Search Results for: essential elements

OPM Disability Retirement: an Art Form II

June 16, 2009

In constructing the narrative of one’s story of the human condition and how it impacts the essential elements of one’s Federal or Postal job, it is important to weave the story such that it relates as a story. Every story has a beginning and an end; every story must contain the elements of an effective narrative: What has occurred; the symptoms; the diagnosis; how the symptoms impact upon one’s ability to perform one’s job; what are some of the essential elements of one’s job; as well as some impact upon one’s personal life. Now, the Applicant’s Statement of Disability has appropriate sections to “fill in the blank”; but one’s story should not be merely a matter of filling in the blank; instead, it should be a narrative — a coordination of the story, consistent with the medical narrative report obtained from the doctor; and finally, a legal memorandum arguing the law. The weaving of these elements, in my experience, constitutes what I consider to be a successful disability retirement application.

Sincerely,

Robert R. McGill, Esquire

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OPM Disability Retirement: Agency Loyalty

February 8, 2009

2 Comments

Many people who call me and tell me their narrative about the Agency, the medical conditions, the growing inability to perform the essential elements of the job, and the resulting need to file for disability retirement, often reveal an undertone of a common element: after so many years of loyalty, how could the Agency show such callous lack of caring?

I don’t have an answer to the question of lack of empathy on the part of an Agency; Agencies are made up of individuals; individuals show varying degrees of care, sympathy, and loyalty, but only up to a point: if such care or empathy will somehow be perceived to harm the “mission of the Agency”, or if walking the proverbial “extra mile” for an individual who needs some temporary support is quite simply seen as “not worth the trouble,” then the individual will simply turn his or her back on the disabled individual.

When the individual turns his or her back on the employee filing for disability retirement, then the Agency turns its back on the person; for, again, Agencies are made up of individuals. But what about the loyalty that was shown by the employee for all of those prior years? How about the years of doing overtime, of doing extra work without complaint, etc. — doesn’t that account for some bilateral, reciprocal loyalty?

Unfortunately, it does not amount to much. Loyalty in today’s society is defined as: What have you done for me today?

For the Federal and Postal Employee who needs to file for Federal Disability Retirement benefits, expect the worst; expect that your Agency will not be supportive during the 6 – 10 month administrative filing process. Then, if by chance, a supervisor shows some empathy and support, you will have been pleasantly surprised.

Sincerely,

Robert R. McGill, Esquire

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FERS Disability Retirement Benefits: Human Nature

November 30, 2019

3 Comments

There are other “natures”, of course — of a dog’s or a cat’s; or of a vulture’s, and perhaps of lower order species which we barely give notice to: of spiders (except when they crawl near to us), mice, grasshoppers and frogs. For species we deem to be less intelligent or possessing the capacity for “free will” (i.e., making decisions and performing acts outside of a predetermined view of what they are “supposed to do”), we tend to have an opinion of, “X does Y because that is the nature of X to do Y”.

Thus, when we read about a traveler who went to a game reserve and got mauled by a lion whom the traveler thought — just a moment before —was “friendly” enough to approach and take a close-up picture of, we shake our heads at the fact that the individual ignored the clear and visible sign which read: “Caution —Do NOT leave your vehicle, Dangerous Animals”, or some similar preemptive warning.

Then, of course, there is “our” nature — of Human Nature. What is it? We are an animal species which is able to adapt, possess the talent for a thousand things but remain mediocre in all of them. We cannot run as fast as a cheetah, nor have the ferocity of a lion; we cannot fly like the birds, nor have the venomous bite of a snake. Yet, we can build cars which can outrace a cheetah, create weapons that do greater damage than a lion’s claws; we can build airplanes that travel greater distances than birds and manufacture bullets that pierce flesh beyond what a snake can deliver.

Of course, we like to think of “human nature” as being, as Aristotle would put it, “rational” first, and vicious somewhere down at the bottom of the list. But wars, the devastating trails of what we leave behind — they attest more about Human Nature than our rationality.

For Federal employees and U.S. Postal workers who suffer from a disabling health condition such that the health condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the issue of Human Nature as one comprised of cruelty, retribution and back-stabbing is probably not a surprise. As your medical conditions worsen, you may have noticed a lack of empathy and a growing sense of animosity and contentiousness from your employing Agency or the Postal Service.

Chalk it up to “Human Nature” and the capacity of human beings for lack of qualities which — while we may like to think of as comprising the essence of humanity — comes out at the worst of times.

Consider, at such a point, whether filing for Federal Disability Retirement might not be the best option available, and consult with a FERS Attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire
OPM Medical Disability Attorney

OPM Disability Retirement for Federal & Postal Workers: Meaninglessness

November 28, 2019

8 Comments

Without the second added suffix, it remains an adjective; with the addition of the second suffix, it becomes an abstract noun denoting quality and state of being. The combination of the duality if suffixes, altering it from an adjective qualifying a noun (as in, “This meaningless activity”) into an abstract noun standing alone (as in, “The meaninglessness was evident in the manner he lived”) makes for an interesting conceptual construct.

It is, indeed, a word which describes a state of being — both the quality as well as the “kind” of. It also denotes something else: that, at some time prior, both suffixes were absent, leaving the root of the word and the core of its origins intact — that of “meaning”. It is thus a word which describes both a state “before” and a condition “after”, of once having had it, then losing it, then becoming a state of perpetual loss.

It is, in the end, the “state” of being which becomes of concern. For, left as an adjective, one can argue that it is merely a temporary mode of being, as in: “The meaningless endeavor he engaged in was to merely get him through the day.” However, when the second suffix is added and the root word alternates from becoming an adjective into an abstract noun, the denotation of becoming a permanent construct of eternal loss becomes ever more problematic.

So, as life mirrors language, and language expresses our inner state of thoughts, it is not only the meaning of words which becomes important but, moreover, the way in which we actually live. Meaninglessness, as a way in which we live, becomes ever more pronounced when our health deteriorates.

For Federal and Postal workers who suffer from a medical condition such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of ones Federal or Postal job, the problem of “meaning” and “meaningless”, as well as “meaninglessness” becomes ever more pronounced. As one’s health deteriorates, and as work becomes a greater struggle, so the once-meaningful career becomes a greater burden and begins to gnaw at the root of one’s existence.

While Federal Disability Retirement may not be the answer to all of life’s difficulties, it allows for a Federal or Postal worker to re-focus one’s priorities in life and turn one’s attention back to the basics — that of health and meaning. Consult with a FERS Disability Attorney who specializes in Federal OPM Disability Retirement Law to discuss the particulars of your case, and begin to discard the suffixes which drag you down.

Sincerely,

Robert R. McGill, Esquire

FERS Disability Retirement for Federal Employees: Maintaining the Fakery

November 27, 2019

1 Comment

Is it like a bakery, or perhaps some other manufacturing facility where things are made? In some sense, perhaps; but it is not the “making” of it, but of maintaining it.

To a great extent, we all have a feeling of fakery — that we are not as competent as others believe us to be; that our outer appearance of confidence, boldness, knowledge and positive attitude do not reflect our inner sense of insecurity, tentativeness and lack of certainty. Are there people in this world where the “inner” self actually reflects the “outer”? Or, are we all beset with being a quivering ball of showmanship — like the famous actor who falls apart before every show but somehow regains his composure and acts like a star every time?

Maintaining the fakery is what is required daily; some are better at it than others; still other thrive by it; and the few detritus of human beings who cannot abide in it, fall apart and admit to being unable to maintain it any longer.

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, maintaining the fakery is an essential part of the medical condition itself: Of trying to keep up one’s performance level; trying to hide the symptoms of the medical condition; trying to maintain the level of attendance and hide the debilitating effects of the medical condition itself, etc.

But fakery can only deceive for a limited amount of time; and when the truth begins to seep out, it may be time to consult with an attorney who specializes in Federal Disability Retirement Law, lest maintaining the fakery leads to the greater truth about yourself, that in the meantime your health is what is being sacrificed upon the altar of truth.

