FERS Medical Retirement Benefits: Forever and a Day

The concept itself is a conundrum; it is to emphasize the extension beyond eternity when eternity itself cannot be extended by self-definition.  The “add-on” of the extra day provokes the idea that it goes just a little further than that which we can comprehend; and yet, we can barely, if at all, comprehend the concept of “forever” itself.

For certain ideas, can we “feel” concepts better than we can “understand” them?  That, in and of itself, of course, is a puzzling concept; for, words, ideas and concepts are posited to intellectually comprehend as opposed to applying an emotive conceptualization of it.  To “feel” that you understand a word or a concept is quite different from comprehending it intellectually.  Yet, doesn’t the idea of “pain” fit into that category?

A person who experiences a great deal of pain may not be able to understand it, and yet he or she “feels” it, and in the very existential experiencing of the phenomena, comprehends it better than the person who merely reads about it but never experiences it.  Furthermore, the person who “understands” pain has a greater comprehension of the phrase, “forever and a day” — for the two are similar in experiences; the one is a medical condition that can barely be described; the other, a concept of existence that is similar to unendurable pain.

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 job, the feeling that life has become “forever and a day” is a familiar one, precisely because of the unendurable stresses inherent in trying to balance work, home, the medical condition and the growing stresses of it all.

Filing for Federal Disability Retirement under FERS is a step towards realizing that days do not need to become lost in weeks, weeks into months and months into years, where the pain or other medical condition, physical or psychiatric, must by necessity be an unendurable conflagration of existence.

FERS Disability Retirement is a means to an end — the end being, having the time and energy to focus upon one’s health; the means, to retire medically from a situation that has become untenable; all, in order to recognize that “forever and a day” begins with a day that can be differentiated from the “forever” that never seems to end.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: The Inside View

There is the “outside” perspective as opposed to the “inside view”, and that is the mistake people make in various sectors of life: The “outsider” believes that, from a position and perspective of detachment and therefore objectivity, he or she is able to better assess, evaluate and analyze the event, situation or conditions experienced than by those on the “inside”.

By contrast, the “insider” views the outsider with suspicion, contending that he or she has no idea about the experiences and existential difficulties faced by the insider, and that a detached, objective viewpoint which fails to take into consideration the subjective, “personal” side of things misses the essential point of the issue.

It is the tension which exists between the townspeople and the “out-of-towner”; the one who lives in a community as opposed to the renter or investor; or of the person who drives around the neighborhood admiring the green lawns, the peaceful nature and the tranquility of a community, hoping to one day purchase a home there without knowing the problems inherent — say, that the water is contaminated or that there has been a rash of burglaries on the rise in recent years.

How does one break the invisible wall between the inside view and the outside perspective?  When does the demarcation between the two disappear?  Do numbers of years living within a community determine whether an outsider becomes an insider?

For Federal employees and U.S. Postal workers who are considering preparing, formulating and filing an effective Federal Disability Retirement application because of a medical condition which has come to a critical point where the Federal or Postal worker can no longer perform one or more of the essential elements of one’s Federal or Postal job, it often “feels” like one has all of a sudden become an “outsider” again — not only from one’s own agency or the Postal Service, but moreover, because of the complexity of the administrative procedures and bureaucratic morass of the U.S. Office of Personnel Management — of the sense that the whole process is strange and detached.

Consulting with an attorney who specializes in Federal Disability Retirement Law is a good first step in bridging the gap that widens when first encountering that feeling, in order to get an “inside view” of what it takes to prepare, formulate and file an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Beyond the weekend respite

It is always something to look forward to: Whether the regular rhythm of the 2-day, the “extra” delight of the 3-day, and the deliciously unexpected 4-day weekend when the time of rest is doubled and by the end of it, you’d almost forgotten about the frenzy of your day-to-day work schedule.

Do we “make up” for sleep?  Those so-called experts who claim that loss of sleep, once lost, can never be redeemed, clearly don’t know what they’re talking about.  A couple of naps; an extra hour of dozing; of coming to a profound realization that the sun can actually rise while a person is still asleep, and that consciousness need not precede the earthly rotation that allows for a peek of dawn — these are all revelations that can come on the weekend.  But then there is Monday; or the day after the 3-day weekend; and the day after that.

Years ago, in the idealism of one’s youth, one resolved never to live like this: As each day is a gift from God, one should not lack the relish of living during the week any more than on the weekends.  Yet, that is the cycle that most of us accept — of a bifurcation of leisure/work, enjoyment/dread.  And, in the end, there is nothing wrong with such a distinction; except when there is a despised exaggeration between the two.

The weekend is meant to be the respite away; but when the respite engenders a greater fear and dread of the following Monday, where restorative sleep cannot be attained no matter how much slumber is embraced, and when pain and recovery can never attain a level of coherent balance, then it is time to reconsider: Is this how life is meant to be lived?

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 job — and, just as importantly and concurrently, where beyond the weekend respite there never seems to be an end to the race for recovery — it is time to consider filing for OPM Disability Retirement benefits under FERS.

When leisure is merely a time of suspension in the dreaded Mondays of work’s cycle; and where the treadmill of life’s spectrum between work and time-off is so out of balance that one cannot distinguish between the waking moment and sleep, or work and play because the medical condition is all-consuming; then, it is time to consult with an attorney who can guide you through the complex process of filing a Federal Disability Retirement application through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: The formulation

There is, first, the preparation; then, the formulation; and finally, the filing and the waiting.  Are the sequence of steps necessarily separate and identifiable — cleanly bifurcated such that there is no overlapping of concerns?  Of course not; but the three elements in a OPM Disability Retirement application are necessary for the successful outcome of the endeavor.

The “preparation” is often skipped in order to get to the “filling out the forms” portion, which is contained somewhere between the preparatory stage of the process, extends into the formative arena and comes to fruition just before filing, as the finishing touches are placed in refinement of the final product.

The analogies are numerous: of baking a cake — first, one must have a “recipe” (the preparatory stage of the process); then, in between the preparation and the formulation, one must gather all of the ingredients necessary to fulfill the recipe: i.e., the medical documentation; the legal citations to be applied; perhaps other ancillary supportive presentations; the Applicant’s Statement of Disability; and the multitude of other papers which will ultimately accompany the Federal Disability Retirement filing; then, the filing itself — of placing it into the oven and waiting while it bakes to final product.

It is, in many ways, the “formulation” part of it that fails the Federal employee or Postal worker putting together an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset — for, the rush to get it done is often comprised by a furious sense of desperation in gathering whatever medical records can be amassed in the shortest time possible; of quickly jotting down the things “wrong” with you on SF 3112A, Applicant’s Statement of Disability; and then quickly “shoving” it into the oven hoping that it will bake quickly and come out well.

Yet, while the “recipe” is important, and the filing is crucial, it is the “formulation”of the OPM Disability Retirement packet — of the putting together in a thoughtful and persuasive manner the legal memorandum which cites the case-law, argues the evidence and providers a “road-map” for OPM to approve one’s Federal Disability Retirement application — that is often overlooked and becomes the unintended nemesis for a successful outcome in a OPM Disability Retirement application.

In skipping over that part —the formulation of a Federal Disability Retirement application — it is likened to that “uh-oh” moment when you realized that you had forgotten to put any butter, milk or other essential ingredients into the cake after you have already put it into the oven.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Claims: Hypocrisy

What is it about carrying about one’s state of existence with the knowledge that there is a dichotomy between that which we declare and what we secretly harbor, or between the words we convey and the actions we engage?  Is it likened to the adage of, Do as I say, not as I do?  Why do we so relish with a sneer when failure of moral dimensions become exposed — of a priest who is “caught in the act”, the preacher who is seen to embrace episodes of moral turpitude; a moralist who denies the obvious inclinations of human desire, or the purist who pounces when the mere tinge of impurity spreads its imperfect wings?

Hypocrisy abounds, and has always throughout history, and the louder the volume of protestations, the harder the fall as the chasm between reality and the theoretical purity of ivory towers only reveals the baseness of human frailty.

For Federal employees and U.S. Postal workers who feel like hypocrites because of a medical condition that continues to be denied, hidden and overcome by sheer will of concealment, there often comes a time where fatigue simply catches up to the fear of being “found out”.  No, it is not quite the same as your run-of-the-mill hypocrisy, like the preacher who falls from grace; but the tension is still there, nevertheless, and it is just as real as if your moral failings suddenly become unconcealed.

Federal employees and U.S. Postal workers who have to “hide” their medical conditions and act “as if” everything is fine and dandy, ultimate pay the same or similar price as the hypocritical moralist who walks about with a puffery undeserved: the anxiety that continues to grow and fester remains so and grows beyond a bearable state of concealment.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with 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 in an admission of “failure” — but more importantly, of turning that failure into a success, by shedding the cloak of hypocrisy and facing the reality of a medical condition that needs priority of attending, in order to regain that balance that should be first, foremost and in the front of the proverbial line: One’s health.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: As life passes by

It seems to come and go imperceptibly; we barely notice; then, one day, we wake up and life has passed by; the past is now an elongated prism through which we judge the remainder of our lives; the present is but the despair we feel because of wasted time allowed to blur beyond into a vestige of forgotten winds; and the future remains as the uncertainty we quivered about before we grew up.

