Federal Disability Retirement: The Near Side of the Root

Have you ever noticed that the green moss grows abundantly on the near side of the root?  When the trees that gnarl their root system above the ground and down into the soil of rich ferment below, the crevices form a fertile landscape where the moss shines green in brilliance upon the morning sun.

Living entities tend to find spots, wherever and however, in the places where the sun will enliven.  Thus do we watch with wonderment at the near side of the moon and lament the cold indifference at the far side; and in a metaphorical way, we seek the positive and avoid the negative, reach out to sunlight and return to the slumber of our thoughts when nightfall blankets.

Our attitudes, as well, can change and alter depending upon the environment around us.  When we remain in a caustic environment, we ourselves begin to exhibit the poisonous side of our nature.  And so it is with the green moss that grows on the near side of the root; the far side has no life and withers under the darkness of deprivation.

For Federal employees and U.S. Postal workers who suffer from a medical condition and have tried to remain with the Federal Agency or the Postal Service despite realizing one’s inability to perform all of the essential elements of his or her job, the poisonous atmosphere of the workplace begins to exacerbate the medical condition itself.  Often, negativity feeds upon negativity; medical conditions themselves have no chance of improving because of the caustic environment itself and the greater stress it places upon one’s health.

When the vicious cycle of self-destruction continues to ensue, it is time to prepare, formulate and file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.  Consult with an attorney who specializes in Federal Disability Retirement Law to begin the process of recovery, where the near side of the root becomes the metaphor for one’s future beyond the medical conditions that debilitate and decay.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Ignoring the details

What is a lawyer’s response to the allegation: “You are playing with words and using technicalities to win!”

Some might, of course, become defensive and deny such allegations, countering to the accuser that the substance of the law allows for such word-games and the laws themselves allow for such technicalities; or, as the more appropriate, honest and forthright answer might be (yes, yes, for those with such humor against lawyers, such a string of descriptive adjectives may appear to create an oxymoron), “Well, yes, law is the word-craftsman’s tool with which we play, and technicalities are those very details which allow us to prevail.”

It is, in the end, words which win out in any legal forum, and it is the delivery of those words that persuade, debunk, analyze and cross-examine the truth or falsity of claims made, defenses proffered and allegations refuted.

And this is no different in the forum of play known as “Federal Disability Retirement Law”.  For, always remember that a Federal Disability Retirement application, whether prepared for a Federal or Postal worker under FERS, CSRS or CSRS Offset, is a paper-presentation to the U.S. Office of Personnel Management, and as such, is based upon words, words, words — and details contained within and amidst those words.

By ignoring the “details”, one does so with much peril; for, in the end, the old adage that declared the “devil to be in the details” was merely a recognition that details matter, and it is those very details which win or lose a case, and that is no different when presenting an effective Federal Disability Retirement application to the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Whole is greater than the sum

The “full” adage, of course, is that the whole is greater than the sum of its parts, and connotes the idea that the interaction of the various components or elements constitute, in their entirety, a greater effect and impact than the efficacy of quantifying the singular components in their individual capacities added merely together.  It is the working in tandem of individual components that creates a greater whole than the sum of its independent parts, and this can be true whether in a negative or positive sense.

One has only to witness a crowd of individuals working together, whether in riot control or as a military unit, to witness an active, positive impact or, in a negative sense, a pack of wild dogs attacking their prey — working in coordination, circling, attacking in conjunction with one another, etc.  Medical conditions have a similar negative impact; we tend to be able to “handle” a single health crisis, but when they come in bunches, we often fall apart at the seeming enormity of the impact and the dire perspective it engulfs us with.

For Federal employees and U.S. Postal workers who have a sense of being overwhelmed, where the medical conditions seem to take on a whole greater than the sum of their individual components, it may be time to prepare, formulate and file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Sometimes, it is necessary to recognize the dominance of the greater whole in order to focus upon the elements which have taken on a lesser role — like taking care of one’s health.  Prioritizing matters is important, and when one’s health has taken on a secondary status and where the compendium of medical problems have taken on an exponential effect deleterious to one’s well-being, the Federal or Postal employee should consider consulting with an attorney who specializes in obtaining Federal Disability Retirement benefits.

