Tag Archives: workplace harassment in federal employment and long term stress recuperation leave

FERS Medical Retirement from OPM: Random Occurrences

Kant’s view is that the structures of order are imposed upon the objective world by human thought processes; thus, ultimately, the argument is that there are no such things as random occurrences, for everything is random, and therefore nothing is such.  For, if everything is X, then it is the same as saying that nothing is X, just as, If everything which is X is also Y, how can you distinguish between the two?

It is similar to David Hume’s contention concerning causality.  There is nothing in the world that tells us that the next time you hit a cueball and aim it at the 8-ball in a game of pool, that it won’t hit the target but fail to move it.  The fact that you have seen it done a hundred times before is no guarantee that it will happen the next time; for, what you saw the hundredth time gave you no new information than the first time you saw it.

Volume of incidents in identical form is no basis to argue that causality exists, if only because no “necessary nexus” is discovered whether you have witnessed something once, or a thousand times.  Yet, we crave stability and consistency; it is these random occurrences which trouble us, like a bad hair day which ruins and depletes our sense of confidence in the world we occupy.

Medical conditions have that effect upon people — that they are random occurrences which hit some, but not others.  It is when that happens when we believe the world to be unfair, and that the gods of fate somehow look with disfavor upon us.

For Federal employees and U.S. Postal workers who suffer from a medical condition which prevents you from performing one or more of the essential elements of your Federal or Postal job, the search for greater consistency and stability in your life may be to prepare, formulate and file an effective FERS Disability Retirement claim, through the U.S. Office of Personnel Management.

For, while the objective world around you may appear to be merely a series of random occurrences, it is the affirmative act of a human being which can impost some semblance of Kantian order upon an otherwise chaotic world.  Such an affirmative act begins, for the Federal or Postal employee, but contacting a FERS Disability Attorney who specializes in Federal Medical Retirement Law under FERS, to be filed with the U.S. Office of Personnel Management.

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.

 

FERS Medical Retirement: The Adversarial System

Commentators often note the proportional imbalance reflected by the number of lawyers in this country.  Is it s good thing?

One can argue (yes, the irony cannot be avoided, that we begin with an “argument” when discussing the “adversarial” system), of course, that the number of lawyers merely reflects the origin of Western Society — for, isn’t the foundation of Western Civilization based upon Greek Philosophy?  Specifically, isn’t the foundation of intellectual endeavors founded upon the “Socratic Method”, which is the precursor of legal argumentation?

The Adversarial System, at its core, is a dialectical methodology of attempting to arrive at “Truth” — or so it is supposedly intended.  In a vacuum, that is the context of the system; in truth (yes, that age-old irony, again), because there is involved human emotions, underlying subterfuges of intent, the pure “competitive” desire to sin, and the sheer motivation of simply wanting to defeat the other side — in the end, what the adversarial system lacks, in most instances, is the exact counterpoint and self-contradiction of the necessary context in order to make it work: Civility.

The Adversarial System, without the outer clothing of civility, merely becomes reduced to linguistic battle.  But that is the system which we are left with when — over decades and even centuries — the natural course of every and any legal system becomes barren with the coarseness of its skeletal foundations.

For Federal employees and U.S. Postal Service workers who need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, under FERS, don’t get fooled by the admonition that this is merely an “administrative process”, and that OPM is merely an “umpire” to make sure that you have met the statutory criteria for eligibility for Federal Disability Retirement.

To be sure — even umpires don’t just call “balls and strikes”, but get into heated arguments with the players and, similarly, OPM is just as much a part of the adversarial system as in any other legal process.

Contact a FERS Medical Retirement Lawyer, that is, a legal expert who specializes in Federal Disability Retirement Law, and make sure that you have acquired the necessary arsenal to win the battle in this adversarial system of preparing, formulating and filing an effective application for FERS Disability Retirement benefits through the U.S. Office of Personnel Management.

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.

 

OPM Disability Retirement Application: Beliefs

They have become overly magnified in this day and age of incessant contentiousness; but as to what they are, from whence they are derived, and why some are valid while others are inconsequential, remain somewhat of a mystery.  People believe in all sorts of things.  Moreover, in recent years, discretion and modesty seem to have been lost, and the art of expression is no longer a predicate to expressing them loudly and vociferously.

Is it important for people to possess beliefs?  Should they be based upon factual predicates?  Moreover, are some beliefs more valid than others? Should logic play a role in them, or is mere passion and extreme emotion enough to validate?

It is all well and good to hold insulated beliefs on social media, so long as the circularity of such beliefs need not be tested in the objective world.  Thus, if X believes in Y, and A believes in Y also, and it is never expressed outside of the context between the insulated linguistic exchanges between X and A, no harm comes about.  But if belief-Y is that “oncoming buses traveling at Z-miles per hour cannot harm you”, and either X or A goes out and tests such a belief in the objective, “real” world outside of social media — well, you know the real-world consequences which will result.

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, your belief in whether you can prepare and formulate an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, depends a great deal upon your factual knowledge of the laws governing Federal Disability Retirement.

Don’t take the chance that the legal knowledge which must be relied upon is enough to prepare a strong enough Federal Disability Retirement case. Instead, it might behoove you to contact a disability attorney who specializes in Federal Disability Law, thereby preventing a disastrous result, such as the belief that an oncoming bus going at 50 miles per hour is a harmless entity in the objective world.

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.

 

OPM Disability Retirement: Unique Circumstances

They arise when the isolation becomes all the more magnified; and they close upon you and make you believe that you are alone in the world.  Each circumstance, by definition, is a unique one: Unique because all previous such circumstances never involved you; unique because the time and place never encompassed you; unique because it has happened to you, as opposed to someone else.

When a medical condition is involved, you somehow know that others have also suffered from similarly illnesses, disabilities or diseases (unless it is the Corona Virus — which, again, is not so much “unique” as it is a different strain from other viruses which has infected the greater universe), and yet the isolation it imposes, the sense of “separateness” it necessitates, makes it profoundly unique.

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, just remember that —yes, your condition is unique; but that no, the process of filing for Federal Disability Retirement benefits under FERS is not unique to your particular circumstances; rather, it needs the guidance and advice of a Federal Disability Lawyer who is experienced in taking your unique circumstances and applying it to the complex administrative process of obtain a Federal Disability Retirement.

Consult with an attorney who specializes in Federal Disability Retirement Law, and begin to conform your unique circumstances to the particularity of Federal Disability Retirement Law that governs the unique circumstances and turns it into an ordinary annuity to protect your important future.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Denial: The Middle Stage

It is like those siblings who are “in between”; of caught in relevance and significance by being squeezed on the one side by the “giant first one”, and on the other side by an even greater presence; and, somehow, the middle stage is lost and forgotten.  Is that how life itself is viewed, as well?  Of being cooed and oohed over the baby-years, and then forgotten once the younger sister comes into the family; or of being cast aside by children in their teenage years, then suddenly realizing that time lost can never be regained, but recognizing that one’s parents now are too old to appreciate?

Is that why the “Middle Ages” are viewed as irrelevant, stuck between the “Ancient Era” of the great Roman and Greek periods, and then suddenly skipped over into the Renaissance and into modernity?

The “Middle Stage” is like the Middle Age years — of being present but quickly fading; of being there but barely noticed; of shying away and fearing the next stage because the one before was so full of energy and the disappointment of the failures of the previous stage is merely a foresight into the fearful expectations of the next.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition now prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the “Middle Stage” is called the “Reconsideration Stage” of the administrative process.

The Reconsideration Stage is the stage where the Federal or Postal Disability Retirement application has been denied at the Initial Stage, and it is the Stage before the Third Stage — an appeal to the U.S.Merit Systems Protection Board.  It is not a stage to be “overlooked” — as some inevitability of a further denial — but one which provides for an opportunity to enhance and add to one’s Federal Disability Retirement application by providing additional medical and other documentation in order to obtain an approval from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

If the applicant decided to forego consulting with an attorney at the Initial Stage of the Federal Disability Retirement process, then it is a good time to consider contacting an attorney at the “Middle Stage” — the Reconsideration Stage of the process — to discuss the next and crucial steps in order to correct any past mistakes and affirmatively assert the proper legal basis in meeting the preponderance of the evidence criteria in your quest to obtain Federal Disability Retirement benefits from OPM.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: Tone and tenor

In music as well as in grammar, the first word remains somewhat constant, in that it refers to the sound itself – how it sounds, the decibel level, the texture and coherence, etc.  Between the two, it is the tenor that alters, for in music, it refers to the male voice intermediate between the bass and the alto, while in grammar it is the content and substance of that which is said.

Thus, in either manner of usage, whether in music or in grammar, the combination of both is a bifurcated distinctiveness that goes to the duality of the following:  How it is being played or said, as opposed to what is being emitted or posited.  Both in verbal communication, as well as in written delineation and presentation, each are important.  In the former, one can often modulate the first upon the second, and even adapt the second in order to “soften” the first.

Thus, a person might say, “Go take a hike” in an angry, unforgiving manner, and the words spoken are consistent with the tone granted.  Or, one can say it in a joking, soft-spoken manner, and suddenly the tenor of the words take on an entirely new meaning – for, no longer do you actually mean the words themselves, as in “Please go away, I don’t like you and I don’t want to see you”; rather, stated in the second manner, it can simply be a cute retort, a friendly quip or a joking gesture.

In writing, however, one must be quite careful – for the tone of a sentence is encapsulated within the tenor of the written statement; the two, being entangled by the written mode of communicating, can easily be misinterpreted unless carefully crafted.  That is why texting, emailing and other written modes of delivery can be dangerous vehicles easily misunderstood and taken with offensive intent that otherwise was meant in a different manner.

The “tone” of a written sentence, paragraph or page must be intimately woven with the context of the “tenor” presented; and how the reader or recipient reads it, what internal “tone” is ascribed, can be misguiding.

For the Federal employee or U.S. Postal worker who must prepare 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, the tone and tenor of a Federal Disability Retirement packet is important to consider.

Will a somewhat “third-person, objective” persona be assumed?  Will the SF 3112A, the Applicant’s Statement of Disability, be presented in a cold, clinical manner, where the tone is set “as if” someone else is describing the personal issues of the medical conditions, as well as their effect upon the Federal or Postal employee’s capacity and ability to perform the essential elements of the Federal or Postal position, or will it be more likened to a weeping bundle of hysterical cries begging for approval, or even closer to an angry shout that deafens the ears of the U.S. Office of Personnel Management’s assigned “specialist”?

Tone and tenor need to be decided upon early on in preparing, formulating and filing an effective Federal Disability Retirement application, and it may well be that consulting with an attorney who specializes in preparing such applications will ensure the proper modulation in both the tone and tenor of an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: Life’s Joke

The funniest line in literature comes from Carl Sandburg’s “Potato Face Blind Man” stories, where he describes the reason for the wooden mug:  “There is a hole in the bottom of it.  The hole is as big as the bottom.  The nickel goes in and comes out again.  It is for the very poor people who wish to give me a nickel and yet get the nickel back.”

Satire has often been overly-discussed, and attempting to explain why a particular scene, line or story is amusing, is somewhat like trying to explain to a Martian why Bradbury’s chronicles fascinated the young:  it just is, and either you get it, or you don’t.  It is, perhaps, the incongruence between expectation and reality; of a projection of incommensurability that occurs when a portrayal doesn’t quite meet the anticipation of “should”.

In Sandburg’s description, two such anomalies occur:  First, that the figure who holds the mug does so with the expectation that passersby will drop a nickel out of a sense of pity; but second, and poignantly portrayed, that the tables are turned around by the one who allegedly is begging for the nickel, in that he recognizes the empathetic component that there are others who are poorer in the world who also want to give, but needs the nickel more than the beggar to whom it is given.  Thus, the hole on the bottom where the nickel given drops back for the giver, yet the act of giving has been consummated.

Of course, in modernity, perhaps such innocence of satiric portrayal is no longer thought to contain humor; that, as the ethics of inequality and financial disparity have given rise to resentment, and the inane concept of “fairness” today pervades the political spectrum throughout, the focus would be upon the fact of maliciously describing a person with a disability in terms which might betray mocking jest.  But that is clearly not what Sandburg meant by it; and, indeed, it was because he believed that his generation lacked children’s stories which taught lessons of virtue and behavioral uprightness, that he engaged the literary device of satire.

Life itself is difficult enough without undermining the joy of a joke recognized.  A funny line, a witty scene, a belly-laugh from a picture of incongruence; such moments allow for innocence and the lightness of being to prevail as an interlude to an otherwise dreary continuum of surviving in a world which shows but cold shoulders twisted and followed by phony smiles to cut the throats of back-turned bystanders.

Such experiences, of course, are not new to the Federal employee or U.S. Postal worker who suffers through the meanness of workplace hostility and harassment at the hands of supervisors and coworkers, merely because a medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of his or her positional duties.  Whether under FERS, CSRS or CSRS Offset, there comes a time when the Federal or Postal worker must decide to prepare an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, in order to escape the diatribes of the Federal agency or the U.S. Postal Service.

Carl Sandburg’s joke was of a time when true empathy was understood by all; unfortunately, in modernity, the nickel which was meant to be returned to the giving passerby, would today be snatched up by wolves in waiting, where the lambs who once roamed the hillside of life’s joke no longer gather upon the pastures of a forgotten innocence forever lost.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Superiority in light of misfortune

Why is it that we delight in the misfortune of others?  Is it a perversity of defective character, like a genetic malformation of deviancy magnified by exponential proportions within the essence of man?  Or, is it that, by comparative analysis and contrasting the parallel states of being, we can elevate our own estimation of worth by pointing to the relative denigration of our neighbor?

Certainly, we proffer the words of appropriate opprobrium; “I feel badly for X”; “I get no joy out of hearing that,” and similarly innocuous statements of hypocritical emptiness.  But we liken the principle of action/reaction, downward trend/upward spectrum, and similar opposites to reflect the superiority of our own circumstances.  “Here by the grace of…”  Is that why the “herd mentality” and the predatory instinct of running with a pack of wild dogs from whence it arises?

For Federal employees and U.S. Postal workers who suffer the indignation and daily harassment at the hands of agency coworkers, Managers, Supervisors, and those who were once considered “workplace associates”, and further fine-tuned and magnified in the hostile milieu of the Postal Service, the daily encounter with pure meanness and focused unpleasantries is experienced pervasively by the Federal and Postal employee who suffers from a medical condition, such that the medical condition begins to prevent the Federal and Postal employee from performing the essential elements of one’s positional duties.

Why, when the medical condition itself should empower one with greater empathy, a higher reception of closeness and affinity, does the very opposite phenomena take place?  The superiority of others in light of one’s misfortune speaks ill of the human essence.

That is why, in the end, 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 an important step to take for the Federal or Postal employee, precisely because it allows for a “new beginning“, a “step forward”, and all of the cliched foundations in order to escape the greatest delusional cliche of all:  Superiority in light of another’s misfortune, when in fact nothing has changed, either for the one who feels better, nor for the other who suffers, except that the perversity of man is merely reinforced with a deserved reputation for cruelty.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The idealist, the skeptic and the cynic

The idealist possesses the dreams of hope and promise; the skeptic, the singe of hurt enough to dampen the spirit; and the cynic, well, he is the grumpy old man who has seen it all, been battered about by the reality of experiential confrontations where tales make the sweat pour from salted wounds too hurtful for words to embrace.

Do they represent a tripartite spectrum of thoughts, feelings and motives, or merely unconnected differences demarcated by time, encounters and length of procrastinated envy?  Do we all begin with the zeal of idealism, pass through the comfort of skepticism, then end up bedridden in the cocoon of cynicism?  Does generational wisdom conveyed by the old to youth ever pause the bursting bubble of naive relish, where mistakes foreseen and palpably avoidable allow for the wounds of time to be delayed, such that skepticism never enters into the unwelcome gates of a soul’s purity?  Or, does destruction of the essence of a person necessarily result in a society where generational transfer of wisdom is scoffed at, and youth and its folly is celebrated merely because beauty is defined by age, sound judgment by pharmaceutical ingestion, and where mistakes made are linguistically altered by clever euphemisms which extinguish not the pain of experiential confrontation, but the narrative which meekly follows?

Whether as inevitable stages of growth and decay, or dots on a graph of spectral divergence, either and all are extremes which reflect the stage of life, experience and historical context which an individual has encountered.  For the Federal employee and the U.S. Postal worker whose calloused soul has already been deadened by time and degree of harassment, the additional burden of a medical condition which prevents the Federal or Postal employee from performing one, if not more than one, of the essential elements of the Federal or Postal job, the time may have come to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.  Whether under FERS, CSRS or CSRS Offset, once the Federal or Postal employee reaches the minimum years of eligibility criteria, the proof by a preponderance of the evidence must be shown.

For such a Federal or Postal employee, it matters not whether life has yet to dampen one’s idealism; nor that experiential harassment in the workplace has failed to turn one into a skeptic; or if cynicism has already prevailed, all the more reason to file for OPM Disability Retirement before the pain of the medical condition consumes to the extent that life’s despondency has already wrought.  In the end, filing for Federal Disability Retirement benefits through OPM is a necessity because of life’s encounters, and no man or woman can escape the scars of time, truth of weariness of soul, where the idealist lives on in the forgotten youth of our memories, the skeptic in the hardening callouses of our experience, and cynicism in the dying disregard of one’s mournful essence in losing the sensation of one’s inner being.

Sincerely,

Robert R. McGill, Esquire