Medical Retirement under FERS & CSRS: Detectorists

For those of you who are fans of the British series, a sad wave of goodbyes ensued after the third and apparently final season that depicted intelligent humor, a subtle sense of British irony and a deep love for human relationships above material wealth.

Simplicity and the idealized community of pastoral lifestyles amidst the bustle of the world beyond allows for the story to capture the imagination of fans and viewers.  None of the characters in the series have much or anything in common with one another — whether in profession, personality or commonly-held beliefs — except for a love of a hobby that unites their differences and quirky individualism.

Many of the references contained within conversations must be Googled in order to attain a greater appreciation; the constant references to the musical interludes of Simon & Garfunkel are easily recognized by a generation of those who grew up with the music; and the deep historical references engendered by images of an ancient past creates a sense of mystery beyond minor relevance to the emptiness felt in the way we live today.

Who would have thought that there would be of much interest in a group of misfits scanning fallow farm fields for ancient traces of Norman or Celtic residue?  Gold and similar treasures are the unspoken goal of everyone, though such dreams of ancient discoveries remain deep within the consciousness of every such hobby-seeker; and like so many such series, there will be an abiding cult-following, for we always want more: 3 seasons of watching Andy and Lance banter among the grassy knolls of the English countryside just doesn’t seem enough, and the subtle British humor demands more despite the final episode that gave satisfaction to all treasure seekers — of riches literally falling down from the heavens.

What metaphorical lessons can be gleaned from two comics of such ordinary means — is it the pastoral background?  Of a simpler life offered?  Of human relationships that might otherwise have never been forged?  Or does it abide in the idea that the true treasures we seek are hidden just beneath the surface, where such places are stepped over each and every day without their due recognition?

For Federal employees and U.S. Postal workers who suffer from a medical condition where 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 “life-lessons” from the Detectorists might be that clinging to those things we consider “treasures” while one’s health deteriorates may be a wrongheaded approach; and while obtaining a Federal Disability Retirement annuity may not be the “answer” to all of the difficulties faced by the Federal or Postal employee struggling with a medical condition, it at least allows for the Federal or Postal employee — whether under FERS, CSRS or CSRS Offset — to focus one’s greater efforts upon regaining one’s health.

And like the detectorists who scan about for treasures beneath the surface, it may be that a more pastoral lifestyle without the stresses of the modern workplace may serve to bring about a healthier outcome.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement for Federal Employees: The Abridged Joyce

The extraction and extinguishment is done by unnamed others, sometimes in teams of unknown quantities, and certainly of dubious qualification of insight.  In a similar vein, writers have always complained of the artistic ineptitude of editors, and editors of the quaint verbosity detracting from the plot, narrative and captivating flow missed by writers in pursuit of “Art”; but is there ever a “middle ground” when it comes to the integrity of the soul?  But how can you cut away the content of the work, when the process itself is part and parcel of the substantive construct of the whole itself?

It would be like removing the heart itself, or perhaps even the human brainstem from the spinal cord, thereby violating the vertebral contiguity and effectively separating thought from movement, material from the spiritual, and soul from the activity which defines life itself.  Can Joyce, Tolstoy or even Scott Fitzgerald be abridged?  One can imagine the journalistic brevity of Hemingway, where incisiveness of narrative is reflected in the economy of words, but even to that, isn’t the stronger argument that the great Papa’s works are already so edited to the core that any further amputation would render the body functionally illiterate?

Yet, we accept the Reader’s Digest version of works for want of time saved and the capacity to declare a reading conquered; and others would quip, but surely it is better than just reading the Cliff Notes, isn’t it?  Not sure about that; as such cottage industries serve a different purpose — of understanding the content and context of a thing, as opposed to the enjoyment of the work itself.

But if quantity of linguistic captivation is so interwoven with the rhythmic balance of the entirety and aggregate of the whole, can an abridged Joyce be justified, ever?  Or have we accepted that, as life itself can be cut short without demeaning the relevant historicity of its linear heritage, so reading the partiality of an excised edition is just as good, somewhat as acceptable, and ultimately a pragmatic decision in terms of time saved and effort expended?

As Art reflects Life, so for Federal employees and U.S. Postal workers whose careers and lives are interrupted by a medical condition, such that the medical condition prevents the Federal or Postal employee from continuing in the chosen field and career, preparing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management allows for the abridged Joyce of a hyphenated accentuation.  For, in the end, the quip that Life mirrors Art is a limited proverb.

The Federal or Postal employee never asked for the interruption of the medical condition, but there it is — a bump in the pathway of life itself, with very little “art” to show for it.  But the narrative of one’s Federal or Postal career must be written in the Statement of Disability with care and collection of medical evidence to back it up, and the SF 3112A, Applicant’s Statement of Disability, is nothing but an artful way of deceitful cunning by a bureaucracy which attempts to subvert and deny at every turn, and the life of such a linguistic animal must be prepared well, formulated cogently, and submitted with confidence of purpose to maneuver into the maze of bureaucratic obfuscation.

The abridged Joyce will always be offered in this world of abbreviated concerns; filing for Federal Disability Retirement, whether under FERS, CSRS or CSRS Offset, on the other hand, is the only option remaining for many Federal and Postal workers injured or ill during the Federal tenure of one’s life, and should be accomplished with the care of the expanded version, and not an edited parcel to be cut and sliced like so many narratives in the trashbin of society.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Lawyer: Life’s Series of Decisions

As activity is the fingerprint of life, and inertia denotes death (or at least a somnolence of sluggishness), so the parallelism between thought and life follows the logic of movement versus progressive decomposition.  Thinking, according to Aristotelian tradition, constitutes the essence of human-ness.  Other species may have characteristics which define and distinguish; for the human animal, it is the process of thinking, or thought-engagement, which differentiates and identifies by uniqueness of quality.  Part of that cognitive process involves decision-making.

For all species, this cannot be the essence of being, because such a principle applies to every genus, lest we conclude that determinism is ingrained in one’s DNA.  Predators must decide when and upon what the advantage of a chase will result; frogs must affirmatively choose when to snap that elongated tongue in the split second of time to satisfy its appetite; and men and women must resolve issues short of confrontations engaged in a prior state of nature, to confirm that civilization is indeed a progression of culture and sophistication, and not based upon brute force.

The underlying principles, then, which distinguishes human decision-making from other species, must be some other component; perhaps that of the formulation of a paradigmatic criteria upon which an option is considered.

In the process of thoughtful decision-making, what criteria do we apply?  For Federal employees and U.S. Postal workers who are considering filing for Federal Employee Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, the criteria-based paradigm of choice-making may be limited:  You can remain within the inertia of present circumstances; you can walk away in order to “save” your health, while also partly engaging in the first option (i.e., change into the inertia of a different set of circumstances); or, you can file for Federal OPM Disability Retirement benefits.

If the third alternative is the one opted for, then a series of additional questions and answers must be posed and resolved:  How many years of Federal Service; how long will the process take; what are the chances of success; will my doctor support me in this endeavor; and multiple other queries.  For some of these, further research and investigation will provide the answers; for others, seeking legal counsel, expert advice and general wisdom of experience will be helpful.

In the end, inertia should be disengaged, as lifelessness should never define the essence of a living being; and the thoughtless void which modern society and technological dominance tends to cower us all into, should be pushed back and resisted, like the days of yore of Masada and other uprisings which manifest the destiny of humanity, that life on any planet, Mars or Earth, is indeed a rarity even among a plenitude of apparent activity.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Law: Agency Adverse Actions

Calamities coalesce in concurrent coordinated couplings; often enough in life, when one action is engaged, another follows in reactive reflection.

For the Federal employee or U.S. Postal worker who has a medical condition, such that the medical condition impacts one or more of the essential elements of one’s job, the necessity to, or mere hint of 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 invokes a concurrent action on the part of the agency.

Whether such actions are mere coincidences (unlikely); retaliatory (a good chance); or deliberatively intentional (often enough) is anyone’s guess.  Trying to figure out the underlying motivation of agencies is merely a waste of one’s valuable time; what to do with the agency’s adverse actions, is the more productive approach to embrace.

The argument that finds some precedence for OPM in arguing against a Federal Disability Retirement case, is that somehow the Federal Disability Retirement application was merely a pretense to avoid termination, and thus is somehow invalidated.  But, in fact, the reverse can be argued as well:  Because of the medical condition, the agency’s adverse actions reflect the poor performance, the excessive taking of SL, LWOP, etc., and irrefutably confirms the validity of the Federal Disability Retirement filing.

What the agency’s adverse action states; how it is characterized; what surrounding correspondence exists; and the extent of one’s medical documentation around the time of the agency’s actions, and prior to, are all important components in preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire