Disability Retirement for Federal Employees: The Cadence of Life

We all “have” one, or at least sense it; and when we do not, it means that the tune to which we march is so coordinated that we don’t even realize that there is one; for, it is only when the song is “out of tune” or the marching footsteps are out of sync that it becomes apparent that the cadence of life is left askew.

There are days when the cadence of life is so perfectly attuned that we need not pause to consider it; then, there are other days when everything is out of tune — when the feet trip over one another, the dexterity of hands become all thumbs and nothing seems to work and the cadence of life has been disrupted.  Most days are somewhere in between upon the spectrum of daily living — of being in tune most of the time but with disruptions and pauses; “pregnant pauses”, at that, which make for embarrassment and disjointed agonies of trepidation and concern.

We say things like, “I feel out-of-sorts” or perhaps a slight cold or “bug” has infected us; but whatever the cause, we know that we must get back into the step of things and march along with the rest of the crowd, lest the band leave us and the quietude of isolation engulfs us with a fear of loneliness.

Medical conditions — whether of illness or injury — can likewise disrupt the cadence of life, and 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, filing for FERS Disability Retirement benefits — to be ultimately submitted to the U.S. Office of Personnel Management — is one step towards regaining that step to bring yourself in cadence with the cadence of life once lost, and now to be found.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Structure and Content

The former provides the form; the latter, the character of the entity.  It is the duality in combination which creates the ability to identify the particular being in an Aristotelian manner — as opposed to the more generalized definition of “Being”.  Without the largest organ of the human body — one’s skin — the “content” of that which separably identifies one individual from another would be lost, and we would all be mere aggregations of various organs not necessarily organized in any coherent way.

Similarly, in any presentation of a written form, it is important to plan the structure and content such that the former allows for coherence and ease of understanding while the latter compels the force of persuasion to impact upon the reader.

In preparing a Federal Disability Retirement application to the U.S. Office of Personnel Management under FERS, it is important to provide both structure and content in order to enhance the chances for an approval at any stage of the process.  For, the Federal or Postal applicant who is preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, one must first recognize that such an application is a “paper presentation” to OPM, and thus does structure and content both matter.

To merely focus upon “content” — i.e., medical records; the words in the Statement of Disability (SF 3112A) is to overlook the persuasive nature of the structure of the application itself.  Conversely, to concentrate too heavily upon the structure of the FERS Disability Retirement application — the forms to be filed; the “checklist” of necessary and required paperwork — is to underestimate the power of content.

The two must be formed [sic] in tandem; and a persuasive and powerful legal memorandum that provides both a roadmap as well as content-filled legal citations is a “must” in every FERS Disability Retirement application, and this should be formulated and prepared by an experienced Federal Disability Retirement Attorney who specializes in, and is fully knowledgeable of, Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Workers: Happiness revisited

What is it that makes people happy?  Is it constituted by generic categories (like “wealth”, “fame”, “friendships”, “popularity”, etc.), or is it specific to each individual (i.e., for Joe, it is to have sufficient time daily to become lost in reading; for Alice, the opportunity to go out with friends at least once a week; for Mary and Steve, to be in one another’s company, etc.) such that, while specific conditions can be described as the prerequisite for individual happiness, they can nonetheless be categorized into more generic forms while never losing the unique content of that which constitutes the essential ingredients for such individual happiness?

If generically-based, can it be “bottled” — i.e., advertised and sold?  Isn’t that what much of commercial advertising is all about — not the product itself, although that is the ultimate goal, but of the underlying message that by means of the product, the end will result in happiness?

Thus, teeth whiteners and dental conglomerates don’t just sell straightened teeth or gleaming smiles; rather, they sell happiness.  Otherwise, why else would everyone be smiling stupidly and pretending (for that is what actors and actresses do) that they are ecstatic in their roles?  And car insurance, life insurance, reverse mortgages and financial institutions — what are they selling but happiness through security and a sense of peace?

More importantly, should happiness ever be a goal, or is it best to allow it to remain as a byproduct and a natural consequence of a worthy life’s endeavors?

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 issue of one’s happiness is always present in stark contrast to the current human condition of deteriorating health: for, misery is the flip-side of happiness, and to that old standardized testing torture we all had to undergo as school children, happiness is to health as misery is to ___?  What would be the appropriate word used to fill in the blank?  Ill-health?  Sickness?

When one’s health deteriorates, the priorities of life suddenly come into sharper focus, for health is the foundation from which all else flows. Happiness, one begins to realize, cannot be the center and foundation; it is, instead, a byproduct of good health, solid relationships and productive careers, and filing for Federal Disability Retirement is a means to an end, whether you are under FERS, CSRS or CSRS Offset.

Thus, for the Federal or Postal employee who begins to 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, serious consideration should be given to filing for Federal Disability Retirement benefits, to be submitted, reviewed by and approved by the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Claims: The race that wasn’t

Does it often seem as if one is in the middle of the race, but that all of the rules have been abandoned by all other participants except the one that keeps struggling — you?

The term itself has had a long history of proverbial applications and overused metaphorical usages — of the “race” against time; the “race of life”; of marathon runners, sprinters and the various specialists in the metered world of measured distances.  It is the race that wasn’t that is the one forgotten, however; of the false starts, the disqualifications, the one’s discovered to have used illegal steroids, and the villains who cut across back trails when no one was looking in order to save an extra couple of miles from being detected.

