Tag Archives: virginia civilian employee searching for information on medical retirement from the us office of personnel management

Attorney Representation Federal Disability Retirement: The running of days

How does it happen?  Where did it all go?

One day, you are a young man or woman, full of promises and hopes, dreams that defy any limitation or restriction of potentiality yet to be unleashed; and the next, an old man or woman, rocking back and forth, awaiting the grim reaper with its scythe and faceless chasm of darkness and despair.  In between, of course, there is a memory – of a blur, a constant rush from this activity to that, of emergencies, turmoil and tumults, of the proverbial peaks and valleys; in short, it is called “living life”.

It is the running of days, one upon the other, one mixed into the two, then weeks, months and years, and finally decades that turn into a half-century.  Was it all worth it?  Did we stop and perform that salient act that became so popular during the 60s – of stopping to “smell the roses”?  And if we did not, what wisdom was gleaned from the lack thereof, the absence of pause, the semicolon of interludes?

Or, did we follow upon the admonishment stated in that 1974 folk song by Harry Chapin, “Cat’s in the Cradle”, where all we did was to teach our kids to be “just like me” and roam the universe in search of meaningless trope and allowing for the running of days to overtake us?

Or is it simply that our memories fail to serve us, and there were many days and some months where enjoyment, relationships and meaningful engagements were in fact embraced, but that the living of life often erases, smears and obscures such that our recollection is so cluttered with valuable connections and so consumed with overflowing “moments” that we just cannot even contain them anymore?

The running of days is ultimately just a metaphor, like running water and leaks that just keep on; but it is one that sometimes needs fixing, and it is the repair work that often cannot be performed within a lifetime of such disrepair.  Regrets hit us all, but the greatest one that never seems to close the wounds of time is that one where time was wasted upon frivolous acts of unrepentant entanglements.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the other proverbial saying is that one which refers to “spinning one’s wheels”, and yet knowing that no good will come out of staying put.

Preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may be the only solution left to a career that has come to a standstill.

Medical conditions tend to trigger a running of days – where the chronic pain or the illness extended seems to make no difference or distinction whether it’s a weekday or a weekend, and the only way out of such a mirage of misgivings is to “move on”; and as filing an OPM Disability Retirement is often the best and only option that can accomplish that, given the timeframe that it now takes to get an approval at any stage of the bureaucratic process, it is probably a good idea to file sooner than later in order to get ahead of the running of days.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The tentative step

This is a tough and dangerous world.  No longer a Hobbesian State of Nature nor of War, the Social Contract as envisioned by Locke or Rousseau provides some nominal protection, and thus do we identify ourselves as “civilized” entities in yet a dystopian universe where a greater majority of the rest of the world acts with unconcerned insanity by engaging in senseless wars of mass killings and genocidal encounters.  In such a world, we thoughtlessly bring newborns who must contend with an uncertain future, fraught with challenges unasked for and conflicts yet to be encountered.

Those tentative first steps of a toddler – how we watch with awe and observe with wonderment.  Why is that?  Why is the transition from ambulating as most other mammals do on four legs, to engaging an awkwardly wobble as a bipedal hominid, of such significance?  Is it because it marks the steps of initiation into the club of “civilized” society – that to stand upright and walk with our two feet, as opposed to the addition of the other two appendages, signifies the next stage of growth and maturity?  Yet, that tentative step reveals all, doesn’t it?

It marks the magnification of uncertainty for the future; it reveals the imperfection of the human animal; and it manifests the symbol of insecurity by deliverance of a vulnerable entity thrown into a pit of vipers and hyenas.  We do this to ourselves, and to the ones we say we love.  And as the toddler grows up, through further steps of initiations into a cruel world, how that tentative step cements and molds itself into a characterization of so much of life’s violent encounters.  Whether remembered or not, those nascent steps of uncertainty carry along with us like Pilgrim’s burdensome backpack, weighing upon us at different and varying stages of our lives.

For Federal employees and U.S. Postal workers who find that a medical condition reenacts those tentative steps taken as a toddler, one becomes reminded that we came into this world uninvited, presented without a guide as to how to go about living life, and suddenly find yourself with a challenge:  No longer able to perform all of the essential elements of your job, your choices are to stay and endure the pain; leave, resign and walk away without anything you worked so hard to attain; or file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset.

And, like the toddler taking those first tentative steps, this is a new endeavor, a next phase, but probably without those doting parents cheering you on.  As a result, you may need to consult a lawyer who specializes in Federal Disability Retirement law, if only to steady those two feet as you jump forward into an uncertain future by submitting a Federal Disability Retirement application to the OPM.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: Under the clump of olive trees

There are certain phrases that turn one’s attention, and daydreams of exotic lands and foreign places become projected onto one’s imagination, like camels, Arabian nights and sand dunes in faraway corners.  But, then, reality imposes itself; such places probably exist a few miles hence; those distant lands are now war-torn and deemed by the State Department to be forbidden avenues for sightseers and tourists in cut-off shorts and Hawaiian Shirts (did you know that the latter are apparently “back in style” – as if they ever were?), with warnings and cautionary predictions where officialdom has already evacuated the premises.

The soft snore from a picturesque scene:  the shepherd with a crooked walking stick, the flock grazing in the near distance; a straw hat edged slightly over the forehead, an arm lazily twisted behind as a pillow against the rocky surface; under the cluster of the olive trees, where a partial shadow allows for the coolness in the heat of midday slumber.  Or, what of a child’s delight in fairytales and picture-books, of Arabian nights with camels chewing silently while tents alight with shadows from within reveal the soft mutterings of foreign tongues, yearning for the delectable offerings sizzling atop the burning fires glowing in the star-filled twilight of the vast ocean of sand dunes and shadows.

Of course, those days of yonder years are now gone forever.  There are no scenes of picturesque quietude; in modernity, every corner of the earth has already been visited; the Himalayan monk sits with earphones and scans the images of Facebook and the world he abandoned for prayer, meditation and enlightenment; and that herd of camels has now been replaced by hooded terrorists lurking to kidnap and maim.  Yet, we all retain and preserve those images of quietude and peaceful reserve; in an insane world, a virtual universe of sanity is necessary, even if non-existence must be acknowledged and admitted to.

For each of us, perhaps it constitutes a minor variation:  becoming lost in a sports league; watching movies in regularity of escaping; a hobby in the cavern of one’s garage; physical labor or forlorn love with strangers; this is a society which requires distraction.  Or, as Heidegger puts it, varying projects in order to avoid the ultimate encounter with Nothingness.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition creates a working hell at work, what comprises the image of resting under a clump of olive trees?  Certainly, not the daily grind and antagonism experienced by supervisors, managers and coworkers who disallow any meaningful contribution because of the limitations imposed by the medical condition itself; and, certainly not the enduring of pain and anguish implemented by the constant fight against the illness.

Filing for Federal Disability Retirement benefits is a pathway, for many Federal and Postal employees, to a state where one can attend to, and focus upon, caring for one’s self.  OPM Disability Retirement is a benefit which is part of the employment package for all Federal and Postal employees, and utilization of it requires a proper formulating, preparation and filing through the U.S. Office of Personnel Management, in order to prove one’s entitlement to it.  It is a “means” to an “end”; and the means provide for a pathway outside of the daily pain and suffering which defines one’s life; the “end” is that virtual image we all strive for – to lay one’s head upon a comforting pasture under the clump of olive trees.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The Redshirt

In athletic parlance, it refers to an individual and a status, allowing for a fifth year of eligibility when the rules mandate a restriction to a four-year period.  The word itself is quite malleable, and reflects well the technicality involved in avoiding the direct letter of the language.  Being a redshirt (noun), a redshirt freshman (adjective) or redshirted in his first year (verb) reveals to us the capacity of language to jump like grammatical forms of hopscotching that amazes and intrigues; and the cautionary prelude to a wink-and-a-nod is prefaced with, “You are being too literal”.

It only proves the point, doesn’t it — of the age-old adage that rules are created with the intent of being broken; or, at least bent in order to fit?  For, once such rules were imposed in order to allow for “fairness” in collegiate sports, the “legal technicians” (i.e., lawyers) went immediately to work upon coming up with novel interpretations, strategies for avoidance, and advice to extend beyond what the limitations allowed.

“Redshirting” was one of the devised methodologies – of allowing for everything up to the critical line of demarcation:  that of playing in a game itself.  Thus, the redshirt can practice with the team throughout that entire year of eligibility, but such actions do not count; the redshirted freshman can attend classes, be a full-fledged partner in the “college life”, and yet his participation is not marked against him or her; and to be redshirted in that year of eligibility allows for growth, maturity, advancement in development – all without “using up” a year of eligibility by being sacked a hundred times during the season and becoming a shattered soul devoid of self-confidence and losing assurance of one’s talents and skills.

It is, within the athletic community of college consortiums, a brilliant strategy to deftly avoid the burden of rules; for the greater society, it reflects the essence of what is wrong, precisely because it is a deliberate attempt to avoid the literal language of the rules.  Yet, that is true of almost everything in life, is it not?

