OPM Disability Retirement: The Dissipated Dream, Delayed

It is an enjoyment and pleasure of the highest order, and yet costs nothing; if remembered, the visual residue can be stored in the safety deposit boxes of one’s memory, “as if” it actually occurred; and retrieving the memories can be as vividly regurgitated in the virtual reality of its existence, as that of having actually been there.

Dreams, if remembered, can be as real as memories of experienced events.  No, they cannot be videotaped (at least, not yet); and the money exchanged, the actions engaged or the people we meet in the fantasy realm of our self-contained consciousness, do not translate well in the harsh reality of everyday life.  And then we open our eyes, and unless we deliberately try and remember the images so vividly splashing upon the walls of our eyelids just before the flutter of opening them, they dissipate into the ethereal universe of some mysterious universal consciousness.  But what of the other sense of a dream — that of youth’s future endeavor and plans of greatness?  Of the many places desirous of visiting, the encounter with a kindred spirit yet to be fulfilled, and the pleasures of momentary categories of accomplishments?

Medical conditions have a tendency to dissipate such dreams, to scatter them across the cold and harsh tundra of reality, and to stamp them into the frozen plains of time.  But a dissipated dream need not be destroyed; it may merely be delayed.  Federal Disability Retirement can allow for that eventuality.  What others deem to defecate, one need not accept as the final word.  No, it is not the monetary payment of a Federal Disability Retirement annuity which will burst forth with riches of dreams delayed; rather, it is the opportunity to attend to one’s medical conditions, such that the medical conditions may be somewhat resolved, the nightmare put behind, and linear progression of life’s plans restarted.

For the Federal employee or the U.S. Postal worker, filing for OPM Disability Retirement benefits, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, should merely be a bump on the road.  While some Federal and Postal employees may consider the entire bureaucratic process of filing with the U.S. Office of Personnel Management to be akin to a nightmare of sorts, it is the path out of one’s rut of dreamless nights.

Dare to dream; never believe that the dream dreamed is a dissipated dream; rather, dreams of one’s subconscious, just as the childhood one of unrealistic plans for the future, should merely be a delayed embracing of that which is larger than the smallness of our fears.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Attorney: Qualia & First Person Attribution of Mental States

Private, subjective mental states are unique by self-definition; they become public knowledge only when shared with deliberate intent, revealing the inner thoughts, private conceptual pondering, and narrative voices of the subjective “I”. Pain is similar in form, in that one can mask and keep private the experiential factor of pain, just as one can remain hidden in the private thoughts one engages.

Qualia, in philosophy, has to do with the subjective experience of one’s encounter with the greater world; and the first person attribution of a mental state encompasses the “I” in the midst of that universe of contained subjectivity. The problem always is how one can and should relate the private experience when a public narrative of that subjectivity is required.

For Federal and Postal employees who must file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the problem of conveying in persuasive form and argumentation, of transversing the chasm between the “qualia” of one’s subjective mental state into the foray of medicine, diagnostic testing, clinical encounters with medical professionals, and the entire compendium of what constitutes the “objective” world, is a necessary prerequisite where the incommensurable wall must be overcome.

An effective OPM Disability Retirement application under FERS, CSRS or CSRS Offset, is like watching a gymnast on a balance beam; overstating the subjective may result in loss of that balance.  Federal employees and Postal workers who suffer from those specific medical conditions which are considered “unverifiable” through normal channels of diagnostic methodologies — Fibromyalgia, chronic fatigue, chronic and intractable pain, etc. — must find ways where the public description goes beyond the qualia of private mental attributes.

In many ways, we have progressed culturally; and such progressivism is found in the diminishment and near-extinguishment of that dualism between the cognitive and the physical, and this is established by the general acceptance of psychiatric conditions as being just as “valid” as physical maladies. But old haunts and biased perspectives still abound, and during such times of transition, one must still take care in how one approaches subjectivity in the wake of the yearning for objectively verifiable evidentiary components.

Like the public who watches the graceful movements of a gymnast on a balance beam, it is the roar of the crowd in appreciation one seeks, and not the gasp of disappointment when lack of balance results in a sudden and unexpected fall.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Claims: Mental Health, Stress and First Steps

Disquietude is a negation of a former state of being.  Perhaps it is merely a retrospective re-characterization or romanticization of a time or status that never was; or, maybe even a partial remembrance of a slice of one’s life measured as a fullness in comparison to what is occurring in the present.

Regardless (as opposed to the nonsensical, double-negative modern vernacular of “irregardless”), to have a sense of disquietude implies of a former time, event, or state which had a greater positive light than the present one.

And it is in this context that the Federal or Postal Worker who begins to contemplate filing for Federal Disability Retirement benefits, whether the Federal or Postal worker is living in California, Florida, Hawaii, Kansas, Minnesota or Texas (have we effectively zig-zagged a sufficiency of states in order to make the point, yet, or perhaps we need to include Arizona, Georgia, Maine, Michigan, North Carolina and Wisconsin in order to make the point), that one must understand the greater bureaucratic involvement which one needs to undertake before engaging the complexity of the process of a Federal Disability Retirement application.

First, it is a Federal issue, and therefore, it will be unlikely that one will find, for example, a Florida Federal Disability attorney, or an Oregon, Kentucky or Louisiana Federal Disability lawyer; for, it matters not whether or not the lawyer lives in, or is licensed in a particular state, precisely because this is a Federal issue, and not a state issue.

Second, Mental Health issues — aside from being a valid and viable basis for a Federal Disability Retirement application — can either stand alone, or be in combination with a physical disability (isn’t it interesting how we bifurcate “mental” as opposed to “physical”, whereas both are part of the same physiological state of a person?).  Sometimes, mental health issues stand alone; other times, they can be concurrent medical conditions, or secondary ones.

Third, stress is a basis for a Mental Disability Retirement claim, although it must be properly and carefully approached because of issues concerning situational disabilities.

And Fourth, how one approaches the first steps in preparing a Federal Disability Retirement application, will often determine the success or failure of the disability case.

Overall, it is the plan itself, the cogency of the approach, and the gathering of the proper documentation, which will determine the efficacy of those first steps, and whether the stress, mental and physical health of one’s being, will be relieved as a result of filing for a Federal Disability claim.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Cognitive Dualism & the Two Incommensurable Paths

Cognitive dualism is the concept that one cannot hold onto two competing and contradictory beliefs while maintaining a life of integrity and consistency. It is tantamount to suffering from a form of intellectual schizophrenia, potentially resulting in dire consequences and paying the price for attempting to force the cohesiveness of two incommensurable paths.

The anxieties which exponentially magnify; the undue stresses which naturally result from attempting to retain the impossible; at some point, the natural divergence of both will force the split, or in modern domestic parlance, determine the “uncoupling” in a nasty divorce of ideas.

For Federal and Postal employees who must contend with the inconsistency of attempting to address a medical condition while at the same time keeping control over one’s employment, such cognitive dualism becomes a harsh reality which is confronted daily. How does one deal with the serious medical issues, which should always be the priority, while at the same time address the impact upon one’s inability to perform all of the essential elements of one’s job?

The two incommensurable paths may come to a crisis point, where both cannot be adequately maintained.  It is at this point that the Federal or Postal Worker must consider the option of Federal Disability Retirement.  For, Federal Disability Retirement benefits are precisely those employment benefits available for the Federal or Postal Worker who finds him/herself in such a situation of cognitive dualism, where two incommensurable paths must necessarily be addressed, and one must be chosen.

The stark reality and the harshness of the choice would be: one’s health, or one’s job. But for Federal and Postal employees, there is a “third” path — that of Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS or CSRS, and filed through the U.S. Office of Personnel Management.

Thus can cognitive dualism be reconciled where two incommensurable paths may seemingly diverge, and allow for a compromise of sorts, by fighting for an approval of a Federal Disability Retirement annuity through the U.S. Office of Personnel Management. Not all paths must split into two, where choices are bifurcated into an either/or; instead, sometimes one must find the hidden path through the grassy knolls less traveled.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: The Theory of Correspondence

20th Century Philosophy has witnessed the steady progression of deconstruction; of centuries of attempting to answer age-old questions which challenged the mind, only to be declared that it was, all throughout, the question which was the problem, and the imprecise manner of communication through language difficulties and conceptual confusions that created the unfathomable difficulties, and that therefore there are no substantive problems in philosophy to solve.

