Federal Employee Disability Information: The shaken confidence

Tree limbs can be shaken; hands can shake, evidencing some agreement or initial salutation of a wordless sort, or even accompanied by some utterances; and the earth can shake as the subterranean tectonic shifts invisible and otherwise unnoticed, which then can result in tsunamis and other natural disasters.

The shaken confidence can take many forms; and the forms themselves cannot so easily be identified.  It presumes, first of all, that there was “confidence” to begin with, lest that which is shaken could not possibly have occurred unless it preexisted the loss of it.  Yet, too often, the evidence of its very existence is merely the lack of any contrary characteristic — i.e., a negation that fails to manifest existence and thus cannot actually be proven.  Of a person who walks about without any noticeable trace of lack — do we say of him or her, “He has confidence’?  Or is it just the one who has an overabundance of it, who struts around like a proud peacock or a rooster who takes no guff of whom we attribute “overconfidence’?

In normal discourse we just assume that, unless there are indications to the contrary, everyone who stands and walks amidst and among us possess some level of “confidence” or, in more particularized form, of “self-confidence”.  What are the events or issues that “shake” it, and what can an attribution of such an event mean?  Perhaps it is triggered by some tragic source — a trauma of a very personal nature, of death or an accident, perhaps; or can it be by mere utterance of words, of a berating boss or an insensitive spouse?  Or, how about a realization that one’s presumed immortality is simply not so?

None of us believe in immortality — at least, not in the sense that we will live forever walking about this earth.  Yet, until an event “reminds” us of our mortality, we take it for granted that life goes on as the day before, and the day before that; and so the concept of immortality resides by avoidance or ignorance, until something “reminds” us that, indeed, mortality is the nature of life, and flesh is by each instance and in incremental subtlety progressively deteriorating within the microscopic cells of slow degeneration.  And of a medical condition — can it be the source of the shaken confidence?

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 — the shaken confidence resulting from the progressively deteriorating medical condition is just as real as the earth that trembles and groans from tectonic shifts that moves and crumbles the structural integrity of high engineering feats.

Federal Disability Retirement is often not a choice made in confidence, but from a lack thereof; for, a medical condition cannot be viewed within a vacuum of a mere diagnosis that can be surgically extracted; rather, a medical condition is a sequence of aggregated tragedies — of the medical condition itself; the symptoms which result; the impact upon one’s personal and professional life; of the effect upon family and friends; of the triggers upon one’s psyche as well as the physical pain and mental anguish experienced.

In short, the shaken confidence of the one who used to walk about the earth as if you owned it, and preparing, formulating and filing 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 simply the first step in regaining that “shaken confidence” that was once a day before in a time now long forgotten presumed to have always been there.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Claims: The chasm between illness and time

Illness creates the need for time and forces time to stand still for treatment, recuperation, attending, and resting.  Time is the commodity we no longer have in modernity, where the busy-ness of life’s travails just to survive forces everyone to walk about in a daze of exhaustion and thoughtless fatigue for fear of failure in this driven society.

The chasm between illness and time is that blur of life that happens so quickly that any notion of enjoying, of pausing, of that proverbial “stopping to smell the roses” is quickly dispensed with, thrown out the window along with the baby and the bathwater.  There is no chasm, no space, no time between time, and that chasm between illness and time develops only because we are forced to create it – by waiting for the doctor, waiting for the diagnosis, waiting upon the prognosis, waiting for the treatment to take effect, waiting for the medication to kick in; waiting, and allowing for the development between illness and time.

Time, according to Augustine, is the anticipation between memories held and events thought to occur based upon present circumstances beheld.  Physicists and Astronomers would differ, and would instead refer to moving objects and spatial divides that account for past memories, future movements and the sense of eternity in between.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition necessitates considering 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, the chasm between illness and time is better marked by anticipating what the Agency or the Postal Service will do (rather predictable, given their negative track record on how they treat employees in general), determining the future of staying put in a job where one is no longer able to perform one or more of the essential elements of the Federal or Postal position; and, based upon the medical condition itself, to weigh that against the lengthy process of getting a Federal Disability Retirement approved at the U.S. Office of Personnel Management.

There is a chasm between illness and time, but the best time spent is in preparing for the future, and perhaps consulting with an attorney who specializes in practicing Federal Disability Retirement law.  Just a thought to pass the time away.

Sincerely,

Robert R. McGill, Esquire

 

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

 

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

 

FERS & CSRS Disability Retirement: Of words and deeds

Does a personal pronoun necessarily attach itself to a deed?  If an opinion is expressed as a formal, generic pronoun, and not in the first person, nominative case, is it still the declaration of the author?  If, following upon the words written or spoken, the individual expressing the viewpoint follows it up with a deed or act, does the one follow from the other?  Is there a causal connection between the two?  Does it matter who says the utterance, as opposed to the content of the pronouncement?

Take the following hypothetical:  say a known liar — one who has been convicted of perjury and has a widespread reputation for spreading falsehoods, gives a speech about the importance of telling the truth, and the content, substance and every which manner of what he says cannot be disputed — do we say we “believe him”, or merely the speech given?

Take the same example, but exchange the individual for a saintly person whom everyone agrees is incapable of lying — but in the course of giving his expressed remarks on the subject at hand, misspeaks.  Does the “lying” suddenly attach itself to the individual, and does the misdeed forever mark the reputation of he who speaks with a badge of dishonor, like unwanted barnacles upon the underside of a boat?

The test of sincerity following upon words, is not more words, but an act which validates the declarative utterance spoken.  It is precisely because of the chasm which exists between words and deeds, that the necessary connection (that elusive element which Hume so brilliantly batted away in destroying the certainty of causation) which brings the two together must be in the retroactive affirmation of the latter to the former; otherwise, hypocrisy would abound (as it does) and words would remain meaningless (as they are).

For Federal employees and U.S. Postal workers who intend to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, the added burden of the medical condition itself allows for procrastination to extend the widening chasm between words, intentions and deeds.  Life is a daily struggle where the complexities inure to the aggregation of confusion in prioritizing.  That which is important, may not seem so today, when the stark realities which impact and impede in the immediacy of time can turn theory into distant conjugations, left within the turmoil of thoughts and silent words unspoken.

Filing for Federal Disability Retirement benefits through OPM requires an affirmative act following upon an intention growing within an expanse of needs. Thus, of words and deeds — the former merely initiates the latter, but may never attach itself unless the actual steps are taken in the preparation of an effective OPM Disability Retirement application, remaining hidden and obscured by the quietude of thoughts and the hidden screams of pain.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Lawyer: The Disadvantage of the I-Thou Perspective

People tend to expect the best results; and when a Federal or Postal employee files for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the applicant who is unrepresented and prepares, formulates and files the Federal Disability Retirement packet on his or her own believes that an approval is forthcoming at the First Stage of the Process.  Yet, often unaware and unbeknownst to the Federal or Postal applicant, the lack of separation between the I-Thou construct fails to provide a proper perspective of objectivity.

Allow me to expand and explain:  As the Federal or Postal employee who experiences the medical condition (the “I”) is the same person who prepares, formulates and files the Medical Retirement application (the “thou” from the perspective of the U.S. Office of Personnel Management), any sense of objectivity is often lost because the I and the Thou are one and the same person, and the Federal or Postal employee who experiences the medical condition is simultaneously the same one who is seeking an approval of the OPM Disability Retirement application.

Of course, that same scenario is repeated even if the application is filed through a Federal Disability lawyer (in the sense that the Federal or Postal employee still seeks to obtain an approval from OPM) with one major exception:  there is another “thou” perspective included and involved — that of the Federal lawyer representing the Federal or Postal employee who is seeking to have a Federal Disability Retirement application approved.

Objectivity is a crucial component of a Federal Disability Retirement application; that is why so many “silly” mistakes are injuriously embraced without self-knowledge or with disengaged awareness.  It is like the cook who loved the taste of arsenic, and thought that everyone else should as well; and so he sprinkled the deadly poison onto his own food and enjoyed the taste of his own creation, only to slowly die from the feed of his own foolishness.

There are many “kinds” in the arena of foolish endeavors:  There is the “quantitative approach” (“I sent them thousands of pages of treatment records”) which fails to ask the question, Who will read it all?  There is the “trusting soul”:  “I just signed a release and had them send it all directly to my Human Resource Office”.  Then, there is the person of naive disbelief:  “How could they not approve it with the medical conditions I suffer from?”

The problem with all of these is the lack of objective perspective; the I-Thou connection is now given the distance, separateness and objectivity necessary to determine the viability and effectiveness of each and every piece of the puzzle needed to put together a proper Federal Disability Retirement application.  Are there ever any guarantees in life?  No.  Can a lawyer who specializes in Federal Disability Retirement laws make a difference?  Yes.

Fortunately, unlike the metaphor arising from the cook and the salsa of arsenic, there are multiple stages within the administrative process of pursuing Federal Disability Retirement benefits through OPM, and a denial at the First Stage of the bureaucratic pathway is not irreversible, and does not result in the inertia of life rendered by ingestion of substances otherwise tasty but harmful.

Sincerely,

Robert R. McGill, Esquire