Tag Archives: federal workers and nurse and doctors disciplinary appeals board

Federal Employee Disability Retirement Benefits: The incoherent narrative

The squirrel jumped into the rabbit hole.  Then, the floods came, and Noah didn’t like the color of his shoes because they matched the starboard and not the bow, and when the rudderless drift occurred, then did the turtle finally come out from the squirrel’s nest, high atop the water’s edge. The medical conditions caused a lot of stress, and if it wasn’t for the Supervisor who constantly harasses me, I wouldn’t have filed a complaint against him, but the doctors never said I couldn’t work except when the heart attack occurred and Bessie my dog ran across the street and got hit by a car.

It is, ultimately, more than just a sequence of lettering; greater than the combination of consonants and vowels in logical arrangement; indeed, the language of the narrative must form a coherent whole.  Can a jumble of words provide the requisite narrative in order to meet the legal criteria in filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management?

Must the “Statement of Disability” as reflected on Standard Form 3112A provide a sequence of information such that it:  identifies the medical conditions suffered; informs the OPM administrative specialist of the nexus between the medical condition and the positional duties of one’s officially-slotted job; and meets and addresses, whether explicitly or implicitly, the burden of proof in showing by a preponderance of the evidence that the Federal or Postal employee is eligible and entitled to Federal Disability Retirement benefits?

To all three questions, the answer is in the affirmative.  For, preparing and formulating a Federal Disability Retirement application, submitted through one’s agency (if the Federal or Postal employee is still employed with the Federal agency or the U.S. Postal Service or, if separated from service, not more than 31 days since the date of separation) and then to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is not merely stringing together a series of words, phrases, concepts and factual truisms; and it is often the incoherent narrative which not only fails to meet the legal burden of proof in a Federal Disability Retirement claim, but further, is harmed by providing too much information, whether intentionally or not.

The predetermined defeat of a Federal Disability Retirement application is not necessarily denied because of the substantive incoherence of one’s statement of disability; rather, more often than not, it is the unintended divulgence of information neither necessary nor true, which often provides the fodder for the fox to further the stealth of his slyness.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement from Government Employment: The Beat of Life

Have you ever had a dream (or nightmare) where you are the only one out of sync?  Whether in a choir or perhaps playing an instrument, and everyone around stares with irritation or dismay, and no matter what efforts you expend, nothing seems to allow for a synchronization of movements, sounds or stylistic applications?

Or in other similar circumstances, whether in sports, dance, or other events requiring coordination of efforts and timing of actions, the personification of self reflects a complete lack of capacity to become a quiet pendulum of rhythmic beats.  And much of life is like that; there is a rhythm and a beat, and one day we wake up and everything seems out of sync, out of kilter, and no matter what we do, how hard we try, the beat of life seems to go on without us.

The phrase itself, “The beat of life”, of course, has a sense of double entendre; the first implying the rhythmic march of one’s existence, and the other denoting the thrashing inflicted through the existential encounters experienced daily.  Both, in either form, connote the consequences of the spectrum felt and the degree effectuated upon the soul of an individual.  Medical conditions tend to do that independently of any control we attempt to exert upon the environment surrounding us.  Control and our ability and capacity to determine one’s fate, is not confined or unique to the proverbial “Type-A” personality.

We all desire to be the master of our defined universe.  To lose control is to relinquish the beat and rhythm of life.   It is to be banished from the comity and security of the fiefdom we have ascribed and announced our liege to, and for which we have dedicated out lives.

For Federal employees and U.S. Postal workers, the discovery of a medical condition which impacts one’s ability and capacity to perform all of the essential elements of one’s positional duties, is tantamount to a moment in a dream when the beat of life begins and ends.  The old rhythmic consonance of mellifluous comity terminates, and the new and adversarial relationship, both against the medical condition itself and the Federal agency or the U.S. Postal Service which fails to accommodate and refuses to cooperate, must be endured and confronted.

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, must be considered, precisely because a new beat must be found, and the band which played the tunes before can no longer comprehend the stylistic differentiation which you have now experienced, like a religious awakening expanding beyond the horizon one may have expected at the beginning of the journey.

But whether one lives a life in a small town and never leaves the security of the neighborhood born, or one travels through and traverses the cultural divides of the world, the beat of life one carries is somewhat like the backpack of the pilgrim, and for the Federal and Postal worker who must move on to the next phase of life, preparing, formulating and filing for Federal Disability Retirement benefits with OPM becomes a necessary step to allow for the beat of life to continue, lest you allow life itself to beat you down.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The idealist, the skeptic and the cynic

The idealist possesses the dreams of hope and promise; the skeptic, the singe of hurt enough to dampen the spirit; and the cynic, well, he is the grumpy old man who has seen it all, been battered about by the reality of experiential confrontations where tales make the sweat pour from salted wounds too hurtful for words to embrace.

