Federal Employee Medical Retirement: Deprogramming a Preconditioned Approach

The preconditioned attitude of the general public is that, if X has a medical condition, then such medical condition, by the very nature of the condition itself, will either entitle one to benefits, or not.  Such an approach is what one is conditioned to expect — that by the very nature of the medical condition itself, means that it will either lead to, or not lead to, a specified result.  This viewpoint and approach is based upon a definitional standard, where the very essence of what it means to suffer from X already predetermines whether one is eligible and entitled to benefit Y.

Social Security assumes such an approach.  To some extent, so does OWCP, because the Department of Labor is willing to pay a certain amount of compensation based upon a predetermined calculus of a percentage rating, for loss of limb, loss of use, loss of functional capacity, etc.

This is why Federal and Postal employees who first contemplate preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, will attempt to tie the fact of having a medical condition with the question, “Does this qualify me for Federal Disability Retirement benefits?”  But that is the wrong paradigm to use in asking the question.  For, eligibility for Federal Disability Retirement benefits from OPM is not based upon a definitional ascription of a medical condition; rather, it is that “third element” — the connection between X and Y, X representing the medical condition and Y standing for the positional duties which the Federal or Postal employee must engage.

In many respects, Federal Disability Retirement answers the philosophical question which David Hume asked:  Is there a necessary connection between cause and effect?  For Federal Disability Retirement purposes, the answer is a resounding “yes”.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The Unending Cycle of Relapse

It is merely from a perspective of combined incrementalism with an admixture of hope and self-delusion that people talk about a “relapse”.  The plain fact is, most medical conditions follow a fairly predictable and linear path of progressive deterioration, with critical junctures of static chronicity, and marked by charted moments of quietude interrupted with a fury of vengeful prose.  If a business graph were to depict the pathway of most medical conditions, the ups and downs of the jagged lines would mesmerize and confuse us with contemptuous puzzlement.

We assure ourselves that we are “getting better”, when all the while we continue to ignore, procrastinate, explain and justify all of the indicators and warning signs of downward decline.  An increase in the medication regimen, explained by mere temporary need; greater pain, with reference to some minor activity recently engaged in; and so the self-justifying conundrums are thrown as explanatory deliberations, when the bodies suffer so despite the words offered as sacrificial animals to the gods of thunder.

For Federal employees and U.S. Postal workers who suffer from a medical condition, this phenomena of parsing words despite facts which fly in the face of reality, is often born of necessity and a false image of self, society and servitude to the “mission of the agency” or the Constitutionally-born importance of the U.S. Postal Service (circa Benjamin Franklin, thank you).  But health has a funny way of  defying self-justifications of ineffective prose, and poetry and thought never curtails the unending cycle of relapse, precisely because what we do to our minds, bodies and souls accounts for little when misuse and unintended abuse prevail.

For the Federal employee and the U.S. Postal worker who fails to make one’s health a priority first, then all other considerations of secondary import, the need 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, often becomes a victim of such unending cycle.

To suffer a “relapse” is merely an attempt to justify that which the body or mind was merely telling you all along.  Yes, sometimes the quiet whispers in the deadened silence of night can be ignored and disregarded; but it is those haunting quietudes which perturb and disturb despite our best efforts to ignore, which roar back to engulf us when least we expect.

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

 

Federal Employee Disability Retirement from the U.S. Office of Personnel Management: Procedural Hurdles

Bureaucratic complexities have become a part of everyday life.  When societies become entrenched in administrative procedures, where the process itself is paramount over the substantive goals intended to achieve, and the proper filing of standard forms cannot be ignored lest the conformity of all is undermined by the exception of the singular; then, it is declared that progress has been made, the height of civilization has been achieved, and the pinnacle of human inventiveness has been reached.

Whether one agrees with the satire of bureaucratic conundrums or not, the reality is that the inherent complexities of government must be contended with, and attempting to subvert or otherwise evade the necessity of completing standardized procedural methodologies is an act of futility bordering on rebellion.

For injured/ill Federal employees and Postal Workers who must consider filing for Federal Disability Retirement benefits, whether one is under FERS or CSRS, or even CSRS Offset, the importance of overcoming procedural hurdles cannot be overstated.  SF 3112A, SF 3112B, SF 3112C & SF 3112D must be completed for all Federal and Postal employees filing for Federal Disability Retirement benefits, whether one is under FERS, CSRS or CSRS Offset; and for FERS Federal and Postal Workers, one must also complete SF 3107 (as opposed to SF 2801 for CSRS & CSRS Offset Federal and Postal employees).

And, while there are ways to provide additional addendum information beyond that which can fit within the neat spaces provided on the standard forms themselves, nevertheless, it is necessary to follow the rules and abide by the bureaucracy of conformity.  Yes, administrative hurdles are a headache and a difficulty to overcome; but, no, you cannot ignore them, as the reality of administrative and bureaucratic headaches is a constancy we must live with in a society deemed to be the pinnacle of human achievement and progress.

