FERS Disability Retirement: The Dream Fading

The two primary meanings of such a concept: Of awakening, and there is a mist of sleepiness and a vague memory of dreams dreamt; but if one fails to pause for a moment to capture the dream, to think about it, cuddle with it, hug and embrace it; and instead, we often say to ourselves, “Oh, let me remember it later” and go on with our morning chores, only to never regain the dream fading.

It is like the elusive elf or fairy; unless we take the time to seek them within the deeper forest, they disappear, never to return.

Then, of the second meaning: Of our hopes and dreams; of a world slowly descending into madness, and with it, the dream fading.

Sometimes, some things are best ill-defined; for, to define something is to forever capture it and contain it, restrict it.  That is why many “primitive” cultures refused to have their photographs taken; for, to have a picture taken is to have your image captured and imprisoned; and worse yet, to then have the photograph later “framed” is to have the imprisonment further boxed into a restraining enclosure of permanency inescapably determined, as fate without hope of options.

And so, when we talk about a person’s or a society’s “dreams”, it is best to leave it undefined so as to give it room for the imagination.

Do all peoples, civilizations, societies and communities have “dreams”?  Do all parents everywhere and all across the spectrum have “dreams” for their children?

In both and either conceptual constructs, the key is to embrace it upon awakening — before it fades, before it becomes imprisoned into the nether world of forgetfulness.  The Dream fading — before it does, grasp it, embrace it, hold it tight.

For Federal employees and U.S. Postal Service workers all across the world who once had dreams of an extended and successful career with the Federal Government, it may seem like a dream fading when your medical conditions impact you and prevent you from continuing in your career.  Yet, always remember that there will be another night of dreams and other opportunities for dreaming.

FERS Disability Retirement is not an end in and of itself, but rather, a “beginning” of sorts — of allowing you to regroup and to dream beyond your present career.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law, and let not last night’s dream be the one you forgot, or tonight’s dream you failed to remember; rather, let tomorrow’s dream be the one which establishes a greater future for another day.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

Federal Employees with Disabilities: Making the Decision

There are always multiple factors which must be considered — of a career invested; financial viability; of a self-image still lingering of a more vibrant self from a mere few years ago; of not being able to let go of the daily routine despite the added stresses, the suspicious looks from coworkers, the fear of your agency’s initiation of further restrictions and potentially adverse actions, including a Performance Improvement Plan (a “PIP”), or leave restrictions, proposed removal, etc.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition impacts your ability and capacity to perform your job duties, making the decision to file for Federal Disability Retirement benefits under FERS with the U.S. Office of Personnel Management is a difficult decision which must take into consideration multiple factors. Of all of the factors to consider, however, the first one which should be understood is whether or not you may or may not be eligible for Federal Disability Retirement benefits.

Contact and consult with an attorney who specializes in Federal Disability Retirement benefits and call a FERS Attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement from OPM: The restorative morning

That is the purpose of sleep, is it not?  Or so we anthropomorphically attribute.  Is that the only reason for the somnolence that overwhelms, the snore that momentarily suspends in the air and pauses for people to smile, to be horrified or laugh because of the incongruence of the sound that shatters the quietude of twilight? Do humans sleep more soundly than other species? Is it really necessary to maintain a certain spectrum of that “rapid eye movement” (REM), or to be in a deep slumber, a state of subconscious quietude, etc., in order to attain that level of restorative sleep such that the morning itself is declaratively managed with rest and a sense of calm?

The restorative morning is that which follows a good night’s sleep; it is when the body is energized, the mind is ready to pounce with an excessive amount of acuity barely containable, and the combination of a night’s rest with boundless determination overcomes the previous period’s fatigue and exhaustion from the stresses of the day.

Do other species require sound sleep?  Or, did evolution favor the animal that can sleep, yet be awoken in response to an instinctual drive to survive, such that the mere bending of a blade of grass a hundred yards away will awaken with an alarm ready to defend and fight, or whisk away in flight?

It is the lack of it that creates that level of profound fatigue that goes beyond mere tiredness or exhaustion.  Modernity requires restorative sleep precisely because so much of our workforce engages in cognitive-intensive employment that places great stresses not just upon the physical capacity of the human animal, but upon the mental/psychological — stresses that pound away with untold and unmeasurable harm on a daily, consistent and progressively deteriorating manner.  Did nature and evolution factor in the way that we live in modernity?  Likely, not.

In Nature, there are no restorative mornings — only the calm that pervades and hides the predatory instincts and the ongoing battles that go on daily, minute-by-minute in this unforgiving universe of predators and prey; and so it is that we have created a reflection of that life-and-death struggle in this modern world we live in.

For Federal employees and U.S. Postal workers who struggle with profound fatigue, loss of any semblance of restorative sleep, and unrepentant diminishment of focus, concentration and the capacity to maintain an acuity of mind, it may be time to consider filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Sleep Disorders are not just a constant reminder of the stresses that impact us in this high-tech world, but is also a basis in which to qualify for Federal Disability Retirement, when profound fatigue sets in and non-restorative sleep impacts one’s ability and capacity to perform all of the essential elements of one’s cognitive-intensive job.  Whether under FERS, CSRS or CSRS Offset, it may be time to consider preparing, formulating and filing for Federal Disability Retirement, to be submitted to the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Application: Eligibility & Entitlement

The two concepts are often confused; for the Federal employee and the U.S. Postal Service worker filing for Federal Disability Retirement benefits, the frustration is often voiced precisely because of the misapplication of the legal import between them.

Eligibility is determined by the contingencies which must be met, the thresholds of prerequisites which must be satisfied:  The Federal or Postal employee must be either under FERS, CSRS or CSRS Offset; the minimum number of years of Federal Service must have been accrued; the Statute of Limitations must not have already passed; further, then, some age limitations need to be considered as a practical matter, to allow for pragmatic justification to even apply.

Entitlement is based upon proof.  As the law is set by statutory authority, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management requires that the Federal or Postal applicant meet certain preset standards of acceptable proof, based upon that which constitutes sufficiency of satisfaction.

The legal standard is based upon a “preponderance of the evidence“; the evidentiary requirement provides that a tripartite nexus be established between (A) the medical condition, (B) the Federal or Postal position which the Federal or Postal employee occupies, and (C) evidence showing that as a result of A, one or more of the essential elements of B cannot be satisfied.  Further, there is the “D” component, and that involves the issue of “reasonable accommodations” and whether the Federal agency or the U.S. Postal Service can reassign the Federal or Postal employee to a similar position at the same pay or grade.

It is only upon the initial satisfaction of eligibility requirements that the Federal or Postal employee can then further investigate whether entitlement is feasible or not.  Thus, “entitlement” in this sense is not based upon meeting eligibility requirements; rather, satisfaction of eligibility prerequisites allows for entrance into the gateway of establishing entitlement.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Indexicals

It is indeed the specific context of a situation which provides for referential data giving individualized meaning to a case. But for Federal Disability Retirement cases, the unique contextual information concerning where, by whom, in what timeframe, may be perfectly allowable in a “for instance” or “for example” type of descriptive enhancement, but ultimately what the U.S. Office of Personnel Management is looking for is the example which represents a medical condition or symptom thereof that is chronic, is of consistent duration, and which is not merely a singular event.

Yes, indexicals of referential relevance represented by “here”, “when” and “where”, with the inclusion of epistemological privilege and the insertion of “I” in repetitive manner, can convey the personalized account which touches upon a sensitive soul; but in the end, it is the scientific, objective coldness of diagnoses, symptoms and delineations of chronic descriptions which establish the viable connection between one’s medical condition and the inability to perform the essential elements of one’s positional duties.

Thus, in formulating one’s Statement of Disability as configured on SF 3112A, it can be an effective tool of one’s narrative to weave back and forth between the indexical and the objective third person, and even extrapolating and including statements from medical documents, treatment notes, etc.

Ultimately, in the preparation and formulation of an OPM Disability Retirement application, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset, it is best to set aside the constraints of space as imposed by SF 3112A, and to provide a concise but detailed narrative which fully satisfies the questions posed and queried by the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Hostile Work Environment and the Centrality of the Medical Condition in a Government Employee Retirement Claim

Pithy quotes are replete throughout advisory or “self-help” books; it is a cottage industry involving coming up with linguistically sticky statements, like post-its tacked on to our sleeves in order to remind us of daily living tools to carry.  “Keeping the main thing the main thing” is one such quote, and numerous similar mutations, which remind us that prioritization of concepts, in any endeavor, is important to keep in mind, and to not allow for peripheral concerns to overwhelm and dominate.

For Federal employees and U.S. Postal workers intending on filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or the Postal worker is under FERS, CSRS or CSRS Offset, the centrality of the medical condition should always be paramount, penultimate, and properly placed atop the prioritized priority list of planned penmanship (such early morning alliteration is indeed a challenge).

This is normally not a concern; for, the Federal or Postal employee who files for Federal Disability Retirement benefits, suffers from a medical condition, which is the primary basis for which such a life changing event must be engaged.  But in the course of encountering the adversarial administrative process — of the agency, the supervisor, coworkers, the H.R. Department, and in the end, the U.S. Office of Personnel Management — it is easy to become sidetracked with issues of a hostile work environment, of harassment, increasing disciplinary measures, suspensions, initiation of a PIP, etc., and to forget that the centrality of the medical condition should be the guiding principle and light which drives the engine of success or leads to the drone of failure.

Getting sidetracked with peripheral issues remains the singular and problematic course of careening causal catastrophes; it is, as stated at the outset, the centrality of the medical condition which needs to be placed at the forefront, the mid-section, and the conclusory compendium of all carefully calibrated cases in a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire