Tag Archives: proposed discipline for awol while on fmla

FERS Disability Retirement: World as Field of Acting

The insular universe is one of consciousness, deliberation, thought and decision-making; and once we will ourselves to act, the action itself takes place in “the world” — and within that greater world, we have the capacity and potentiality of impacting the objective field, however limited, in some significant way.

Most of our lives are spent in mere thought.  Every now and again, we awaken from our slumber of this cocoon, wrapped in shards of considerations, deliberations, fears, emotional turmoil and constant upheavals in deciding or not deciding to engage this world.  But once the decision to act is made, the space between mere thought and movement of the body disappears — and then, of course, others can see what you are doing.

It is the hesitation between thought and act which often makes all of the difference in the world as field of acting — for, it is that very hesitation which determines the efficacy of one’s life.

For Federal employees and U.S. Postal workers who have been hesitant about initiating the process of Federal Disability Retirement through the U.S. Office of Personnel Management under FERS, the world as field of acting should probably involve an initial consultation with a disability lawyer who understands not only the process of the bureaucracy, but moreover, the substantive basis of the law.

Contact a federal attorney who specializes in Federal Disability Retirement Law and begin the process of engaging with the world as field of acting.

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.

 

Medical Retirement Benefits for US Government Employees: The Spiraling Life

There are spiral church towers; spiraling stair cases; spiraling lives — often, and seemingly, out of control.

Anxiety is often described as spiraling upward and out of control; depression, downward, with loss of objectivity.  “Control”, of course, is the preferred and accepted normative structure in daily living, and to be “out-of-control” means that we are unable to keep our fears in check, our anxieties within restrictive limits, and our depressive symptoms within reasonable boundaries.

The way in which we live — of the demands of work, obligations of family, the emotional baggage we carry with us from childhood onwards — contributes greatly to the manner of our lives.  The spiraling life — whether by choice or by habit — is too often the one we are left with.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition seems to be spiraling out of control, contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law and consider the option of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: The Required Rhythm of Normalcy

When we break it, we become bombarded with looks of irritation, a pause filled with suspicious surprise.  The quick, “Good-to-see-you-hope-you’re-doing-well” is meant as a quick conveyance of polite nothingness, and is the throw-away line that allows for the rhythm of a quick-paced society to retain its fast-lane of existence.  You are not to respond except in a similarly empty manner, with a “Yes, nice-to-see-you-too”.  To break the rhythm of normalcy is to interrupt with a real response; to say something like, “Actually, I am not doing too well.  And since you have asked, let me tell you why…”.

Normalcy is the abnormal, and the norms and conventions that were once taken for granted have now been turned upside down and have become the abnormal, the irritating and the blade of rudeness.

In a time past and now gone for seemingly forever, there existed communities where people actually stopped and spoke to one another, showed some concern and exhibited some neighborly empathy.  In modernity, we hide within the barricaded walls of our own secluded lives while declaring the number of “friends” we have on Facebook, though we haven’t met any of them nor actually known them in person.  The blank slate of a computer screen or of our smartphone determines the emotional viability of our daily lives, and so the required rhythm of normalcy has become one of isolated disengagement from actual life.

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 required rhythm of normalcy is to act as if there is nothing wrong, when in fact there is much that is “not right”.  Consult with a FERS Attorney who specializes in Federal Disability Retirement Law and think about breaking the required rhythm of normalcy.

Sincerely,

Robert R. McGill
FERS Disability Attorney

 

Medical Retirement for Federal Government Employees: Age-based worth

That is the ultimate hub of it all, isn’t it?  Age is always a factor, whether a society enforces protective measures, anti age-discrimination laws, or simply deny the underlying existence of the subtleties that conceal the unfairness of it all.  What is it about age that compels people to judge the worth of others based upon it as the singular criteria that determines value?

If a person is expected to be at the “end” of one’s life — say, nearing 80 or 90 years old — is that person’s worth any less than the newborn who enters upon this world with the same expectancy as that old codger’s past remembrances?  Why do we consider it an honorable gesture if, on a ship that is about to sink, the older men make sure that children (and women) are the first to fill the lifeboats and rafts before considering themselves?  Are their lives not worth of any greater, equal or identical value as the young ones who benefit from such unequal conduct?

Perhaps, in modernity, such gestures of chivalry would no longer apply, and the more current perspective of “first come, first survive” would be the rule of the day.  In a society where criteria of worth and value have been cast aside and where each individual is considered without regard to age, race, ethnicity or origin, is perhaps the better approach — but is that true in all contexts and circumstances?  The fact that there should be no discrimination based upon age in the workplace — does it mean that the same rules should apply in the sinking-ship hypothetical?

For Federal employees and U.S. Postal workers who are considering 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, age must always be a consideration because of the automatic conversion to regular retirement at age 62.  On the other hand, the time that a person is on Federal Disability Retirement counts towards the total number of years of service when the recalculation occurs at age 62, and so the extra percentage points will be of great benefit no matter how old a person is.

The laws seem always to favor the younger, and age-based worth is often a consideration in engaging any and every sector of life, and that is no different in considering filing for OPM Disability Retirement benefits, whether under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: The unknown world

It is that part of the universe that is often seen as the “far side of the moon”, where shadows befall and eyes never perceive, witnesses never survive and documents don’t exist.  Mount Everest was once that world; galaxies outside of our own, despite our best efforts to invent and create greater and stronger telescopes, or ones that float in the nothingness of outer space and send back digital images that are obscure and indistinguishable from inkblots accidently spilled upon a sheet of white paper, but somehow scientists can discern great discoveries by pointing to colors, hue, magnified analogs and complex algorithms that leave the rest of us scratching our heads and declaring, “You got all of that from this picture?”

There was life once on Mars and Jupiter since contained icicles that entrapped microbes billions of years ago, and just through a photograph of a fuzzy specter that the rest of us would have interpreted as Bugs Bunny leaning against a fencepost eating a carrot stick.  But of unknown worlds and the far side of the moon where shadows rest upon and hide the human toil of secrets and conspiracies, the truly mysterious one is the subjective mind of the person sitting next to you.  Yes, yes, it may not appear that way – perhaps each time you ask a question of that individual, he or she merely grunts and states in the same monotone of boredom and unexcitable drone, “Yep. What of it?”

And so when PBS or the National Geographic Society has some show about the complexity of the human brain, the neurons and the micro-conceptual foundations that make up the universe of human circuitry, dreams, images, thought-processes, Freudian and other “-ians” that delve into the human mind of the conscious, subconscious and unconscious and all spectrums in between, you turn, look at that same person and say, “Not.”  Or, that person one day does something completely out of the ordinary and during his lunch break takes out a book – say, Kant’s classic on the foundations of metaphysics, or some such esoteric material, and proceeds to mumble to himself, and you say, “Gee, didn’t know he was into that.”  But then you again try and engage him with, “So, what are you reading?”  And the familiar refrain comes back: “Yep. What of it?”  Beyond disappointments and non-engagements with universes parallel, mysterious and already predicted, there is still that “subjective” universe where pain remains, medical conditions are hidden and plans for the future are yet to be expressed.

That is the netherworld of the Federal or Postal employee who must contemplate preparing, formulating and filing 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.  It is also the world of “cat-and-mouse” – of when to tell the Federal agency or Postal service of your intentions; how much to tell; when to submit the Disability Retirement packet so that it obtains the greatest advantage against the Federal agency or Postal Service; and all of the complexities in between.

Yes, there are still “unknown worlds” and universes; you just became too much a part of it to recognize the wonder of it all, because the guy next to you keeps burping and saying, “Yep. What of it?”

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Not the storybook tale

It has been widely commented upon, by naysayers, essayists and various commentators upon life’s winding course of pessimism, cynicism and some rarefied sprinkling of optimism, wherever the “isms” will take us: we are crippled from an early stage of life by being fed Fairytales and Fanciful Fantasies, and then pushed out the door to deal with the reality of the real world, which are NOT like the storybook tale.

Why the disconnect?  Wherefore the disjunctive between what we grant to our children in contrast to the objective world?  Do we witness any of the other species in this Kingdom harm with such aplomb their youngsters – where birds “cruelly” push their young tots out of the nest to force flight even if not quite ready; where predators abandon their herds and hoards to survive on their own – by first saying: “Now, now, kids, I am going to tell you a lie, then have you live in the early phases of your life only to be disappointed by the reality of what you will be facing”?

No, the human species is one of a kind; but then, we have the capacity of linguistic elasticity – a tool that others are (fortunately) not weighted down by.   Isn’t that the story of politics – of saying things that will never come to fruition, promising acts that cannot be accomplished, and declaring facts that are merely alternatives to objective reality – just so that votes can be accumulated and enemies can be identified?

It is well that human beings can fantasize and live in an imaginary world, because otherwise we would all go insane if we had to encounter the reality of the objective universe around us.  What of Marx’s dictum that religion is the opiate for the masses – if true, where are we today, inasmuch as religion is no longer a cohesive foundation in most people’s lives; and, if false, what has replaced it as the dulling effect for survival’s continuation?  Is it the flag, the Constitution, the hope founded upon a Lottery Ticket, or perhaps the greater indication of that which is not an analogy or a metaphor, but the reality of heroin addiction that is a growing menace?