Such a consultation may prove Aristotle’s wisdom to be correct — that the whole of such a consultation is greater than the sum of their individual words combined, or something close to that.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for Federal Disability Retirement Claims: The image we hold

What picture do we carry?  No, not in one’s pocket or wallet, but in the eye of one’s mind.  Is it one that has been frozen in time; an imprint from a bygone era, a specific day in one’s past where childhood memories once floated upon a cloud of dreams and wishes?  Or, is it of more recent vintage – wrapped in layers of cynicism and denied opportunities, huddled in a corner where bitterness, wrongs and outrages of blames and byproducts of what others have “done” have emasculated and left that image we hold with disdain and dank disgust?

Where we are in life, at what stage we find ourselves; often, how we act and engage the world depends upon the image we hold of ourselves.  It is, after all, the one person whom we have no idea about.

Oh, yes, we try and fool ourselves by claiming to know ourselves better than any other, and we do this because we are the only ones who have access to that “inner” soul that speaks soliloquys and bitter asides when we believe no one else is listening.  But that is merely a subjective understanding of a subject that lives in the world of pure subjectivity; it is not, after all, an “objective” perspective and assessment of who we are.  For that, we must turn a dispassionate eye in reverse-form upon the image we hold of ourselves.

In the end, are we anything more than the aggregate of a language we have learned, and the very usage of the language we have acquired, the sense-impressions we have encountered and the image we hold – is it any more or less than what others have of ourselves?

That is why, in preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, it is important to have a greater sense of who we are when we write that “Statement of Disability” on SF 3112A.  For, SF 3112A requests certain and specific information about one’s self, the nexus between one’s medical condition and the impact upon one’s positional capabilities and essential elements of one’s job.

But the narrative we write should have a certain sense of objectivity about it, precisely because it is going to be some “other” person who will be reading it, assessing it and evaluating the sincerity and persuasive impact of the delineated discourse.

From that perspective, the image we hold of ourselves can be an impediment, precisely because it may not be an objective viewpoint, but one wrapped in the perspective of pain, turmoil, anger and despair, which is understandable, taking the medical condition into account.  Perhaps, an advocate who has a more “objective” perspective – like a lawyer who is well versed in Federal Disability Retirement law — might be of some assistance in the process.  Just a thought.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: Terms

Language is a malleable vehicle.  There have been times in the history of language, when the staid and stodginess period of loss of vibrancy became the rule, followed by epochs of radical vicissitudes, upheavals and counter-conventional revolutions in the medium of language games.  Whether this encapsulated slice of linguistic alteration, upending traditional forms of communication because of electronic media and the hype of language abbreviated by Twitter, Texting and Tablet Titillations, will last the short life of technological innovation and obsolescence, is yet to be determined.

For example, the time of Shakespeare’s linguistic explosion of experimentation and expansive usage became in retrospect a richness of entering into connotative language meanings from which we benefit to this day.  But steadiness, continuity and conditions of stability are also important in order to take the proverbial breather to accept, embrace and assimilate (a term widely used for contextual purposes in modernity applied to immigration reform, as well) the linguistic revolutions that become incommensurate with meaning, communication and conveyance of terms.

Terms are important, both in common usage and in technical application.  In the arena of Federal Disability Retirement Law, different words are splayed about, sometimes without regard to proper application, especially when the “law” often requires a greater attention to precision of meaning.  Some simple and common crossovers of linguistic confusion involve:  “medical retirement” and “disability retirement” – do they mean the same thing?

If reference to either term involves the submission for an early retirement to the U.S. Office of Personnel Management, then the answer is “yes”, they do mean the same thing.  Federal Disability  Retirement is identical to “Federal medical retirement” if by such words the query is referring to filing for an early retirement based upon the Federal or Postal worker’s inability to perform one or more of the essential elements of one’s Federal or Postal position, and therefore the intention is to access an early annuity because of one’s early retirement based upon the medical condition, and submitted to the U.S. Office of Personnel Management.

Some other terms often confused or conflated:  “On-the-job injury” or “pre-existing condition”; these terms are often used in the language-arena of Worker’s Compensation issues, and rarely have any import – or applicability, at all – in the context of a Federal Disability Retirement application.  For, in a Federal Disability Retirement application, whether the applicant is under FERS, CSRS or CSRS Offset, it matters not whether or not one has been disabled “on the job” or away at a skiing accident; instead, what is important is the impact of the injury or disease upon one’s ability and capacity to perform the essential elements of one’s Federal or Postal position.  As for a “pre-existing” condition – that, too, is more likely appropriately defined in an OWCP context, and rarely in filing a Federal Disability Retirement application.

In any event, “terms” are meant to be used within a context-appropriate content of filings, and in preparing, formulating and filing an effective Federal Disability Retirement application, it is important to clarify and conform to the applicable statutory mandates in defining and using the terms which are most appropriate and effective.

For, in the end, the explosion of language during the era of Shakespeare and the Elizabethan Age reverberates with critical linguistic richness to this day; yet, if we were to have a conversation with a bloke from that era, the terms employed would not only confuse us, but confound us with a profound sense of despairing lack of cogency despite our self-aggrandizing declarations of superiority and advancement in the modern parlance of greater self-esteem.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement: The Negative Interest Rate

In periods of economic stagnation, where mass hoarding by depositors results in a slow-down of commercial activity, rising unemployment and deflationary returns on value-for purchase in all sectors, the idea that depositors must not only deposit, but further, pay regularly to keep their money with the bank, would at first glimpse appear counterintuitive.

Perhaps that was initially the brain-child of some half-crazed Economist — that one with the frizzy hair appearing on Sunday Shows who had won the Nobel Prize for Economics many decades ago because no one quite understood what he was talking about, and believed that such insanity was either too brilliant to bypass or, more likely, to fail to appear as if one understood it would be to reveal one’s own ignorance and mediocrity (remember Schopenhauer’s adage:  “Talent hits a target no one else can hit, while genius hits a target no one else can see”).  And so it goes.

The problem with unworkable theoretical constructs, however, is that the rest of us have to live with the consequences.  In reality, the concept of “negative interest rate” is one which most people have to live with, anyway.  For Federal employees and U.S. Postal workers, this is a daily occurrence — especially for those who have a medical condition, such that the medical condition impacts the Federal or Postal employee’s ability and capacity to perform all of the essential elements of one’s Federal or Postal positional duties.

For, like the concept of the negative rate of return, the Federal and Postal worker must not only go to work, but continue to pay for it with their deteriorating health.  Additionally, the increasing harassment, adverse actions and diminishing joy in working with hostile coworkers, managers and supervisors, must be borne with a smile and silent acquiescence, as if the feudal backdrops of self-flagellation must be enjoyed within the caverns of psychosis in suffering.

The negative interest rate for Federal and Postal employees is thus nothing new; it is a theoretical model for all Federal and Postal employees who suffer under the suffocating malaise of a deteriorating medical condition.  The real question is:  At what rate of negative returns does the Federal or Postal employee withdraw the deposit?  For, in pursuing this analogy, it is precisely that critical point where money-kept and money-lost reach a pinnacle of insufferable choices, when the Federal or Postal employee with a medical condition must consider 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.

For, when the interest charged begins to eat away at the very principal which is invested, and the rate of return negates the benefit of remaining, then it is indeed time to withdraw the deposit, and begin to prepare, formulate and file for Federal Disability Retirement benefits through OPM, lest the negative interest rate which once, long ago, began as a theoretical construct in the basement of a mad economist, but which now pervades the ivory towers of polite academia with echoes of reverberating laughter once resounding from the insane asylum next door, begins to infect the four corners of a civilization which has lost its way.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement Law: Sifting

Life requires sifting through a sieve; otherwise, the unwanted and undesirable particles of coarseness and garbage will become part and parcel of the component of one’s daily living.

Have you ever watched how the screen picks up, prevents and protects against intruding contaminants attempting to interlope?  How dust sticks to likeness and filth collects upon kindred spirits?  Are we talking about particles and contaminants — or of humans by analogy and metaphor?  Those descriptions which fit the picture frame of sifting screens can certainly apply to life’s encounter with fellow humans; how we change filters, when, and to what degree, applies to human interaction, as well.

For Federal employees and U.S. Postal workers who engage the bureaucratic process of filing for Federal Disability Retirement through one’s agency, and ultimately with the U.S. Office of Personnel Management, there is often a metaphorical sifting process which applies beyond changing the filter of one’s heating and cooling system.

It involves the prioritizing of important and significant issues; of whether work should prevail over health; of recognizing true friends and colleagues, of those who show loyalty beyond one’s contribution to the workforce and reveal an empathetic soul when needed; of securing future needs and differentiating between that which is necessary as opposed to sufficient; and in the end, of crystallizing human relationships, where the refractory nature of family, friendships and filial fondness may flower with a collage of hues and colors bending with the corridors of time.

Does all of that occur with merely filing for Federal Disability Retirement?  It is a difficult process, evolving through the origination of a medical condition, and it is often the time when triumph treasures the tragedy of origins, and where sifting of life’s undesirable particles begins.

Sincerely,

Robert R. McGill, Esquire