Tag Archives: owcp sickness federal attorney

Federal Employee Medical Retirement: The Calendar

It rules every day and moment of our lives; yet, we feel out of synch with it, like the rip tide which pulls against the direction you wish to swim towards.

Every now and again, we read about more primitive societies who once possessed a biological affinity to the world around; but within the concrete jungle — or jumble — of technology and civilization’s dominance by construction, we have lost any sense of that.

And so we look out through the window at the stars and the moon, however dimly and distant they appear, misted (or misled) and obscured by the noise and artificial lights surrounding, and allow our lives to be controlled by the calendar of activities: Of chores to be done; of work to be accomplished; of deadlines to be met.

But that the full moon makes wildlife still a bit “off”, whether we believe in such mythologies of antiquated misgivings; but we take no notice.  Whether the baying of a dog during a full moon, or of skittish horses in the wild; no, it is the calendar which obscures, dominates, overrides it all.

For Federal employees and U.S. Postal workers suffering from a medical condition, preventing the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal job — the most important notation on your calendar is the one for medical appointments and treatment modalities.  But you may have already exhausted your available leave and your agency won’t allow you to take LWOP anymore.

You probably need to file for Federal Disability Retirement under FERS, through the U.S. Office of Personnel Management.  Put the notation in your calendar: Contact a disability attorney who specializes in Federal Disability Retirement Law, and don’t let the moon lead you to howl in despair; after all, it’s the calendar which makes us do it.

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 Retirement: The Forever Tomorrow

We can always fool ourselves by talking about tomorrow.  For, today has a tomorrow, and tomorrow has a tomorrow, and the day after also has a tomorrow.  That is the great thing about a language game encompassing future concepts of indeterminate future tenses — they can go on forever without a pause.

We can say to ourselves, “I will take care of that tomorrow”; and when tomorrow arrives, the same can be said again, and each time it is stated, it protects itself in an intimate, cozy cocoon because “tomorrow” is always nearby.  And though the delay and procrastination may become extended over a period of months, or even years, so long as we say to ourselves, “Well, I will attend to it tomorrow”, or that things will change for the better “tomorrow”, that closeness in proximity and time articulated by the concept of an event so near to today is what delays any actions or solves any problem based upon an eternal delay in the linguistic deception contained within the concept of tomorrow.

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, consider that tomorrow is the thief of today’s life, and yesterday is the looted loss of precious time.  If you need to file for Federal Disability Retirement benefits, also known as OPM Disability Retirement, forego the forever of tomorrow, and call a FERS Disability Retirement Lawyer today.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Who I Am & Who Am I

One is a question; the other, a declarative statement.  The latter of a more subjective nature; the former, perhaps a composite of observations by third parties together with self analysis.  Both must begin with a query — of analyzing a statement “about” myself, through others who are well-known as well as of opinions rendered and judgments passed by acquaintances and passersby strangers barely acknowledged.

“Who I am” is often answered in response to a preceding query by a third party: “Who are you?”  It might be answered with fairly objective and short statements which are incontestable: I am X’s brother in-law; I am the husband of Y; “Oh, I am Sarah’s father” (in response to Sarah’s classmate who sees you standing outside of the classroom); or, “I am nobody”.  This last statement, of course, has implications well beyond being an unresponsive nullity; for, it goes to the heart of one’s own assessment of one’s self, one’s consequential impact upon the limited universe of one’s role, and the very essence of an ego left abandoned.

The other — Who Am I — is often followed by the grammatical punctuation of a question mark.  It is often a self-reflective query — one which causes a pause, a momentary furrowing of eyebrows raised, and then a regrouping of having just previously been taken aback by a question which stabs too closely to the essence of one’s being.  Perhaps a soliloquy follows.  One will normally cast the question off with a shrug and answer the self-query with, “I am X” and then move on to take out the garbage, watch a movie, see a documentary or engage in what Heidegger refers to as an activity which allows us to forget our mortality.

Will the question inevitably haunt us and force us into facing ourselves at some point in our lives?  Perhaps.  Can we avoid the question entirely?  Maybe.  It is the former, asked by others, which fails to have the force of the latter, and merely because of the placement and substitution of positions of the two words after the “Who” that makes all of the difference.

For Federal employees and U.S. Postal workers who suffer from a medical condition and who must face the prospect of facing the question, “Who I am” in reference to one’s position and role in the workplace, it is often the medical condition itself which prompts the second, more incisive query of “Who Am I?”

Does a medical condition define a person?  Certainly, the Agency or the Postal Service makes it the primary issue by questioning one’s competence or capabilities based upon your condition.  Both questions go to the heart of the issue in a Federal Disability Retirement application; for, in the end, the Federal Agency and the Postal Service treat both questions with a foregone conclusion of an answer: You are Nobody if you are no longer part of the “Mission”, and that is why filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management becomes a necessity.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Answering the question

What constitutes “answering the question”, and more importantly, how does one determine when its opposite occurs — NOT answering the question?  Does the former occur if the questioner fails to follow up, and does the latter become an issue if the person asking responds with, “That doesn’t answer my question,” or some such similar declarative assertion?

