Tag Archives: using false reasons to remove a disabled federal employee

OPM Disability Retirement under FERS: Before Smartphones

What did we do?  Today, it is as if the obsessive is inescapable; but yes, there actually was a time before Smartphones; we merely are unable to remember, or refuse to recall, those days “before”.

We have all become obsessive.  We have to check to see if an email has come in; we eat at the table with it right next to the plate; it accompanies us in the car; at night, if we do not turn the volume down, it haunts and reminds us; the wiring in our brains has literally gone haywire.

“Grandpa, what was life like before Smartphones?”  Well — books read; a quiet evening before the crackling fire; time for conversations to develop; of recollections and reminiscences — and of memories confronted and challenged without someone taking out that Smartphone, googling the question and ruining the fun of simply trying to remember the name of an actor, the title of a book or the precise date of a historical event.

Before Smartphones, there was a life to be lived, a reality without surrealism, and a sense of belonging in a community where no one had his or her head bent down to be sucked into a device which no one asked for, and no one ever stopped to ask:  Do we really want to live this way?

For Federal Government employees and U.S. Postal Service workers who suffer from a medical condition, consider this:  The Smartphone which controls your life can never replace the need to prioritize that which is foundational and most significant — of your health.  Consider filing for FERS Disability Retirement benefits; for, even before Smartphones, there was life, health and the precious time spent before the debilitating medical conditions began to dominate.

Contact a FERS Retirement Attorney who specializes in Federal Disability Retirement Law, and take the time to consider that there was actually a life before Smartphones, as there can still be a life beyond the Federal Government job you occupy.

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 Application: Worth in Our Day

Worth has become a meaningless concept; inflation, the valueless dollar, the expansion from millionaire to billionaire, and now to the next level — the first “trillionaire” — who will it be?

There was a time not long ago when aspiring to make or save a million dollars was within sight; that, once achieved, it was a level of monetary achievement which would allow for a fairly comfortable living.  These days, purchasing a home in a relatively middle class neighborhood ranges in the $600,000 – $700,000 range and beyond, rendering a million dollars to be viewed as somewhat of a pittance.

And what of human worth?  As money becomes meaningless because the decimal point continues to move to the right, leaving unfathomable zeros multiplying to the left, do we treat workers with any greater dignity, with any greater value in parallel conjunction with the exponential multiplication of those zeros?  Doubtful.

At least, however, the Federal Government does recognize that a person who is disabled from performing his or job elements should be eligible and entitled to disability retirement benefits.  To that extent, worth in our day has improved from the middle ages where the disabled were merely discarded as beggars on the streets of London and Paris, as well as in middle America.

Contact an attorney who specializes in Federal Disability Retirement Law and consider the option of going out early with a Federal Disability Retirement benefit.

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.

 

FERS Disability Retirement from the OPM: The prosaic life

That is the lot of most of us; yet, the contrast seen in the “entertainment” world is its very opposite.  Does it breed discontent (or malcontent)?  Does the “make-believe” universe that we surround ourselves with actually enhance one’s quality of life?

We not only welcome it; we pay for it, and gladly, so.  What does the contrast do to one’s soul — of watching movies involving fearsome technologies that destroy; of bank robbers, murderers, high-stake gamblers and every character imaginable; of dangers that never result in injury or capture; of adventures beyond one’s wildest imagination — and then, there is the actual life that one lives: Of a prosaic life that is often humdrum, unimaginative, mundane, pedestrian and…boring.

Is it “prosaic” to simply go from high school to college, then to a career, a family, old age and death?  Do we regret the repetition of our daily lives, so unbearably “normal”, such that we embrace this spectator-sport of adulation for the wealthy, over exuberant prostration in paying homage to sports heroes, and the unfettered interest shown towards everything and anything “glamorous”?

Until, of course, our health begins to deteriorate.  Then, suddenly, we wish for the “boring” life of normalcy; of the mundane when we took for granted the things we used to do; for the prosaic life that we once had.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows one to do that which was once taken for granted — being able to go to work consistently; performing all of the essential elements of one’s job, etc. — filing for Federal Disability Retirement benefits under FERS may yet return you to the prosaic life that you now yearn for.

Sincerely,

Robert R. McGill, Esquire

 

 

Federal Disability Retirement: Perfecting life versus living perfectly

It is the latter which most of us do, or pretend to do, and which stunts the capacity to engage in the former.  And so that which we should be doing (the former) is prevented because of that which we are already doing (the latter), in a never-ending cycle of self-destruction.

Those Internet internecine attempts which include Facebook and Instagram don’t help in these matters, and perhaps exacerbate them exponentially.  For, in both cases, they encourage each one of us to “appear” to be living perfectly, when the whole endeavor of human existence should be a striving towards perfecting our lives — i.e., of recognizing the imperfect status of our current condition, having a paradigm towards which one strives in order to correct those defects, and thus towards the “end” of this prosaically-described “journey” of sorts, to be able to declare that “perfection” was somewhat achieved.

But — no — instead, we create an appearance, a facade, a dissembling image of one’s appearance and put forth a self-portrait of an already-achieved perfection: The perfect happiness; the perfect outing; the perfect couple and the perfect participle.

The origins of philosophy (i.e., Plato, Aristotle and those who followed) were always concerned with the differentiation between “Appearance” and “Reality”; in modernity, the two have been conflated, where one’s appearance is the reality of one’s existence.  By commingling concepts which were once clearly bifurcated, we prevent the capacity of human beings to strive to be better, to grow and mature towards greater fulfillment of one’s potentiality.

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, it is a familiar concept — of hiding one’s imperfections in an environment that demands perfection daily.  Medical conditions and their impact on a person’s life — these are considered “imperfections” in a society that demands nothing less than perfection.  Thus does the targeted harassment begin — to “punish” the very person who needs support, empathy and understanding, instead of the constant barrage of unneeded animosity.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management may not, in and of itself, be the perfect solution; but, as imperfect a solution as filing a Federal Disability Retirement application may seem, the appearance of an imperfect solution may be preferable than the perfection expected but unattainable in a society that appears to be perfectly fine with imperfections pervasively perfected by appearances of concealed imperfections.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Fear and trepidation

The first may lead to the second; the second, exacerbating the first, may establish a vicious cycle where fear is feeding the trepidation and the trepidation continues to exponentially increase the fear because non-action only expands the tension that grows without containment or restriction.  It is, indeed, a conundrum of paralysis; and the will to change, alter or modify necessitates action, but action cannot come before fear is vanquished and trepidation is overcome.

This is a dysfunctional society.  There is a lack of stability, and perhaps the instability is as a result of the greater freedoms and liberties enjoyed.  But where a culture and society are founded upon unfettered liberty, there must be some internal mechanism that contains the extent of choices offered and the pathways opened.

Once upon a time, ice cream flavors numbered within the fingers of a hand, or perhaps both hands; but once the Pandora’s box of alternatives was unleashed, the paralysis that follows betrays the fragile nature of a human psyche.  Fear and trepidation go hand-in-hand precisely because it is an insular, self-contained cycle of self-immolation feeding each upon the other.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition is beginning to prevent the Federal or Postal worker from performing one or more of the essential elements of his or her job, it is understandable that fear and trepidation continue to paralyze any movement away from a career that has been invested with such high costs.  The choices here, however, are limited. You can stay put; walk away and abandon; or file for Federal Disability Retirement benefits.  It is the last option which is normally the most viable, the most vibrant and the one to pursue because it protects and preserves the future security of one’s livelihood.

Do not let fear and trepidation paralyze and overwhelm; a consultation with an experienced attorney who specializes in Federal Disability Retirement law is often the first best step in moving forward.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: No time for empathy

Perhaps its disappearance and rarer occurrences are not because of defection of angels and loss of virtue from the circumference of human character, but for a much simpler reason:  We have no time for it, nor patience, nor capacity to embrace.  Often, the intersection between the reality of our social constructs and the loss of moral foundations mixes and makes obscure the ability to assign blame and causal connection to one or the other, but it is the cumulative and inseparable combination that results in the dire consequences we witness.

This technologically sophisticated world has no time for empathy.  All of that incessant talk about “connecting” and the importance of remaining constantly online, in-tune and involved in the virtual universe of Facebook, Snapchat, Tweets, text messaging, cellphone and other such modalities of electronic connectivity, the reality is that – from a purely objective perspective – each of the methodologies of communication are comprised of an illuminated screen with written words without warmth, human feeling nor organic nerve endings.

We communicate by means of those androids we created, expecting that exponential quantification of mechanical complexities can somehow qualitatively enhance our humanity, when in fact each such invention insidiously depletes and deteriorates.

Once, we scoffed at Chiefs and other indigenous characters who believed that the mystical capturing of one’s image by cameras and Daguerreotypes robbed and confined one’s soul, and now we make fun of those who believe that human contact is lessened by the tools of mechanized warfare; and so we decimated all tribes and their leaders, and leave behind in history books lost in the dusty shelves of an unread past the images robbed and lessened, and arrogantly giggle at those who complain of modernity and the technology of communication.

Empathy takes time.  We have no time left.

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 position, if waiting upon one’s agency to reveal and manifest some semblance of human empathy has been a patient discourse of frustration, you will not be the only one to experience such disappointment.

The fact is, empathy is a rare commodity, and showing its face of value is a search of futility more and more each day because of its scarcity.

Waiting for the Federal Agency or Postal Facility to accommodate your medical conditions?  Empathy is required, and nonexistent.  Expecting helpful information and cooperation from your Human Resource Office without fear of leaking sensitive information to coworkers and supervisors?  Empathy is necessitated, but clearly lacking.  There is no time for empathy, and it is better to begin the process of preparing an effective Federal Disability Retirement application without relying upon that which cannot be found even in the far corners of humanoid tablets we sit and stare at each day.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal & Postal Employees: Clarity of purpose

It is always a burden when the passageway beyond is a mist of obscurity.  It helps to possess it, even in partial shades of inane generalizations; but lack of it, especially in youth, is neither a crime nor a blot of misdeeds upon one’s reputation so early in a life or career.  We have known them, whether as a “type” or an individual; that rarity of endangered species where the target-point of life is an unwavering straight line directly from birth to death (or at least for the moment when a career goal is sought).

Clarity of purpose is something one “ought” to have, but rarely manifested in the lives of ordinary people.  We talk of a nation’s “manifest destiny”, or of the importance of having some “foundation” in life; of faith, purpose and a desire or motivation to – what?  That is often the problem; not so much that we have no purpose in life, but that clarity of that essence is too often subverted by events unasked for and circumstances untold.

In W. Somerset Maugham’s novel, The Razor’s Edge, where Larry merely wants to “loaf” after his traumatic wartime experiences –  does lack of clarity of purpose as defined by conventional society evince a mere deviation of acceptable behavior, or constitute a complete violation and breach of man’s destined existence harkening from the residues of Puritanism and religiosity in general? (Note the comedic definition of Puritanism from H.L. Mencken:  “The haunting fear that someone, somewhere, may be happy”).

Modernity no longer believes in destiny, fate, or purposeful existence; and thus do we lack great figures, anymore – as Churchill who consistently defied death in war because of an inherent belief that he was destined for greater things, and thus the gods would not dare to undermine that predetermined fate of life.  Instead, the insidiousness of Darwinian belief – a foundation where reductionism to pure materialism and life lived by sensation, pleasure and tactile responsiveness:  these are the purposeful endeavors for us all.  It is, however, still a requirement that, in order to reach a destination of accomplishment, we “clarify” the “purpose” for which we engage to act.

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 position, the need to define, refine and clarify such a purposive action is a crucial component in the successful formulation and filing of a Federal Disability Retirement application.

Wandering and meandering with merely a general sense of what needs to be done, like Larry Darrell’s search for meaning in Maugham’s masterpiece, will likely result in a denial by the U.S. Office of Personnel Management.  There are legal statutes to consult; case-law that should be cited; and a streamlining of medical evidence in order to pinpoint, with circumscribed accuracy, the argument and methodology for approval of an OPM Disability Retirement application.

In sum, there needs to be a tactical and strategic clarity of purposive action throughout, in preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Disability Retirement: Life’s Fathomless Diatribe

We tend to personify and project upon lifeless, inorganic and inert entities, not to mention the extrapolation of generalized and universal conceptual forms, and inject them with personalities, characteristics and living imprints.  Did Plato make this fatal mistake, or was he beyond our intellectual capacity, and perhaps like the mischievous character he provided in his dialogues, was he merely the siamese twin of Socrates and inextricably conjoined in body, mind and philosophical spirit, with that glint of the knowing jokester?

“Life”, as we like to make of the stuff which confounds us, is like the half-crazed homeless person who stands on the street corner and yells at us as we pass by.  Sometimes, we even get hit by a bombardment of spittle, and an unexpected whack on the head, leaving us stunned and helpless, faint with outrage and anxious that Mr. Life may follow us home.  And, indeed, he sometimes does.

Life is like that fathomless diatribe; and we are merely an audience of one, isolated, watchful, spectators who can only observe, sometimes shout back, and in a feeble attempt at altering destiny, weep in a heap of self-pity and trembling repose.  That is how the Federal employee and the U.S. Postal worker feels, in confronting the mammoth of the Federal Bureaucracy and the U.S. Postal Service, especially when the Federal employee and U.S. Postal worker are enmeshed in the weakened state of fighting a 3-front battle:  One’s own Federal agency or the U.S. Postal Service; a medical condition that has begun to impact the ability and capacity to perform all of the essential elements of one’s positional requirements; and the battle against “life” and all of its multitudinous facets of complexities.

Is “life” just another metaphorical voice in the darkness of time?  For the Federal or Postal worker, the time 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, must often be determined by the harkening voice of life’s trials and travails.  As OPM is just another behemoth to confront, in addition to one’s own agency or the U.S. Postal Service, so the preparation to “do battle” must include the tools of engagement:  the facts, the law, and the will to proceed.  And like life’s fathomless diatribe, the will to win must first and foremost be the amour of protection in preparing, formulating and filing for OPM Disability Retirement.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: Asylum

As an active noun, it can mean the protection accorded to a migrant seeking refuge and escape from persecution; in a passive sense, it is an institution with a historical connotation of ill-treatment and mistreatment, imposed against the will of another who may be unable to care for oneself.  In either implied denotations, it reflects a protective refuge, either against the outside forces by within, or in response to inner spirits imagined without.

In rarer moments of perceptive translucence, one sees the need for the imposition of both definitions upon an allegedly sane universe.  Like the story by Hans Christian Andersen, The Emperor’s New Clothes, it isn’t until we stop ourselves and pause for reflection, like the boy who shouted out that, indeed, the Emperor is wearing none, that the need for an asylum is everywhere to be discovered.

Federal employees and U.S. Postal workers observe and witness such an event each day, every hour.  For Federal employees with a medical condition, and Postal workers who suffer through the agony of daily turmoil because “management” will not allow an injured worker to be accommodated, the abuse and misuse of people — the very resource of civilization which should be protected like precious gems to be admired and revered — is palpable and ultimately inexcusable.

Federal Disability Retirement should not be the final refuge of asylum seekers, but it often is.  It isn’t that Federal or Postal workers turn at the first opportunity to seek the protective walls of escape, but Federal and Postal workers often have no other choice.  If allowed to recuperate and regain one’s sense of equilibrium and repose, it may be that the wealth of experience and knowledge gained through years and decades of work could be re-channeled, but Federal agencies and the U.S. Postal Service rarely see it that way, and instead view all individuals as merely short-term investments.

Asylums are built to protect, but when the patients have run amok and control the very institutions designed to provide the refuge needed, it is then time for the Federal or Postal worker seeking assistance in filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, to contact an attorney to escape from the madness of antiseptic walls crawling with imaginary creepy-crawlies — or those who control the levers of power in the Federal agencies and the U.S. Postal Service.

Sincerely,

Robert R. McGill, Esquire