Office of Personnel Management (OPM) Disability Retirement: Bifurcations

People always like to bifurcate everything into neat categories: Friend or not; useful or not; Good or bad; You or me.  The binary approach, the disjunctive methodology; perhaps it is all an innate necessity for survival?

The ultimate categories of bifurcations is to live or die; to survive for another day or to cease existence; or, in a more poetic manner, Shakespeare’s, “To Be, or Not to Be” — yes, that is the question of ultimate significance; of Heidegger’s “Being or Nothingness”.  Approval or Denial.  Healthy or disabled.  Efficient worker or not. Member of “the team”, or no longer.  Neat bifurcations streamlined into a disjunctive of Kierkegaard’s “Either/Or”; that is how we like life to be — or not.

For Federal employees and U.S. Postal workers filing for Federal Disability Retirement benefits, the bifurcation is clear: Either suffer through as you are doing until retirement age, or file for Federal Disability retirement benefits.  The rash “third” alternative is really a very bad one: Of simply resigning and walking away with nothing to show for all of the federal service you put in.

If you have a minimum of 18 months of Federal Service, you are eligible to file for Federal Disability Retirement benefits under FERS.  Contact a retirement lawyer who specializes in Federal Disability Retirement Law, and begin the process of the ultimate bifurcation: To fight for your benefit, as opposed to the unwise other — to give up.

Sincerely,

Robert R. McGill, Lawyer

 

FERS Medical Retirement: The Right Perspective

Is there one?  Does a “balanced” one necessarily imply it?  Is a skewed one automatically discounted?  Is it always the “medium” which mandates the middle position of moderation that makes for rationality’s meaningful discourse (forgive the partial alliteration)?  Or, can “extremism” or what is viewed as a “rigid” perspective an acceptable position to take, even in this day when everything and everyone is considered equal and unexceptional?

The “right perspective” necessarily implies that there is an opposite and “wrong” one, or at least that there are other lesser asides and viewpoints that have not taken into consideration all of the data, the opinions and information in order to come to such a conclusive approach.

What makes for and constitutes a “wrong perspective”?  Often, it is to approach a problem or situation without all of the facts necessary to make a proper decision.  Actions based upon partial facts can be disastrous, especially in war and in circumstances where something is at stake; and it is the “other side” who has all of the facts at hand who takes advantage of such short-sighted steps and defeats the ones who have inadvisedly moved forward without the complete set of facts at 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, it is necessary to reach a state of the “right perspective” before initiating the process of an effective FERS Medical Retirement application.

By “right” is meant the tailored, specific conditions individualized based upon the unique circumstances of each person, and in order to make the proper decisions at each and every point of a Federal Disability Retirement application, it is best to first consult with an Attorney who specializes in Federal Disability Retirement Law, lest the “Right Perspective” be the wrong one, or a partial assessment — which amounts to same thing, in the end.

Sincerely,

Robert R. McGill, Esquire

 

 

OPM Medical Retirement Benefits: Of human endurance

We marvel at the cheetah, at the graceful way in which it can outrun a prey, overtake it with such effortless ease and kill its target with efficiency and purposive aplomb; but of a longer race, we all know that only endurance can defeat such focus of a killing machine.

Endurance is the unique reserve of human beings; for, what other animal can withstand the overload of stimuli bombarding each of us on a daily, persistent and incessant basis?

The city dweller who must contend with the noises unrelenting from all directions; even a drive through the countryside requires such focus and concentration to avoid pitfalls and potholes; and, of course, daily living in the modern era can no longer allow for a quiet, plodding existence in a pastoral setting where the milkman arrives to deliver morning freshness and the bells of a church can toll in the midday sun of lazy summers.

Of human endurance we think is limitless, and so technology marches on, ever creating faster and more efficient interconnections, and with each new invention we are told that — not only will it save us time and allow for greater comfort — hardships will resolve and melt away.

Certainly, the minimal technology has brought comfort to us all — you know, those things we take for granted, such as electricity, central heating, air conditioning, etc.  But of the Internet — of this constant need to be “connected”, and to amass hundreds, thousands, and tens of thousands of “followers” or “friends”; of human endurance, can it be withstood?

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 the test of human endurance that is often the issue.  For, how much more can a person stand?

Things were once going “smoothly” — if by “smoothly” is meant that one’s existence with the balance between work, family, rest and health had been maintained within a tenuous string of efficiency and lack of disruption.  But once the medical condition was added to the mix, suddenly the test of human endurance was being stretched beyond its limitations.

That is what FERS Disability Retirement is meant to alleviate — the overload of stimuli, responsibilities, the proverbial “to-do list”, etc., in order to focus upon the one thing that both cheetahs and human beings require in order to test the limits of endurance: health.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Application: Success

How is it measured?  What constitutes it – a subjective sensation, an objective judgment, or the loosely aligned combination of both?  Is it the quantifiable reaction of others, or the measurable amassing of possessions and the value of the gross aggregate?   Is the last one atop a proverbial hill of owning stuff what determines and adjudges the success of a person?  How does one analyze a life – at what age, in which stage of the slice, and is there a specific point on a pendulum or spectrum, or is it more of a linear continuum where specificity in a point of historical categorization should be resisted in favor of looking at a wider expanse of a ‘period’ evaluation?

We sometimes state with dismay, “Oh, what a wasted life – a bum at so young an age, into drugs, imprisoned and wasting away.”  Then, if it turns out later that the same individual became rehabilitated, worked on the “straight and narrow” proverbial path and “made a name for him/herself”, we revisit our earlier assessment and declare the individual as a paradigm of success.

Or, how about its corollary or opposite:  In youth, a paragon of defining what success means, a near-prodigy of everything hoped for:  College at the top of the class; great job; early earnings of astronomical proportions; mansion with servants by age 30; self-made billionaire (an aside and a quip, and food for thought:  a couple of decades ago, we only heard of “millionaires”; now, there are countless “billionaires”; and now we are on the verge of recognizing the first “trillionaire”; query – is it because there are such people, or is it merely the result that world-wide inflation has steadily made currency more and more worthless and depreciated, or is it a combination of both?); perfect wife, near-perfect children (2 and a half by statistical standards); and the conclusion at age 35:  Success.

Then, at age 45, divorce, the kids are mere nuisances, bankruptcy looms on the horizon and criminal prosecution for embezzlement is hinted and rumored.  Do we retract the former declaration, or do we bifurcate it by saying:  Well, he was successful for the first half of his life, not so much in the middle years, and became a bum, a criminal and a miscreant in his later years?  Is it the entirety of an individual’s life to be assessed, or sliced in neat categorizations bifurcated for convenience of excluding the negative in balancing out a person’s achievements, then defining the applicability of what “success” means by sectioning off and cordoning into parts determined by subjective prioritization?

Thus, the concept of “success” is difficult to grasp in a general sense when applied to a person’s life; as an event for targeting, however, it is often focused upon a singularity of outcome.

In filing a Federal Disability Retirement application, to be prepared, formulated and filed by, or on behalf of, a Federal employee or a U.S. Postal worker, the narrow issue of success is quite an easy concept to embrace.  Success is to obtain an approval from the U.S. Office of Personnel Management, a Federal Disability Retirement annuity.  Failure is to not receive it.  The  “middle ground” of uncertainty in coming to a conclusion is where it has been denied initially, but there are still further stages — the processing of Requesting Reconsideration, an Appeal to the U.S. Merit Systems Protection Board, as well as a Full Petition to the Board, and the final of all finalized steps:  an appeal to the Federal Circuit Court of Appeals.

