Monthly Archives: September 2015

OPM Disability Retirement from Federal Employment: Far-Flung Universes

Each generation tells a generic story reflective of the times; and thus did the Great Depression era produce movies and epics with undertones of escapism from the harsh realities of life; of the 60s, the fear of nuclear holocaust and the confrontation of the Cold War; of the following decade revealing the hesitation for  technology and its pervasive intrusion into the privacy of our lives; and so on, so the anxiety, fear and loathing goes.

Throughout, people escape in their own private ways, through daydreaming, imaginative time-travels as in the classic short story by James Thurber depicted in, “The Secret Life of Walter Mitty”; and other times in nightmares and dreams controlled only through the breaches in our subconscious.  It often seems as if the far-flung dimensions and dominions of hope save us only through living in those other-world universes, if only for a moment, a period, a time and a day.

Vacations and weekends only delay the inevitable, and then the harshness of who we are, what we have become, and where we are going, all come crashing back, like the rolling waves of thunderous whitecaps which bellow in the echoing chambers of the far recesses of our minds.

For the Federal employee or the U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to threaten one’s livelihood, resulting in the Federal agency or the U.S. Postal Service beginning subtle (or not so) noises of increasing pressures through adverse actions, like unpleasant abdominal groans which should remain private but echo out into the public domain, it may be time to escape the escapism of the alternate universe and become “real” by 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.

Other and far-flung universes offer hope beyond dreams, but when the dream is shattered by the progressively deteriorating forces of a present-day reality, it is time to travel back to the origins of reality, and face a full-frontal confrontation of what the pragmatic steps of day-to-day concerns must by necessity bring, and begin to prepare, formulate and file for OPM Disability Retirement benefits.

Alternate dimensions indeed reflect the times one lives in, and may even represent a pleasant moment in time, a respite away from the harshness of today’s reality; but when the awakening occurs, one must shake away the cobwebs of fantasy, and face the serious concerns of one’s angst-filled day, as the medical condition will not go away, the Federal agency and the U.S. Postal Service will not fade, and the fight to survive will remain as real today as it will be tomorrow.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Evaluative Adaptability

Life is often like a boat without oars, let alone a motor which functions; and as the waves rock the water transport, one maintains balance, sanity and survival by attempting to prepare for the whitecaps and hoping for a further delay of a storm, and never a tsunami.  But those changes inevitably come, and attack in onslaughts of exponential fury.  One attempts to adapt, to remain like the chameleon who must survive by an unwanted metamorphosis, in order to maintain the delicate balance of nature as described by the brutality of Darwin’s world.

Man presumably has the advantage of possessing the dual modalities of penultimate capacity for survival:  the cognitive and the physical.  Of the latter, the human animal is neither a lion nor a cheetah; and of the former, self-doubt, confusion and intellectual arrogance often muddles the clarity of purpose shown by other carnivores.  But it is the combination of both — of the evaluative adaptability acquired through intake and filtering of information, analysis of factual and predictable processing, and shifting positions based upon real-time data reflected upon through a compendium of intellectual acuity honed and perfected by experience.

That is precisely why bureaucracies are often potholes of frustration; as systematized repetition dulls the soul, so the imposition of irrational decisions heightens the angst of man’s inner being.  For Federal employees and U.S. Postal workers who suddenly find that a medical condition may cut short one’s career with the Federal agency or the U.S. Postal Service, it is with that duality of advantageous survival mode that one must approach both the Federal agency (and the U.S. Postal Service), as well as the U.S. Office of Personnel Management.

Certainly, physical endurance is limited often by the medical condition and the deterioration of stamina and energy; but the evaluative adaptability and the capacity to change course should never be underestimated.

Medical conditions need not deter the direction of the boat; most medical conditions are mere whitecaps which rock like irritants on a summer evening where gnats and mosquitoes ravage the unprotected surface; but unlike hurricanes and tsunamis which overwhelm and destroy, the fact that one’s steering mechanism or the ability to propel oneself forward may be damaged, should never extinguish the Federal or Postal employee from recognizing that one’s evaluative adaptability is the key towards moving positively into the future and affirmatively taking steps to secure a brighter tomorrow, by beginning the process of preparing, formulating and filing for Federal Disability Retirement benefits through OPM.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The Adaptable Criterion

If a criterion is advanced at the outset, one expects that the details of its applicability will result in a fair outcome so long as the requisite subsets are adhered to.  The problem is one of generalizations, however, and the linguistic malleability of hermeneutic interpretation, and in the end, the honesty of the individual.