Most races are unfair; they are stacked against one from the very beginning, and the end result is almost always predetermined in one fashion or another.  Is a race that is predetermined as to the outcome of individuals to reach the finish line, truly a race at all?  Do any of us ever enter a “race”, actual, metaphorical or otherwise, and say: Well, I know I am not going to win because the rules won’t allow it, but I am going to run, anyway?

Of course, one may not have a choice in the matter; and, in that case, when the whistle is blown, the flag is brought down or the blank round of the gunshot is fired, one begins to trudge along and try one’s best.  That is how one feels when a medical condition begins to creep upon a person’s health — of the slow, insidious deterioration, where the generality of “life’s unfairness” begins to dawn upon the consciousness of one’s livelihood.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent, impede, interrupt or otherwise diminish the ability and capacity to perform all of the essential elements of one’s Federal or Postal job, it may be time to reconsider the “rules of the race”, as the metaphor is often applied, and begin to prepare, formulate and file 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.

As with all government bureaucracies, the U.S. Office of Personnel Management applies the “rules of the race”, and in order to qualify for the race that wasn’t, you will likely need to consult an attorney who knows all of the relevant rules of the race, including the start time, the length of the process, and what needs to be done in order to reach the finish line.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: The intransigent excuse

Much of life is spent in retrospectively justifying actions; the remainder of the time, of making excuses where we can, and when we need to (which is often).  The great thing about excuses is that the reserve of them can never be depleted; like the never-exhaustive stars in the universe, we can always discover, make up, or otherwise concoct another.  Thus, to counter that a person has “run out of excuses” is to defy reality; we can always, if the need requires, go back to one that we long ago abandoned, and stick to it.

It is that intransigent excuse that tends to defy – the one that, though unreasonable by most accounts, nevertheless provides a shield of protection for the one who clings to it.  For, the one who tightly embraces an intransigent excuse never, of course, considers it as such; it is, instead, the fault that rests upon the rest of the world in a conspiracy of illogical motives that attempts to change course and offer alternatives as to facts, opinions or best avenues for future courses of action.

As to the one clinging to such excuses, it is never characterized as such.  No, instead it is an explanation in light of reasonable circumstances; a logical conclusion based upon facts as interpreted; and, even if the rest of the universe fails to comprehend the logic of the stated foundation, the intransigent excuse is the last bastion of the proverbial wall that may force us to do, acknowledge and admit to that which we vehemently resist.

For Federal employees and U.S. Postal workers who are in need of filing for Federal Disability Retirement benefits, whether under FERS, CSRS or CSRS Offset, the primary concern is to get beyond an intransigent excuse.  While there are very few circumstances in which filing for Federal Disability Retirement is “too late” (other than the obvious one, of course, of complying with the Statue of Limitations of filing within 1 year of being separated from Federal Service), the key is to file before it becomes an emergency.

As OPM has a large backlog of cases and they are taking longer and longer to review, evaluate and make decisions on a case – leaving aside the problem of even first having them to assign a case to a reviewer/ administrative specialist – there must needs be some forward planning and foresight of future-oriented perspectives, and it is often the intransigent excuse which defies, builds a wall against, and creates seemingly insurmountable obstacles in moving forward.

Life is full of obstacles, and the ones we build ourselves are often the most difficult to overcome.  Filing for Federal Disability Retirement benefits is a big decision to make; thought, preparation and formulation of a plan is often necessary.  Just do not allow for the intransigent excuse to be the wall that prevents the reasonable approach to prevail.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: The factors to consider

Whenever a problem arises, are you the kind of person who immediately rushes headfirst in order to “solve” it?  Are you like a first responder who by necessity, duty or conscience of being, sprints to save and runs to resolve?  Or, in contradistinction to circumstances that require thoughtless effort but urgent actions, do you consider the factors and ask the question, What criteria must be applied?  What would be considered a resolution of the problem, as opposed to a temporary cessation of a crisis-driven implementation?

The two are somewhat dissimilar, of course, in that the first example often does not have the luxury of pausing for a query, and the latter may allow for an ebb of questioning.

Thus, one would not want a philosopher pondering the conundrum of existential posits when the primary pipe draining sewage away from one’s home has a crack that is growing into an open fissure.  On the other hand, if repetition of recurring problems have haunted for some time, and the solution appears to require something beyond mere pragmatic settlement but a higher order of principled restraint, the factors leading to an overarching criterion may be mandated for a more far-reaching solution.

This is true in much of life.  There are many who repeat the same thoughtless actions only to find that the temporary solution comes back with ever greater fervor; few who ponder the underlying principles; and lesser still of a community of thoughtful cadavers who awaken from the slumber of daily monotony to consider the underlying factors that gird the first principles of life itself.

What factors need to be considered?  Where do we go from here?  Can we live on such reduced income?  Can we make it to the age of retirement, or the required combination of service time plus age, and still be in good enough health to enjoy some semblance of a retirement?  Will my agency continue to harass, employ mechanisms of onerous leave restrictions, and ultimately impose the sanctions of constant workplace hostility, and can I survive them all?

For Federal employees and U.S. Postal workers who have come to a crossroads of sorts, where the medical condition, the inability to perform all of the essential elements of one’s positional duties, and the pressure that can no longer be withstood with the coalescence of such onerous burdens, preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the first step in resolving the repetition of a horrendous culture of dismay.

Life is never perfect, but when a problem which appears persistent and chronic will not simply go away because being a first responder is not the right solution to the difficulty, then the Federal or Postal employee must consider the factors that underlie the problems which constitute the principles inherent, and move forward with pragmatic steps towards a brighter future for tomorrow.

Sincerely,

Robert R. McGill, Esquire