Federal Disability Attorney Help: The Bifurcated Worker

It is a commonplace event — of bifurcated lives.  Was it always that way?  When there were actually towns and communities where people really knew one another; of that paradise-like vision, where transiency was unknown and stability based the norm?

We have our “work life”, bifurcated from our “personal life”.  We can sit in sub-divided offices, partitioned and designed by a “civil space engineer” who has allocated a specific area of work space which is “yours” as opposed to the “other” person.  We can now telework and not even have to be partitioned in bodily space and time.

However the arrangements are made, work can go on for years and years without ever knowing the personal life of the person with whom we work.  Tom comes in each day and we only know of his “professional” side.  Susan enters the office and we know nothing about the previous 16 or so hours of her disappearance.  For, we have accepted the state of the bifurcated worker, and some would say that such a state of knowledge is a “good” thing — for, in the end, we want to preserve the sanctity of privacy itself.

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 issue of who has access and who is allowed to have access, to sensitive medical information, is always of concern.

In order to file for Federal Employee Disability Retirement benefits through the U.S. Office of Personnel Management, however, some amount of access must be given; for, to file for OPM Disability Retirement is to cross over and violate the wall of the bifurcated worker.

In order to maneuver successful through the complex maze of such issues involving sensitive medical information, contact a FERS Attorney who specializes in Federal Disability Retirement Law, and begin to prepare, formulate and file an effective Federal Employee Disability Retirement application under FERS, with the U.S. Office of Personnel Management, where the bifurcated worker must further bifurcate the personal from the professional.

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 Medical Retirement: Tomorrow and the day after

Tomorrow is for delay; to procrastinate, the day after.  Isn’t that the adage that recognizes what is truly going on — of saying, “Oh, I will get to that tomorrow”, but when asked about a project you dread (perhaps the unfinished novel that has sat in the bottom desk drawer for the past year; the basement that needs cleaning; the shed where all unused items and discarded castaways need “straightening up”, etc.), it is always to be accomplished “the day after tomorrow”.

Why is it that tomorrow may yet come and become realized, but the day after that somehow never arrives?  Is a single day delayed beyond the thought of tomorrow somehow too far from the reality of today such that it never arrives beside the closeness of tomorrow?

Saturday brings the smile of Sunday yet to be enjoyed, and leaves Monday too far to worry about, just as Sunday brings the anxiety of Monday because Monday is merely tomorrow and not the day after that.

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 delay in postponing the preparation of a 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, is often understandable because it is, indeed, a “major step” into the unknown beyond, where careers must change, life enters a period of upheaval and the future holds a modicum of uncertainty.

But while delay until tomorrow may be reasonable, don’t let the “Day after Tomorrow” catch you into a trap where tomorrow never comes except in a rush where tomorrow’s exigency suddenly becomes an emergency too far delayed.

Filing for Federal Disability Retirement benefits is something no one thought about for tomorrow; but tomorrow quickly becomes today, and for the Federal or Postal employee suffering from a medical condition, the today that was once tomorrow’s comfort of delay will not change the reality of what must be done the day after.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: The mind’s bookshelf

Entertainment is a peculiar thing in human psychology: happiness accompanies its anticipation, but during the process of “being entertained”, do we recognize our own joy, or are we lost in the suspension of our own inner world while being completely oblivious to the suffering around us?

We toil day in and day out with a singular goal, held by many, to enjoy a period of respite and entertainment — of becoming lost in a movie; of going to a play; of putting headphones on and listening to a favorite song, piece or series of favorites; of pulling from the mind’s bookshelf an episode of imaginative adventures or a wonderland of a dream’s figment.

Entertainment, joy, happiness and contentment are the ingredients of life’s admixture of troubles, trials and turpentine creations in a universe of chocolate-ice-cream-not-quite-right, ups and downs and joining and break-ups; it is a mixed up world where everyone is trying to extract an ounce of pleasure when the last cupful has already been taken.  Then, there is the capacity of the human mind that has just had enough — where too much bombardment of stimuli leads one to withdraw, become reclusive, and seek the solitude of one’s own soliloquy of minds.  It is a rather peculiar concept, is it not?

To withdraw within the mind’s bookshelf — that corner of studied solitude where others cannot share, and only the loneliness of one’s self-induced privacy allows for an entrance and exit to the backrooms of an unlit alcove that is marked “private”, and where no admittance is allowed except by exclusive invitation only.  It is when even the mind’s bookshelf is toppled by the troubled waters of the world that too much stress, too much stimuli and way, way too much intrusiveness begins to overflow.

That is what a medical condition tends to do — for, when it becomes chronic and begins to gnaw at even the privacy of the mind’s bookshelf, then the unbearable nature of one’s condition requires a change.  For Federal and Postal employees who suffer from a medical condition such that the medical condition begins to invade even the privacy of the mind’s bookshelf, it is time to consider 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.

When even the last refuge from life’s turmoil has been invaded and violated — of an inability to attain any restorative sleep; when profound fatigue overwhelms; when chronic pain becomes unrelenting; when one’s focus, concentration and ability to retain even a semblance of cognitive acuity is progressively being lost; then, the inconsistency between one’s essential elements of a position and the medical condition becomes quite clear, and it becomes necessary to file for Federal Disability Retirement benefits.

Joy of life comes from having the key to the mind’s bookshelf, and when that is no longer possible, it is time to file for OPM Disability Retirement.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The performance fallacy

The disproportionality that occurs between reality and make-believe is nowhere more apparent than in the Federal sector involving performance reviews prepared for Federal employees across all agencies and departments: of being “fully successful” and having those “outstanding” appraisals year after year, and yet….  You don’t feel that such appraisals, despite the blush that it may evoke, reflects the reality of what you have been doing.

The body that warms a position, despite its declining productivity, is the one the Supervisor or Manager does not want to lose; for, to retain a known quantity is better than to lose one and gain an unknown one.

Then, of course, there is the reality of the Federal employee who experiences a deteriorating medical condition, and has come to a critical juncture and decision-making point of what is often referred to as a “Gestalt” moment, or that “Aha!” experience, where one comes upon the realization that one is not immortal; and despite being brought up on Star Wars, the “Force” and other fantasies that human frailty can be overcome by sheer will of the mind — that, disregarding all of that childhood nonsense, we are growing old and beset with medical conditions that remind us that we are no longer the spry chickens just hatched from the warmth of a hayloft beyond the red barn’s rooster call.

Then, there is the “performance fallacy” — somehow, no matter how terribly we feel; no matter the amount of recent sick leave taken, or LWOP requested, the appraisals continue to exceed our level of productivity.

Considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management under FERS?  You have the medical condition and, more importantly, the medical support to move forward.

Then, you pause because of the “performance fallacy” — the question being:  How can OPM approve a Federal Disability Retirement application if the performance appraisals continue to reflect the “outstanding” columns of productivity?  The short answer:  That is why the foundation of a case must be built upon a strongly-worded medical narrative, which implicitly rebuts and preemptively answers all such concerns, and that is where consulting with an attorney who specializes in Federal Disability Retirement Law can be crucial to the successful outcome of a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employee Medical Retirement: The source of despair

There are searches for origins and those for solutions, regardless of the source.  One hears about the “source of the Nile” or of the Mississippi river; or of the origin of the species, how Man came about to become who he or she is, why and what of the destination.  To ask, “From where?” is quite different from the query, “How?”  The former inquires as to the source of X, while the latter is more concerned with the rationality behind the origin.

There is thus a difference between the physical or spiritual source of the matter as opposed to what Aristotle deems as the fundamental principle that explains the ultimate and elemental foundations. For example, for Federal and 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 question one might ask may concern the source of one’s despair.  Is it the medical condition itself?  Likely.

But is there a more fundamental principle – like the work that one engages in, the harassment and pressures one is exposed to, etc., that better addresses the concomitant query concerning the “how” question?  The origin of one’s despair may be due to the medical condition one suffers; but if one could focus and prioritize upon one’s health, would that not “solve” a great portion of the despair itself?

In order to do that, it is often necessary to prepare, formulate and file an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, precisely because the source of despair cannot be searched for within a vacuum of a medical condition exclusive of all other contributing origins.

There is, in addition to the medical condition, the realization that one cannot continue with one’s chosen career with the Federal Agency or the U.S. Postal Service because you are no longer able to perform one or more of the essential elements of the Federal position or Postal work; and, further, a contributing factor may be the stress and pressure placed upon the Federal or Postal employee by the workplace itself, the hostility shown and the adversarial attitude of the Federal agency or Postal service.

Federal Disability Retirement may not be the full and complete solution to one’s source of despair, but it may be a necessary step in resolving the question as to “How” the burdensome source may be alleviated.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Social Contract Theory

In modernity, what is the “Social Contract”, and does it still hold any meaning?  Or, is the bundle of bureaucracy, the conflict between the competitive predatoriness of capitalism left to its own devices resulting in a cronyism of wealthy interconnections, as opposed to the growing girth of Federalism with a pittance and breadcrumbs left to State governments to fill in some minor gaps — does the aggregate of such entities, comprised of regulations, statutes, laws and a compendium of languages isolated in fine print, all together reflect the vestiges of the Social Contract we once revered as the awe-inspiring product of the Age of Enlightenment?

Would Rousseau, and to a lesser extent Hobbes, and further explained in Locke’s Treatise, represent anything of value, anymore?  Or are we left to our own devices, as Darwin proposed those many decades ago on the lapping shores of the Galapagos, where survivability is determined by genetic origin, environmental refinement, and ultimately the devices used in subterfuge when societal niceties require at least a surface semblance of genteel behavior?  In the end, the concept of a “Social Contract” means little if the basic legal constructs are not adhered to.

For Federal employees and U.S. Postal Workers, such legal constructs are represented by the cumulative promises made by the bureaucracy which employs them, comprised of statutes, regulations, executive orders and corollary mandates.  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 positional duties, the idea of honoring the Social Contract becomes important, because part of that agreement is to fairly treat the Federal or Postal employee when the Federal or Postal employee is no longer able, because of a medical condition, to continue working in the same job.

Preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee is under FERS, CSRS or CSRS Offset, is each day a test as to the continuing resolution of the viability of the Social Contract.  While not every Federal or Postal employee may be automatically eligible for the benefits to be received through Federal Disability Retirement, it is the fairness of the process which is important, and whether a proper course of administrative protocols are followed and met throughout the entirety of the bureaucratic process.

In the end, those vestiges of that grand idea originating in the minds of philosophers — the highfalutin concept of a Social Contract — are only as good as the promises made and declarations kept in the things that impact the everyday lives of ordinary people, like those dedicated public servants who toil daily in the Federal Sector and the U.S. Postal Service.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement from Federal Employment: The Methodological Approach

Many call in a frenzy of confusion, admitting openly of being lost and not knowing where to begin.  That is always the starting point, as even Socrates conceded — of the hope of knowledge beginning upon a recognition of not knowing (though, if one looked carefully and scrutinized the face and eyes of the old sage, one probably gleaned a twinkle of sly naughtiness).

Philosophy began in ignorance, and from there, attempted to ascertain a methodology of approaching problems in a systematic way, in order to overcome the shortcomings of man’s frenetic inclinations.  Identifying and ascertaining a knowledge of a criteria, a system of approaching problems, and an applied methodology of solving, is the preferable way than that of plugging holes where leaks appear.

Thus, for Federal employees and U.S. Postal workers who need to file 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 often necessary to formulate a sequential strategy at the outset, before embarking upon the dark abyss of preparing, formulating and filing for OPM Federal Disability Retirement benefits.

Should certain information be gathered prior to completing the standard forms?  Yes.  What forms are “central” to a Federal Disability Retirement application?  Certainly, all of them, but if timeliness is an issue and the 1-year Statute of Limitations is suddenly upon the Federal or Postal employee attempting to file, then the SF 3107, Application for Immediate Retirement, including Schedules A, B & C, as well as SF 3112A, Applicant’s Statement of Disability, must all concurrently be prepared for immediate submission.

Identification of the essential as opposed to the bifurcated peripheral must be realized; compilation of the proper information, and the laws governing supplementing a Federal Disability Retirement application is essential for a successful outcome.

In the end, as it turns out, Socrates knew much more than he revealed; but the sly sage was wise enough not to engage in the solipsism of later years, like Descartes and the French Existentialists, and by recognizing that lack of knowledge and the admission of such vacuity is the first step towards wisdom, he was able to initiate the prefatory questions in the quest for knowledge in a world devoid of both.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Problematic Loss of Confidence

Confidence is an ethereal character trait; in some ways, it is self-perpetuating, as success relies upon it, and feeds it, which in turn reinforces any lack thereof.  At once fleeting but full, the loss of it can be devastating.

For some, a mere look of doubt or suspicion from others can undermine the fullness of possession one may have had of it just a moment before; for others, whether lack of competence or never having had any reason for possession of it appears to matter not, and like self-esteem in the generation of modernity and “me”, a complete void of accomplishments seems not to overturn those who accumulate an abundance of it.  But weakness or negation from outside sources can be the final straw in undermining that sensitive sense of self, and a medical condition which attacks the body, mind and psyche of an individual can be devastating.

Thus, when the Federal or Postal employee who has confidently strode throughout a long and satisfying career, whose performance has raised eyebrows of accolades beyond mere efforts of competence, and where performance reviews have always included adjectives and superlatives searched out beyond mere templates previously applied with thoughtless automation, the introduction of a medical condition into the life of such a Federal or Postal employee can be like the Martian Chronicles revealing the strangeness of alien cultures clashing in a battle of titans heard beyond the roar of civilizations long lost and forgotten.

Federal employees and U.S. Postal workers who struggle with this, resist the necessity of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, precisely because the disbelief is overwhelming that, somehow, this loss of what was once taken for granted, could possibly be.  But as “possibility” includes the building of concrete structures in thin air, whereas “probability” involves the hard computation of one’s life and “reality-living” in a harsh and uncaring universe, so the Federal or Postal employee must take into account that past foundations of accomplishments may not uphold the confidence once shared and held by a Federal agency or the U.S. Postal Service.

Confidence, indeed, is like the golden dust sprinkled sparingly by the fluttering angels of yesteryear; and today is a dawn of dying expectations, where the harsh realities of a medical condition must be faced with a freshness of purpose, reserved for that fight which may require one’s presence on a day in future pasts, unforseen and as of yet unfought.

Sincerely,

Robert R. McGill, Esquire