already lost its meaning, or the resources expended far outweigh the benefit to be gained.  We take advantage of things, people, and other concerns, despite knowing the consequences of harm to the very essence of our being.  It is as if the evolutionary core of our DNA determines our actions, like addiction upon the dawn of broken promises and childhood wisps of tearful mournings left behind.

Determination of actions despite knowing, and despite the constant drum of billboards, radio advertisements declaratively preaching against, and the distant voice of one’s nagging mother — ineffective reminders like shadow boxing before the perfect storm.

For Federal employees and U.S. Postal Service workers who struggle daily 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 with the Federal agency or the U.S. Postal Service, the daily fights and taking advantage of the slow process of justice in remaining in the Federal job or the Postal position, is a toil of principle; but of what gain is there if one’s soul is being destroyed?

The Leviathan of Legendary Lore bespoke of creatures who destroyed without care or compassion; and today’s metaphor of such monsters are represented by gargantuan bureaucracies which crush without blinking an eye, unaware of just another number in a long line of conquests like unnamed tombstones in an abandoned graveyard.

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 a step towards taking advantageous advantage over a situation which has become untenable; the procrastination and delay in order to fight the Goliath of modernity, is to remain in a rut where one may continue to take advantage of a disadvantageous situation, and remain in the clutches of a slow torture, like the frog who sits comfortably in a pot of warm water, unaware that it sits on a stove set for boil.

Sincerely,

Robert R. McGill, Esquire