There, it is somewhat more reflective of life itself:  Success is still within one’s grasp, but there is still some work ahead to redeem the short-term failure in order to end up in the consequential judgment of a final assessment.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Employee Disability Retirement: Our civilization of the spectacle

The concept is borrowed from the Peruvian writer, Mario Vargas Llosa (there are two additional names he formally possesses, “Pedro” and “Jorge”, as in, “Jorge Mario Pedro Vargas Llosa”, which likely encompasses family traditions of heritage and linear identification of relations, but it is sufficient to identify this momentary act of plagiarism negated by referring to the common and known reference), and refers to the widespread acceleration across all societies in the public display of what we once considered tasteless and base.

The concept itself, of course, is further “borrowed” or likely evolved from a work entitled, “The Society of the Spectacle” by Guy Debord, which posited a critical Marxist theory about the evolution of Society where the greed in Capitalist societies in the hunt for accumulation of possessions naturally leads to the degradation of human dignity.  One gives away one’s age and antiquarian predilections in relating memories of childhood, when parents used to say to their children, “Johnny, don’t make a spectacle of yourself!”

Nowadays, such admonitions would fail to be understood; for, it is the wish and dream of every parent to see that the very apex and aperture of opportunity remain opened to one’s offspring — to become the next spectacular spectacle in this universe of appearance, show and public display.  Have we come to a point where all conventions have been nullified?  Where discretion is no longer the mark of good taste, and humility is equated with failure and false pride?

It was once thought that when history evolved such that the Kardashians rule the levers of the universe, we would know then that human degradation had reached its lowest common denominator.  But, somehow, the shovel seems to be able to dig a little deeper, and find a lower space in which to crawl into.  For the common man (and woman, as one can no longer presume equality unless it is explicitly stated), revelations of human maltreatment are nothing new.

Look at Federal workers and U.S. Postal employees across the board, who suffer from a medical condition, such that the medical condition necessitates an “accommodation” in the workplace.  It is rare, indeed, for the Federal employee or Postal worker who requests an accommodation, that consequences are not imposed, results are not negated, and reputations are not soiled.  Medical conditions should, by definition, be a basis for empathy and special accommodations; but in this society and civilization of the spectacle, it merely represents another venue where the weak are taken advantage of, and the sickly are relegated to the corner stall, away from the window of display, and hidden in the crevices of windowless corners.

Federal employees and U.S. Postal workers know well the treatment by the Federal agency and the U.S. Postal Service, of what it means to no longer be able to perform one or more of the essential elements of one’s Federal or Postal positional duties.  The choice is clear, and the alternatives defined:  Filing for Federal Disability Retirement benefits under FERS or CSRS, or even CSRS Offset, is the best and brightest hope for the future of an injured or debilitated Federal or Postal worker.

For, in the end, both the Society of the Spectacle and the Civilization of the Spectacle are one and the same; whether by evolutionary inevitability or description of the state of modernity, those who make a spectacle of one’s self, must pay the price of being a target for another who desires that high point of calamity, where only the strongest survive.  Darwin was right, after all; we just didn’t realize that he was describing both the human being as well as the lowest form of our animalistic essence.

Sincerely,

Robert R. McGill, Esquire

 

Medical Separation and Retirement under FERS or CSRS: The nose beyond which

The human animal has reached a point of evolutionary pedigree where constant vigilance with the outside world is generally thought to be unnecessary; although, still when an individual walks through an unlit parking lot in the dead of night, the hairs which straighten and stand at attention on the nape of one’s neck would belie such an expression of civility amongst the savagery of newsworthy crimes printed daily.

Most of us live and walk about completely immersed within our own thoughts and reflections; and when encounters with the “outside” world suddenly jolt into an awareness just beyond, to focus upon the individual, event or incident which indicated a need for such engagement, the capacity to readjust and comprehend the alien nature imposed by a cacophony of sight, sound and a compound admixture of both, often confuses and torments.

Kant and Wittgenstein were correct in questioning the conventional views of a philosophical approach which wedded language to reality (to even combine both names into a single sentence is blasphemy, and an oxymoron of conceptual contradiction); the former, by proposing that there were human dimensions and constructs imposed upon an impervious universe of objectivity where the “thing-in-itself” bore little relation to how we perceive them; and the latter, by deconstructing the link between language and reality.

How we engage the world; what level of comprehension and understanding we bring to the fore; whether and what “success” we achieve in tackling the problems we face in a society that neither cares nor thinks about empathy and comity of human endeavor and suffering; the volume of questions posed and queried always surpasses the answers derived.  The nose beyond which we recognize is rarely embraced.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such a statement of truism is rarely denied.  Others fail to notice; the chasm between knowing that a medical condition is impacting a fellow worker, leaving aside the greater and universal perspective of a “fellow human being”, expands exponentially in a proportional widening defined by the intersection between title and pay grade, and the level of empathy lacking and sympathy non-existent.

Federal employees and U.S. Postal workers who think that having a medical condition, after years and decades of loyal and dedicated service to the Federal agency or the U.S. Postal Service, will automatically inspire a return of such vaunted conduct of responsive grace, become quickly and sorely disappointed and disillusioned.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS, CSRS or CSRS Offset, is often the best option to take, if only for the sake of preserving one’s health, whether psychological, emotional or physical.

For, in the end, the nose beyond which a person may suddenly see, is that neighbor waving across the street, the lost child crying on the corner of the next block, the homeless person wandering the inner city desolation past the invisible lines of suburban sterility, and the infirm dilapidation of rotting humanity abandoned in old people’s homes which we euphemistically deem as “retirement communities“; and that which circles back to the Federal or Postal employee who remains unaccommodated by the Federal agency or the U.S. Postal worker, who must prepare, formulate and file for Federal Disability Retirement benefits because the shame of humanity has dissipated into an uncaring universe of ethereal space defined by an unperturbed imaginary deity.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Happiness Goal

Whether human happiness is the goal to strive for, or as a byproduct to savor in those moments of sudden revelation, is for each individual to ascertain and abide by.  One can study the sages and philosophers and realize that there is a distinction to be made between joy and happiness, of contentment and satisfaction, and from a sense of peace as opposed to the turmoil of anxious foreboding.

Life is full of moments; but is it for those moments we live, or do such ethereal segments compel us to greater achievements?  From Aristotle’s Eudaemonism to Confucius’ focus upon maintaining the balance between family and normative behavior, or the extreme nihilism of Nietzsche and the existentialist’s embrace of the absurd, the modern approach has been to ensconce happiness as the principle of highest regard.  But life has a way of interrupting every neat packaging of human endeavor.

For Federal employees and U.S. Postal workers who suffer from a medical condition, whether of physical pain, the chronicity of progressive deterioration, or the overwhelming psychiatric conditions which impact mental acuity, cognition, with symptoms of depression, anxiety, panic attacks, etc., the desire for the “happiness principle” is sometimes merely to have a day without the symptoms of one’s medical condition.

Filing for Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal workers is under FERS, CSRS or CSRS Offset, can be an intermediate goal, and not an “ultimate” one.  For, in the end, if the Federal or Postal employee can no longer perform one or more of the essential elements of one’s positional duties, the loss of job satisfaction will be exponentially heightened either by the agency (through disciplinary procedures or termination of employment) or by one’s self (through frustration of purpose, increasing recognition and acknowledgment of one’s inability and incapacity, etc.).

In the end, the “happiness goal” is often defined by who controls what; and in taking the first steps toward preparing, formulating and filing for Federal Disability Retirement benefits through OPM, one asserts control over one’s present and future endeavors, and fights against the winds of time and mortality by controlling the undetermined destiny of a period of life yet to be deciphered in this complex world of mysteries wrapped in a chasm of conundrums.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Lawyer: Time Was, When…

Reminiscences represent a harbinger of the state of existence and the mental attitude of individuals; once engaged, they reveal the past-oriented focus, as opposed to the future dreams of youth.

Do young people reminisce?  At what point does one engage in such leisurely exercise?  And the spectrum of historical context, or the lack thereof — does the limited span of a past life determine the narrow course of future remembering?