Sincerely,

Robert R. McGill, Esquire

OPM Medical Disability for Federal and Postal Employees: Comparisons

November 26, 2019

1 Comment

Does it help to make them? Do we take comfort in judging the relative plusses and minuses in making comparisons — as in, X has A, B and C, but I have, in addition, D and E, and therefore I am more fortunate that X is. Or, is it a comparison of one’s conditions, as in: “Boy, at least I don’t have X like Lisa does”, or “At least I am not in Y’s situation”?

To the extent that comparisons remind us of that which we are blessed with, they allow for a certain level of utilitarian value. But there is a negative side to it: Of jealousy engendered by comparison, or of discontent resulting from making one. Rousseau, of course, makes that point throughout his “Social Contract” analysis, of the purity of man’s intentions in that fictional state of “nature” that we were once in, but where society’s accretions of materialism created the artificial emotional response of discontent and jealousy. But compared to what?

It is important to make the fair and correlative comparisons which are relevant — as in “apples to apples” and not “apples to oranges”. For, it is the uniqueness of each entity, object or situation to be compared with the singularity of another that makes for a proper comparison.

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, it is inadvisable to compare one’s case to somebody else’s. For, the proper comparison is not to evaluate one’s medical condition and the severity of one’s medical condition to that of another person’s medical condition; rather, the proper comparison in a Federal Disability Retirement case is to compare one’s medical condition to the essential elements of one’s position.

Thus, comparisons made must always take into account the relevant connections which relate not just in terms of similarities, but as is the case in Federal Disability Retirement Law — in what the law allows for and considers significant.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Employees: Looking After Yourself

November 25, 2019

9 Comments

All of our lives, most of us look after others. Sure — there are those who are self-centered, egoistical, and even selfish to a point of absurdity; but the rest of us find value in caring for others, or of working towards something else, at the expense of our own “whatever”.

There is much talk these days about joy, happiness, contentment, etc. Gone are the days where you should do “whatever makes you happy” — for one thing, the economy isn’t good enough to embrace such a philosophy. For another thing, it is often impractical for the art of living to simply pursue one’s desires.

We work for others; we do things to please others; we even accede to another’s wants and needs; and perhaps, in a perfect world, if everyone did things for others, it would mean that everyone’s needs would become satisfied because everyone else is also looking after yourself. But that approach to life works only in a perfect world; whereas, much of modernity proves the opposite: If you don’t look after yourself, no one else will.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent you from performing one or more of the essential elements of your job, it is high time that you began to look after yourself, and not worry about your Federal Agency, your coworkers, your Postal Facility or anything else.

Health is of paramount importance.

Consult with an attorney who specializes in Federal Disability Retirement Law, and begin the process of preparing an effective FERS Medical Disability Retirement application in order to finally begin looking after yourself, for once.

Sincerely,

Robert R. McGill
OPM Disability Attorney

Federal Employee Disability Benefits: Philosophy of Life

November 23, 2019

3 Comments

Is it necessary to have one? Does one ever begin this process of organic expansion with a conceptual paradigm which encapsulated the activities, movements, thought-processes and decision-making judgments that, in their aggregate, define a person’s “Philosophy of Life”? And if we all have one, when did we subscribe to it, create it or “own” it? Or is it all just some pithy mandate which we follow — you know, some line here or there that we picked up, either from a book, a movie, some T.V. serial, or even from some bartender who likes to mete out wisps of wisdom to those half drunk?

“Joe’s philosophy of life is to never trust anyone.” Or: “Kim — she just believes that you should finish whatever you began.”

Of course, if you went to college and took that “Introductory Philosophy” course, you received a Reader’s Digest version of various philosophers, and perhaps came upon Seneca, the Roman Stoic, whose attempt to bifurcate the physical world from one’s inner soul has become popularized in modernity; and perhaps there are those who have grasped upon a coherent or systematic philosophical paradigm such that one actually possesses a “philosophy of life” —but few of us are organized enough to have that and, even if we did, how many of us actually follow our own philosophy of life?

Most of us just struggle through and meander, responding from one mini-crisis of life’s travails to the next.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where that medical condition begins to prevent one’s ability and capacity to perform all of the essential elements of one’s Federal job, it is not a “philosophy of life” that will help you survive the bureaucratic process of preparing, formulating and filing an effective Federal Disability Retirement application, but rather, correct knowledge, helpful information and a plan of attack.

Consult with an attorney who specializes in Federal Disability Retirement Law before initiating the process. And, after obtaining your FERS Disability Retirement benefits, perhaps that will be the time to begin to formulate your Philosophy of Life — that is, the life beyond Federal employment.

Sincerely,

Robert R. McGill, Esquire

FERS Medical Retirement for Federal & Postal Employees: Similar Lives

November 20, 2019

5 Comments

Dissimilarity is what threatens us; similarity — the notion that there are shared, common characteristics between you and I — provides for an acceptable level of comfort and security.

When we learn about the lives of the “rich and famous”, other than feeling some sense of envy, we can still imagine enough similarity of living such that we can “relate” to them. We might say, “Yeah, but he still has to put on his pants one leg at a time” or some such similarity of response. It is the dissimilar which tends to threaten — of behavior, looks or origins so alien that we fear that the strangeness of the unknown will somehow harm our very existence.

Modernity has tried to ameliorate that with a sense of living in a “global village”, where images of other cultures, other lives and different countries are transmitted into our living rooms via cable and other outlets; and social media allows for interaction with others no matter where a person resides. Rumors of wars are no longer apt; we bring it live right into our recreational living spaces, and no longer are cultures alien, nor other lives strange; the strangeness now is of the person who cannot relate to the universal similarity of all lives lived in modernity.

Yet, there are still instances of dissimilarity which threatens — such as a medical condition suffered by a Federal Government employee or Postal Service worker who then begins to feel isolated and treated as a pariah. Perhaps the response by others is likened to that “tribal” sense that people have: No one wants to be like the outsider, and so we shun them like those colonies of eons ago to which lepers were banished.

For Federal employees and Postal workers who believe that a debilitating medical condition now prevents him or her from performing one or more of the essential elements of one’s Federal or Postal job, and who are beginning to be treated in a dissimilar fashion, it may be time to file for FERS Disability Retirement benefits through the U.S. Office of Personnel Management.

Consult with a FERS Attorney who specializes in Federal Disability Retirement Law, and do it before the dissimilar turns into a familiar case of similarity — that of fear turning into cruelty by the Federal Agency initiating adverse actions and ultimate termination.

Sincerely,

Robert R. McGill, Esquire
FERS Medical Disability Attorney

Postal & Federal Employee Disability Retirement: The Albatross

November 19, 2019

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The reference is likely outdated. One doesn’t hear of the phrase, anymore, that “X is like an albatross around my neck.” If it is referenced at all, one is likely to witness everyone standing around within earshot to whip out their smartphones and Google it, to find: Literally a large sea bird.

The phrase alludes to Samuel Taylor Coleridge’s poem, “The Rime of the Ancient Mariner,” in which a sailor who shoots a friendly albatross is forced to wear its carcass around his neck as punishment. But who reads Coleridge, anymore, leaving aside poetry as a genre outmoded in an age where entertainment and leisure must by necessity be at the click of a button or within the scrolling universe of a Smartphone?

The antiquated reference is an allusion (as opposed to an “illusion”) — you know, the poet’s attempt at painting a word picture of something else by referencing a certain concept; i.e., that literary device banned in SATs now because it became too difficult a subject to bear — is of something that brings about bad luck, or of negative consequences resulting from something we have done or an event which has caused things to turn against us.

Medical conditions can become an albatross around our necks; as our health progressively declines, it becomes a greater weight and burden because of the impact it has upon our ability to work. For Federal employees and U.S. Postal workers who suffer from the albatross of a medical condition, it may be time to consult with an attorney who specializes in Federal Disability Retirement Law.

When one’s medical condition becomes an albatross which begins to prevent the Federal or Postal worker from performing all of the essential elements of one’s Federal or Postal job, whether as an allusion or an illusion that the medical condition will resolve itself, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management becomes a necessity beyond the poet’s representation; it becomes a reality which must be attended to.

Sincerely,

Robert R. McGill, Attorney

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