Disability Retirement for Federal Employees: Figuring it all out

We all try and do it.  Somehow, pride’s fall and the fool’s failure arrives by way of the solitary figure trying to go it alone.  Friendship never had a chance, and the neighbor’s mended fences never allowed for any conversation of depth beyond the wave of the hand or the occasional “hello, how are you” — punctuated by a quick about-face and racing with terror into the sanctuary of one’s home.

Figuring it all out on our own; walking about mulling over, obsessing into and turning it over and over, again and again; whatever the “it” is, that is where the focus of our attentions gain the greater amount of time and wasted efforts.

What is the “process” of “figuring it all out”?  Do we ask others — experts, perhaps, in respective fields where a lifetime of devotion to details has been contributed to and energy expended for — or do we just begin trolling the Internet and various websites, hoping that unsourced and unreferenced information “out there” will provide answers to questions of which we know not what to ask?

In modernity, where “facts” have now been conflated with unverified opinions, and where truth and falsity are all relative and justified as on an equivalency of values, it has become dangerous to “figure it all out” without some rational basis, some inception-point of a reference where even a remote semblance of simplified questions-and-answers can be gotten.

Life is complex as it is; trying to figure it all out can make the complex into a conundrum; and further, we must always come back to the age-old question:  It all depends upon what the “it” is (as opposed to what the meaning of “is” is), doesn’t it?

Fortunately, for Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition is beginning to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job — figuring it all out can, and should, begin with previewing and perusing “The Law” governing Federal Disability Retirement.

However, as there is much information — and misinformation — “out there”, be careful in believing what sources to rely upon, as there are many bumps and pitfalls in Federal Disability Retirement Law.  Consult with an attorney who specializes in Federal Disability Retirement Law; don’t try and “figure it all out” on your own, as it is an unnecessary and misdirected misadventure.

Only in the movies is it acceptable to “go rogue”; in real life, consulting with an expert is the best way to prepare, formulate and file an effective Federal Disability Retirement application, whether you are under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The never-ending series

Once upon a time, the three seasons of the sporting world seemed fairly defined into three neatly-trifurcated periods; of Summer to Fall for Baseball; Fall to Winter for football; Winter to Spring for basketball; and so the seasons followed the general consensus of a happy delineation for the enthusiast, the couch-potato and the sounds of rhythmic lull, where the major sports aligned in sequence upon the seasons of change like nature’s bugle that toots the horn with nary a break between.

Then, greed set in.  Advertising dollars could be extended just a few more days, perhaps even weeks, and maybe even into further months.  An extra “wild card” to be added; an “inter-league” period in the middle of the season; let’s also change it from the “best of five” to the “best of seven” — or, maybe for the future, the best of nine?  What difference did it make that seasons overlapped — with widescreen television sets and simultaneous multiple-screens streaming, one could watch regular-season games and season-ending series combined without missing a heartbeat or a blink that forgot the fumble of the century; we can “have it all”.

Then came the problem of “soccer” — that hated foreign-born immigrant that kept insisting upon pushing into the American conscience, mostly through the public schools that boldly continued to inculcate our kids with an incomprehensible game that wouldn’t let a person do that which instinctively we are all born to do — of touching the ball with one’s hands.  What kind of a sport doesn’t allow you to hold the ball and run with it?

Basketball requires ball handling, with letting go of it to move forward, except by milliseconds of palm-to-ball dribbling; football requires large hands that, until one grows older, results in that wobbly spiral that is laughed at and scorned; and baseball follows the snugness of the glove, the perfect pitch by the positioning of fingers upon the stitching that propels the beanball into a fastball or the sudden drop just as the batter swings to miss, and the thrill of the umpire shouting, “strike!”  To not even be able to touch the ball?  What kind of a sport is that?  And where does it fit in to the never-ending series?

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition prevents the Federal employee from performing one or more of the essential elements of one’s Federal or Postal position, the never-ending series may include three “major league” games — the Initial Stage of the application for Federal Disability Retirement; the second, Reconsideration Stage of the process, if denied at the first level; and the third stage — an appeal to the U.S. Merit Systems Protection Board.

There is, if necessary, a “Fourth Stage” — a Petition for Full Review before the MSPB; but like soccer and the never-ending series of the first three sports, the key is to make sure that proper preparation is completed for each of the stages of the process, before anticipating the outcome of any of the others; and like soccer and a Petition for Full Review, the best bet is to prepare well for any and all of the 3 stages of the process.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Application: Success

How is it measured?  What constitutes it – a subjective sensation, an objective judgment, or the loosely aligned combination of both?  Is it the quantifiable reaction of others, or the measurable amassing of possessions and the value of the gross aggregate?   Is the last one atop a proverbial hill of owning stuff what determines and adjudges the success of a person?  How does one analyze a life – at what age, in which stage of the slice, and is there a specific point on a pendulum or spectrum, or is it more of a linear continuum where specificity in a point of historical categorization should be resisted in favor of looking at a wider expanse of a ‘period’ evaluation?

We sometimes state with dismay, “Oh, what a wasted life – a bum at so young an age, into drugs, imprisoned and wasting away.”  Then, if it turns out later that the same individual became rehabilitated, worked on the “straight and narrow” proverbial path and “made a name for him/herself”, we revisit our earlier assessment and declare the individual as a paradigm of success.

Or, how about its corollary or opposite:  In youth, a paragon of defining what success means, a near-prodigy of everything hoped for:  College at the top of the class; great job; early earnings of astronomical proportions; mansion with servants by age 30; self-made billionaire (an aside and a quip, and food for thought:  a couple of decades ago, we only heard of “millionaires”; now, there are countless “billionaires”; and now we are on the verge of recognizing the first “trillionaire”; query – is it because there are such people, or is it merely the result that world-wide inflation has steadily made currency more and more worthless and depreciated, or is it a combination of both?); perfect wife, near-perfect children (2 and a half by statistical standards); and the conclusion at age 35:  Success.

Then, at age 45, divorce, the kids are mere nuisances, bankruptcy looms on the horizon and criminal prosecution for embezzlement is hinted and rumored.  Do we retract the former declaration, or do we bifurcate it by saying:  Well, he was successful for the first half of his life, not so much in the middle years, and became a bum, a criminal and a miscreant in his later years?  Is it the entirety of an individual’s life to be assessed, or sliced in neat categorizations bifurcated for convenience of excluding the negative in balancing out a person’s achievements, then defining the applicability of what “success” means by sectioning off and cordoning into parts determined by subjective prioritization?

Thus, the concept of “success” is difficult to grasp in a general sense when applied to a person’s life; as an event for targeting, however, it is often focused upon a singularity of outcome.

In filing a Federal Disability Retirement application, to be prepared, formulated and filed by, or on behalf of, a Federal employee or a U.S. Postal worker, the narrow issue of success is quite an easy concept to embrace.  Success is to obtain an approval from the U.S. Office of Personnel Management, a Federal Disability Retirement annuity.  Failure is to not receive it.  The  “middle ground” of uncertainty in coming to a conclusion is where it has been denied initially, but there are still further stages — the processing of Requesting Reconsideration, an Appeal to the U.S. Merit Systems Protection Board, as well as a Full Petition to the Board, and the final of all finalized steps:  an appeal to the Federal Circuit Court of Appeals.

There, it is somewhat more reflective of life itself:  Success is still within one’s grasp, but there is still some work ahead to redeem the short-term failure in order to end up in the consequential judgment of a final assessment.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employee Disability Retirement Benefits: When Curiosity Fades

It is that compelling feature for animals and humans alike (if one is to make a distinction between the two); of an innate sense for the extraordinary, and a need to figure out change, reveal the hidden vortex of anomalies, and uncover the mystery behind the curtain.  Shakespeare made reference to the known proverb in Much Ado about Nothing, and it was originally meant as a forewarning for those who meddle in other’s affairs; but it is curiosity, indeed, which maintains an evolutionary compulsion to strive forth, to manifest life and liveliness in the face of dull acceptance and loss of inherent inquisitiveness.

When other concerns begin to intersect and overtake, is when such features meant to enhance survivability and adaption begin to diminish.  Life and its exhaustive characteristics, especially in modernity, can result in the uncharacteristic feature of disinterest and dismay.  Whether the medical condition portends first, or the sense of abandonment in prefatory congealment, the fact is that life and its inherent stresses can be like a weight of seemingly insurmountable burdens crushing in its suffocating pervasiveness.

For Federal employees and U.S. Postal workers, the heightened stress imposed by increasing steps of adverse actions, punitive measures and letters threatening discipline and termination, can be daunting and devastating.  Dealing with a medical condition itself can be a full-time endeavor, and can sap the life, energy and reserve of vitality for even the strongest of individuals.

When the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s positional duties, it is time to take stock and inventory of one’s choices, which are normally limited to three:  (A)  Stay with the agency or the U.S. Postal Service, and allow for the progressive diminution of that peculiar trait called curiosity for life, (B) Wait for the adverse actions to increase in systematic advancement of punitive impositions, or (C) Begin the process of preparing, formulating and filing for Federal or Postal Medical Retirement.

The shell of a man did not become so in one fell swoop; rather, by incremental destruction, like a child taking apart a completed puzzle piece by piece.

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 often the first step towards regaining a piece of one’s sanity, one’s physical well-being, and one’s “wholeness” of being a human being; and contrary to the common perspective that curiosity killed the cat, it is almost always the exact opposite:  it is the Federal agency or the U.S. Postal Service which kills curiosity, which is the underlying force and beauty of a life worth living.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney: Incremental Destruction

It is the slow, destructive force of incrementalism which presents the greater danger in life.  Most people can respond to a full-blown crisis; those are events where the human chemistry of adrenaline flow and reactive thoughtlessness results in heroic acts as told in epic narratives.  But what of the slow and deliberate acts of daily sniping?  How well do we respond, and in civil discourse where physical challenge to such cowardly encounters is no longer acceptable, what does one do?

For the Federal employee and the U.S. Postal worker who must contend daily with supervisors, co-workers, managers, etc., in the deliberative incrementalism of destructive criticism, heightened hostility, and the slow churning of pressure by the drip-drip method of administrative sanctions, actions and reprimands, the cost of remaining in an atmosphere of toxicity is high, indeed.

When the medical condition begins to impact the capacity and ability to perform one or more of the essential elements of one’s positional duties, the Federal agency and the U.S. Postal Service engages in a fairly routine manner of acting — of ostracizing, impeding and obstructing.

One would think that, with all of the laws and public awareness concerning disability discrimination, that society — and especially the Federal sector — would be sensitive in the treatment of Federal and Postal employees who suffer from a medical condition; but, alas, civilization rarely progresses in response to genteel laws reflecting intellectual advancement; rather, they remain within the constraints of the origin of one’s species (hint:  the reference is to the Darwinian paradigm of evolutionary determinism).

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, is often the best choice remaining for Federal or Postal workers who must contend with the incrementalism of sure destruction.  For, in the end, one must always reflect upon the priority of values — of health, continuation in a toxic environment, and whether it is worth it in the end.

It may be years before the adverse effects surface, or mere months; but that is the legend of the age-old torture methods which are most effective; the ones who administer the pain have all the time in the world; it is the victim who must live with the consequences.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Calculus of Change

The title itself is somewhat of a tautology, for the branch of mathematics is defined as a study of change, divided into differential calculus and integral calculus; both, concerning the function and limits of mathematical constancy and potential quantum leaps for purposes of analyzing quantitative future applications.

We all assume some amount of change; if there is a differential to be considered, the rate of such change can be significant over an extended period of time, whereas the initial analysis can be a minimal irrelevancy.  It is the exponential rate of change applied over a lengthy period, which can produce change significant enough to enter into the calculus of future indicators.

Change is a recognized inevitability, though human expectation is often one of dependency upon the constancy of habituation and permanence.  We expect, when we open a door into a familiar room, for the interior decoration to have remained the same as the last time we entered; but who is to say that a spouse or family member did not, in the meantime, rearrange the furniture or put up new curtains?

Change has an inherent character of disquietude; it is the constancy of repetitive permanence which allows for solitary reflection and comfort.

Thus, for Federal employees and U.S. Postal workers who are contemplating 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 disruption posed by the change in one’s circumstances — of fiscal, professional, social, cognitive and physical (i.e., the mere act of going to work each day, etc.) — can be tremendous and traumatic.

In preparing and formulating one’s Federal Disability Retirement application, it is always a positive engagement of efforts to consider the calculus of change, and to not leave the alterations in one’s life in dismissive form as mere statistical irrelevance.

For, in the end, the biggest change of all has already occurred, in the form of an impacting medical condition which has prevented the Federal or Postal worker from performing one or more of the essential elements of one’s positional duties in the Federal or Postal sector; the rest is mere window dressing to the very essence of a changed life.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Law: The Fatigue of Profundity & Requirement of Repetition

Profundity is overvalued.  With the advent of the internet and information technology, the widespread dissemination of seemingly esoteric array of knowledge and know-how (yes, there is a distinction with a difference between the two), everyone is vying for the heard voice, and the break-out from the herd.  One becomes easily fatigued by seemingly deep insights, or “new” data and facts upon otherwise mundane concerns.

Repetition is considered as a trait of boredom; but the longer one lives, the more one recognizes that there is truly little new under the sun, and the apparent newness of X is merely a regurgitation of the old Y of yore.   But repetition does have its own uniqueness of value, and inherent strength of significance.  For, often, a person who turns the same corner as thousands, and tens of thousands before, may be encountering the next block for the first time, and what those before him or her did has little to no significance to the epistemologically privileged experience for that singularity of uniqueness.

Thus, for Federal employees and U.S. Postal workers who experience a medical condition, such that the medical condition begins to impact one’s ability and capacity to perform the essential elements of one’s job, the knowledge that many, many Federal and Postal employees before were able to file for, and get approved, Federal Disability Retirement benefits through the U.S. Office of Personnel Management, so long as one is under either FERS, CSRS or CSRS Offset, the comfort of which one may partake rests in the fact that one is not alone; yet, it is not purely a “repetition” of sameness but a genus of similarity; for, as each medical condition and every circumstance reveals a uniqueness which must be dealt with individually, so each Federal Disability Retirement case must be handled with care.

At the same time, however, it is of value to recognize that repetition of relevant laws, statutes and regulations, cited in the ordinary course of preparing an effective Federal Disability Retirement application, is necessary for success in obtaining the benefit.

From the standpoint of OPM, the fatigue of profundity comes in failing to view a particular case with “new eyes”; from the viewpoint of the Federal or Postal worker who is filing for Federal Disability Retirement benefits for the first time, it is the inability to recognize the requirement of repetition which often results in an ineffectual formulation of one’s case.

Sincerely,

Robert R. McGill, Esquire