OPM Disability Retirement: Urban decay and the relevance of rye

There is a reason why phoniness cannot survive or endure for long on a farm, as opposed to the urban decay of mass population centers; the animals won’t stand for it, and there is no one to be pretentious for, when hard work, sweat and toil replaces the incessant striving for acceptance, consumption and coercive condescensions.  It is not an accident that Caulfield spends his time in the decay of urban life, amongst people who display a duality of faces and concealed motives, while all the time dreaming of an imaginary existence in a field of rye, catching all of the children who may run astray in the innocence of their blinded youth.

It is because the pastoral settings of American lore have always had a fascination of timeless yearning; as only a few generations ago saw the destruction of most of human existence, before the Great Depression, the Dust Bowl, the desertion from rural countryside and mass migration from bank foreclosures and independence wrought and molded from self-sufficient living, so the age of modernity witnesses what the aggregation and amalgam of mass population intersection does to the soul of the individual.

Like the composite alloy which fails to fuse, the dental fillings crumble with time and decay by sheer inability to blend; the only means of survival is to pretend that all is well, that the ivory towers built, the emperor’s clothes which fail to fit, and the harmful toxicity which destroys — they all work, except behind closed doors in cubbyholes of private thoughts when the night no longer conceals and the truth of ugliness pushes to the forefront.

On a farm, or in the fields of rye where the crops must thrive and children may run in the innocence of their unpretentious exuberance, only the silent stares of barnyard animals look for judgment of purpose, and as pretending never gets the work done, so the need to put on a face of concealment does nothing but waste time and needless effort.

For the Federal employee or U.S. Postal worker who witnesses the daily bifurcation between truth and reality, sincerity and concealed hostility, it is the openness of a medical condition which often breaks down the barriers of pretentiousness.  Suddenly, you become the target of meanness unspoken, of harassment barely veiled, and small-mindedness partially concealed.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, looked upon this way, is really no big deal when contrasted to what has occurred just before the act of filing; for, the sores which erupted and the boils that ruptured, were already seething beneath a mere veneer of civility, and the actual submission of a Federal Disability Retirement application is to bring out the obvious.

Whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, the act of filing an effective Federal Disability Retirement application —  first through one’s Human Resource Office of one’s own agency if the Federal or Postal employee is not separated from Federal Service or the U.S. Postal Service, or even if separated, for not more than 31 days; otherwise, if separated for 31 days or more, but less than 1 year, then directly to the U.S. Office of Personnel Management — is to merely unveil the phoniness of niceties and civility engendered, but now to openly see whether the Federal Agency or the U.S. Postal Service will remain true to its promise of non-discriminatory treatment of a Federal or Postal employee with an identified medical disability.

And like the job of the catcher in the rye who stands guard for those wayward children innocently running through the fields, oblivious of the lurking dangers just beyond in the urban decay of unconstrained emptiness, it is the lawyer who admonishes with the laws to enforce, which often prevents the weakness of the nets that fail to catch that heavy tumble over the cliff of a bureaucratic abyss.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Wake-up Call

It can be requested pursuant to a prior arrangement or, with today’s technology, prewired on one’s own electronic device.  Time was when there existed an employed switchboard operator sitting in front of a pock-marked surface deftly inserting plugs of a dozen or more connections simultaneously, like an octopus whose coordinated extremities swirl about under and over with cross-purposed entanglements, pulling and inserting, with headphones half dangling, calmly stating, “This is your wakeup call.  Have a good morning!”

Then, of course, there is the other, more unwelcome meaning, of a negative connotation concerning an event or occurrence which portends of that which one may have always known, but only now realizes because of the impending doom.

For Federal employees and U.S. Postal workers, it may be the chronicity of the medical condition; or, the increasing outside pressures continuing to pile on, of leave-usage restrictions, suspension letters, placing you on a PIP, or the ultimate proposal of removal.

Whatever the proverbial wake-up call, it is time to prepare, formulate and file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset.   The call itself is merely the beginning of the process; there is the entirety and complexity to undergo, including the gathering of the compendium of medical documentation, the formulation of one’s Statement of Disability and the coordinating of all of the elements of the case, and then the submission and waiting.

The bureaucratic and administrative components of the process can sometimes appear to be archaic and somewhat anachronistic; but like the switchboard operator of yesteryear, the necessity of the service is never in doubt; it is merely the apparatus of change which remains relevant, and properly, and effectively preparing, formulating and filing for Federal Disability Retirement benefits is a mandate of action compelled by the wakeup call entitled “Life and the inevitability of change“.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Law: Loss of Meaning

What it is that motivates a person to achieve greatness; whether the factor of that which does, or purports to be, and to what extent the outward articulation of the elements of a driving force corresponds with the esoterically objective truth underlying the learned and expected statements for public consumption; these, we may never know.

