Tag Archives: works comp postal workers unable to make it back

Federal Disability Retirement under FERS: Spectator Sports

Psychologists and commentators in general have had a field day (yes, the bad pun is intentional — but who can avoid it?) with analyzing and providing “expert” opinions on the matter, which essentially plays with (yes, yes, another bad pun) the following question: Why are people so enamored by watching others play a game?  What is it about the concept of spectator sports that draws such a crow?  What is it about being part of a “team” that results in people acting in such bizarre ways?

It is, of course, an easy transition to other areas of one’s life — from spectator sports to the political rally; of parades and cheering crows; of legions of a cheering populace gathered to welcome the Roman troops returning from battle; of D-Day and V-J Day; of the stadiums filled for the World Cup in Soccer to the excesses of the Super Bowl; of March Madness and the tradition of Friday Football (High Schools), Saturday Football (Colleges) and Sunday Pro football games; and what the Covid-19 Pandemic reflected when everyone was shut in, but with curtailed capacity to view such spectator sports.

What does it reveal about us?  Had the Romans, with their vast coliseums, already figured out the human psychology — of the need for spectator sports — in order to satisfy the blood-thirsty need of a restless populace?

For Federal employees and U.S. Postal workers who are needing to filing for Federal Disability Retirement benefits under FERS, hiring a disability attorney who specializes in Federal Medical Retirement Law is often approached as one does a spectator sport: Who has the highest winning percentage?  What Law Firm will treat me as a “team member”?  And, the flip side is also true, concerning the perspective of the Agency: “How will my ‘team’ (the Agency) treat me?” “How will my team react?

Whether fortunate or unfortunate, the psychology of spectator sports is how everyone views things, but for the Federal or Postal employee who is ready to contact a FERS Disability Lawyer to initiate the process of OPM Disability Retirement, understand that trying to get an Federal Disability Retirement is ultimately not a spectator sport; for, it is the reality of a life endeavor, and your full participation will be needed on the “field” of the early retirement process.

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.

 

Medical Retirement for FERS Employees: The Person You are Not

We are, of course, both the person of whom we present, as well as the person we are not — not known as; not publicly announced; not revealed.  Much of the private life of those we publicly admire or hold up on pedestals turn out to be ugly and better left alone.  Things which have been hidden and concealed are done often for good reasons: the light of public display is not where the creepy-crawlies of one’s life should be.

The old adage is normally true: If you want to admire a public figure, don’t go looking under the rocks and closets, lest what is revealed might dampen your enthusiasm of admiration.  Yet, for the ordinary person, the person you are not is merely that part of you which not too many are familiar with, but which reveals the greater essence — of hobbies unknown; of kind acts not publicly shared; of a remarkable past undiscovered, etc.  We are never the person “just” as we appear.

That is why, for Federal and Postal employees 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 tawdry and uncaring attitude of one’s Federal agency or Postal unit when a person needs to file for OPM Disability Retirement benefits under FERS is often quite hurtful.

For, to be relegated as merely that person who wants to get a “benefit” while ignoring the lifetime of dedication to work and trying to do the best one can while struggling with a medical condition is to view the person in a one-dimensional way.  OPM has a tendency to do that — of treating you as the person you are not, especially when they deny you and characterize your application in a way that should not be.

Contact an OPM Lawyer who specializes in FERS Disability Retirement Law and begin the process of getting your retirement benefits approved so that you can go on your way to being the person you are, and not the person you are not.

Sincerely,

Robert R. McGill, Lawyer 
OPM Disability Retirement Lawyer

    

OPM Medical Retirement for Federal Government Employees: Avoidance

It is a common tool of the psyche and ego; by engaging in it, one skirts around an issue, and like its cousin, procrastination, it allows for a period of calm respite.  Avoidance is a form of procrastination; both allow for the subject of their common focus to fester, to grow, to loom large in the background without attending to its causes.

Say you are standing in your bedroom; it is raining; there is a patch of discoloration in the ceiling.  You wonder if the roof is leaking.  You pass it off as bad eyesight, or some other reason, and turn away, avoiding the problem by simply ignoring it.  The next time it rains, you sneak a peek and, sure enough, the discoloration has expanded, but you say to yourself, “Well, there is no actual drip from the ceiling, so perhaps it is not a leak, after all, but merely some accumulating condensation”.

Now, whatever “some accumulating condensation” may mean, it still points to a problem that should be attended to, but instead, the obscure-sounding phrase seems to explain an otherwise clearly-growing problem, and thus the next step in the avoidance-process has begun: Explaining it away, as opposed to tackling the core of the problem itself.

Avoidance is a natural defense mechanism inherent in us all; it allows us to extend our need to limit confronting something which we do not desire to engage.

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 all of the essential elements of one’s Federal or Postal position, avoidance of facing either the medical problem itself, or its impact upon your capacity and ability to perform your job, is often a problem which allows the issue to loom larger than necessary.

