FERS & CSRS Disability Retirement: The Art of the Story

There is the subject itself, and then there is the art of the subject thus identified.  At some point in every civilization, the academic study of a subject becomes pedantically necessary, and a “cottage” industry developed.

Once upon a time, the “story” was an important and inseparable component of a culture; the storyteller was the keeper of the village’s identity, the protector of its essence where mythology and folklore provided meaning, relevance and its self-knowledge of who one was, where one came from, and what the whole purpose of existence meant.  Without The Story, people wandered off despondent, lost, and without a teleological force to hold the unit of peoples together within a coherent whole.

Then, writing came along and as the technological tools of the craft disseminated to other and wider cultural arenas, the shared ideas and adventures of each culture became better known, and assimilated by each over and within others.  The “Art” of the story became the study of it — of what constituted an effective story; what made people laugh, cry, and the erudite articles that explained that which was once obvious and self-evident.  Categorization and specialization soon follows; whether as it becomes more sophisticated or intellectually advanced as a reflection of it, or merely because complexity follows upon a self-satisfaction of what we deem as “progress”, who will ever know?

The “Art” of the story somehow came into being — of the study of a once human need began around a campfire where a village told of its origins, now relegated to the halls of academic “science” where dissection, analysis and discussions ensue.

For Federal employees and U.S. Postal workers who have a “story” about a medical condition that is beginning to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the Art of the Story becomes a necessary form of application, because SF 3112A —Applicant’s Statement of Disability — requires not only the telling of one’s story about the medical condition, the impact upon one’s ability and capacity to perform one’s job duties, and how it has dominated all aspects of one’s professional and personal life, but beyond: it must comply with and meet the legal eligibility criteria by a preponderance of the evidence, thus forcing the Federal and Postal employee to go beyond the story itself, and to be fully aware that the Art of the Story has more to do with the proper and effective presentation of it, than the story itself.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Information: The shaken confidence

Tree limbs can be shaken; hands can shake, evidencing some agreement or initial salutation of a wordless sort, or even accompanied by some utterances; and the earth can shake as the subterranean tectonic shifts invisible and otherwise unnoticed, which then can result in tsunamis and other natural disasters.

The shaken confidence can take many forms; and the forms themselves cannot so easily be identified.  It presumes, first of all, that there was “confidence” to begin with, lest that which is shaken could not possibly have occurred unless it preexisted the loss of it.  Yet, too often, the evidence of its very existence is merely the lack of any contrary characteristic — i.e., a negation that fails to manifest existence and thus cannot actually be proven.  Of a person who walks about without any noticeable trace of lack — do we say of him or her, “He has confidence’?  Or is it just the one who has an overabundance of it, who struts around like a proud peacock or a rooster who takes no guff of whom we attribute “overconfidence’?

In normal discourse we just assume that, unless there are indications to the contrary, everyone who stands and walks amidst and among us possess some level of “confidence” or, in more particularized form, of “self-confidence”.  What are the events or issues that “shake” it, and what can an attribution of such an event mean?  Perhaps it is triggered by some tragic source — a trauma of a very personal nature, of death or an accident, perhaps; or can it be by mere utterance of words, of a berating boss or an insensitive spouse?  Or, how about a realization that one’s presumed immortality is simply not so?

None of us believe in immortality — at least, not in the sense that we will live forever walking about this earth.  Yet, until an event “reminds” us of our mortality, we take it for granted that life goes on as the day before, and the day before that; and so the concept of immortality resides by avoidance or ignorance, until something “reminds” us that, indeed, mortality is the nature of life, and flesh is by each instance and in incremental subtlety progressively deteriorating within the microscopic cells of slow degeneration.  And of a medical condition — can it be the source of the shaken confidence?

For Federal employees and U.S. Postal workers who suffer from 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 job — the shaken confidence resulting from the progressively deteriorating medical condition is just as real as the earth that trembles and groans from tectonic shifts that moves and crumbles the structural integrity of high engineering feats.

Federal Disability Retirement is often not a choice made in confidence, but from a lack thereof; for, a medical condition cannot be viewed within a vacuum of a mere diagnosis that can be surgically extracted; rather, a medical condition is a sequence of aggregated tragedies — of the medical condition itself; the symptoms which result; the impact upon one’s personal and professional life; of the effect upon family and friends; of the triggers upon one’s psyche as well as the physical pain and mental anguish experienced.

In short, the shaken confidence of the one who used to walk about the earth as if you owned it, and 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, is simply the first step in regaining that “shaken confidence” that was once a day before in a time now long forgotten presumed to have always been there.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Technically correct

What does a person mean when it is said, “Yes, that is technically correct”?  Does it matter where the inflection resides, or which part of the statement is emphasized?  If greater syllabic magnification is placed on the word itself, whilst the remainder of the sentence is left in a monotone of boredom, is something else being conveyed beyond the mere words declared?

What if the hesitation on the first word is elongated, as in, “Ye-e-e-s, you are technically correct.”?  Or, how about this one:  “Y-e-e-e-s…you ARE technically correct.”?  Further, why do we always expect a conjunction to follow, as in, “Yes, you are technically correct, but…”?  Does such a sentence imply that a person can also be un-technically correct?  If so, what would that mean and what factors would be included in coming to such a conclusion?

What practical or real-life consequences are inherent in the truth of such a statement, such that it might alter or modify our approach to a given subject?  If an engineer is building a skyscraper and turns to the architect and says,” Yes, you may be technically correct, but the entire building could nonetheless collapse” — how is it possible that the architect could be “technically correct” yet mistake the un-technical side of things such that it could result in a life-threatening disaster?

Or, in law, if a lawyer is “technically correct” but might nevertheless lose a case before a jury, does that mean that the “technical” argument in the law may not carry the day because the jury might take into consideration factors other than the law itself in rendering its collective decision?  Yet, isn’t “the law” nothing more than an aggregate of technicalities to begin with, and therefore, does it even make sense to speak of being “technically correct” within the purview of the legal arena?

For Federal employees and U.S. Postal workers who are contemplating preparing, formulating and filing an effective Federal Disability Retirement application, to be technically filed with the U.S. Office of Personnel Management, whether technically under FERS, CSRS or CSRS Offset, it may be technically correct that certain legal criteria must be technically met; however, when putting together a Federal Disability Retirement application, just remember that the technically sufficient Federal Disability Retirement application should always, technically speaking, contain an aggregation of medical documentation, legal argumentation and personal narrative combined to make an effective presentation, better guided by a legal technician otherwise known as a counselor, attorney or lawyer in this technically empowered universe — technically speaking, of course.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Meaningful turns

How many turns do we make on any given day?  Not just actual ones, like those turns while driving a car, but figurative ones, as well.  If a person approaches you and asks, “Did you make the right turn?” — what is the response?  Is there a “right” answer?  Is there a relationship in the English language between the terms “right”, “left” and the physical attributes we possess?

If a person tells of another, “He’s way out in left field,” is that because we attribute the term “left” with residues of the negative?  And, how did the terms “left” and “right”, when referred to in politics, come to have a meaning of equivalency?  Was the fact that right-hand dominance was historically preferred to left-handedness, to the extent that teachers once used to punish those students who naturally attempted to utilize their left hands in handwriting, drawing, etc., account for the linguistic dominance and preference given to the term “right” as opposed to “left”.

Do we understand the concept with greater presumption when a person says, “He made a left turn and got lost,” even if the person actually made a right turn and found himself in an unfamiliar neighborhood?  And what of “meaningful” turns – are there such things, as opposed to spurious and meaningless ones?  How often we confuse and conflate language with figurative speech and objective facts; and then we wonder why most people wander through life with confusion, puzzlement and an inability to cope.

Russell and the entire contingent of British linguistic philosophers, of course, attempted to relegate all of the problems of philosophy to a confusion with language – and, of course, only the British, with their history of Shakespeare and the sophistication of language, its proper usage and correctness of applicability could possess the arrogance of making such an argument.

But back to “meaningful turns” – in one sense, in the “real world”, every turn is meaningful to the extent that we turn and proceed towards a destination of intended resolve.  But in the figurative sense, it refers to the steps we take in mapping out consequential decisions.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of the Federal or Postal worker’s position and duties, the “meaningful turn” that one must consider should by necessity ask many questions:  How long can I continue in this job?  What are the consequences of my staying, both to my health as well as from the Agency’s perspective?  How long before my agency realizes that I am not capable of doing all of the essential elements of my job?  Will my excessive use of SL, AL or LWOP become a problem with the agency?  And what about my health?

These are just a series of beginning questions on the long road towards making one of the meaningful turns that confront the Federal or Postal employee in the quest for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Workers: Of other’s misery

It may give one a sense of short-term satisfaction; sort of like Chinese carry-out, it satisfies for an hour or so, then seems to lose its efficacy for fulfillment.  Whereas, there are other foods that tend to last for greater time; and so it is with receiving news or information of other’s misery.  It certainly allows for a comparison of sorts; of tilting balances imagined, or even for contrasting accomplishments forsaken, dreams yet unfulfilled or misery unabated.

Of other’s misery – we condescend, conceal our delight and contend that we care and “feel terribly”; in other words, we sit and do nothing about it, even if we were able to.  Oh, we give the proper lip-service, of course: “How terrible”; “What a shame”; “What can one do?”  But all the while, inside, we whisper in soliloquys that harbor those feelings of secretive annoyances that say, “Thank goodness it is the other guy,” and begin to take an inventory of relief and comparative analysis of how best to take advantage of the situation.

Is that too cynical a viewpoint?  Does Machiavelli live within all of us?  Perhaps not to the extent described.  Then, what of other’s misery?  At a minimum, it provides a contrast and places us in a state of reality that says, Maybe our situation is not so bad after all.  Contentment by contrast of balancing the misery of others, however, is no way to live.