It is always a danger to place too glowing and positive a light on the past; for, as present circumstances may be a pocket of discontent, so the warped perspective may, by contrast, create a fictional scenery of the past by unknowingly diminishing and extinguishing less notable events once experienced.

For Federal employees and U.S. Postal workers who are subjected to the hostility of one’s own agency because of the manifested impact of a medical condition upon one’s capacity to perform the essential elements of one’s positional duties, it is natural to embrace the refrain, “In the good old days”.  Health often brings that careless attitude of flippant fortitude; it is when we have something that we unknowingly take for granted, and when it becomes diminished, or is suddenly gone, the human tendency of regret and return of rectitude begins to pervade.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the pathway out of the muddle of reminiscence; there is, perhaps not yet known to the Federal or Postal employee, life beyond the Federal government or the Postal Service.  If too much time is spent in the past, then the robber barons of yesteryear pervade in the present, to rob one’s future.

Filing for Federal Disability Retirement benefits through OPM is not merely for escapism from a current “bad” situation; it is to secure the future such that there will be one, where one day in the twilight of a life, one can look upon the current negative circumstances and begin with the reminiscence of, “Time was, when…”

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Life We Perceive

The state of having an epistemological privilege in the first-person singular, means that we occupy a unique position of knowledge, cognition, perception and viewpoint.  Concurrently, however, we must recognize and acknowledge that others have a similarly extraordinary vantage point, and that no matter how hard we may try, we will never truly understand the depth and complexity of the “others” who surround us, whom we encounter, and who pass by our field of vision in the greater context of life’s coincidences and happenstance meetings.

That we may never be able to fully understand another human being is not a sin; that we fail to care to at any given moment, is merely a fault; but that we callously disregard despite indicators of greater suffering and turmoil so evident that the trembling whispers of human frailty touch upon tears of sorrow, shows a misuse of that unique position of epistemological privilege.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s Postal or Federal job, the impact is such that one must often consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, and thus to end early one’s chosen career in the Federal sector.

One would expect, despite the unique position of epistemological privilege which everyone occupies, that some semblance of empathy or caring could, or should, be expected.  Instead, the Federal or Postal employee in the process of filing for Federal Disability Retirement benefits often encounters greater resistance and bureaucratic turmoil than statistically experienced in other similar administrative endeavors; and can this be attributed to mere mathematical calculus of acceptable differentials?

It is doubtful, because it is precisely in the recognition that perversity of intent is also found uniquely in the human animal, and even in cases of suffering and trauma, when medical conditions clearly present to the life we perceive a state of grief greater than simple sympathy, but beyond pain, suffering and turmoil of body and mind; even then, the complexities of jealousy, envy, spite and cruelty, overwhelms the soul who knows not the inner depths of depravity within the human makeup.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Law: Agency Adverse Actions

Calamities coalesce in concurrent coordinated couplings; often enough in life, when one action is engaged, another follows in reactive reflection.

For the Federal employee or U.S. Postal worker who has a medical condition, such that the medical condition impacts one or more of the essential elements of one’s job, the necessity to, or mere hint of the 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, often invokes a concurrent action on the part of the agency.

Whether such actions are mere coincidences (unlikely); retaliatory (a good chance); or deliberatively intentional (often enough) is anyone’s guess.  Trying to figure out the underlying motivation of agencies is merely a waste of one’s valuable time; what to do with the agency’s adverse actions, is the more productive approach to embrace.

The argument that finds some precedence for OPM in arguing against a Federal Disability Retirement case, is that somehow the Federal Disability Retirement application was merely a pretense to avoid termination, and thus is somehow invalidated.  But, in fact, the reverse can be argued as well:  Because of the medical condition, the agency’s adverse actions reflect the poor performance, the excessive taking of SL, LWOP, etc., and irrefutably confirms the validity of the Federal Disability Retirement filing.

What the agency’s adverse action states; how it is characterized; what surrounding correspondence exists; and the extent of one’s medical documentation around the time of the agency’s actions, and prior to, are all important components in preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire