Federal Disability Retirement: Monday’s Startle

There is not much that needs to be said about Mondays.  The standard response to, “So, how is your day going?” is quickly understood with the response of, “It’s Monday”.  What is it about the first work-day of the week that brings about the startle of life?  Is that why the traditional week’s cycle begins from Sunday-to-Saturday, because we want to avoid the memory of a week beginning so disastrously?

Do we dread work so much that it becomes a self-fulfilling prophecy, where the expectation of the day following the day off becomes so anticipated with angst and considerations of impending disasters, that what we come to expect we impose our will upon the universe such that reality follows our fears and imagination?  Or, is it that there is an across-the-board truce that comes about without a word of acknowledgment — shortly after the close of business on Friday afternoon — when everyone heaves a sigh of relief, goes into the weekend, and everyone follows the protocol of no longer bothering one another?

How did we come to that unspoken rule — you know, the one where emails suddenly become reduced in volume (except by those with OCD who increase the length and number because of the unresponsiveness of the previously-sent dozen or so), phone calls are put on hold and the furious activity of keyboard punching and looking about anxiously at the clock-that-never-moves — where suddenly a peaceful calm descends like a spirit from on high above the clouds, the white flag of a temporary truce is reached without anyone saying a word, week after week, month after month, year in and year out?

It is reported that such unspoken occurrences were common during every war — our own Civil War, the two World Wars (but not in the more recent ones in Southeast Asia and the Middle East), where ceasefires were embraced around Holy Holidays and some Sundays without any need for negotiated settlements, but with merely a wave and a smile.

Then, Monday’s startle comes with a roar.  Whether because it remains such a contrast against the quietude of the day before, or merely the release of pent-up energy allowed to aggregate over the 2 days of respite and restoration, one may never quite comprehend.

For the Federal employee or Postal worker who suffers from a medical condition which necessitates preparing, formulating and filing 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 CSRS Offset, Monday’s startle is often a chronic condition because of the inability to escape from the anxiety of the medical condition itself over the weekend, Holidays or summer months.

Monday’s startle can be survived, for the most part, precisely because of Saturday’s respite and Sunday’s quietude; but when every day of the week and weekend results in the same angst as Monday’s startle, it is likely time to consider filing for Federal Disability Retirement in order to focus upon one’s health, lest Monday’s startle turns into an endless stream of red flags replacing the white ones of truce where such flags are warning signs of an impending condition that only gets worse.

Sincerely,

Robert R. McGill, Esquire

 

Legal Representation for OPM Disability Claims: The stand-around guy

It is pointed out in contrast to the other finger pointed towards another — not the “stand up” guy (or girl), but the “stand-around” guy (or girl).   The former refers to a person who can be trusted at all times, is straightforward when asked about his or her opinions on a matter, and is generally known as an individual of “good character”.  By contrast, the latter describes a person who is unsure of himself; who loiters because he cannot decide what his purpose is for being anywhere; and is generally picked last, or next to last, when teams are chosen for a pick-up game of basketball or touch football.

It refers to a person who is the “extra” and the odd-man out where, on dinner dates of foursomes or six-somes or whatever-somes, arrives alone and makes it into an awkward three-some, five-some or other-some with an odd number.  She is the little sister tag-along, the younger brother pop-up character and the whac-a-mole that keeps reappearing no matter how many hints are given that his or her company is no longer needed, is undesired or otherwise disinvited; but to be direct and pointed to the stand-around guy would be cruelty in its worst form, as he or she doesn’t quite understand or would rather be subjected to the indignities of being the butt of all jokes rather than to be sent off into the lonely despair of self-confinement and isolation lost upon an island of one’s own thoughts.

He is the person who arrives and never knows where to stand; the last one to be seated, and only if their is an available chair vacated; and yet, the last one to leave despite the desertion of a party where he was unnoticed, never talked to nor engaged and included in conversations where circles and semi-circles of people gathered but no one noticed.

The stand-around guy is the “extra” on a movie-set hoping to get noticed, yet too fearful of such notoriety; and as the activity of the main set continues to focus upon the stars and central figures upon the stage which we call “life”, he or she shuffles about for years and extending into decades, unknowingly contributing to the drama of civilization’s inertness where kindness is rarely shown, humanity is concealed from history, and the cruelty to life’s misery keeps bubbling to the surface like a volcanic eruption percolating unnoticed beneath the seething surface of hidden appearances.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, does it often seem like the rest of the Federal Agency or the Postal Service is beginning to treat you like the “stand-around guy”?

Is it recognized and subtly acknowledged that you are no longer part of that “mission”, and because of your extensive leave-usage or LWOP excessiveness, or merely because you asserted your rights under FMLA, that now relegated into that status of persona non grata, the leper who was mistakenly given a pass out of the leper colony, or like the individual who says things embarrassingly in crowds of socialites who snub their noses at those who feign to be a part of the pseudo-aristocracy?

If you are beginning to be treated like that stand-around guy, it is likely time to begin to prepare, formulate and file 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 — lest the stand-around guy becomes the invisible man whose memory is quickly extinguished because of a removal action that came suddenly and unexpectedly from the upper echelons of powers-that-be, who decided to rid the Agency or the Postal Service of that stand-around guy whose presence was no longer needed.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Putting it all together

It is the disparate and disconnected narrative that often remains deficient — just short of the finish line and like the runner who suddenly steps upon a pothole on the road to the ticker-tape parade, the discombobulation that ensues can throw the entire coordination off, where feet become entangled and the arms fail to swing in rhythmic motion.

Have you ever watched how some runners have perfect coordination — arms swinging in cadence, the effortless motion of the legs, like the “feel” of silk upon a windy day where nothing gets entangled and everything is in perfect synchronization of timeless beauty?  Or, what of a child who has just begun to walk, trying to run — are they not all legs and arms bundled into a web of discord?

Putting things “all together” is like the runner who must coordinate breathing, arms in motion, legs in cadence and eyesight in guiding — of a perfection reached in order to arrive at a destination point called “the finish line”.

For Federal employees and U.S. Postal workers who need to file 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, the key to a successful outcome is partly based upon coordinating all of the elements into a synchronized whole — of the medical records and reports; the Applicant’s Statement of Disability (as reflected on SF 3112A); of the legal arguments to be made and referenced, both as a shield (e.g., of preemptively countering any claim by the Federal Agency or the Postal Service that an “accommodation” has been provided) as well as a sword (e.g., asserting the Bruner Presumption where applicable, or the due consideration that must be given to VA Disability Ratings, etc.); and all of the other details besides.

Putting it all together” may seem like an effortless feat for an experienced runner, but for the Federal or Postal employee who is suffering from a medical condition, who must put a Federal Disability Retirement packet all together, some assistance from an experienced “runner” — an attorney who specializes in Federal Disability Retirement Law — might be in order.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Beyond the shutdown

What does it mean for the government to “shut down” because the Congress and the President were unable to come to a budgetary agreement?  It is often the question that is focused upon, but may be the wrong one.  The more relevant issue concerns the events that will occur after the cessation of the shut down.  What happens afterwards?  For, everyone assumes that the government will come to some sort of budgetary reconciliation, and that there will ultimately be an end to the deadlock.

The House and Senate will finally pass a spending bill, whether of a temporary, continuing resolution, or of a long-term bill that addresses the various issues each side is fighting for.  With that assumption in mind, the question becomes, What happens beyond the shutdown?

Essentially, nothing dramatic, other than that the bureaucracy of the Federal government will experience greater delays, and the shutdown merely becomes interpreted as a slowdown for goods and services, much like the picture painted of a local grocery store closing for a week, a month or many months, and where shoppers would have to find another venue to obtain their wares.  The difference between the private-sector shutdown and a Federal government shutdown, however, is that the former often allows for its competitors to take advantage of the situation, whereas the latter has no such “competitors”, as it is the only “game” in town.

For Federal employees and U.S. Postal workers who are considering filing a 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, the question of “what to do” with the shutdown should be approached with the following questions: Do we assume that the Federal Government will “reopen for business” at some point?  The general answer is: Yes.

With that assumption, should we just proceed with preparing, formulating and filing an effective Federal Disability Retirement application?  Again, the general answer is: Yes.

The “private” sector continues to operate, and so the doctors who need to submit medical reports and records can still be accessed; the standard forms still need to be prepared, and the faster one is placed into the “waiting line” for determination by the U.S. Office of Personnel Management, the quicker the “product” of an approved Federal Disability Retirement benefit will accrue, once the doors of the Federal Government and the U.S. Office of Personnel Management are again opened for “business as usual”, beyond the shutdown that occurs from time to time.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation OPM Disability Retirement: Reality versus fantasy

What is the difference between reality, fantasy, dreams, nightmares and pure hallucinatory visions not otherwise categorized?  At times, we engage in the madness of asking such questions, all the while forgetting that the very reason why we are capable of making such a query is precisely because we already know the distinctions that divide the differences.

In philosophy, there is often the pure pablum and sophistry of asking questions that, at first sight, might be taken seriously.  For example, to the question: How do we know that the reality we are presently experiencing is not merely a dream of a butterfly?  Or: Upon exiting a room, how can we be certain that the objects left behind still exist despite our inability to observe them (similar to the query, Do mountains exist on the far side of the moon?  Or, if a tree falls in a forest and no one is nearby, does it make a sound?).

What we forget when we ask such questions is the precondition to the query in the first place: namely, the fact that we can talk about fantasy presupposes an acknowledgment of a reality that is distinct from fantasy, and it is precisely our “forgetting” such a presupposition that allows for the question to even make any sense in the first place.  It is similar to playing a video game, or watching a movie that skirts outside of the boundaries of believability; the mechanism to suspend disbelief is the pathway towards allowing for unserious questions to gain some credulity.

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, it is often this capacity and ability on the part of ordinary human beings to suspend disbelief in the reality of one’s situation that perpetuates a refusal to take the necessary next steps — of preparing, formulating and filing 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.