There may have been a time when the sin nature of man was contained, and Pandora’s box was sealed, or at least somewhat secured; but once relativism creeped into the general populace, the game of restraint was lost forever.  Once, when man was left to individualistic devices, and information concerning the world was considered esoteric and reserved for the ivory towers of science and theological hoods of mystery shorn by Jesuit Orders of secrecy and cavernous enclaves of furtive whispers echoing down dark chambers in secluded corners, the application and usage of criteria demanded knowledge beyond the commonplace. Now, with Google and other search engines, everyone knows everything, or nothing at all.

For Federal employees and U.S. Postal workers who are 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 “trick” is to review the legal criteria, amass the information in a manner which fits the applicability for eligibility, then to “make the case” for an approval.

Is it a science?  Or, more precisely, are the regulatory subsets “open to interpretation”?  And more to the point:  Do the Administrative Specialists at OPM adhere to the “letter of the law”, or is hermeneutics less than an honest methodology these days?  Where human nature is concerned, one need not stray too far from the general knowledge of the masses.

If one has lived long enough, you know that you should always walk through the busy streets of a city with one hand on your back pocket, protecting your wallet.  Pickpockets are everywhere, and in preparing, formulating and filing for Federal Disability Retirement benefits through OPM, the Federal and Postal worker should always be cognizant of the fact that the adaptable criterion is not the fault of the agency or the promulgators of legal standards, but merely reflects the fact that Pandora’s box was left open long ago, and the serpents of horror and dishonesty were left to roam the earth like never before.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: The Indeterminate Deterioration

Some events come with it a specific date, and even a time; others, within a span of identified moments and blocks of weeks, sometimes months; the rest, undetermined, unspecified, like the lost soul who wanders the traversing echoes of eternal reverberations left to the sifting cleansing of a foaming ocean washing and lapping, ever repeating the comforting sounds of surf and salt strolling like the footprints gone in the sands of countless castles disappeared.  But that medical conditions would conform to the science which attempts to treat, and approach one with technical precision and certitude.

When did you first notice the symptoms, the kindly doctor asks, as you scratch your head and stutter forth an incomprehensible gibberish of a response.  A similar question is posed on SF 3112A, concerning the “date” (approximate) the Federal or Postal employee became disabled from one’s position.  How does one answer such a question?  Fortunately, it asks not for a day or time, but merely the month and year, and to that extent we can be thankful for its inherent foresight.

For Federal employees and U.S. Postal workers who attempt to answer this question without much thought or reflection, be forewarned and with a hint of suspicion; trap doors abound everywhere, and while one may overstate issues like the paranoid cousin who points a telescope not at the moon and stars, but directly at the next-door neighbor’s bedroom window, it is well to consider carefully the answer to be given.

The context of intermingling meanings:  Was it during one’s tenure as a Federal or Postal employee (for those separated but contemplating filing within 1 year of being separated from Federal Service)?  Will it prompt the question, Does the medical condition last for a minimum of 12 months, including the time encapsulating the prognosis of the doctor?  Does it coincide with any event or issue arising at work?  Does the date identified precede any adverse action promulgated by the agency or the U.S. Postal Service?  Truth is always the guide for integrity in all cases, but the reality of a medical condition is that time is often discovered on a spectrum, where chronicity and deterioration spans over many months, and often years.

To pinpoint is to be precise; but where deterioration is progressive and indeterminate, the fading sounds of an unspecified echo which bounces from cave walls to the expansive skies beyond the realm of certainty, the date recognized may be one which floats and fades like the dust of angels left as a residue of virtue.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement from Federal Employment: Plan of Attack

Every battle requires a “plan of attack”, and preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is no less an “adversarial” process than a lawsuit filed with the local county court.

One may embellish and deny by describing the process as “nothing more” than an “administrative” procedure, where the deciding agency is merely reviewing the components for “eligibility requirements” and conformance to entitlement regulations, but one needs only to be denied a OPM Disability Retirement application to realize that it is a legal process just like any other.

That is why, when a Federal or Postal employee’s Federal Disability Retirement application is denied at the First Level of the process, the usual response is tantamount to that of an opponent who lacked a plan of attack and quickly disburses in a retreat of panic.

Denials should be expected, and not necessarily because of a lack on the part of the Federal or Postal applicant, but because the “enemy” will counterattack and “win” some “battles”.  The army which never considers a setback is one which advances with such arrogance that the hubris of pride defeats without the enemy ever needing to lift a finger.

For those Federal employees and U.S. Postal workers who filed for OPM Disability Retirement benefits, and who thought that his or her Federal Disability Retirement application was an unconquerable force of inevitability, the good news is that there is another day yet to come for a new battle, and even another beyond that, where a singular defeat means merely a chance to regroup for another day’s skirmish in order to win the ultimate prize:  the war itself.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement from Federal Employment: The Methodological Approach

Many call in a frenzy of confusion, admitting openly of being lost and not knowing where to begin.  That is always the starting point, as even Socrates conceded — of the hope of knowledge beginning upon a recognition of not knowing (though, if one looked carefully and scrutinized the face and eyes of the old sage, one probably gleaned a twinkle of sly naughtiness).

