Federal Employee Disability Retirement: Witnessing the residue

Most of us merely witness the residue; the process itself, the events leading up to the conclusion, and “during” as opposed to the “after”, and all of the miniscule details that make up “in between” are invisible, ignored, unimportant or simply not thought of.  We see the “end product”, only, and that is how it should be.  We don’t have time to watch the apple tree grow from a seedling; for sausages to be made; for politics to be compromised; and for other people’s problems to fester.  And even if we did, what difference would it really make?

We assume much – that characters we see in movies made from “based on a true story” (whatever that means – and how much artistic liberty was taken with the details of such a “true story”, and what part is true and what is not?) productions went to the bathroom in between shooting at each other and becoming heroes; or that when children are seen, there was once love between the couple (although, that can turn out to be a wrong assumption where adoption or other arrangements have been made) even if the residue we witness shows only acrimony, bickering and constant arguing.

For Federal employees and U.S. Postal workers preparing 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, “both sides” witness the residue – from the Federal Agency or Postal Service’s side, they witness the residue of a filing for a disability retirement, without knowing the long and arduous struggle that the employee had with the medical condition prior to coming to such a decision.  Or, for that matter, from the viewpoint of the supervisor or co-worker, such a decision may come as a complete surprise.

Conversely, from the viewpoint of the Federal or Postal employee who is filing for Federal Disability Retirement benefits, witnessing the residue of the Federal Agency’s reaction or the co-workers and supervisors who make comments, or say anything at all, is often an interesting phenomenon for its complete lack of understanding or empathy.  They simply didn’t know, didn’t care or didn’t take the time (or all three) in showing any concern during the long struggle with the medical condition.

The key, however, in witnessing the residue, is with respect to the U.S. Office of Personnel Management – the Federal Agency that reviews and makes a determination on all Federal Disability Retirement applications.  For OPM, it is important to formulate a concise narrative in answering the questions on SF 3112A, Applicant’s Statement of Disability.  How much of the history; to what extent the minutiae and details of the past; and the precision of establishing the nexus between the medical condition and the job duties – these are all important in the proper preparation, formulation and filing of an effective Federal Disability Retirement application, where witnessing the residue may be a void too important to neglect.

Sincerely,

Robert R. McGill, Esquire

 

torney Representation for OPM Disability Claims: Equilibrium of life

What is the importance of maintaining one’s equilibrium of life?  The concept, of course, implies a “balance” of sorts, where there is an analogy of images that includes an orderly sequence, a scale that is suspended in the middle and not tilted to one side or the other, and a sense of calm and peace that pervades.  To be “out of kilter” is to have a loss of equilibrium; and somehow to embrace extremes is to manifest a loss of control.

We all lose our equilibrium of life, whether daily, weekly or in more tandem steps of ordinary outcomes.  Sometimes, it is something that someone said at work or just as you leave your house that “throws you off” and gets you into a “bad mood” and out of sorts; or, other times, it is some reminder that triggers something from one’s past, and places one in a foul mood for days on end.

The cottage industry of self-help motivations is alive and well; of acupuncture, therapy, the gym, corporate motivational speakers, healthy diets, unhealthy diets, quiet meditation, protracted yoga, pills for medications, sounder sleep cycles, changing one’s language to reflect a “journey” of sorts, religious fervor, causes to die for, therapy pets, guard dogs, and just plain dogs that come and give you unconditional love…these, and many more, allow for one’s equilibrium of life.

Whether we pay for it daily, weekly, monthly or yearly; whether the money is well-spent or ill-conceived; the goal is always, however you want to characterize it and in whatever manner the language game is cited, the result that is sought is all the same: equilibrium of life.

Then, hopefully, if even then, on one’s deathbed, one can shrug one’s shoulder as one is hooked up to complex life-support systems, and declare to one’s loved ones: “The key to the universe in order to attain the equilibrium of life is…” and gasp out one’s breath, not having had the life left to complete the sentence, and leaving loved one’s and those trying to listen in on the pearls of wisdom otherwise untold, and leaving everyone else out in the proverbial cold.

Perhaps there is a “key” to life that results in one’s equilibrium of life; or, not.

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, the equilibrium of life is often out of sorts, out of kilter and off-balance, precisely because one cannot focus exclusively upon one’s health and maintenance of life’s blessings.

