FERS Disability Retirement from OPM: The Task Ahead

We all talk in those terms, don’t we?  And when the future is no longer referred to, we begin to worry; for it is the notion of a future that keeps us alive in the present, while the past is merely a portrait of who we were and what made us today.  A person without a history is an enigma; of what we are doing presently informs others of where we are going; and of future plans — well, that reveals of character, ambitions and the motivations of “what” and “who”.

When two people meet for the first time, it is commonplace to inquire as to the other’s past.  Why is that important?  Do we glean from a person’s previous experiences the type of “character” one has?  Of the places a person has been to; of his or her upbringing; of the hardships and trials one has endured; of the relationships one has been entangled in; and of the schools attended, the education received, etc. — are these, in their aggregate, what reveals the “make-up” of a person?

Can one sweep one’s past aside and simply declare, “I have no past and nor do I want to discuss it.  However, let me tell you of my future plans — of the task ahead.”  Why wouldn’t that be acceptable?  Is it because anyone can say anything about the future yet to be done, and it is the past which remains the telltale sign of a person’s true intentions and motivations — that is, the sincerity of one’s declarations?

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 task ahead becomes clearer each day as one’s medical condition worsens: Filing for Federal Disability Retirement looms as a greater and nearer necessity.

Does the past matter?  Yes — as to the deteriorating aspect and its impact upon one’s present circumstances.  Does the present have any relevance?  Yes, to the extent of one’s current medical issues and the nexus to one’s ability and capacity to perform the essential elements of one’s job.  And what of the task ahead?  That is the true test — and for that, you should consult with an attorney who specializes in FERS Disability Retirement Law in order to prepare the most effective application for the task ahead: to formulate a strategy in order to pass muster with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits under FERS: Who we are

That is a rather presumptuous title, one might declare; for, it is always the “we” that others presume to know, as opposed to limiting the declarative within the restrictive confines of one’s self, family and surrounding community.

What is the great equalizer that allows for the collective plural pronoun?  Is it television (i.e., do “we” all watch the same shows and thus form a conglomerate of a universal consciousness)?  There was once a time when one could argue that a unity of convention existed — especially harkening back to the days when there were essentially 3 networks to choose from, and where all three were similar in content, thought and approach.

In modernity, is it the Internet?  But the worldwide “web’ is too diverse to narrowly formulate a cumulative effect of similar normative beliefs.

Perhaps that is why society in general is so diverse and fractured; where even a simple consensus amidst a small community cannot be reached, and how geographic differences have become exponentially and irreversibly altered and separated from one another.

Who are we?  Yes, the inversion substitution of the second word with the third makes the declarative into a query, and changes the entire subject matter.  It is, perhaps, both a statement and a question, and neither make sense, anymore.  And so we are left with a singular voice — of a monologue and an aside, or as in a play, a soliloquy, where the character asks the universal question, Who am I?  Am I the collective consciousness of my direct descendent, and does that have meaningfulness, anymore?  Why do we seek answers by purchasing and sending away “DNA kits”, as if the spiral spectrum of cellular anomalies would be able to answer the question which haunts us all?

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 potential loss of one’s identity within the community of Federal and Postal workers is often the step that is difficult to take.

One’s identity, purpose, drive and dreams are often bundled up into an inseparable conglomeration of work and identity, and to separate from that self-identification is often a difficult venture to undertake.  But the danger, of course, is that you may be forcibly separated if you do not take the steps necessary to protect your identity.

The Agency will ultimately terminate you, and the harassment because you have taken too much Sick Leave, Annual Leave, FMLA or LWOP is inevitable.  Better that you file for FERS Disability Retirement benefits and retain a semblance of who you are, lest the Federal Agency or the Postal Service does that to you unilaterally, leaving you with the question, Who do they think they are?

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Dismal

At the outset, you realize that something is wrong with the caption.  Not being a noun, the space following demands the question, “The dismal what?”  Adjectives require it; we all learned about them in grade school (if that is even taught, anymore) about grammar, and how they “modify” the noun.  It cannot stand alone.  It is a peculiar adjective, isn’t it?  It is one that cannot modify a noun except in a negative way.

Others can be modifiers but can themselves become altered by the mere fact of relational influence.  For example, one may refer to the “beautiful ugliness” of a landscape, and understand by it that the contrast between the two modifies one another.  But with the adjective “dismal’, it seems never to work. Whatever noun it stands beside; whatever word that it is meant to modify; in whichever grammatical form or content — it stands alone is a haunting sense of the dismal — of down, depressed and disturbed.

It is like the medical condition that attaches and refuses to separate; of an embrace that will not let go, a hug that cannot be unraveled; and a sense that cannot be shaken.

For Federal employees and U.S. Postal workers who suffer from a medical condition, the adjective of “dismal” often precedes the realization that one’s career must be modified in order to attend to one’s medical condition.  Work takes up a tremendous amount of one’s time, energy and strength of daily endurance, and obtaining a FERS Disability Retirement annuity is often required just so that one’s focus can be redirected in order to attend to one’s health.

The process of preparing, formulating and filing, then waiting upon, a Federal Disability Retirement application is a daunting one, and you may want to consult with an attorney who specializes in Federal Disability Retirement Law, lest the dismal turn into a morass of a bureaucratic nightmare which fails to modify the noun that all applicants yearn for: The approval.

Sincerely,

Robert R. McGill, Esquire

 

Attorney for Federal Disability Retirement Claims: King for a day

There are, then, those highs and lows which everyone experiences; of days when one has successfully maneuvered through the pitfalls of the day, and where troubles, problems and difficulties have been either overcome or avoided — both of which amounts to the same thing in most instances.  To be King for a Day — is it a mere feeling that obfuscates the reality of one’s situation, or a reality based upon a metaphor hanging on a cliff of a proverb?

The world for the most part leaves the rest of us the crumbs off of the tables of the wealthy and powerful; the sense that we have any real control over our own destinies is tested when something goes wrong, and we try and correct it.  The rest of the time — of being King for a Day — is to just make us feel like we have any such control on any given day.

Take the Federal or Postal employee who struggles 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 Federal or Postal job — some days, when the medical condition subsides or it is merely one of those “good” days, it may feel that destiny is within the palm of your hand and that the day’s brightness allows for a future with the Federal Agency or the Postal Service.

But then the inevitable “setback” occurs, and the cycle of the “bad day” comes along.  Then, one day the Federal Agency, with its co-conspirators of supervisors, managers and some coworkers, or the Postal Service with the same cabal of backstabbers, begins to initiate adverse actions with steady and incremental deliberation — of leave restrictions; unreasonable and baseless denials for extended leave or FMLA; letters of “warnings” and even placement on a PIP; and then one asks, Whatever happened to that feeling of being King for a Day?

Life is full of struggles and difficulties; we rarely are able to get a full handle on the future course of unanticipated troubles, and that is why preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is so important to get started early and well on the right track.

Being King for a Day is never the solution to the lengthy process of life’s misgivings; for, in the end, it is the Court Jester who hears all and counsels well, just like the lawyer who specializes in Federal Disability Retirement Law.  If only King Lear had listened to the Fool — what disasters he would have avoided!

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Benefits: The full emptiness

Beyond the definite article, the two adjectives would remain self-contradictory if the meaning attempting to be projected were either both (A) in the physical sense or (B) in the spatial, cognitive sense.

A further explanation may be in order, here.  Contradictions often occur when words are mistaken to be conveyed in a single dimension, but can be modified if explained that they represent different conditions, occupying a sense of distinction that can be differentiated because of the slight alteration of contextual bifurcation.

Certainly, the terms “full” and “empty” become self-contradictory when applied in a physical sense for both terms; but if either of the terms are meant to represent different dimensions — i.e., “full” in the physical sense and “emptiness” as an emotion or feeling, or vice versa (“full” in an appetitive meaning and “empty” as a physical fact), then the contextual distinction takes on a differentiated meaning.