Do they represent a tripartite spectrum of thoughts, feelings and motives, or merely unconnected differences demarcated by time, encounters and length of procrastinated envy?  Do we all begin with the zeal of idealism, pass through the comfort of skepticism, then end up bedridden in the cocoon of cynicism?  Does generational wisdom conveyed by the old to youth ever pause the bursting bubble of naive relish, where mistakes foreseen and palpably avoidable allow for the wounds of time to be delayed, such that skepticism never enters into the unwelcome gates of a soul’s purity?  Or, does destruction of the essence of a person necessarily result in a society where generational transfer of wisdom is scoffed at, and youth and its folly is celebrated merely because beauty is defined by age, sound judgment by pharmaceutical ingestion, and where mistakes made are linguistically altered by clever euphemisms which extinguish not the pain of experiential confrontation, but the narrative which meekly follows?

Whether as inevitable stages of growth and decay, or dots on a graph of spectral divergence, either and all are extremes which reflect the stage of life, experience and historical context which an individual has encountered.  For the Federal employee and the U.S. Postal worker whose calloused soul has already been deadened by time and degree of harassment, the additional burden of a medical condition which prevents the Federal or Postal employee from performing one, if not more than one, of the essential elements of the Federal or Postal job, the time may have come to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.  Whether under FERS, CSRS or CSRS Offset, once the Federal or Postal employee reaches the minimum years of eligibility criteria, the proof by a preponderance of the evidence must be shown.

For such a Federal or Postal employee, it matters not whether life has yet to dampen one’s idealism; nor that experiential harassment in the workplace has failed to turn one into a skeptic; or if cynicism has already prevailed, all the more reason to file for OPM Disability Retirement before the pain of the medical condition consumes to the extent that life’s despondency has already wrought.  In the end, filing for Federal Disability Retirement benefits through OPM is a necessity because of life’s encounters, and no man or woman can escape the scars of time, truth of weariness of soul, where the idealist lives on in the forgotten youth of our memories, the skeptic in the hardening callouses of our experience, and cynicism in the dying disregard of one’s mournful essence in losing the sensation of one’s inner being.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement under: Duplicative Duplicity

We can lie to others; others can deceive us; one can persuade oneself of a falsehood in order to live a deception; and we may even be able to persuade others, despite knowing the truth, to tell a lie and come to believe it in order to create an atmosphere of believability for third parties to concede.  The capacity for human nature to construct walls of deception, and double-walls of duplicity, is fathomless and without competition.

Everywhere else in the animal kingdom, the stark reality of the innate essence for survival prompts and compels in order to meet the day’s needs and arrive at the horizon’s end so as to lay one’s head upon a pillow of restive sleep; but not for man.  It is not just that we can ignore and set aside; we can repress and play-act, and convince others of the finery of the emperor’s clothes.

We can engage in sympathetic acts of criminal endeavors, join the Symbionese Liberation Army and claim the Stockholm Syndrome as a defense against our prosecutors, and live life within the parameters of the lie told and the deception accepted.  But then, one day, an obstacle is encountered.  Reality tends to slap one in the face, flush where the pain will not go away.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition necessitates contemplating 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 revelation of duplicative duplicity normally arrives when the pain and purview of one’s medical condition exponentially exceeds the spectrum of tolerance for continuation beyond overwhelming turmoil.

When life becomes unbearable, we tend to act.

Only in the antiseptic universe outside of the general laws of Darwinian behavior can we survive beyond our own making of deceptive parallel universes.  But our bodies tell of truths; our instinct, the need to act; and despite expanding our natural arc of flight by duplicative duplicities, the flickering depths of our animal essence can never truly be extinguished.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Hoarding Hordes

As homophones, they are often words confused and confusing, both in usage as well as in application; but it is the perspective by which they are utilized which refines the proper insertion into a grammatically correct context.  Thus, the former pertains to volume of items in vast storage supplies, collected for purposes often beyond want or need; while the latter is attributable to the invasion of foreign forces in greater numbers, in overwhelming tides of armies by invasion.

History is replete with instances of both, and the present day migration and waves of immigrants world-wide is a testament to that.  Hoarding defines an affirmative intent, and the will to refuse to get rid of or let go, while the entrance of hordes of people or other entities may have nothing to do with control or affirmative actions.  Where one is the gatekeeper, it is often important to recognize the elements which one has any control over, as opposed to those which are beyond such capacity.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s Federal or Postal positional duties, it is important to not confuse homophones and to conceptually distinguish between similar entities, whether by sound, identity or some other means.

Hoarding hurts, tragedies, defeats and setbacks, is something which the Federal or Postal employee has some semblance of control over; the hordes of aggressive actions and behaviors initiated by one’s Federal agency or the U.S. Postal Service upon the Federal or Postal employee in order to harass, intimidate or force a resignation upon, is beyond the borders of control (although they may certainly contribute to the anxiety felt, the anger festering, and the deep depression settling).

Recognizing the homophones of life is an important tool in maintaining clarity of purpose and acuity of determined planning for the future, and at some point, it is necessary to realize that the hordes of comity are nowhere to be found, and preparing to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management may first require getting rid of the hoards of emotional baggage accumulated over the past years of insensitive encounters.

Sincerely,

Robert R. McGill, Esquire