Federal & Postal Disability Retirement from OPM: Ruminations on the past

Whether one does X is often of little significance; “Why” it is done, and to what extent, is quite another matter.  The past – whether of long ago, beyond the time of memory holding presently or of history being read about, or the past of one’s own kept in sequestered moments of reflective thought and in photographs carefully guarded and encased within a protective album of shelved remembrances – is a time behind; the future, an angst-filled uncertainty few of us look forward to.

It is the present, and how we treat it, spend it, work it and waist it away or labor furiously to appear “productive” about; and then, there are ruminations on the past.

That is where the “why” and the constant obsessions begin to overwhelm – of what we could have done differently, where we “went wrong” and what lessons can be gleaned for today.  Ruminating on the past is a favorite pastime for many; but when it begins to destroy the future by robbing from the present, it is time to set aside such wasted efforts and begin to focus more upon one’s current situation in order to prepare for the future.

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 one’s Federal or Postal job, the time to set aside ruminations on the past is “now”.

Preparing a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, takes up a significant amount of time, effort and required focus upon gathering the necessary information, presenting the compelling facts and establishing the legal nexus between the medical conditions and the essential elements of one’s Federal or Postal position.

In doing so, ruminations on the past need to be suspended; angst-ridden obsessions about the future will need to be ignored; and only the “present” focus will become the necessary standard.  Ruminations on the past can come about sometime in the future; it is the present concern about past events that will be significant in securing one’s future by preparing, formulating and filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Dreams quashed

It has a ring of finality to it, a tone of termination, a quake of unequivocal endings; to extinguish, to suppress or to stamp out; it is often used as an example of some authoritative juggernaut putting down and out a rebellion by some wayward bandits; and so when it is conjoined and combined with another word – one that denotes hope for the future, a flicker of light for something positive – that has a positive connotation, it becomes an oxymoron of sorts, or a compound concept that cancels out one another.

The first word allows for a future hope and anticipation of things yet to come; the second, a denial of the first, a negation of that which one lives for.  Dreams quashed is an admission of defeat where once victory was in hand; a resignation to the reality where warmth of hope yet remained; and a bowing to a reality where the subjective universe perhaps allowed for thoughts beyond that which the objective world would dictate.

The compound concept of dreams quashed, when applied to a young soul just starting out in life, is perhaps a tragedy; as one gets older and reaches towards the dusk of life, or of the old man in a rocking chair rocking the finals days of breath away into the sunset, perhaps less so.  Yet, for everyone, whether young, old or in-between, dreams constitute the fiber of life’s worth, the filament that connects between despair and a will to move forward.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent, impede and block the ability and capacity to perform all of the essential elements of the Federal or Postal position, the recognition that a career may be coming to an end, and anticipation of that “dream job” one finally obtained after college, and the realization that the camaraderie of working on a team, of having a unified purpose and a singular mission that always moved towards the future, to fulfill mini-dreams and projects that leaped into the beyond such that tomorrow was worth living and the next day was an anticipated victory of some proportions, perhaps microscopically relative to the greater universe, but nonetheless a platform that reflected upon one’s self-worth; these constitute those very “dreams” that appear to be in danger of being “quashed”.

Sometimes, however, the dreams of yesteryear need to be adjusted, such that it is not truly a quashing, but merely a modification.

Federal Disability Retirement is a recognition not of a dream quashed, but of a priority realized – that health is not always a given in life, and that which we took for granted was never to be freely accepted, but a gift received by a token of one’s sense of mortality.  Dreams quashed are merely hopes deceived, and preparing an effective Federal Disability Retirement application, whether the applicant is under FERS, CSRS or CSRS Offset, is to merely delay the inevitability of another dream revived but perhaps left forgotten in the rush to make a living.

Sincerely,

Robert R. McGill, Esquire

 

Federal Medical Retirement under FERS & CSRS: Does reading alter?

Of course, we teach our kids to believe that it does, thinking that education is the all-important focus for future endeavors and successful careers.  And yet, the statistical studies show a consistency of denial – after schooling, whether of high school, college or beyond, the majority of individuals stop reading, unless you include road signs, directions on the back of packages (which most people disregard as well – come to think of it, of road signs, too), and the fine print on warranties (ibid).

So, is it just one of those pithy, inane phrases that fall under the general umbrella of, “Do as I say, not as I do”?  Does reading alter?  Alter what?  And does it matter “what” we read, as opposed to the act involved, “that we read”?  Would it bother someone if you saw a grown-up reading those old “Spot” books, or a collection of nursery rhymes?

If you approached the individual, or engaged in common banter at the workplace and made fun of him or her, would it make a difference depending upon the responses given?  What if the old gentleman responded with, “Well, at least I’m reading something!”  Or, what if the person turns seriously, sheds a few tears and admitted, “I never had time to read as a child, and never really learned.  I’m trying to better myself and teaching myself to read, now.”

Would such a confession instead garner a new perspective and bring out an empathetic reaction?  Or, what if that same person was seen reading a 1st grade book one day, and then tackling a complex manual about advanced logic or neuroscience – would that make you pause?

Perhaps the question itself is considered by most as rather rhetorical and irrelevant; that, it is presumed that reading does alter, but many prefer not to change and instead to remain in the constancy of monotony and repetitive stillness.  Just as the flow of a river results in erosion and soil shifting, so reading does indeed alter, and out encountering with the mind-bending activity results in the internal modification and modulation of complex biochemical structures.

Thus, for Federal employees and U.S. Postal workers who are considering preparing a Federal Disability Retirement application, it is important to read the questions posed in each of the Standard Forms in preparing a Federal Disability Retirement packet, precisely because it will alter not only the responses being prepared, but how those very responses will serve to result in a successful outcome.

Just as reading alters, so the responses to the questions read, to be read by an Administrative Specialist at the U.S. Office of Personnel Management, is also meant to alter.  For, change is the mainstay of a living entity, and reading is that tool which is meant to alter, even when preparing, formulating and filing a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: The Initial Stage

There are multiple stages in a Federal Disability Retirement process.  The term “process” is used here, because it is too often the case that Federal employees and U.S. Postal workers who engage this administrative procedure, fail to realize that there are multiple potential stages to the entire endeavor.  That is a mistake that can come back to haunt.  One should prepare the initial stage “as if” – as if the Second, Reconsideration Stage of the process may need to be anticipated, and further, invoking the rights accorded through an appeal with the U.S. Merit Systems Protection Board.

Why?

Because that is how the Administrative Specialists at the U.S. Office of Personnel Management review each stage – and especially the initial stage of the process – by reviewing the weight of the evidence, conformity to the existing laws concerning Federal Disability Retirement, and considering whether or not an initial denial will involve much resistance at the Reconsideration and subsequent stages of the Administrative Process.

Every Federal Disability Retirement application put together by the Federal employee or U.S. Postal worker  and submitted through one’s own Human Resource Department of one’s Federal Agency or the H.R. Shared Services facility in Greensboro, North Carolina (where all Postal Federal Disability Retirement applications are submitted and processed), whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is considered “valid” and a “slam dunk” – precisely because the person preparing the Federal Disability Retirement application is the same person who daily experiences the medical condition itself.

How can OPM deny my claim?  I cannot do essential elements X, Y and Z, and the doctors who treat me clearly see that I am in constant pain, or that I am unable to do certain things, etc.

But the Federal or Postal employee preparing an effective Federal Disability Retirement application must understand that there is a difference between “having a medical condition” and proving to a separate agency – the U.S. Office of Personnel Management (an entity who will never know you, meet with you or otherwise recognize your existence except in relation to a case number assigned to every Federal Disability Retirement application submitted to Boyers, Pennsylvania) – that such a medical condition no longer allows you to perform all of the essential elements of your official position.

Preparing one’s case for the Initial Stage of the process is important in establishing the foundation for the entire process itself.  It is not merely a matter of “filling out forms”; it is a matter of proving, by a preponderance of the evidence, that one’s medical condition has a clear and unequivocal nexus to the capacity and ability to perform the essential elements of one’s job.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employee Disability Retirement: Foreground-background

Perspective is always an important component in all that is seen, done and accomplished.  For, without it, a self-contained sense of importance in light of irrelevance and insignificance always seems to dominate.

Seen from afar, standing in the background, can we always determine that which constitutes the background, as opposed to the foreground, of an individual or perspective some distance away?  Does a myopic vision constrict and further complicate, where we miss the details some distance beyond and make assumptions and presumptions to the detriment of a more “balanced” viewpoint?  Or, what of “tunnel vision”, where the peripheral views are restricted, and we are left with a centrality of focus but lacking in taking into account the contextual surroundings often necessary to determine a more accurate assessment?

In appreciating a painting or a photograph, does shifting one’s vantage point make a difference, even when the reality of the object observed reflects a one-dimensional canvas covered with colors and pigmentation which alters not despite nearness or farness of viewpoint?  Of the child who has not yet figured out the difference between a bucket and a photograph of a bucket – and raises himself on his tiptoes to view what is inside of a bucket upon a table, and does the same when viewing a picture of one (or in a supermarket line in trying to discern the cleavage of a magazine’s cover), is it important to recognize the distinction between foreground and background, and if so, at what age and why?

How does one attain a level of balanced perspective, and who determines when such achievement is arrived at?  Are we just born with the capacity and ability to calculate, assess, evaluate and analyze, and the natural outcome of conclusions derived are to be entrusted merely because “it is so” and the innate character of inherent superiority of man’s solutions can be applauded?  Does unwavering certainty by tone of voice and utterance of words deserve no suspicion of questioning?  Or, if a person comes along and says confidently, “Trust me”, we are to do so merely because – what?  If we walk through a dark forest and see afar a clearing where the sun has opened a spot of visual beauty, does it matter what constitutes a foreground as opposed to a background when the undisturbed scene asks not a question of impertinence or care?

In every situation, one’s background should be taken into account, in determining the relevance of the foreground to be assessed.

For the Federal employee or U.S. Postal worker who intends on preparing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the importance of “how much” background to impart must be balanced with the foreground to be detailed, and it is always the combination of both which will determine the ultimate effectiveness in the preparation, formulation and filing of a Federal Disability Retirement application.  Foreground provides for the content of a background inserted with instrumental brevity, and too much background can dominate to make the foreground appear less compelling.  Perspective is always important, and a reasoned balance between background of a case, providing contextual information to understand the foreground of the narrative, is essential in the effective formulation of a Federal Disability Retirement application before the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire