Federal Disability Retirement Information: Action after words

Does the failure of an action to succeed a string of words make it automatically into a lie, or can it merely indicate a delay between thought and action, spoken words and action, or misinterpretation of words followed by non-action?  Are there phrases and afterthoughts that undermine and negate the initial statement of promised and anticipated actions, such that they “justify” the non-action?

For example, if a person says to another, “I will meet you at X restaurant at noon tomorrow,” but upon showing up at the place, the other person never appears; later, you bump into that same person and inquire about his non-appearance, and he states, “Oh, I became too busy and couldn’t come.”  Does that succeeding statement negate the previous statement; does it “explain” it; does it “supersede” it; or was it merely a statement that tells you that the person making it is rude, a bore, and someone to henceforth be suspicious of and mistrusting towards?

What if the same person had said some other things, like: “I thought better of it” or “I decided that I didn’t want to go out to lunch with you”.  As to the former, one might conclude that the person was somewhat odd; as to the latter, that he or she was unfriendly and did not deserve further consideration.  But what of the following statement: “I am so sorry. My mother was taken to the hospital suddenly and I completely forgot!  Please accept my sincere apologies!”  This last admission, of course, is the one that “justifies” the breaking of the prior commitment, and can be seen as the one where “forgiveness” and further consideration is accorded.

In every case, the action which follows after words determines the future course of how we view the person who spoke the words; yet, context and content do matter.

Take for example another scenario, where the person says, “I may be at X restaurant at noon tomorrow, or I may not.”  You show up at the place at noon and the person who made the statement does not show up.  Later, when you “bump into” the person, you say, “Why didn’t you show up at X restaurant,” and the person responds with, “Oh, as I said, I might have, but decided not to.”  Was there a broken promise?  Did the actions performed fail to “meet” with the words previously spoken?  No, and not only that – one could even argue that the person was quite true to his “word”.

For Federal employees and U.S. Postal workers who are 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 connection between “action” after “words” is always an important consideration to take into account, for there will be many steps through the administrative process where compatibility between the two will have to take place.

Will your doctor support your Federal Disability Retirement case when the “crunch time” arrives?  (The doctor will need to).  Will your Human Resource personnel do as they say? (Likely not).  Will your supervisor timely complete the SF 3112B? (Hmmm…).  Will OPM “act upon” the Federal Disability Retirement application after “saying” that they will? (Again, hmmmm…..).

Action after words – the foundation of sincerity.


Robert R. McGill, Esquire


Federal Disability Retirement: And then we are gone…

The trailing ellipsis establishes a pause for reflection, and the finality of three periods for an emphasis upon the irreversible nature of the statement.  “And then” connotes that something preceded – a lifetime of activities, a century or less of human historicity involving birth, growth, work, struggles, etc. – existed before the conclusion of the life.

The “we are” slice of the sentence implies two additional variables: the universality of involvement – an event that excludes no one – and the present tense of that which is inevitable.  And what about the final word before the ellipsis?  The eternal nothingness; the inescapable conclusion to every novel, every short story, every figure of historical significance or otherwise; we all die.

We somehow try and escape or avoid that fate.  Heidegger’s observation that the whole of human activity is merely a project of distraction and avoidance – that we perform this busy-ness and that all-consuming work or hobby, not because it is inevitable, important, relevant or even interesting, but because to do nothing would be to face the reality of our own demise daily.

Perhaps that is somewhat of an overstatement.  And yet… In the end, plastic surgery, herbal teas and strenuous exercise may only prolong the terminal exit ramp for a fortnight or even a calendric cycle or two, but it is the “in-between” times that make all the difference in a person’s life.  And what of quality?  Does quantification by pure duration determine the worthiness of that “in-between” period, or is it better to have lived a short but “full” life, before the finality of nothingness comes upon one?

For Federal employees and U.S. Postal workers who are suffering from a medical condition, such that the medical condition is making that preceding period before the universalization of finality becoming a reality “less than worthwhile”, the time may have approached, and perhaps even passed, that preparing an effective Federal Disability Retirement application has become not merely a necessity but a crisis of mandate.

Sometimes, in life, the choices are limited and the options presented somewhat less than the best of life’s offerings; yet, to live out that duration of what is future-oriented by enduring pain, suffering and illness in an atmosphere of hostility and adversarial contrariness for the remainder of the days yet to come, often become unbearable and unthinkable.

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, is often the only solution to a problem unsolvable. It is that moment before the part that goes, “And then…”, where the ellipsis has not yet reached the “we are” portion, and thus a crucial section of a life still to be lived.


Robert R. McGill, Esquire


Federal Disability Retirement: The sweater draped over a chair

You look in the room and see the sweater draped over a chair.  You turn your gaze elsewhere, engage the ongoing conversations and the din of others distracted.  Later, you turn back your gaze again, and the sweater is gone.  You look about to try and see whether someone picked it back up, is wearing it, or perhaps put it somewhere else.

You imply and infer – yes, one must follow the general grammatical rule that the speaker implies while the listener infers; but you are both the speaker and the listener, the one who observes and the same one who steps outside of the conscious universe to observe the observed.  You imply that someone put the sweater over the chair, and that same person (or someone else) took it at a later time – all during a period when your eyes were diverted elsewhere.

You assume that the world continues to operate even outside of the purview of your deliberate and conscious observation, as we all do.  You infer the same; of a world otherwise not within the limited perspective of observation, either by visual or audio awareness.  Yet, where is the evidence of such inference or implication; and that is, of course, what Bishop Berkeley’s restrictive definition of “existence” and Being was meant to encapsulate in perfect form:  Not that there are no mountains on the far side of the moon when we cannot observe them, but that we limit the definition of Being such that peripheral philosophical conundrums created by language’s difficulty with implied Being and inferred Existence can be avoided.

Perhaps we dreamt the draping of the sweater over the chair, or had a fit of phantasm and imaginative discourse that went astray.  In any event, you never saw the person either drape the sweater over the chair, nor dispossess the chair of its warmth and concealment.  Instead, you infer and imply – ignoring the grammatical rules previously mentioned.

For Federal employees and U.S. Postal workers who are attempting to prepare an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, the relevance here concerns writing up an effective narrative of one’s medical condition, its impact upon one’s ability and capacity to perform the essential elements of one’s position, and the legal argumentation to make in order to persuade OPM:  to what extent should facts and other statements be directly delineated, as opposed to leaving certain matters presumed or otherwise to be inferred or implied?

OPM is a bureaucracy, and with all such administrative entities, is made up of varying levels of competence and acuity of observation.  For the most part, in writing up the narrative on SF 3112A, Applicant’s Statement of Disability, the general rule should be to make that which is implicit, as explicit as possible, and never to leave the room where a sweater is draped such that disappearance of the garment may leave a mystery otherwise unable to be solved except by implication and inference.


Robert R. McGill, Esquire


OPM Disability Retirement for Federal Employees: Preparation subverting the moment

“Seize the moment” (or the day) – isn’t that the mantra of modernity?  Never let consequences or the hurt of others delay the enigmatic pleasures of bodily delights.  Forget results; ignore preparatory steps, as that would waste valuable time otherwise left for delectable dalliances.  If modernity has translated “worth” and “value” in terms of present moments of existential delights, then the greater heightening of each event of ecstasy experienced in the “now” of every life should be exponentially enhanced at every opportunity available and presented.

Technology has only further advanced the aversion to planning and foresight; for, the conversation quieted when memory once required of reflection and racking of remembrances is now quickly replaced by a button push that Google immediately answers.  “Now” is ever more the gratification never to be delayed.  Modernity and  youth have been its unfortunate byproduct, where any notion of  preparation constitutes a delay of that instant gratification.

But life has a tendency to create tumult and intervene with a dose of reality, and medical conditions exponentially show us that the moment left without delay requires greater reflection and contemplation – and this is especially so with Federal employees and U.S. Postal workers under FERS, CSRS or CSRS Offset.

“Seizing the moment” and quickly putting together a Federal Disability Retirement packet when a medical condition begins to prevent the Federal or Postal employee from performing all of the essential elements of the Federal or Postal employee’s position, is likely not the best approach in preparing, formulating and filing an effective Federal Disability Retirement application.  Not in all cases does preparation subvert the moment; often, in life, the “moment” requires preparation, as well as a thoughtful course of planning and reflective methodology of formulating a strategy for the future.

Modernity has invented some great contraptions; technology has saved time (or so they keep saying) and replaced human capacity with easing of burdens.  In the end, however, it is up to the planner to plan, and the Federal or Postal employee to seize that “moment” and project it into a plan for a better tomorrow, by preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.


Robert R. McGill, Esquire


Postal & Federal Employee Disability Retirement: The frog and the twig

Upon first encounter, the two appear not to have any correspondence or connection, leaving aside any explanatory significance to the issues of Federal Disability Retirement benefits for Federal employees or U.S. Postal workers.  Yet, it is always of interest to show how the “relatedness” of seemingly disparate concerns intermingle and intersect with each other.  The fact is, whether in a direct and non-subtle manner, or in some transcendent metaphorical context, Federal and Postal employees, whether under FERS, CSRS or CSRS Offset who find themselves at a point in their careers where filing for Federal Disability Retirement benefits becomes a necessity, constitutes a reflective representation of much of life’s challenges.

Loss of hope for the future; struggling with day-to-day work and family issues; contending with a medical condition; caring for one’s career and workforce, yet, being forced to make a decision contrary to the linear perspective of what is “supposed” to happen – of work, career, retirement and mandatory shuttling into a nursing home, then a tombstone with some etching of memorialized compassion.  The latter two (nursing home and tombstone) are stated in somewhat of a cynical humor, but the others comprise the core of real life in real time.

Of the frog, we know that experimentation reveals the effectiveness of methodical, incremental insidiousness where, placed in a pot of tepid water, it will sit unknowingly until the boiling point is reached, and it becomes too late to jump out.  Life has a tendency to do that to us – we wait and wait, and suddenly it becomes an emergency.

Fortunately for Federal and Postal employees who need to file for Federal Disability Retirement benefits, it is rare that the emergency situation is so dire as to undermine the capacity and ability to file an effective Federal Disability Retirement application, but nevertheless, one should always be wary of the metaphorical significance of the frog.  It is one of those “life-lessons” which should be considered.  Of the twig, it is perhaps a little less obvious as both metaphor and analogy.

Once a part of a greater organic whole, it splintered off and fell into the rushing waters of the river below, and drifts aimlessly down, coursing around jutting rocks and undisturbed banks of clay.  Slowly, incrementally, and just as insidiously as the frog in the pot of water, the underside of the decaying twig begins to soak in the waters which allow it to remain afloat, until sometime later, the absorbing principle reaches a point where weight of intake exceeds the capacity to remain buoyant.

That is where the connection appears, between twig and life; where unforeseen burdens weigh down the individual until one day, unknowingly, like the frog and the boiling point of unobserved conditions, nature suddenly overtakes and dominates. And so, from the time when the twig separated from the greater overhang of a vibrant life, the vicissitudes of a raging stream which carried forth the rudderless twig, pushing it to and fro and about without direction, sinks to the bottom of a silt-filled bed, until it, too, decays and becomes again part of a greater circularity of life’s regeneration.

It is with these two in mind that the Federal employee and U.S. Postal worker needs to approach a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset: both the frog and the twig represent a potential condition which we believe we are too smart for, but of which we find ourselves too often quite closely related to.


Robert R. McGill, Esquire


Federal & Postal Employee’s OPM Medical Retirement: Disjointed Lives and Divergent Paths

Life brings with it anomalies and conundrums which make for bumpy rides.  Despite protestations to the contrary, the older we get, the more we seek repetition, thoughtless inaction and monotony of purpose.

Change is for youth; otherwise, why does the parapet of innovation occur (with some minor exceptions) within the fertile mind of those in early adulthood?  Technological discoveries and scientific breakthroughs are formulated within the first third of life; managing a staid environment is left for the second third; and in the final slice of the corrupted remains, we expect quietude and unobtrusive solitude.

Medical conditions tend to disrupt and destroy.  Where once the agency or the U.S. Postal Service enjoyed concurrent and parallel lives with the “productive” Federal or Postal worker, the introduction of a medical condition impacting upon one’s capacity and ability to perform “efficient service” for the Federal agency or the U.S. Postal Service, comes into doubt, and it is precisely within the context of the disjointed teleology of intended purposes, that the divergence of paths must take its course.

Fortunately, the Federal system of compensation has preemptively considered such a scenario — by offering Federal Disability Retirement benefits for Federal and Postal employees under FERS, CSRS or CSRS Offset.  Federal and Postal employees who are no longer able to perform one or more of the essential elements of one’s positionally-required duties, as delineated and described in the official PD of one’s job, have the option of filing for Federal Disability Retirement benefits.

Ultimately, such a Federal Disability Retirement application must be submitted to the U.S. Office of Personnel Management — through one’s agency, if one is still on the rolls of the agency or the U.S. Postal Service, or separated but not for more than 31 days; or, directly to OPM if the Federal or Postal employee has been separated for more than 31 days.

In the end, it is not the disjointed life or the divergent path which will determine the headstone of time; rather, it is the residual influences we leave and heave upon the next generation of confused minds which will make a difference, and whether the staid quietude we seek in the sunset of generational transfer of responsibilities can allow for another alteration of paths, as one who decided to create a new trail by following Frost’s road not taken.


Robert R. McGill, Esquire