Consult with an attorney who specializes in FERS Disability Retirement Law, and allow for the avoidance to be confronted by an experienced attorney, thus further avoiding direct engagement with the issues, yet allowing for the attorney to address the core issue: Preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Suffering

It is something that cannot be avoided; it is part of life, of living, of engaging.  The history of it existence is palpable; the tactile images throughout can be experienced in images painted and words described; and the various religions embrace it – some as a foundation that allows for forgiveness to alleviate that felt by others; many, as a foundation to explain it away; and still others, to train a disciplined life in order to avoid it, or at least to contain it.

Whether by meditation or medication; through enduring or embracing; or perhaps even by enjoying some form of it in a masochistic manner; it is there because the body, mind and soul are sensitized in the evolutionary process of advancement to remain heightened for survival’s sake.

Suffering is part of living; without it, we imagine that life would be a constant cauldron of endless merriment, when in fact its absence would spell the very definition of misery and decay.

Throughout history, sickness, death and suffering encapsulated an apt description of life, whether human or otherwise.  Thus did Thomas Hobbes admonish the world in his seminal work, Leviathan, where the famous passage describes the natural state all human beings find themselves in until the rescue by political community or social contract, that the life of man is “solitary, poor, nasty, brutish and short.”

But whether by social contract elevating the aggregation of humans into defensive communities envisioning civilization and cultivation beyond the penury of life’s misgivings, or some utopian belief that can result in avoidance of that which is inherent to us all, the fact is that suffering can at best be contained and limited, but never extinguished or eradicated.  Life famine, viruses, cats, weeds, moles, droughts and diseases – we can inoculate against and quarantine as best we can, but they keep coming back and rearing their heads up even after exhausting their nine lives and filling in the holes they have dug.

Suffering is, in the end, that which is there for a purpose – of allowing for feelings; of contrasting the opposite of ecstasy and joy, without which there would be no comprehension nor appreciation, as “being” cannot be understood without its flip-side, “nothingness”.  Thus, the question must always come down to:  Not “whether” it must be, but to what “extent” it needs be.

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 positional duties, it may well be that you have reached a pinnacle point of suffering such that preparing, formulating and filing an effective Federal Disability Retirement application, submitted to the U.S. Office of Personnel Management, becomes a necessity.

Every Federal or Postal employee, whether under FERS, CSRS or CSRS Offset, must make the “right” decision for him or her self, as to the timing, the substantive event and the future securitization for livelihood’s sake.  It is, in the end, suffering itself and the medical condition that overwhelms, that often determines such a course of action, and that is a very personal decision that each individual must decide in the most appropriate of circumstances.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Life’s Fathomless Diatribe

We tend to personify and project upon lifeless, inorganic and inert entities, not to mention the extrapolation of generalized and universal conceptual forms, and inject them with personalities, characteristics and living imprints.  Did Plato make this fatal mistake, or was he beyond our intellectual capacity, and perhaps like the mischievous character he provided in his dialogues, was he merely the siamese twin of Socrates and inextricably conjoined in body, mind and philosophical spirit, with that glint of the knowing jokester?

“Life”, as we like to make of the stuff which confounds us, is like the half-crazed homeless person who stands on the street corner and yells at us as we pass by.  Sometimes, we even get hit by a bombardment of spittle, and an unexpected whack on the head, leaving us stunned and helpless, faint with outrage and anxious that Mr. Life may follow us home.  And, indeed, he sometimes does.

Life is like that fathomless diatribe; and we are merely an audience of one, isolated, watchful, spectators who can only observe, sometimes shout back, and in a feeble attempt at altering destiny, weep in a heap of self-pity and trembling repose.  That is how the Federal employee and the U.S. Postal worker feels, in confronting the mammoth of the Federal Bureaucracy and the U.S. Postal Service, especially when the Federal employee and U.S. Postal worker are enmeshed in the weakened state of fighting a 3-front battle:  One’s own Federal agency or the U.S. Postal Service; a medical condition that has begun to impact the ability and capacity to perform all of the essential elements of one’s positional requirements; and the battle against “life” and all of its multitudinous facets of complexities.

Is “life” just another metaphorical voice in the darkness of time?  For the Federal or Postal worker, the time to file 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, must often be determined by the harkening voice of life’s trials and travails.  As OPM is just another behemoth to confront, in addition to one’s own agency or the U.S. Postal Service, so the preparation to “do battle” must include the tools of engagement:  the facts, the law, and the will to proceed.  And like life’s fathomless diatribe, the will to win must first and foremost be the amour of protection in preparing, formulating and filing for OPM Disability Retirement.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Noh & Other Masks

Every culture has some element of representative theatre of art, and Nogaku is the classical Japanese form which tells the narrative of human suffering, trials and challenges encompassing masks, elaborate costumes, and traditional music reflective of the times and periods of tragic and comic proportions throughout history.

Why are masks used?  What is it about the frozen caricature, that moment in time when a look, a grimace, a smile or an unconcealed filament of emotion that encapsulates human suffering, tragedy or a breeze of joy?  Masks frozen reveal but a singular moment — or so one assumes, until you look at it from a different angle, a changed light, or perhaps when one’s own emotions alter and bring to the stage the experiences and baggage accumulated throughout a lifetime.

Masks fascinate — look at the glee, fear and awe on a child’s face, and those memories frozen in time as the child claps, stares, puts the tiny involuntary hand to his or her mouth, as the play before unfolds, whether in life or on the stage.  We all wear masks; some to conceal, others to gloss over.

For Federal employees and U.S. Postal workers suffering 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 positional duties, the daily mask in order to conceal the progressive deterioration of one’s health, is no different from the theatre of plays performed.

Only, for the Federal and Postal worker who must consider 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 “play” never ends, as real life is ongoing; and the mask worn changes not in response to the altering angle of light, but rather, because of the unremitting articles of life which slowly chip away at the brave face of time, like the dust of age which fades the painted Noh mask, whether on stage or in the arena of daily living.

Sincerely,

Robert R. McGill, Esquire

 

Early Retirement from Federal Job due to Disabilities: Setting up the Contingency for Failure

We all engage in it, at times; and like the vertical clearance events, like the high jump, the measurement of the horizontal bar can make a difference by fractions of inches or centimeters, and where we place the bar will determine the outcome of failure or success.  “If X, then Y,” we whisper to ourselves daily; “If I am able to get through this day, then it shows that I am better, and…”

But medical conditions, especially, have an unique characteristic of skewing and distorting the predictable outcome; and, further, when human desire, unfettered by comparative milestones used as “reality checks” in order to keep contained the buoyancy of human wants, becomes part of the equation, the systematic self-deception can occur through setting up contingencies which will inevitably fail.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition impacts the ability and capacity to perform all of the essential elements of one’s Federal or Postal positional duties, the issue of “when” to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management (submitted first through one’s own agency Human Resource Office if not yet separated from Federal Service or, if separated, not for more than 31 days; but if separated, within 1 year of being separated from service, which is the Statute of Limitations in all Federal Disability Retirement cases, with some stringent and narrow exceptions) has often been influenced by the imposition of setting up multiple and linear series of contingencies, all of which were doomed for failure.

That is why the very filing of a Federal Disability Retirement application often becomes a “crisis” of sorts; for, as we desire things beyond our reach, and know that such events are unlikely to happen, so we continually engage in such fantasies of hope, despite the facts which face us, the yearnings which remain unfulfilled, and the loud signals which have become sirens emitted from our bodies and inner souls, screaming to change course before the collision of life’s disaster brings tumult and chaos beyond the nightmares of our own making.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Jobs: Canards and Caustic Characters

Life is tough enough without having to deal with unfounded rumors, mongering of fears (the term “fear-mongering” is itself an interesting one, denoting a tradesman or merchant who specializes in the sale of specific goods, and thus implying a commerce of black-marketed ideas connoting instability, undesirable and shady commodities) and encounters with unpleasant invertebrates masking as human beings.

Canards float throughout workplaces like pheromones released and attracting species of a similar ilk, and suddenly the ravages of the herd mentality provoke a carnivorous feast of mauling and prey-stalking.  The “fix” is in, and you know it, and wait for it to come, like the inevitability of a season’s change and the waxing and waning of the crescent moon; only, when it is you as the bulls-eye target of caustic characters, the eternity of time in anticipation of the forthcoming tidal wave and onslaught of adversity seems like the slow travel of a singular teardrop down the dry gullies of a pock-marked surface.

For Federal employees and U.S. Postal workers who are in need of 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, that feeling of impending doom is familiar, close, and nevertheless unpleasant.

Agencies of the Federal kind (we speak not of State, County or Local ones, as this author has no knowledge of their characteristics and internal workings, although one may presume that, by stint of metaphor and symbolic comparison, there may be a kinship between and betwixt) and the U.S. Postal Service have a reputation to uphold, and the prevailing one always seems to involve canards and caustic characters, especially when it comes to treatment of fellow Federal and Postal employees with medical conditions, such that the medical conditions begin to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s positional duties.

When the time comes — and the inevitability of when and how the Federal agency or the U.S. Postal Service will conduct itself is never without a shade of doubt — as to the need for filing for OPM Disability Retirement benefits, hopefully the Federal and Postal employee will leave the scene of the crime and go on with life with an OPM annuity, with mere memories of fading glories, for this canards and caustic characters who are left behind to boil in the meanness of their own making.

Sincerely,

Robert R. McGill, Esquire