Lawyer Representation for OPM Disability Retirement Claims under FERS and CSRS: Rebirth

The term and the conceptual attachment possesses a connotation that is often repugnant to atheists and pagans – although, if reincarnation and a circular vision of regeneration of life are the belief-systems embraced, the declaration of “rebirth” or being “reborn” are not that foreign.

It can, too, have a very elementary meaning, to encompass merely a “new beginning” or a sense of transcending or climbing into a different stratosphere of thinking; sort of like “thinking outside of the box”, or of entering a “different phase” of life.  That, too, is interesting, is it not – where we never think in terms of “descending”, but always of “ascending” – as if the former is always related to death, catacombs and unmarked graveyards with cemeteries full of weeds and overgrown ivy?

Rebirth is physiologically an impossibility, and thus do we ascribe to a cognitive or spiritual transference where change is often dramatic, originating from a trauma of experiences that must be left behind.  But the experience itself – of a rebirth – can come about in a mundane, systematic, thoughtful and often enlightened means by nothing more than mere cadence of monotony – retirement; having children; getting married; becoming old; moving to a different country or even across a state line; these, too, can constitute a rebirth.

Or, how about adopting a dog from a rescue kennel and giving it a “rebirth” of sorts – doesn’t it reverberate back to the rescuer as well?  What we find when we do that is this:  We believe we are doing the “favor” for the abused animal, when in fact it is often the very reverse, where the animal brings out from within us a capacity for caring, empathy and love that we would otherwise have never known, and that, too, is a form of rebirth.

Filing a 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 – can that, too, be a form of rebirth?  It all depends upon the attitude of approaching such a “next step” – Is it to escape, or to refocus?  Is it an indicator of a reshuffling of priorities?  Will it allow for an easing of debilitating pain and allow for a journey to attain a plateau of rehabilitation, such that a second career or further vocation will be possible?

Surely, rebirth is a wide enough concept to encapsulate a pathway through the bureaucratic morass of getting a Federal Disability Retirement application approved, and why not?

After spending years trying to hide the medical condition and the symptoms that naturally go along with it, moving on to the next phase of life can be nothing more than a rebirth, of sorts.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirements: The predetermined, “Let’s discuss it”

You can often tell from the eyes and the mannerism whether the opening prelude is meaningful, or predetermined to merely manipulate to an intended end.  The opening interlude which allows for the conduit of engagement:  “Let’s discuss it”; does it next encapsulate an ear which listens, or pauses which allow for conveyance of communication – or merely a diatribe of invective meant to dissuade and demean?

It is a rare character, indeed, that states and means in a coalescence of sincerity; instead, the danger signs should be evident at the outset:  The end has already been predetermined; your words are merely allowed to provide a setting of appearance, or to give you the rope in order to coil it and hang yourself.

Beware of the wolf in sheep’s clothing (or does that metaphor even apply, today?); there is rarely a cast of shadows without the darkness elongated, and it is indeed a rarity to find sincerity in an insincere world.  Discussion requires a prefatory contingency of openness to logical argumentation (or even emotional appeal), persuasion, dissuasive comportments, and a sense of listening.

Is there a fine line between that, and a preset paradigm of an already-established course?  Take the following hypothetical:  Some figure of authority – the “boss”, or a manager, supervisor, etc. – grants a forum for a “discussion” of the “issue” (whatever they may be), but during such an exchange it becomes readily apparent that the counterpart shows no signs of actual interest – the fidgeting, the proverbial “looking at the watch”, the furtive eyes, the yawn; all together, showing a complete disinterestedness in the process.

But something during the discussion sparks, and an unintended consequence (to paraphrase the well-worn American Lore from Adam Smith and the economic entrails of systematic chaos) suddenly rears its beautiful head; eyes sparkle; the head and chin tilt slightly back, and intelligence (which heretofore was merely a dark abyss of eternal vacuity) gleams in the eyes of the “boss”; “Now, that is an interesting proposal…” comes the refrain.

In such a scenario, was the fact that predetermination of outcome altered during the course of the foray, changed the entire episode into one which embraced a sincerity of motives?  Or, is it merely that the counterpart changed his or her mind, and “openness” to such an exchange was a farcical prelude to an otherwise meaningless exchange?  Does the mere fact of allowing for a discussion – an opportunity to voice one’s concerns or to “vent” through a diatribe of invectives – establish a sincerity of allowances, even if the original intent was otherwise left unstated?

Which brings us to the point of this exchange – for, in 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, the thing that many Federal and Postal employees fail to realize, is that there is contained within the bureaucratic system of the administrative process, a procedure which essential does constitute a “Let’s discuss it” trigger.

