Federal Disability Retirement: The Battle of Spring

There are various “battles” of historical import, including “The Battle of Britain”, “The Battle of the Bulge”, and many others besides, whether popularly so named or forgotten within the annals of history’s short memory.  Then, every year, around this time where April and May meld into a battle of morning frosts and potentially damaging tug-and-pull between winter’s discontent and spring’s yearning for the robin’s call, we wake up one morning and realize that the desolation of winter has finally passed.

Isn’t that how life is, often enough?  There is that in-between period, where tension remains and uncertainty abounds, until the final resolution appears unnoticed, like the unwanted friend who stays beyond the welcoming time of twilight conversations only to finally depart, and the unpleasantries exchanged during conversations left imagined fade into the inglorious memory of yesterday’s sorrows.

Medical conditions, too, are a “battle” of sorts, and create a tension that will not let go, will not release, and will not give up despite every attempt to ignore, placate and shun.  The stubbornness of a medical condition cannot be ignored; its impact, unwilling to be forgotten; and its tension, unable to be released.

That is why, for Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the tension and anxiety formed by the very existence of the medical condition is likened to the many “battles” that we face in life.

Perhaps it is a metaphorical observation; and like the allegories that give life-lessons, maybe there is an underlying meaning that can be extracted from the trials endured.

In the meantime, what the Federal or Postal employee needs to do, is to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, in order to release the tension that exists between work and life, work and medical condition, work and ….

The Battle of Spring will come and go, just like all of the other “battles” that have been fought throughout history; and this private battle against the medical condition itself is merely a private friction that also needs to be fought, on terms that create a more level playing field by consulting with an attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation OPM Disability Retirement: Perspective versus reality

One may counter that the contrast is no different than that which we encounter daily, especially in this universe of millennials and post-millennial era – of opinion versus fact, or truth versus falsehood (and now the new one, of “news” versus “fake news” or “facts” versus “alternative facts”).  But “perspective” versus “reality” has some subtle nuances that need to be explicated.  For one thing, one’s perspective may be identical to the reality one possesses a perspective upon; or, more likely, it is merely an interpretation that may differ from someone else’s.

One could, of course, argue that all of reality is merely a perspective, and this would comport with the Kantian view that our phenomenological experiences can never depict the “noumenal” universe (Kant’s verbiage) that is outside of the categorical impositions of our human make-up, and that therefore the human perspective is something that cannot be avoided, anymore than a dog’s perspective can be assumed or challenged, or a bat’s perspective (refer to Thomas Nagel on that) would be understood or comprehended by a human’s perspective.

In other words, we can never completely disown the perspective imposed by the innate structures of our own “kind”, and thus it may be an error to ever represent a contrast between “perspective” and “reality” (thus the misnomer of the title above, “Perspective versus reality”), but should always encompass and embrace a commensurate connection of “Perspective of reality” (a consonance of the two) or “Perspective and reality” (a conjoining compatibility of both).

Yet, we know that certain people interpret things differently from what we believe constitutes an accurate portrayal of “reality”.  However, so long as we stay within certain confines of accepted normative interpretations, we rarely contest or openly disagree with alternative depictions, unless it is to obtain a consensus that somehow disproves the validity of the other’s portrayal (i.e., “Yes, but John, Joe and May agree with me”, as if quantification of perspectives somehow diminishes the accuracy of another’s; as opposed to saying, “Well, Copernicus thought otherwise while the rest of the world continued to maintain a geocentric perspective of the universe” – unless, of course, you are ignoring the “rest of the world” to include China, Japan, etc.),

Yet, there are factors that have to be considered when discussing the distinction between “perspective” and “reality”, and one of them often involves medical conditions – an element of reality that often skewers perspective.  That is why, for a Federal or Postal employee who is considering filing 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 importance of relying upon accurate information, good and sound legal advice, and a straight and narrow path towards a successful outcome with the U.S. Office of Personnel Management (no matter the length of time it may take these days), is important.

For, medical conditions will often alter the perspective of an individual as to the reality of one’s situation, and so it is an “outside” source (the medical condition itself) which needs a counterbalancing force (otherwise referred to as an “objective” advocate, i.e., a lawyer) in order to present an effective, objective, persuasive representative in order to “re-present” the perspective of the Federal Disability Retirement applicant.  Thus, in short, it is a perspective versus reality issue, and thus not entirely a misnomer as previously stated.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: A mote in society’s dustbin

What is the greatest fear?  Is it to be forgotten, cast aside, without a mere footnote in the linear history of societal acknowledgments?  Must society now adjust to the credited observation of Warhol’s dictum, that fame’s span of 15 minutes is too lengthy, given the fast-paced nature of modern technology?  Is watching one’s self in a public forum the satisfying conduit for vicarious living, such that it makes content the populous who would otherwise revolt in the disparity of despairing livelihoods?

The Biblical reference of comparing the mote in someone else’s eye, as opposed to the beam in one’s own, is of interest beyond the failure to recognize the reflection of insincerity displayed by lack of self-awareness; more than that, it is the comparative disparity which fails to prod.  While the mote itself is the foreign substance which irritates and prompts the pointing finger, it also represents the insignificance of life’s judgments in general, to the way in which we all live.  It is the tiniest piece of substance, and yet the finger-pointing it prompts reveals a readiness to judge, and is reflective of a character defect in us all.

And when that mote is extracted and flicked away, it floats unnoticed into the greater dustbin of society, where morning mists evaporate in the rising sun of daily tumult, and where giants of men with promise and potentiality fall with a thud and a shudder for all to hear.

It is irrelevancy of which we fear; that no one will have noticed, and the imprint of our lives will matter not against the rising tides of artifices constructed in the imagination of our own awakenings.  How many nameless tombs echo the mournful solitude of an estranged life in a world devoid of warmth and snuggles?  Why are teddy bears, stuffed animals and lifeless companions purchased with purrs of gleeful delight?  We are but mere motes in the dustbin of society; moreover, we fear being extracted, even from that status of being an insignificant irritant, and flicked away where even the shadows remain unnoticed and when mice scurry away with but barely an ear’s twitch.

That is why Heidegger’s comment that we engage in projects to avoid the ultimate meaning of our lives — the extinguishment of one’s conscious soul — reverberates with haunting excess.  Of course, some would scoff at that philosopher and retort that his shame in participating in the Third Reich revealed the true nature of his philosophy; but that is for another day to reflect upon.

For Federal employees and U.S. Postal workers who believe — nay, “feel” — that their work is not “done” with the Federal agency or the U.S. Postal Service, and therefore must endure the humiliation piled upon the progressively worsening medical condition despite the self-immolative process of remaining, the real fear is the underlying, subterranean seething of man’s refusal to be cast aside as a mere irrelevancy, like a mote in society’s dustbin.

In the end, however, does it really matter whether the “mission of the agency” has been accomplished (remember that bureaucracies and their foundational rationale for existence never comes to a terminus; a new one is always adopted as perpetual replacements in the linear eternity of a behemoth’s lifespan), or the last truckload of mail has been delivered?

Federal and Postal employees are known for their “dedication” and conscientious resolve; but when filing 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, becomes a hindrance because of an unfounded and unjustified adherence to a principle which does harm to one’s own health, then the mote in the eye of one’s brother becomes more than an simple comparison to the beam in one’s own eye; it becomes itself a mote which should be flicked aside into the dustbin of society’s joke, where the laughter is directed upon all who have fallen for the epic comedy of life itself.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Systemic Problems

When the residual impact of a crisis goes well beyond cosmetic concerns, the usual and customary description is that the “cause” involves “systemic” problems.  Such foundational fissures can occur both in organizations, as well as in individuals.

For Federal agencies, it may require a need for new leadership, or a restructuring of internal chains of command, and sometimes even outside intervention.  More often than not, a call for greater funding is demanded; then, once approved, we walk away as if the problem has been fixed, until the next crisis calls our attention.

For individuals, the systemic problems can involve a medical condition.  Symptoms are normally mere warning signs portending of greater dangers; like organizational eruptions of systemic concerns, individual crisis of systemic proportions often result from neglect, procrastination and deliberate avoidance of the issue.  But medical problems have a tendency and nature of not going away; they are stubborn invaders, like the hordes of barbarians from epochs past, who keep whittling away at the weakest points of an individual’s immune system.  Then, when the medical condition progressively deteriorates until the spectrum of symptoms exceeds a threshold of toleration, suddenly, a crisis develops.

For the Federal employee and the U.S. Postal worker who has reached that point, where the symptoms are no longer superficial, but prevent one from performing one or more of the essential elements of one’s Federal or Postal job, then it is time to begin considering filing 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, time is of the essence, as the administrative process must meander its way through a complex system of bureaucratic morass, and the timeline is often of importance in securing the future of a Federal or Postal employee.

Preparing, formulating and filing for Federal Disability Retirement benefits through OPM is an arduous, lengthy task, and one which is a tool against a systemic problem; for, in the end, the best fight against an invading army is to utilize the elements of the marauders themselves, and this is true in medicine, in law, as well as in individual and organizational restructuring.

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