Take the following hypothetical:  Person A asks Person B, “So, where do you come from?”  Person B answers, “The skies of Normandy were grey on that June day in 1944.”  Now, Person A could have various responses to such a statement, as in:  1.  “No, no, I asked where you came from.” 2. “Are you telling me that you come from Normandy, France?”  3.  “That doesn’t answer my question.”  4. Or, silence, with no follow-up.

Person B, of course, could similarly respond in variegated ways, as in:  A.  “I just told you.”  B.  “Yes” or “No” (in response to the follow-up question, “Are you telling me that you come from Normandy, France?”).  C.  Silence, or “Yes it does.”  D.  Nothing further.

It may be that Person B simply has a poetic bent, and from his perspective, the mundane query was answered in a metaphorical, literary manner.  More to the point, however:  Who determines if a question has been answered (leaving aside the further query of whether the answer itself has “sufficiently” or “fully” been responsive to the question) — the one who asks, or the one who answers?

In a normal conversation, of course, the issue rarely comes about; in an argument where one or the other side, or both, are trying to get answers and defeat the other side, the heat of the moment may determine the answer to the question; and the penultimate paradigm of the question, “Who determines whether the question has been answered?” occurs in the highest form during a deposition or cross-examination in the legal arena.

Observing what occurs during a court proceeding is an interesting experience of human behavior; of the back-and-forth between counsels and the witnesses being deposed or examined, as in:  “You didn’t answer the question.”  “Yes, I did.”  “I asked you…”.  “Asked and answered.”  “Objection, the question has already been asked and answered.”  And on and on until a singular point is pursued to an exhaustive level ad infinitum and ad nauseum.

Is the issue of what constitutes an answered question somewhat akin to the question or “original intent” — i.e., that just like an author’s original intent as to the meaning of a written document is what should rule, similarly, the person who asks the question has the sole power to determine whether or not the question asked has been answered, and moreover, adequately and sufficiently answered?

For Federal employees and U.S. Postal workers who are beginning the process of 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, these questions concerning the “answering of questions” will and should come to the forefront when confronted with the questions asked on SF 3112A, Applicant’s Statement of Disability.

Inasmuch as the U.S. Office of Personnel Management has promulgated the questions in a carefully-crafted manner, there are some inherent pitfalls and dangers in what constitutes an adequate response, a sufficient answer and the complete delineation that rises to the level of a satisfactory statement.

SF 3112A is replete with unanswered questions within the very substance of each question, and the answers you provide are best guided by an attorney who has had the experience of legal encounters previously, and who specializes in the Law of Federal Disability Retirement.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Disability: The constant fight against the negative

There are different ages in different times, designated by the dominance of one entity over another. Thus do we refer to the “Age of Dinosaurs”, or the “Ice Age”; the Age of Feudal Lords; the Age of Man, of course, is a general aegis under which everything falls, once the four-peddling quadrant of living beings became dominated by the bi-pedaling progenitor of carnivorous over-consumption that prevails from time immemorial to the present “age”.

Modernity had now become the “age of therapy”, where somehow psychiatry and therapeutic intervention has come to dominate the basic necessities of life.  Perhaps that is appropriate, as the daily stresses that govern the requirements of survival have mandated a vicious cycle of inestimable pain, both in terms of physical deterioration and cognitive dissonance, by placing an intolerable level of stresses upon daily living.

It is this constant fight against the negative that we are told, holds the key to a “happier” life.  Can change in perspective, of outlook and viewpoint, simply by inserting “positive” language games into the daily soliloquy of internal voices make such a difference?  If language were non-existent, and we became a species of grunts and grumbling noises (which, if you pause and listen around you, comprises much of what passes off as “conversation”, anyway), would we be anymore “positive” than what we are today?

What if the human vocabulary were to be reduced to only positive declaratives and adjectives that only revealed “good” things – would such expunging of negative concepts result in the net effect of everyone “feeling good”?  Or, does “feeling” precede language, such that one can be negative in one’s essence before expression of that negativity, such that thoughts are merely the natural consequence of a state of negativity, anyway?

Medical conditions tend to make liars of us all; for, we can go through life imagining that we are somehow the “exception”, and those “others” who are beset with medical conditions did something “wrong” to have been hit with a medical condition – until it happens to us, as well.  Suddenly, with the reality of pain, suffering, and the general human condition of illness, sickness and debilitating injury, we realize our mortality, our susceptibility to a viral plague, and our fragile existence.  How others view us also changes.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the constant fight against the negative become a daily struggle that often takes its toll, preparing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may become a necessary next step in such a daily struggle.

The constant fight against the negative, itself, will have its impact, and it may be that the combination of the medical condition, the adversity shown by the Federal agency or Postal facility, and the negative internal thoughts that insidiously devalue and destroy, will come to a coalescence of intolerable stress.  When that happens, it is time to consider filing for Federal Disability Retirement benefits, to be filed with the U.S. Office of Personnel Management, as another step in the constant fight against the negative.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement Help: Caught in the world in-between

It is a purgatory of sorts; of the netherworld where twilight is a constancy of confusion, and when neither dawn nor dusk, between summer and winter, or of cognitive clarity and conundrums of confusion reach the pinnacle of an infinite maze.  Do we prefer clarity to confusion, or the light of dawn to a period “just before”, when consciousness of thought is suppressed or prevented by a darkness befalling thoughtful perspectives impeded by streams of dancing oracles upon a seamless stupor?

It is often uncertainty which tires the soul.  For, while wealth is preferable to destitution, and employment to its opposite, it is being caught “in-between” which engenders uncertainty and angst of future plans, and that is likened to a form of hell.

When a Federal employee or a U.S. Postal worker first learns of a medical condition — whether from an accident or injury on the job, or during a foray into uncharted recreational activities, it matters not for purposes of meeting the criteria for eligibility in a Federal Disability Retirement application submitted through the U.S. Office of Personnel Management — the weariness of time and the toll of uncertainty is often worse than the failure of resolution encountered through therapy, medication regimens, surgical intervention and the long delays in recuperation and rehabilitation.

It is that “waiting” which becomes the agony of life, for the questioning and incessant pondering resulting therefrom haunts the soul:  What will the future hold?  What will my job do?  What are they planning?  The “what”, the “when” and the ultimate “why” becomes a reverberating echo of repetitive songs unwavering in their monotony of questions forever unanswered.  For, it is the unanswered question and the unstated discretion of silence which makes for waiting to be just another agony of life’s challenges.

To be caught in the world “in-between”, where future plans are delayed because the present remains in a muddle of soft mush, and when past actions fail to concretize a pathway for mapping current stability, is a state of existence which is tantamount to a purgatory of eternal uncertainty.

For Federal employees and U.S. Postal workers, it is thus important to take some action and begin the process of filing for Federal OPM Disability Retirement.  Wishful thinking will not make the medical condition go away; and while hope is always a basis for future planning, one often knows early on, within the core of one’s soul, whether the injury or medical condition which prevents the Federal or Postal worker from performing the essential elements of one’s positional duties will resolve to an extent possible in order to return to full duty.

It is not knowing which is the true hell of existence; and to remain caught in the world in-between is often a choice — albeit a bad one — which is based not upon want of certainty, but enmeshed in the essence of human tragedy, when delay prevented that split-second decision that could have avoided the disaster.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Long Goodbye

The relegation to the basement office; the loss of niceties with coworkers; the negation of superlatives from higher ups; the clues become overt, blatant and uninviting.  Long goodbyes are often fertile ground for the souring of relationships forged over decades, and human interactions which reveal a perversity once thought uncommon.  Does the past count for anything, anymore?

Medical conditions and their impact are meant to evoke empathetic responses; instead, they often bring out the worst in humanity.  For Federal agencies and the U.S. Postal Service, they portend of headaches and interruption of efficiency; they are a bother.  For the Federal employee and the U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to prevent one from performing one or more of the essential elements of one’s positional duties, the growing absences, the need to attend to one’s medical conditions — all become the priority of life and living.

From the agency’s viewpoint, it is a malignancy of logistical magnitude; another problem to be solved; and the longer the goodbye, the greater the extenuating interruption.  It is this clash of interests which calls for resolution.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, is an indicator to the agency that there is an end in sight, and once filed, it is merely a waiting game before finality of decisions is reached.  Often, the mere filing relieves the increasing pressure felt, like the encasement of boiling water which needs an outlet.

Medical conditions often require a long journey of sorts; it is the long goodbye which makes it all the more evident.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Coming Year

Calendric rhythms constitute artificial attempts at becoming partnered with time; like the music to which the dancer dances, there is nothing uglier than being out of step with the aura of a beat.

Eternity of time marches in a continuum without notice or constraint; our bifurcated days are broken down into days, hours, minutes and fractions thereof, as ordered slices like slabs of beef prepared for delectable consumption.  But whether the artificial imposition of our subjective categories have an impact upon the rhythmic tone of a cold and impervious world, is gleaned in rare moments of sudden insights, when a tremor shakes the foundations of tranquility, and we are awakened from the slumber of our own inventions.

Medical conditions tend to do that.  Suddenly, priorities of life must be reordered, calendric impositions of tasks to be accomplished seem to pale in weight of sufficiency, and leisure activities no longer constitute a viable avenue of escape from the drudgery of daily monotony.  Medical conditions bring to the fore the importance of that which is the essence of relevance:  not possessions, not contraptions nor toys of distractions; but of human connections.

For Federal and Postal employees who put so much of their time, effort, lives and worth of energy into the performance of daily work, a medical condition that prevents one from performing the essential elements of one’s positional duties becomes a trauma of sorts, and a shifting of tectonic plates.  Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset, is an option one should take when once the notion of value, time, priorities and the interruption of calendric rhythms has been evaluated.

In the coming year, there will be moments of clarity and insight, when it becomes obvious that one’s body is attempting to convey a warning, or where the cognitive deluge of despair blares a clarion call for the quietude of yesteryear, when the chains of time were but a hollow echo whistling in the cavernous dark of unknown depths.  The coming year will tell when it is time to file for Federal Disability Retirement.

Sincerely,

Robert R. McGill, Esquire