For, that is precisely why there are multiple stages of the administrative process – of the “Initial Stage” in filing a FERS or CSRS Disability Retirement application; then, if rejected and denied at the First Stage, a second “opportunity” of a “Let’s discuss it”, represented by a “Reconsideration Stage”, where additional medical documentation and legal argumentation can be empowered; and, then again, a “Third Stage”, where the Federal or Postal employee may disagree with OPM’s determination, and file an appeal to the U.S. Merit Systems Protection Board.  Additionally, there is even a Fourth Stage – of a Petition to a panel of MSPB Judges for a legal review of the process.

Such an Administrative Procedure reveals and establishes an aversion to what most people experience, in that there is a process of listening, appealing and persuading in a Federal Disability Retirement application – something which is rarely found in the world at large, where the refrain, “Let’s discuss it”, is normally anything more than a prelude to a predetermined course of action.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement Benefits: Writing a life

It is lived; or so we attempt to do so.  This thing called “life”; neither an art form, and forever unaccompanied by instructions or even a cheap compass; most are abandoned at the junkyards of forgotten corners, where the trifecta of raw sewage, mistreatment of body and spirit, and the crass exposure to the detritus of human discontent coalesce to present the irony of birth preceding an inevitable death.

Heidegger taught that we engage in projects in order to avoid the ultimate outcome; for Nietsche, nihilism opened doors for optimism contrary to the preceding generations of convoluted castaways; and while Zen and Hindu mysticism explained away the agony of the body, the remaining torture of living the reality of the now somehow wasn’t enough to extinguish the suffering groans of an impervious universe devoid of feeling, empathy, regard or constancy.

If the implements to create are not provided, and cannot be afforded no matter the toil from birth to death, of what use is the life given if living it cannot be achieved?  Moreoever, how can one engage in the writing of a life, let alone the living of it?

Autobiographies are mostly forgotten narratives undertaken merely to dispose of haunting ghosts of passing groans; and biographies, only for those who become a footnote in the dustbin of society.  And thus are we forsaken, like the cross abandoned on the hilltop where agony was first embraced in an effort to expiate the sufferings of our forefathers.  And then we are asked to write a life — no, not merely to live it, but to engage in art as reflective of ugliness.

For Federal employees and U.S. Postal workers who are attempting to prepare an SF 3112A, Applicant’s Statement of Disability, the arduous expenditure of describing even a slice of it can mean the difference between securing one’s future or losing a lifetime’s career of investing in the Federal sector or the U.S. Postal Service.

Whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, the labor of preparing, formulating and filing an effective Federal Disability Retirement application must by necessity describe the impact of the medical condition, its nexus to the Federal or Postal worker’s inability to perform one or more of the essential elements of the Federal or Postal position, and to “prove” it by a preponderance of the evidence.

Such a daunting task is tantamount to writing a life — perhaps, one could appease, merely a slice of one, a portion of a greater whole, and an abbreviated compendium in an abridged form.  Nevertheless, the task involves the aggregation of descriptive narrative, a coherent structure of prose encapsulating facts, evidence and a legal argumentation with a focus towards meeting a statutory criteria for eligibility; indeed, some could argue that the entire project is one demanding something well beyond the mere writing of a life; it is, moreover, to convey and communicate the most private of concerns before a public forum in a maze of bureaucratic complexities amidst an administrative nightmare in a sequence of conundrums.

Yes, living a life is hellish and unaccompanied by direction or explicit purpose; writing a life is even worse — for it entails the remembrance of things past, the present undone, and a future filled with uncertainties but for the successful execution of preparing, formulating and filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Medical Separation from Federal or Postal Employment: Passion

No, this is not April, and Easter has long passed.  Have we done a disservice by admonishing our youth to pursue it?  That the worth of a thing is inherently determined by our response to it, and not in the thing itself?  If passion is defined by an emotional fervor, barely controllable and unable to be contained, have we set up the wrong criteria by which to live life?  Work, vocation, career — are they as fungible as life’s castaways, rejected based upon a momentary or fleeting sense of acceptance or denial?

In Western Classical tradition, the “ordering” of the soul in Plato’s Republic, or the search for balance in Aristotle’s Nicomachean Ethics, was always the standard to pursue, and was essentially commensurate with the Eastern approaches of Zen’s denial of the body, the warrior’s acceptance of karma and the fate of life as determined by death; and the circle of life as represented by the Rigvedic deity of fire.

Now, how we feel, the passion one embraces, constitutes the totality of acceptance in a world denounced of living spirits and reduced to materialism and Darwinian determinism of the lowest order.  Often, what is lacking is more revealing than the manifestation of a thing; and thus do bifurcated paradigms such as being and nothingness, worth and junk, life and inertness — it is the erasure of one which magnifies the other.

For Federal employees and U.S. Postal workers who have lost the “passion” for their vocation because of the introduction of 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 as a Federal employee or U.S. Postal worker — the “loss” has a determinate criteria by which to evaluate, and is not merely based upon the lack of an emotional response.

The laws governing Federal Disability Retirement benefits is an employment criteria signed on by the Federal and Postal employee when you became part of the Federal Sector, and it allows for the Federal or Postal employee to apply for, and become eligible to receive, a Federal Disability Retirement annuity when a medical condition arises 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.

In such circumstances, “loss of passion” may simply be a factual observation; the loss of vocation because of a medical condition is then a further consequence, and preparing, formulating and filing for OPM Disability Retirement benefits, whether under FERS, CSRS or CSRS Offset, becomes a necessary next step upon the consequential abandonment of that passion.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement from Federal Government Employment: Right Thinking

Thoughts are essentially neutral, until they interact with the greater community of ideas.  Once introduced before the judgment of others, the validity, rightness or fallacy of the substantive content can be challenged, and ultimately tested in the arena of reality.  Life can often present a harshness of consequences; ideas left in the insular universe of solitary contingencies, confined as unchallenged and ultimately deprived of consideration, are mere artifices of impotence otherwise lost in the vacuity of meaningless tropes.  “Right” thinking becomes so when thrown into the arena of a community.

The rightness itself is already presumed by the very introduction into the Wittgensteinian language game of challenging and challenged constructs; and the paradigms left in dusty drawers and closets never opened, remain as dungeons of worthless residues too timid to touch, too hesitant to open, and too afraid to reveal.  Wrong thinking, thought deprived of the fanfare of acceptance, may yet come back another day, and replace the outdated paradigms once considered paramount and of penultimate designation.

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 under FERS, CSRS or CSRS Offset, often engage in the “wrong” thinking process precisely because of the inherent hesitation in changing course.  It is, indeed, a wonder and a befuddlement that the Species of Man has propagated so successfully, despite the wrongheadedness of the genetic latency as reflected by foolhardy artifices of thoughtless vacuity.

Some instances of “wrong” thinking by Federal and Postal employees:  “The medical condition will go away”; “My agency will work with me in accommodating my medical conditions”; “Tomorrow, or next week, or perhaps next month, my Agency or the Postal Service will do the right thing.”

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is essentially a “neutral” matter, until the pragmatic steps of preparing, formulating and filing for the process of OPM Disability Retirement is actually engaged.  “Right” thinking is not a matter of political leanings, but of practical steps taken to secure the future of a Federal or Postal employee.  “Wrong” thinking is to think that actions necessarily follow by mere engagement of a conceptual construct.  For, remember that old adage of the philosopher who was so lost in “deep” thoughts upon the heavens above, that he fell into a cavernous ditch and died there starving under those very stars he maintained his gaze upon.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement Benefits: Reality T.V.

That we would have the imaginative capacity to invent such a medium and attract countless millions to sit and passively view the saga on a picture screen tells much about our species.  To be persuaded to suspend disbelief and discuss it as if it reflects a reality and can be designated as such, unmasks the myth of representing the pinnacle of the highest order.

Perhaps it is pure escapism which propagates the widespread popularity of such shows; or our desire to believe, which is that essence of being that caricature encapsulated by the quote often misattributed to P.T. Barnum, the greatest “showman” that ever was, who allegedly said that there is “a sucker born every minute.”  That the quote itself is associated to a fellow showman — a precursor to the television shows of modernity purportedly engaging in the make-up world of a reality no one has ever witnessed nor seen but through the dumbing influence of the idiot box, is appropriate and predictable.

What countless hours of wasteful time spent voluntarily barraged by datum destructive of digitally devoid dalliances; and yet we continue to add to their popularity.  No other species has the time, inclination or patience to sit for hours each day, tens of hours each week, in engaging an activity where the prerequisite is to suspend disbelief and become inert objects in a universe alive with activity.

Environmentalists often argue that the food we consume no longer provides the nutritional value once inherent, precisely because the biological dynamism once part of the soil of the earth no longer contains the living contingencies now depleted.

Inertness is everywhere around, and like the dystopian stories which have more recently become popular, the deadening of souls has been but a reflection of our own actions.  We invite most harmful things voluntarily — even reality which is unreal.  The one element we never “invite” into our lives, of course, is a medical condition; yet, when it appears and attacks, it often leaves us unable to face the very real reality of its debilitating and progressively deteriorating effects.

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 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, requires a suspension of disbelief, as well.  For, there is often that period of not quite believing that “you” will not be able to return to work, continue on in the career, or overcome this “temporary” setback.

Real reality is often rather uninteresting, especially in a world which provides entertainment that excites a deadened soul; but when that real reality becomes a reality such that the inertness of life’s reality must contend against the entertainment of Reality T.V., then it is time to push the “off” button of that technology which invades the hurting soul, and begin the hard road of real reality by preparing, formulating and filing an effective Federal Disability Retirement application through OPM, in order to save some semblance of a future reality hopefully not dystopian in its surreal reality.

Sincerely,

Robert R. McGill, Esquire