Bertrand Russell, the entire tradition of English Empiricism, and long comes Wittgenstein; and any theory of correspondence between language and the “objective” world was cast aside as being impractical, unendurable, and in the end, untrue — though, as truth itself became an empty concept, it remained a puzzle as to how such a declarative end could be proposed.

But it was ultimately the devaluing of correspondence which became most troubling; for, now, as there was and is no connection between language and reality, so an individual can do and say one thing, and be and remain another. Perhaps that is why Facebook, Twitter and electronic media are so popular; we have become who we merely declare we are.

That is often the insidious nature of a medical condition; when once it becomes known, we want to ignore it, conceal it, and think it away; but somehow the physical reality of one’s life cannot be erased so easily as words on paper, or through the use of a ‘delete’ button.

Medical conditions really do impact us; and if the Federal or Postal employee finds him/herself beset with a medical condition such that it prevents one from performing the essential elements of one’s job, then the reality of a career’s end and a change of vocation is one which is beyond mere words. But words and completing forms are what must be performed in formulating, preparing and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS or CSRS.

So, in the end, the integrity of correspondence occurs, despite what modern philosophy says — there is still, and will always be, a connection between language and reality, and that is clear and unavoidable for the Federal and Postal employee who must attempt to maneuver one’s way through the bureaucracy and administrative procedures of a Federal Disability Retirement case.

Sincerely,

Robert R. McGill, Esquire

OPM FERS/CSRS Disability Retirement: Need versus Necessity

Needs can be variegated, and can be satisfied partially, delayed for further fulfillment at a later time and event, or controlled by sheer will and self-discipline.  They can also depend upon the particular individual, circumstance and personality and/or character of an individual.  They can vary based upon the subjective perspectives of an individual.

Necessity, by contrast, implies an objective determination of a mandated requirement.  It is not to be questioned; it is unequivocally “needed”.  As a prerequisite for completion of a linear production line, a necessary cause, while perhaps insufficient in and of itself to satisfy the entirety of the sequence of events, is nevertheless a required X in order to even consider the completion to Y.

For Federal and Postal employees who suffer from medical conditions such that the medical illness or injury impacts one’s performance, for a time — undetermined, perhaps, in the beginning of the process — Federal Disability Retirement benefits, applied through the U.S. Office of Personnel Management, may merely be viewed as a need, and therefore one which may be delayed, considered, and perhaps looked upon merely as one option among others.

As the medical condition continues to progressively deteriorate, it is the seriousness of the nexus between the medical condition and one’s ability/inability to perform the essential elements of one’s job, which ultimately begins to determine the need and transform it into a necessity.

Whether under FERS or CSRS, the Federal or Postal employee must make that time of determination — that personal choice — of when the transformation occurs; but because Federal Disability Retirement takes on average 8 – 10 months to obtain, from the start of the process to its conclusion, it is well not to wait for the transformation from “need” to “necessity”, to be further characterized as the third step in the evolution — one of critical crisis.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Vicious Cycle of Psychiatric Conditions

The paradigm and general assumption of those who are not suffering from a chronic medical condition, especially of a psychiatric component — whether of severe Major Depression, Panic Disorder, Generalized Anxiety Disorder, Bipolar Disorder, or possessing characteristics of paranoia and suicidal ideations — is one of, “What’s the big deal?”

If you are going to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, then why hasn’t the paperwork been done?  Why haven’t you gotten the medical reports (as if doctors just drop everything for their patients and fill out forms, etc.)?

Those who are not in the same shoes as a person who suffers from psychiatric medical conditions, fail to understand the vicious cycle — of the impact of the medical condition itself, upon the very ability to proceed in a productive manner.  Yet, the puzzling question is:  If X could behave and produce in the same manner as non-X, would he/she be filing for Federal Disability Retirement benefits to begin with?

The vicious cycle of a person beset with psychiatric conditions involves the paralysis of behavior and the ability to create and produce.  Unfortunately, the world around us fails to understand or have the requisite empathy for such behavior.  To get out of the cycle of paralysis, the sufferer of psychiatric medical conditions will often need the advice and legal assistance of someone who can guide, prompt and implement.