Most of us engage in repetitive monotony of actions; whether by fear of societal retribution, the judgment of peers, a sense of responsibility and obligation; or, perhaps even by sheer ignorance and stupidity, where the instinctive drive is merely based upon the base hunger for accumulation of material objects; as self-reflection is rarely a consideration of serious intent, so the onset of what some deem a mid-life crisis is often nothing more than a pause in unthinking acts of greater thoughtless chasms in void and vacuity.

Medical conditions, and the impact of a debilitating injury or disease, can be the prompting nudge for change and upheaval. Whether because a medical condition forces one to consider a redistribution of life’s priorities, or merely because they interrupt the capacity and ability to continue in an unthinking manner; regardless of the motive, change becomes an inevitable consequence of an unexpected medical condition.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s positional duties, filing for Federal Disability Retirement benefits 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, is an option of limited choice.

For, as the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s job, so the dependency upon the agency to provide a “reasonable accommodation” is ultimately an act of futility.  “Reasonable accommodation” is merely that which is accorded in order to perform all of the essential elements of the job; it does not do away with any of the elements, and thus is rarely conceivable, and practically impossible to implement.

Federal and Postal workers who are prevented from performing one or more of the essential elements of one’s job, at least have the option of filing for Federal Disability Retirement benefits. Many in the private sector have no such benefit, and are thus left to disparate means and desperate devices.  Often, the onset of a health condition becomes a crisis of meaning, where the medical condition itself compels the Federal or Postal worker to question the meaning and value of one’s work and accomplishments.  But the loss of meaning need not occur as a necessary or inevitable consequence.

Federal Disability Retirement accords an opportunity of a second bite at the proverbial apple; there is life after Federal Medical Retirement for those who get beyond the long and arduous bureaucratic process, and the meaning of one’s existence need not be the harbinger of fate, but merely a door opened for future endeavors of thoughtful exercises and prioritizing of values.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability under FERS, CSRS or CSRS Offset: To Lose a Kite

It is that loss of innocence; of a childhood cut and let go, a bifurcation of sorts, where the fluttering tail fades into the misty distance of time past, eternity unfulfilled, and the present moment shattered by a loss not valued by economic standards, but by the negation of that which was, will never be again, and won’t be coming back. The loss of anything is valued by the attachment of human passion, the trembling fear of future consequences known and yet to be determined, and the expectation of a hope left as a residue of hard work and toil.

Do we remember that loss of a kite, at a critical moment in time when the champion of winds clapped and cheered as we controlled the destiny of an artifice so flimsy in manufactured quality and yet defying the aerodynamic laws of the greater universe?  Neither the Law of Newtonian physics nor the quantum theories compromising Einstein’s theoretical constructs could defy the persistence of levitational determination, coupled with a coil of thread in the stubby little hands of a child, with but a tug and a pull; and then, suddenly, it was gone.

Is not the future of an adult like that fleeting moment? What a qualitative difference a day may make; when once free of pain, then to experience the excruciating agony of debilitating onset; or where rationality and promise set the course for future happiness, only to be overwhelmed by fear, anxiety, depression and panic attacks. Life is tough; but when a medical condition intervenes and tears apart the very fabric of living, that compromised life becomes almost an unbearable mesh of a twisted cathartic of impenetrable jungles of psychological, physical and emotional turmoils. For many, there is no escape, and that snap of a thin reed which left the child’s hand empty of promise, is all that remains.

For Federal employees and U.S. Postal workers who have the minimum years of service under FERS, CSRS or CSRS Offset, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is often the best — if not the only — recourse out of a madness undeterred. Federal Disability Retirement is a benefit accorded to all Federal and Postal employees as part of one’s compensation package, and allows a person to stop working, receive what amounts to a lifetime annuity, while accruing more years in building towards a final retirement converted from disability retirement to regular retirement at age 62; and all the while, to live upon that rehabilitative plateau in order to attend to one’s health and well-being.

For, when a Federal or Postal worker is no longer able to perform one or more of the essential elements of one’s job, the choices become stark and limited: To continue in pain and agony; to walk away with nothing to show for one’s efforts and toil; or to file for Federal Disability benefits.

It is like the child who once felt the pleasure of life through the flight of a kite, only to experience the tenuous reed of promise when the snap of the thread leaves the twirling object uncontrolled and uncontrollable, left to the nuances of turmoil and trauma; but to move on is to forge a different path, with the echoes of regret howling in the memories of our childhood consciousness, never to be regained but for a semblance of fated warmth.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability under FERS, CSRS or CSRS Offset: To Fly a Kite

It is the epitome of a pleasurable moment, of engaging a mindless activity which spurs thought; and so to fly a kite is to soar with winds beyond our reach.  Does a life lived vicariously live life lifelessly?  As the flapping breeze at heights unreachable carries it airborne with but a thread to preclude its sudden spiraling away and into an abyss of telephone wires, treetops and treacherous heights of threatening snags, it is that hand which holds steady the coil of connection which controls length, movement, and steadiness of stability.

