Tag Archives: stress leave government disability

Federal Disability Retirement: The Focus of Happiness

Self-focus necessarily leads to self-examination; and however one recites the variations of Socrates’ admonition, it essentially came to this: An unexamined life is not a worthy life.  And so the race to constantly examine ourselves has always been the focus of Western thought — both in the philosophical tradition, as well as in the theological tradition.  For, both Christianity and Judaism, also, require self-focus: of one’s actions, one’s sinful nature, and the need to self-correct in order to attain an entrance into heaven.

Eastern thought, generally speaking, of course (as all such discussions must embrace generalities unless we are to engage in an endless discussion of unattainable depth) engages in the opposite course of action: Whether Confucianism, which directs one to attain a level of filial piety in sacrificing for one’s family, or Zen Buddhism which calls for one to abandon the ego of self, the ultimate focus is to direct one’s self away from the very essence of self.

Thus is happiness not important or even relevant.  The obsession on one’s happiness, then, is often thought of as an unhealthy obsession more prevalent in thought because of the Western tradition of philosophy and theology.  But of both — Eastern and Western thought — health is a matter of concern quite apart from one’s happiness.  For, without health, there can be no happiness, no filial piety, and certainly not an abandonment of the self, precisely because without health, there can be no self to begin with, and thus no abandonment of the self.

For Federal Gov. employees and U.S. Postal Service workers who suffer form a medical condition which necessitates filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management under FERS, it matters not whether the focus of happiness is the basis for the need to file for Federal Employee or Postal Worker Disability Retirement benefits.  In the end, nothing matters unless one maintains a basic level of health.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law, and consider that the focus of happiness begins, both in Eastern and Western thought, with the maintenance of one’s health, where mind and spirit must both retain a constant level of vitality in order to live a meaningful life.

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 Law: Foreign Lands

Reading essays about foreign lands is often challenging where reference points and contexts are often presumed.  One immediately reaches for one’s Smartphone in order to Google the locations in relationship to a country — is it in the south of France, close to Spain?  It is near Paris?

Why that matters is another issue — for, somehow, if we can recognize a known entity, it makes us more comfortable in reading further about a strange area unknown.  Even if we have never been to Paris, we recognize that it is a large metropolitan city and can therefore relate it to our own experiences.  Context is important; reference points to that which is familiar somehow makes for greater understanding, comprehension, and appreciation.

Entering or reading about foreign lands is somewhat akin to preparing an effective application for Federal Disability Retirement benefits under FERS.  The entire concept is strange and foreign to somehow whose life has been dedicated to work and advancement.  To suddenly have to stop working because of a medical condition, and then to file for early medical retirement, is tantamount to traveling to a foreign land.

To be successful in a Federal Disability Retirement application under FERS, it is advisable to contact a “tour guide” — a disability attorney who specializes in Federal Disability Retirement Law, and thereby show you the familiar reference points in order to maneuver through the best sights, avoid the dangerous areas and pitfalls within the law, and to get you to the endpoint of the entire process: An approval from the U.S. Office of Personnel Management.

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: Knowing where your dog poops

It may seem like a minor thing, but such seemingly insignificant knowledge often represents a metaphor for greater and more relevant factors.  What happened the previous day can set the tone of how the next, succeeding day will turn out.  There is, in life, a repetition and rhythm that is fairly predictable; and when that monotony of comforting recurrence is suddenly gone, one’s world and the universe of dependability can suddenly appear shattered and unreliable.

Dogs tend to poop in the same area, and their “habit” is fairly predictable — much like human beings. Knowing where your dog poops in the back yard is important if you accompany them in the early morning hours of the following day.  As the old adage goes, you don’t want to “step in it” — whether in your back yard, in someone else’ yard, or in a public park where some inconsiderate individual didn’t “curb’ their pet.

Life itself is a metaphor for things common, and knowing where your dog poops — or where all of the dogs of the universe have relieved themselves — is a lesson about trying to keep yourself out of trouble, embarrassment, discomfort, or a combination of all three.  For the most part, we learn in life to do just that — to avoid certain areas; to keep away from certain trouble spots; to remain reserved and cautious.  But then, there are other issues that crop up that we have no control over — such as a medical condition or an injury that occurs over which we have had no say-so, no control over, and certain ones which we could not avoid.

For Federal employees and U.S. Postal workers who suffer from 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, the constant striving to know where your dog poops — of trying to hide from the wrath of a supervisor, or of hoping that your agency will not notice how much SL or LWOP you have taken; of the work that hasn’t been done because of your medical condition; of trying to avoid being noticed too much for fear of retribution — in other words, of trying not to “step in it” — can become exhausting and daunting.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management may not be the “perfect” solution, but it is a step towards regaining some semblance of balance in one’s life so that, when you are approved for Federal Disability Retirement, you will once again know where your dog poops, even if it is dark, in the middle of the night, and the dog itself is unsure.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Happiness Lasting

Can the precipice of elation last for long?  What of contentment — a seemingly “lower-level” joy that pervades and remains for the duration of a season?  Does evidence of its durability depend upon a smile frozen upon one’s face, or can it continue to establish its existence with gleaming eyes and a perpetual grin that seems never to go away?  Is glee in youth different from a winter’s discontent followed by a summer of joy, and does a period of happiness fostered by nostalgia the same as two young lovers who proclaim the currency of an unfettered passion for life?

Modernity celebrates the cult of youth, and it is thus assumed that happiness is the sole possession of those who look and declare youthfulness; but in the end, is it just wasted energy that dissipates because the young have no knowledge of how to handle such emotional turbulence?  What does it mean to “be happy”, and should it ever be considered as a worthwhile “goal” as opposed to a byproduct of a life well lived?

When a person feels elation, should the advice be: Temper it, for such a spectrum of heights will never last and you will find its opposite and negative effect at the end of it all — of dread and dismal desolation.  Or, should one just enjoy it while it exists, and deal with its opposite when it comes about?

Aristotle’s approach of finding the middle ground — of a moderation of temperament and approach to life — may allow for happiness lasting precisely because the height and depths of the spectrum of human emotions are never allowed to consume us.

For Federal employees and U.S. Postal workers who suffer from 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, the idea that happiness lasting can no longer be attained is a pervasive feeling because of the medical condition itself and the effects upon one’s life and career.

Filing for Federal Disability Retirement benefits under FERS may not be the “solution” to attain happiness, but it can be a process where intermediate goals can be achieved — of what to do during the pendency of one’s medical condition; of how to change careers; of how to attain a sense of stability for the future while attending to one’s own health and well-being.

It is a means to an end, where happiness lasting can be seen in the short-term goal of securing one’s future by filing for, and obtaining, a FERS Disability Retirement annuity before the next set of challenges in life’s fulfillment of changing circumstances must be faced again.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: The Art of Expression

The title itself plays upon multiple meanings and combinations of words otherwise with connotations and implications intended within a panorama of conceptual constructs utilized in everyday discourse.

‘Art’ itself is an expression of sorts; “Expression’ is both a form of ‘Art’ and an actualization of it; and so to refer to the ‘Art of Expression’ is not merely somewhat of a redundancy, but further, a tricky combination of two entirely separable concepts, independent and yet expressing [sic] a specific duality of meanings.  Expression, whether of the verbal sort or, as in this instance, of the written variety, is indeed a form of art.  It is so by default.  Not being a discipline of precision; not anywhere near a science of any sort; not an academic major or even a subject that can ever be fully mastered; it is, nevertheless, an art form that thrives or places an indelible blemish upon the language of one’s upbringing.

Good writing, concise discourse, proper grammatical usage and persuasive argumentation in delineating a perspective and point of view continues and remains an art form that is lost in the daily plethora of linguistic garbage.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition requires the Federal or Postal employee, whether under FERS, CSRS or CSRS Offset, to ponder preparing an effective Federal Disability Retirement application, consideration must ultimately be given to the art of expression when formulating the answers to SF 3112A, Applicant’s Statement of Disability.

In preparing, formulating and putting the final edits and touches upon one’s Statement of Disability, the Art of Expression must be considered:  Does it adequately describe your medical conditions and the symptoms experienced?  Do the legal arguments persuade?  Does the medical documentation support the statements put forth?  Does the statement paint a picture of coherence within a universe of incoherence engendered by the medical condition itself?  Is the nexus sufficiently created between the medical condition and the positional duties?  Has one applied the principles of Henderson v. OPM, the Bruner Presumption, the Simpkins application, the Bracey Principles and multiple other legal underpinnings?

The Art of Expression is the capacity to pull together the vast compendium of expressive resources available, and the first step in reaching that goal is to consult with an attorney who specializes in preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: The waiting room

We have all experienced the psychology of the cursed “waiting room” — that place which is assigned as the “intermediate” lull, like purgatory for the virtuous-to-be, where they think that by making you believe that you have now been chosen to wait in a separately sequestered area, your patience will become refreshed and you will allow for another lengthy wait.  The psychologists have it all figured out, don’t they?

First, you are left to wait with the “rest of them”; then, your name is called, and you leave those who have been waiting just as long, or some even longer, with a smug smile, thinking to yourself, “Whew, finally!”  But that sense of relief is short-lived, for it becomes clear that the room you have been lead into is merely another surreal suspension of reality’s cruel viciousness — for, this is merely an intermediate form of torture: The Waiting Room, where the real wait begins.

Somehow, the psychologists have figured out through studies conducted that patients, clients, potential customers, etc., will tolerate quite a bit of waiting so long as there is an “interlude” between waiting periods.  So, say you are at first forced into a queue with a group of others — the studies have revealed that 20 – 30 minutes is the maximum before agitation begins to manifest itself, unless you are “selected” and sequestered into a separate queue where your tolerance for a further waiting period can begin anew.

Of course, in reality, nothing has changed — it is simply that your waiting has been transferred from one area to another.  Can this occur multiple times?

Apparently, the studies have shown that, yes, so long as the logistics of the waiting period have been altered — as in, say, after 20 minutes for the 2nd waiting queue, a nurse walks in, looks at you and places a folder into the filing basket attached to the door.  Somehow, that momentary interruption focuses the waiting individual that your time is approaching, that we have not forgotten about you, and you will soon be seen.

The psychology of intermediate contacts increases one’s hope for the end of the waiting period, despite the fact that the same waiting period continues — it is just that the hour’s wait is broken up into segments of three 20 minute slices, and that, according to all of the psychological studies, makes all the difference.

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, one of the frustrating aspects of 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 the long and arduous wait that must be anticipated before a decision is made.

Expect the worst; hope for the best.  There are multiple stages to the process — of the Initial Stage; of the Reconsideration Stage; of an Appeal to the Merit Systems Protection Board; and even of a Petition for Full Review before the MSPB.

Thus, if you took all of the multiple stages, the “wait time” is tantamount to the slicing up of that very “wait time”, and the best way to give yourself the benefit of a higher percentage of success is to make sure that you increase your chances of getting it approved at the Initial Stage by consulting with an attorney who specializes in Federal Disability Retirement Law, lest you remain fuming in the Waiting Room where everyone else taps his or her foot while the collective blood pressures continue to rise.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation OPM Disability Retirement: Thinking it through

What does the concept even mean?  When we guide the child with such a statement, we are asking that the formative years of impulsive reactivity pause for a moment to try a different approach.

“Think it through” – is an admonition to figure out the tangled web of problems by applying a sequential, logical methodology where frustration should not impede, and when patience becomes the friend of success.

“Thinking it through” is a reminder that there is indeed a solution, but sometimes the problem will only be sorted out if some further time is given in reflective pose, or Sherlock Holmes-like investigative intuition based upon the scientific paradigms of rationality.  Yet, one must also be reminded of the fact that “solutions” to problems do not always lead to satisfactory conclusions; sometimes, there are a finite set of alternatives, and no one of them may be an option that one delights in.

But, then, life is often like that, isn’t it?

We are beset and faced with a challenge; we review them, thinking each one through, and in the end, we face a dilemma where the solutions offered or revealed are not necessarily the ones we like; nevertheless, we must choose, like entering into an ice cream parlor at the end of a summer’s day only to find that all of the favorite flavors are gone and we are left with rhubarb spice and cotton-candy mixed with peanut butter drops – somehow, not the best of combinations and understandably left for those who came too late.

Then, of course, there are the questions for everyone who posits the answers as “thinking it through” – does the person have the sufficient knowledge and preparatory tools to actually figure out the problem?  Or, are there necessary pre-performance insights that must be gathered first, before the proverbial “key” can be used to solve the problem?

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 positional duties, the question of “whether” to file for Federal Disability Retirement benefits is best left to the Federal or Postal employee who recognizes the wisdom of the incompatibility between the Federal or Postal job and the medical conditions suffered.

It is only the “how” to file that needs some “preparatory” work and knowledge; for, that part of it involves the law, the regulatory morass and the bureaucratic complexity of submitting the 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.

For the latter, “thinking it through” may not be possible without the insight and knowledge of a Federal Disability Retirement attorney who specializes in that field of law exclusively.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: The work left unfinished

If life were merely a series of projects attended to, completed and accomplished with a declaration of unassailable certitude, like a period at the end of a sentence, the final paragraph of a novel, or silence upon a speaker’s conclusion; of a linear progression forever with movement on a horizontal graph; but it is not.

Instead, the circularity of life’s problems, of concerns regurgitated and revisited because unattended or otherwise reappearing, like the aunt who visits unannounced and the uncle exhaustively referred to as the “black sheep” of the family who appears at one’s doorstep with suitcase in hand; it is the boil behind the leg that keeps resurfacing, where the ill winds of unexpected vicissitudes keeping getting a second chance when redemption is unwanted and uncalled for, but nevertheless reappears for the salvation of one’s soul.

And, in some sense, it is a salvation, isn’t it?  For, if life were a series of work completed, never to be revisited but always working without need for repairs, we would realize the finite nature of the world and care not to attend to the past.  Instead, it is precisely the work left unfinished which compels us to keep plugging along, to rewrite the list by the items we crossed off and the ones we reordered; and it tells something about one, in the manner of how that list is reorganized.

Do the items yet remaining get full status at the top of the yellow pad in the new order of priorities, or does it remain again relegated to those unwanted and undesired categories, like the illegal immigrant somehow existing but forever ignored and unnoticed, without the full rights and privileges of the legitimized constructs arriving by arbitrary choice?  We were taught as children that the work left undone reflected a character flaw, but somehow, as we grew older, we realized that but for those things left asunder, the incompleteness of life would have no value, no meaning, and ultimately no reason to live for.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents him or her from performing all of the essential elements of one’s Federal or Postal job, the work left undone often presents a dilemma of sorts: the completion of one’s career becomes untenable; each day, one falls further and further behind; and of life’s lesson ingrained from childhood, that we should always finish the plate of food we are served, cannot be fulfilled, and so we ruminate and worry, fret and flounder in this farcical mythology of linear fiction.

For such Federal employees and U.S. Postal workers, preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is the best alternative and only real solution available.  For, what we were never told is that the work left unfinished is merely in the eye of the beholder, as beauty depends upon the perspective of the audience and worth upon the buyer who desires; and that the Westerner’s world-view of a linear-based universe is certainly not shared by the Easterner who comprises the greater part of the infinite panoply, as represented by Shiva’s circle of fire.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The caustic nature of disdain in parity

In human history, class structure — whether of bloodlines or lineage; of wealth or claim to title and royalty; or of validated descendants from ancestral superiority — has been the norm.

Then, along came a religious figure (unnamed herein to avoid risk of inflammatory offense and preventing the potential for implosions of alarming hashtags in fits of fear and panic) who posited the notion that the “poor” (that class of mass populace which comprises the greater part of the world) should take “pity” upon the “rich” (those in the minority of the greater class struggle who control and manipulate the invisible levers of the world) because of the difficulties inherent in obtaining the proper credentials to enter through the proverbial pearly gates.

He went further in word-pictures of masterful storytelling, painting images of hellfire, suffering and punishment for those who mistreated the former, and where rewards, awards and commendations bestowed were merely of a temporary and ephemeral nature, whereas the eternal damnation based upon pleasures enjoyed in the temporal world would last well beyond the palliative superficiality of currency beheld.

The problem unstated, however, when the concept of “pity” was introduced, was twofold:  First, the validation of such a feeling and perspective made equals of those in unequal circumstances, and one could even argue, reversed the roles maintained for societal conformity and stability, and enforced a parity of stature; and, second, the emotional and psychological make-up comprised in the very heart of “pity”, is akin to “disdain”, and is a close cousin thereof.  Yes, yes — the one attaches to charity, a desire to assist and retains elements of empathy, sympathy, etc.; but it is more than that.  “Pity” allows for parity of status and stature, just as “disdain” reverses the roles of societal convention.

That religious figure of yore (though we may impute total and complete omniscience upon the fella) injected into society a heretofore unnecessary and problematic component of societal disruption.  It is, indeed, the caustic nature of disdain, which can evolve from pity, that presents itself as the poison which kills and the infectious spreading of ill-will and discomfiture.  The feeling of unease quickly spread throughout nations and continents, and we are in the state we find ourselves in modernity, because of that uninvited infusion of dissatisfaction.

For Federal employees and U.S. Postal workers who daily toil with a medical condition, and face the onslaught of the Federal workforce and the Postal groups, the problem of pity and disdain, and their combined causticity is well-known.  So long as you were healthy and fully productive, your coworkers, Supervisors and Managers treated you within the well-defined “class-structure” of acceptable conduct and behavior.  Once it was “found out” about your medical condition, suddenly their attitude and treatment towards you changed, and altered dramatically, or perhaps (in some instances) in incremental subtleties of quiet reserve but spiteful turns.

Perhaps some “pitied” you, and you them; but such feelings have turned to disdain — not on their half, but from your perspective. Why?  How?  You are the one with the medical condition, who cannot perform all of the essential elements of your Federal or Postal job, so what right have you?

Precisely because of that historical figure of yesteryear; that the true essence of human nature is to be cruel, and thus the best alternative remaining is to prepare an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, in an effort to preserve the last vestiges of a class structure quickly fading in this world where the caustic nature of disdain in parity still survives.

Sincerely,

Robert R. McGill, Esquire