The world is an uncaring system of rules and regulations; empathy and understanding, unfortunately, are not written into the law of life.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: The Uniqueness of Medical Conditions

In preparing, formulating and filing a Federal Disability Retirement application under either FERS or CSRS, there are always unique aspects of particular medical conditions which impact upon specific elements of the positional duties of a Federal or Postal employee.

Thus, for example, shoulder problems (rotator cuff tears; shoulder impingement syndrome, etc.) limits the ability to engage in rotational movements, and specifically restricts overhead lifting, or lifting above shoulder-level, and therefore constrains the ability to perform multiple craft-required duties for the U.S. Postal Service.

Similarly, for psychiatric medical conditions, Major Depression, Generalized Anxiety Disorder, Panic Attacks, and similarly oriented psychiatric medical conditions related or on a coordinated spectrum, impact the ability to maintain a sustained analytical perspective and performance of duties.  Thus, for information-based positions (Information Technology Specialist; Budget Analyst; auditors; personnel management duties, etc.), the very cognitive-intensive duties are directly impacted by such uniquely psychiatric conditions.

These examples, however, are merely referential samples, and in no way reflect an exhaustive discussion of how a medical condition impacts a particular kind of job, or the various elements which make up a Federal or Postal job.

Thus, by way of cross-over example, a person who suffers from shoulder pain can be prevented from performing the essential elements of an information-based administrative job, because of the high distractability of the pain, the inability to take pain medications during work hours because of the sedation it creates, and because of the radiating pain and numbness to one’s extremities, preventing the repetitive type of work on a computer keyboard, etc.

Ultimately, one should never think in terms of a one-to-one ratio or correspondence between a specific medical condition and a particular element of a job.  Crossovers of medical conditions and their impact upon a job are ultimately unique to the individual, and it is the job of the OPM Disability Attorney to properly represent that uniqueness.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Beyond the Approval Letter

There are many stories of Federal and Postal employees who suffer from physical, emotional and cognitive (psychiatric as well as progressively deteriorating neurological disorders) medical conditions, who continue to endure within the confines of a Federal or Postal job, for years and years.  

Federal Disability Retirement allows for a Federal or Postal employee who has a minimum of 18 months of Federal Service under FERS (5 years under CSRS, which is already a safe assumption that such minimum eligibility requirements have already been met for CSRS employees) to continue to be productive as an employed member of the workforce — but in a different capacity.

Each story is a unique one —  filled with a narrative of human suffering, of enduring pain, hostility, and often discriminatory actions by the Agency.  The attorney who represents the Federal or Postal employee, however, has a specific and unique role.  He or she is not the Federal or Postal employee’s friend, therapist, doctor or financial advisor.  Instead, the attorney’s job should retain a singular focus — to obtain the Federal Disability Retirement benefits for the applicant who is seeking such benefits.  For, after all, it is only upon the satisfaction of the foundational basics that a Federal or Postal employee can then “move on” and go beyond the impact of a medical condition — to recuperate; to start a second career; to repair the physical, emotional and psychiatric impact of the past year or more; and to begin rebuilding after experiencing the jubilation of an approval letter from the Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Agency Actions I

Can adverse agency actions to terminate a Federal employee impact a potential disability retirement application?  The short answer is “yes”, but the longer answer would have to consider multiple factors:  what is the underlying basis of the adverse action?  Does a person’s medical conditions (often psychiatric, cognitive dysfunctions impacting upon less than stellar performance ratings, or perhaps impacting upon the essential elements of one’s job in other ways) explain, in whole or in part, the “adverse” nature of the action?  Has there been a “paper trail” established with respect to informing the Agency of medical conditions, such that it can “explain” — again, in whole or in part — the apparent basis of the adverse action?  Is the Agency open to negotiating a material change in the proposed removal — i.e., from one which is adversarial (and therefore would be appealed to the Merit Systems Protection Board) to one based upon one’s medical inability to perform the essential elements of one’s job (with a stipulation that no appeal will be filed, thereby saving the Agency’s time, resource, and personnel).  It is important to “get involved” in the process of any contemplated Agency action — early.  If the Agency puts an employee on a Performance Improvement Plan (PIP), it is time — in fact, overdue — to become active in the future plans for filing a disability retirement application.

Sincerely,

Robert R. McGill, Esquire