Thus can we suspend the disbelief of reality that tomorrow will be any different from today; or that the doctors will find a miracle cure; or that the Federal Agency or the U.S. Postal Service will actually attempt to accommodate the medical condition for the Federal or Postal employee.  On the other hand, fantasies allow for the continuation of hope to fester, as the reality of working for a Federal agency or the Postal Service itself often represents a surrealism that cannot be believed.

In the end, however, the reality of one’s circumstances will “catch up” with you, and the fantasy that the Federal Agency or the Postal Service would do something to accommodate the Federal or Postal employee will ultimately turn into the nightmare that it always was, and only the replacement of a reality that is recognized will awaken you from the slumber of indifference or menacing glare.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Comparisons

We like making them; somehow, it allows for hope and, unfortunately, its opposite, despair, but they are engaged in nonetheless, regardless of the potentialities pointing in either direction.  Comparisons allow for a judgment of who we are, what we have accomplished and what we believe are the acceptable societal norms and standards, and whether we have succeeded or failed in meeting them.

People watch the pablum of television shows that display the ostentatious arrogance of some wealthy individuals who know not the concept of “discretion” or any sense of humility in having attained the higher luxuries of life; yet, many continue to be fascinated by such tasteless shows of comfort, and compare themselves, their accomplishments and the artificial standards of normative achievements that somehow have pervaded people’s psyche.

Of course, the corollary of such an approach to life is to redefine the definition of what it means to be “successful”, and thus to lower the standards in order to be all-inclusive, and do this each time as more and more people need to be accommodated.

Either extremes on the spectrum of man’s favorite sport – of watching, observing and comparing – constitutes the reality of that which is required to attain a level of satisfaction in life.  Of course comparisons are going to be made – for, we live in a world where everything is relative, and one can only recognize and realize the multitude of opportunities and potentialities by comparing one’s own station in life with that of what others have achieved.

Concurrently, sometimes the definition that defines who we are, what is important and where one wants to go, may need some adjustments.  Objectivity is achieved somewhere in the middle, between the comparative observance of “what is”, and the need to tinker with the language game that defines what “needs to be”.

For Federal employees and U.S. Postal workers who suffer 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 favorite past-time of Americans – of observing, comparing and judging – meets a heightened sense of anxious awaiting because of what coworkers and supervisors begin to do.

They compare your level of productivity to what others are doing, and what you were doing before.  An “accommodation” is nothing more than the redefining of one’s essential elements of one’s job; but even with the linguistic rearrangement of those essential elements, the constant barrage of the other side of comparing continues – of supervisors, coworkers, etc., and the entire agency and postal facility judging whether or not you are doing as much as everyone else.

In the end, filing a Federal Disability Retirement application, to be submitted ultimately to the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset, may be necessary, as the sharpened knives of those comparisons may be too much to bear, given the innate nature of man’s cruelty in a world where medical conditions and disabilities are deemed to be comparatively unacceptable.

Sincerely, Robert R. McGill, Esquire

 

Attorney Representation Federal Disability Retirement: Life puzzles

Depending upon the accent or inflection, the phrase can take on differing meanings.  If stated in a monosyllabic intonation, it can be a quiet declaration that the entirety of life is comprised of multiple puzzles in an inert, non-participatory manner.  The other way of “saying it”, is to pause between the two words in dramatic form, or even put a question mark at the end of the phrase, making the second word into an active verb and the noun of “Life” into a projectile that deliberately confounds and obfuscates.

In either form, we all recognize the truth underlying the sentiment: from birth to the continuum of living daily the challenges and encounters, it is always a constant struggle to try and maintain a semblance of rationality in a universe that continually creates flux and mayhem.  That was the philosophical strain that was always taught between the contrasting foundations of Parmenides and Heraclitus; of the wholeness and unity of Being as opposed to the constant flux and change that the world imposes.

Life puzzles us in so many ways, and the life puzzles that confront us daily confound and confuse.  See the subtle difference between the two ways of using the phrase?  In the first, it is in an “active” form, invoked as a verb (transitive or intransitive), whereas in the second, it is used as a noun.  We can get caught up in the grammatical form and usage of words, and in the process, get lost in the theoretical issues surrounding words, concepts and thought-constructs surrounding so many endless and peripheral issues; but the point of recognizing such subtle differences in the language we use is precisely to avoid and deconstruct the confusions we create within the language we use and misuse.

In either form of usage, it is important to state clearly how and for what purpose we are engaging in a formulation of words, thoughts, concepts and narrations.  We all carry narratives within ourselves that we must be ready, willing and able to use in order to describe, explain and delineate.  Those subtle differences that words create must always be untangled.

For Federal employees and U.S. Postal workers 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 importance of being able to distinguish between subtle forms of language usage cannot be over-emphasized.  For, Standard Form 3112A, Applicant’s Statement of Disability, is in and of itself a life puzzle that puzzles even the clearest of puzzling lifetimes; it is, moreover, a legal conundrum and a language puzzle that must be carefully reviewed, discerned, untangled and responded to by first recognizing that life does indeed involve puzzles, and such life puzzles must be approached in a non-puzzling way.

Sincerely,

Robert R. McGill, Esquire