Filing a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may not be the “key to the universe”, but it is at least an initial, if small, step towards regaining the equilibrium of life.  And that, however small and miniscule an achievement, is at least a first step towards putting the key to life’s problems on layaway and looking with anticipation towards the proverbial light at the end of a tunnel.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation Federal Disability Retirement: Biding time

Inmates in correctional facilities do it; criminals in wait; patients in doctor’s offices who have been informed that there will be a short delay because of an emergency procedure that the physician had to attend to; and most of us in general who live life anticipating disasters, tomorrow’s unfortunate events or the next day’s calamity to come.

We all bide our time in living our lives, and it is the time of biding that is wasted away until, near our deathbed, the expected outcome of disaster never came, the calamity never developed and the corrosion of life never materialized.  It is one thing to wait on another person; another altogether to engage in the patient virtue of sitting motionless or passing the time away in anticipation of something beyond; it is quite another, and perhaps unique, that human beings actually actively engage in the activity of “biding time” in order to start a process.

Vengeance often takes biding of time; planning for a future definitely requires biding time; and old men and women in nursing homes have nothing better to do than to bide one’s time.  To live life biding time, even at the horizon of one’s twilight in elder states of despair, is no way to exist.

For Federal employees and U.S. Postal workers who are beginning the process of, have already begun the procedural steps to, or otherwise are in the middle of the administrative process of preparing, formulating or filing a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the key to “biding time” during this complex administrative process is to have “a plan”.

It is a long, arduous, difficult and time-consuming process.  Even after it is successfully filed, the time waiting upon a decision just at the First Stage of the administrative process can now take a very, very long time, and how one plans to bide one’s time during this long process is something one needs to consider.

Will you remain on LWOP during this time?  Will you resign, get terminated, and will you work at a private-sector job while waiting for OPM’s decision?  Will temporary loss of health insurance be a consideration?  If it is denied at the Initial Stage of the Federal Disability Retirement process, will that mean that you can endure the lengthy second Stage, the Reconsideration Stage?  And if you have to go and have a Telephonic Hearing before an Administrative Judge at the U.S. Merit Systems Protection Board, which will take a minimum of 120 days beyond, will that still be within the plan of attack in biding time?

Hopefully, one’s Federal Disability Retirement filing with OPM will go smoothly; but in the event that all of the proverbial bumps on the road are encountered in your particular journey, it is important to consider the extent of biding time during the process.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Just another bystander

There are primary characters, ancillary or peripheral personalities – and just another bystander.  Similarly, in personal relationships taken from a subjective “I” viewpoint, there are “close family members” (i.e., normally identified as the core within a nuclear family), “extended family”, and then there are “friends and acquaintances” — and just pure strangers.  Of course, the Internet, Facebook and other electronic devices have somewhat changed and altered the landscape of such relational directions, but we still know what it means to generally be “just another bystander”: to be out of the proverbial “loop” and perhaps observe, but otherwise uninvolved in the lives of those around, passing by or in the midst of a crisis developing.

Thus, when an accident occurs, a tragedy unfolds or a crisis develops, there are those who are referred to as “just another bystander”.  Or, if by tragic circumstances, that “bystander” becomes a victim either by happenstance or through “collateral” damage wrought upon surrounding neighborhoods, people, etc., we may refer to that person as an “innocent bystander” – as if the imputed adjective adds something more appropriate to engender empathy or description of haphazard events by which people can be randomly hurt.

Or, if intervention or interference imposes upon a situation by events unfolding, such an identification may be referred to in the past tense, as in, “He was just another bystander when event X occurred, and then he ran into the melee and helped the victims by…” In other words, by becoming “involved”, person X absolved himself by his very actions and thereby negated his prior status as a “bystander”, innocent or not.

The fact is, most of us are bystanders for most days of our lives; we walk through neighborhoods, streets and buildings inhabited by others, where others are engaging in commerce, relationships and interaction of daily living, and others, as well, are mere bystanders as they walk past us and bypassing our subjective interludes.  We expect others to maintain that status unless otherwise needed, and we retain with comfort such status in the courteous behavior towards strangers otherwise unnecessary for further interaction.  The problem becomes when we become bystanders within the role of our own lives.

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, remaining a bystander when it is necessary to become an integral part in determining your own future is often a problem of self-will.  Watching the lives of others pass by is one thing; watching your own life pass by means that you are just another bystander when being a bystander is not the appropriate role to play.

Filing a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the necessary next and proactive step in determining the future outcome of events unfolding. The medical condition you suffer from is already the “event”; what you do next will determine whether you are the primary character or a bystander – or, worse, an “innocent bystander” who then is referred to in the past tense.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employee Medical Retirement: The source of despair

There are searches for origins and those for solutions, regardless of the source.  One hears about the “source of the Nile” or of the Mississippi river; or of the origin of the species, how Man came about to become who he or she is, why and what of the destination.  To ask, “From where?” is quite different from the query, “How?”  The former inquires as to the source of X, while the latter is more concerned with the rationality behind the origin.

There is thus a difference between the physical or spiritual source of the matter as opposed to what Aristotle deems as the fundamental principle that explains the ultimate and elemental foundations. For example, for Federal and Postal employees 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 question one might ask may concern the source of one’s despair.  Is it the medical condition itself?  Likely.

But is there a more fundamental principle – like the work that one engages in, the harassment and pressures one is exposed to, etc., that better addresses the concomitant query concerning the “how” question?  The origin of one’s despair may be due to the medical condition one suffers; but if one could focus and prioritize upon one’s health, would that not “solve” a great portion of the despair itself?

In order to do that, it is often necessary to prepare, formulate and file an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, precisely because the source of despair cannot be searched for within a vacuum of a medical condition exclusive of all other contributing origins.

There is, in addition to the medical condition, the realization that one cannot continue with one’s chosen career with the Federal Agency or the U.S. Postal Service because you are no longer able to perform one or more of the essential elements of the Federal position or Postal work; and, further, a contributing factor may be the stress and pressure placed upon the Federal or Postal employee by the workplace itself, the hostility shown and the adversarial attitude of the Federal agency or Postal service.

Federal Disability Retirement may not be the full and complete solution to one’s source of despair, but it may be a necessary step in resolving the question as to “How” the burdensome source may be alleviated.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement for Federal Employees: That uncluttered mind

How do we remain so in this world of cacophonous and discordant barrage of sounds, images and the overload of information?  Is it even possible to remain as the quietude of mind within the meditative spirit of a Zen monk reflecting upon the pool of uncertainty yet contemplating the serenity of a mind’s eye?

The cluttering is deafening; and, with it, the anxiety, stresses and paralyzing fears that accompany the world writ so large and looming so fearsome.  The uncluttered mind is the one that, with singular focus, yet accomplishes goals in life, reaches destinations otherwise fraught with obstacles, and continues to grow and progress despite all challenges that impede its way.  Is it still possible to retain an uncluttered mind?  Can there be such a state despite the overburdening of a world obsessed with “connectivity” to one’s technological devices, where the staring into the void of one’s Smartphone, laptop or other such distractions can rarely be avoided?

We tend to think that we are the “exception”, and despite our slavery and slovenly attachment to the technological innovations of modernity, we make excuses and allowances for our own weaknesses – oh, I’m not really into that sort of thing; it’s just a tool that is necessary for a time; Facebook?  Twitter?  Nah, it’s just a hobby.  Yes, before long, we get sucked into the very crevices we once laughed at and scorned.  The uncluttered mind is indeed a rarity, these days.

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, the ‘clutter’ becomes exponentially quantified because, not only must one contend with the world of clutter, but the medical condition itself is an additional stress that must be faced.

This is a complex and complicated world, full of challenges and untold stresses.  To be able to maneuver through the bureaucratic maze of a Federal Disability Retirement process is itself a cluttered road of administrative complexities, and when one must contend with the medical condition itself – which is the primary purpose for preparing an effective Federal Disability Retirement application – the clutter of the medical condition itself becomes an obstacle, leaving aside the obfuscation and obstacles that the U.S. Office of Personnel Management puts up in the pathway towards success or failure.

Filing an effective Federal Disability Retirement application through OPM is a step towards reaching the goal of the uncluttered mind – of simplifying priorities so that the primary priority is that which is most important: One’s health.

Sincerely,

Robert R. McGill, Esquire