Perhaps, after having tried everything else, the opiate itself is not just some proverbial reality, but the real thing itself, and that is why the problem grows exponentially.  Perhaps, we have come to a point where we realize that the fairytales told and the reality faced cannot be reconciled.

For Federal employees and U.S. Postal workers who have had a long and productive career, but where medical conditions have more recently impeded, debilitated, and ultimately prevented the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal position, perhaps the realization has come to the fore that the storybook finish line doesn’t quite match up with the reality of one’s present situation.

That’s okay.  You’ve earned the right to view reality “as it is”, as opposed to the fond remembrances of fantasies and fairytales.  Yet, don’t become too entrenched in a negative perspective; for, the objective reality is more likely somewhat involving greater balance, and preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is not the end of one’s professional career, but merely another beginning.

Many have gone on beyond a Federal Disability Retirement and started new careers, initiated fresh vocations and enjoyed a second or third phase of life. It is somewhat like a marriage, a divorce and then a remarriage. Perhaps it is not the storybook tale written by some, but it can be one that is written by you.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The Moral Code lost in pragmatism

Kant is the best example, and is used often.  Of that arrogance defined by universalization of a query; and if we are willing to apply it in all circumstances, regardless of individual differences that may matter in the context of exceptions recognized, we are to adhere to that which may harm our own interests.  Why is transcendence important?  Why do philosophers insist that any “valid” moral basis possess a metaphysical foundation, transpired in order to justify a cornerstone unsullied by the meanness of common life?  Is the fact of relative significance unacceptable merely because it is subject to change?  Do we not, in daily life, have to adapt in every circumstance, all the time throughout every encounter with experiences, and is this not the very essence of survival?

We bought the posit of Plato and Aristotle – those two old Greek men who provided the foundation of Western Thought – that either (A) a transcendent Form of universalized principle must exist, or (B) that a methodological argumentation must be able to be advanced, in order to “justify” the ethical groundwork telegraphed.  That is how laws, statutes, and societal foundations have evolved – from the implicit assumption that, somehow, principles above and beyond the pragmatic are necessary.  But are they?  In a world that embraces pure materialism and the genetic predisposition of all that exists, without the inconvenience of a creator or grand inquisitor, is not the approach of pragmatism – of that which merely “works” – enough?

That is how the Federal agencies and the U.S. Postal Service operates these days; they care less about any “principles” of fairness in the workplace, or employment “codes” that allegedly overshadow the work ethic applied to employees, and instead, approach it with a view towards the bottom line:  Profitability.  For so many years, the Federal Government was incessantly being compared to the private sector – in terms of output, efficiency and investment-for-returns.  Such comparisons failed to recognize the obvious:  the two general entities served different purposes and needs of society, and forcing them to coalesce and reflect each other merely denigrated the essence of each.

It is not so much the attributable similarities between Plato and Aristotle which form the foundation of such thinking; rather, it is the contrasting approaches between Heraclitus and Parmenides that conform our moments of contemplative underpinnings:  between change and permanence, betwixt relativity and transcendence.

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 question often arises as to a conflicting sense between one’s “Moral Code” and the pragmatic need to file for Federal Disability Retirement benefits through OPM.  Often, such a conflict is merely a result of muddled thinking – that, somehow, it is not “right” or “fair” to file for benefits when one is so young, or where one can still be productive, but not at the same level as before.  But that is precisely how the benefit of Federal Disability Retirement is set up – to allow for a retirement from one’s particular kind or type of work, yet presenting an opportunity to remain productive in the private sector, and potentially make up to 80% of what one’s former Federal or Postal position currently pays.

Morality is all well and good for the elitists of our culture, but in the common world of pragmatism, we must embrace that which we are given, like breadcrumbs dusted off at the dinner table of the behemoth called, the United States Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: That Song That Won’t Go Away

There is that song, tune, jingle, etc., that sticks to the mind and refuses to go away; and the circularity of the anomaly is that, the more one tries to expunge the melody from one’s mind, the greater the force of staying power; it is only when we “give in” to the persistence, and “give up” trying so hard in suppressing beyond the subconscious, that there comes a time when we can give a sigh of relief and acknowledge, “Ah, it’s gone” — and upon that very instance, it comes right back!

Such persistence of pernicious placements in the universe of cognitive capillaries are not the only conundrums in life; the general rule to be extrapolated is that, the greater the resistance, an equal and exponential quantification of insistence will reverberate.

Thus, for Federal employees and U.S. Postal workers who try to avoid, suppress or otherwise ignore a medical condition, such that the medical condition begins to impact one’s positional capacity to maintain productivity and a semblance of denial, the greater force by the agency to increase the pressure, and the further exacerbation of the medical condition itself because of the added stresses of the agency, the Postal Service, etc.

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 always an option and alternative that needs to be considered, if only to prepare for an exit and avenue out of the constant morass which fails to let up.  Prioritizing of life’s challenges involves taking affirmative steps towards a resolution.  If you don’t do it, other forces outside of your control will.  When it comes to your own health and well-being, it is the Federal or Postal employee who knows well when the time is ripe to begin the long process of preparing, formulating and filing for FERS or CSRS Disability Retirement benefits.

In the end, the song that just won’t go away is merely a melody of irritation; when it comes to the nagging deterioration of a medical condition, however, the stakes are much higher, and comparing the two is fine for metaphorical purposes, but not for the challenges which must be faced before the universe of reality and pragmatism.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Disability Retirement: Ritualistic Behavior

We persuade ourselves that only children play those games; of turning suddenly left, instead of right; of pretending to be asleep, only to unexpectedly open one’s eyes to test the reality of our surroundings; and other discordant acts in an effort to defy the predetermination of fate, as if the karmic principles governing the universe are subject to the vicissitudes of private thoughts.  But the anomaly of the unexpected is that, once a pattern of disjointed behavior itself becomes a monotony of the routine, the corridors of ritualistic behavior become entrenched and often prevents one from taking steps necessary to step outside of the proverbial box.

Conventional thought processes can themselves become ritualistic; thus do we believe that by neglect or avoidance, medical conditions will just “go away”; or that the increasing hostility and initiation of adverse actions by an agency will cease if we just “ignore” them; or if we just continue maintaining a semblance of competency, the incompetents will recognize and acknowledge the superiority of motives, and desist from the constancy of interruptive actions.  Such ritualistic behavior, however, has little to no impact upon the reality of the world, no more than when the child in us attempted to defy fate and the karmic gods which rule the universe.

For Federal employees and U.S. Postal workers who suffer from a medical condition, the route of exit from the madness of the universe is to 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 plain fact is, no one cares for one’s health or well-being except the person who suffers from the medical condition, as well (one would hope) one’s family and spouse.

Reflection upon the priorities of life must always be reengaged; and continuing onward with vestiges of child-like ritualistic behavior, against all sanity telling us that things will not change despite our best efforts, will only prolong the agony and the angst of life’s unfairness.

Filing for Federal Disability Retirement benefits through OPM is available for those Federal or Postal employees who can no longer perform one or more of the essential elements of one’s positional duties, and while continuation with one’s agency or the U.S. Postal Service may be a laudatory goal revealing an undying sense of loyalty, it is the dying portion of our better selves which whispers the lie that ritualistic behavior can alter the course of human history within the microcosmic universe of karmic incantations.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Requisite Sense of Control

Most of us require a semblance of self-determination, if only to conceal the inadequacies and keep at bay the disasters which portend, or pretend, whichever the case may be.  By controlling circumstances, we believe that we can maintain prevention of crisis, pre-determine the outcome of expectations, and squirrel away the hesitations and insecurities controlling us in our lives of desperate needs.  But life has a way of defying the macro-minutiae of the limited universe within our reach and immediate control.

Mastery of life is difficult to attain; just when we thought we had grasped the foundational principles of life and living, old age sets in, and the youthful vigor dissipates, like the ethereal dust of residue left behind by the flight of angels.

For Federal employees and U.S. Postal workers, it is that sudden onset of a medical condition which nags and refuses to go away, which becomes the harbinger of things to come.  Agencies and the Postal Service tend to be “meddlers”, and once a particular Federal or Postal employee becomes the trigger-sighted individual, the stray bullet that travels is normally not too far behind.  Loss of control, or the abandonment of a requisite sense of control, is derived when agencies target, and when adverse actions are issued, a PIP is imposed, and leave restrictions commanded.

Filing for Federal Disability Retirement is an option which is a viable avenue to pursue, precisely because it attains and reasserts that requisite sense of control, by securing a needed annuity for some semblance of financial security and stability.  OPM Disability Retirement is also a means of re-focusing one’s life upon the priorities which matter — such as one’s health and well-being, so that the harassment and hostility at work will cease.

But the long road in preparing, formulating, filing and waiting upon a Federal Disability Retirement application, filed ultimately through, and decided by, the U.S. Office of Personnel Management, is another bureaucratic morass which — for a time, at least — will feel like entering another and surreal universe where one’s destiny is in the hands of another: OPM.  But in life, as in the parallel universe of the absurd, one must first lose control in order to gain the requisite sense of control.

Sincerely,

Robert R. McGill
OPM Disability Attorney