Tag Archives: pain from repetitive motion usps and fers disability attorney

Federal & Postal OPM Disability Retirement: The Troubled Life

In one sense, all lives are troubled; otherwise, we would not be speaking about life at all, for “life” itself is a series of troubles encountered.  Every now and again, we hear about a life which was “privileged” or “blessed” — of a carefree, essentially trouble-free existence.  But how long can that last?  And was it truly an advantage to have such a childhood?  For, part of “growing up” and preparing for the “real world” is to introduce internal tools to “deal” with problems encountered.  If a child is not properly prepared to handle and engage in the task of problem-solving, then he or she will indeed be at a disadvantage when first entering the world at large.

There are troubled lives, and then there are the rest of us — of lives with troubles.  The troubled life is one in which transition from childhood to adulthood never occurred because proper preparation was never allowed for.  The troubled life that the rest of us lead — of a life full of troubles, often like an endless series of problems to be solved — is simply the norm of regular living.  This life is a troubled one precisely because life itself presents an endless series of challenges to be solved; and it is the “how” of that encounter that makes all of the difference. It is never a static continuum, however, and there are times in life when there are more troubles than in other times.

For Federal employees and U.S. Postal workers who must confront the troubles of a medical condition and all that it entails in trying to perform all of the essential elements of one’s Federal or Postal job, the time to file for Federal Disability Retirement benefits may have arrived.  Proper preparation; an effective application; the “tools” needed to maneuver through the complex administrative process; these are all “troubles” which need to be confronted and “problems” to be solved.

The “troubled” life for a Federal or Postal employee contending with a medical condition remains so unless the tools of resolution are applied, and in order to utilize the proper tools to resolve the troubled life, it is best to consult with an attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Trapped, the feeling

It is an unmistakeable sense; of panic which may ensue, or a narrowing of the universe where being shuttered, the walls shrinking, a sudden and overwhelming feeling of claustrophobia; and of physical manifestations, of an inability to breathe, of constrictions and lameness of limbs; it is all of being trapped, the feeling.

It need not be in a physical sense; a psychological condition that is just as real as the reality of the chair one sits upon; but others cannot see it, empathize about it nor conduct one’s actions toward ameliorating the condition; for, in the end, being trapped, the feeling, is an existential condition that can only be cured by first recognizing the source of one’s situation.

Observing an animal, trapped can evoke an empathetic comity of such feelings; we “know” how they “feel” just by the mere manner of actions they reveal.  The pacing back and forth; the eyes which tell you of their anxiety and distress; and constant movements in a frenzy of attempting to escape.

We have all been beset with being trapped, the feeling, and not knowing where to turn to, how to escape, what to do.  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, being trapped, the feeling, often accompanies one’s situation when handling both the medical condition and the reaction of the Agency or Postal Service.

The vicious circularity that begins to swirl like the formation around the hurricane’s eye or the tornado that touches down upon flat plains near an unwary midwestern town — of the increasing pressures being placed by the Federal Agency or the Postal Service and the need to attend to one’s medical conditions — at some point, something has to “give”.

Preparing a Federal Disability Retirement application, to be ultimately filed with the U.S. Office of Personnel Management, is often the “escape route” available.  As to understanding the various exit points, the method and manner of escaping — for that, you should consult an attorney who specializes in preparing, formulating and filing a Federal Disability Retirement application, and one who performs the practice of law exclusively in the area of Federal Disability Retirement.

Being trapped, the feeling, is never a “good” feeling; but consulting with an attorney who specializes in finding the best approach in formulating an effective Federal Disability Retirement application allows for its opposite and positive feeling: being freed, the sense of elation.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS: In the end…

What is it about a phrase that predictably tells us about the mood, content or direction of the mindset?  If a person begins with, “Well, it all began when…” — we will often stifle a yawn, try to make excuses and begin heading for the exits.  Self-aggrandizing, prefatory remarks that set the stage for a narrative delineation that includes private details of individual lives often bore the pants off of most people, and yet many will “tell all”, as if such intimate details trigger a prurient interest within each of us.