For Federal employees and U.S. Postal workers who suffer from 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 job, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the key to preparing a successful and effective Federal Disability Retirement application to be submitted to the U.S. Office of Personnel Management is not by comparing the content of other’s misery, but by a direct creation of a nexus between one’s own medical condition and the essential elements of one’s position description.

Forget the instinctively wrong-headed approach of asking, “Well, does X-medical condition qualify if so-and-so had the same condition and was still able to work?” Or: “There are others more bad off than I am, so…”  So what?  Federal Disability Retirement is a specific legal basis that requires specificity as to individual circumstances.  It is irrelevant as to issues of other’s misery; it is one’s own that one must focus upon.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employees Disability Retirement Systems: The Quarantined Mind

From early childhood, the necessity of imposing constraints and conformity produces the positive effect of a well-ordered society.  But corollary and unforeseen consequences often occur, as in the quashing of creativity and mindsets which step outside of the proverbial “box”.

The problem with people talking about thinking “outside of the box” is that such a thought process itself constitutes nothing more than mundane conventional wisdom.  Those who have considered thoughts beyond the artifice of social concordance have already done that which is widely preached, but little known.  Then, along comes a calamity or crisis, necessitating a change of lifestyle and a different manner of approaching the linear and customary manner of encountering life.  The other adage comes to mind:  necessity is the mother of invention.

Medical conditions tend to do that to people.  Suddenly, things which were taken for granted are no longer offered:  health, daily existence without pain; the capacity to formulate clarity of thought without rumination and an impending sense of doom.

Federal Disability Retirement is a benefit offered to all Federal and Postal employees who require a second chance at life’s anomaly; it allows for a base annuity in order to secure one’s future, while at the same time allowing for accrual of retirement years so that, at age 62, when the disability retirement is recalculated as regular retirement, the number of years one has been on disability retirement counts towards the total number of years of Federal Service, for recalculation purposes.

It allows for the Federal or Postal employee to seek out a private-sector job, and earn income up to 80% of what one’s former Federal or Postal position currently pays, on top of the disability annuity itself.  It thus allows and encourages the Federal and Postal worker to start a new career, to engage another vocation, and consider options beyond the original mindset of one’s career in the federal sector.

In the end, it is often our early childhood lessons which quarantined the pliant mind that leads to fear of the unknown because of changed circumstances.  To break out of the quarantined mind, sometimes takes a blessing in disguise; but then, such a statement is nothing more than another conventional saying, originating from the far recesses of another quarantined mind.

Sincerely,

Robert R. McGill, Esquire

 

Legal Representation on Federal Disability Retirement Claims: The Bionic Future

Futuristic novels and foretelling of inventive creativity reveal an aspect of humankind in multiple forms:  imagination transcending time, but coupled with fear and angst which is often the fodder for science fiction and impending technological anxieties. They constitute, of course, the flip side of a singular coin:  fear on the one hand, and imagination fed by the fear, on the other.

From Alvin Toffler’s works, to George Orwell’s expressed concerns about technology and totalitarianism, the genre of future-telling is not limited to prophets and self-described preachers of doom.  During the 70s, with a concluded war having brought back innovative ways of replacing limbs and disfigured personalities, the idea of bionic components melded with human flesh gained popularity with a television series accounting for the cost of such creativity, with a follow-up series starring a woman who engaged in feats which occurred not only in slow motion, but within an irritating background noise reminding us of the obvious of what was happening before our very eyes.

But the future is always slightly behind us; what we think foretells of our angst and fears is often within our midst, already.  From shoulder replacement surgeries, to new hips, new knees and transplants of organs throughout our bodies, the old prosthetic devices which Captain Hook once wore have become sophisticated models of human form. If only Steve Jobs was still alive and the CEO of such creations, we would all be living and talking Apples.

For Federal employees, and especially U.S. Postal employees who engage in repetitive work of self-harming overuse of limbs and other extremities, there comes a point when the need for bionic technology is suggested for transference of pain and growing debilitation.  Federal Disability Retirement benefits will normally allow for continuation of health insurance coverage, once the Federal or Postal employee becomes a Disability Retiree or annuitant, which is an important component of the benefit.

Federal Disability Retirement, or otherwise known as OPM Medical Retirement, or sometimes as FERS & CSRS Disability Retirement, is a benefit available for all Federal and Postal employees who meet minimum Federal Service requirements, and is filed through the U.S. Office of Personnel Management.

Often, through work which further deteriorates a physical condition, the repetition and overuse of man’s anatomy requires replacement and bionic transplantation.  Such bionic melding, however, normally does not allow for continuation in the same line of work, and that is where Federal Disability Retirement is often the answer to the loss of one’s ability to perform all of the essential elements of one’s positional duties.

For, in the end, the Six Million Dollar Man and the Bionic Woman were not merely television shows for entertainment purposes; they were the future, told with angst and fear, of a time transcending the present and foretelling of a society where technology and human flesh would meld to become a new man for a bold age — an age which has now come to fruition.

Sincerely,

Robert R. McGill, Esquire