Careful study; identifying the loopholes; then initiating the strategy to maneuver around landmines and obstacles.  Is it any different than a hunting party tracking a prey, sniffing out the signs of predatory confirmation and taking in information and adapting accordingly?  Rules, regulations and laws may well be designed, initially, at least, to address a specific problem; and, out of the cauldron of an enacted statutes, comes multiple other problems and issues because of the malleability of words and imprecise linguistic pauses.

Preparing an effective Federal Disability Retirement application is no different.  It is a necessary prerequisite to identify the legal language of eligibility; define the issues; identify whether or not the Federal or Postal employee considering such an option “fits into” the legal criteria circumscribed; then to proceed to “redshirt” one’s own situation and devise a methodology for eligibility.

Compiling the evidence, formulating the proper narrative, and presenting an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, can thus be likened to the redshirting of a freshman – in order to extend one’s life beyond the debilitating medical conditions otherwise shortening the career of a promising Federal or Postal employee.

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
OPM Disability Retirement Attorney

 

OPM Medical Retirement: Enthusiasm of Life

There are those we sometimes meet in life where the infectiousness of enthusiasm cannot be avoided.  Whether such active energy can be truly sustained, to what extent, and for how long; and, whether such enthusiasm is matched within the essence of the being behind the veil of smiles and outward appearances, only the heart and soul knows in the privacy of one’s chambers.  Whether an artifice for show and appearances, or a true bundle of vitality, the reality of such people and their existence is besides the point; rather, the real issue to consider is the contrasting starkness which is revealed when encountering such people.

Most of us walk through life with limited energy, complaining of life’s inequities, and performing tasks with minimal effort.  The automaton is merely a person once removed from the daily monotony of life.  Then, when a medical condition hits the person, all of the fears and predictions of gloom merely become reinforced and proven beyond a doubt.  Thereafter, the logical sequence of events often occurs, and the “piling on” follows, where family, acquaintances, supervisors and coworkers known or otherwise forgotten begin to avoid and shy away from further contact.  The “disease of failure”, or that which lacks the look or scent of success, begins to pervade.  People are funny beings; they treat the maladies of others as if it can be caught like a viral epidemic.

Medical conditions prevailing upon Federal employees and U.S. Postal workers can have a similar effect and impact:  suddenly, the pandemic of avoidance and negative perspectives pervades all sides:  the Federal or Postal employee is no longer treated with respect by Supervisors, co-workers and the agency (the cynic, of course, would question whether such respectful treatment ever occurred in the first place), and proposed administrative sanctions and actions follow not too far behind.

Federal Disability Retirement benefits, filed through one’s agency if the Federal or Postal worker is still with the agency (or has been separated from Federal Service or the U.S. Postal Service, but not for more than 31 days), and ultimately through the U.S. Office of Personnel Management, is a step in the direction of regaining and reasserting one’s enthusiasm of, and for, that which life offers.  Staying in an environment where one is shunned and unwanted, will only exponentially magnify the stamping out and extinguishment of the afterglow of human endeavor.

Life is often short and stunningly cruel; and when a medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s positional duties, consideration needs to be given to filing for Federal Disability Retirement benefits, if only to escape the hostile work environment which further exacerbates the medical conditions from which one suffers.

The enthusiasm of life is not merely a viral cavity gnawing at the annoying person we encounter here and there; it is the essence of who we are in our natural state of being, but shaken and turned out of us by the incremental and subtle weight of burdens gained over time and troubled waters.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Value & Worth

The two are often intertwined; what is of value is considered something of worth, and that which has an ascribed worth, is viewed as a thing of value.  If an objective, marketplace standard is applied, then the value of X may be disconnected from the worth of X; for, while X may retain little or no monetary value, the worth of the object to an individual may still endure (for sentimental reasons, emotional attachment, etc.).

Where human beings are considered, however, exceptions as to the inextricable conceptual intermingling of value and worth must prevail; but there again, the value of a person’s services in a specific industry may have an objective criteria upon which to base one’s worth.  Damaged goods devalue the marketplace price of commodities, and a similar ascription of worthiness is often viewed when an individual becomes less productive in the workplace.

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 job, this very concept of marketplace devaluation is both familiar and starkly personal.  Whether an objective value of marketplace worth can truly be ascertained when describing human contribution, is a debate for ivory-tower pundits of a philosophical bent; in the real world of workplace harassment, supervisors who are egomaniacs and self-centered forces of disruption, and where fiefdoms of power stations are mere playgrounds for toying with the weak, the issue of what to do when one’s level of productivity becomes clearly manifested as a result of a medical condition, is one which must be approached with a pragmatism of limited choices.

Federal Disability Retirement is an option available for all Federal and Postal employees who have a minimum of 18 months of Federal Service under FERS (and 5 years under CSRS), and allows for the Federal and Postal employee to retain one’s health insurance and leave the Federal workforce with an annuity for one’s future security.  Federal Disability Retirement benefits are obtained by filing a Federal Disability Retirement application through the U.S. Office of Personnel Management, and must meet the preponderance of the evidence test.

Whether value and worth are conceptual constructs which have distinctive meanings may merely be of academic interest; but it is always the case that the value and worth of one’s future security is an interest of pragmatic significance to all U.S. Government employees and Postal workers, and which must be fought for in order to secure a sure footing in this world of uncaring inhumanity.

Sincerely

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: Dawn’s Transition

In the calm of morning darkness, when the stillness of winter whispers a hushed tone of quietude just before the first break of dawn, one’s perspective falls askew amidst the shadows and desolation of winter.  Is that a rock or a dead bird, frozen in the stillness of winter’s despair?  Was the movement behind the trees a reflection, or just the first faintness of dawn’s exposure?  Perspectives are funny glazes; a once familiar landscape can be frighteningly unfamiliar within the dark chasms of one’s own mind.

Then, almost imperceptibly, the light of dawn begins to pervade, and that which once appeared strange and foreboding, takes on the familiarity of known objects, recognizable forms, and identifiable shapes.  We live by light, and light is the friend of our fanciful imaginations gone awry by fear and loathing.

Medical conditions have a similar subtlety, much like the light of dawn:  they slowly creep upon one, until the debilitating impact is revealed when just a moment before, the fear of darkness was overwhelming.  But just as the morning glow of the rising sun will bring warmth and a promise of openness, so the hope underlying any conflict in life must be placed within a context of future castings.  Hope is for the future, as light is a diminishment of a present or past darkness.

For Federal employees and U.S. Postal workers who suffer from a medical condition,  present circumstances are often like the overwhelming and foreboding sense of morning darkness before the dawn of the rising sun; it portends yet of a future unknown, and a fate yet to be decided.  That is why it is important to “let go” of those things of which one has no control, and concurrently, to affirmatively take steps towards the familiarity of that which is known.

Federal Disability Retirement benefits, filed through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is a “known” quantity.  Yes, it is a difficult administrative process and procedure to engage; yes, it is a bureaucratic morass of unquantifiable proportions; but it is a necessary step for those Federal or Postal employees who find themselves with a medical condition which begins to prevent the Federal or Postal employee from continuing in the positional slot of one’s Federal or Postal job.

As the allegory in Plato’s Republic tells the story of the enslaved shadows struggling in the darkness of the Cave, so the Federal or Postal employee who looks up at the opening beyond, to the light of dawn, must surely recognize that the fear and loathing felt in the shadows wavering in that moment before dawn’s glory, is but a temporary point in fate’s cradle, just before the brightness of one’s future is revealed in a time and place yet to be destined for the glory of summer.

Sincerely,

Robert R. McGill, Esquire

Retiring from Federal Service with OPM Disability Retirement: Happy Puppy

Overused words lose their intended efficacy.  Perhaps the point of decay came about when the (unnamed) fast-food company decided to combine the word with the term, “meal”, and thereafter kids, grandkids and celebrity popularization effectively killed the last semblance of meaning.  But when watching the exuberance exhibited by a puppy, where commonplace activities are engaged in with reactive and unbounded energy, it is appropriate and meaningful to compound the two, and ascribe the descriptively emotive, “happy puppy“.

Whether it is the latter term which enlivens the former, or vice versa, is a question of inference; for, with the loss of meaning generally of the former, but with a retained appreciation that the latter is always inextricably bundled with ecstatic joy and delicious laughter; sometimes, by mere inference and inseparable conceptual coalescence of words, the singular vacuity of a word can be reinvigorated.  It also is often ascribed in anthropomorphic terms, as well as its opposite:  men and women are described as “happy puppies” or “sad puppies”, and the accompanying imagery is one of circumstantial delightfulness or despondency.

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 Federal or Postal job, if the elusive concept of “happiness” has been replaced with the daily toil of anguish and turmoil of angst, it is perhaps time to consider filing for Federal OPM Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset.

When once the Federal or Postal employee was described as “one happy puppy”, but now avoidance and treatment as the winds of a plague have brushed upon the workplace each time the Federal or Postal employee enters the premises, and whispers of the arrival of that “sad puppy” abound like a pervasive brushfire of vituperative verbal assault; then, it is time to prepare, formulate and file for Disability Retirement benefits through OPM.

For, when the reality of a circumstance overshadows the conceptual force of words, then it becomes an opportunity for the sad puppy to seek the higher grounds of greater joy, and to wag its proverbial tail into the sunset of a happy life.

Sincerely,

Robert R. McGill, Esquire