How tenuous is the reed of life?  When once youth masked the viscosity of existence, where mortality seemed but a yarn of empty rocking chairs and tall tells in the shadows of the flickering embers of a warm fireplace; and how the tenacity we maintained with vigor and vitality concealed those fears we harbored as we set about to conquer the challenges of an uncertain world; but when the fanfare subsided, and the promises of unspoken ceremonies fell silent before the finish line, the realization that life is but a short span of eternity where worth and value can be embraced only by measuring the momentary warmth of a hug or holding a gaze with a loved one for a millisecond beyond the practical, then does one finally achieve a balance of peace in a universe of turmoil.

The holidays tend to bring such realizations to the fore; so do medical conditions and their impact upon body, mind and soul.  If by “soul” we attribute, just for a moment, not that controversial component of man where existence beyond the ephemeral world of matter must by belief encompass eternity, but instead, the aggregate of man’s complexities:  of mind, physical body, consciousness, the heart and vegetative divisions, etc. — then it is indeed the totality of man who is impacted by a medical condition.

For Federal and Postal employees who find themselves with a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, the tenuous reed of life becomes exponentially magnified because of the stoppage of career, intervention of life’s goals, and interruption of all of the “things” that need to be done.  An interrupted life is like the proverbial ship without sails; the moorings have been damaged, and one senses a drifting without control.

Filing for Federal Disability Retirement benefits is a pragmatic step for the Federal employee or the U.S. Postal Worker who cannot perform each of the essential elements of one’s Federal or Postal position.  When a medical condition impacts a Federal or Postal employee, it is the pragmatic steps — the ones which can actually realize a practical outcome — which counts for something.

If you are a Federal or Postal employee under FERS, and you have at least 18 months of Federal Service, then you have already met the minimum eligibility requirement to file for Federal Disability Retirement benefits.  If you are a dinosaur under CSRS or CSRS Offset, then you have likely already met that requirement, anyway.  All that is necessary is to put together a case of proving that one’s medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, by a preponderance of the evidence.

For, in the end, it is that thin thread which guides the pleasure of flying a kite which stands between chaos and connectivity; letting go should not be the only option; it may just be a little tug which is all that one needs, in order to steady the flight of life and retain that childhood sense of invincibility.

Sincerely,

Robert R. McGill, Esquire

 

Expanding the Significance of Individual Federal Employee Disability Cases

Lawyers daily engage in it; courts are sometimes receptive to it; the public is rarely approving of it.  Expanding the literal language of a statute by reading meaning into words, phrases and conceptual paradigms not otherwise manifested or obvious in the words enacted, is a language game which some call intellectual brilliance, while others deem to be disingenuous or otherwise dishonest, to be blunt about it.  The “it”, of course, is the compendium of the expanded impact and relevance of consequences resulting from statutory language, some intended, others unintended.

Does it all result from the poor crafting of a statute?  Sometimes.  Is it expected in all statutory construction?  Mostly.  Can constriction, as the antithesis and corollary of an expanded interpretation, ever come about?  Rarely.  It is in the very nature and intuitive construct of a legal statute and inherent principle that expansion of that principle to include avenues and influences not otherwise originally intended is to be expected.  That is the very nature of a law.

Sometimes, legislators knowingly write a statute with intended wiggle-room precisely for the lawyers and judges to wrangle over.  What the general public fails to understand, however, is that each individual can be a singular guardian of the principle of expansion, in each case, with purposive intent and influences beyond, like tentacles on an octopus of fate and fleeting fairytales of justice.

Like the guardian standing at an entranceway, who hears a strange noise or movement emanating from beyond the periphery of his granted authority; how far should he venture?  To what extent should he be curious?  What parameters should preclude his investigation?

For Federal employees and U.S. Postal workers who are filing for Federal Disability Retirement through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, the subtle reverberations and almost imperceptible ripples from each case can never be underestimated.  The character of a case can only be properly compared by taking quantum leaps to cases from years ago; but clearly the benefits derived from prior cases, and precedents set from prior expansions of legal principles, cannot be denied.

The general thought is that individual cases represent merely a single raindrop in the expansive oceans of legal turbulence; but it is the individual case which can influence the compendium of legal principles through the unique argumentation of a previously unthought issue, brought in a light untold; viewed at an angle unstated.

Federal Disability Retirement is a parcel of law in a patchwork of quilts still being sewn; and each Federal or Postal employee who seeks to enter into the universe of laws, legal criteria and evidentiary significance, unintentionally walks into a cauldron of Federal Disability Retirement authorities which engulf and encapsulate statutes, regulations, case-laws and underlying legal principles.

How one uses them; to what extent one responds to the Standard Forms, which includes SF 3107 (for FERS) and SF 2801 (for CSRS and CSRS-Offset); and SF 3112 (for all three, FERS, CSRS and CSRS Offset); which evidentiary compendium is utilized; and the extent of legal argumentation and tools assuaged; all make a difference in expanding the significance of an individual case upon the greater universe of the feudal castle originally surrounded by a moat for protection, but where the guardian lowers the drawbridge and enters into territories hitherto uninhabited.

Sincerely,

Robert R. McGill, Esquire