Medical Retirement from Civil Service: Chaotic interludes

The root word itself stands for the state of being prior to the ordering of the universe – either by the hand of God or through natural evolution; or, if you are a Get Smart fan, it is spelled somewhat differently – KAOS – and is actually not an acronym that stands for anything, but is an international organization set to do evil that only Maxwell Smart, Agent 86 and his partner Agent 99 can prevent from accomplishing their terrible deeds; or, if you are an engineer, you may know the acronym as standing for “Knowledge Acquisition in Automated Specification”.

In any of the events, the state of Being otherwise recognized as “Chaos” (or its alternative spelling, KAOS) is identified as something unwelcoming, insidious and to be forever avoided.  Yet, life brings about such states from time to time, as if to remind us that order, sequence, linear models of livelihoods and pristine beauties of uninterrupted serenity are rare in the discourse of nature’s continuum.

Chaotic interludes tend to rear its ugly head just when things seem to be going smoother; when we least expect it; when the quietude of our lives seem in perfect balance; then the disaster, the disordering impact, the jumbling-up and shaking it all about comes crashing like thunder in the night to awaken us with a start.  A start?  To do what?

Perhaps as a test; as a challenge; to rethink the priorities of our lives; and to remind us that life is not a matter of slumber and remaining in a constant state of stupor and repetitive thoughtlessness, but a chasm of necessity mandating daily focus, concentration and attention to the important things around us.  Maybe we were becoming too complacent; perhaps the monotony of habit was making of us all bores to be avoided; or, more likely, we were just getting steeped into the ego of our own self-centeredness.

Whatever the reason, chaotic interludes tend to hit us in bumps and pushes, sort of like standing in a line to get into a movie theater or on the waiting list for a restaurant, and suddenly an earthquake hits the area, or a robber comes running out of the establishment and pushing you onto the street where oncoming traffic busily spins its wheels, or more commonly, you are diagnosed with an unexpected medical condition, and that medical condition becomes a slowly deteriorating, progressively debilitating state of Being.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact the capacity and ability to perform the essential elements of one’s position with the Federal Government or Postal Facility in ways that clearly show that you cannot do the job anymore, the concept of chaotic interludes is nothing new.  The real question is:  What to do about it?

One option is to prepare an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.  That’s the thing about chaotic interludes; the options available are often limited; but out of the chaos that ensues, what is often important is to recognize the problem and tackle the issue in the best possible manner.

Otherwise, call Maxwell Smart and hope that his shoe-phone is in good working order.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement from Federal Employment: The Reconsideration Stage

Much time is often wasted upon rebutting incoherent arguments.  Such a statement is true in a great many sectors of life, as well as with an initial denial received from the U.S. Office of Personnel Management.

The first reaction in response to an Initial Denial received from the U.S. Office of Personnel Management, is to panic and become disheartened:  The Federal Disability Retirement applicant has waited many, many months, just to get to this point of being denied an application which was thought to clearly meet the legal standard of preponderance of the evidence, and perhaps the medical narratives and treatment records clearly and unequivocally established the nexus between one’s medical condition and the essential elements of one’s job.

What could have gone wrong?  What was deficient?  What unanticipated mistakes were made?

To top it all off, a quick perusal of the denial letter makes it appear as if the application never had a leg to stand on –  seemingly contradictory statements extrapolated; selective quotes from doctors, supervisors, etc., that tend to undermine the proof needed; deficient documentation and multiple garbled references to the “Disability Retirement Law” that has simply not been met.

How does one counter and rebut such an overwhelming denial of one’s carefully gathered and constructed information?

There is the “proper” and “effective” way, but one’s initial inclination in reactive form is normally not the way to go about it.

The Federal employee or U.S. Postal worker who finds himself/herself in such a situation – of facing an initial denial from the U.S. Office of Personnel Management – will often want to just “give up” and try to endure the pain, anguish and cognitive deterioration by going back to work (if that is even possible and the Federal or Postal employee has not yet been separated from service), or just simply walk away from one’s well-deserved Federal Pension and early Federal Disability Retirement benefits, and forego the benefits earned and vested.

Of course, that is precisely the thought-process that the U.S. Office of Personnel Management wants you to embrace.

It is often stated (erroneously) that filing a Federal Disability Retirement application through the U.S. Office of Personnel Management is not an “adversarial” process – and that OPM is not there to “fight you”, but rather, to ensure that all Federal Disability Retirement applications fulfill the requirements of the law.

If that were truly the case, then why does an OPM denial point out only the deficiencies, and never the positive aspects of a Federal Disability Retirement application?  Why do OPM denials always present themselves as overwhelmingly unqualified and argued as if there is absolutely no basis or chance of an approval?

Precisely – because, despite stating otherwise, the administrative process of trying to obtain Federal Disability Retirement benefits from OPM is just that:  an adversarial process which requires an advocate to fight for your rights.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: The dynamic duo and the perfect tandem

There are times when life “clicks”; the mistake is made to gaze at one’s navel at such times of apparent perfection, and to try and capture that something in a bottle and attempt a reenactment and regurgitation of that which works, when the reality is that it is merely a fortunate day to be experienced and enjoyed, like the perfect alignment of the planets in macrocosmic reflection upon a molecular structure of abiding mystery.

Batman and Robin represented the former; without words (except in comic-like expressions in the black-and-white version of the television series) and with the ability of almost telepathic-like eeriness, the dynamic duo could battle the forces of evil and protect the unfortunate city of Gotham with nary a wink, a word or a nod.

As for the latter, the team of coordinated bicyclists or the almost mechanized capacity of the coxed eight displaying the repetition of the anatomy of rowing that is all-important for consistency in order to gain the maximum leverage from each rower, as the “catch” and the “extraction” are engaged in a constancy of monotonous display in ballet-like fluidity.

The perfect tandem is a rare achievement; like the Unmoved Mover in Aristotle’s Metaphysics, we can only strive towards that perfection, without ever touching and glancing it.  Can it be reenacted and repeated by sheer will?  That would presume much – as if the arrogance of our own self-knowledge could replace the ignorance displayed in our everyday lives.  But as life does not come with a recipe to follow, that dynamism in duality and the penultimate construct of fluid coordination cannot be reconstructed, if merely because we never own the fullness of knowledge that Being never completely reveals.

For Federal employees and U.S. Postal workers, the “dynamic duo” and the “perfect tandem” was often the coordination of one’s career and the accolades received in the very competence of work.  Work balanced one’s personal life in allowing for a sense of achievement to be had; and one’s personal life was enriched in the very mission being accomplished.

Then, along comes a medical condition, such that the medical condition itself became the interruptive and disruptive force; and, suddenly, the dynamic duo and the perfect tandem no long was, or is – depending upon what the meaning of “is” is (sorry, could not refrain from the obvious reference).  When that dynamic duo is fractured, or the perfect tandem disrupted, it is time to rethink a different paradigmatic foundation.

Filing for Federal Disability Retirement benefits, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, is just such a remedy.  For, once the dynamism of duality is severed, or the perfections of a tandem diminished, it is a loss which can rarely be recapture, and thus it is the perfect time and place in one’s life to consider preparing, formulating and filing an effective Federal Disability Retirement application, to be filed (ultimately) with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire