FERS & CSRS Disability Retirement: Predictability

Is it all mere statistical probability?  Or, can there be a fair amount of certainty in the “science” of predictability?  Is the weather an event that can be predicted, and if so, do past failures enter into the equation; or, if not, why is it that the vicissitudes of nature cannot be so easily anticipated or foreseen?  How is it that we predict predictability?  Does it come about by numerical analysis, or by experience?

If you talk theoretically about the chances of a person being attacked by a shark if you go swimming in this or that ocean, doesn’t it depend upon a multitude of additional factors, as in: Where are you swimming (if in the arctic seas of the upper northern hemisphere, isn’t that a factor to consider as opposed to, say, off of the coast of Australia or in Florida?); the time of day; and perhaps certain peculiar behavioral features, as in splashing vigorously as opposed to swimming with slow, silent strokes, etc.?

Such factors might be important to consider.

Then, consider that, during the course of a conversation on such statistical relevance, a one-legged man (or woman) walks in upon the conversation and says, “Oh, yes, I lost my leg in a shark attack”.  Would that change the statistical analysis?  Wouldn’t the probability for that particular person be 100%, inasmuch as he/she experienced the event and is speaking post-actualization?

Do acts which enhance the probability of an event simultaneously diminish the chances of failure, or are they dissimilar acts that travel on a parallel but never-intersecting course?  Can all events subject to predictability base such anticipatory analysis upon a statistical study, or are some events able to be accurately foreseen based upon intuition, the supernatural or some other transcendent other-worldly criterion?

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 the Federal or Postal position, the likelihood of needing to prepare, formulate and file an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, increases with each passing day.

Medical conditions that remain for an extended period of time tend to not go away; instead, chronicity is an indicator in and of itself, and if a degenerative, progressively debilitating condition, the factors that need to be entertained concerning the predictability of future events yet to unfold can be accurately foreseen.  The key, then, is to enhance the statistical probabilities of surrounding factors, such as:  What are the key components necessary in meeting the criteria for Federal Disability Retirement?  Will hiring an attorney who specializes in the field of OPM Disability Retirement significantly enhance my chances of success?  What are the criteria for predictability of a positive outcome?

These and other questions should be asked and answered when seeking the advice and counsel of an attorney who specializes in Federal Disability Retirement Law, so that the murky field of predictability can be somewhat clarified with the wisdom of past experiences.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Dostoevsky and impassioned monologues

Does anyone read such an author, anymore?  At least, once one is beyond the assigned reading list and mandatory college compulsions that allegedly define those who are “educated” as opposed to not, does anyone perform the act out of pleasure?  Or, perhaps we would consider it more like self-torture.

Once the diploma is rolled, handed and received upon the platform of recognized accolades for accomplished feats now disseminated throughout all levels of society, where “blue collar” or physical labor is no longer perceived as acceptable and everyone must be subjected to the torture of reading Dostoevsky and his impassioned monologues that seem to meander forever upon a single scene, does anyone pick up a copy of such titles as, The Idiot, or The Brothers Karamazov, or of that “classic”, Crime and Punishment, and take valuable leisure time to plod and plug through such lengthy paragraphs upon puzzling paragraphs of reflective self-aggrandizing streams of consciousness?

Did a former generation or beyond really think like such characters, or is there something uniquely troubling about the “Russian” culture such that the depths of such rich history encompassing misery, war, poverty, the tension between power and the powerless, the tradition of the Czar and the more authoritarian lineage of Stalin, the current power structure, etc.?

Perhaps the Russian people can relate more readily with such authors and comprehend the scenes of reflective streams of long-winded monologues that can only be characterized as “impassioned” and tumultuous by any standard of emotional fervor.

There are, however, such similar examples in narratives prepared for a Federal Disability Retirement application, written by Federal employees and U.S. Postal workers in response to the questions and queries posed on SF 3112A, Applicant’s Statement of Disability.  Such impassioned monologues tend to include a lengthy history of past wrongs committed (i.e., Crime and Punishment); a journey describing tremendous upheavals and pain (i.e., The Brothers Karamazov); and of character caricatures that depicts a lack of focus and streamlined narrative (e.g., The Idiot).

Most of us claim to have read Dostoevsky; some of us make the further and surprising admission that we have “enjoyed” him; and some few of us actually continue to pick up his translated works and persist in reading him.  However, such pleasure-reading should be uniquely sequestered for the late-night fireside restorations, with a glass of wine or other inebriant to counter such impassioned monologues, and certainly only within a proper context of applicable content, and formulating such meanderings in a Federal Disability Retirement application by the literary device of stream of consciousness is not the “winning” mechanism to obtain a Federal Disability Retirement annuity.

Keep the focus and maintain a streamlined narrative in creating the nexus between the medical condition, the positional duties of the Federal or Postal job, and the impact between the two, and leave Dostoevsky and impassioned monologues to yesteryear’s literary classics rarely read, uncommonly desired, and never quite understood.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Benefits: Messy lives

In those Eisenhower years with residual trails into the following decade, we had those perfect television paradigms – of “Leave it to Beaver”, “Father knows best” and “My Three Sons”, while the world around began its transformational process.

Hollywood decided much later that they needed to be at the forefront, leading social change and forcing cultural avant-garde transitions even if merely experimental and questionable for any positive good.  That decision is in stark contrast to the turmoil of the 1960s and 70s, where the staid and stodgy traditionalism of television series barely reflected the reality of the deconstructionism occurring in real time.

Somehow, those old sitcoms provided a paradigm of perfect lives and traditionalism that secured hope for the rest of us; for, the reality is that, like Dutch’s childhood and the rest of us, we grew up with messy lives, and paid the price for the rest of time to try and correct it and match it as against the paradigms of a reality that never was.

Medieval theological arguments always include the notion that, we would never have an idea of perfection unless there was some entity in the objective world that matched such a concept.  It is merely an extension of Plato’s argument for Forms, where the particulars in the physical world are mere imperfections striving to compare to the ultimate conceptual constructs of inviolable Forms.

That is often the problem with comparisons and arguments by extension; they make of our lives unsatisfying, precisely because we can never meet the expectations of others, let alone those we construct in our own minds.  That is why medical conditions can be so insidious; we possess and carry around with us those Platonic Forms of perfection, and when the reality of a medical condition prevents us from completing the career, the project, the lives we believe we were meant to live, the dispossessing trauma of realizing that we fell short results in a despondency because we set up paradigms of expectations that never were.

The question often left unanswered is:  What are the values involved?  What do we believe in?  What constitutes reality, as opposed to a fantasy based upon unrealistic expectations?  Isn’t “health” the priority of life?

If so, preparing an effective Federal Disability Retirement application by Federal employees and U.S. Postal workers when a medical condition begins to prevent the Federal or Postal worker from performing the essential elements of one’s position, is the next logical step based in a reality-basis of an imperfect life.

Whether under FERS, CSRS or CSRS Offset, the fact that medical conditions further add to messy lives is no matter; we all have messy lives, and whatever fantasies we held on to when we enjoyed those old favorites, ignoring the problem never solved anything, and perfection should always be left to Platonic Forms in the dialogues of angels whispering among the heavenly orbs that remain hidden in the esoteric pages of those theological arguments long shelved in the monasteries of libraries long forgotten in the dusty bins of rotting books.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement Law: The Steps to Take

Life is often overwhelming enough.  Then, when a medical condition make its initial entrance, remains for more than a fortnight and begins to impede, curtail and prevent one from doing the things one has taken for granted –  the problem becomes more than just a nuisance, but a magnification and exponential exaggeration beyond that which was a burden to begin with:  another problem adding to a host of problems.  In life, we often know what needs to be done, and sometimes even the “how” in going about solving problems.  But the capacity to prioritize and organize, to sort a jumble into a linear coherency, and to gather the necessary components into a cogent whole, is often the problem that prevents one from moving forward.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the condition (or multiple medical conditions) begin to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal position, the normal sequence of events often take on the following incoherent pathway:  An inquiry is made with the Human Resource Department; two sets of Standard Forms are presented to the Federal or Postal employee (SF 3107 series; SF 3112 series); the Federal or Postal employee is told to read through them and “fill them out” and bring the entire sets back to the H.R. Office.  They will be there “to help”.

When such a development occurs, 2 issues immediately come to one’s attention, or should.  First, is there a sequence and methodology one should follow, that is better and more effective?  Second, if the Federal Disability Retirement application is submitted and denied at the initial stage of the process, will that same Human Resource Office or person be held accountable, and continue to “help” for the second and subsequent stages of the process?

The answer to the first question is an unequivocal “yes”; the answer to the second question is a bit more complex.  There are, indeed, many helpful H.R. offices and personnel.  The point of creating an H.R. Office is to guide, help and assist the employees of the agency or organization.  But filing a Federal Disability Retirement application is a different “animal” from most other processes.  Think about it; it is not like setting up an allotment from one’s pay, or changing the number of deductions for tax purposes.  No, it is a complex administrative process that, once out of the hands of the agency’s H.R. Office, is under the direct control of a separate agency – the U.S. Office of Personnel Management.

Further, filing a Federal Disability Retirement application, whether under FERS, CSRS or CSRS Offset, can become a contentious issue – once a denial is issued by OPM, and even a second denial at the Reconsideration Stage, then an appeal will need to be filed with the U.S. Merit Systems Protection Board within 30 days.  Then what?  Will the Human Resource Office that was so helpful, represent you there?

Every future holds a pathway for successful maneuvering, and yes, there are sequential steps to take in preparing, formulating and filing an effective Federal Disability Retirement application.  For that, a knowledgeable lawyer who is experienced in Federal Disability Retirement law can be helpful in guiding the Federal or Postal employee onto that pathway.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: The locked certainty

It must be nice to walk around this world of insecurity with an intractable sense of locked certainty.  There are those some few who possess such a perspective:  everything is without any shades of grey; “rightness” is defined by one’s power, position and capacity to impose, and those who stand in the way are mere leftovers in the residue of history’s garbage heap; and, whether in the privacy of one’s thoughts (if there remain any) or in that moment of vulnerability when the alcohol allows for an openness not previously manifested, there is revealed a glint or twinkle of a doubt, one normally never finds out, as the opportunity for such fissures upon a locked certainty rarely unravel.

How does one go about “unlocking” such a fortress of beliefs, ideas and faith in self?  Perhaps, never.  How did one arrive at such a point of foundational, unmovable certitude?  Darned, if this writer knows.

Authoritarians; totalitarians; cult figures and other assorted and assertive leaders; is it mere brashness and bravado, or is there some “secret knowledge” they possess where the “rest of us” merely squander?  Is it merely a restatement of that ancient division between Parmenides and Heraclitus?  Where, seeing the world as a singular whole and unchanging, in contrast to a perspective where everything is in a constant state of perpetual flux?  Is the psychological emanation that distinguishes and differentiates the two derive from that foundational belief-system that is proposed, or is the duality of such teleological posits merely offering a false choice of two extremes?

There are people like that – both in fiefdoms of past ages where the Medieval colonies restricted and constricted both in thought and in cultural diversity; and, today, in Federal agencies and U.S. Postal facilities, where all Federal and Postal workers who have a medical condition are viewed as “suspect” and unproductive workers who are merely shirking their duties out of sheer laziness.

Can you change their minds?  Probably not.  Is there a key to unlocking that locked certainty of belief?  Unlikely.  So, what is the “solution” to such a problem?  Fortunately, for Federal and Postal employees who can no longer perform one or more of the essential elements of one’s Federal or Postal job, the benefit of Federal Disability Retirement is “out there” to be accessed.

In order to successfully maneuver through the bureaucratic maze and administrative obstacles, however, one must shatter one’s own “locked certainty”, and try to view the process as a means to an end, and realize that a successful endeavor such as filing a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, begins with the realization that there never was a guarantee of security from life’s lottery of hope, but that the benefit of a Federal Disability Retirement annuity allows for a second chance at an apple already ravaged by those who surround you with that locked certainty of suspicion.

Sincerely,

Robert R. McGill, Esquire