Lawyer Representation for OPM Disability Claims: Cat’s Cradle

It is the complex game of strings wrapped around the small fingers and thumbs of each hand (or a modification of that contorted vestibule of human appendages), and where each player turns the cradle of the strings into greater complexity with each move by the other.

When children play it, the ease with which each turn of transforming the cradle of strings is a fascinating experience to witness.  When grown-ups do it — or, more accurately described, mess it up royally and invert the design into a an ugly bundle of irreversible entanglements that can no longer be played — the “overthinking” begins, the hesitation blockades and the uncertainty overwhelms.

It is always the grownups who mess up the beauty of the world’s designs, while children play it effortlessly, without conscious thought and with an innocence of proceeding that reveals much about what happens to an individual when you “grow up”.

Of course, we all have to grow up.  It is a sad inevitability.  That is why when the stunted individual who never quite got over his or her high school years, and still to this day talks about that grand finale of his senior year where the glory days of football, parties and friendships that were promised to last forever — that these frozen images yet remain so many years later as the pinnacle of one’s life and achievements — we shake our heads sadly and wonder at the fragile nature of man’s folly.

Cat’s cradle is the metaphor for much of life itself — of how simple childhood is, and yet so complex like the strings that bind the hands that create.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of the Federal job, the time to “think” about the next move — like the overthinking grownup who is asked to take the next step in the game of Cat’s Cradle — may seem complex because of its very simplicity.

There is the future to think about, and all that comes with it.  One’s career, health and future security are all entangled within the strings that wrap around and throughout one’s life, but the question that remains is similar to the conundrum of a Cat’s Cradle — is it you who will make sure that the next design of strings will turn out “right”, or will you leave it up to the Federal Agency or the Postal Service to determine your future course of actions?

Filing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is a complex administrative process —much like the tangle of strings in a Cat’s Cradle —but it is the simplicity of deciding that will make all the difference as to whether the next move will be a successful one.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement Systems: The sacristan

There was once such a job.  Now, of course, the closest we can come to it is forever hidden in the secrecy of our own private lives.  For, there is nothing sacred, anymore, and everything private has been allowed to be revealed in the public domain of electronic declaratives.  Whether of protecting holy oils, ensuring that decretals are unblemished in their interpretation; of maintaining the decorum, orderliness and cleanliness of the altar and the implements of worship; and initiating the timeliness of church bells to call upon the loyal throng to approach with the sacraments of piety.

When did such an important position become extinguished?  How did it become an anachronism and extinction of necessity, and who made such a determination?  Was it with the conflagration of the public domain upon the private – when formerly private deeds, of the sanctity of intimacy behind closed doors reserved by those who commit themselves into a tripartite unity of matrimony?  Was it when youth allowed for the destruction of dignity and defiance of decorum and all manner of discretion, of sending through electronic means photographs of acts beyond bestiality merely for prurient interests and chitter of laughter and good times?

The sacristan is unemployed; he or she is now merely a vestige of an arcane past where holiness, purity and the sacred have been sacrificed upon the altar of inconvenience and guilty consciences replaced by the King of Human Folly:  Psychology.  What do we hold sacred, anymore, and behind what closed door can we find the remains of a past forever absolved?

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical conditions prevent the Federal or Postal worker from performing one or more of the essential elements of one’s positional duties, the question related to one’s own circumstances with the obsolescence of the sacristan, comes down to this:  In the course of dealing with my medical conditions, what altars of holiness have I compromised just to continue my career with the Federal agency or the U.S. Postal Service?  For, as the desecration of the public domain has increasingly harbored the sacred into the domains of private thought, so those reserved altars of inner sanctuaries concern the essence of one’s soul and the inner-held beliefs that remained forever the last vestiges of a sacred self.

Preparing, formulating and filing a Federal Disability Retirement, 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 always just a means to an end.  The means is comprised of extrication from an untenable situation; the end is to reach a plateau of life where the sacristan may be reemployed, if only within the inner sanctum of one’s own conscience.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Rhymeless Poems

When did it happen?  Certainly, by the time E.E. Cummings came upon the scene, with his oddity of typographical stream of consciousness, the acceptance of it had already come to fruition; or, perhaps it was in the translation of foreign such vehicles of linguistic amalgamations – when the first frustrated translator threw up his hands in disgust at a Japanese Haiku or a German verse of too numerous a compendium of throat-clearing consonants, that the advent of the rhymeless poem reached its fulfillment and pinnacle of public acceptance.  Or, maybe we just ran out of words.

Words are funny vehicles of communication.  With facial expressions, the scent of another, the movement of body or a sense of fear, anticipation and the adrenaline of life, one can discern an endless eternity of subtleties that, in their inexhaustible divining of messages sent and received, can further be conjoined, compounded and confounded by the essence of human complexity.  But words are limited to the meanings of each; and in the finite world of vocabularies existent, the rhyming words are that much more delimited.

It is not, as Wittgenstein would point out, something that we can just create out of whole cloth; for, there can be no “private language game” of one, as the very essence of it would be lost in the creation of a singular language game – communication, which is the purpose and teleological livelihood, cannot be justified if no one else understands the word, the greater concept, or the linguistic artifice intended.

Sure, sure – words are created everyday, especially in order to accommodate the growing technology of Facebook, Twitter, Snapchat, etc.; and the abbreviated forms of linguistic devices necessitated by text messaging, as well as the diversity of communicating through emoticons, etc., only prove the point:  All such such inventions and convoluted conventions of acceptability have a finite basis in any algorithm created.  In the end, we are just left with more words, and the inability to find that perfect rhyme in a verse of poetic need.   And that is the point, isn’t it?

For the Federal employee or U.S. Postal worker, having a medical condition is similar to reaching that point in writing a poem, when the rhyming word can no longer be found.  Life itself is like an endless verse of poetry; we flow along and rhyme from word to word, with a cadence found in maturity of experiences; then, one day, a medical condition develops, and the rhyming verses suddenly pause.  We don’t know what to do.  Search as we may, we cannot find that perfect word, or that acceptable cadence of living life.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may not be that discovery of the perfect word to end the silence of a rhymeless poem; it is, however, the last word in the verse of a Federal or Postal employee’s career, which may save the day from leaving the empty space blank, and instead, allowing for the next cadence in this continuing drama of verse-filled experiences, to take a leap into a future of security and new beginnings.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: A Return to Basics

Every few decades, there is a “new” movement which upholds the divinity of returning to the foundational core of one’s existence:  of going back to being a farmer; living a life of an ascetic; stripping away all “unnecessary” accretions and accoutrements deemed as vestries of comfort and “bourgeois” by definition (whatever that means); or, in common parlance and language more amenable to the ordinary person, living more “simply”.

The perspective that such a “movement” is somehow “new” is of itself rather an anomaly; but then, each generation believes that they have discovered and invented the proverbial wheel, and all such past epochs were mere ages of primitive imbecility.   And, perhaps, we are once more in that familiar circle of life, and such a movement has beset the quietude of modernity, again.  As such, let us return to the basics:

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the Federal or Postal employee may need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the “foundational” eligibility criteria needs to be met:  For those under FERS (Federal Employees Retirement System — or the “new” system sometime around 1986 and thereafter), the Federal or Postal employee must have a minimum of 18 months of Federal Service in order to apply.  For those under CSRS, the accrual time is 5 years — and, as such, anyone under CSRS would presumably have met that basic requirement, although a CSRS employee with a long “break in service” could potentially fall short, but that would involve a unique set of circumstances rarely seen.

Further, the Federal or Postal employee who sets about to file for Federal Disability Retirement benefits must either be (A) a current employee (in which case he or she would file first through the agency’s Human Resource Office, then to be forwarded to OPM, (B) if not a current employee, then separated from service not more than 1 year (as the Statute of Limitations in filing for Federal Disability Retirement requires that a former Federal or Postal employee file directly with OPM within 1 year of being separated from service), (C) if separated from the Federal Agency or the U.S. Postal Service, but not for more than 31 days, then to file with one’s former Agency, and (D) if separated for more than 31 days, but less than 1 year, then refer to (B) and file directly with the U.S. Office of Personnel Management in Boyers, Pennsylvania.

