Filing for Federal Disability Retirement: Reminders

What is the proper balance in a person’s life — between leisure and work; between thought and living; betwixt the physical and the psychological?  How much is “too much” in getting lost in the fantasies we surround ourselves with: Of watching the news; of enjoying a movie; of “doing” Facebook posts or “surfing” the internet?

Have you ever driven on a sparsely populated road or perhaps late at night when the lights of passing cars become a blurred memory of fleeting blindness, and upon arrival to your destination, you remember not a moment as to how you got there?  Perhaps you drove and did all of the proper things in the mechanical acts of driving, and yet you cannot remember yourself having engaged in the act of driving?  How much time is spent within the insular caverns of our own thoughts — whether when “thinking” or “cogitating”, or in watching a movie?

We fool ourselves into thinking that we are “living life” when in fact all we are doing is staring into a mass of illumination pock-marked with letters and punctuations.  Then, something inevitably “reminds” us — that we have to eat in order to keep from starving; that we have to respond to a real question posed by a real person; or in the mere act of needing to take out the garbage before it begins to rot beneath the kitchen sink.  And of medical conditions — they constantly remind us of our own mortality.

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, the constancy of the imposition of the medical condition is a reminder that our deteriorating health is incompatible with continuation in the Federal or Postal job.

When the time comes where such “reminders” begin to dominate the life of the Federal or Postal employee, then it is no longer a “reminder” but of a jarring realization that no amount of getting lost in the distractions of life will change or alter the need: The need to file an effective Federal Disability Retirement application through the U.S. Office of Personnel Management.

Consult with an attorney to determine if such a course is the best path of action for you.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Inconsistency and specificity

The two legal standards dominant in a Federal Disability Retirement case must often be alternatively applied depending upon the nature of the positional duties involved.  It may be appropriate to speak in terms of “functional capacities” and specified duty restrictions when it comes to physical work that involves descriptive mechanical work — i.e., being able to lift a certain amount (for most Postal employees, up to 70 pounds); bend, lift, stand repetitively throughout the day; or even in climbing ladders, remaining balanced while working on a scaffold; utilizing power tools, etc.

For more cognitive-intensive, focus-driven administrative/executive positions that require sustained and sedentary periods of consistent application, the more generalized standard as pronounced in Henderson v. OPM may be better argued — one of inconsistency and incompatibility between the job duties as a whole because of the cognitive dysfunctioning that results from the high distractibility of pain, lethargy from Major Depressive Disorder or paralyzing panic attacks from Generalized Anxiety Disorder, etc.

Or, take the work engaged by an Air Traffic Control Specialist — there is an admixture of the “inconsistency standard” as well as “specific” elements where sustained focus and concentration is reliant upon the safety and lives of hundreds, if not thousands, of people.

The two legal standards in a Federal Disability Retirement case are not mutually exclusive, and they need not be argued so before the U.S. Office of Personnel Management and beyond, at the U.S. Merit Systems Protection Board (M.S.P.B.).

Medical conditions need to be described in a “nexus-form” to the positional demands of a Federal or Postal job, for ultimately that is what a Federal or Postal employee who is filing for Federal Disability Retirement benefits is retiring from — a position description, and not necessarily the actual job that one is working at.

The medical condition that the Federal or Postal employee is suffering from may both be inconsistent and possess descriptive specificity which require restrictions; and, conversely, it may be that certain elements of one’s Federal or Postal position description may require restrictions, leading to the conclusion that the position as a whole is inconsistent with the suffered medical conditions precisely because of the specific, 1-to-1 ratio of “essential element” to “identified medical condition.”

Thus can both standards be argued and used as a sword against OPM”s argument that “specific elements” need to be shown in each and every case, which is simply NOT the case.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Representation: Conversations

What is a conversation?  Or, is it an empirical phenomenon that — only when we are in the middle of it — we know as we experience it, but otherwise is undefinable?  If there are 5 people in a room but only 1 is doing the talking, is a conversation ongoing?  Must there be a “back and forth” give and take, or must something more be involved?  If the same 5 people are in the same room, and all of them are talking all at once, does that rise to the level of a conversation?  Does interruption and talking over one another undermine the definition?