As life passes by, we try and justify; for, language is the means by which we can validate ourselves.  Now, more than ever, it is the gymnast in linguistic contortions that seems to get the most attention, gain the greatest advantage and squeeze out the momentous timelessness.  Look at Facebook, Twitter, and all other social media forums; objectively, it is merely a blank screen where the one-dimensional universe of words and grammatical outbursts are annotated; yet, that is how the self-esteem of the greater society determines worth, relevance and significance.

All the while, however, there are real people with genuine problems, feelings quashed, personalities unnoticed and greatness tethered, that sit in corners of the world awaiting for recognition of singular episodes of kindness and accomplishments.  We can focus too much on ourselves; attend to updating Facebook too often; engage the limited characters of Twitter and worry unceasingly around circles of our own self-importance, and all the while, as life passes by, we remain ensconced in the limited subjectivity of the universe within our own minds.

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 the Federal or Postal job, the danger is that you can continue struggling as life passes by, and not attend to your medical conditions in the very “doing” of daily activities as life passes by, worrying about tomorrow and the next day as life “passes by”, and wasting the time left as the elongated past disappears into the lost memories, like those graveyards that litter the countryside forgotten and overgrown with ivy and sagebrush that obscures the memories of the dead and dying.

Filing an effective Federal Disability Retirement application, to be submitted ultimately to the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset, may not be the answer to all of life’s problems, but for the Federal or Postal employee who must get beyond the impact of the medical condition upon the ability and capacity to extend one’s Federal career, it is nevertheless an important component in now allowing important moments – like properly attending to one’s health – as life passes by.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation OPM Disability Retirement: Perspective versus reality

One may counter that the contrast is no different than that which we encounter daily, especially in this universe of millennials and post-millennial era – of opinion versus fact, or truth versus falsehood (and now the new one, of “news” versus “fake news” or “facts” versus “alternative facts”).  But “perspective” versus “reality” has some subtle nuances that need to be explicated.  For one thing, one’s perspective may be identical to the reality one possesses a perspective upon; or, more likely, it is merely an interpretation that may differ from someone else’s.

One could, of course, argue that all of reality is merely a perspective, and this would comport with the Kantian view that our phenomenological experiences can never depict the “noumenal” universe (Kant’s verbiage) that is outside of the categorical impositions of our human make-up, and that therefore the human perspective is something that cannot be avoided, anymore than a dog’s perspective can be assumed or challenged, or a bat’s perspective (refer to Thomas Nagel on that) would be understood or comprehended by a human’s perspective.

In other words, we can never completely disown the perspective imposed by the innate structures of our own “kind”, and thus it may be an error to ever represent a contrast between “perspective” and “reality” (thus the misnomer of the title above, “Perspective versus reality”), but should always encompass and embrace a commensurate connection of “Perspective of reality” (a consonance of the two) or “Perspective and reality” (a conjoining compatibility of both).

Yet, we know that certain people interpret things differently from what we believe constitutes an accurate portrayal of “reality”.  However, so long as we stay within certain confines of accepted normative interpretations, we rarely contest or openly disagree with alternative depictions, unless it is to obtain a consensus that somehow disproves the validity of the other’s portrayal (i.e., “Yes, but John, Joe and May agree with me”, as if quantification of perspectives somehow diminishes the accuracy of another’s; as opposed to saying, “Well, Copernicus thought otherwise while the rest of the world continued to maintain a geocentric perspective of the universe” – unless, of course, you are ignoring the “rest of the world” to include China, Japan, etc.),

Yet, there are factors that have to be considered when discussing the distinction between “perspective” and “reality”, and one of them often involves medical conditions – an element of reality that often skewers perspective.  That is why, for a Federal or Postal employee who is considering 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 importance of relying upon accurate information, good and sound legal advice, and a straight and narrow path towards a successful outcome with the U.S. Office of Personnel Management (no matter the length of time it may take these days), is important.

For, medical conditions will often alter the perspective of an individual as to the reality of one’s situation, and so it is an “outside” source (the medical condition itself) which needs a counterbalancing force (otherwise referred to as an “objective” advocate, i.e., a lawyer) in order to present an effective, objective, persuasive representative in order to “re-present” the perspective of the Federal Disability Retirement applicant.  Thus, in short, it is a perspective versus reality issue, and thus not entirely a misnomer as previously stated.

Sincerely,

Robert R. McGill, Esquire