Medical Retirement under FERS & CSRS: Our place in the world

One morning, we wake up and go into the backyard or, perhaps if one is living in an apartment, simply observe some trees or a little oasis of nature — a park; a clump of bushes situated in a grove of lawns coalescing; or just a singular mulberry tree that has grappled upon a cracked corner of the concrete jungle where some soil has erupted, surviving in the middle of a desert of the city’s impervious view; and a bird sits and sings.

We don’t think about the bird:  Does it know where its place is in the world?  Did it struggle as a young bird-ling to find its place, to “fit in”, to be “unique” and thus “special”?  No — it is just us humans who engage in that sort of thinking — of the awkward youth who tries to find his or her place in the universe; of going through those difficult years finding one’s place, one’s niche, and one’s solace in the troubled waters of one’s soul.

Are those merely foolish thoughts of a young person — do we all eventually grow out of it and return to the level of cynicism and conclude that it’s all bosh, and there is no such thing as one’s “place” in this cold and impersonal universe?  It is a safe haven, is it not, to remain as one’s father and forefather’s placement offered, and not have to think about one’s place independently and separately?

To that extent, birds and others who merely survive based upon instinct and thoughtless intuitiveness possess a survival advantage over those who must search and become affirmed:  There is no need to find one’s place, for that has already been pre-determined from generations ago.  Then, in later life, what does one do when one has lost one’s identity?  If you never searched for it to begin with, will it feel as a “loss” if you lose something you never attained in your own right in the first place?

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 position, part of the fear, angst and anxiety in initiating and proceeding with the process of Federal Disability Retirement, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is the loss of our place in the world.  For, that career that you worked so hard to sustain — whether in an administrative field, a technical niche or as an expert in this or that elite vocation — may have to either come to an end, or become modified to accommodate your medical conditions.

Your “place in the world” may become upended, and that is often a fear that must be confronted.  But like the hummingbird that seeks the nectar of life’s offerings, if health is not the first priority that makes it all worthwhile, then you’ve likely mistaken which priorities need to be first in line, lest you mistakenly think that your Federal Agency or the Postal Service will help you in the never-ending quest for one’s place in the world.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Claims: Cat’s Cradle

It is the complex game of strings wrapped around the small fingers and thumbs of each hand (or a modification of that contorted vestibule of human appendages), and where each player turns the cradle of the strings into greater complexity with each move by the other.

When children play it, the ease with which each turn of transforming the cradle of strings is a fascinating experience to witness.  When grown-ups do it — or, more accurately described, mess it up royally and invert the design into a an ugly bundle of irreversible entanglements that can no longer be played — the “overthinking” begins, the hesitation blockades and the uncertainty overwhelms.

It is always the grownups who mess up the beauty of the world’s designs, while children play it effortlessly, without conscious thought and with an innocence of proceeding that reveals much about what happens to an individual when you “grow up”.

Of course, we all have to grow up.  It is a sad inevitability.  That is why when the stunted individual who never quite got over his or her high school years, and still to this day talks about that grand finale of his senior year where the glory days of football, parties and friendships that were promised to last forever — that these frozen images yet remain so many years later as the pinnacle of one’s life and achievements — we shake our heads sadly and wonder at the fragile nature of man’s folly.

Cat’s cradle is the metaphor for much of life itself — of how simple childhood is, and yet so complex like the strings that bind the hands that create.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of the Federal job, the time to “think” about the next move — like the overthinking grownup who is asked to take the next step in the game of Cat’s Cradle — may seem complex because of its very simplicity.

There is the future to think about, and all that comes with it.  One’s career, health and future security are all entangled within the strings that wrap around and throughout one’s life, but the question that remains is similar to the conundrum of a Cat’s Cradle — is it you who will make sure that the next design of strings will turn out “right”, or will you leave it up to the Federal Agency or the Postal Service to determine your future course of actions?

Filing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is a complex administrative process —much like the tangle of strings in a Cat’s Cradle —but it is the simplicity of deciding that will make all the difference as to whether the next move will be a successful one.

Sincerely,

Robert R. McGill, Esquire

 

Levels of Argumentation in OPM Disability Retirement

In a perfect universe, logic should prevail and the superior argument would be identified, recognized and accepted.  In a less-than-perfect universe (the state in which we unfortunately find ourselves), pragmatic factors involving power, authority, competency and non-substantive, peripheral issues must always be considered, and incorporated accordingly.  In the “unofficial rules” of argumentative methodology, three elements must be present:  (A) The ability and capacity to recognize a superior argument, (B) the willingness to concede one’s own inferiority of the proffer, and (C) acceptance of one in replacement of the other, which is to admit and submit.

In modernity, however, loudness and persistence, even without a basis in systematic logic, will often prevail, and one need not accede to a different position so long as ownership of the microphone or loudspeaker is never contested.  Which brings us to the pragmatic realities of the Federal Disability Retirement application, and the denials issued by the U.S. Office of Personnel Management.  First, it is important to recognize that all denials of Federal Disability Retirement applications by OPM “sound like” they are based upon “the law”.  They are meant to appear that way.  But are they?  If read too carefully, the internal inconsistencies, the lack of logic, and the repetitive nature of declarative conclusions without any supporting methodological argumentation will be quite evident.

How should one approach and rebut such a decision?  Does each and every point brought out by the “administrative specialist” need to be addressed, or just the “main points“?  Should the rebuttal arguments form the basis of the step-following the Reconsideration Stage of the process of attempting to obtain Federal Disability Retirement benefits — the U.S. Merit Systems Protection Board?  Are there any repercussions for not addressing each of the “points” delineated in a denial by OPM?

These, and many other questions, should be addressed by a Federal lawyer who is experienced in handling OPM Medical Retirement applications through the U.S. Office of Personnel Management.  For, as some Federal or Postal employees attempt to begin the process of filing for Federal Disability Retirement benefits without the aid, guidance, counsel and assistance of an OPM Disability attorney, when a denial of the Initial Stage is received from OPM, more extensive analysis and “corrective” efforts may be required.

And those three elements of argumentative methodologies discussed herein, are they relevant to the process?  Perhaps.  But OPM is a powerful and large bureaucracy which holds the future security of Federal and Postal employees in their hands, and a denial by OPM must be taken seriously, both in substantive form and qualitative content.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Comparative Living

We all engage in it; it is the genre of modernity by which one values and estimates.  With the shrinking world through sharing of information in this technological age, the greater minds have proposed that poverty can be erased and world hunger can be eradicated.  But in the reality of the microcosmic world of daily living, it has allowed everyone to peer into the living rooms of all, and in the process, the heightened camaraderie through shared information has become exponentially magnified.

There are positives for every change; but then, the negatives quickly follow.  Comparative living results in having a rigid sense that a linear form of life must be embraced, at all times, in all circumstances, and anything out of the ordinary constitutes failure of the first order.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition impedes and interrupts the planned flow of one’s life, and where the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s job, consideration must be given to a changed life outside of the realm of comparative living.

Federal Disability Retirement is a benefit which allows for the essence of that which is most important:  focus upon treatment of the medical condition; prioritizing of that which is of the greatest impact:  health, life, and securing one’s future.  What other people do; how others think; where others are going; they all become comparatively of little worth.

For the Federal employee and the U.S. Postal worker who suffers from a medical condition, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management must be the focal point in securing one’s future, and any comparison of one’s life to others who continue on with their linear goals in a world consumed with measuring worth against everyone else, must be cast aside to secure the reality of a present need.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: Dawn’s Transition

In the calm of morning darkness, when the stillness of winter whispers a hushed tone of quietude just before the first break of dawn, one’s perspective falls askew amidst the shadows and desolation of winter.  Is that a rock or a dead bird, frozen in the stillness of winter’s despair?  Was the movement behind the trees a reflection, or just the first faintness of dawn’s exposure?  Perspectives are funny glazes; a once familiar landscape can be frighteningly unfamiliar within the dark chasms of one’s own mind.

Then, almost imperceptibly, the light of dawn begins to pervade, and that which once appeared strange and foreboding, takes on the familiarity of known objects, recognizable forms, and identifiable shapes.  We live by light, and light is the friend of our fanciful imaginations gone awry by fear and loathing.

Medical conditions have a similar subtlety, much like the light of dawn:  they slowly creep upon one, until the debilitating impact is revealed when just a moment before, the fear of darkness was overwhelming.  But just as the morning glow of the rising sun will bring warmth and a promise of openness, so the hope underlying any conflict in life must be placed within a context of future castings.  Hope is for the future, as light is a diminishment of a present or past darkness.

For Federal employees and U.S. Postal workers who suffer from a medical condition,  present circumstances are often like the overwhelming and foreboding sense of morning darkness before the dawn of the rising sun; it portends yet of a future unknown, and a fate yet to be decided.  That is why it is important to “let go” of those things of which one has no control, and concurrently, to affirmatively take steps towards the familiarity of that which is known.

Federal Disability Retirement benefits, filed through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is a “known” quantity.  Yes, it is a difficult administrative process and procedure to engage; yes, it is a bureaucratic morass of unquantifiable proportions; but it is a necessary step for those Federal or Postal employees who find themselves with a medical condition which begins to prevent the Federal or Postal employee from continuing in the positional slot of one’s Federal or Postal job.

As the allegory in Plato’s Republic tells the story of the enslaved shadows struggling in the darkness of the Cave, so the Federal or Postal employee who looks up at the opening beyond, to the light of dawn, must surely recognize that the fear and loathing felt in the shadows wavering in that moment before dawn’s glory, is but a temporary point in fate’s cradle, just before the brightness of one’s future is revealed in a time and place yet to be destined for the glory of summer.

Sincerely,

Robert R. McGill, Esquire