Federal Employee Disability Retirement: Fight or Give Up

Those are the only two choices for most of life’s challenges and encounters: To fight for something, or to abandon it completely.  Of course, the “middle ground” is often preached — as in some sort of compromise, or to learn the “tools” of “conflict resolution”, etc.  But that all depends upon the conflict itself, doesn’t it?

Some issues of contentiousness simply do not accord a middle ground; there is no compromise for the mountain climber inching up the North Face of the Eiger — going back down is just as dangerous as struggling upwards, and so it is to either fight or give up, where the latter results in sure death and becoming a frozen corpse of another defeated detritus.

And in the Animal Kingdom — is there ever an alternative third way?  The predator who chases after its prey; flight for the prey is tantamount to a fight — i.e., to “fight” for one’s life by trying to outrun the predator; or, to give up.  There is no “rationalizing” with the cheetah or the lion; one cannot “reason” with the predator in an effort to try and dissuade it from devouring you for its lunch or dinnertime meal.

And so it is with the Federal employee or U.S. Postal worker who suffers from a medical condition such that the medical condition no longer allows the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job — the choice is between fighting for the benefit or to simply give up.  There is no middle ground or “conflict resolution”; either the disability retirement is granted in full or not at all.

Further, resignation or termination from the Federal or Postal employment makes the choice as clearly defined in stark terms: continuation in the job is no longer an option, and inaction merely means you have given up because you only have one (1) year from the date of separation to file for Federal Disability Retirement.

If the choice is made to “fight” as opposed to “give up”, then it is best to have an advocate on your side and consult with a lawyer who specializes in Federal Disability Retirement Law.  For, if the choice is between fighting or giving up, and the Federal or Postal employee decides to take the former course of action, then give it your best shot by having an attorney who knows the process, cites the relevant law and prepares your case to give you the best opportunity at winning.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Workers: The Essence of Relating

How is it that a human being — an entity quite unique among species that cannot relate — can understand, comprehend and even become comfortable with the anomalies of life’s encounters?

Other species seem to weave among and amidst their surroundings with familiar repose; certainly, intelligent dogs recognize a new couch, an unfamiliar visitor or a different dog food introduced; but in the wilds, it is the familiarity of the surroundings that make for comfort in life.

For human beings, how does one relate to the strangeness of an entity — of an alien; of a science fiction novel that introduces a world beyond; of another culture that defies every normative structure of one’s own world?  It is, more often than not, by analogies and metaphors, is it not?

We begin by “discovering” the similarities — that something is “like” the thing we know because they share characteristics x, y or z; and it is through the familiarity of similarities by which we begin to formulate an idea of understanding, then of comprehension, and finally of a feeling of comfort.

Similarly [sic], how does one convey the idea of pain to another person who has had very little experience of it?  What if that “other person” has never experienced pain?

Yes, yes, the rebuttal would be that everyone has experienced it — even if it was a scratch, a dog bite, a paper cut, etc.  But as pain is subjective, there are certainly those who have had limited experiences of a subjective phenomena, and certainly many who have never experienced a spectrum of excruciating, debilitating pain.  Or how about psychiatric conditions — of Major Depression so overwhelming, or Anxiety so paralyzing, or panic attacks so debilitating that the condition itself prevents a person from being able to perform one’s work?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that an application for Federal Disability Retirement through the U.S. Office of Personnel Management becomes a necessary next step, it is the essence of relating — of how to formulate ones narrative in the Applicant’s Statement of Disability (SF 3112A) — that becomes of foundational importance in the success or failure of the application itself.

Consult with an attorney who specializes in Federal Disability Retirement Law before moving forward; for, the essence of relating requires not only the existence of a medical condition and its impact upon one’s ability or inability to perform one’s job, but more than that, it requires the ability to convey an understanding of the facts, the law and how the two intersect.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Weekend Survival

The segmentation of time may be artificial; the rhythms of life, are not.  The 7-day week, 30-day month (give or take a couple here and there) and the 12-month cycle constitute human constructs that impose a rigid system of divisions based upon productivity, leisure, an admixture of both (isn’t it universal that Saturdays are spent in doing chores otherwise unattended to during the week, and Sunday is that respite and escape in total destitution of depleted dreariness?) and then a reset button pushed and the beginning of the cycle all over again.

Yet, while the system itself is based upon a conceptually artificial construct, the rhythmic underpinning of nature that glides above and beneath on a daily, quiet but consistent basis remains unperturbed.

That is why Daylight Savings Time makes grouches of us all — it is another artificial construct that jolts everyone from the natural rhythms of monotonous apathy twice a year, and breaks up that flow of biodynamic symbiosis between the planetary rotations, the daily sunrise and sunset, and the body’s reaction to a natural order within the constructs of an unnatural way of living.  The only compensation we feel grateful for is that extra hour of sleep that we are “given” in the Fall — only to have it stripped mercilessly and robbed from us in the Spring.

Thank God for the weekend — those two days of respite and leisure; of restorative rest and a quietude away from the mad dash of work and productivity; and we believe that we owe to the gods our lives and sacrifice our health for those pittance of days that are given to us.  But what are those 2 days worth?

Half of one is given up to do those things that we had no time to do during the five days of labor; the other half, spent in frozen immobility in front of a screen that blasts frightful images both from news of the “real” world as well as stories that are supposedly “entertaining”.  Then, with the one day remaining, we try and compensate for the exhaustion from the previous 5+1, only to wake up the following morning to engage the rush of the work-week that suffers and harms.

For Federal employees and Postal workers who suffer from a medical condition, such that the medical condition becomes a trial of survival during the week in order to make it to the weekend just to survive, it is worse because — not only is the “natural” rhythm interrupted by the medical condition itself — days, weeks and months all meld and melt into a singular whole of survival and consternation of life’s trials.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may be the only option remaining in order to re-order the rhythm lost in the daily struggle to reach that weekend survival where the cycle of life’s natural rhythm has been shattered by the trauma of a chronic medical condition.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Workers: Of other’s misery

It may give one a sense of short-term satisfaction; sort of like Chinese carry-out, it satisfies for an hour or so, then seems to lose its efficacy for fulfillment.  Whereas, there are other foods that tend to last for greater time; and so it is with receiving news or information of other’s misery.  It certainly allows for a comparison of sorts; of tilting balances imagined, or even for contrasting accomplishments forsaken, dreams yet unfulfilled or misery unabated.

Of other’s misery – we condescend, conceal our delight and contend that we care and “feel terribly”; in other words, we sit and do nothing about it, even if we were able to.  Oh, we give the proper lip-service, of course: “How terrible”; “What a shame”; “What can one do?”  But all the while, inside, we whisper in soliloquys that harbor those feelings of secretive annoyances that say, “Thank goodness it is the other guy,” and begin to take an inventory of relief and comparative analysis of how best to take advantage of the situation.

Is that too cynical a viewpoint?  Does Machiavelli live within all of us?  Perhaps not to the extent described.  Then, what of other’s misery?  At a minimum, it provides a contrast and places us in a state of reality that says, Maybe our situation is not so bad after all.  Contentment by contrast of balancing the misery of others, however, is no way to live.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the key to preparing a successful and effective Federal Disability Retirement application to be submitted to the U.S. Office of Personnel Management is not by comparing the content of other’s misery, but by a direct creation of a nexus between one’s own medical condition and the essential elements of one’s position description.

Forget the instinctively wrong-headed approach of asking, “Well, does X-medical condition qualify if so-and-so had the same condition and was still able to work?” Or: “There are others more bad off than I am, so…”  So what?  Federal Disability Retirement is a specific legal basis that requires specificity as to individual circumstances.  It is irrelevant as to issues of other’s misery; it is one’s own that one must focus upon.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Happiness Goal

Whether human happiness is the goal to strive for, or as a byproduct to savor in those moments of sudden revelation, is for each individual to ascertain and abide by.  One can study the sages and philosophers and realize that there is a distinction to be made between joy and happiness, of contentment and satisfaction, and from a sense of peace as opposed to the turmoil of anxious foreboding.

Life is full of moments; but is it for those moments we live, or do such ethereal segments compel us to greater achievements?  From Aristotle’s Eudaemonism to Confucius’ focus upon maintaining the balance between family and normative behavior, or the extreme nihilism of Nietzsche and the existentialist’s embrace of the absurd, the modern approach has been to ensconce happiness as the principle of highest regard.  But life has a way of interrupting every neat packaging of human endeavor.

For Federal employees and U.S. Postal workers who suffer from a medical condition, whether of physical pain, the chronicity of progressive deterioration, or the overwhelming psychiatric conditions which impact mental acuity, cognition, with symptoms of depression, anxiety, panic attacks, etc., the desire for the “happiness principle” is sometimes merely to have a day without the symptoms of one’s medical condition.

Filing for Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal workers is under FERS, CSRS or CSRS Offset, can be an intermediate goal, and not an “ultimate” one.  For, in the end, if the Federal or Postal employee can no longer perform one or more of the essential elements of one’s positional duties, the loss of job satisfaction will be exponentially heightened either by the agency (through disciplinary procedures or termination of employment) or by one’s self (through frustration of purpose, increasing recognition and acknowledgment of one’s inability and incapacity, etc.).

In the end, the “happiness goal” is often defined by who controls what; and in taking the first steps toward preparing, formulating and filing for Federal Disability Retirement benefits through OPM, one asserts control over one’s present and future endeavors, and fights against the winds of time and mortality by controlling the undetermined destiny of a period of life yet to be deciphered in this complex world of mysteries wrapped in a chasm of conundrums.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: The Recurrent Nightmare

Perhaps it is explicit, of images which repetitively beat the drum of constancy; or, sometimes, despite every effort, one cannot recall the harrowing particulars of a nighttime of eternity filled with dissipation of fear and loathing.

Restorative sleep is lacking; whether from pain, nightmares or paralyzing panic attacks; and the medical designation of insomnia, Obstructive Sleep Apnea, or psychiatric conditions of Generalized Anxiety Disorder, intrusive nightmares; or perhaps it is much more direct and simple:  pain which prevents getting into a comfortable position in order to drift off into the dreamland of serenity, and where the sharpness compels one to awaken with a scream, only to find that it is the silence of one’s aloneness which permeates the quietude of the voice which no one hears.

The next morning, the profound fatigue and exhaustion, beyond the mere ache of tiredness, with residual cognitive dysfunctions,follows one throughout the day, like a scent of undefinable and unidentifiable aura, always there but never quite connected, either in location, distance or substantive content.  For Federal employees and U.S. Postal workers who experience a semblance of such a state of being, it becomes like a recurrent nightmare, and work becomes impacted in so many different ways.

In physical-intensive jobs, in the greater potentiality for mistakes and accidents; in cognitive-focused positions, in analytical miscues and inability to focus and concentrate.  Perhaps it all becomes reflected in one’s performance review, or one becomes placed on a “Performance Improvement Plan” (a PIP); or even be handed an Agency’s Proposed Removal; whatever the cost, for the Federal or Postal worker, it is time to consider preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset.

No, Federal Disability Retirement is not the “be all” and “end all” of solutions; but it is an option which should always be considered when once the recurrent nightmare engulfs the Federal or Postal worker with consequences of adverse actions imposed upon a fragile state of being ready to crack under the weight of a chronic disease or medical condition of such seriousness and sufficiency as to have impacted one’s capacity to perform all of the essential elements of one’s positional duties.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation Federal Disability Retirement: Form and Content

The complexity of the administrative procedure generally identified as “OPM Disability Retirement” is one replete with complicated forms to complete, sequence of procedures which are often confusing, and content of conundrums, followed by wait times which are frustrating, at best.

The spectrum of problems and concerns which arise throughout the process can be daunting and overwhelming. For the Federal employee or the Postal worker who suffers from a chronic medical condition, such that chronic pain, profound fatigue, the high distractibility from pain and discomfort; the impact upon one’s focus, concentration, and capacity to be attentive; with features of variegated residuals from chronic migraine headaches; or perhaps the psychiatric impact of symptoms from depression, anxiety, panic attacks, Bipolar Disorder, etc. — the balance of life which one must maintain, with the demands of work or the loss of such capacity to work, combined with the added pressures inherent in the preparation and completion of a Federal Disability Retirement application, can in their compound aggregate, be paralyzing.

The Standard Forms themselves can be confusing, puzzling and the complexity of the requirements can have a procrastinating effect upon the Federal or Postal employee contemplating filing. The content of what needs to be stated, what should be included, what meets the legal requirement for eligibility for a Federal Disability Retirement application — all together can be the basis for a successful application or a failed endeavor from the start. Standard Form 3112 involves both the applicant (the Federal employee and the Postal worker) as well as the agency. SF 3107 (for those under FERS) and SF 2801 (for those under CSRS) also require involvement by both the agency and the applicant, but are more informational than perspective/opinion-oriented. But both sets of forms must be completed.

Form and content comprise the crux of everything in life, from simple organic compounds to complex bureaucratic procedures. It is the dualism which constitutes the core of life’s mysteries, and this is no less true in preparing, formulating and filing for FERS & CSRS disability retirement benefits through OPM, whether one is under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire