Lawyer Representation OPM Disability Retirement: The winter doldrums

Whether everyone without exception experiences it, one can never tell.  For some, it comes in a subtle, slow manner, approaching at the beginning of, somewhere in the middle, or near the end when the long days of cold and darkness seem to have pervaded for too long that it has extinguished any memories of summer days and the sound of lapping waves in the heat of August.

For others, it comes like the roaring rush of the Siberian winds, paralyzing one as the shivers and overwhelming sense of doom and gloom – those twin cousins of an anticipated darkness and a subjective response to such environmental causation – becomes unavoidable in their power and sensation.  Of course, those who live in Florida never experience it, or rarely so.

The winter doldrums come upon most, in varying states of power, with impact in spectrums that only the affected individual can concede to.  It is, of course, too early to complain about so nascent in the season.  Instead, we are to be “joyful”, as the holiday season is upon us; and yet…

The analogy and metaphor have been applied in literature great and mediocre; of seasons likened to life’s cycles, and of their parallels to the experiences engaged.  From the “winter of discontent” to the “summer of childhood memories”, the cycle of seasons play upon the imagination, as spring represents the innocent beginnings of youthful dreams and fall betrays the end of childhood.

But of winter?  Where does the metaphor begin, and more importantly, what is anticipated beyond the frozen pillars of shivering nights?  And of winter doldrums – do we all experience them, and to what metaphor will we attribute the sensation of blanketed despondency, never to be shed except in the light of hope for a future yet to be anticipated?

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition has brought about the winter doldrums too early in one’s career, preparing a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may well be the only way to shed the blanket of winter doldrums.  For, if spring is the season of hope and summer the embracing of tomorrow, then fall must by necessity be the phase of the downtrodden, and the winter doldrums the time to begin preparing.

Such analogies, of course, are meant to be just that – images by which to begin a process that remains a stark reality – for, the bureaucracy of the U.S. Office of Personnel Management is likened to a dark dungeon that must be faced, and the perilous journey of filing a Federal Disability Retirement is sometimes the only way out of the despair of the Winter doldrums, by preparing, formulating and filing an effective OPM Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The inconspicuous individual

Some cannot fathom that role; anonymity in modernity is replaced with the trolling Internet personality; for, there, where one can allow for multiple personalities, schizophrenia and megalomania to rule and manifest, the instinct of the aggressive dominates.  What is it about Facebook, Forums and Fortuitous Forays into Freedom’s Foundation that vanquishes modesty in the face of hiding behind the curtain of anonymity?

There is a conceptual distinction to be made between the inconspicuous individual who desires to remain in the background and enjoy the role of observant but inactive participant, and those who act with modesty and decorum by all appearances, but beneath seethe with the acrimony of jealousy, envy and inadequacy who then utilizes the power of impersonation and trolls the Internet to ridicule, criticize, harass and intimidate.

Traditional discussion and debate required four components:  (1) An unspoken concurrence to engage in the exchange of ideas within a context of gentlemanly decorum and behavior of self-restraint (i.e., in more modern parlance, to not take things personally); (2) To listen without interruption when another is speaking; (3) To understand and apply the rules of logic when positing an idea or introducing a conceptual paradigm; and (4) To recognize a superior argument to one’s own, and submit/admit to it gracefully.

There is, moreover, a fifth element that is never addressed, because it is one that used to be accepted by everyone:  Don’t raise your voice, as it is the quality of the idea pursued and not the excessive volume of debate that matters, and recognize that not everyone is of equal intellectual capacity, such that silence is sometime preferable to a mouth opened merely to make sounds.

Do any of those traditional “rules” apply today?  Are there, in modernity, those who win medals for bravery, or championships in the sports arena, without a subsequent ride upon the lecture circuit, the television appearance and the book-deal that demands an advance of remuneration?  Is there, in short, the existence of the inconspicuous individual in this day and age?

Perhaps modesty is an outmoded concept; humility, a dead characteristic of arcane quality destroyed with the diminishing influence of religiosity; and as empowerment has been replaced by the tortured utterances of the shouting voices on the Internet, so the extinction of the inconspicuous individual is a reality in today’s cackle of overriding voices.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition impacts, prevents and interrupts the ability and capacity of the Federal or Postal employee to perform the essential elements of one’s Federal or Postal job, the ability to remain inconspicuous is something that is sought after, but unfortunately, unable to be maintained.  In the context of suffering from a medical condition, the desire to remain inconspicuous (i.e., staying “under the radar”, so to speak proverbially) is that rarity of modernity, but a necessity by compulsion; for, the alternative is to become a target of the Federal agency or the U.S. Postal Service.

Thus, the word of advice from this lawyer is that, in the process of preparing, formulating and filing a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the better time to inform one’s Supervisor, Manager or the Agency in general, is “later” rather than sooner, unless there is a compelling reason to do otherwise; lest, of course, you desire the accelerated extinction to occur for that dying breed identified as the inconspicuous individual.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement Lawyer: Figures Larger than Life

Once, mythological figures and characters looming larger than life itself wandered amidst the common populace of everyday working folks; their very presence bestowed a greater sense of purpose, of a pride in knowing that better days lay ahead, and that even in the upheavals of tempestuous travails and turmoils which interrupted every economy and fiefdom because of the inevitable vicissitudes of economic activity, that somehow we would all survive through the common efforts of community.  But the pureness of the mountain stream became poisoned, diluted and polluted by egomaniacal intrusions of selfish constructs; “we” did not matter much, if at all, and the accolades of accretion demanded greater self-congratulatory spotlights of self-centered egoism.

Thus was the “selfie” born.  In the midst of such a society, empathy for the disabled will be wanting and rare; the saying that he would shove his own grandmother under a moving bus is not merely a warning, but a confirmation of normative character.  For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, it is well to know who, and what, one is dealing with.

Agencies and Post Offices which may have shown care and comaraderie during better times, may not continue the surface-appearance of comity and cooperation when it becomes clear that the Federal or Postal employee can no longer remain as fully productive as in years past.  Human nature being what it is, the self-contradiction of man’s thought processes can always amaze and delude:  One believes that one is neither naive nor ignorant; concomitantly, that the world is generally an evil arena of life; but, somehow, one’s own friends, family, and agency are the exception, when the callous experiences of life have shown us otherwise.

Filing for Federal Disability Retirement benefits by the Federal employee or the U.S. Postal worker, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, through the U.S. Office of Personnel Management, is a clear indication to one’s agency or the U.S. Postal Service that you are no longer “one of us”, and more to the point, can no longer contribute to the betterment of the agency, the Postal Service, or to the advancement of management’s careers and objectives.

You become considered as mere dead weight and fodder for the wasteland of problems and pecuniary penchants of piracy and pernicious paupers.  You become erased and digitally deleted from those seemingly happy images of office parties and ceremonial accolades where words of praise once were dispensed with generous helpings and heaps of adjectives and adverbs not often heard.  You become the nobody that you always were perceived to be behind those lying eyes, had always been, and forever considered; you just didn’t know it before the occurrence of confirmed establishment.

Perhaps we know too much today, because information is cheap and available; and perhaps giants never roamed the earth in epochs extinguished by time and modernity; for the figures larger than life are nowhere to be found, but in what we make of our lives through sheer effort, planning, and genuine concern for the man sitting right next to us.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney: Uncharacteristic Behavior

It is the clash between an expectation and the actualization of an encounter, which determines one’s perspective of self-fulfillment of a belief, or a resulting dismay from failure of verifying the basis of a paradigm.  Characteristic behavior is thus that type of human encounter which meets with, or exceeds, one’s predetermined paradigm of what one has already believed to be so; to act out of that previously considered belief system, by definition makes it fall outside of the realm of such expectation.

For the Federal employee and the U.S. Postal worker, the bureaucratic complexity of the entire administrative process of preparing, formulating and 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 normally not a surprise, and meets with or even exceeds, the expectation of an already-formed paradigm of what constitutes the “characteristic behavior” of the system as a whole.

It is the anomaly of the century when efficiency, helpfulness and pleasantries prevail throughout the process of filing for Federal Disability Retirement benefits, where one hears with surprise and shock that it was “uncharacteristic”.  Sadly, that tells us something.  While somewhat unfortunate, we must always remember that the road of every bureaucratic process is paved with personalities of every type.  We tend to lump the entirety of an administrative process into a single cup and cauldron of judgment, but the reality is that there are multiple categories, just as there are different types of people throughout the universe, distinctly compartmentalized into:  helpful; friendly; efficient; nasty; backstabber; fair; unfair; loyal; unpredictable; just to name a few.

The process of filing a Federal Disability Retirement application through OPM can be a stressful one, if only because it is based upon an obvious stressor to begin with:  a medical condition which impacts one’s ability to perform one’s Federal or Postal job.  But it is not the bureaucratic process itself which adds or detracts from the inherent complexities of the process, but the behavior — characteristic or not — of those who must help along the way or hinder the necessary transition of the Federal or Postal employee, from one of active Federal or Postal employee to that of disability annuitant.

Sincerely,

Robert R. McGill, Esquire

 

Filing for OPM Disability Retirement: The Novel Approach

The genre represents the highest form of literature.  Poetry possesses its eccentric beauty; the short story its ease of brevity for the reader to pick up and finish in convenience of time, and thus its popularity; the biography and the epistemologically privileged cousin, the autobiography, its authentic historicity; and others by design of self-promotion, as Truman Capote’s “non-fiction novel” (an oxymoron?).

But the novel is the king of prose; of a narrative form which allows for many rooms in an endless castle of hidden trap doors and secret galleys full of antiquities and doorways yet to be revealed.  Perhaps that is why, used as an adjective, it defines a uniqueness of approach, akin to the traditional use of the word as a noun representing the highest form of art.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s positional duties with the Federal government or the U.S. Postal Service, engaging in a “novel” idea may be the best and only option left.

Where the medical condition no longer allows for the continuation of one’s career, and yet the Federal or Postal employee believes that he or she can still remain productive in the employment arena, it is indeed a novel approach for a benefit to pay for one’s inability to perform one or more of the essential elements of one’s job, and yet allow concurrently for the Federal or Postal employee to enter into the private sector, obtain a second vocation, and make up to 80% of what one’s former position currently pays.

For the Federal or Postal employee who is 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, it is precisely that allowance of continuation of productivity which fairly recognizes that there is not necessary incompatibility between a medical condition and contribution of talents.

Like the novel genre and the novel idea, they both acknowledge the penultimate value of human creativity, and allow for the characters to develop in the unfolding saga of a story yet untold.

Sincerely,

Robert R. McGill, Esquire

OPM Medical Retirement Lawyer: Drawers and Other Hideaways

Whether cabinets and chests were created for neatness of housekeeping, or to bifurcate the clutter of consciousness, should be left up to anthropologists and social commentators.  Facebook, too, and Social Media, the inability to resist adding to the clatter and superficiality of what we say, what we collect, and how we amass, both information and items we choose to gather; does it all reveal the historical backdrop of the Mesozoic era, from whence we all originate?

We are all, ultimately, left to the devices of our own unmaking and insufficiencies; and that which we neatly hide in drawers of convenience, and close, become tantamount to sealing our fate when once we conceal that which needs to be maintained.

Federal Disability Retirement is a benefit which Federal and Postal workers seek to obtain, when a medical need arises and the medical condition, injury or trauma begins to impact one’s ability and capacity to perform all of the essential elements of one’s positional duties with a Federal Agency or the U.S. Postal Service.  Once obtained, the Letter of Approval received from the U.S. Office of Personnel Management, often declares to the (now former) Federal or Postal employee, that a linear process from start to finish has now been concluded.  Nothing could be further from the truth.

Like cars and children, maintaining the sufficiency and viability of an ongoing Federal Disability Retirement benefit is as important as the effort expended to win an approval.  And, like the car which needs a periodic oil change in order to extend the life of the internal mechanical apparatus by an exponential multiple, so the quality of effort needed to retain and maintain a Federal Disability Retirement benefit is minimal and uncomplicated; but necessary.

For Federal employees and Postal workers, whether under FERS, CSRS or CSRS Offset, the cost of continuing care of one’s Federal Disability Retirement benefit, once achieved, should never be cast out of mind and consciousness; and rather than neatly setting it aside in some drawer or other hideaway, it should remain on full display in the centrality of one’s livelihood, lest the mice, goblins and other unwelcome creatures begin to gnaw at the ripeness of one’s Federal Disability Retirement benefit.

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