Tag Archives: when rehabilitation of a disabling condition fails and the postal employee needs an attorney for postal medical retirement application

FERS Disability Law: From Sanity to Madness

How quickly does it appear to disintegrate; and, yet, upon closer reflection, evaluation and inspection — of the signs missed; the indicia ignored; the greater positivity of perspective misplaced.

On the microcosmic scale, the seemingly “happy” family — of the regular routine of school, work, activities and the busy schedule confined to the kitchen table’s calendar marked with fulfilling lives; and then, the “sudden” disintegration by infidelity, followed by accusations, signs missed, evidence ignored, of claims to underlying unhappiness and a world gone awry.

On a macro-scale — of dealing with a rogue nation; of lavishing with red carpets, acceptance into the greater “league of nations” and believing that by encouraging comfort and affluence, the core of authoritarianism will diminish.  Then — invasion, mayhem, cruelty and bestiality of warring stratagems; and we “suddenly” awaken to a universe where yesterday appeared sane and today became madness.

From sanity to madness can occur in an instant — from individual lives to geopolitical spheres.  But of the signs we missed, the indicators ignored.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the the medical condition prevents the Federal or Postal employee from performing one or more of the basic elements of one’s Federal or Postal job, the sanity of daily living can quickly become interrupted by the emergence of an injury or medical condition impacting one’s career, daily living, and general livelihood.

Sure, there were probably some indicators early on about the severity and chronic nature of the developing medical condition, but more importantly, it is of relevance to evaluate and assess in the immediacy of its impact upon your ability and capacity to perform the essential elements of your job.

Contact a Federal Disability Retirement Attorney to discuss the viability of preparing, formulating and filing an application for Federal Disability Retirement benefits under the Federal Employees Retirement System (FERS), through the U.S. Office of Personnel Management, before the quick-step marching band which plays to the silence of the crowd doesn’t turn the relative calm of sanity into a mad-dash of madness.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

Office of Personnel Management (OPM) Disability Retirement: The Idiot

Of course, it is the title to one of Dostoevsky’s lesser known works — or one which few have read.  The author, of course, is the great Russian novelist — who wrote long and arduous depictions of psychological compendiums that only a person of great patience can read.

It is assigned in some high schools; perhaps, still in some colleges; then, after exiting the world of academia, it is quickly forgotten.  It is like many books: claimed to have been read by many, but which are actually only glanced by a very few.

There are other books similar to it: Not in plot or character, but in the fact that few read them — Tolstoy’s works; Arno Schmidt’s, Bottom’s Dream; and others.  But of The Idiot — its central character is a man who is simple and good, but it is in his simplicity and goodness by which people question his intellectual intactness.

And there is a point to that, isn’t there?  We have become so tainted with cynicism that we equate moral virtue with cautionary ineptitude.

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 — be wary of approaching your agency, your postal manager, your Human Resource Office, or even the U.S. Office of Personnel Management, with an attitude of simplicity and goodness.  For, if you do, you may end up like the character in Dostoevsky’s work, The Idiot.

Instead, contact a Federal Disability Attorney who specializes in Federal Disability Retirement Law to help you maneuver through the bureaucratic morass of a Federal Disability Retirement application, lest you end up being characterized by that term in the truly pejorative sense of the word.

Sincerely,

Robert R. McGill, Lawyer

 

FERS Disability Retirement: The Inevitability of Change

It is a tautology; for, “inevitable” encapsulated and embraces the term “change”, and one presumes that, in applying and comprehending the word “change”, there is a sense of inevitability contained within it.

Thus do we assume certain truths which naturally follow: If you don’t like the weather, just wait a moment (for, the natural course of the universe dictates that the weather will change over time); if you are dissatisfied with your life today, ride it out (for as circumstances appear static for the moment, time will resolve many of the uncertainties faced today); and similar dictums of sagely advice.

What we are not told, however, is that which we have already accepted by experience:  That “change” is too often a negative component, and that is why we believe that things almost always change for the worse.  That is the byline for the pessimist, of course: That good things never last; everything changes for the worse.  The optimist, on the other hand, always tries to squeeze the good out of anything that worsens, and tries to see the glass as half full, instead of half empty.  Whether you are an optimist or a cynic, both accept that change is inevitable; the difference is merely in how one perceives the change.

Then, of course, there is the human element — of affirmative actions taken by an individual or a multitude of individuals in performing acts that contain or otherwise alter the course of change.

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, change is inevitable.  Whether by being placed on a “Performance Improvement Plan”, or the increasing harassment perpetrated by the Federal Agency or the Postal Service — or in the inevitability of a termination — the medical condition itself will normally and often dictate the need for change.

The “human element” is the action taken by the Federal or Postal employee in preparing, formulating and filing an effective Federal Disability Retirement application, where the affirmative intervention of actions taken may change the ultimate outcome of life’s trials.  Yes, the inevitability of change is a given; but how that change will come about and what outcome is to be determined will depend upon the Federal or Postal employee who recognizes both the inevitability and the need for change, but moreover, of how to go about initiating the process.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Elevation of the Ordinary

The ordinary is in contrast to the extraordinary; the extraordinary, to the penultimate superlative; and perhaps one may go on to greater heights of adjectives, but the one which cannot be surpassed is that of “perfection”.

Various perspectives depend upon the manner of how we approach life; on the one hand, the “ordinary” can be viewed as comfortable anonymity — of a self-satisfied status of neither shining beyond nor underwhelming those around, but a quiet competence which betrays a quietude of monotony, of sorts.

By distinctive differentiation, the “extraordinary” is separated from the former by way of elevated characteristics that point out some level of accolades beyond — somewhat like those brighter stars within the vast universe of a sky filled with billions and billions of twinkling lights (can you hear in the background the voice of Carl Sagan?).

For some reason, we scoff at the ordinary and encourage a stature of the extraordinary.  Perfection is out of our reach; the extraordinary, however, is somehow seen as achievable, and so we become life coaches for our children within the microcosmic universe of our own lives: You can become X; You can do better; You can be the best; You are a special individual — etc.

When does the ordinary become a goal in life?  When everything and everyone is “extraordinary”, doesn’t the extraordinary become the ordinary?  When the elevation of the ordinary becomes a commonplace occurrence, then nothingness becomes something and everything becomes conflated and indistinguishable.  Until — that which was once ordinary is lessened.

When a medical condition prevents the Federal or Postal employee from doing the ordinary — of one’s job; of enjoying the weekends; of being able to just take out the garbage without pain, etc.; then the elevation of the ordinary becomes a focus of want.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the ordinary is elevated to a goal of satisfaction, then it is time to prepare, formulate and file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Focusing upon one’s health is an ordinary matter for most people — we take our health for granted.  When our health fails, however, then it is time to view the elevation of the ordinary as a means of reaching for a time that once was, where Federal Disability Retirement benefits will allow for the extraordinary circumstances to return the Federal or Postal employee to the desired goal of elevation back to the ordinary.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Retirement: The flowers of spring

Poets describe them as metaphors for future hope; youth that still holds out for a time beyond, where life is full of unaccounted happiness and time yet to be spent without fear of regret; and for the old and dying, remembrances of a yearning that once stirred but are now waning for lack of vigor.

There are flowers in other seasons; and even when the winter months blow breaths of icicles that form with each quiet whisper, of the camellia that withers not nor wilts in the snow banks that whistle alarms of shuddering regrets; but of the flowers of spring we smile and walk aglow like so many elves reinvigorated by the accomplishments of having been Santa’s helpers in a workshop full of toys that brought delight.

The flowers of spring represent that glimmer of hope, no matter the station of one’s life, the stages that make passage through time inevitable towards that dark tunnel that pervades when sorrow weeps the midnight train that whistles through the cavernous calm of a trickling fade.  Must death always be the fate of Man when once hope was what the dream allowed?  Will the poet bring forth words of encouragement even when health deteriorates, madness screams and life seems but a faint murmur of a heart yet thumping for a yearning tomorrow?

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to endanger and threaten one’s career and the investments made for a future that once seemed so bright and certain, it may be that the choices presented are quite limited — like the flowers that can survive through winter’s discontent.

Federal Disability Retirement is an option that should be considered when the medical condition begins to prevent the performance of one or more of the essential elements of one’s Federal or Postal job, and consulting an experienced attorney to begin to map out a pathway out of the inconsolable chasms of winter and bring forth the flower of spring may be the first step in preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Possibilities to pursue

In one sense, it is nonsensical to ask the question:  “Is it possible to…?”  For, is there any limitation to the concept of the possible?  Isn’t it possible that there are Martians on Mars, but in a parallel universe unseen and concealed from the human eye?  Isn’t it possible that the room you leave disintegrates molecularly, then reconstitutes itself the moment you reenter?  Isn’t it possible that it will rain tomorrow, despite the national weather service predicting otherwise (this latter example is actually not too absurd, as it is a regular occurrence experienced by most)?

Does it alter the significance and qualitative relevance of the query if, instead, we exchange the word with “probable”?   Does probability by numerical quantification of possibility negate the extremes and unfettered boundaries of the possible?  Does a statistical analysis make a difference – say, if a “scientist” asserts that the chances of Martians existing on Mars in a parallel universe unseen is 1-in-1 Billion (as opposed to 1-in-999 million – i.e., are such statements and declarations really accurate at all?) – to the extent that it somehow replaces with credibility the conceptual construct of the possible?

It is all very doubtful, and beyond some cynicism of puzzlement and suspicion that such statistical assertions constitute a perfection of any reasonable methodological approach, the reality is that for the person who is struck by lightening while golfing on a sunny day, that 1-in-a-trillion chance is negated by the 100% probability that he or she was, in fact, in reality, struck by lightening, no matter what the statistical analysis declares.

In the end, probability analysis places some semblance of constraints upon the fenceless conceptual paradigm of possibilities, but it is the latter which compels man to attempt feats beyond the probable, and it is the former which places a reality check upon the limitless creativity of fools, madmen and eccentric geniuses throughout history.

For Federal employees and U.S. Postal workers who are considering the possibility of pursuing a Federal Disability Retirement application, whether the Federal employee or U.S. Postal Worker is under FERS, CSRS or CSRS Offset, the question often constraining is the probability consensus of “success” – and, yes, that is a consideration that the reality of a bureaucracy and administrative process should face and take into consideration.

In the end, the possibility of a successful filing can be enhanced by the probability factors that are required by law:  A methodological approach; a supportive doctor who is willing to provide a narrative connecting the dots between the medical condition and the essential elements of one’s positional duties; a systematic legal argumentation that provides a “road-map” for the Administrative Specialist at OPM; and an understanding that the possibilities to pursue can be qualitatively quantified by the probability of supportive documentation.  Go figure.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement Benefits for Disabled Employees: Discovering the natural teleology

It is for that function or use in society that we strive in our early years; while some may argue that the extrinsic relationship between career and one’s natural abilities make for an artificial coalescence of man-to-meaning, nevertheless, the adaptation to societal needs results in the correspondence between man’s inherent want and the contribution to a greater good.

But what happens when, later in life, the fusion of ability with societal need is abandoned?  What if work no longer can be performed, goals cannot be met, and wants cannot be fulfilled?  We are in a phase where we preach to our children that they should find a career in which natural talents are utilized, where inner satisfaction is achieved, and a sense of accomplishment is fulfilled.

A generation or so ago, we merely thanked society for offering a decent wage and a higher standard of living.  Then, something went awry — the gap between the worker and management became a wider chasm of discontent; magazines and video clips revealed the limitless narcissism of wealth and unfettered greed; and mediocrity of talentless actors revealed that even they, too, can achieve stardom despite lack of any appreciable achievement.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents one from performing the pathway of a chosen career with the Federal agency or the U.S. Postal Service, the separation from one’s work and position may take an unspoken toll — not just because of the medical condition, but further, as a result of losing the natural teleology the Federal or Postal worker had striven so strenuously to achieve.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or Postal worker is under FERS, CSRS or CSRS Offset, is never an easy road.

Others may believe that securing an annuity because of one’s inability to perform one or more of the essential elements of one’s Federal or Postal positional duties is tantamount to winning a lottery of sorts, but the reality is that most Federal or Postal employees who file for OPM Disability Retirement benefits, if given the choice, would forego the benefit if the medical condition would resolve itself and health would dictate the course of one’s future and fate, and not its corollary, of illness and a chronic medical condition.

Throughout youth, one always strove to discover the natural teleology for value and place in society; when that essence of human need is suddenly lost or severed, it is time to reignite that loss of self, and to prepare an effective Federal Disability Retirement application in order to enter into the next stage of life’s arena of meaning, value and worth.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: Peripheral Centrality

We often think that, by pushing the core importance of those matters out into the periphery, whether in our minds or in the practical application of daily living, by merely touching upon them we have attended to a relative extent in satisfaction for the time being.  Another way to put it is encompassed in the reference of kicking the proverbial can down the road into that distant and obscure future.

Centrality of necessities can only be pushed aside for so long; before you know it, they come back with a roar to crowd out those insignificant interests which are easier to focus upon, become pleasurable distractions, and tend to become magnified as representing greater significance and relevance than what their revealed status should deserve.

Distractions of daily living — perhaps a hobby, or following a sports team with greater exuberance than deserved; then, of course, there are the modes of virtual reality in modernity, of internet, video games and spawning friendships via Facebook, Twitter, etc.  At some point, however, the core of that which was pushed aside must come back and become the centrality of purpose it was always shouting out to be.

Pain, and the avoidance of pain, is somewhat akin to that.  For how long can a medical condition be disregarded, before the periphery to which we relegate it makes an end-run and becomes the central focus of one’s life?

For Federal employees and U.S. Postal workers who suffer from a medical condition, whether considering the impact of the medical condition upon one’s greater health and well-being has been ignored, pushed aside and relegated to the peripheral concerns of daily living — the centrality of its consequential residue must be considered at some point, and the remaining decisions about filing a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, must become the option to entertain.

Filing for Federal Disability Retirement benefits through OPM is never an easy decision to make, and thus do we relegate such considerations into the outer periphery of one’s thoughts — until that day when reality cannot be escaped, distractions can no longer be delayed, and the centrality of our lives must come first.

Preparing, formulating and filing for Federal Disability Retirement benefits through OPM is a major decision which cannot remain in the peripheral accoutrements of a life; at some point, it must become the peripheral centrality of one’s decision-making process if you are a Federal or Postal employee whose medical condition has begun to prevent you from performing one or more of the essential elements of your Federal or Postal positional duties.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Fishes, Streams, Rivers and Ponds

They are, in the end, interconnected; yet the conceptual distinctions allow for separateness, such that we can value each independently.  And much of the waterways which filter throughout the ecosystem remain invisible and underground, via caverns and unconfined aquifers; but that which we see with the naked eye, we assume to be the reality of the entirety of that which we hold to encompass the universe of our existence.

Thus does Berkeley’s doctrine simply contained in the phrase, “Esse est percipi” retain a kernel of truth, but forever vulnerable to ridicule if misunderstood in the context of linguistic philosophy.  What is perceived is, indeed, the universe of one’s contextual concerns; but we all recognize that objects exist outside of the perceptual periphery of our immediate perspective.

Thus do fishes, streams, rivers and ponds exist beyond our vision of direct perception; but even upon encountering them,  we recognize that the depth of each, the variety of living organisms, and the corridors of natural flowing underground worlds reach well beyond that which we see.  The complexity of human beings comprise an entity of a similar nature, such that depth, encounters and unknowable reaches could easily be conversed and replaced as fungible goods and translated words.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to become a problem at work, it is precisely this puzzle of being replaceable which often irks the ego.  Filing for Federal disability benefits from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often viewed as giving up or giving in; when, in fact, the truth of the matter is that it is a means of attending to the importance of one’s health and well-being.  But others in the agency and the U.S. Postal Service often view the potential Federal Disability Retiree as “that person” with a label and a superficial concoction of societal designation.

It is that limited encounter and confrontation which shows the lack of depth of certain people, while everyone wants others to know that, past the fishes, streams, rivers and ponds which one may see upon meeting the Federal or Postal employee suffering from a medical condition, such that the health condition prevents one from performing one or more of the essential elements of one’s job, there is extenuating further, a vast depth of subterranean interest and an ocean of personality which others never cared to inquire about, and of which no one may ever know once the door closes and the quietude of life continues beyond.

Sincerely,

Robert R. McGill, Esquire