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

 

FERS & CSRS Disability Retirement: The light in someone else’s home

Walking the dog out past dusk, or perhaps standing in the backyard after the sun sets; or, in an apartment complex looking out beyond; a light turns on in someone else’s home; we wonder, who is it, what are they like, and how different are they?  Do others, upon seeing the light switched on in your home, wonder at the owner — the possessor of the finger that flicked the contraption that illuminated the room and altered it from darkness into a visually acute arena of human activity?

Why do we spend so much time pondering about alien lives in other worlds, in faraway universes beyond our very own, when scant little attention is paid to knowing about our next door neighbor?

Some would give a quick scoff at such a thought and quip, “If only you knew my next door neighbor — you wouldn’t want to know!”  And yet, it is always the one that is “just beyond” that attracts our attention — not the person sitting next to you on a train, or the woman with three screaming children on public transportation; rather, it is the unseen stranger who flicked on the light switch afar, whom we cannot see but by shadows that pass behind the blinds that veil; that is the person who sparks an imagination that there are other lives, other ways to live, and who remind us that the light in someone else’s home means that there are other ways of seeing things, living life and having different opinions, goals, dreams and conversations.

The objectivization of other human beings is the basis by which murders are committed, wars are justified and slogans are written; it is only when the warmth of a light that suddenly illuminates the darkness that prevailed begins to permeate one’s consciousness of what it all means, is when human empathy and compassion begins to form.

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, the light in someone else’s home is the one left unlit, and that is often why the harassment begins, the coworkers remain uncaring and the agency seems oblivious to your deteriorating health.

It often seems as if the world cares not; that, despite your years of loyalty shown, late-nights expended to complete an important agency project, or staying beyond the hours to finish the sorting, distribution and delivery — now it is supposed to be someone else’s turn to switch on the light and carry forth the mission.

Preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may be the only option left.  Whatever the conditions, it is no longer the light in someone else’s home that should be of concern, but the darkness left in your own that needs to change, by preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to OPM.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Sedimentary Structures

In interpreting geological formations by natural deposits involving complex strata of ahistorical significance, we are better able to conceptualize the environment, the impact of changes by weather, temperature vicissitudes, and organic alterations whether man-made or neutral in their deliberations. River flows and their swirls of changing directions; droughts, sudden floods, or the soft and natural flow of a forming inlet; these all impact and influence the sedimentary structures which form over time, unnoticed to an ahistorical perspective.

Why do we care of such things?  In the silence of nature and the flow of time, where a fallen tree downed by the directional change of forceful erosion, what difference does the depositing of dirt have upon the salience of human civilization?  As with most things of significance and import, it is the analogy discovered, the metaphor spoken, and the connections we encounter within the linguistic tissues of form-to-thought, reality-to-subjective insularity, and the utter abandonment of the correspondence theory of truth, which make for interest and relevance.

The way we think; our outlook on life; whether we retain a hopeful sense for tomorrow or a bitter despondency lost in yesteryear’s calamity of chosen obsessions; these, in their aggregate, formulate the apothecary of our lives. Building a dam; obstructing the natural flow; altering whether it is multi-directional or unidirectional; these all influence the coalescing of sedimentary structures. By recognizing how stratification of certain minerals dominate over others, we can acquire an abundance of wisdom in protecting our own health and wellbeing.

For Federal employees and U.S. Postal workers who have come to a point in his or her Federal or Postal career, where a 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, it is well to behoove the natural formulation of sedimentary structures — and their relevance upon our perspective and insights.

Sedimentary structures form in certain ways, because we fail to be the vigilant gatekeepers of and for ourselves; and preparing, formulating and filing an effective Federal or Postal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal employee is under FERS, CSRS or CSRS Offset, is often the first step in making sure that of the deposits we make in life, living and of unwanted soil within our field of fertility, we must first observe the natural flow around us before determine the best course of action in order to preserve the richness for future stratification of sedimentary accumulation.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The lethargic state of tacit acceptance

Life has a way of beating down.  Whether it is from the constant drudgery of daily responsibilities, or perhaps the overwhelming bombardment of the harsh technological stimuli foreign yet to the still evolutionary sensibilities of nature’s slow progression for adaptability; the human body, mind and soul, while possessing a capacity for resistance greater than many other species, nevertheless is contained by limits of restrictive mechanisms tested daily beyond the tolerance of allowable endurance.

It is often said that time and age will take care of any youthful idealism; for, as cynicism is the property of the older generation, folly is the playground of the younger.  Falls resulting in laughter, as opposed to empathy; tears paused by applause, as want of sympathy; but as we grow up on morsels of victorious tales from mythology and storytellings from the warmth of loved ones, that security which we were once wrapped in quickly becomes a tattered shawl unable to conceal the victimhood which haunts our inner soul.

Acceptance of one’s plight has been, throughout man’s history, the basis for longevity and survival; and the quietude of a tortured soul, nowadays, may result in a bloodletting untold in former times for their atrocity and ferocity for purposeless mayhem.

It is that lethargic state of tacit acceptance which we always have to battle against; for, we know not when that moment of quantified bevy reaches the point of no return and the boiling level of overflow; and, for each of us, the threshold of that which constitutes “enough is enough” is variable, as the genetic predisposition for an explosive overflow depends upon birth, character, and the historicity of experiential phenomena which all of us carry within as the baggage which is unseen but which exudes like gangrene and spoiled milk wreaks of a rotting soul.

For Federal employees and U.S. Postal workers who have reached that point of despondency, where a medical condition has prevented the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal positional duties at the Federal agency or the U.S. Postal Service, the time may have come, already passed, or may be nearing, when the liveliness of the inner psyche once running barefoot through the pasture of timeless childhood memories has transformed into the mummy-like vestige of what once was, and now in danger of a metamorphosis into the lethargic state of tacit acceptance.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management may not always seem like a “positive step”, and may have the appearance of stoppage, cessation or even a terminal conclusion pausing forward progress; but in the end, it is the health of the body, mind and soul which should dictate the priority of one’s actions, and not a career which will go on in the bureaucracy of the Federal agency or the U.S. Postal worker, whether that rotting essence lives on for a more hopeful tomorrow, or remains quietly rotting in a lethargic state of tacit acceptance.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement: When the superior argument no longer prevails

The potentiality of applying “jury nullification” opened the door to defiance, in a society constructed upon recognition, application and enforcement of “the law”; but of course, one may argue that such wholesale rejection of a conceptual construct deemed immoral or otherwise unfairly prejudicial, is itself a moral judgment which is allowable.

Would anyone argue that a jury which refused to convict during a trial in a repressive and totalitarian regime — say, in North Korea today, or during the Stalinist era — constituted “jury nullification”?  Or, would one simply declare that “the people” rightly and collectively decided to “stand up” against injustice, and applied a higher standard of the law — one which transcends the state’s attempt to impose an otherwise self-declared code of injustice by means of fiat and force?  It all depends upon the perspective; for, when the state empowers a group of individuals to possess, grant and apply the power of judgment rendered in the form of a verdict, then that collectivism of declared consensus constitutes the rightness or folly of a moral code itself.

In the end, the term itself is likely inappropriate; for the concept of “jury nullification” necessarily implies something underhanded or nefarious, as if the “jury” acting to “nullify” the law is somehow suspect, when in fact it is a declaration of rights asserted by means of granted power to do so.  The jury, by definition, is a law unto itself, as recognized by the state, and is therefore wholly independent and cannot be castigated for undertaking the very duty for which it was appointed to perform.

Now, as to whether or not it was receptive to, and embraced a lesser argument, as opposed to a superior one, is a fundamentally different question.  Were emotions swayed?  Did the eloquence of the opposing side overwhelm?  Did rationality and force of evidence persuade, or did the defendant’s mother back in the corner where spectators sat, weep silently and blow her nose into a soiled kerchief just enough to draw the attention of wandering eyes left pondering the fate of a devastated family? And does rationality always have to rule?  By what criteria do we demand that rationality always rule the emotive and appetitive?  Is it based upon the ancient code derived from Plato and Aristotle, of the various parts of the soul where the mind should govern the cosmos of the barbaric nature of our base selves?

But if circumstances and situations rule the day — such that in a “State of Nature” it is more advantageous for an individual to survive by pursuing instinct and animalistic aggressiveness, but in the more refined “Social Contract” basis the forms of civility and restrained interaction becomes the normative and accepted foundation, is not judgment of a fellow man a netherworld of intersecting universes, where the contradictory combining of war (a form thereof, as in a trial) and civility (of a jury deliberating in the quietude of a sequestered room) clash in culminating in a momentous fate of judgment?

The conclusion from modernity has already been rendered, of course; for, in the end, young people today care not for the force of rational argumentation, but rather, whether it “feels good”.  What reverberating consequences does such a force of change have upon society as a whole, and more specifically, for the Federal or Postal worker of today who must consider arguing to the U.S. Office of Personnel Management that the Federal Disability Retirement application should be approved?

Superior arguments, of course, should always be employed; and the Federal or Postal worker should never underestimate the power of legal persuasion, or the citing of relevant laws, statutes and applicable regulations.  But there is a distinction to be made, between demanding and dereliction of decision-making.  The former is to use a hammer; the latter is to posit a systematic methodology of courteously opening the door for recognizing the sunlight of “being right”.

For the Federal or Postal worker who wants to submit an effective Federal Disability Retirement application to the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, remember that the concept of “jury nullification” applies only when the right to decide is somehow deemed improper or unsanctioned; but when it comes to a bureaucracy which possesses the sole power to decide, it is an inapplicable construct, and must be approached in a manner more akin to the grieving mother whose murderous son suddenly appears with a suit and tie for the first time in his hideous life, and speaks eloquently of his undying love for family and the victim upon whom he perpetrated his crime, and when the wink-and-nod between son and weeping mother remains unnoticed but for the love forged in treachery, justice yet smiles even in verdicts which betray the greater society.

Sincerely,

Robert R. McGill, Esquire