One often says that such phrases containing self-contradictory terms are merely a “play on words”, and indeed, it is normally intended to convey a thought-provoking compound of a conceptual construct.  The “full emptiness” is an idea that can denote many meanings; perhaps of a life filled with activities, but somehow lacking in meaningfulness; or, of an individual whose outward appearance is one of fulfillment and contentment, but whose soul is wanting because of a tragedy in his or her past.

That has always been the essence of a life worthy of condemnation, has it not?  Of a friction that continues to rub against each other — of appearance versus reality, of internal versus external; the contrast between the inner sanctum of thoughts and the outer reality of what is expressed.  For, of what worth is a life if it cannot be condemned?

The full emptiness is what most of us project to others, and how others behave towards us; that is the unfortunate aspect of living among and amidst each other.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to impact the ability and capacity to perform all of the essential elements of one’s Federal or Postal job, the self-contradictory concept of a “full emptiness” is a familiar theme.

The outward appearance must continue to be maintained — of competence, ability to multi-task, and capacity to take it all in; all of this, despite the ongoing medical conditions that debilitate and progressively deteriorate.  The inner reality often tells of a different story: of pain; non-restorative sleep; profound fatigue; physical and mental dysfunctions that are hidden and concealed.

Preparing, formulating and filing an effective Federal Disability Retirement application is a step towards vanquishing the contradiction of a life of full emptiness; it is to recognize that the negative circumstances of the medical condition need not dominate the positive hope that is still held that a career once deemed promising can yet open up into a future undaunted by the medical conditions themselves, by securing a Federal Disability Retirement and focussing upon getting one’s health back into balance so that the conundrum of a full emptiness can become a thing of the past.

Sincerely,

Robert R.McGill, Esquire

 

FERS & CSRS Disability Retirement: The changing straw

The “straw that broke the camel’s back” is a known idiom that essentially reveals to us the last in the series of incidents or actions that cumulatively result in the destruction of the whole.  What in the series preceding the last straw; of what weight and import; to what significance may be attributable, we rarely focus upon; it is the last one in the series that we focus our attention upon, precisely because we assume that it is the causal connection to the event that conclusively occurs with a finality of actions.

Yet, as Hume would point out, the fact that a “final straw” placed upon the camel’s back resulted in the next event following, does not establish a causation where that final straw was in fact the cause before the effect.  It merely shows us that X occurred prior to Y’s conclusion.  If a rooster awakens and makes his morning call and the sun rises upon the horizon, and thereafter an earthquake shakes the foundation of the planet, do we conclude that the rooster was the final straw, or that the rising of the sun “caused” the tectonic shifts beneath?

No – the idiom itself, of course, is not meant to be analyzed in that manner; rather, it is a “saying” that merely denotes that, upon a series of events, issues or actions, there comes a boiling point of finality where enough is enough.  But the evolution of societal norms does, indeed, allow for the straw to change over time.

Once upon a time, people “stuck it out” and remained married – if only to keep one’s vows, or for the “sake of the children”, or perhaps some other noble purpose.  Now, the “straw” that results in a divorce has changed – it can range from “failing to communicate” or even because one spouse has gotten bored of the other.  With that changing straw, people tend to tread lightly, given the low threshold of tolerance.  Law is somewhat like the changing straw – perhaps not the substance (although that can change through legislative action), but certainly the application.

For Federal or Postal employees who are considering 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, the issue to always be kept at the forefront is the changing straw throughout – what is the “straw” at work which will help make the decision?  What “last straw” is needed before the cumulative effects of the medical conditions persuade you to realize the need to file?  What “straw” of the law needs to be applied to persuade as to the viability of one’s Federal Disability Retirement application?

There are many “last straws” in life, and much of them change as time goes on; the law, however, remains fairly constant, except for the “last straw” of legal opinions that often alter the landscape of substance and applicability.

Sincerely,

Robert R. McGill, Esquire