Philosophy began in ignorance, and from there, attempted to ascertain a methodology of approaching problems in a systematic way, in order to overcome the shortcomings of man’s frenetic inclinations.  Identifying and ascertaining a knowledge of a criteria, a system of approaching problems, and an applied methodology of solving, is the preferable way than that of plugging holes where leaks appear.

Thus, for Federal employees and U.S. Postal workers who need 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, it is often necessary to formulate a sequential strategy at the outset, before embarking upon the dark abyss of preparing, formulating and filing for OPM Federal Disability Retirement benefits.

Should certain information be gathered prior to completing the standard forms?  Yes.  What forms are “central” to a Federal Disability Retirement application?  Certainly, all of them, but if timeliness is an issue and the 1-year Statute of Limitations is suddenly upon the Federal or Postal employee attempting to file, then the SF 3107, Application for Immediate Retirement, including Schedules A, B & C, as well as SF 3112A, Applicant’s Statement of Disability, must all concurrently be prepared for immediate submission.

Identification of the essential as opposed to the bifurcated peripheral must be realized; compilation of the proper information, and the laws governing supplementing a Federal Disability Retirement application is essential for a successful outcome.

In the end, as it turns out, Socrates knew much more than he revealed; but the sly sage was wise enough not to engage in the solipsism of later years, like Descartes and the French Existentialists, and by recognizing that lack of knowledge and the admission of such vacuity is the first step towards wisdom, he was able to initiate the prefatory questions in the quest for knowledge in a world devoid of both.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Those Fall Leaves

The time of change and spectrums of colors beyond mere rainbows of solitude; it is often poetically described as the season of deterioration, of old age before the winter of mortality.  Fall brings about a freshness of cooler winds, a precursor of foretelling that those dog days of summer have come to an end.  Ever look at the fallen leaves and mistake them for something else — an animal, perhaps, or a figure of caustic imagination?

Such projections erupting from our own fears and hesitancy reveal the true state of our being.  The leaves bring color to an otherwise dreary existence; once fallen, they can take on whatever hopes, dreams and fears we wish to accentuate.  Looked upon from a distance, shapes of crinkling leaves can take on forms enhanced through our imaginations.  It is only when we deliberate, walk up closer, and verify, that we can ascertain with a semblance of certitude that it was not what we thought, or that it constituted nothing more than our fears gone awry.

Fear and imagination tends to do that; until we take affirmative steps to ascertain, verify and concretize, what is left in a muddle remains so.  For Federal employees and U.S. Postal workers who sit and fret over one’s future because of a medical condition which has begun to prevent the Federal or Postal worker from performing all of the essential elements of one’s positional duties, the fear of future forebodings becomes an exponentially-enhanced subject of terror and trembling, so long as pragmatic steps of self-affirmation are avoided and neglected.

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, may seem like a small step, or perhaps a too-large one in supposing an end to an otherwise successful career.  But sitting in fear and loathing is never a solution; one must, by affirmative steps and bounds, break the isolation of fear and move forward with life.

As the fallen leaves of Fall are merely a season of change, and the colors which surround the spectrum of life’s spector, to remain as a spectator to the vastness of change is to allow for the vicissitudes of misgivings to shake the essence of purpose.

Like the crinkled leaf which sits afar and takes on a gargoyle-like appearance, it is only when those first steps are embraced towards ascertaining, verifying and establishing that the very fears we once took comfort in, are but mere wisps of whispers dissipating into oblivion, once we take those initial steps in preparing, formulating and filing for Federal Disability Retirement benefits through OPM, in order to defy the foreboding of the winter season yet to come, but where our future lies not in fear but in securing a semblance of stability through a benefit available but for want of hesitation.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Problematic Loss of Confidence

Confidence is an ethereal character trait; in some ways, it is self-perpetuating, as success relies upon it, and feeds it, which in turn reinforces any lack thereof.  At once fleeting but full, the loss of it can be devastating.

For some, a mere look of doubt or suspicion from others can undermine the fullness of possession one may have had of it just a moment before; for others, whether lack of competence or never having had any reason for possession of it appears to matter not, and like self-esteem in the generation of modernity and “me”, a complete void of accomplishments seems not to overturn those who accumulate an abundance of it.  But weakness or negation from outside sources can be the final straw in undermining that sensitive sense of self, and a medical condition which attacks the body, mind and psyche of an individual can be devastating.

Thus, when the Federal or Postal employee who has confidently strode throughout a long and satisfying career, whose performance has raised eyebrows of accolades beyond mere efforts of competence, and where performance reviews have always included adjectives and superlatives searched out beyond mere templates previously applied with thoughtless automation, the introduction of a medical condition into the life of such a Federal or Postal employee can be like the Martian Chronicles revealing the strangeness of alien cultures clashing in a battle of titans heard beyond the roar of civilizations long lost and forgotten.

Federal employees and U.S. Postal workers who struggle with this, resist the necessity of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, precisely because the disbelief is overwhelming that, somehow, this loss of what was once taken for granted, could possibly be.  But as “possibility” includes the building of concrete structures in thin air, whereas “probability” involves the hard computation of one’s life and “reality-living” in a harsh and uncaring universe, so the Federal or Postal employee must take into account that past foundations of accomplishments may not uphold the confidence once shared and held by a Federal agency or the U.S. Postal Service.

Confidence, indeed, is like the golden dust sprinkled sparingly by the fluttering angels of yesteryear; and today is a dawn of dying expectations, where the harsh realities of a medical condition must be faced with a freshness of purpose, reserved for that fight which may require one’s presence on a day in future pasts, unforseen and as of yet unfought.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The Game of Calumny

If not one’s reputation, what is the remaining value?  If truth is not a goal, then what fills the void?  Yes, from ashes to ashes, and back to dust, and the elements which make up man are constituted by nothing unique beyond the environment from which he originates, and to which he returns; but the linguistic act of reductionism fails to achieve a full embrace, and just like the defensive football player who hesitates for a moment and sees the blur of the ball carrier speed past, so the aftertaste of materialistic reductionism is somehow unsatisfying.

For, to say that X is “nothing more” than an aggregate of atoms is to characterize a masterpiece as a mere collection of colors, and that is precisely Roger Scruton’s point, isn’t it?  Then, there is the game of calumny, of the capacity to try and strip another through slander and innuendo.  For Federal employees and U.S. Postal workers who suffer from a medical condition, that game by other Federal and Postal employees becomes a daily onslaught.

Somehow, it is not enough that one must suffer from the gods of fate and contend with deteriorating health.  Instead, one must further deal with the sudden isolation into disfavor, like lepers of yore shipped to colonies in deserted islands beyond the reach of virulent populations scared of their own shadows.  Slavery was outlawed decades ago, but the treatment of workers barely has changed.

For Federal employees and U.S. Postal workers who must 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, the game of calumny by one’s “fellow” workers is merely another indicator that we are not merely a collected mass of elements to be spat upon, and that is a positive side to man’s inhumanity; but, then, finding out the truth about one’s fellow man is always better than to live in ignorance thinking that one’s Federal agency or the U.S. Postal Service was going to be supportive through thick and thin.

The time of “thin” has arrived, and it is in the thick of things that one must now fight for one’s rights.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employees Disability Retirement Benefits: Weather and the Prognosis

Prognostication of weather, beyond a day (or sometimes a couple of hours) can be treacherous and self-defeating.  With enhanced computer networks which reevaluate information as it is fed with information concerning patterns of predictability, shifting atmospheric changes and spectrums of barometric alterations; cumulatively, a pie in the face is preferable despite advanced technologies allowing for respectable predictability.

Similarly, the medical field is expected to provide predictions of future events and as-yet unforeseen consequences.  Because medicine is considered a “science”, the level of accuracy is required beyond mere witch’s brew, or the spell of waved wand cast upon an unsuspecting eye.  Thus do doctors engage in percentages and probabilities; of mortality, X-percentage, give or take a few months, based upon studies delineated in some obscure journal presumably respected and hidden in the esoteric towers of ivory bastions.

For Federal employees and U.S. Postal workers who are contemplating filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the requirement for Federal and Postal employees includes information that the medical condition will last a minimum of 12 months (from the date of filing for Federal Disability Retirement).  Persistent and prevalent misinterpretation of this requirement pervades; one often hears the belief that the Federal or Postal employee must be away from work, or otherwise incapacitated, for that period of 12 months before filing.  Nothing could be further from the truth.

The requirement is merely one which denotes a prognosis or prediction, no more than what the medical field can predict and what the weather can portend.  It merely means that a Federal or Postal employee who suffers 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, will be so prevented and impacted for a minimum of 12 months.

Any doctor worth his or her salt can provide a prognosis of how long the medical condition will last, and whether or not such a prognosis is as accurate as the 10-day forecast promulgated by weather entities is often irrelevant.  For, in the end, the Federal or Postal employee who suffers from the medical condition and who needs to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, knows in his or her “heart of hearts” how long the medical condition will last, whether it is for a day or a season, or a lifetime of chronicity requiring longterm care and treatment.

As one’s own body, mind and soul rarely mistakes the shifting changes of life, so the weather and prognosis of one’s own health can be established through the experience of pain, agony, and the pounding of deterioration perpetrated upon the vulnerability of a mortal being.

Sincerely,

Robert R. McGill, Esquire