Then, of course, there is the opposite, as in: “In the end…”.  What fills in the ellipses?  In the end…the world will all go to the trash bin of history’s footnotes; In the end…we all die, anyway?  Such opening phrases and closing remarks leave out the vast chasm of filling in “the middle”, of course.  How does a story begin, tell the narrative in an interesting manner in “the middle” and end with a bang?  That is the problem, isn’t it?  Most of us don’t have a clue as to how to tell an interesting tale.

And what about non-fiction — of a historical narrative or of a biography?  What makes for an interesting “telling” of it — of what details of a person’s life; what incidents should be included?  What peripheral, tangential details will make for an interesting and engaging read?  Is a biography incomplete if the author leaves out certain details, or does it matter?  What “events” are presumed and should therefore be excluded, and can it really be said that certain excluded moments are considered to be excluded at all?

For example, it is presumed that a person goes to the bathroom a few times a day, at least — but what if, during the narrative of a biography or a historical period, such activities are never mentioned?  Can we call up the author and demand to know why such historical “facts” were excluded from the biography of, say, an important figure?

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 job, it may be necessary to begin to formulate 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.

As part of that “administrative process”, it is necessary to complete SF 3112A, Applicant’s Statement of Disability.

In preparing the narrative story of one’s medical condition, it is important to convey the essential “story” — a historical account; a prefatory introduction; a “middle”; and an “In the end…”.

What details to include; the choice of words; whether in the first-person or 3rd-person narrative; of what legal arguments to include; whether to “exclude” certain details without being charged with “falsifying” a claim, etc. — these are all important considerations in the proper, complete and sufficient preparation, formulation and filing of an effective Federal Disability Retirement application, and it is vitally important to do it “the right way” when preparing SF 3112A — the core and essence of a FERS Disability Retirement claim — which, in the end, is the story of your tale that needs to be told.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement Claims: Being another

When you read that some actor, writer, politician or commentator (dare we ask why, in a single sentence, all of them have been lumped side by side) says X or does Y, we often allow our own ego as the “one-upsmanship” to overtake us, and we imagine that, if we were there, we would have said “XX” instead of “X”, or done “YY” instead of the mere “Y”.

At the moment, though we rarely recognize the egocentric reality of what we are doing, we actually “become” that actor, that writer, that politician or that commentator, and assume the role and identity of the person we have replaced in our mind’s eye.  Insanity, of course, comes about when a further step is taken — of believing not what we “would” have done or said, but incontrovertibly becoming that someone whom we are not.

The quantity of time expended within the insularity of our lives is astounding; and the personal — albeit creative and imaginative — excursions into another type of virtual reality consumes a greater part of each day, every hour and multiple minutes of our disjointed lives.  Perhaps this occurs in a quick flash of a stream of passing thoughts; or a long, enduring daydream that recurs through the day, the week, and over a month’s time; but of whatever duration, being another is something that we all do, and always at the expense one’s own ego and those who are close to us.

Being another also occurs in hopeful encounters with our own circumstances.  We imagine that we are ourselves, but also another who is simultaneously identical and yet different.  That is what a medical condition does — it divides the reality of who we are today from the memory of who we were yesterday, and further projects a person of what will become of us in the future, near or far.  Often, emotions become entangled in the images of who we are, and so regret pervades the past, anxiety overwhelms the present, and fear pursues the future.

Medical conditions tend to inject a factor that we have no control over, and it is that loss of control, combined with who we see ourselves as, and who we would rather be or become, that presents a dilemma: As circumstances change, can we continue to remain who we are and allow for being another — the “other” being the person who we once were — to continue as if such changes of circumstances never occurred?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition has “changed” a person to the extent that he or she is now “another” — someone not quite dissimilar to yesterday’s you but also not identical to today’s yesterday of the person we just met — because of circumstances beyond one’s control, it may be time to do that which only another in a different time and distinguishing context may have contemplated: file 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 reality is that we are never the same as who we were yesterday, and last year’s child of imaginative “being another” has grown into the “other” that was once imagined.

In the end, the essence of who we are will not have changed because of a medical condition, and what we do in life beyond filing for and obtaining a Federal Disability Retirement is more important than feeling self-pity for not having fulfilled one’s desire for being another, who was yesterday’s another in a different role from today’s another or tomorrow’s another.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney: Uncharacteristic Behavior

It is the clash between an expectation and the actualization of an encounter, which determines one’s perspective of self-fulfillment of a belief, or a resulting dismay from failure of verifying the basis of a paradigm.  Characteristic behavior is thus that type of human encounter which meets with, or exceeds, one’s predetermined paradigm of what one has already believed to be so; to act out of that previously considered belief system, by definition makes it fall outside of the realm of such expectation.

For the Federal employee and the U.S. Postal worker, the bureaucratic complexity of the entire administrative process of preparing, formulating and 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 normally not a surprise, and meets with or even exceeds, the expectation of an already-formed paradigm of what constitutes the “characteristic behavior” of the system as a whole.

It is the anomaly of the century when efficiency, helpfulness and pleasantries prevail throughout the process of filing for Federal Disability Retirement benefits, where one hears with surprise and shock that it was “uncharacteristic”.  Sadly, that tells us something.  While somewhat unfortunate, we must always remember that the road of every bureaucratic process is paved with personalities of every type.  We tend to lump the entirety of an administrative process into a single cup and cauldron of judgment, but the reality is that there are multiple categories, just as there are different types of people throughout the universe, distinctly compartmentalized into:  helpful; friendly; efficient; nasty; backstabber; fair; unfair; loyal; unpredictable; just to name a few.

The process of filing a Federal Disability Retirement application through OPM can be a stressful one, if only because it is based upon an obvious stressor to begin with:  a medical condition which impacts one’s ability to perform one’s Federal or Postal job.  But it is not the bureaucratic process itself which adds or detracts from the inherent complexities of the process, but the behavior — characteristic or not — of those who must help along the way or hinder the necessary transition of the Federal or Postal employee, from one of active Federal or Postal employee to that of disability annuitant.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Disability Retirement: Adrenal Fatigue

One need not be officially diagnosed with Addison’s Disease in order to incur the wrath and ravages of adrenal insufficiency.

Life’s multiplicity of compounding and complex stresses; exhaustion beyond merely feeling “run down” or otherwise out of synchronized balance from everyday feelings of adequacy; a sense of profound fatigue, where cognitive dysfunctions develop, and where symptoms of falling asleep at meetings, where the world appears at times to become a distant echo chamber and what others view as a normal pace appear in dizzying fashion of incomprehensible clatter of distractions; and where visual disturbances occur systematically as one attempts to view the computer screen and perform work which, in previous times, was merely mundane and monotonous, but now requires an effort beyond sheer force of will.

Does modernity and technological stress contribute to medical conditions which may have no name, and often defies pigeonholing because of the mysteries of the human body and psyche?  A broken arm is easy to identify, and normally just as correctable; a cervical or lumbar disc degeneration, perhaps a bit more complex, but often manageable; chronic pain, but for a parallelism between objective testing and pain points, sometimes an anomaly; psychiatric conditions, of greater mystery which has become too often a pharmacological corridor for treatment modalities; but where profound and intractable fatigue more often than not is beyond the capacity to be diagnosed.

However one characterizes it — of adrenal fatigue, insufficiency, chronic fatigue syndrome, or other designations of type; it is ultimately the reality of the daily toil and turmoil with which the patient must contend.  For Federal employees and U.S. Postal workers who experience such a state of physical and psychiatric condition, 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, may be the best and only alternative available.

