Attorney Representation OPM Disability Retirement: The pleasurable distraction

When does a distraction itself become a distraction, such that the pleasure beheld becomes instead a burden and no longer is a pleasurable distraction?  It is like the tangents that become the mainstay of a life; suddenly, the peripheral matters become the central conditions, and those fences that once preserved the clear boundaries have fallen into disrepair, and instead there seems to be no end to the bifurcations needed in life’s inherent complexities.

Thus, was once a hobby a pleasurable distraction, now merely a nuisance that is left in the junk heap in the corner of the garage?  Or an activity of physical exercise that one exuberantly tackled, now a necessity because of failing health, and increasingly intolerable because of the time it takes, the stresses of needing to attend to other, more “meaningful” projects, and so we exchange prior declarations of glee for that of old-age grumbling.

Playing with the kids; throwing the ball with the dog; watching a movie together with that “special other”; these were once pleasurable distractions, now jumbled into the stresses of life as if they are just “things to do” on the daily lists of activities, as opposed to that which is “looked forward to” in order to escape the centrality of problematic living.

We have lost, in modernity, the capacity to enjoy; oh, yes, we make statements about how “happy” we are, and put on a brave face or a phony smile; but the reality is that “happiness” has lost its core meaning precisely because we are all expected to be so.  And thus has the pleasurable distraction been cast away on the trash heap of history’s many experiments, one more to be counted on the negative side of the proverbial ledger.

For Federal employees and U.S. Postal workers who have experienced 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 position, always remember that the pleasurable distraction was once the central focus of why we do what we do; and when that pleasurable distraction becomes transformed into a nuisance because the core basis upon which we engage the world – our work, our career, our means of making a living – becomes such a burden that we must abandon all such pleasurable distractions, then it is probably time to consider preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

For, when those pleasurable distractions become impeded by the unpleasant deterioration of a medical condition, the entire basis of the structure of why we continue on becomes questioned, thereby requiring a reformulation of the structures of unscientific evolutions – i.e., what it means to be “happy”.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Simplifying the Complexity of a Case

Have you ever had a technical person explain things in the mysterious jargon of his or her specialized field?  Or, the one who breaks it down into coherent components and translates it into a language game which is comprehensible?

Those in the former category are usually quite impressed with themselves, and are happy to hear the sound of their own voices as the supposed explanatory interlude maintains a semblance of technical competence superior to the audience of targeted turmoil.

The latter populace does what few have come to recognize:  competence is not determined by mere superiority of technical knowledge, but the ability and capacity to apply the knowledge, reduce it to its simplified contents, then provide an explanatory foundation through reduction of complexities into manageable form.  Otherwise, the esoteric nature of any discipline will be governed by every schmoe who can master the language game, without actually acquiring the technical expertise in the application of select knowledge.  For, in the end, the test of sincerity of words is not a compounding of further words, but of actions following up with a revealed understanding of both what was said, as well as done, in any given context.

Similarly, the fact that the salesman can talk the lingo of technology does not mean that he or she can fix a broken computer; it just means that the salesmanship is a learned volume of nice-sounding paragraphs.  For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent one from performing one or more of the essential elements of one’s job, the entrance into the universe of Federal Disability Retirement may be an option which must be entertained.  It is a surreal world of new terms, technical contents and definitional strangeness which constitutes a complexity beyond mere words, simply because the consequence of decisions made today will impact choices governed by tomorrow.

Can the complexity of the Federal Disability Retirement process be simplified such that comprehension of the bureaucratic procedures can be understood for its administrative context in the importance of both process and substance of content?  Because Federal Disability Retirement involves statutes, regulations and court case-laws of precedence from previous cases challenging various aspects of the process and substantive issues, the complexity of the entire venue is based upon the cumulative aggregate of decades in the making.  But of that larger universe of process and procedures, what splinter and slice is actually relevant to one’s particular case?  Probably a very small portion.  That is the focus which should be taken.

When one enters an arena of mystery, it is difficult to determine the relevance within the context; and relevance requires selective content and re-creating of one’s own context.  For Federal and Postal employees who 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, the importance of simplifying the complexity of one’s own case should be governed by information, knowledge, and selective application of relevance and required completion of necessary content.

Try this for a change, as a test of the principle of knowledge and application:  enter one of those chain-gadget stores and hand the know-it-all salesman a gadget needing repair, and see the language game of competence turn to a stuttering paragraph of excuses and explanations about how the complexity of the component is simplified by the simple justification:  Not my Department.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Attorney: The Social Security factor

For Federal and Postal employees under FERS, who now comprise the majority of the workforce in the Federal government, the issue of when to file for Social Security Disability benefits (SSDI) while concurrently filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, is often a recurring question.

On SF 3112A, at the very bottom of the standard form, there are two boxes to check with respect to whether (A) Social Security disability benefits have been applied for, and (B) whether the receipt has been attached and included with one’s Federal Disability Retirement application.

Since most FERS Disability Retirement applicants are still on the agency’s rolls as either active employees, on Sick Leave, Annual Leave or Leave without Pay, the filing for Social Security disability benefits becomes an anomaly, a puzzle and a conundrum, precisely because of the following: Ultimately, the reason why Social Security disability benefits must be applied for, is to see whether or not a coordinating “offset” between FERS Disability Retirement benefits and Social Security disability benefits will be appropriately imposed (a 100% offset in the first year of concurrent receipt of benefits where the annuity rate for the FERS Disability Retirement annuitant is set at 60% of the average of one’s highest-3 consecutive years of service; then, every year thereafter, a 60% offset during each year of concurrent receipt of Federal Disability Retirement benefits at the Federal Disability Retirement annuity rate of 40% of the average of one’s highest-3 consecutive years of service); but presumably such an analysis leading to an offset would occur if an approval by the Social Security Administration is based upon information concerning the severity and extent of the medical condition and disability, and not because a denial of Social Security disability benefits is based upon one’s status of employment.

But here is the “rub”:  Human Resource Offices often will demand and insist that Social Security disability benefits must be filed for, before the Federal Disability Retirement application can be forwarded to OPM.  Nothing could be further from the truth; but then, as gods, dictators and other power-wielding fiefdoms comprise the vast expanse of authoritative sources in the universe, it is often a good idea to go with the flow, file (with minimal effort expended), obtain a receipt which shows that one has filed, and be asked at a later date to duplicate the effort, if needed.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Days of Partial Life

To whom do we owe our due?  What motivates, compels and propels?  Is it by way of a sense of indebtedness (a sort of negation attempting to claw back and regain a foothold), or an assertion of one’s rightful ownership of life, land and property?  Or perhaps there is a sense of a higher calling, whether by teleological justification, or a whisper of duty?

Some days, we walk within a mist of stupor, half-alive, barely conscious, and hoping to simply get through the day.  Other days, a breath of fresh air fills our lungs, and life promises a brighter future, like the winds suddenly lifting the stagnant kite higher into the heavens where promises of greater glories hold truth in the palm of an angel’s hand.  We often fail to recognize the power of our own daily will; it is free to choose, undetermined in the morning, past memories in the afternoon, and concretized by night.

There is a difference when an individual is beset with a chronic and debilitating medical condition, precisely because in such circumstances, one’s daily life is no longer free to choose like entrees on a menu for a preset course of delectable meals.  No, individuals with impacting medical conditions can only live lives of partial living, bifurcated into elementary segments:  times of pain, times of being pain-free; times of lethargy and cognitive loss of focus, and rare times of mental acuity and clarity of judgment.

For Federal employees and U.S. Postal workers who suffer daily from a medical condition, such that the medical condition begins to prevent one from performing one or more of the essential elements of one’s job, the judgment to file for Federal Disability Retirement may come when the proportionate bifurcation of the partial life reaches a critical point where the segment of pain exceeds the portion of non-pain, or put quite simply, when the quality of life deteriorates so miserably that one’s days off are merely used up in order to recuperate for further days of pain or cognitive dysfunction.

Federal Disability Retirement, filed through the U.S. Office of Personnel Management, is a benefit available to all Federal and Postal employees who have a minimum number of years of Federal Service (18 months for those under FERS; 5 years for those under CSRS).

When those days of a full life become transformed into a chronic continuum of days of partial life, it is time to consider preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire