OPM Medical Retirement Legal Representation: The waiting room

We have all experienced the psychology of the cursed “waiting room” — that place which is assigned as the “intermediate” lull, like purgatory for the virtuous-to-be, where they think that by making you believe that you have now been chosen to wait in a separately sequestered area, your patience will become refreshed and you will allow for another lengthy wait.  The psychologists have it all figured out, don’t they?

First, you are left to wait with the “rest of them”; then, your name is called, and you leave those who have been waiting just as long, or some even longer, with a smug smile, thinking to yourself, “Whew, finally!”  But that sense of relief is short-lived, for it becomes clear that the room you have been lead into is merely another surreal suspension of reality’s cruel viciousness — for, this is merely an intermediate form of torture: The Waiting Room, where the real wait begins.

Somehow, the psychologists have figured out through studies conducted that patients, clients, potential customers, etc., will tolerate quite a bit of waiting so long as there is an “interlude” between waiting periods.  So, say you are at first forced into a queue with a group of others — the studies have revealed that 20 – 30 minutes is the maximum before agitation begins to manifest itself, unless you are “selected” and sequestered into a separate queue where your tolerance for a further waiting period can begin anew.

Of course, in reality, nothing has changed — it is simply that your waiting has been transferred from one area to another.  Can this occur multiple times?

Apparently, the studies have shown that, yes, so long as the logistics of the waiting period have been altered — as in, say, after 20 minutes for the 2nd waiting queue, a nurse walks in, looks at you and places a folder into the filing basket attached to the door.  Somehow, that momentary interruption focuses the waiting individual that your time is approaching, that we have not forgotten about you, and you will soon be seen.

The psychology of intermediate contacts increases one’s hope for the end of the waiting period, despite the fact that the same waiting period continues — it is just that the hour’s wait is broken up into segments of three 20 minute slices, and that, according to all of the psychological studies, makes all the difference.

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, one of the frustrating aspects of filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS offset, is the long and arduous wait that must be anticipated before a decision is made.

Expect the worst; hope for the best.  There are multiple stages to the process — of the Initial Stage; of the Reconsideration Stage; of an Appeal to the Merit Systems Protection Board; and even of a Petition for Full Review before the MSPB.

Thus, if you took all of the multiple stages, the “wait time” is tantamount to the slicing up of that very “wait time”, and the best way to give yourself the benefit of a higher percentage of success is to make sure that you increase your chances of getting it approved at the Initial Stage by consulting with an attorney who specializes in Federal Disability Retirement Law, lest you remain fuming in the Waiting Room where everyone else taps his or her foot while the collective blood pressures continue to rise.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Responsibility

What is it about the ascription of such a word, that there can be a direct correlation or, if taken in a different context, some mere connection but no causality?  We can say of a person, “He is responsible for X”, and yet never have directly encountered X or (if a person) never even have met X.

Thus of monsters and thugs throughout history, for instance, we might say that “Stalin was responsible for 20 million deaths, at least,” or that Mao was “responsible” for a 100 million peasants dying during the late 50s; or, of course, of ascribing to Hitler the countless millions; and, so that we don’t leave out other “responsible” monsters of history, of Pol Pot, Idi Amin and many others besides, though we cannot link a causality that would pass Hume’s skeptical test of anything more than events following one upon another, we nevertheless accept that all such political figures were “responsible” for the deaths of millions.

What is the criteria in coming to such a conclusion?  Is it a negative proposition — that if X had the power or position to prevent such events from occurring, then Responsibility-Y can be ascribed?  Or must it be a positive declaration: If X engaged in Acts A, B and C, then Responsibility-Y can be attributable to Individual-W; and further, if only Acts A & B, but not C, then less so; and if only Act A, but not B & C, even less so?

Responsibility”, of course, is a malleable and transitive concept; it can change with the contextual winds of opinion, historical perspective and a cultural shift of viewpoints.  Look at how we approach our Founding Fathers — of responsibility for the slave issue in the United States, but somehow excusing each if (A) any one of them willed that they would be freed upon their deaths, (B) that one was “personally” against the issue but for economic, practical reasons were “forced” to go along or (C) they treated them “kindly” and “responsibly” (here, we have a double-meaning of the term, for such an individual was both “responsible” as well as being ascribed the “responsibility” of being a slave owner).

Or, look at the manner in which America treated Native Americans — of a genocidal history no less cruel than Mao’s starvation of the peasantry; and yet, because of such grand concepts as “manifest destiny” and the depiction of an entire populace as “uncivilized”, we can avert “responsibility” by distancing the causal agents; and the greater distance between the agents, the less we ascribe responsibility.

On a lesser scale, what about work?  If work suffers and there is no reason for it but laziness and lack of attention, we ascribe “responsibility”.  But what if a medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s positional duties — is that Federal or Postal employee “responsible”?

The short answer is a “no” — and that is recognized by “the Law”, in statutes, regulations and case-laws cumulatively aggregated under the conceptual aegis of “Federal Disability Retirement Law”.  It is precisely because society recognizes that a medical condition itself — and not the individual — is directly responsible for one’s inability to perform one or more of the essential elements of one’s positional duties, that Federal disability retirement exists as a benefit to pursue.

But it cannot be accessed until and unless there is an affirmative step taken by the Federal or Postal employee, by preparing, formulating and filing an effective Federal Disability Retirement application, filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  That is where “responsibility” comes into play as a direct causal link — of initiating the steps and actually filing.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: And then we are gone…

The trailing ellipsis establishes a pause for reflection, and the finality of three periods for an emphasis upon the irreversible nature of the statement.  “And then” connotes that something preceded – a lifetime of activities, a century or less of human historicity involving birth, growth, work, struggles, etc. – existed before the conclusion of the life.

The “we are” slice of the sentence implies two additional variables: the universality of involvement – an event that excludes no one – and the present tense of that which is inevitable.  And what about the final word before the ellipsis?  The eternal nothingness; the inescapable conclusion to every novel, every short story, every figure of historical significance or otherwise; we all die.

We somehow try and escape or avoid that fate.  Heidegger’s observation that the whole of human activity is merely a project of distraction and avoidance – that we perform this busy-ness and that all-consuming work or hobby, not because it is inevitable, important, relevant or even interesting, but because to do nothing would be to face the reality of our own demise daily.

Perhaps that is somewhat of an overstatement.  And yet… In the end, plastic surgery, herbal teas and strenuous exercise may only prolong the terminal exit ramp for a fortnight or even a calendric cycle or two, but it is the “in-between” times that make all the difference in a person’s life.  And what of quality?  Does quantification by pure duration determine the worthiness of that “in-between” period, or is it better to have lived a short but “full” life, before the finality of nothingness comes upon one?

For Federal employees and U.S. Postal workers who are suffering from a medical condition, such that the medical condition is making that preceding period before the universalization of finality becoming a reality “less than worthwhile”, the time may have approached, and perhaps even passed, that preparing an effective Federal Disability Retirement application has become not merely a necessity but a crisis of mandate.

Sometimes, in life, the choices are limited and the options presented somewhat less than the best of life’s offerings; yet, to live out that duration of what is future-oriented by enduring pain, suffering and illness in an atmosphere of hostility and adversarial contrariness for the remainder of the days yet to come, often become unbearable and unthinkable.

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, is often the only solution to a problem unsolvable. It is that moment before the part that goes, “And then…”, where the ellipsis has not yet reached the “we are” portion, and thus a crucial section of a life still to be lived.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: Lives abstract and pointless

It is easy to speak about others in an abstract and pointless manner.  What is more difficult is to engage the complexity of a human being.  When we refer in such a manner, and reduce to a conceptual entity, the minimization allows one to refer to “it” as an object of derision.  Thus can one subordinate and state without feeling, “Oh, X is worthless” or “Y is a waste of time”, as if the value of an individual can be quantified like mineral ore or spectrums of inestimable qualities.

It is the cognitive process which is likely unique to the human animal, and has been variously evaluated, assessed, judged and analyzed by different philosophical schools of thought, under multiple titles like “An inquiry into human understanding” or “The puzzle of the human mind”.

Abstraction, placement of sensible objects into forms of conceptual paradigms otherwise negated by the particular; these generalizations have a duality of purpose, of utility that can be moral or evil, deliberative or of pointless venue.  Obliteration of the particular is consistent with the capacity of a nation to subjugate and murder in mass quantities, for it is by the vehicle of objectification that the subject can be ignored and shirking of humanity can be achieved.

From the ashes of the Second World War rose the stems of Existentialism, and Sartre and Camus positing the anguish of dead souls unable to experience the fullness of life.  And thus was the hero an unlikely one – of a solitary figure toiling despite the severing of that which gives impetus to life: the relationship between meaning and motivation.  For, Sisyphus was condemned to engage for eternity in the monotony of toiling to push the boulder up the incline, only to have it roll back down, then to repeat the senseless act endlessly.

It is this metaphor applied to life itself, and by which existentialism sought to bring meaning and purpose to the human condition.  That is why relegation to abstraction and subjugation to pointless conditions became the clarion call of protest for the tide of human suffering, like the Phoenix rising from the ashes of war left to devastation and human misery.

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 the Federal or Postal positional duties, the experience of being referred to as lives abstract and pointless becomes a daily encounter; for, Federal Agencies and Postal facilities place value upon the Federal or Postal worker only so long as productivity and the advancement of the Agency’s mission continues; and thus is loyalty defined as a one-way street leading up to the Agency’s doorstep or the Postal Service’s bottom line; never does loyalty embrace the Federal or Postal employee’s medical condition.

Preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is a way to break that endless cycle of Sisyphean plunder; for, in the end, lives abstract and pointless are defined not by what “they” are doing, but what you – the unique individual – are capable to doing, and escaping the harassment and adversarial actions of the agency by obtaining a Federal Disability Retirement annuity is often the best and only choice to attain that purposive goal.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: The elixir of life

Is the substance we expunge necessarily the opposite of the positive?  Does the mere fact of expiation denote that which is unwanted, or merely no longer of utility?

In ancient times, an elixir was considered to be a substance of great desirability; it possessed multiple meanings, including a reference to that substance which was used in alchemy to alter base-metals into the gleaming riches of the natural order found deep beneath the chasms of the earth – gold.  Or, alternatively, it meant the potion or mysterious concoction that prolonged and extended life into an eternity of ecstasy; and in other definitions, a curative medicine that attended to all diseases, corrected every malady felt and balanced the unbalanced humors within the human body.

A further meaning has encompassed the concept of an essential principle – that core of something that provides an Aristotelian connection of all first causes such that when one discovers and comprehends the elixir of life, one has attained a pinnacle of wisdom next to the gods who otherwise mock the foolishness of human suffering and striving.  But back to the original query: What about the waste that is squeezed from the substance we desire – of human detritus, urine, scatological excretions and the leftovers of those thought to be unproductive; are they not necessary in that, without the capacity to expiate, it would rot within the cavities of the human tissue and destroy the very fabric that retains them?

We often fail, at the expense and detriment of our own thoughtlessness, to consider an inversion category of the original posit; we accept, at face value, that human functions of expiation and riddance constitutes just that – of throwing away, expunging, extricating and discarding – as a categorization we simplify into elementary concepts: what we consume and embrace is “good”, and that which we expiate is “bad”.

Thus do we build toilets in unassuming locations within a residence; outhouses are just that – some dilapidated structure constructed away from the home, and somewhat upwind from the wind currents that carry the daily odors of life’s contrariness.  But is that the proper way to view things?  Should we not, instead, liken our activities to that which a messianic proverb once elicited: How we treat the least among us reflects the true character of our inner nature?

Inversion thinking is a process that is too often overlooked, and because of this, we often walk through life passing by opportunities and gifts otherwise there to be accepted.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition no longer allows for one to continue with the present course of a Federal or Postal career, it was once believed that the elixir of life was intricately wrapped up in continuing the Federal or Postal job because it allowed for a certain career, standard of living and measure of self-worth.

This is where inversion thinking needs to be considered.  For, at what cost, and what price to be paid?

Preparing an effective 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 a necessary step in order to attain a level of continence such that the proper balance and focus can be reached – of one’s health, as opposed to continuing in a job that has become harmful; of separating from Federal Service or the Postal facility in order to escape from the daily harassment of somehow being “lesser” because of one’s medical condition; and all of the other garbage that is thrown at the Federal or Postal employee who suffers from a medical condition.

For, the elixir of life is not always that substance we thought was the pathway to a mythological fountain of youth, but an inversion of that thought – of removing, as opposed to taking more on; of separating, in contradistinction to enduring the pain; and of expiating, in contrast to accepting.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: Scoffing paradigms

Of course, such a title can have a double entendre or duality of meanings – that, in the first instance, the accent is upon the word “scoffing” with a lowering of one’s voice upon “paradigms”, and that would mean: One turns up one’s nose at the very idea of paradigms. Or, alternatively, if both words are of equally monotonous tonal undulations, then it could mean that the paradigm itself is one which scoffs at other paradigms, differing principles or contrary perspectives.

As to the first: There are those in life who declare that paradigms are unnecessary, and one needs to simply live life, take things as they come and forget about being able to comprehend “first principles” or other such nonsense. Indeed, that is the bestial side of humanity; animals and all other species live like that, and as the evolutionary perspective has won out and we are left with nothing but the biological counterview of life, so why not us as well in consonance with the rest of the universe?

The second meaning would presume the opposite: for, in order for a superiority of belief-systems beyond modernity’s feeble attempt at generalized equivalence of all such systems, there needs be certain paradigms that are objectively prioritized in significance, importance and relevance of application. In either meanings, while the emphasis upon the direction of the scoffer may differ, the central concept of “paradigms” remains throughout and consistently becomes elevated and magnified as the primary root cause.

Modernity has a dual problem (and many more, besides): On the one hand, nobody any longer believes in grand systems of philosophical import; thus, the Hegels, Kants and Heideggers of yesteryear will not become reincarnated in current or future times, unless there is a wholesale exchange of mindsets. On the other hand, we still cling to a tribal mentality – of wanting and needing to belong to a group that espouses illogical biases and discriminatory tendencies, if only to have some semblance of an identity unique from others; and so we embrace, by unconscious fiat or otherwise estranged ignorance, paradigms that we neither understand nor take the time to comprehend, but instead join in and defend by means of keeping company with other such ignoramuses.

For Federal employees and U.S. Postal workers who begin the process of preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, what becomes quickly evident during the process is that the Federal Agency or the U.S. Postal Facility will suddenly become encamped and invested in one paradigm, and you in an altogether different paradigm, and then the scoffing begins.

The Federal Disability Retirement applicant (you) are no longer amongst the “for the mission of the agency” paradigm, and you end up being a member of that “other” paradigm whether you like it, choose to, or not. Thus do you participate in the vicious cycle of scoffing paradigms, in either sense of the terms, without even knowing it. Go figure.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits for Federal Employees: The bugle

Unlike its cousins, it has no valves or pitch-altering devices, but must be modified through the movement of the lips, the extent of breath exhaled and the undulating modifications of combined muscles in the lips, tongue and throat.  Perhaps from the days of riding a horse in the cavalry, where playing an instrument while charging full force ahead on a horse stumbling across rough terrain forced the instrument’s player to modulate through strain of keeping one’s self from falling; in any event, its very lack of complexity belies the simplicity of the bugle, as appearances are indeed deceiving.

Whether playing Taps in that mournful tone, or reveille in that jarring sound as the signal to awaken for morning roll call, or the charge to execute a cavalry or infantry advancement — that frightening sound to Indian tribes signifying the destruction of a culture long awaiting death – its class of variety extends well beyond most choices provided.

Trumpets of all sorts may be included in the family – from Piccolo trumpets, slide trumpets and multiple others from A to G and beyond; but the bugle stands alone in its structural simplicity and reliance upon the creativity of the holder who dares to attempt to master its range of pitches by the vocal creativity and lips pursed in controlled spurts of exhaling the intricacies of man’s attachment to inert objects to fill the air with sounds unnatural but for the beauty of music.

That range of pitches – from the morning call to awaken with energy reverberating from a cadence of jolting magnitude; to the charging rampage of a galloping horse; to the sorrowful tears of life’s end represented by the draping of a flag upon the coffin; these, in their collective entirety, depict the spectrum of life:  Of youthful exuberance; to middle-aged hope and faith; to the black veil of a life well lived; the sound of the bugle encompasses all.

For Federal employees and U.S. Postal workers who find themselves in that twilight of life’s stages – somewhere beyond the youthful enthusiasm, but well before the illumination reflected by the funeral pyre – perhaps it is the sound of the bugle in the last stages of reveille, before the first note of Taps is emitted; and the medical condition has blanketed the tone, quality and loudness of the music of life, and a further stanza of a narrative interrupted must be composed.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is like the bugler’s call to order, and sometimes the sound of music must be heard at the end of a piece, and a pause must be endured, before the beginning of the next.  That is the challenge and the beauty of the bugle – an instrument for all stages in the pendulum of life’s musical quality.

Sincerely,

Robert R. McGill, Esquire