What if there is extraordinary politeness — of each waiting his and her turn — and where no one interrupts, there is a pause between each discourse and a civility beyond mere lack of rudeness, but upon listening, one realizes that each one of the individuals is speaking about a completely different topic, and there is no interaction or even acknowledgment that anyone is listening to anyone else — does this all of a sudden undermine the concept of what is occurring?

This is an Age of Discord — of intractable positions taken, where the foundations that once formed the Age of Reason have been decimated and we are left with empty voices of loud vehemence, hollow in content but roaring in volume.  Truth, objectivity, logic and rational methodology — the very essence of discourse and conversation — have been hollowed out and cast aside.

It is now in camps of “us” against “them”, but the singular missing component that has devastated the capacity to have a conversation is the one that no one ever talks about: The ability to recognize and admit that someone else’s argument is superior to one’s own.

When was the last time you heard someone say: “Hey, that argument is quite good and persuasive.  I think you are right.”?  Instead, it is the familiar refrain: “That’s just your opinion.”  And as the volume of decibels increases, the content of substance proportionately and precipitously falls.

There are, of course, various levels of conversations, but one level is clear: Listen to the other side.  This also includes reading, recognizing and understanding the applicable statutes in an administrative process in order to meet all of the elements of the burden of proof.  Being intransigent and stubborn are qualities that makes one feel empowered, but concurrently, are often self-defeating.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal and Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it all begins with knowledge — of the statutes, the case-law and the precedents that apply.

We may all have to concede that the Age of Conversations is over; what we may be left with is a process where, at the very least, one must listen and try to learn.

Federal Disability Retirement is an administrative process which is never simple, and must be approached with knowledge, tenacity and an ear to listening to what is needed in order to meet the eligibility requirements.  Having a medical condition is a start, but it is not enough.  And like conversations that may have started but puttered out without fanfare, preparing an effective Federal Disability Retirement application will take more than talking about how we “feel”.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement: Best/Worst Case Scenario

It is a procedural approach, and those who engage in it often have the greater talents akin to science, engineering, mathematics and symbolic logic.  It is the person who views every contingency in terms of best and worse case scenarios before deciding upon a determined course of action.

But how accurate is the “best” and the “worst”?  How can one determine if the informational input that is “fed” into the substance of that which will result in the output of what is described as the “best” and the “worst” is accurate enough to make it even worthwhile?  Does a gambler enter into a casino and make such assessments? Of thinking to him/herself in terms of: If I place X amount on the table and lost it all, what is the best case scenario, and what is the worst?  When a person begins a career, does he or she begin life with the same approach?  How about marriage?  Or having children?  Or, is it more likely that such an application really has a very limited impact, and should be used sparingly in the daily events of life’s encounters?  Is that a false set of alternatives precisely because there are many incremental and relevant “in-betweens” that may determine one’s course of action?

Perhaps the picture painted of the “best” scenario of outcome determinatives need not be the basis for one’s decision, and even the “worst” case scenario need not be the minimum standard or quality of life that we would accept, but somewhere in between or just shy of that extreme cliff that we have described?  Perhaps they are false alternatives when we present it in that light, with only those two extremes of alternative realities to consider?

For the Federal or Postal employee who suffers 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 the Federal or Postal employee’s job with the Federal Agency or the Postal Service, preparing an effective Federal Disability Retirement application does not need to be based upon false alternatives presented, but should instead be based upon a pragmatic step towards recognizing the reality of one’s medical condition, its impact upon one’s capacity and ability to continue in a job or career that may be detrimental to one’s health, and proceed based upon the totality of factors considered – but primarily with a view towards safeguarding one’s health.

Health is that “other factor” that tips the balance of what is the best or worst case scenario; for, in the end, there is no scenario at all without one’s health.

Sincerely,

Robert R. McGill, Esquire