OPM FERS Disability Retirement: Coordination of Elements

There is no question about it: It is a complex process.

Administratively, it must be passed through multiple levels of agency review in order to get a completed packet — the Supervisor’s Statement (SF 3112B); Agency’s Efforts for Reassignment and Accommodation (SF 3112D); effectively answering the Applicant’s Statement of Disability such that it provides the proper nexus between each of the questions on SF 3112A — for, although it may not be so obvious, the questions must both be answered separately as well as viewed in the totality of each as being a component fitting in with each other, in order to answer it to completion.

Then, there is the coordination of internal and external elements, and the intersecting impact within and without — of a medical report effectively prepared and consistent with the history of treatment modalities; of a nexus persuasively argued establishing the connective impact between the medical condition and the essential elements of the Federal or Postal job elements; and the interconnectedness of essential elements to the physical or cognitive inability to perform one or more of the essential elements, etc.

Throughout the process — whether for a denial and a rebuttal response at the Reconsideration Stage, or at the initial preparation stage in the First Stage; or, even of an appeal to the U.S. Merit Systems Protection Board — the coordination of elements is important in preparing, formulating and filing an effective Federal Disability Retirement application to be submitted to the U.S. Office of Personnel Management.  Consult with an attorney who specializes in FERS Disability Retirement Law in order to more effectively establish the coordination of elements.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Except, in real life…

Isn’t that the refrain that dampens?  Whether for a child or a young adult who still possesses and retains the enthusiasm of the possible, we pour cold water upon such unfettered energy for the future yet undeclared by saying, “Except, in real life…”.  Of course, what is inserted to replace the ellipses is the clincher that determines the mood of the response.  Is it: “Except, in real life, that never happens.” Or — “Except, in real life, you’ll be broke and devastated.”

Why is it that the unspoken elongation implied by the ellipses must by necessity include a negative ending?  When have you ever heard, instead: “Except, in real life, it’s all the better!”  Is it because our creative imagination reaches far beyond what is possible in the stark reality of “real life”?

Is the universe imagined of greater potentiality than the reality of daily existence, and is that why the virtual reality of Social Media, “the Web”, interactive video games and the like are so sultry in their seductive pose — because they invite you into a world which promises greater positives than the discouraging reality of our existence in “real” time?  Is that what is the ultimate dystopian promise — a caustic alternative to Marx’s opium for the masses: not of religion, but of an alternative good that has been set up that not only promises good beyond the real good, but provides for good without consequences?

The problem is that, whatever alternative good or virtual reality that is purportedly set up to counter the reality of real time, is itself nothing more than “real life”.  It is just in our imagination that it exists as an alternative universe.  This brings up the issue of language games as espoused by Wittgenstein, as to the “reality” of an “objective world” as opposed to the one expounded by linguistic conveyances: Take the example of the blind man who has never flown a plane.  He (or she) can answer every aeronautical questions with as much technical accuracy as an experienced pilot. Query: Between the 2, is there a difference of experiencing “reality”?

For Wittgenstein, the answer is no.  Yet, the laughing cynic will ask the ultimate question: Who would you rather have as your pilot for the next flight — the blind man who has never “really flown” a plane, or the experienced pilot?

That becomes the clincher: “Except in real life…”.

For the Federal employee or U.S. Postal worker who suffers 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, the tendency and proclivity towards taking a dim perspective of life can be overwhelming, especially when one is dealing with the debilitating consequences of a medical condition.

Yet, it is important to maintain a balance between the cynic’s world view (that the cup is always half empty) and the eternal optimist’s myopic standard that the glass is always half full.  “Except in real life,” doesn’t always favor the former; for the Federal employee who must go up against the behemoth of OPM in filing a Federal Disability Retirement application, “real life” is not necessarily the exception, but can be the rule of a successful outcome if you are guided by an experienced attorney.

Sincerely,

Robert R.McGill, Esquire

 

OPM Disability Claims: The chasm between illness and time

Illness creates the need for time and forces time to stand still for treatment, recuperation, attending, and resting.  Time is the commodity we no longer have in modernity, where the busy-ness of life’s travails just to survive forces everyone to walk about in a daze of exhaustion and thoughtless fatigue for fear of failure in this driven society.

The chasm between illness and time is that blur of life that happens so quickly that any notion of enjoying, of pausing, of that proverbial “stopping to smell the roses” is quickly dispensed with, thrown out the window along with the baby and the bathwater.  There is no chasm, no space, no time between time, and that chasm between illness and time develops only because we are forced to create it – by waiting for the doctor, waiting for the diagnosis, waiting upon the prognosis, waiting for the treatment to take effect, waiting for the medication to kick in; waiting, and allowing for the development between illness and time.

Time, according to Augustine, is the anticipation between memories held and events thought to occur based upon present circumstances beheld.  Physicists and Astronomers would differ, and would instead refer to moving objects and spatial divides that account for past memories, future movements and the sense of eternity in between.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition necessitates considering 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 chasm between illness and time is better marked by anticipating what the Agency or the Postal Service will do (rather predictable, given their negative track record on how they treat employees in general), determining the future of staying put in a job where one is no longer able to perform one or more of the essential elements of the Federal or Postal position; and, based upon the medical condition itself, to weigh that against the lengthy process of getting a Federal Disability Retirement approved at the U.S. Office of Personnel Management.

There is a chasm between illness and time, but the best time spent is in preparing for the future, and perhaps consulting with an attorney who specializes in practicing Federal Disability Retirement law.  Just a thought to pass the time away.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The limited reservoir

What if the reserve is limited, but we are never informed of it?  Perhaps the gods, fate or however the source of creation is defined, has placed a quota upon the extent of that which is expended, but we are never included in the corporate decision-making process – then, what?  Death, insanity or just plain debilitation and stoppage of activity; is that what we call “an unfortunate end”?

By “reservoir”, we normally mean that natural or artificial accumulation that is used for a specified purpose – the town’s water supply; a special cache of good wines; or perhaps, even that sixth player who is left sitting (a temporary “bench warmer” – though, perhaps in this climate of everyone being nice to each other, such terms are no longer considered appropriate) aside until a burst of fresh input is needed.

Concurrently, we expect that any depletion from the cistern is consistently replenished, except during periods of extreme droughts when we are forced to systematically make use of it with the justification that it is that for which we reserved it in the first place, and when times are better, we will take care in replacing that which seemed limitless just an eon ago.  And, why is it that when the main tank has been completely re-filled, we have a tendency towards excess and lavish spending, but when we hit the “reserve” indicator, suddenly we act with frugal caution and become responsible conservationist?

Is it because of our hereditary backgrounds as hunters and gatherers during a time of unknown and tenuous circumstances, when bodies hungrily stored fat in order to survive during those times of want and scarcity?

What if we are left with a limited number of words in life, and once expended, we become transformed into unnoticed mutes wandering across time, traversing the silence amidst others who have saved their reserve for future accessibility?

Life often “feels” like that – of having reached a point of depletion where the quota has been reached, the reservoir has been emptied, and the excess energy expired.

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 position, it often seems as if the reservoir needed in order to reach that golden mark when retirement age and cumulative years of Federal Service coalesce to allow for passing across the proverbial “finish line”, has been too early depleted.

Unfortunately, medical conditions hasten the reservoir of time, energy, patience and capacity to withstand the daily toil of workplace stresses and employment concerns, and there is often a need to access an alternate source of supply.

Federal Disability Retirement allows for that; it is a means to recognizing that the reservoir is limited, and that the medical condition has reached a critical point where replenishment is no longer an option.  Yet, even after a Federal Disability Retirement is achieved, the Federal and Postal worker can go out into the private sector and remain productive, and under the law, is allowed to make up to 80% of what one’s former Federal or Postal position currently pays, and still maintain employment and receive the annuity.

For, while the reservoir of one’s life and talents may indeed be limited, it is the limitation of self-imposed stubbornness in refusing to acknowledge that the medical condition has reached a critical point, that often defeats and depletes long before the fuel gauge indicates a warning light of that ever-blinking “danger” point.

Sincerely,

Robert R. McGill, Esquire

 

The Devaluation of the Federal Employee with Disabilities

Countries engage it deliberately with its currencies; economic circumstances force it based upon fluctuating market volatility; and the basic principles in capitalism of supply and demand will often expect it.

Currencies are never stable indexes despite the best attempts by countries to manage and control their economies; the fact is, in this interconnected world of global economic entanglement, devaluation of worth can occur overnight, just after the soft breathing of nightfall overtakes, but before the dawn of first light when the halls of stock markets in faraway colonnades lined in symmetrical facades open their doors for the business of commodity markets.

Fortunes can be made, and lost, overnight; but the devaluation of that which implicates worth, can just as easily fall upon the human soul.  Medical conditions tend to do that.  We exchange, trade, value and appraise based upon a commodity’s supply, demand, desire and greed of want; but when it comes to human beings, though we deny such callous approaches, the encounter with such baseness still prevails.

For the Federal employee or the U.S. Postal worker, facing devaluation is nothing out of the ordinary when a medical condition hits.  Once the Federal or Postal worker suffers from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s positional duties, the avenue of choices becomes starkly clear:  One can try to hang on; one can walk away with nothing to show for those many years of dedicated and loyal service; or one can file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset.

It is the last of the tripartite alternatives which is the best option, and one which can secure a future for the Federal or Postal employee.  For, ultimately, the whole point of devaluation in paradigms of economic theory, is to stabilize the currency for future years; it is the experience of short-term suffering to attain long-term calm.  Economics is merely a microcosmic reflection of a macro-global perspective, and application of parallel principles are relevant to situations which might otherwise appear foreign.

Federal agencies and the U.S. Postal Service engage in devaluation, just as governments do, when the worth of the Federal employee or the U.S. Postal worker is seen in terms of productivity for the moment, and not for the long-term benefit gained for the future.

We live in a world of short selling trades; everything is seen for the immediacy of gain; but fortunately for the Federal or Postal worker who must contend with the attitude and approach of a Federal agency or the U.S. Postal Service in viewing the devaluation of the worker based upon productivity, the option of filing for Federal Disability Retirement benefits through OPM is one which is available, attractive, and allowable for those who are eligible to prepare, formulate and file for the benefit.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Fate & Consciousness

The concept of fate attaches a sense of termination and determined outcome; and consciousness beyond mere awareness of presence where a self-reflective realization of one’s self, the “I” in a world among others, and the further mirror-image of stepping outside of the self and having the capacity to recognize the “I” as another you among a multiplicity of others, creates the question of free will, self-determination and conscious action.

Whether the end of anything and everything is predetermined; whether causal forces in a universe of physical laws control and conform individual actions; and further, whether one’s conscious and deliberative intent makes a whit of difference in the macrocosmic universe of dialectical forces, is a puzzlement to be pondered perennially in Western Philosophical thought,especially in today’s debate involving the attempt to make language conform to pure scientific materialism.

Whatever the outcome of the debate encompassing mind/body dualism, the existence or not of consciousness where materialism and language reductionism to physical terms involving neurotransmitters and organic, genetic compounds explaining behavior and psychology, the individual who must live and act still holds to the idea that one’s choices in life make a difference, however small, insignificant and irrelevant. And, for the singular individual, a decision which may have no impact in a macro sense, but of a large and important consequence in the tiny, microcosmic universe of one’s personal life, whether fate and deliberative consciousness in decision-making makes any difference at all, is something we cling on to.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition prevents one from continuing to perform all of the essential elements of one’s positional duties in the Federal or Postal position, the fate and conscious decision to prepare, formulate and file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS, or CSRS Offset, is a major decision of life-shaking and earth-shattering proportions.

In the end, the great philosophical debates which have dominated Western thought must be put aside when personal life-events predominate. Such mind-enhancing discussions are nice for a day, or between colleagues and in the ivory tower of academia; but the reality of a medical condition, the possibility of the end of a career, and the need to decide upon one’s future, while all of relative insignificance in proportional contrast to The Great Debate; in the end, for the Federal employee or the U.S. Postal Worker, the onset of a medical condition and the need to file for OPM Disability Retirement benefits from OPM will possess greater significance than the question of fate, consciousness and the consequences of believing in a predetermined universe. Or, to paraphrase Bertrand Russell, when one is overcome with thoughts about the greater universe, it may just be that we have an unsettled stomach.

Sincerely,

Robert R. McGill, Esquire