Medical Retirement for Federal and Postal Employees: Stupid Mistakes

Our first reaction may be that such a phrase is in fact a tautology; for, to make a “mistake” is by definition to do something “stupid”, and so it is merely a redundancy to use and place both terms together.  But surely we can conceive of circumstances in which “making a mistake” turns out to be the very opposite of having done something “stupid”?

Perhaps some earth-shattering mistake in science resulted in a new discovery — of having made a mistake in combining two or more elements but resulting in a new, composite element beneficial to society?  Or of having made an accounting error which accrued to one’s personal financial benefit?  But even then, one may argue that the mistake itself was a stupid one; the consequences merely turned out to be beneficial, but that doesn’t necessarily impact the character of the mistake itself.

And what of follies in our youth?  Does age and greater experience, retrospectively reflecting back into the series of life’s mistakes and actions thoughtlessly taken, lead us to conclude that we have made multiple “stupid mistakes”?  What, then, constitutes a “mistake” such that it was stupid?

Often, a glimpse into what we did in the past — of having forged ahead without a plan, thoughtlessly, and without due diligence in considering all of the factors; these, and many more actions taken without an inkling of preparatory counsel, constitute what most people consider as a “stupid mistake”.

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, it may be necessary to consider filing for Federal Disability Retirement benefits under FERS.  In doing so, it is necessary to have a full and comprehensive understanding of the laws which govern FERS Disability Retirement and the administrative process and procedures abounding.

Consult with a FERS Attorney who specializes in OPM Disability Retirement Law, lest you come to regret it as one more “stupid mistake” that was made — as one of many that we all make throughout our lifetimes.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement under FERS & CSRS: The sparrow

It is a bird that remains unappreciated — that generic entity which, when not identified by the wandering ornithologist, is simply referred to as a “sparrow”.  They are like the “default” bird, unassuming, pervasive, lost in the underbrush of time and history, and are taken for granted in their existence, presence and attraction — sort of like most of humanity.  One doesn’t hear the wandering bird-lover with his or her oversized binoculars strung heavily around a neck that is straining from a disc herniation from the sheer weight of the magnifying mechanism suddenly stop and declare loudly, “Look — a sparrow!”

People walk by throughout the cities of the world without ever noticing the thousands of such generically-forgotten creatures; those brown little blurs that fly about singularly or in large groups; flitting about, searching for sources of food, flooding the air with their chirping and fluttering.  But then, most of humanity is somewhat like the sparrow — in great numbers, never standing out from the rest, and merely trying to break out from the anonymity of life’s toil.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job duties, the sense that can remain as a “sparrow” of sorts becomes less of a possibility — but not because of any unique features that have suddenly been noticed by the plumes of one’s species; rather, you have suddenly been noticed and selectively chosen precisely because of the medical condition itself.

Suddenly, you have become the narrow focus of greater observation:  Leave Restrictions are imposed; your performance is reviewed with greater interest; harassment ensues; the magnifying glass of the Federal Agency or the Postal Service is upon you.

Once upon a time, the sparrow was flying about happily unnoticed, perhaps wishing to be a peacock, not knowing how fortunate it was to remain in the abyss of anonymity.  For the Federal or Postal worker, to be noticed can have some negative effects, and it may be time to begin to prepare, formulate and file an effective 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, lest the sparrow that wished to be a peacock suddenly realizes the looming shadow of a predator overhead, bearing down rapidly to end the anonymity that was lost because of a medical condition.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement from OPM: Feelings

There are appropriate contexts within which to consider them, as well as places, insertions, events and conversational modalities where it is partly or entirely irrelevant; but as with most things in life, the boundaries that bifurcate are not always clear and distinct.  When one is considering purely subjective circumstances, it is clearly the “appropriate” moment — of personal relationships; of a vacation to be taken; of emotions being considered.

In a court of law, it is probably not the best approach to take with a judge; although, in the sentencing phase or the “damages” argument to be made to a jury, it may be the singular force of persuasive impact that makes not only the distinction unclear, but the decision quite the decisive edge.

“Feelings” are to be reserved for puppies, late nights in bed with a fever, and how the toes tickle when lying on a grassy knoll in the middle of summer when the lone ant walks along the pathway of your bare skin.

Do we dare admit to them?  When you are in a heated argument, is it not an oxymoron to shout, “Feelings don’t have anything to do with it!”  For, what is the criteria to be applied when making a decision based upon them?  Does the spectrum of emotions never cloud one’s judgment?  Or can we, as we often claim, set them aside so easily, like so many automatons in those doomsday movies that have become popularized, where androids and mechanized juggernauts that have taken over the earth and tried to suppress humanity are now the very beings whom we always wanted to emulate?

And what of the French Existentialists and the horror of reaction to that old favorite, “Invasion of the body snatchers” — what was it that made it so fascinating, where beings were stripped of their souls and emotions were all of a sudden undone, extinguished and no longer relevant, where bodies devoid of feelings walked about the earth like so many empty tombs?

Feelings are funny animals; they make up so much of who we are, and yet we spend a lifetime trying to avoid the very essence of that which makes up who we are.

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 the Federal or Postal job, the anomaly concerning “feelings” becomes quickly apparent: for, confronted with having to prepare an effective Federal Disability Retirement application before an administrative body — the U.S. Office of Personnel Management — you are asked to remain “clinical” and antiseptic in the face of “proving” the medical evidence by the cold calculus of “the law”, and yet at the same time you are trying to convey your “feelings” with respect to the impact of the pain, the anguish of anxiety or the daily levels of profound fatigue felt.

It is a tightrope, balancing act that must be done with expertise, subtle techniques and an interspersing of line-crossing deftly engaged. Completing the SF 3112A, Applicant’s Statement of Disability, is the single most important form in preparing a Federal Disability Retirement application, aside from gathering the proper medical documentation and making the persuasive legal argumentation.

For, in the end, that lifetime of trying to suppress those “feelings” must be utilized carefully, yet at the same time you have to be persuasive enough to touch upon the emotional makeup of a fellow human being who, also, likely has had to suppress those same feelings in order to apply “the law”.  Go figure.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement under FERS & CSRS: DDD

It is what Moynihan said so many years ago, of constantly reinterpreting normative constructs such that the subtle, insidious reduction of acceptance allows for normalization of that which was rejected and repugnant just a few years before, a generation ago, or never at all.  Or, it may refer to a medical condition of the spine – of the condition identified as “degenerative disc disease”; but in either case, the acronym used as a convenient route for linguistic economy has some similarities involved.

For, in both cases, DDD allows for the slow and steady deterioration of a process – the former, of a cultural rot and standards once ensconced firmly in the very fabric of society; the latter, of a slow process of debilitating “eating away” that reveals a condition progressive over time, decaying by crumbling of bone, cartilage and repetitive overuse traversing time’s despondency due to labor’s unnatural pose.  Or, one can just make it up and ascribe it to a tripartite conceptual compound; for instance, “dual deficit denominations” or “dark, dim and dumb”, or other such consternations of linguistic accolades.

In any event, it is the original of the two that seems to share a common ground of meaning; for, in both, it is the essence of a slow process of change; one, cultural in nature, of an acceptance of lesser standards whether by willful determination or accidental submission; the other, the debilitating disease that – over time and resulting from old age – progressively worsens.  One could simplify the concepts by dismissing the first as “cognitive” and the other as “physical”.

In either case, for Federal employees and U.S. Postal workers who suffer from a medical conditions, such that the medical condition impacts the Federal or Postal worker’s ability and capacity to continue in the same position and compels one to consider filing for Federal Disability Retirement, both concepts can apply.

For, an expansive and liberal interpretation of Moynihan’s argument is similar to the Federal or Postal employee’s acceptance of the lower standard both in terms of his or her quality of life, as well as in seeing the adversarial nature of the Federal agency or the Postal facility as “normal” in the treatment of its employees.  And, as to the “other” definition of DDD – of the chronic neck or back pain – whether in a sedentary job or a very physical one, the high distractibility of pain that impacts upon one’s capacity and ability to safely focus, concentrate and attend to the job itself is often a qualification for Federal Disability Retirement benefits.

Thus, the acronym itself – whether for “defining deviancy down” or as “degenerative disc disease” – can fit the proverbial bill in considering the option of Federal Disability Retirement benefits, submitted through another acronym of sorts – OPM – otherwise known as the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Service: Profiles in Discourage

It is, of course, an obvious play off of the 1957 Pulitzer Prize winning work (publication date of 1955), describing 8 U.S. Senators who displayed courage in the face of criticism (an inherent oxymoron?).  Whether or not, and to what extent, Kennedy himself wrote the work (Ted Sorenson, John F.’s speechwriter, finally conceded in his 2008 autobiography as much) has become historically irrelevant, for the legend has become the man, and has replaced the truth of clear lines that once constituted the demarcation between fantasy and reality.

Ancient references to “Camelot” and metaphors about some obscure “torch” being passed through a generational transfer of linguistic fluff, have all cumulatively obscured the stark nakedness of that which makes people and events accountable.  The irony of real life always goes well beyond any fictional attempt to deceive; at least, by designation ascribed, we know what to expect of the latter; but then, there wouldn’t be anything like irony without the absurdity of the former.

Look at the recent allegations of the murky money-trail from Malaysia as the source of funding for the movie, “The Wolf of Wall Street”; how much more deliciously ironic can it get, where a movie depicting blatant corruption is paid for by the very manner in which the moguls of Hollywood are allegedly attempting to make a point about?  What prompted the short-cutting which undermines the title of the work credited to the 35th President?  Is it merely the old adage that the “ends justify the means” — and that not writing a work but claiming its authorship is allowable because the greater good of fame and the road to the presidency will account for such deception?

It is, in the end, the title itself which makes for the irony; for, in a work which describes the integrity and character traits of the subjects within, it is precisely the lack of such which presumes a contradiction without.  And that is the connection with Federal employees and U.S. Postal workers of today — for the entities which employ them represent the “official” face of this country, and yet the way they treat Federal employees and U.S. Postal workers when Federal employees and U.S. Postal workers suffer from a medical condition, such that the medical condition prevents him or her from performing all of the essential elements of the Federal or Postal position, reflects upon a discernible and palpable profile in discouragement (the suffix is added to make the sentence grammatically correct, although poetic license has been taken in the caption of this blog with the title, “Profiles in Discourage” in order to remain consistent with its alter-ego of the work by JFK and Sorenson).

One could argue, of course, that because there is the statutory right of all Federal employees and U.S. Postal workers to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, therefore any maltreatment or mistreatment of a Federal or Postal worker based upon the medical condition becomes a moot issue.

But that is precisely the point — treatment of the Federal employee or U.S. Postal worker in the process of engaging the long and arduous bureaucratic process of filing an OPM Disability Retirement application, should reflect an integrity of cover-to-content.  For, in the end, it is not the cover, nor the first impression which matters, but like the historical characters which are insightfully described in the book itself, the title should always match its claimed authorship.  But, then, of course, we would be left without the delicious irony of man’s daily folly.

Sincerely,

Robert R. McGill, Esquire

 

Federal Gov. Disability Retirement: Of dreamers and doers

There is a time for dreaming; of mental wanderings into wafting willows of soft surfs, where the ebb and flow of moonlit sparkles in the quietude of motionless tranquility pervades like the morning mist in weightless calm.  But in a world where action, doing, accomplishment and “getting ahead” constitutes the springboard of recognition and rewards, the temperament of timeless thinking rarely is allowed, and with grim furrows of brows judging with severe penetration of unforgiving eyes, the dreamers of the world survive at the behest of small windows of tolerance.

Of dreamers and doers, they span the spectrum between creativity and accomplishment, betwixt imagination and construction, and within fiction and fact.

There is a time for everything, and King Solomon knew well the appropriateness of matching the circumstances of the world to the plans of a future king.  For most of us, the time is now.  Dreamers who dream beyond the pinnacle of sleepless nights fare only at the behest of those who race ahead.

For Federal employees and U.S. Postal Workers who suffer from a medical condition, the need to act, to prepare, formulate and file an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, becomes more and more of an urgent need, concurrently with the time when the injured or medically incapacitated Federal employee wants to curl up and hide in the womb of dreams.

Life is hard; and while the state of dreaming allows us to momentarily escape the harshness of the world, we awaken with a sudden start, and realize that the dream shattered was merely a land of imaginary hope; doing is what accomplishes, and for the Federal and Postal employee, whether under FERS, CSRS or CSRS Offset, it is the concrete steps taken which will allow one to attain that conclusion of restorative prairies, where one can attend to the medical conditions and be free to dream for tomorrow.  Of dreamers and doers; it is to engage the latter, in order to have the time for the former.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: On the spectrum between fear and overconfidence

The “what ifs” of life tend to predominate; then, from the deep recesses of brute carnality, where evolutionary Darwinism remains wired in the DNA of a time when civilizations were yet to flourish, and where tea cups were merely in the imaginations of more genteel souls, a sense of uprightness, fortitude and strength of inner character dawns, and we walk out the door refreshed with a sense of deliberative purpose.  But it turns out that such fleeting flourishes of fortuitous firmness lasts but for a twilight, and then we desire to crawl back into the womb of our former skeletal selves.

Fear is how most of us live, despite the outward face of bravado and confidence.  We fear what others might do to us; how the economy is a mysterious force over which we have no control; of deteriorating health; of life itself.

Then, there are days when a calm sense of overconfidence prevails; without any reason or rationale, or perhaps we watched a movie or television show where a certain character manifested a bright and hopeful sunshine of unperturbed calm; but that was yesterday, and lasted but for a fortnight of winks and nods.  For the remaining days, we recognize that it was all an act; and so we live in trembling and fear.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to impact the Federal or Postal employee’s ability and capacity to perform the essential elements of one’s Federal or Postal position, that placement on the spectrum between fear and overconfidence is well know, recognized, and familiar as the warmth of a mother’s caress.

What the agency will do; what coworkers conspire; what the next news of the deteriorating medical condition; these all fall in favor of the “fear” side of the spectrum.  Those “other” things which call for confidence in the future over and beyond — they come in a spatter of popping grease, and make us wince with the momentary pause of a tap of reality, and then disappear.

How does one escape that spectrum of unrelenting reminders?  For the Federal employee and U.S. Postal worker, there is always the option of filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management.  Obtaining a Federal Disability Retirement annuity is not merely a benefit to be gained; rather, it is an opportunity to take the next step in life, to a beyond where future career and vocation choices may allow for productivity outside of the Federal Sector.

Thus, for the Federal or Postal worker who is under FERS, CSRS or even CSRS Offset, preparing, formulating and filing for an effective OPM Disability Retirement application is the first step towards taking a turn away from the treadmill of that dreaded pinpoint of our lives, where we are stuck in the middle of the spectrum between fear and overconfidence.

Sincerely,

Robert R. McGill, Esquire