Sincerely,

Robert R. McGill, Attorney

 

OPM FERS/CSRS Disability Retirement: To Whom Do We Owe Our Allegiance?

Whether allegiances are formed by a natural predisposition to an innate need to “belong”; or, as human beings are essentially social animals with a historical essence embracing a herd-mentality, it is a natural component within the personality, characteristic, and in-born psyche of our society that we crave a macro-personality above and beyond the micro-being of our individualism.

We give our allegiances freely, without thought, and with nary a price to be paid.  It happens naturally, within the context of our personal lives, our families, friendships, and in the employment arena.  One enters into a position, and before one is even aware of the potential consequences and pitfalls, you are deemed to be part of “that group”, under the mentorship of X, or suspected of surrendering your fealty to a particular management.

For Federal and Postal employees, whether under FERS or CSRS, such unthinking loyalty occurs almost immediately upon entering the Federal sector and workforce.  But one quickly learns that such mindless fealty is a unilateral embracing of an age-old puzzle: of what benefit does one accrue, and how strong is the fealty when tested?

The Federal and Postal worker who suffers from a medical condition, such that the medical condition impacts one’s ability to perform the essential elements of one’s job, quickly finds that “loyalty” to the organization is a unilateral concept, and never bilateral, where the agency owes anything back to the individual Federal or Postal employee.

That is when one begins to ask the question:  To whom, and for what, do I owe such unwavering loyalty?  It is only when this question is asked, that the Federal or Postal employee begins to look out for his or her own best interests.  Federal Disability Retirement benefits are available for those who find that the loyalty once relied upon is merely an empty chasm of broken promises and returned emotional items of defective goods; and the herd which once appeared to protect, is acting suspiciously like a predator in waiting.

For the Federal or Postal Worker, whether under FERS or CSRS, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is not a violation of one’s fealty to the agency; such blind loyalty, one must understand, never existed, except in the creative mind of a bureaucracy which dresses in wolf’s clothing in order to lure one into the trap of self-immolation.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement Benefits: Progressive Deterioration

The concept of progress normally implies a positive trajectory of events; but when combined with a negative idea, it reverses the trend.  To deteriorate in a progressive manner is to turn the concept on its head; it results in the upward trend spiraling downward; it reverses what should be, and transforms the positive into a negative statement.

The progressive deterioration of a person’s health can be an insidious, incremental and slow trending of the state of one’s being.  For the Federal or Postal employee who is experiencing such a phenomena, that experiential state of being becomes compounded with decision-making events which only exacerbates and complicates:  Am I taking too much time off from work?  What impact will this have upon my agency? How will the work get done while I take off?  What will be the response by my agency?

Such questions must always be in the context with the progressive nature of one’s medical condition — will it be a chronic and intractable deterioration, or will the negative trend at some point be reversible?

Cessation of the trend itself might be the acceptable point of positive inclination; reversing the trend in order to become better, healthier, stronger, etc., would be the greater goal.  But if the trending sees no end in sight, then considerations for the future must include the reality of filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS.

The linear trending of decline is the indicator of those peripheral future actions which must be concomitantly taken, in order to help support the negative trend.  Filing for Federal Disability Retirement benefits through OPM is a parallel course of action in order to support the trending declination, and one which should be considered in a timely manner.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Pragmatism & Angst

Pragmatism is a peculiarly “American” brand of philosophical outlook and approach; unique because it reflects the character and personality of the general population, of looking at things not in terms of understanding it, attempting to discern the underlying essence beneath the qualities and appearances; rather, to look upon success in terms of workability.

To that extent, the European sense of “angst” is often missing in the American character, because there is amiss a sense of struggling over knowledge concerning the substance of a thing.  Such an approach brings to fore the reputation that Americans are merely celebrated merchants, coming to the marketplace to trade and barter, with nothing profound to say or add.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, one can ruminate over the potentialities which lead to a denial of a Federal Disability Retirement application to an extent where one become paralyzed by the possibility.  At some point in the process, pragmatism must trump the angst.  Too many self-corrections can lead to immobility and paralysis of thought and action.  Perhaps there does not exist the “perfect word” or “complete sentence” which adequately describes one’s physical pain, mental confusion, or the nexus which describes how one cannot perform one’s job.  It is likely that no one at OPM will ever fully comprehend the terrible ordeal which the Federal or Postal Disability Retirement applicant is going through.

While many are immigrants from the “old country”, the great thing about arriving to the “new country” is that the angst which once was, is now left behind.  Sometimes, it is time to become pragmatic, and simply file.  Most things can be further supplemented and amended at a later date.  That is the beauty of America — of having second chances over and over again.

Sincerely,

Robert R. McGill, Esquire