These are some of the “basics” in filing for Federal Disability Retirement benefits.  There is much, much more to the entire process, but then again, if one were to expand too far astray from the foundational core of the “back to basics” movement, one would be a hypocrite for allowing the complications of life to accrue beyond the essential elements of life — of water, food and shelter or, for the Federal and Postal employee filing for Federal OPM Disability Retirement benefits, whether under FERS, CSRS or CSRS Offset, the bridge between one’s position and the medical conditions one suffers from.  Go figure.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Usual Dialogue

Much of our daily dialogue is determined by rote repetition.  Discourse throughout a typical day need not be given much thought; breakfast routine; interaction with colleagues and coworkers; declarative statements which have been repeated hundreds of times, both by one’s own voice as well as by others; salutations which require merely an audible sound; and the sun sets upon another closure of human inertia.

Then, some dialogues awaken the soul.  A sudden discovery of infidelity (though, given the pervasive appearance of popular culture, that, too, is quite commonplace); a perpetrated criminal act; a discussion with one’s doctor concerning a medical condition.  Even the latter, of course, from the doctor’s viewpoint, can be quite commonplace.  But for the Federal employee and the U.S. Postal worker who has been pursuing one’s Federal or Postal career for years, decades, etc., the self-realization that a medical condition may end the financial security represented by one’s job, is a traumatic event in and of itself.

All options for the future must be considered; and the daily dialogue of rote routine must be cast aside.  This is not a time for niceties; it is an event for thoughtful action.  Preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, is an affirmative step which one must pursue aggressively.

The inertia of past repetition of life’s puzzlements; the frightening prospect of an uncertain future; these must all be cast aside, and the reality of facing a time of forced creativity must be fully engaged.  And then, of course, there is the added anxiety that the administrative specialists at OPM will view your own application for Federal Disability Retirement benefits as just another ho-hum event, one which is merely part of their usual dialogue.

It is up to the Applicant him/herself, in preparing, formulating and filing for Federal Disability Retirement benefits, to ensure that the Federal Disability Retirement application is cogent, clear, concise and convincing — in other words, not part of that daily dialogue of thoughtless repetition.

Sincerely,

Robert R. McGill, Esquire

 

Reflections on Winter’s Desolation and OPM Disability Retirement

Seasons bring out certain characteristics and traits of primate natures; and while artificial lighting, civilized constructs of community comforts and technological distractions of virtual reality may somewhat temper the appetitive rhythms of inherent evolutionary origins, the fact is that our attempts to suspend the reality of our nature can only be met with partial success.  Winter is a time of desolation (unless, of course, one’s home is based in a climate where seasons barely change, in which case the envy of others will reach you through temporal vibrations of mental jealousies).

Somehow, medical conditions become magnified exponentially; physical pain is exacerbated, and psychiatric despair becomes quantifiable. Statistically, there is no greater number of filings for Federal Disability Retirement during one season as opposed to another; but in reality, it is probably more a sense that, as the trees are stripped bare of leaves and the greenery of lawns and nature’s interludes are crisp with reminders of decay, the beatitudes of distracting influences become minimized, and one can turn inward and make a careful assessment of one’s future.

Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, need to ultimately make that decision, and take that step of affirmative evaluation and assessment, in determining the course of one’s future.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, is a serious matter, and one where consideration of all factors should be carefully performed.  But how does one go about properly and thoroughly performing the necessary evaluative process?  Often, insular rumination by a singular voice of counsel is less than effective; being one’s own counsel in matters of importance rarely provides an alternative perspective, which is what is needed in matters of gravity.

Seeking the advice and guidance of someone who knows and understands the process, and what the administrative and bureaucratic pitfalls and potential problems one is likely to encounter, is the first step in making a wise decision.

For, while winter’s desolation may allow for the revelation of the nakedness of nature, it is man’s plight which must be considered with open eyes and careful scrutiny, beyond the lonely swirl of the crinkling leaf which floats in the endless time of a hardened ground as it falls far from the tree which sheds itself in winter’s gloom.

Sincerely,

Robert R. McGill, Esquire