Medical Retirement under FERS & CSRS: The Art of Expression

The title itself plays upon multiple meanings and combinations of words otherwise with connotations and implications intended within a panorama of conceptual constructs utilized in everyday discourse.

‘Art’ itself is an expression of sorts; “Expression’ is both a form of ‘Art’ and an actualization of it; and so to refer to the ‘Art of Expression’ is not merely somewhat of a redundancy, but further, a tricky combination of two entirely separable concepts, independent and yet expressing [sic] a specific duality of meanings.  Expression, whether of the verbal sort or, as in this instance, of the written variety, is indeed a form of art.  It is so by default.  Not being a discipline of precision; not anywhere near a science of any sort; not an academic major or even a subject that can ever be fully mastered; it is, nevertheless, an art form that thrives or places an indelible blemish upon the language of one’s upbringing.

Good writing, concise discourse, proper grammatical usage and persuasive argumentation in delineating a perspective and point of view continues and remains an art form that is lost in the daily plethora of linguistic garbage.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition requires the Federal or Postal employee, whether under FERS, CSRS or CSRS Offset, to ponder preparing an effective Federal Disability Retirement application, consideration must ultimately be given to the art of expression when formulating the answers to SF 3112A, Applicant’s Statement of Disability.

In preparing, formulating and putting the final edits and touches upon one’s Statement of Disability, the Art of Expression must be considered:  Does it adequately describe your medical conditions and the symptoms experienced?  Do the legal arguments persuade?  Does the medical documentation support the statements put forth?  Does the statement paint a picture of coherence within a universe of incoherence engendered by the medical condition itself?  Is the nexus sufficiently created between the medical condition and the positional duties?  Has one applied the principles of Henderson v. OPM, the Bruner Presumption, the Simpkins application, the Bracey Principles and multiple other legal underpinnings?

The Art of Expression is the capacity to pull together the vast compendium of expressive resources available, and the first step in reaching that goal is to consult with an attorney who specializes in preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement Information: The pleasure robbery

There are “highway robberies”, “train robberies” (distinguishable from THE great train robbery, which has become a historical feature of mythical proportions) and “bank robberies” (is there a single one that overshadows all others, or are they better identified by the characters who perpetrated them, like “Bonnie and Clyde”, Ma Barker, John Dillinger or Butch Cassidy and the Sundance Kid, etc.?); there is the “car jacking” which is nothing more complicated than the robbery of a vehicle, except perhaps by violent means and confrontation with the driver and/or owner; Skyjacking or Hijacking; and then there are “grand” or “petty” larcenies, depending upon the amount stolen, as well as special formulations with particularly distinctive and distinguishing details, like “embezzlement” (which often must possess an employer-employee relationship) or exerting “undue influence” in the act of stealing (as in cases of elder-abuse where a child or relative begins to siphon off wealth from one’s own family member); and many other types of simple criminal acts of absconding with that which is not one’s own to possess.

But what about the daily occurrences of the most prevalent incidents — that of the pleasure robbery? You know — those simple acts of mental anguish, where worry steals and robs from the pleasure of the moment; where an anticipated future event not yet having come to fruition constantly overwhelms where one is obsessed with the expectation of disaster, and thus robs the person of any pleasures taken for the moment?  This often happens on the weekend, doesn’t it?  From late Friday until Monday morning, the worry and anxiety sets in, robbing from the reserve that the weekend itself was meant to preserve and restore; and it is the pleasure robbery that leaves one with the greatest of devastating effects: profound and unrelenting fatigue, and not just from the imagined catastrophe that has not yet occurred, but moreover, from the anxiety and worry itself.

For the Federal employee and U.S. Postal worker who must contend with a medical condition, where the medical condition is impacting and preventing the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal position, the concept of the pleasure robbery is a familiar one: for, one’s future, one’s career, and one’s livelihood are often at stake.

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, may not be the “total solution” for the anxiety that it may cause — whether because of the knowledge of a reduced income or the admission that the Federal or Postal employee must face the reality of one’s medical condition. However — despite being a complex administrative process, it is nevertheless a benefit that may resolve some of the perplexing questions that often accompany a medical condition, and set one onto a path of future hope and greater certainty in order to stabilize a world of unfathomable uncertainties, and at the very least, to stop the pleasure robbery from any further stealing away the needed rest and peace that weekends, vacations and a good night’s sleep are meant to provide.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Representation: Last stands

Of course, the one that always pops up in one’s mind is the most ignoble of them all, with the image from the movies depicted over and over: Of a blond-haired, straggly and wild-eyed man with a mustache of extravagant vintage taking a desperate last stand against the charging Indians.  Custer’s last stand somehow reverberates throughout the mythology of the American West, even though folly is mistakenly replaced by some view of courage or other laudable character traits.

It is the last stand of American Lore; but there are many others besides, some known, most in the private worlds that never become public.  We all have them; the proverbial line in the sand, the wall against which our backs are blocked, or perhaps the final straw that breaks the camel’s back.

When Federal Agencies propose a removal of a Federal employee, it is the “last stand” both for the Federal agency as well as for the Federal employee.  Or, is it the “last straw”?  Is there a difference between the two?  The latter, of course, constitutes the final act by one or the other individual or entity, and represents a reflection of having no other alternative, no room for compromise and left with no other choice.  But that also describes the former, to the extent that it reflects a situation that allows for no further room but to remain resolved in whatever hill of pride or fortitude one must consecrate the grounds with.

Last stands, however, need not result in the consequences that Custer’s famous one represents.  It need not be the final arbiter of a life well lived, and still to be lived.  Yet, Federal and Postal employees 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 job, often look upon his or her medical condition as a “last stand” of sorts – one that ends one’s career and, in some mindsets, the very life that one is gifted with.

But keeping a balanced and proper perspective is important in all matters (though, for Custer as he realized that he had been boxed into a valley where there was no escape, perhaps there was no such thing as a “balanced perspective”), and the Federal or Postal employee finding him or herself in the “last stand” position of no longer being able to perform all of the essential elements of one’s job, is still left with some alternatives – one being, filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management.

It is an option that should be seriously considered, for having the benefit of a Federal Disability Retirement allows for a second career in the private sector or public state or local government, and allows the Federal or Postal employee to continue in another vocation or career, thus avoiding the disastrous consequences that have been historically annotated by Custer’s last stand.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement Benefits: The Diary

Many begin the process at an early age, then abandon it with little remorse or afterthought, as a worthless project discarded for want of inherent value; and when, years and even decades later, it is discovered behind a bureau or a secret cubbyhole where trinkets and memorabilia retaining an eternal aura of privately precious remembrances are stored away, we shriek with joy as if the lottery had been won, a proposal has been declared, or a camouflaged vault containing the mysteries of gemstones and valuable cadavers had been pried open with but the wishes of gold pots at the end of a rainbow.

Then, as we turn the pages and delight in the innocence of bygone days, we regret that early abandonment turned away the gleeful idealism of a youth now a stranger, a mind intimately once known, but somehow forever a mirrored reflection of an identity of the same historicity in time and element, but yet in a parallel universe now non-existent but for memories kept securely in the destined vault of youthful summers.

Blank pages which abruptly reveal the terminal secrecy of thoughts and activities recorded once as sacred incantations of mysteries foreboding; whether of loves begotten or turmoils annotated in cloaked tears when others had retreated to the privacy of a house appearing in mirth, but ignoring the secret lives even in the midst of intimacy; now from the perspective of wisdom and maturity, do we laugh, or yearn for that innocence lost and the extinguished glow of naive eyes now dim with the experience of calloused beatings?

In more recent times, of course, we are told that one can actually lie to one’s self in a diary; but our own experiences tell us with greater certainty than the world can accord, that the tattered pages of bygone memories reveal truth as never before declared, and moreover, there is nothing more precious in life than the self-confessions of a heart once pure, only to be consecrated into the malignancy of a world which cares little.

It is, indeed, that transition from writing to the imaginary character of one’s own creation, to the intermediate level of testing the waters of reality, then to be pushed into the manifold chaos of the greater world, that constitutes the sin of destroying the human soul.  But that we could turn back the hands of time and reenter the hallways of innocence; but, no, that would mean that the womb of our essence would be revisited, and the soil of our own impurity would desecrate the purity of those precious memories we safely tucked away.  Then, one day, we open our eyes and we have “grown up”; and nowhere is there any room for such foolishness as hearts which once poured out for yearning of innocence betrayed.

Federal employees and U.S. Postal Service workers who suffer the inequities of workplace hostility, harassment — no, let’s just use the singular word which is simple, outdated, but still relevant — “meanness“, as in the child who has just had enough, screws up his face and cries out, “You are just plain mean!” — know of the experiential desecration of humanity, when a medical condition becomes revealed, and others who were perhaps identified “friends” and coworkers suddenly turn the proverbial “cold shoulder” upon the vulnerability opened, as a wound wrapped but now exposed.

Filing 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, is not unlike the youthful abandonment of the innocent diarist from bygone days.  For, like that abandoned project scoffed at for want of perseverance or perhaps plain boredom, it is the treasure found at the end of the process which resuscitates the goals once considered and the future to be embraced; and, in the end, there is a difference between regret for a childhood forever gone, and a later stage now delivered, but where broken promises are ignored with a twinkle of a child’s forlorn gaze.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: A penchant for excess

Do the historicity and context of a given time determine the individual’s proclivity for behavior otherwise deemed unnatural?  Does that concept even apply anymore, as normative constraints are denigrated, societal conventions become ignored, and new frontiers bypassing the ethos of communities are no more than mere irritants to swat away?

There has always been, of course, a penchant for excess inherent in the human essence; the British Royal Family, the French aristocracy, the Russian Czar and the modern totalitarian state where wealth and abundance allows an opening for the limitless reach of man’s appetite and predilection for excess.

Does the quiet neighbor next door — that meek and unassuming character straight out of the parallel universe of Walter Mitty’s caricature, of the bespectacled individual always referred to as “growing old with grace and a potbelly” — become a tyrant upon winning the lottery?  Is it inevitable that he files for divorce the day after his bank account becomes flush with an astronomical sum, abandons his responsibilities, denies his lineage to aunts and uncles who suddenly want to become the proverbial long-lost cousins who always loved him but were too shy to previously approach — is there an identifiable genetic code of wrap-around dimensions coiling within each of our cells waiting to embrace an inevitable penchant for excess?

And what of our behavior towards our fellow men and women — is human nature so predictable that we fear the unravelling of ourselves, and thus do we cloak our ugliness and conceal our inner motives precisely because, like the largest organ covering our bodies — the skin which provides layers of protection to make our appearance presentable and unblemished — we require constructs of artificial boundaries because we ourselves cannot abide by the liberty we are granted?

These thoughts are nothing new for the Federal employee or U.S. Postal worker who encounters man’s penchant for excess once the Federal or Postal employee shows the signs of weakness which accompany a medical condition.  Suddenly, the camaraderie and comity previously shown by coworkers becomes an unconcealed bevy of whispering conspiracies, like the silence of horrific quietude of a man drifting in a shark-infested ocean upon an overturned boat, waiting for that first bump of a forewarning to test the reaction before the initial attack.

For that Federal employee or U.S. Postal worker who suffers from a medical condition, such that the medical condition must by necessity lead to preparing, formulating and 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 penchant for excess as revealed by actions of the Agency, coworkers and people you once thought highly of, is really nothing more than the unravelling of that which was always there, but forever hidden but for that invisible thread which holds the fabric of society together — of self-restraint, like the distant echo of a forgotten discipline, lost in the meditation of a Zen monastery.

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