Federal & Postal Worker Disability Retirement: The Chore of Life

We all have our chores to do — some more pleasant than others; of emptying the dishwasher; taking out the garbage; cleaning up the yard after a hard winter’s debasement; attending to the pets; even taking a shower — although, it is puzzling as to why we do not consider the latter to be a “chore” and instead deem it as a daily activity of living.

Watching a toddler, we realize that they, too, engage in chores; the only difference is that everything that they do is involved in the most important chore — the chore of life.  For, the initial engagement with the world — of objects, furniture, toys, pets, other people — involves the primary learning process of how to maneuver through the obstacles of this experience called “life”.

We, as adults, forget that important lesson, because we have encountered it repetitively so many times that everything becomes boring, unimaginative, a burden — in short, a “chore”.  Life in general, after a time, becomes a burden and thus a chore, and then cynicism begins to seep in.  But the chore of life to a child is the fresh encounter of everything in the world precisely because of its freshness and newness.

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 continuing in one’s chosen field of a career, consider filing for Federal Disability Retirement benefits under FERS as another chore of life which must be accomplished — if only to be able to see that there is still life after federal employment.

Contact a disability attorney who specializes in Federal Disability Retirement Law, and begin the process of tackling the chore of life — of getting beyond the old and embracing the new.

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.

 

OPM Disability Retirement: The Lost Illusions

In childhood, we retained many illusions; as adulthood came to fruition, such illusions were slowly stripped away, one by one, until reality hardened the sunlight of hope and replaced them with the gloom of daily existence.  Then, sometime later in life, when maturity formed the mold of contentment and latter-day fancies allowed for happiness to reside, we came to compromise with life’s misgivings, allowing that not everyone is bad, not everything is a failure, and not every regret has to be turned into a nightmare attributable to the fault of our parents.

In short, we finally grew up.  But what about those lost illusions?

We define an illusion as that which is wrongly perceived — in other words, it is our “perception” of X that is in error, and not the substance of what X actually is.  Encountering “Being” in the world is a scary matter [sic] in and of itself; for many, the elixir of living in a world of illusions is preferable to the ugly reality of pure Being; just visit any mental institution and one can get a sense of a universe where illusion dominates.

Throughout life, we must always adjust the world as we perceive it, the manner in which we desire to perceive, and the reality of matching perception with pure Being.  It is the game of expectations and the bumping into reality that is the hardest lesson to learn; and for most, the lost illusions of childhood yearning constantly battles to regain our need for a time past, a regret turned, and a desire snuffed.

For Federal employees and U.S. Postal workers who suffer form 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 illusion that one’s Federal or Postal position was secure for a lifetime’s future engagement may be the first thing that needs to be shed.

Further, the illusion that your Agency or Postal unit will be cooperative during the long and complex administrative process — because you “earned it” or that your prior years of dedicated service should count for something — may also be an illusion that needs to be set aside.

Filing for Federal Disability Retirement benefits will likely require the shedding of many illusions, and like those lost illusions once held by the innocent child that was once you, the illusions inherent in preparing, formulating and filing for Federal OPM Disability Retirement benefits under FERS is no different precisely because the encounter with Being is still the tumultuous affair that it always has been.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Claims: Hypotheticals

Why do lawyers, above most other professions, utilize the tool of hypotheticals?  What is their evidentiary value, and in what way does it help to advance the cause of one’s case?

Say, for instance, you need an architect or an engineer (yes, yes, the humor here is that in speaking about hypotheticals, we are preparing to present one), would you be at all impressed if, after describing with precision the type of product you desire to have built, or in requesting a blueprint of a model house you are interested in, the architect or the engineer presents you with a hypothetical?

What, first of all, is a ‘hypothetical’?  It is, first and foremost, a proposition of non-existence, but with components of reality that may or may not have occurred or existed except in partial or disparate forms, delineated in an attempt to make or prove a point.  It is the tool of the attorney, just as the pencil and the blueprint are the resources of the architect, and the mathematical calculations the reliance of the engineer.  Often, it is used by means of analogical content to prove a point and to enhance the evidence gathered.

Take, for example, the lawyer who defended a bank robber.  He meets his client for the first time, and the criminal defense lawyer puts up a hand in order to stop his client from speaking, and says the following: “Now, take the following hypothetical, Mr. Dillinger: A man walks into a bank and hands a note to the teller that says, ‘Give me everything in your drawers.’  Now, that man was subsequently arrested.  No cash was ever exchanged; no weapon was ever found.  The question, then, is: What was meant by the words?  Only you know.  If, by way of a hypothetical, the man meant to obtain the contents of the teller’s drawer, it might mean 10 years in prison.  If, on the other hand, the note meant to be a lewd proposal about the teller’s anatomy beneath her undergarments, it would likely be a misdemeanor offense.  Now, Mr. Dillinger, which is it?”

Now, aside from some who would view such a presentation as somewhat unethical for “suggesting”, on the part of the lawyer, which intended “meaning” the defendant possessed at the time the note was passed, such a hypothetical is intended to denote the importance of hypotheticals within the purview of “the law”.  Hypotheticals allow for individuals to see the differences in paradigms or examples; it allows for options by way of analogy.

For Federal employees and U.S. Postal workers who suffer from a medical condition where 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, hypotheticals have quite likely become like unicorns and gnomes: no longer a figment of one’s imagination, but a reality that must be faced within a surreal universe of a Federal Agency or the Postal Service that fails to possess the humanity necessary in dealing with a person with failing health.

Words of platitudes are often spoken; and, perhaps, here and there, you come across someone at your agency that actually cares.  But for the most part, such “caring” amounts to no more of a reality than mere hypotheticals; and when that realization comes about that the clash between hypotheticals and reality must be confronted, it is time to get down to the “nuts and bolts” and prepare, formulate and file a 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.

And, as an aside, you may be asking, What was Mr. Dillinger’s response to the lawyer’s hypothetical? He punched the lawyer in the mouth, stood up and said, “Jeez, I ain’t no pervert!  Of course I wanted the money!”

Sincerely,

Robert R. McGill, Esquire

 

 

OPM Medical Retirement: Days of Partial Life

To whom do we owe our due?  What motivates, compels and propels?  Is it by way of a sense of indebtedness (a sort of negation attempting to claw back and regain a foothold), or an assertion of one’s rightful ownership of life, land and property?  Or perhaps there is a sense of a higher calling, whether by teleological justification, or a whisper of duty?

Some days, we walk within a mist of stupor, half-alive, barely conscious, and hoping to simply get through the day.  Other days, a breath of fresh air fills our lungs, and life promises a brighter future, like the winds suddenly lifting the stagnant kite higher into the heavens where promises of greater glories hold truth in the palm of an angel’s hand.  We often fail to recognize the power of our own daily will; it is free to choose, undetermined in the morning, past memories in the afternoon, and concretized by night.

There is a difference when an individual is beset with a chronic and debilitating medical condition, precisely because in such circumstances, one’s daily life is no longer free to choose like entrees on a menu for a preset course of delectable meals.  No, individuals with impacting medical conditions can only live lives of partial living, bifurcated into elementary segments:  times of pain, times of being pain-free; times of lethargy and cognitive loss of focus, and rare times of mental acuity and clarity of judgment.

For Federal employees and U.S. Postal workers who suffer daily from a medical condition, such that the medical condition begins to prevent one from performing one or more of the essential elements of one’s job, the judgment to file for Federal Disability Retirement may come when the proportionate bifurcation of the partial life reaches a critical point where the segment of pain exceeds the portion of non-pain, or put quite simply, when the quality of life deteriorates so miserably that one’s days off are merely used up in order to recuperate for further days of pain or cognitive dysfunction.

Federal Disability Retirement, filed through the U.S. Office of Personnel Management, is a benefit available to all Federal and Postal employees who have a minimum number of years of Federal Service (18 months for those under FERS; 5 years for those under CSRS).

When those days of a full life become transformed into a chronic continuum of days of partial life, it is time to consider preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire