OPM Medical Retirement Lawyer: Acrylic Acrimonies

It usually refers to paints, but is technically an acid used to form polymers, and may be mixed in order to manufacture compound elements for plastic and other synthetic products.  The second part of the short alliteration refers to the bitterness which develops when failure, or a perceived failure, begins to gnaw at the edges of sanity. The slow, incremental, eating away at a life of accomplishment and productivity, can come when once the self-discipline of setting insurmountable parameters has been ignored or otherwise untended.  Bitterness is a state of regret, reserved for old men and furies left uncontrolled.

Acrylic acrimonies, then, describes a state of being where a kaleidoscope of bursting colors coalesce with a temperament sharpened by disappointment.  Such conceptual compounds can be creatively presented, in order to provide a framework for a mellifluous flow of linguistic metaphor.  For, as sudden and unexpected events in a person’s life can cut short an expectation of future accomplishments yet to be realized, so acrylic acrimonies can provide a scented dye to a life once calm and collected.

Medical conditions tend to bring out the acrylic acrimonies festering below the surface of a calm aptitude of competence.  For, whatever diagnosis is ascribed to a given medical condition, the mystery of deterioration still scares us.  The turmoil that one must undergo when confronting a medical condition further exacerbates the state of disarray.  For the Federal employee or the U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to impact one’s ability and capacity to perform all of the essential elements of one’s positional duties, it may be time 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 explosion of acrylic acrimonies may burst forth and be forever unconstrained, and thereby destructive beyond the intended beauty which color and paint should represent.  As red represents the color of anger, and blue the morose hue of anguish, so bitterness should remain a lonely stranger unfulfilled lest an artificial compound synthesizes forever a sense of disappointment in life.

Medical conditions can be traumatic; but the trauma of destruction through illness or disability can be somewhat ameliorated if one can reach a period of rehabilitation where the interruption of a career can become a plateau of peace.  Filing for Federal or Postal Disability Retirement benefits can allow for the beginning of a new phase in life.  Getting from the trauma of a medical condition to the receipt of an approval from the U.S. Office of Personnel Management, is the goal to attain that level of peace.  Leave behind the acrylic acrimonies for others to step into; it’s not worth the price of the can of paint.

Sincerely,

Robert R. McGill, Esquire

Hostile Work Environment in Federal Employment

Perhaps it is an inevitability.  When a Federal employee or a U.S. Postal worker suffers from a medical condition, such that the medical condition begins to impact one or more of the essential elements of one’s job, the reaction of the agency for whom he or she works (or the U.S. Postal Service), is often one of lack of supportive behaviors, to propose an understatement.  Reacting to a reactionary response, however, is not always the intelligent thing to do.

When the Federal employee or the U.S. Postal Service recognizes a need to file 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 or CSRS, the natural and instinctive thing to do is to reference the hostile work environment in one’s Statement of Disability (SF 3112A), thinking that statements about, and references to, an agency which has further exacerbated the severity and extent of one’s medical condition, will help to further the cause of attaining an approval for a Federal Disability Retirement application from the U.S. Office of Personnel Management.

Such a strategy, however, may well backfire, and one needs to be cautious in approaching the formulation of one’s Statement of Disability when consideration is given to including information concerning circumstances which may constitute a hostile work environment.

Relevant facts are always helpful; helpful facts are often necessary; and sufficiency of facts is always necessary.  However, in preparing, formulating and filing for Federal Disability Retirement benefits from OPM, discretion is the better part of valor, and that is especially true when submitting a Federal or Postal Medical Retirement application to the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: The Narrative & the Audience

Anton Chekhov’s short story, “Grief”, is often accompanied by a subtitle, variously interpreted as, “To whom shall I share my grief?”  It is both about the need inherent in human nature to tell one’s story of grief, as well as the cold, unreceptive world which has no time to hear the story.

As the horse-driven cab picks up various passengers and fares, it becomes clear that the audience to whom the father’s grief must be told, is characterized as unfeeling and uncaring towards a man who has experience a tragedy in life.  It is thus the search for the proper audience — and how the narration must be told, in the right manner, at the proper time, within the appropriate setting.

That is how all stories must be told, including a Federal or Postal Worker’s statement of disability, as formulated on Standard Form 3112A in a Federal Disability Retirement application, submitted to the U.S. Office of Personnel Management.  It is with a heightened sense of sensibility that one must put together the narrative form, with a view towards the audience; what facts and minutiae should be included; with a coherent beginning and an appropriate ending; where to begin and when to end; what details should be included, such that it does not divert one’s attention from the centrality of one’s story; all of this, and much more.

Chekhov teaches us much in his writings; how we apply it in our every day lives is left to the reader — his audience.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Substance and the Spaces in Between

The philosophical conundrum involving the ability to distinguish between dreams and reality, rests upon a fundamental confusion on the part of the thinker:  one would not be able to discuss the concept of dreams, unless there is first a presumption about reality.

The fact that we can discuss whether or not X is a dream, is precisely because there is already a pretext of a reality.  Similarly, in almost every other area of conceptual discussions:  appearance versus reality; essence versus the peripheral; and multiple other instances.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, it is important to stick to the “substance” of one’s claim, lest the verbiage and the spaces in between detract and confuse the Case Worker at the U.S. Office of Personnel Management.

Issues which lead one away from the essence of a Federal Disability Retirement application, such as anger at a supervisor; a rant against the agency; undue focus upon the hostile environment created by the agency; all of these can seem as real as the reality of a dream; but however real a dream may appear, one awakens, and the reality of the real world suddenly forces itself upon us.

In a narrative telling of one’s disability and its impact upon one’s life, it is not the “spaces in between” which tell the story; it is the story itself.  Thus, all roads should lead back to the essence of one’s narrative:  the medical condition, and how that condition prevents one from performing one or more of the essential elements of one’s job.

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Service Disability Retirement: The Workplace

When a Federal or Postal employee is considering filing for Federal Disability retirement benefits under FERS or CSRS, there are many and varying conflicting responses, wrapped and bundled in emotional turmoil, reactionary and concerned viewpoints, etc.  Stories of a “hostile work environment”, of discriminatory actions, harassing supervisors, etc., are often part of the “narrative” of a person considering filing for Federal Disability Retirement. 

One must be careful, however, that when the affirmative decision to file for disability retirement is made, that only those relevant aspects of the narrative be included in the final disability retirement packet.  Things which do not provide a compelling basis for proving, by a preponderance of the evidence, the necessary criteria for meeting the legal standard to be approved for Federal Disability Retirement benefits under FERS or CSRS or, just as importantly, things which will harm a disability retirement application– they should be left out of the final narrative. 

Such issues surrounding a “hostile work environment” or a harassing supervisor — such perspectives or narrative formulations which come close to the dangerous precipice of showing that one’s medical disability is merely a “situational” disability (those medical conditions which are specifically confined to a specific situation in a specific agency’s office environment) — should certainly be left out of the final narrative.  This brings up a further point, which I have touched upon many times in the past:  a person without an attorney to formulate the narrative in filing for Federal Disability Retirement benefits is often too close to his or her own case, and cannot objectively present the proper narrative to the Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire