Federal & Postal Disability Lawyer: Reality, perspective & medical condition

Reality is the existence of Being; perspective, the Kantian structures of how we see things; and a medical condition is that intervening, interrupting and corroding event that may render the first and second of this tripartite concept into a skewering of prospects.

Of course, a medical condition impacts the reality of a situation, especially a person’s ability, capacity and initiative towards a goal, and further, one’s perspective may become completely altered as a result of the event –priorities may change, the goals one has may be pared back, and even the enthusiasm towards certain things may become modified.  That is why a medical condition is sometimes considered a “game changer” in the reality and perspective of one’s life.

Life is full of bumps and bridges; of trespasses and rightful directions; and even of encounters with empathy, love and kindness; and though the reality of one’s situation may often appear that any perspective other than one seen through the eyes of meanness, cruelty and hardened hearts is merely a child’s dream of a fantasyland long passed and forever extinguished, there are still times of joy to look forward to, moments of smiles and days of sunshine left.

A medical condition is often a dark cloud, but a proper perspective on the reality of that darkness needs to be gathered.

For the Federal employee and U.S. Postal worker who sees nothing but turmoil, disaster and progressive deterioration because of the medical condition that prevents the Federal or Postal worker from performing one or more of the essential elements of one’s job, 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 lend the Federal or Postal employee a different perspective on the reality of one’s situation.

No, filing an OPM Disability Retirement application will not be the answer to all of reality’s problems, but it may change one’s perspective as to the dark cloud that has gathered upon the reality of that medical condition that won’t seem to go away.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: Was it all worth it?

It is that penultimate question – the one that has multiple cousins and unwanted siblings, illegitimate off-springs and uninvited guests, like:  What is the meaning of my life (refer to previous posts concerning Russell’s quip that such pedantic queries are often the result of indigestion)?  Did I do the right thing (such lines of interrogatories often emerge from a guilty conscience, so you might not want to ask that one)?  Did I spend enough time with my kids (almost always, “no”)?  Did I remain true to my marriage vows (sadly, according the statistical analysis, most people would have to answer in the negative)?  Have I behaved honorably throughout (it would depend upon the definition of the term, and of by-the-way, we tend to have private dictionaries defining words these days in a subjective, self-serving manner)?

“Was it all worth it” goes in so many directions, it is like the catch-all phrase or the “general aegis” over which all other questions and queries reside.  To whom?  By what measure?  In contrast to what other “it”?  And the more important one: Can we clarify and “flesh out” what the “it” refers to?

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prompts a need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the interrogatory itself often means that the point of “worthiness” refers to the delay and loyalty shown by the suffering Federal or Postal employee before taking the next needed steps in preparing an effective Federal Disability Retirement application.

Often, to the detriment of the Federal Disability Retirement applicant, such a query means that you have already pushed yourself well beyond that which is actually for your own good, and while loyalty, faithfulness, hard work and such similar attributes are laudable and “example-setting” characteristics reflecting well upon the one who asks the question, the answer may be – at least from a medical perspective – formed in the negative.

For, isn’t part of the point in filing a Federal Disability Retirement application to do so before the medical condition gets to such a severe crisis point of deterioration so that there is actually a retirement to enjoy?

Remember that the standard of proof in obtaining a Federal Disability Retirement is not to reach a state of “total disability” (which is the standard in a Social Security case); rather, it is to show that the Federal or Postal employee cannot perform one or more of the essential elements of one’s position.

Thus, when you ask the question, “Was it all worth it?” – it is indeed important to know what the “it” refers to, both in the second word of the question as well as the fifth and last.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The change is in us

We wake up each morning expecting the world to have remained unaltered during the night; yet, as Hume’s argument concerning causality would have us believe, there is no necessary connection we have identified or conceptually ascertained, but merely our imagination anticipating and projecting into the future, such that stability of the universe around us pervades in a constancy of regularity.

The surroundings remain familiar; the coffee machine is of the same make as when we left it the night before; even the dogs appear unchanged, ready to obey and begin the day in the fashion that canines are accustomed to.  Perhaps you bump into an object before turning on the lights, and you find that someone in the household has shifted it from where you last saw it.  You resolve to inquire about it later in the day, or are immediately satisfied that “X must have left it” and therefore the “mystery” is solved.  Never does it enter your mind that the world, in its own power of intended shifting, moved without direct causal intervention.  You step into the bathroom and look in the mirror, where the same features stare back.

Yet, what may be different, what results in a subtle but perceivable alteration, is not the world reflected on the wall behind, but the compendium of complex emotions, memories, thought-processes and cognitive intuitions having rested through the night, and now are awakened to perceive, judge, analyze and evaluate in the wakefulness of the moment.

It is us that changes.

As Kant pointed out, we bring human structures of perceptual constructs to the inert world which pervades and surrounds.  The universe we invade and occupy often remains constant, and in that rhythm of regularity, we find solace in a methodological quietude.  Yes, cars whiz by and honk their horns, and birds chirp in the early morning dawn, but such movement has already been anticipated and entered into the equation of our consciousness.  It is only if buildings move, like earthquakes responding to the tectonic shifts of unseen caverns, when we panic within the world of regularity we have created.

But then, sometimes, the outside force touches upon us directly, and that is when the peace and quiet of constancy becomes disturbed.

Medical conditions tend to do that — for they have a duality of existence.  It is a change “out there”, somewhere whether visible, as in a physical injury of open wounds, or “in there”, whether as an unseen pain correlated by a diagnostic test, or even a psychiatric condition which pervades and progressively debilitates.  But the duality exists precisely because the “there” is also part of the self which recognizes the change.

The change is not only “in us”, it is us.

And it is often that very duality of alteration which thus requires a further change in abutting against the unchanging and impervious universe around us.

For Federal and Postal employees who suffer from a medical condition, this realization that one’s own Federal agency or the U.S. Postal Service is unwilling to change, to accommodate or to transform in response to the medical condition, is a knowledge which is gained often through the harsh reality of confrontation and harassment.  For such Federal employees and U.S. Postal workers who come to this realization, the option of 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 a consideration which must be seriously entertained.

It is, for many, a realization likened to “growing up” in a world which is often cold, uncaring and unconcerned.

As agencies are behemoths which reflect the character of a society, so it should not be surprising that Federal agencies and the U.S. Postal Service are not entities which respond well to change.  For, in the end, we must always recognize that the most significant change in the history of shifting burdens does not occur in the textbooks of time, but closer to the heart of every individual, and it is not change in the “other” which calls forth the earthquakes resulting in tsunamis, but it is the change in us, as it is change which is us.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Law: The Editorial Process

Every writer dreads the process; on the other side of the proverbial fence, it is the joyful perverseness of the editor, with markers in hand and metaphorical scissors and knives to slash and cut, the necessity of reducing and whittling away the creative volume of words forming descriptive paragraphs and the infancy of a birth of genius, or so one always thinks about one’s own work.

Everyone has a story to tell.  How cogent; whether systematic in logical sequence; the relevance of certain statements, sentences, and sometimes paragraphs and chapters, may undermine the greater purpose for which something is written.

The story to tell must always be refined and bifurcated into categories of recognized goals:  Who is the audience?  What is the purpose of the piece?  Is there a thematic foundation?  Who will be interested?  What is the appropriate forum for publication?  These questions, and many others, are rarely asked (or answered) beyond the egoism of the compelling need to tell.

For Federal employees and U.S. Postal workers who have a story to tell, the telling of the story is often the basis upon which one files for Federal Employees Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  Sometimes, the story must be told in another forum — to the Office of Worker’s Compensation, or perhaps to an EEOC venue.  Will the stories change with each telling to a different forum?  Perhaps not the core of the story, but certainly some of the relevant details.

As with preparing and formulating one’s Statement of Disability for a Federal Disability Retirement application, the facts to be told, the focus to be emphasized; these all depend upon the audience of one’s target.  It is not a matter of changing or omitting; it is the necessary editorial process which makes for good print.

For the Federal and Postal employee who tries to go it alone, rarely can one be the writer and editor at the same time; and it is likely the editorial process which results in the successful outcome of any writing endeavor; and while the acclaim and accolades of success spotlight the named individual, the printed byline and the recognized author, it is the behind-the-scenes process which really wins the day.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement Law: The Carousels of Summer

The mounts littered throughout the roundabout can be diverse and captivating; in the swirl of the rotating platform, the child in us wants to sit upon every creature, from unicorns to zebras, the traditional horse and the mythological creatures of one’s limitless imagination.

As we grow older, we come to realize that the spinning sensation itself remains static; the difference between climbing into the bosom of one creature as opposed to another, is indistinct and ultimately irrelevant; when one’s childlike imagination and excitement wrought in ignorance of the cruel world becomes extinguished, the fun of being naive and clueless is no longer an option.  Cynicism comes with maturity; the older we get, the less likely are we to allow ourselves to travel into the realm of the unreal.  Life tends to do that to us.

The road of hard knocks is littered with tales of turmoil and turbulence; storms come and go, and while the devastation left behind can be somewhat repaired, the psyche and soul of damaged people can rarely be glued back together, as fragile porcelain leaving behind fissures wide and gaping as the childlike wonderment we once knew.

Federal and Postal employees know the experiences of life:  the internal battles, the power struggles and the herd-like mentality of agencies and departments.  Then, when a medical condition hits, and the Federal or Postal employee is no longer the golden-boy of past cliques, one is cast aside like the child who is left outside of the teams picked in linear sequence, until the silence of being ignored becomes a reality as shame and embarrassment shouts in muted suffering.  Sometimes, the wisest move is to move on.

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 the best and only option remaining.  To attempt to stay is like the biblical admonition of “kicking against the goads“; to walk away and do nothing is merely to spite one’s self; and so the Federal or Postal employee who has a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s positional duties, should always opt for the best remaining alternative.

To prepare, formulate and file for Federal Disability Retirement benefits through OPM is ultimately not an admission of defeat.  Rather, it is to enliven that imagination once grasped, but since forgotten; of the child who discovered that changing from the seat of a dragon on a carousel to the bosom of a resplendent unicorn makes all the difference not in the change itself, but within the comfort of the limitless imagination of one’s mind.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Lawyer: Catharsis

Medically, it is the process of purgation; in experiential moments of truth and recognition, it is the causal impetus to sudden change or need of change.

For Federal employees and U.S. Postal workers who suffer from a medical condition, there comes a time when recognition of the linkage between the medical condition and the mandate for change conjoins to create a cathartic moment of realization.

We can fight against it; one can ignore, disregard, suppress or otherwise pretend; but whether one’s imagination and creative cognitive dismissal can continue a fantasy of make-believe, the objective world around us remains steadfast in reminding one that Kant’s bifurcation of the world we live in, like cocoons in a protective shell of discontent, cannot alter the reality of the noumenal reality beyond the cognitive constructs of our own making.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, is often the first step in recognizing the need for change; and waiting upon a true catharsis will often only result in the self-immolation of destructive purgation — for, by waiting for a crisis-point of that moment where change is necessary, the shock of coalescence where circumstances, the medical condition, and the sudden realization of the true state of affairs come to the fore, may be greater than was ever necessary.

Waiting by ignoring is never a wise decision; procrastination of the inevitable is merely an artificial extension of the coming moment of realization; and in the end, disregarding that which everyone else has implicitly recognized, will only allow for the fate of cathartic gods to send down that bolt of lightening when one least expects it.

Sincerely,

Robert R. McGill, Esquire