OPM Disability Retirement: Explicit versus Implicit

The former leaves no room for confusion or doubt; the latter, a bit of “wiggle room” where insinuations, hints and suggestive openings are characteristic invitations of open regards.  They are not mutually exclusive within a paragraph or even a sentence; they are, however, antonyms, and should be used with context-defined relevance.

For Federal employees and U.S. Postal workers who are filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset, the choice of either can determine the future viability of one’s Federal Disability Retirement application.

Certainly, there are times in life when one chooses the latter methodology, for various reasons — perhaps being forthright and blunt is not the “right” approach; perhaps there is fear of offending, or mere laziness and sludge of confrontation prevents one from being straightforward.  In the legal arena, the former approach is preferable, if only to squeeze out the light of linguistic malleability and flexibility in supercilious argumentation.  But in the context of an OPM Disability Retirement packet, there will often contain multiple usages.

One’s Supervisor, in completing SF 3112B (Supervisor’s Statement), may present contradictory information by checking a box which is relatively unequivocal (is that an oxymoron — to use the terms “relatively” and “unequivocal” in the same breadth of a sentence?) but placing remarks implying the exact opposite in response to “explanatory” and more expansive questions.  Or, for the Federal Disability Retirement applicant, in completing SF 3112A, the “Applicant’s Statement of Disability”, there may be a strategy in mixing both explicit statements and providing for implicit openings for meanings and connections.

Certainly, the “law” of Federal Disability Retirement allows for it; but one must always take care in addressing the nature, extent and susceptibility of statutory interpretation in formulating one’s Federal Disability Retirement application.  Ultimately, as in most things in life, the former is preferable to the latter; though, wiggle room and the dictates social conventions may sometimes require one to be explicitly implicit in order to be inefficiently efficacious.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Coming Year

Calendric rhythms constitute artificial attempts at becoming partnered with time; like the music to which the dancer dances, there is nothing uglier than being out of step with the aura of a beat.

Eternity of time marches in a continuum without notice or constraint; our bifurcated days are broken down into days, hours, minutes and fractions thereof, as ordered slices like slabs of beef prepared for delectable consumption.  But whether the artificial imposition of our subjective categories have an impact upon the rhythmic tone of a cold and impervious world, is gleaned in rare moments of sudden insights, when a tremor shakes the foundations of tranquility, and we are awakened from the slumber of our own inventions.

Medical conditions tend to do that.  Suddenly, priorities of life must be reordered, calendric impositions of tasks to be accomplished seem to pale in weight of sufficiency, and leisure activities no longer constitute a viable avenue of escape from the drudgery of daily monotony.  Medical conditions bring to the fore the importance of that which is the essence of relevance:  not possessions, not contraptions nor toys of distractions; but of human connections.

For Federal and Postal employees who put so much of their time, effort, lives and worth of energy into the performance of daily work, a medical condition that prevents one from performing the essential elements of one’s positional duties becomes a trauma of sorts, and a shifting of tectonic plates.  Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset, is an option one should take when once the notion of value, time, priorities and the interruption of calendric rhythms has been evaluated.

In the coming year, there will be moments of clarity and insight, when it becomes obvious that one’s body is attempting to convey a warning, or where the cognitive deluge of despair blares a clarion call for the quietude of yesteryear, when the chains of time were but a hollow echo whistling in the cavernous dark of unknown depths.  The coming year will tell when it is time to file for Federal Disability Retirement.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Of Monsters and Magicians

Childhood is characterized both by fraughts and fantasies; of imagined universes filled with the realities of the unknown, tempered by admonishments balanced by a world of adults who reassure, mixed with warnings and counsel of what could be. This is a complex, complicated world; to maneuver throughout it all is to first survive successfully the caricature as depicted in one’s imagination, and to match that against the objective world replete with dangers beyond mere bumps in the night.

Monsters are creations of fictive activities, and the child is told they are make-believe; yet, at the same time and almost in the same breath, warnings ensue about the world of bad people who may offer candy and toys to lure the unwary; and of magicians, what can we say? With computer-generated imagery complete with trolls and tyrannosauruses, where cuts evoke merely a wince and levitation occurs by mere whim of fancy, can the mermaid with golden braids be far behind?

To “grow up” is to leave behind both monsters and mermaids; but what we are often left untold, is that while the linguistic designations may change, the reality of the harshness of the world beyond the mountains filled with trolls and ogres, still remains filled with adversity, evil, harm and harrowing harbingers of hopeless encounters.

Medical conditions are real. Whether spoken of as monsters within, it may provide for a more simplistic paradigm of understanding, but is just as effective as viruses, virulent infections and bacteriological encounters.  Or of trolls and ogres?  Do we not know of Supervisors and Managers who put on masks of societal acceptance when others are around, but show their fangs and claws of flea-bitten gnarls when alone with you?

Federal and Postal workers who must confront a medical condition, where the medical condition prevents one from performing one or more of the essential elements of one’s job, encounter by necessity of circumstances a world once left behind in childhood dreams; but the reality of the situation, however designated and whichever way described, often reveals a universe of unreal reality just as trolls and mermaids are; but it is still a battle which must be fought, fraught with monsters and millipedes of myriapodous anthropods crawling in the night.

Federal Disability Retirement benefits, filed through one’s own agency but ultimately with the U.S. Office of Personnel Management, is an avenue revealed through necessity, of reaching a plateau of existence in order to rehabilitate one’s self from the world of adversity. The benefit is available for Federal and Postal workers who have the minimum time in-service requirements within the Federal Sector.  It is a benefit which must be fought for, proven, and protected, just as Sir Galahad did as the brave son of Lancelot.

Whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS-Offset, the world of medical conditions and debilitating diagnoses can only be successfully countered by securing a semblance of a present need, as well as a future hope for continuation in order to rehabilitate the devastating effects of the medical condition.  It is similar to the battle in childhood, only more real than the reality of monsters and magicians.

Sincerely,

Robert R. McGill, Esquire