FERS Medical Retirement from the OPM: The person who wasn’t

It sounds somewhat like a Hitchcock film — or, is that too archaic a reference these days?  Is Hitchcock a film director whom nobody knows, anymore — another person who wasn’t?  Or, more precisely, “Isn’t” but was?  Is that the greatest fear of most people — the negation that erases, and why immortality and the existence of an afterlife is so important?

It is like Berkeley’s problem of the disappearing room — it is easy enough to imagine that when we exit one room and enter another, the first or previous one still exists in quite the same manner as when we last observed it (with the exception, perhaps, of a mouse scurrying along the baseboards or someone else entering the room while we are gone, changing the placement of the furniture, sitting down and smoking a cigar and changing the atmosphere in the room, etc.) — and the definition of “existence” as tied to our capacity to observe or perceive an object.

It is the thought of our erasure from existence that is the fodder for fear; yet, the self-contradiction of such a fear is so obvious as to logically obviate such a fear, but it doesn’t.  For the contradiction goes as follows: Our fear is based upon our thought of an event that cannot be, precisely because our erasure from the image formed by the thought cannot remain since we no longer exist; yet, it is the prevailing image of non-existence that haunts even though the image would not exist except during the pendency of our existence in formulating that image.  Existence reminds us of immortality; non-existence, of our vulnerability.

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, remember that the mere telling of one’s intention to file for Federal Disability Retirement benefits may trigger a host of reactionary retributions by the Federal Agency or the Postal Service, and so one should be carefully cautioned, guided and counseled by a lawyer when considering entering the administrative arena of filing for Federal Disability Retirement benefits.

It is as if the information about filing for FERS Disability Retirement benefits is a reminder of one’s mortality — that a medical condition that impacts you reminds those at the Federal Agency or the Postal Service that it could also happen to them — and thus the Federal Agency or the Postal Service moves quickly to erase such reminders by initiating adverse actions, harassing you, intimidating you, etc. — so that such reminders can quickly be erased in order to make you into the person who wasn’t.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from the OPM: The Fight

Perhaps it is the remembrances of the Ali-Frazier era, or of one’s own childhood where we suddenly broke out into a melee of rash encounters; or maybe one is timid and never provokes, avoids all hostilities, diverts from any potential conflicts; whatever the background, there are fights that we remember, whether as a spectator or as a participant.

Was it the last shouting match with one’s spouse, where bitterness spewed and names were called when, once the butterfly of a stinging shadow left the lips that had been sealed with a promise, a shrug for regret overshadowed?  Was the provocation mere tiredness and stress such that upon the pent-up release of attacking the very one you love, you already felt better and thought, “Now, what was that all about?”

The Fight” is the unreleased energy within, always ready to explode upon the provocation of a volcanic eruption needing the outlet waiting for an opening.  It is when we no longer have “the fight” within us that souls wither, personalities begin to diminish, and the flattened effect of a once-lively self begins to devour itself.  There is “the fight” within each of us, but life, circumstances, and especially medical conditions can begin to dampen, diminish, then destroy that spark of the rebel.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to destroy “the fight” within us, it is time to recognize that staying with the Federal Agency or the particular Postal Facility is an unhealthy situation on top of the medical condition already suffered.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether under FERS, CSRS or CSRS Offset, is not an avoidance of a fight, nor an admission of defeat; rather, it is the last and true fight to win.

It is “The Fight” in order to preserve and protect one’s future, and not to simply walk about from all of that invested energy previously placed so prominently into one’s Federal or Postal career.  And remember that it is always prudent to hire a ringside trainer — an attorney who specializes in Federal Disability Retirement Law — in order to get that “knockout” win by getting your Federal Disability Retirement approved.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Retirement: Trapped

Desperation is born of it; escape routes relieve the sense of it; and in the end, it is a belief in the hope that there are alternatives which provides a release from it.  The wild animal that is trapped will do everything to escape, including acts of self-harm if there is no alternative presented.  Whether of higher intelligence or some lesser level, the sense or “feeling” of being trapped leads to a suffocating belief of hopelessness.

Armies allow for it; battles often depend upon it; and the “it” which demands for an unconditional surrender is countermanded if there has been a history of genocidal atrocities committed.  It is the hope for some alternative to the present circumstances of despondency that results in a relief from the sense of being trapped; but options and alternatives often remain obscured by fear, lack of knowledge and the paralyzed state itself of “feeling” trapped.

