OPM Disability Retirement Attorney: Out to Pasture

There is a natural proclivity by the previous generation to resist the transference of authority before its designated time; the conflict arises not as to the inevitability of such change, but rather as to the appropriate context, procedural mechanisms instituted, and the care and sensitivity manifested.  And that is often the crux of the matter, is it not?

The brashness and lack of diplomacy and propriety; the insensitive nature of youth in trying to take over before paying one’s proper dues; and a sense that the young are owed something, without paying the necessary price through sweat and toil.  And the older generation?  From the perspective of the young, they are often seen as intractable, unable to face the reality of the inevitability of generational transfer; the ideas once seen as new and innovative are mere fodder for laughter and scorn.

Such treatment of those on their “way out” are often given similar application for Federal employees and U.S. Postal workers who show a need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.  Such employees are viewed as those being “put out to pasture”, and as something less than human, partial in their worth, lacking of completeness, and needing to be shoved aside to make room for the healthy and fully productive.

Resentment often reigns; the insensitivity of the approach of agencies in their bureaucratic indifference is often what prevails; and once the exit is complete, those who were once the warriors and conquerors of yesteryear, are mere vestiges of forgotten remembrances of dissipating dew.

Always remember, however, that there is another perspective than the one which is left behind.  For the Federal or Postal employee who is put out to pasture by one’s agency, there is new ground to break, fresh challenges to embrace.  The pasture that one enters need not be the same one that the former agency considers; it is the one which the Federal or Postal Disability Retirement annuitant plows for himself, and whatever the thoughts and scornful mutterings of that agency left behind, they now have no control over the future of the Federal or Postal employee who has the freedom to follow the pasture of his or her limitless dreams.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Of Vultures Riding the Currents of Time

Watch the vultures float the currents of time, gliding high above, awaiting a trail of destruction behind.  Universally, across the globe, they have similar outward appearances; with wide wingspans for the ability to soar and patiently await high above, watchful for death and decay to progressively come to fruition.  Is it the scent of decay, or the fading gaze of death which attracts?  Or, perhaps, weakness and state of debilitation has a natural aura which draws?

The weak among us becomes a magnet for prey; the scavengers of time become the savagery of timelessness.  Despite our declaration for civility and sophistication, the brute essence of man comes to the fore when elements of weakness manifest. Sympathy and empathy constitute window dressings for civilization’s social contract; a concession to effeminate yearnings voice that of the spectacled class.

Look at the brutality of Federal agencies when once a Federal employee or a U.S. Postal worker announces an intent to file for Federal Disability Retirement benefits.  Suddenly, the skies are filled with gliding wingspans of watchfulness.  No one seemed to care before; now, the sunlight is blocked by widespread fans of feathery flurries.

Federal Disability Retirement is a rightful benefit which can be asserted by any and all Federal and Postal employees who have the minimum of Federal Service (18 months for those under FERS; 5 years for those under CSRS).  But as with every contingency in life, there are residual consequences in filing for a benefit, and such resulting ends will often involve the hostility of the Federal agency, the sudden shying away by one’s coworkers, and a subtle (or not so hidden) loss of camaraderie among peers and supervisors.

But what are the choices? For the Federal and Postal employee who suffers from a medical condition, such that the medical condition begins to prevent one from performing one or more of the essential elements of one’s positional duties, filing for Federal Disability Retirement benefits is the path to escaping the slow and progressive deterioration of one’s health condition.

That the vultures may circle during the wait, may be an inevitable consequence; what one wants to prevent, however, is for such creatures to land and begin the pecking process of maggot-laden flesh.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Twilight’s Landing

Sleep is often the category of escape; restorative sleep, a palliative prescription for a medical condition.  Upon closing one’s eyelids, the images which pervade from the day’s stimuli slowly recede as the dark chasm of one’s own consciousness begins to fade, and sleep begins to overtake, leading us into that shadow of twilight’s landing.

It is when chronic pain, discomfort, and the gnawing neurons which fail to relax but continue to send signals of dismay and distress, that the world of wakefulness and the dawn of sleep fail to switch off; or the continuing anxiety, depression or panic attacks control and jolt one into the awareness of darkness.  Medical conditions have an impact not only upon the daytime soul, but in the sleeplessness of non-sleep as well.

For Federal and Postal workers who are formulating a Federal Disability Retirement application and preparing one’s Statement of Disability on SF 3112A, one aspect of the descriptive narrative which is often overlooked, both by the doctor as well as the Federal or Postal applicant, is the role that profound fatigue plays upon performing the essential elements of one’s job.  While often implicitly stated or otherwise inferentially contained, explicit extrapolation is important in order to convey all of the elements of one’s medical condition and their impact upon the Federal or Postal employee’s inability to perform one or more of the essential elements of one’s positional duties.

Perhaps one was reprimanded or suspended for “sleeping on the job”.  Was it mere laziness, or was the underlying medical condition the intermediate cause of an act or event otherwise seen as an insubordinate statement of defiance?  Reasons and rationales provided make all the difference in this very human universe of language games and counter-games.  For, in order to effectively submit a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal Worker is under FERS, CSRS or CSRS Offset, the important thing is to make sure and sufficiently describe and delineate the primary and secondary causes of one’s underlying medical conditions. This includes the inability to have restorative sleep, the profound and intractable fatigue one experiences, impacting upon one’s daily cognitive functions, etc.

Otherwise, the medical conditions are not adequately conveyed, and when one goes back to sleep in attempting to reach that twilight’s landing, the difficulties of the world will be magnified by another potential problem — a denial from the U.S. Office of Personnel Management, of one’s Federal Disability Retirement application.

Sincerely, Robert R. McGill, Esquire