FERS & CSRS Medical Retirement: The power of words

The extraordinary nature of such conceptual constructs cannot be long or seriously refuted.  Whatever the anthropological origins of them; of the efficacy based upon quantity as opposed to quality; of whether some societies that lack the nuance of inflection, meaning or inherent force; and however they developed over time, incrementally building into greater heights of tenor, tone or tempestuous triggers of emotional upheavals —one cannot deny the power of words.

Words convey meaning, direction, instruction; touch emotions when utilized with sensitivity and care; and trigger images so powerful that they can break down the most stoic among us, and convey persuasion such that minds can be changed, actions can be reversed and lives can be altered.

One cannot say of them, “Oh, they’re just a bunch of words” and believe them without recognizing the times when a 911 call helped to save a life because of the calm “words” of the dispatcher, or of the marriage vow that cemented and elevated the mere utterances into a lifetime of fidelity; or of the baby’s first formations beyond the gurgling sounds emitted that identifies comprehension beyond an appetitive nature.

The power of words can uplift, denounce, alter the course of history and damage a young psyche beyond repair.  The power of words can persuade, explain, instruct and describe, of the beauty of a sunrise beyond the meadows where butterflies float and flowers begin to disclose the radiance of the morning dew-droplets in the chasm of a waking mind, or of the sunset where sunlight is replaced by shadows within the hearts of young lovers projecting what the future might yet bring, yet contented in the embrace of warmth and merriment.

It is by words that civilizations rise and fall, and by which man is elevated above the apes, but yet remain just below the angels; and it is the power of words that brought us Shakespeare, Milton, Faulkner and Hemingway, and the quiet subtlety of F. Scott Fitzgerald’s politeness of society.  Then, by contrast, there is life itself.

For Federal employees and U.S. Postal workers who suffer from a medical condition, this contrast is known and appreciated.  Medical conditions betray the limitations of words; for, how can “pain” be adequately described?  What good is a “diagnosis” beyond that which cannot be cured?  How can one utilize the “power of words” to describe the despondency of Major Depression?  And more to the point: How can one adequately convey by the power of words, the impact perpetrated by the medical condition upon the essential elements of one’s job?

For Federal employees and U.S. Postal workers who are considering 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, remember always that there is a wide chasm between “having a medical condition” and being able to persuade OPM that the medical condition prevents you from performing one or more of the essential elements of your job.

And such persuasion, ultimately, is accomplished through the power of words.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: The avoidance factor

When does avoidance become a problem?  Say you found out something about a close friend or neighbor — an embarrassing fact, a hidden truth or perhaps a juicy tidbit of revelations that could topple a friendship or marriage — and your self-guiding principle of being honest and forthright scares you into believing that, were you to encounter the person, you fear that either your demeanor will reveal that hidden secret, or you may be a person who cannot control your emotions and you believe that you may blurt out the secret and damage, ruin or perhaps even end the relationship altogether.

Or, maybe you avoid something simply because you dislike doing it, or fear the consequences of finding out the truth, or even disregard knowing that if you seek it and find it, the discovery itself would merely confirm the fears of life’s travails that you believe are better left alone.

What we don’t know, we can deal with; that which, once uncovered, revealed and brought out into the open, we suddenly realize is a certainty that cannot be avoided.  Is work becoming that way?  Are coworkers likewise avoiding you, and you them, with eyes averted, speaking about the weather, the last sports extravaganza, how the Orioles never seem to make the final push or whether money ruins the equality of teams, etc.?

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of the Federal or Postal job, the issue of the avoidance factor looms large.

Everyone begins to avoid the obvious — that you have a medical condition; that your medical condition impacts, impedes and prevents you from performing all of the essential elements of your job; that, perhaps, even your own doctor has already hinted at the truth of your medical condition — that you should likely seek a change of career; that the ceiling of sympathy has been reached, already, and your agency has begun to grumble about termination proceedings; and many other indicators, besides, that showing what everyone is avoiding is actually just a confirmation of the elements needed to prove a Federal Disability Retirement case; it’s just that everyone has been avoiding the obvious.

For, in the end, the proof of a Federal Disability Retirement case is likely already in existence in the very avoidance factor that you and everyone else has been tiptoeing around, and it is precisely the avoidance factor that makes of certainty the issue itself: Now is the time, and not tomorrow; today is the first step that needs to be taken, and not some obscure time down the road, and the avoidance factor that leaves everyone in the dark is like the hidden secret that everyone knows about but believes that he or she is the only one with the truth that, actually, everyone already knew.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Those Days of Mental Clarity

One often remarks that we live for such days; when energy, motivation, clarity of mind and enthusiasm for life surges through our veins; one’s outlook is positive, the mystery of life is resolved, and no challenge is too onerous to overcome.  But then the mundane monotony of repetitive thoughtlessness returns; and life is back to the normalcy of day-to-day living.

Do we really live for such moments?  Or is it actually the opposite effect — that such days are mere reminders that living constitutes a linear course of relative quietude, interrupted by interludes of awakenings, like dreams impeded by nightmares in the solitude of self-contained solace.

Medical conditions have a similar impact; days of chronic pain, of lethargy and depression; and the cycle of becoming momentarily pain-free reminds one that there exists a plateau of health where the negation of illness or loss of wellness is the actual normative lifestyle, but where a medical condition reverses such a state of consciousness such that we adapt and come to accept a life of pain and chronic illness.

For Federal employees and U.S. Postal workers, the daily pain and impact of psychiatric conditions, including depression, anxiety, PTSD, stress-induced somatic disorders, as well as lesser-accepted physical conditions of Fibromyalgia, unspecified cognitive disorders, etc., can be the foundational basis of a Federal Disability Retirement claim.  OPM Disability Retirement is a benefit which is available to all Federal and Postal workers who are under FERS, CSRS or CSRS Offset, once the minimum years of Federal Service is met, and the preponderance of the evidence proves that the Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s positional requirements of the job.

Like those days of mental clarity, the necessity of filing for Federal OPM Disability Retirement benefits becomes a reality at some point in the evolution of one’s career, in the struggle to maintain sanity of health in a world which allows for chaos in this bureaucratized phenomena called the Federal system of government.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Law Blog: The Trifecta

The bet must be precise.   Thus, it needs to be based upon extensive research, a knowledge of each of the elements, the circumstances surrounding the process; the quality of the expected environment; whether intersecting conditions will interrupt or influence; what other unforeseen confluence of intercessions may develop.  The finishers must be predicted in sequential order.  The trifecta is therefore a management of time, knowledge, expertise and sprinkled with a bit of luck extracted from the cauldron of a witch’s brew.

Federal Disability Retirement is somewhat akin to the trifecta.  Extensive research, a knowledge of the elements to be proposed, and a delineation based upon the compilation of another trifecta — the medical evidence; the statement of disability; and the legal argumentation — must be brought together into a confluence of coordinated and comprehensive consolidation of cogency.

Preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset, however, should not be based upon a spurious bet.  And, unlike the trifecta, a semblance of certainty should enter into the equation, such that the sequence of delineated data should compel the OPM reviewer to declare unequivocally and with unconcerned eloquence, “Of course!’ — and grant an immediate approval of the Federal OPM Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Disability Retirement Attorney: VERAs

With spring comes the rumors of love, furtive dalliances, clandestine consummation and intrepid interludes; as well as the potential for Voluntary Early Retirement Authority for Federal and Postal employees.  What the latter (known under the acronym of VERA) has to do with the multiple listings of the former (rumors of love, furtive dalliances, etc.) is anyone’s guess; perhaps there is no connection at all or, more likely, the cognitive comparisons we make have to do with offers of change, adventure, and a need to evaluate the impact of all of the above upon the security of one’s future.

The devil, as in all things, is in the details.  Whether a VERA is accepted or not should be based upon the incentivized offer; and it is often the short term gain (a large enough sum of cash “up front” in order to make it attractive), like the adrenaline-flowing excitement propelled by a romantic interlude, which compels the Federal and Postal worker to accept the VERA.

Be not fooled; the Federal agency and the U.S. Postal Worker is proposing a VERA not out of the kindness of their abundant hearts; rather, it is to streamline, strip and effectively make skeletal the overburdened bureaucracy of the Federal government and the U.S. Postal Service.  But the question, as applicable to all VERAs (as well as to romantic dalliances) is, Is it good for your future?

If the Federal or Postal worker must accept a VERA, the underlying reason and rationale is often because he or she can no longer continue in the job anyway; and, to make the point ever more poignant, that foundational reason for an inability to continue often involves a medical condition.  That being the case, it would be wise to evaluate and compare the short-term gain potentially attained through a VERA, as opposed to a long-term security of purposes accessed through filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Both a VERA and a Federal Disability Retirement application must be filed through the U.S. Office of Personnel Management.  Both are ways to discontinue the present set of circumstances the Federal and Postal employee finds him/herself in.  The VERA, however, is a plan of self-indulgent action proposed for the benefit of the Federal agency and the U.S. Postal Service; Federal Disability Retirement is a course of determination based upon the best-interests of one’s health and well-being.  And, like clandestine romances engaged in behind the locked doors of distant roadside motels, the VERA may merely be a response to a mid-life crisis leading to an emptiness in one’s soul once the excitement has passed.

Sincerely,

Robert R. McGill, Esquire