Federal Disability Retirement Claims: Of fortunes unattained

Here, of the story untold:

“He woke up and went into the bathroom, and there found an old man staring at him.  There was no voice that called; no utterance of a salutation so early in the morning.  The corrugated skin of this stranger was pulled back, revealing deep cuts in the rivulets of age where time had taken its toll.  His hair was unkempt; thinning and grey, with speckles of white reaching deep within the roots of timeless agony.

Where had time robbed this pathetic creature, where a lifetime was given as a gift in order to make his fortune, to find his love and to gather his friendships?

It seemed only yesterday that the toddler reached for his parents’ loving arms, and they who looked upon him with kindly affection and whispering, ‘There, there, you have a whole life ahead of you to dream your dreams and reach your goals’, and then the fading summers where life seemed but a dream where oceans divided and manhood arose from the depths of a sea that swallowed me whole.  And when the stranger in the bathroom finally spoke, it had the voice of one who stared back from a mirror that reflected the insanity of myself, old and lost, voicing a soliloquy of loneliness where once my children laughed within a wilderness of a future yet unseen.”

And so it is with many of us; time seems to creep ever so slowly during troubled waters of despair; and then, one morning, we wake up and decades have passed us by.  Did we do all that we wanted to do?  Did we find that love we yearned for?  Did we make that fortune we promised ourselves we would attain, remembering the poverty of our youth and the promises whispered in huddled caves beneath the conscience of our lonely hearts?

Of fortunes unattained, we can always justify by telling another tale: Life is too short to search only for abandoned treasures and, besides, what truly is a ‘fortune’?  Is love of lesser worth than gold in reserve, and does not friendship value greater than a penny saved?  And when compared with one’s health, is fortune amassed of any value if the former is sacrificed for the latter?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is an important step towards reaching those goals yet reconsidered.

Of fortunes unattained — perhaps so; but when one’s health is at stake, all else must become secondary, and for the Federal or Postal worker who can no longer continue in a career which is only exacerbating the deterioration of one’s health, those thoughts of fortunes unattained must by necessity be temporarily set aside and replaced by the wisdom of a more valued existence.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Crumbling Walls of Professional Conduct

The aged bemoan of modernity; youth view the present as merely fodder for change and future potential; and caught in between, somewhere in the netherworld of inertia, those inconsequential individuals relegated to the irrelevant category of “middle age”, who must stand by and witness the slow and progressive destruction of the past, the deterioration of cohesiveness of the future, and the present infirmity of impotence.

Medical conditions are funny animals; because they are personal in nature, the revelation of such private matters tends to scare people, because the emergence of such confidential conveyance violates the unspoken walls of professional distance; but for Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact the performance of one or more of the essential elements of one’s positional duties in the Federal sector or the U.S. Postal Service, it is often necessary to provide some component of one’s medical condition in order to ascertain and establish the extent of needed accommodations — for purposes of filing for FMLA, to take needed SL or LWOP, or to counter allegations of misconduct or violation of “leave policy”, etc.

Within the greater context of life, there is a sense there the walls of professional conduct which once protected privacy concerns and acceptable behaviors, are crumbling in modernity.  Anything and everything goes; there is no normative constraint, anymore, because the demarcation between private and professional have disappeared.

The same is true when applied to the administrative process of filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

The entire bureaucratic process engenders privacy concerns because of the sensitive nature of the information which must be submitted.  But those are merely “side issues” which should be placed in their proper perspective; for, in the end, when the final wave of goodbye is motioned, and one has obtained an approval from OPM in order to exit with a Federal Disability Retirement annuity, the crumbling walls of professional conduct as revealed by one’s agency or the U.S. Postal Service will be but a far echo of past misdeeds, as one walks out into the future of a brighter tomorrow.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Process: The Farcical Foray

It is the complexity of the absurd which tends to amaze; whether, in this day and age, we have lost the subtlety of the ludicrous, is sometimes to be held with awe.

Shakespeare’s Court jesters, clowns and fools all had that capacity to meander with linguistic pointedness; and it was in the very contrast between a character taking absurdity too seriously, and the juxtaposition of seriously expressing the absurd, that truth of circumstances often emerge. Within the context of such satire, there is a seriousness of purpose, and though we often become lost in the travails of life’s challenges, were we able to step back and consider the farcical, the foray would transcend between the mundane and the heavenly.

For Federal employees and U.S. Postal workers who engage the bureaucratic process of 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 patience shown is a tribute in and of itself.

Yes, the bureaucratic process can often be likened to a farce; and yes, the lengthy administrative procedures and legal maneuverings reflect a complex process of the absurd; and — but for the medical condition which is the foundation of it all — the encounters with life’s obstacles throughout the administrative process would often make for laughter and mirth.

Be not distracted, however; filing for, and obtaining, Federal Disability Retirement benefits from OPM, is neither a satire nor a pleasurable play to witness; rather, it is a serious endeavor which must be taken seriously; and though King Lear was a serious play whose Court Jester revealed the absurdity beneath, preparing, formulating and filing for OPM Disability Retirement benefits should be approached and engaged with the full comprehension that behind the curtains of life, the foundation of every Federal Disability Retirement application stands a human being waiting upon the human folly of man-made bureaucracy and administrative turmoil.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Extrapolated Life

Originating from mathematics, the concept of extrapolation works well within numerical or statistical restrictions, because the inherent precision constrained by present trends versus application to unknown quantities, poses a self-correcting device not otherwise discovered with linguistic flexibility.

But what of a person’s life?  Most descriptions possess mere “slice of life” indicators.  An employment application; information gathered on a background check; security clearances obtained; personal financial statements; a family discussion about an incident which involved a relative; these are all moments in time, partial reflections upon a wider context of a complex life.  But that is how we are viewed, and how we view others; for, it is simply an impossibility to convey, or to hold with accurate assessment, the entirety of a person’s life, leaving aside the lives of everyone and anyone we encounter.

And so we are left with designating labels of convenience; that is John who works in IT; Mary, the office manager, and oh, by the way, she has two kids, one of whom had the flu last week; and so it goes.  Are such categorical delegations adequate?  For specific purposes, and in defined ways, they are useful in their own methodological curtailments.

For Federal employees and U.S. Postal workers who are intending to 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, it serves well to understand the relevance of contextual extrapolation.  For, people have a tendency to want to tell the fullness of one’s life story.

Where to begin?  How to introduce one’s self.  What to include, and what to exclude.

Such is the contrast between David Copperfield and Holden Caulfield; the lengthy version of a biography, or the brevity of a pointed narrative.  Most want to divulge the former; the listener normally desires the latter.  To divulge too much is to indulge in needless chatter; discretion is, indeed, often the greater part of valor.

Thus, in preparing, formulating and filing for Federal Disability Retirement benefits through OPM, in the writing of one’s narrative, one should try and apply the precision-methodology of extrapolation in mathematics, but with a linguistic application sufficient to relate the relevant facts.

In the end, Caulfield’s concerns were probably overstated, and Copperfield’s remembrances of past childhood hurts could have been somewhat abbreviated; and a compromise between the two in all likelihood would have produced the best of narratives, at least for purposes of an OPM Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Those Days of Mental Clarity

One often remarks that we live for such days; when energy, motivation, clarity of mind and enthusiasm for life surges through our veins; one’s outlook is positive, the mystery of life is resolved, and no challenge is too onerous to overcome.  But then the mundane monotony of repetitive thoughtlessness returns; and life is back to the normalcy of day-to-day living.

Do we really live for such moments?  Or is it actually the opposite effect — that such days are mere reminders that living constitutes a linear course of relative quietude, interrupted by interludes of awakenings, like dreams impeded by nightmares in the solitude of self-contained solace.

Medical conditions have a similar impact; days of chronic pain, of lethargy and depression; and the cycle of becoming momentarily pain-free reminds one that there exists a plateau of health where the negation of illness or loss of wellness is the actual normative lifestyle, but where a medical condition reverses such a state of consciousness such that we adapt and come to accept a life of pain and chronic illness.

For Federal employees and U.S. Postal workers, the daily pain and impact of psychiatric conditions, including depression, anxiety, PTSD, stress-induced somatic disorders, as well as lesser-accepted physical conditions of Fibromyalgia, unspecified cognitive disorders, etc., can be the foundational basis of a Federal Disability Retirement claim.  OPM Disability Retirement is a benefit which is available to all Federal and Postal workers who are under FERS, CSRS or CSRS Offset, once the minimum years of Federal Service is met, and the preponderance of the evidence proves that the Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s positional requirements of the job.

Like those days of mental clarity, the necessity of filing for Federal OPM Disability Retirement benefits becomes a reality at some point in the evolution of one’s career, in the struggle to maintain sanity of health in a world which allows for chaos in this bureaucratized phenomena called the Federal system of government.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney: Social Justice

Concurrent litigation entanglements occur often enough; if one has the capacity and ability to compartmentalize life, such multi-adversarial offensives can be effectively coordinated.  At the same time, however, it is important to recognize the folly of spreading oneself too thin; history confirms the defeats suffered at the principle of too much, too soon, as in Germany’s incursion on the Eastern Front while taking on North Africa and the entrance of the United States into a reluctant war.

Strategies of logistical considerations, as well as pragmatic considerations of finances, must always be a factor; thus, for Federal employees and U.S. Postal workers who face a future with an ongoing medical condition which prevents one from performing one or more of the essential elements of one’s job, consideration should be given to concurrent filings.

If an injury or medical condition is “work-related“, there is nothing wrong with filing for OWCP/DOL benefits, while at the same time filing for OPM Federal Disability Retirement benefits.  If both are approved, the Federal or Postal employee has the option of choosing to activate one, and allowing the other to be approved but remain passive.

Filing for Social Security Disability benefits, for those Federal and Postal employees under FERS, is a mandatory requirement during the process of filing for OPM Disability Retirement, anyway, so obviously the concurrent nature of filing is a necessary given.

When considering more far-reaching litigation entanglements, however, such as filing an EEOC Complaint potentially leading to a trial in the Federal Courts, pause should be given, if only because of the statistical disadvantage and high cost of such litigation.  A 2009 WSJ Article found that EEO discrimination lawsuits fared worst in statistical analysis in wins-to-losses ratio, and more recent studies do not provide greater encouragement.

While the recent focus upon the Pao v. Kleiner Perkins case would seem to highlight such statistical disadvantage, at the same time, one must recognize that the particular court case was a gender discrimination case filed and tried in state court, not in Federal Court, and each case reflects the complexity of the uniqueness of a particular set of facts.

The point here, however, is that while statistical analysis certainly can be skewed based upon a multiplicity of complex factors, for Federal and Postal employees who are considering filing for Federal Disability Retirement benefits, a pragmatic assessment should be made which asks, at a minimum, the following:  Do I want to be involved in a protracted litigation with my supervisors, agency and coworkers?  What is the purpose of my filing for Federal Disability Retirement?  Is the cost-to-benefit analysis sufficient in justifying litigation?  What is my definition of “Social Justice”?

For Federal and Postal employees, filing for, and obtaining, Federal Disability Retirement benefits is a practical exit from one compartmentalized stage of life; there is awaiting the next stage, of which Shakespeare reminds us all.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Application: Eligibility & Entitlement

The two concepts are often confused; for the Federal employee and the U.S. Postal Service worker filing for Federal Disability Retirement benefits, the frustration is often voiced precisely because of the misapplication of the legal import between them.

Eligibility is determined by the contingencies which must be met, the thresholds of prerequisites which must be satisfied:  The Federal or Postal employee must be either under FERS, CSRS or CSRS Offset; the minimum number of years of Federal Service must have been accrued; the Statute of Limitations must not have already passed; further, then, some age limitations need to be considered as a practical matter, to allow for pragmatic justification to even apply.

Entitlement is based upon proof.  As the law is set by statutory authority, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management requires that the Federal or Postal applicant meet certain preset standards of acceptable proof, based upon that which constitutes sufficiency of satisfaction.

The legal standard is based upon a “preponderance of the evidence“; the evidentiary requirement provides that a tripartite nexus be established between (A) the medical condition, (B) the Federal or Postal position which the Federal or Postal employee occupies, and (C) evidence showing that as a result of A, one or more of the essential elements of B cannot be satisfied.  Further, there is the “D” component, and that involves the issue of “reasonable accommodations” and whether the Federal agency or the U.S. Postal Service can reassign the Federal or Postal employee to a similar position at the same pay or grade.

It is only upon the initial satisfaction of eligibility requirements that the Federal or Postal employee can then further investigate whether entitlement is feasible or not.  Thus, “entitlement” in this sense is not based upon meeting eligibility requirements; rather, satisfaction of eligibility prerequisites allows for entrance into the gateway of establishing entitlement.

Sincerely,

Robert R. McGill, Esquire