In the end, adrenal fatigue may be more than an endocrine imbalance; there is often a complex component where multiple medical conditions ravage the body and mind, and as with so many issues in law and life, there is a vast chasm between having a medical condition, being properly treated for the condition, and proving one’s medical condition in law such that one can be found eligible for Federal & Postal Disability Retirement benefits through the U.S. Office of Personnel Management.

Fatigue, whether of the adrenal kind or of resulting impact from a lifetime of stresses, is a basis for Federal OPM Disability Retirement; attending to the condition should always be the first order of business; proving it, the second and subsequent thereafter.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney: The Aftermath

We like to think in linear prose; that is why, when E. E. Cummings showered the literary world with typographical disarray, a collective groan of discomfort visibly shook the foundations of the art form.

In daily life, it is the capacity of seeing a beginning, continuum and conclusion to a segment of a bifurcated visual horizon, which makes for sanity.  Closure and a sense of termination allows for satisfaction of an accomplished deed.  To be required to maintain a project, a task, an obligation, etc., is to engage in an eternal hell of unendurable agony; but that is, in the end, what must be done for most things, which is precisely why life is a challenge of inestimable proportions.

Federal Disability Retirement is no different; once obtained, one would like to think that closure has been accomplished, and that life is nothing more than forward-looking deeds to be reached like ski slopes allowing only for downward spirals of travel, never needing to look back.  But maintenance of effort is always a requirement; making sure that one is preserving the rights which one has fought so hard to gain, is a daily task, a present obligation, and a necessity of life in Federal Disability Retirement law, as in other sectors of life.

Whether to recognize the earned income cap for Federal Disability Retirement annuitants while still under a certain age, or making sure to be able to re-certify one’s ongoing medical condition and disability — these are never tremendously onerous tasks, but ones which can only be satisfied if one is fully aware of the laws which govern them.

Filing for Federal Disability Retirement benefits by the Federal employee or the U.S. Postal worker, whether under FERS, CSRS or CSRS Offset, is the first step in securing one’s future; the aftermath is the second and many subsequent steps, in ensuring the viability of that which one fought for in the first place, lest history should be repeated and goblins be allowed a resting place where none should be.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Usual Dialogue

Much of our daily dialogue is determined by rote repetition.  Discourse throughout a typical day need not be given much thought; breakfast routine; interaction with colleagues and coworkers; declarative statements which have been repeated hundreds of times, both by one’s own voice as well as by others; salutations which require merely an audible sound; and the sun sets upon another closure of human inertia.

Then, some dialogues awaken the soul.  A sudden discovery of infidelity (though, given the pervasive appearance of popular culture, that, too, is quite commonplace); a perpetrated criminal act; a discussion with one’s doctor concerning a medical condition.  Even the latter, of course, from the doctor’s viewpoint, can be quite commonplace.  But for the Federal employee and the U.S. Postal worker who has been pursuing one’s Federal or Postal career for years, decades, etc., the self-realization that a medical condition may end the financial security represented by one’s job, is a traumatic event in and of itself.

All options for the future must be considered; and the daily dialogue of rote routine must be cast aside.  This is not a time for niceties; it is an event for thoughtful action.  Preparing, formulating and 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 affirmative step which one must pursue aggressively.

The inertia of past repetition of life’s puzzlements; the frightening prospect of an uncertain future; these must all be cast aside, and the reality of facing a time of forced creativity must be fully engaged.  And then, of course, there is the added anxiety that the administrative specialists at OPM will view your own application for Federal Disability Retirement benefits as just another ho-hum event, one which is merely part of their usual dialogue.

It is up to the Applicant him/herself, in preparing, formulating and filing for Federal Disability Retirement benefits, to ensure that the Federal Disability Retirement application is cogent, clear, concise and convincing — in other words, not part of that daily dialogue of thoughtless repetition.

Sincerely,

Robert R. McGill, Esquire