FERS Disability Retirement from the OPM: The Fight

Perhaps it is the remembrances of the Ali-Frazier era, or of one’s own childhood where we suddenly broke out into a melee of rash encounters; or maybe one is timid and never provokes, avoids all hostilities, diverts from any potential conflicts; whatever the background, there are fights that we remember, whether as a spectator or as a participant.

Was it the last shouting match with one’s spouse, where bitterness spewed and names were called when, once the butterfly of a stinging shadow left the lips that had been sealed with a promise, a shrug for regret overshadowed?  Was the provocation mere tiredness and stress such that upon the pent-up release of attacking the very one you love, you already felt better and thought, “Now, what was that all about?”

The Fight” is the unreleased energy within, always ready to explode upon the provocation of a volcanic eruption needing the outlet waiting for an opening.  It is when we no longer have “the fight” within us that souls wither, personalities begin to diminish, and the flattened effect of a once-lively self begins to devour itself.  There is “the fight” within each of us, but life, circumstances, and especially medical conditions can begin to dampen, diminish, then destroy that spark of the rebel.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to destroy “the fight” within us, it is time to recognize that staying with the Federal Agency or the particular Postal Facility is an unhealthy situation on top of the medical condition already suffered.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether under FERS, CSRS or CSRS Offset, is not an avoidance of a fight, nor an admission of defeat; rather, it is the last and true fight to win.

It is “The Fight” in order to preserve and protect one’s future, and not to simply walk about from all of that invested energy previously placed so prominently into one’s Federal or Postal career.  And remember that it is always prudent to hire a ringside trainer — an attorney who specializes in Federal Disability Retirement Law — in order to get that “knockout” win by getting your Federal Disability Retirement approved.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Help: The Man from Mars

It is a strangeness that cannot be avoided.  Sort of like Thomas Nagel’s famous philosophical essay, “What is it like to be a bat — for a bat?”  It is the “for a bat” that makes all of the difference; for, as Nagel himself pointed out, it is easy to imagine what it is like to be a bat — i.e., have wings, fly in the dark of night, screech, eat bugs, etc.  However, the uniqueness of actually being another creature — of having a separate and distinct perspective from that of a human, man-centered purview — is something that we will never be able to achieve.

Others, like those in Daniel Dennett’s camp, counter that there is no Searle-like “ghost in the machine”, and that consciousness is merely comprised by the aggregate of the neurological connections that make up the human body, and there is nothing metaphysical beyond the physical, no “trans” or “meta” existence beyond the firing of neurons and wired transmitters — in other words, the uniqueness of an individual is nothing beyond what we see and experience.

The cynic, of course, would look at the neanderthal that we have become, where we stare into our Smartphones like zombies and laugh uproariously as the crudest of jokes, and nod in agreement.  But what of the experiences of the extraterrestrial — does that shed any further light upon the issue?

Take, for example, the concepts explored in works like, The Man who Fell to Earth, starring David Bowie, or Robert Heinlein’s story of science fiction, “Stranger in a Strange Land” — where an alien culture and perspective meets with the consciousness of the banality found on earth; is it any different than when Native Americans first saw the ships appear upon the horizon of the Americas?  What is the natural response of the Man from Mars, and what is our response when confronted by an alienation of cultures, processes or foreign encounters?

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 strangeness of the experience itself is often daunting, at least in two or three ways: First, the medical condition itself is a phenomena that is alien, where previously the Federal or Postal employee was a healthy, vibrant individual.  Second, the fact that the Federal or Postal employee cannot “do it all” is another foreign concept that one has to adjust to, and that is often difficult enough.  And Third, the experience of meeting adversity and sensing a negative reaction by one’s own Federal Agency or the Postal Facility one works at — that, too, is a foreign and alien experience, where before the Federal or Postal employee felt like he or she was a member of that “team”, and now the treatment accorded is one likened to a plague or infectious disease.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether he Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often an experience likened to the Man from Mars — and because of this, the Federal or Postal employee who needs to consider Federal Disability Retirement might want to consult with a tour guide, otherwise known as an attorney who specializes in the attractive sights on Mars and within the purview of the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Benefits: Confused confusion

Why confuse the confused?  Why confuse further the confusion that already confused even the least of the confused?  Why add to the confusion when the confused are confused enough as it is, and when confusion should be relieved by less confusion instead of confusing everyone further by adding to the confusion?

Life is confusing enough, and it is amidst the confusion of life’s state of perennial confusion that we seek relief from the confusing state of affairs, but which often leads to further confusion because we ourselves are confused.

It all began in childhood when first we entered the ice cream shop and had to choose between vanilla, chocolate and strawberry flavors — and we turned to our parents wanting all three, or one of them, or perhaps two out of three, and we admitted mournfully, “Mom, I’m confused.”  Then, the next summer, we stepped in line and looked up at the offerings, and there were 3 more flavors added — of caramel-something-or-another, chocolate mint and peach; and from thence forward, choices for unlimited quantities of alternatives offered bombarded our sensibilities and overloaded the limited circuitry of life’s options.

Then, of course, there was the “fax machine” that began it all — not having to have to wait for the snail mail to carry back and forth the correspondence that was being typed first on a manual typewriter, then an electric one, then a “word processor”, then a tabletop computer, then a laptop, and then the smartphone and beyond — where every written piece of memorialization could be instantly received, to be further replaced by emails, attachments to emails, shared documents and instantaneous transmissions through the netherworld of constant connectivity; and we wonder, are we any clearer within our lives than before the confused confusion we experience today?

For Federal employees and U.S. Postal workers who believe that the Federal Disability Retirement process is a rather confusing administrative morass, such a belief would not be unfounded.

The complexity of the process — of what meets and constitutes the “preponderance of the evidence” test; of the multiple and various case-law precedents that determine and define the eligibility criteria for a successful Federal Disability Retirement application; to the confusing language contained in SF 3112C that will supposedly “guide” the treating doctors into providing the necessary medical information in order to successfully meet the eligibility criteria — all of it is inherently and purposefully complex and confusing.  How does one cut through the thickets of confusion?

To begin with, confusion is sometimes confused with complexity; and though they share some characteristics, the difference between the two is that while one possesses inherent elements which may lead to confusion, the other (confusion) is not necessarily defined by them.

Federal Disability Retirement is a complex administrative process, and the confusing elements within the process can lead to later complications unless clarified at the early stages.  To do so — i.e., to clarify the confusions and simplify the complexities — the Federal or Postal employee may want to consult with an experienced attorney who specializes in that complex and confusing area of law identified as “Federal Disability Retirement Law”.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation OPM Disability Retirement: Thinking it through

What does the concept even mean?  When we guide the child with such a statement, we are asking that the formative years of impulsive reactivity pause for a moment to try a different approach.

“Think it through” – is an admonition to figure out the tangled web of problems by applying a sequential, logical methodology where frustration should not impede, and when patience becomes the friend of success.

“Thinking it through” is a reminder that there is indeed a solution, but sometimes the problem will only be sorted out if some further time is given in reflective pose, or Sherlock Holmes-like investigative intuition based upon the scientific paradigms of rationality.  Yet, one must also be reminded of the fact that “solutions” to problems do not always lead to satisfactory conclusions; sometimes, there are a finite set of alternatives, and no one of them may be an option that one delights in.

But, then, life is often like that, isn’t it?

We are beset and faced with a challenge; we review them, thinking each one through, and in the end, we face a dilemma where the solutions offered or revealed are not necessarily the ones we like; nevertheless, we must choose, like entering into an ice cream parlor at the end of a summer’s day only to find that all of the favorite flavors are gone and we are left with rhubarb spice and cotton-candy mixed with peanut butter drops – somehow, not the best of combinations and understandably left for those who came too late.

Then, of course, there are the questions for everyone who posits the answers as “thinking it through” – does the person have the sufficient knowledge and preparatory tools to actually figure out the problem?  Or, are there necessary pre-performance insights that must be gathered first, before the proverbial “key” can be used to solve the problem?

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 positional duties, the question of “whether” to file for Federal Disability Retirement benefits is best left to the Federal or Postal employee who recognizes the wisdom of the incompatibility between the Federal or Postal job and the medical conditions suffered.

It is only the “how” to file that needs some “preparatory” work and knowledge; for, that part of it involves the law, the regulatory morass and the bureaucratic complexity of submitting the Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

For the latter, “thinking it through” may not be possible without the insight and knowledge of a Federal Disability Retirement attorney who specializes in that field of law exclusively.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The numerical veil

Statistical constructs indicate group shifts and movements; numbers, based upon controlled samplings, provide the substantive fodder for analysis of trends and patterns of population deviancies.  There is, however, the question of the incommensurate nature between mathematical paradigms and linguistic application; stated more simply, Do numbers hide more than reveal, and can anything be extrapolated from them and interpreted in terms we can understand and comprehend?

To a winner of the lottery, the numerical phantasm “one in a billion” remains meaningless; and to the dismissive statistical irrelevancy stated in language more readily comprehended, that there is a greater chance of dying in an automobile accident than from a shark attack, becomes inconsequential and of little comfort if you are laying in a hospital bed with a good part of your flesh missing from such a traumatic event.  That’s the problem with numbers, of course, and the use, misuse and abuse of statistical analysis; in the end, it depends upon how it is used, the methodology of discourse, and the manner of application.

To be hit by lightening may well be more uncommon than death by drowning, but if your job is to be a caddy for an eccentric billionaire who enjoys golfing on days of severe weather patterns, the generalizations ascribed by comparative mathematical analysis may be somewhat skewed.  And, of course, for romance of young couples who scoff at divorce rates and patterns affirmed by celebrity lives and the cultural meltdown pervasive throughout, the lack of life experiences, the want of provocation through trials and turmoils yet to be encountered and not yet encumbering, allows for hope, charity and a sense of optimism despite the universe which surrounds of cynical diatribes.

We take comfort in the veil of numbers, precisely because we can manipulate them in the ways we want.  Facing a bleak outlook, we can justify resistance with a dismissive wave of the hand (or that invisible wand of magic and sorcery) and declare, “Well, the chances are…”  Numbers never tell of the human emotions and toil of reality; they remain as cold mathematical calculations, jiggered and manipulated by the picture of emotionless bureaucrats who wear spectacles to magnify the inconsequential harm imparted upon the lives left behind.

And for Federal employees and U.S. Postal workers who must file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management?  Such individuals, whether under FERS, CSRS or CSRS Offset, become part and parcel of the statistical conundrum who once had names, faces and identities, but somehow became relegated into the numerical aggregate of “those” people who departed by filing an effective Federal Disability Retirement application through OPM, all because they could no longer perform one or more of the essential elements of the positional duties assigned.

Does such fear of becoming a mere irrelevancy of statistical obscurity make the Federal or Postal employee pause, despite the chronic pain or the psychiatric despondency which tells of the urgency to file for the benefit?  Probably.  Yet, beyond the numerical veil which hides, each Federal or Postal employee who departed and left behind such a statistical imprint, go on to live productive lives thereafter, with ongoing emotional ups and downs, as real people, living authentic lives untold by the hidden abyss echoing from the chambers of silent digits.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: Relevant subjects and relating back

Is it merely a ploy?  Are all subjects discussed in order to get to the point of addressing the subject of disability retirement for Federal employees and U.S. Postal Workers?  Some might wonder; yet, from the perspective of this attorney, the answer is quite simple:  Having a medical condition, and the resulting need to prepare an effective Federal Disability Retirement application to the U.S. Office of Personnel Management, is reflective of life’s multi-variegated challenges on a wider cosmic scale.

We tend to compartmentalize the trials and obstructions encountered; to say of this bump in the road, “Well, if only…”; and of that fallen tree in the pathway of our direction, “I should have done X instead of Y…”  A different perspective, however, is the interconnectedness of such travails, and to view the provocations of life within the greater context of living.

Thus, the linguistic universe of metaphors, fiction, narratives and the elasticity of language comprise the insular universe of the “self”; and whether one believes in the correspondence theory of truth — pre-Bertrand Russell and the English Logical Positivism movement — matters as to how one approaches any given problem; and the encounter with the “objective” world, whether taken with a grain of salt in embracing Kantian categories of enforced structures upon an otherwise chaotic universe, or in a systematic and methodological approach as Karl Popper did in his “scientific” construct where falsifiability and the avoidance of induction delineated the essence of human comprehension and ordering of a world otherwise incommensurate with a rational perspective; these all, in their aggregate and entirety, are relevant subjects and relate back to the experiences confronted by Federal employees and U.S. Postal workers in their struggle to find answers in a world devoid of questions posed and posited.

Thus, the introduction and prefatory remarks in each of these blogs may sometimes appear to be disconnected to the final point made for the Federal employee or U.S. Postal worker, and one can certainly “skip” the storyline and see what the end-phase content addressing the issue of Federal Disability Retirement contains; but that would be to overlook the relevance of the subject begun, and the relationship between one’s position as a Federal employee or a U.S. Postal worker under FERS, CSRS or CSRS Offset and the wider context in relation to all subjects far, wide and throughout history past, making in the present and developing for the future; sort of like skipping the first chapters in Charles Dickens’ masterpiece, David Copperfield, as J.D. Salinger denounced via the fictional but autobiographical character, Holden Caulfield in his equally masterful work, The Catcher in the Rye, where the story of a boy’s expulsion from a college preparatory school would represent an entire generation who saw Holden as the spark of the counter-culture to come, yet never experienced the horrors of war and combat as the author did while in the 12th Infantry Regiment — thus, further fodder for relevant subjects unspoken and relating back but to a generation yet unspoiled by the totality of experiences left for silent narratives and tombs unvisited.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: Privacy and the parody which excites

The bifurcation between public and private issues has been blurred to such an extent that the social norms which once prevailed no longer apply.  Public figures constantly complain about the intrusion of unwanted exposure, and yet they generate and welcome their wealth precisely by means of voluntarily submitting to such magnified scrutiny.  Notoriety in modernity results in the accumulation of a fattened checkbook; protestations aside, it is hollow hypocrisy indeed to claim violation of trespass.

In purely private lives, that which was once discreetly implied, but otherwise remained concealed, is now publicly displayed on Facebook, tweeted on Twitter, and exposed on Websites throughout the ethereal universe of the Internet.  While not formally designated as a “secret”, and perhaps not even covered under confidentiality terms, there was a general sense and acceptance that certain functions, both bodily and otherwise revelatory of actions within the strict confines of plaster walls, need not, should not, and would not be displayed for public consumption.  Of course, hackers burglarize for purposes of nefarious means, but aside from access to financial divestitures, it turns out that much of the information exposed had already previously been displayed, anyway.  Nevertheless, we feign violative dismay and engage in the parody of life where access of private lives excites the worst within us.

Medical information, of course, remains somewhat in a different category; although, from the confessions revealed in television commercials of medications available for conditions which would bring the pink of blushing to grandmothers of yore, one questions whether anything is left sacrosanct, anymore.  But that is the ultimate distinction to be made, isn’t it?  We can talk of medical conditions unwedded to a particular individual, and it remains acceptable; once the medical condition is identified with a specific person, and revealed, then a violation of privacy has occurred.  Aside from standing in line at the Post Office and being forced to listen to old people talk about the most recent medical procedures performed, the majority of the population still considers certain information to be “private”, if not a family’s “secret”.

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 the essential elements of one’s positional duties at the Federal or Postal job, worries over maintaining the privacy of one’s medical file always remains a concern of inextricable engagement.  Human beings being who they are, the chance that the most private of medical information must be, or will be, disseminated beyond the periphery of a “need to know” criteria, is greater than any normative constraints will guarantee.

In the end, the best approach is to simply do the best that one can in trying to limit exposure and revelation of that most private of information; but when the Federal Disability Retirement packet reaches the Agency’s Human Resource Office, en route to the U.S. Office of Personnel Management, the concerns of privacy will always follow where the parody which excites may not be able to fully be prevented.

Sincerely,

Robert R. McGill, Esquire