For humans, it is knowledge which is the greater release from such a state of restrictiveness, and for Federal and Postal employees specifically, who suffer from a medical condition where the medical condition is impacting more than their careers — from growing harassment to an imposition of a “Performance Improvement Plan” to further actions, including a proposed removal, etc. — including the tumultuous upheavals experienced in their personal lives, the sense of feeling trapped is a natural consequence of failing to act.

Animals are known to act in desperation and reactionary ways; humans, it is wrongly thought, engage in a more reflective mode of acting — i.e., in a more deliberative, considered approach.  But the sense of feeling trapped often undermines the rational side of humans, and it is in such a state of desperation that the Federal or Postal employee will submit a poorly-prepared Federal Disability Retirement application, increasing the chances of a First-Stage denial.

Filing a Federal Disability Retirement application with the assistance of an attorney will not necessarily guarantee success at any given stage of the process, but it may raise the chances of such success at each and every stage.  In the end, it is knowledge of the options available which allows for the release of one from “feeling trapped”, and consultation with an experienced attorney when preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is the best way to release the hope for a more secure future in entering into the traps of OPM.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: On the other hand…

Do other species engage in the same games of options and alternative scenarios?  Does the Lioness, just before the charge and race to overtake its noontime meal, say to herself, “Yes, that one looks good; but on the other hand…”?

Or, does the fact that a subjective state of consciousness fails to include verbal statements or conceptual constructs coherent by human standards constitute an absence of such option-choosing methodology of thought processes?

Or, do we accept its silent substitute, where there is an antelope, a wildebeest and a wild boar , and as the lioness surveys the prey before her, the fact that she looks, views, takes into account the ease of capture as to each – in a silent, non-verbal manner – constitute the identical cognitive approach as that of murmuring to one’s self?  “On the other hand…”

Does everything have to be verbal in order to reach a level of “thought”, or can the silent surveying of a predator reach the same level of intellectual coherence as that of a verbalized statement?

What about pain?  If you go to a doctor’s office and the MRI shows multi-level degenerative disc disease and the nurse says to you, “You must be in considerable pain,” and you respond with, “Yes, but I haven’t ever said anything about it” – does that mean that you never had pain, or merely that you did not verbalize it?  Can existence of X remain in a private, insular and singular world, or must it be communicated in order to have a “reality”-based existence?

How is it different from the child who says, “I just saw a purple monster hiding behind the couch”, and the parent smiles and says, “What an imagination!”  The fact that the child saw it and no one else, but failed to verbalize it at first – does it make a difference?  And when the child declared its existence, do we doubt it any more than the admission of the non-stated pain because we don’t believe in purple monsters?  On the other hand…

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, is it better to constantly be a complainer and whiner and keep telling your supervisor and coworkers that you have a medical condition and the medical condition prevents you from doing essential elements X, Y and Z?

Or, like most Federal and Postal workers, do your remain silent for years and even decades, enduring the pain of physical deterioration or the tumult of psychiatric turmoil, and then get “penalized” for it when you file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, merely because “no one knew about it” until it became so bad that you had to file?  On the other hand…

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

 

Federal Employee Disability Retirements: The Cynic’s Tavern

It occupies a dilapidated building on the edge of town.  The sign that once overhung the entrance is faded and barely noticeable; but, then, the patrons who enjoy the end-of-workday glass or the occasional wanderer who mistakes the place for the origins of exotic mixtures need not a neon of invitation, but merely a marker that beckons.  Laughter is allowed; speaking is optional; rude behavior is not tolerated.  Silence is golden.  People go to the place of drink and merriment because it lacks the pretentiousness of the world outside; and the large man with a stubble of a week’s shade serves with nary a word, and respects the look of fatigue and demeanor of defeat foreshadowing the heavy sigh accompanying the hunched shoulders of the breathless customer.

The Cynic’s Tavern is the place where old men gather, young men and women cluster, and those somewhere in between loiter.  The younger ones have not yet been tainted by life’s travails, and hopeful dreams still clutter the naïve souls of untouched innocence; the one’s who have moved through some years of agony, still retain a glint of smiling faith; but it is the elders of the universe who sit at the bar and despair of lives wasted, wars endured and years forgotten but for the joys of friendship and solitude.

Cynicism is like a virus infecting a town’s essence; it destroys by incremental advances of insidious fatefulness, and never returns the gift of life once gained but lost forever.  If it has not yet prevailed, then wait a few years; life itself guarantees it, as fairytales of beauty, essences of love and mythological lands embracing inclusion and empathy, exist only in the minds of children, the duped or the meandering demented of society’s wasteland.

For Federal employees and U.S. Postal workers who continue to fight against joining the Cynic’s Tavern, the issue is often one of withstanding and withholding for so long, until succumbing is merely a matter of time.  If the daily harassment, deteriorating health and constant detours down the alley of worsening conditions has led to a point where preparing an effective Federal Disability Retirement application becomes necessary, then it is time to take the next step and formulate the proper and most efficient strategy in order to increase the chances of an approval before the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

It is one thing to enter through the doors of the Cynic’s Tavern for an occasional drink; it is quite another to find one’s seat there warmed by the constant occupation of one’s unmoved derriere.  The best antidote to prevent or curtail cynicism is to keep moving; otherwise, the stale drink and smoke-filled room will ultimately become a part of one’s vacant stare into a future less hopeful.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: The Mercenary

Why is it that money taints with toxicity of motive?  If a person does something with no compensatory demand, does that fact alone make it less suspect?  Does the professional soldier who gets paid by one’s own country show a level of patriotism unblemished, but the one who hires out for monetary rewards by another, belie a code of honor?  What gives the scent of blemish, the hint of a soul’s impoverishment, and the sullied character of an inner decay?

Are we merely taught to remain in silent awe at the poor woman in the story of the miserly penny, and frown if a child begins laughing and saying, “What a fool to give up the last penny!”  Are saints born, or are they taught and disciplined, when the innate signs of cynicism may yet win out over the empathy of a fool’s errand?  What good is “goodness” in an evil world?  Do we remember Bonhoeffer, or was his courage forgotten amidst the thousands of graves both marked and without remembrance, in a world where community no longer exists and friends are counted by Facebook likes and never by the warmth of human comity?

Somehow, money taints, and the toxicity of the transfer sticks like mud to the boots of a killer, leaving tracks and traces in the bogs of lives tarnished.  Yet, it is the exchange by which dreams are made, the goal for which daily toil is endured, and the chances taken in bribes received in order to attain a measure of financial security and the declarative success of an age where hypocrisy dares to utter its laughable voice of despair.

Is it because we believe that mercenaries fail to believe in that which is being fought for, and instead confuse the means for an end we misguidedly believe should be the end in and of itself?  Does engaging an individual for purposes of honor, country, faith and other tropes of a nation’s visage of vacuous promises make it any more substantive if the abandonment of a country of its own vital principles reaches a point where such terms no longer apply?

There are those who romanticize the independence of the mercenary, despite the Geneva Convention restrictions which grant lesser protections in the event of capture; and, yet, history is replete with their use and presence, from Ancient Egypt during the rein of Pharaoh Ramesses II  to the French Foreign Legion and the British Gurkha regiments, and beyond to modern warfare.  But romanticization and reality often conflict and collide, and the remaining entrails of toxicity remain with the scent of avoidance.

In more quiet arenas of modern life, the term itself is often applicable not to fields of the battleground, but to individuals who “go after” others for rewards and reasons of similar taint and toxicity.  In the employment arena, there are mercenaries aplenty, and they are predators that devour with equal ferocity.

For the Federal employee or U.S. Postal worker under FERS, CSRS or CSRS Offset who suffers 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, and therefore must prepare an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, the duality of dangers must be faced.

First, the allegation that the Federal or Postal employee is merely being a “mercenary” by “taking advantage” of a generous system of medical retirements, and Second, to beware of the mercenaries of the Federal Agency or the U.S. Postal Service who aggressively go after the Federal or Postal employee weakened and unable to defend him or herself during the process of preparing, formulating and filing a Federal Disability Retirement application, precisely because of the medical condition itself.

In both instances, it is the mercenary instinct itself which dominates, and no amount of honor or faith in country can withstand the onslaught of the vicious outliers of such gossiping geese.

Sincerely,

Robert R. McGill, Esquire