Medical Retirement for Federal Workers: Road Maps

Does the “new way” diminish other manners and approaches?  Does an increase in technological guidance diminish and decrease the self-reliance and initiative required once upon a time?

Take, for example, the trip taken today — any trip: One merely types in the address or the phone number, presses a button and Google Maps guides you to your destination.  In days now gone and forever forgotten, one had to take out those old paper maps (you know, those multi-folded, accordion-like Rand McNally relics) stuffed in the side door compartment of one’s vehicle or dug out from under the piles of old registration cards in one’s glove compartment, and carefully follow the numerical and lettered cross-sections of quadrants in planning the course of a trip otherwise lost in the morass of unfamiliar territory.  Or, like most men — just “wing” it.

Does the loss of a road map — the necessity of its very relevance and existence — mean that there are reverberations in other sectors of one’s life, or in the way one’s brain works?  Do we, because of the ease of Google Maps, become lazier, expect that everything will be self-guided, and is that the future for everything in life, especially once the self-guided vehicle is perfected?  Does the expectation of technology’s ease make us lazier, allowing for procrastination to become extended beyond reason, where we no longer “plan” for things well in advance, assuming that whatever the issue or anticipated endeavor, it will all be taken care of by a click of a button, or at most, a few keyboard taps away?

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, road maps are a necessity of life — both for the Federal or Postal employee in maneuvering through the complex administrative pathway of a Federal Disability Retirement application, as well as in preparing a “legal roadmap” for the U.S. Office of Personnel Management in approving the Federal Disability Retirement application.

In both cases, the road map is similar to that old Rand McNally map that required quadrants to be precisely followed: For the Federal Disability Retirement applicant, the need for precise guidance by the best route possible in order to obtain an approval from OPM; and for OPM, the proper legal citations and arguments that will persuade them to grant the approval.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: A breach of instinct

What if? that fragile balance that exists in nature, seen when squirrels scrounge about in search of roots and nuts, moving within the tranquil space besides cardinals, woodpeckers, rabbits and robins abounding when, suddenly, birds attack the rabbits and squirrels, and in turn, the rabbits and squirrels chase one another and attempt to catch and devour the birds, and the mayhem that follows goes on for an unceasing eternity.

Of course, such a scene is not “nature” in its nakedness, but a scene from a suburban backyard, whereas in the true “state of nature”, in the distant woodlands not easily traversed by the human eye (are there such places, anymore?), such scenes of predatory confrontation held by a tentative and tacit agreement of abeyance may occur daily. Or, in those National Geographic scenes, where there is a quietude of implied ceasefire in birds standing atop the backs of hippos and rhinos pecking away calmly at whatever delectable insects abound, and their sturdy underlings happily go about their business – what if, suddenly, the hippo or rhino turns around and with a swift lunge of its massive neck, grabs that bird and devours it whole?

Was there a breach of an implied or tacit agreement, a breach of instinct, or both? When such “agreements” develop within a slow, steady and evolutionary process, over a period of time imperceptible but for the peace and tranquility it creates, and everyone is perfectly content with the circumstances ensconced by tradition and the state of current affairs, what leads to the breach, what are the consequences and is there blame to be spread about?

What if a rogue animal one day just declares to itself, “The hell with this; I was never a party to this agreement, and so I shall do as I please” – what then? Is it not true that no true “breach” has been committed, as the parties were never official signatories to the agreement, explicit, implicit, tacit or otherwise? Who determines that there ever existed such an agreement, anyway, and where is it written in the “rules of order” that certain sequence of decorum must be followed?

That is, of course, the crux of the matter; for, what is the retort of those who have no ethical or moral compass, but to sneer with the declarative, “Show me where it is written!”

For Federal employees and U.S. Postal workers who are preparing to file for Federal Disability Retirement benefits because of a medical condition that prevents the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal job, the presumption is that tacit or implied standards of conduct is often tested at the outset, both by the Federal agency or Postal Service, and even by OPM.

You rely upon the rules, but the Agency may completely ignore them. If you are a Postal employee, this is to be expected.

Yes, there are laws, but so long as silence governs the assertion of rights denied, a breach of instinct becomes the rule of law and the depiction by Locke and Rousseau of that “State of Nature” devolving into a “State of War” can become a contentious state of affairs unless, in the very process of preparing, formulating and filing for Federal Disability Retirement benefits, the Federal or Postal Disability Retirement applicant asserts the legal precedents controlling and constraining the fragile balance that restrains a breach of instinct.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: Complexity and Confusion

Life has become more complex than humanity has desired; those harsh days of “horse-and-buggy” past – of simplicity which is romanticized, yet of a day’s labor just to provide a subsistence lifestyle; where technology was not yet invented, leaving aside having had any thoughts about it; of leisure and convenience relegated to a Sunday afternoon, where even then, preparation of a meal was not about whether to go to the local supermarket or out to a restaurant, but to take and kill from one’s farmstead or hunt in the woods.

Is there a compromise and middle ground?  Does it all have to be complexity and confusion, or simplicity in its harshest manner?  There is, in modernity – and throughout the ages – a desire to “return to nature”; of an idealized perspective which is represented by dystopian narratives promulgated through epidemic catastrophes or war-torn holocausts of unimaginable proportions.

And, although such stories purport to reveal the dire consequences of how we treat this planet and seemingly portend of undesired results, yet there is a secret, underlying and not-so-discreet relishing of reincarnating Locke’s and Rousseau’s “State of Nature”, more formidably proposed by Darwin and his sycophantic followers, where the “survival of the fittest” best defines the characteristics of human excellence, and that those with book-smarts and wily, cagey talents – i.e., Wall Street Traders, computer geeks who made millions and billions by creating cognitively-applied moneymakers, and Bankers, Lawyers and the like (in other words, those who would never survive in a State of Dystopian Nature) – get their due recompense by being enslaved by the fitter and stronger.

But this is really nothing new; look at the utopian approach reflected in the transcendentalist philosophy represented by Walden, in the collective silliness of grown-ups wanting to be children as snot-nosed fantasies running around in diapers and hugging the earth, as Thoreau, Emerson and Channing, et al, were keen to do.  There is, then, a pervasive desire throughout history, of harkening back to a time never known, rarely reinvented, and forever in existence in its idealized, paradigmatic pinnacle of forms; but what of the alternative?

That option is already here – in the full complexity and confusion of modernity.

If we could just bottle every second, all of the minutes and the collection of hours promised that would be saved by each incremental advancement of technology’s rise, we should all be living the life of leisure.  Instead, it has all come crashing down upon us:  greater stresses; more complexity; a wider expanse of confusion.  They seem to come hand-in-hand, don’t they?

For the Federal employee and U.S. Postal Service worker who suffers from a medical condition, such that the medical condition prevents the Federal or Postal employee from continuing in the chosen career, complexity can lead to confusion, and by the inverse laws of physics, confusion can compound greater complexity.  Federal Disability Retirement is an area of law that is infused with inherent complexities; being confused about the process, including the statutory basis, what meets the preponderance of the evidence standard, and which case-law precedents apply, can further add to the complexity and confusion.

Seek the advice and guidance of an experienced attorney who can alleviate both, and as life itself is complex and confusing enough, adding to it by stepping blindly into the foray of Federal Disability Retirement without legal representation may be not just the height of foolhardiness, but more akin to the fool who not only attempts to have himself as a client, but is moreover a confused fool with an unidentified personality complex.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Civil Service: Envy without hope

Can a footman in former times, or a scullery maid while scrubbing the floors, experience envy when class structures forbade any hope of advancing beyond?  In days before of rigid demarcations of social and class differentiations, where terms in modernity like “upward mobility” or “moving up the ladder” (have you ever wondered at the condescending connotation of such terms, where “up” is the direction of the movement, as if one were ascending to the heavens, even when such barometric activity often corresponded to moral degradation and sacrifice of one’s character?) were unheard of, was there an inner intimation of envy between watchful eyes by servants who observed the plenitude of decadence and obscene abundance of wasteful riches?

We can, of course, comprehend such sensations of jealousy and comparative desires in our times, for there is no inherent cultural device firmly implanted within the normative constraints, anymore.  As stories abound of the proverbial “rags-to-riches” narratives; and whether by intensive efforts of self-will and do-good stories, or of Wall Street wolves clawing and cheating, or even of the occasional lottery winner who accidentally wandered into a corner mart and took a chance with a last dollar, the conceptual animation within the realm of possibilities exists as to changing one’s circumstances, and with that comes the concomitant feeling or awareness of comparative lack.

But can such a sensation exist in a universe, both in the material realm as well as in the cognitive recesses of one’s imagination and creative thought processes, if one has not a concurrent concept of the possibility, or even the minimal probability, of hoping for an expectation of change?  If there is such hope, how then can there be envy, unless nature allows for an emotion of pure futility where hopelessness can incentivize a pathway towards an unfulfilled nothingness?

Nature is purposive; the teleological sense within us requires that instinctive sensations inherently existent follow the rule of Ockham’s razor, and refuse to allow for futility’s baseless conduct of entrance to nothingness.  Now, one might argue, as Rousseau did, that evils created by society’s influence beyond man’s natural innocence while in the state of nature, engendered by malevolent devices surfacing as appendages upon convoluted addendums not otherwise found except in complex civilized settings, go counter to such arguments; and, certainly, just as H.G. Wells and all dystopian writers since, and others such as Jules Verne possessed imaginations beyond the societal constraints imposed upon the creative mind, and so one might still be able to project such negative feelings without hope or expectations.

Again, however, it would be one based upon a deep chasm of futile exchanges.  That is the question and concern that the Federal employee or U.S. Postal worker must contend with, when a 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 position.  Can the Federal employee or U.S. Postal worker project into the future, a life without the chosen career to keep one occupied, and still remain happy?

Envy is the killjoy of distracted minds, and hope is the antecedent nectar that allows for poverty and discontent to continue.  For the Federal employee or U.S. Postal worker, however, it may not be a question of envy without hope; rather, it is often just a pragmatic choice compelled by circumstances of chronic and debilitating medical conditions, and the hope resides in the promise that a Federal Disability Retirement application, filed with the U.S. Office of Personnel Management, will be approved and allow for the Federal or Postal employee to focus upon the priority of a future not without hope – that of regaining one’s health, stamina and capacity to regain one’s equilibrium.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Balance and Order in a Lost World

Once achieved, death destroys; it is the anomaly of life, that the linear progression leads toward its own terminus, and by slow and incremental degeneration, its own vivacity is defined by a sense of self-immolation.  The realization of attainment almost always occurs upon surpassing the apex of an ordering of one’s life, and so the inevitable decline necessarily diminishes any joy derived from self-reflection of having achieved that balance and order for which we strive.

We can pursue a lifetime of studying Aristotle’s Nicomachean Ethics, and the goal to achieve eudaemonia by living a life of virtue in accordance with reason, and thus comply with the essence of who we are, what we define ourselves as, and thereby fulfilling the conceptual construct of our own inventions.  Or, we can “chuck it all” and attribute absurdity to the universe, genetic predisposition as the defining essence of our being, and justify the arbitrary course of our lives by deconstructing the classical ordering of our civilization’s teleology.

Few of us consider ourselves to be the master of our own destiny; and fewer still, of much influence in the steerage of our direction or course.  We tend to believe in the magic of, “If only…” while simultaneously ignoring our freedom from society’s constraints and liberty’s folly.  And when tragedy befalls, we blame the collective conspiracies of the gods who view us as mere playthings, fodder for unenlightened determinism no more complex than a belief in superstitions once thought lost in the antiquity of timeless reservoirs of forgotten bookshelves.

For Federal employees and U.S. Postal workers who must suddenly end his or her career because of a medical condition, because the medical condition no longer allows the Federal or Postal worker to perform all of the essential elements of the Federal or Postal worker’s position description, the loss of balance and order is not just a hypothetical paradigm, but a reality enforced by circumstances beyond one’s control.

Indeed, the “world” within which such balance and order is lost, is not attributable to some greater concept of geopolitical significance, but one which touches directly upon the ephemeral plight of the here and now.  The striving for balance and the need for order; these are fundamental constructs required to maintain sanity and joy; and when the imbalance of life combined with the disorientation tethered by an unexpected medical condition intersects upon the rhythm of daily living, the shaking up of an otherwise tranquil life can appear to be devastating.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is often the necessary step in order to maintain that balance and order forever sought, and now interrupted by the gods of chance; and while the penultimate destiny of life’s striving may now appear to have lost its rationality for direction and purpose, it is always in the striving that one finds a way, and preparing, formulating and filing an effective Federal Disability Retirement application is often a means to a further end, if only to again regain a semblance of that balance and order once gained, and now temporarily lost, in a world already lost but for the insular privacy of one’s own happiness.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Of the Black Widow

The subtlety of its attractiveness is often overlooked because of its mythology of potent venomousness, where it is said that its sting is more than 15 times the deadliness of a mere prairie rattlesnake, which — at least we can attribute an anthropomorphic characteristic of favorability — warns one with its loud systems resulting from its namesake.

It is often invisible, as its black and unassuming appearance allows for quiet traversing along the undersides of human existence; and the signature red or orange marking, often reflecting an hourglass on the ventral abdomen tells the frightening narrative of the limited time remaining once smitten.

Perhaps, while sitting outside enjoying the warmth of a mid afternoon pause, you reach half-asleep beneath the slats of the lawn chair, and it awaits; or the enthusiastically rapacious urban gardener who wants to feel the richness of the soil in the thawed gallows of springtime brightness, working by reaching with ungloved hands through a thicket of branches and deadwood, unintentionally grabs a bevy of clumpish organic material, and instead disturbs the habitat of this beauty of deadliness.

The mythology surrounding the Black Widow spider increases exponentially with greater study; from its sexual cannibalism to its neurotoxic potency, the innate fear towards spiders in general is magnified when encountering this particular one of is own species.  Yet, by metaphor or mere anthropomorphic analogy, we encounter similar and parallel behavior within our own species — of venom so toxic, and of seemingly innocuous engagements that barely warn, but where wariness should prevail over our lack of judgment and insight.

For Federal employees and U.S. Postal workers who suffer from a medical condition, and where the medical condition begins to impact one’s ability and capacity to perform one or more of the essential elements of one’s Federal or Postal positional duties, the confrontation with an agency’s Black Widow can be shocking, daunting and ultimately fatal.

And they can — of the human kind — lurk anywhere and everywhere; from sudden eruptions of coworkers and Supervisors whom you thought were harmless, to Human Resource personnel who spew secrets of stinging, venomous sprays which can destroy the privacy and personal information of countless victims; they, like the spider of infamous beauty, can reveal greater enmity than the prairie rattlesnake.

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, is often the only antidote available; but like the signature mark of the hourglass glowing in revelatory horror only after it is too late, filing for Federal & Postal Disability Retirement should be considered way before reaching into territories where unknown responses and reactions may prove too deadly or too costly.

Sincerely,

Robert R. McGill, Esquire