Federal Employee Disability Retirement: The little pleasures in life

One often suspects that the concept itself was invented by the wealthy and scornful — perhaps in some back room where caviar and champagne were being served, and someone whispering, “Let the little people have some little pleasures in life…”.  It is that which we are prevailed upon to believe as the ultimate contentment of life: of the “little pleasures” that pass by as the greater significance, as opposed to owning an original Monet or a Renoir.

Is it all bosh?  Does sitting alone with a fresh cup of coffee before the din of life invades — can one glean any greater pleasure than that very moment of quietude just before?  When one stands in those rare moments of uplifting insights — as when, on a clear and darkened sky, you look up and see the trail of a shooting star — does the fact that everything else in the world seems to be falling apart make up for it because you suddenly realize the majesty of the colorful universe above?  Or of a playful lick from your pet dog, the squealing laughter from a child’s joy, and even of the simple pleasure of reading; do these bring greater pleasures than caviar and the roar of a yacht’s engine?

Perhaps there is truth in the admonition of the wealthy that little people should be allowed to enjoy the little pleasures in life; otherwise, what would we all be left with?

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 worker from performing one or more of the essential elements of one’s Federal or Postal job, the little pleasures in life will often have become the greater tragedies of reminders — reminders that you cannot even do those things you once took for granted.

When that critical juncture of realization comes about, then there is often the further recognition that it is time to prepare, formulate and file for Federal Disability Retirement benefits, to be submitted through the U.S. Office of Personnel Management, in order “go back to the basics” — of prioritizing one’s health as opposed to work and career; of regaining the little pleasures of life, like having a restful sleep without the interruption from pain or anxiety.

For, in the end, whether born of wealth and privilege or of ever struggling to meet a bill, it is truly the simple pleasures of life that provide for the foundational clarity of truth in a world that promotes falsity that becomes revealed when the importance of one’s health comes to the fore.

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

 

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

 

OPM Disability Retirement: Fishes, Streams, Rivers and Ponds

They are, in the end, interconnected; yet the conceptual distinctions allow for separateness, such that we can value each independently.  And much of the waterways which filter throughout the ecosystem remain invisible and underground, via caverns and unconfined aquifers; but that which we see with the naked eye, we assume to be the reality of the entirety of that which we hold to encompass the universe of our existence.

Thus does Berkeley’s doctrine simply contained in the phrase, “Esse est percipi” retain a kernel of truth, but forever vulnerable to ridicule if misunderstood in the context of linguistic philosophy.  What is perceived is, indeed, the universe of one’s contextual concerns; but we all recognize that objects exist outside of the perceptual periphery of our immediate perspective.

Thus do fishes, streams, rivers and ponds exist beyond our vision of direct perception; but even upon encountering them,  we recognize that the depth of each, the variety of living organisms, and the corridors of natural flowing underground worlds reach well beyond that which we see.  The complexity of human beings comprise an entity of a similar nature, such that depth, encounters and unknowable reaches could easily be conversed and replaced as fungible goods and translated words.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to become a problem at work, it is precisely this puzzle of being replaceable which often irks the ego.  Filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often viewed as giving up or giving in; when, in fact, the truth of the matter is that it is a means of attending to the importance of one’s health and well-being.  But others in the agency and the U.S. Postal Service often view the potential Federal Disability Retiree as “that person” with a label and a superficial concoction of societal designation.

It is that limited encounter and confrontation which shows the lack of depth of certain people, while everyone wants others to know that, past the fishes, streams, rivers and ponds which one may see upon meeting the Federal or Postal employee suffering from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, there is extenuating further, a vast depth of subterranean interest and an ocean of personality which others never cared to inquire about, and of which no one may ever know once the door closes and the quietude of life continues beyond.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Law: How Does One Know the Age?

It cannot be by counting wrinkles, or the number of gray hairs; for, some people never develop them, and in any event, new methodologies of plastic surgery, hair dyes and other cosmetic creativities can easily override such superficial eruptions of telltale signs.  Photographs can no longer be evidence of aging, for airbrushing and digital modifications can dispense with such irritating characteristics.

But when there is a personal encounter, how can one judge, and fairly and accurately assess?  Is it the eyes?  That “window to one’s soul” — does it reveal a depth of depravity over time, such that the hollowness revealed in innocence at an early age is replaced by a coldness and cynicism of reflective hurts?  And of the greater age — of this epoch, the generation and historicity of time; how does one know it, too?  Older generations tend to cling to the past, and it is through that prism of past time that the present is viewed, the future foreseen; but does such a perspective differ from those who are young and never experienced the discomfort of lack? And medical conditions and their impact upon one’s ability and capacity to continue a career — how does one know?  The subtlety of warnings can be non-decipherable when asked to describe in words.

For the Federal employee and the U.S. Postal worker who suffers from a medical condition, it is fairly early on that one has a sense of where one’s career will be going.  Doctors can talk about surgical intervention and medical regimens and their supposed efficacy in treating a condition; but in the end, the Federal or Postal employee who experiences the medical condition itself, knows in one’s proverbial “heart of hearts” whether the Federal or Postal employee will be able to continue in one’s career.

Preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, is a process which is daunting, and thereby delay of diligence is often a factor which is merely engaged despite having known for some time.  It is like guessing the age — whether of another person, or of the historicity of being a stranger in a strange land — it is the subtlety of telltale signs which reveals the future course of an already-determined process of inevitability.  And like aging itself, the fight we pretend to engage is merely an act of futility, and we know it; we just don’t want to look in the mirror and face it, lest those lines of time show us who we are, what we did, and where we are going.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Benefits: The Afterthought

It is perhaps best that anticipatory planning, based upon predictive analytics, is an afterthought for human intuition and predilection of priorities in life.  Otherwise, one can remain in a world of obsessive preventative maintenance of efforts, and never accomplish what needs to be done today.

Future forebodings aside, and whether an individual engages in hazardous duties which exponentially increase the statistical curve for the onset of an occupational disease or injury, or the development of a medical condition through repetitive and overuse of a particular appendage or anatomy; regardless, the bifurcation of thought from the daily aches and pains from one’s body, warning of impending and future difficulties, is ignored and banished, to be reflected upon in some future corner of pondering.

Human beings have an almost unlimited capacity for relegating present concerns to the realm of an afterthought, and the benefit of disability retirement will naturally take a backseat for those in the youthful set, precisely because disability is associated with thoughts of avoidance, sort of in the company of old age, infirmity, and early onset of dementia.  As well it should be.  But for Federal employees and U.S. Postal workers who find themselves with a medical condition, such that the medical condition begins to impact one’s ability and capacity to perform all of the essential elements of one’s job, and therefore becomes a threat to one’s livelihood, the afterthought becomes the primary issue, and it is then that one sounds a heavy sigh of relief in knowing that an employment benefit includes a Federal Disability Retirement packet.  But once the acknowledgment comes to the fore, the reality further hits one, that you must prove your case, and it is not merely a matter of entitlement.

Federal Disability Retirement, filed through one’s agency if you are not separated for over 31 days, must ultimately arrive at the doorstep of the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset.  OPM is the agency which makes the decision upon a Federal Disability Retirement application (and that’s the reason why this medical benefit is also known as ”OPM Disability Retirement”).

While there are minimum time in-service requirements (18 months under FERS and 5 years under CSRS), it is the compendium of proving one’s case under the legal standard of preponderance of the evidence, which must be submitted in order to win.  Afterthoughts are human evolutionary means of avoiding unseen dangers; but when the afterthought becomes a present danger, it is time to become aware of the surroundings, context, and content of the formidable opponent one must face.

Sincerely,

Robert R. McGill, Esquire