OPM Disability Retirement Law: The unsolvable dilemma

Most of us live linear lives.  It is a characteristic of Western Civilization that the thought-processes involve a sequential, step-by-step, logical extension and advancement.

Much has been said about this approach, in contrast to an “Eastern” philosophical methodology, where there is a “circular” mind-set that often involves the complexities of reincarnation, capacity to assimilate inconsistent, incommensurate and seemingly incompatible belief-systems – and, indeed, to even describe the “other” as a “methodology” is an oxymoron of unfair proportions, for it is more of an amalgamation of acceptance without hesitation – like the symbiosis of Shinto and Zen Buddhism in Japanese culture.

Such an approach – of a straight line from Point A to Destination X – that reflects the essence of the Western culture, including Continental Europe, the British linguistic solutions and the U.S. pragmatism that dominates, leaves us with an emptiness when we encounter and engage the unsolvable dilemma.  Perhaps that is the primary deficit in “our” approach, as opposed to the “other” one.  For, in attempting to think always in a linear fashion, we become frustrated when the solution cannot be figured out or otherwise consummated.

A problem left unsolved is one that we consider to be a failure of sorts, because the pragmatism of Western thought requires that all problems have solutions; it is a paradigm that has been ingrained in the DNA of our very being and essence.  But life doesn’t quite work in that way, does it?  There are unsolvable problems – where we just have to accept what “is” and move on with the deficit of a solution.

Medical conditions comprise one such class of such unsolvable issues.  We like to think that the “science” of medicine provides for a cure through complex and technologically modern treatment modalities for every identification of diagnosed maladies; but it quickly becomes obvious that many medical conditions simply do not have a linear resolution.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal employee or U.S. Postal worker from performing all of the essential elements of the Federal or Postal job, the linear approach of Western Civilization often will not work.  There is an incompatible friction that quickly arises between the Federal agency and the Postal facility, and the Federal employee and Postal worker.

Often, the only “solution” is an exit via filing an effective Federal Disability Retirement application, submitted for consideration ultimately to the U.S. Office of Personnel Management.  Does it “solve” the problem?  Not really.  For the Federal or Postal employee, the medical condition continues with him or her after separation from the Federal workforce; and for the agency or the Postal facility, the loss of a formerly valuable and productive employee invested in for those many years, cannot easily be replaced.

But getting a Federal Disability Retirement annuity is a compromise of sorts; it allows for the Federal or Postal employee to seek other opportunities in the private sector, and to attend to the medical conditions with greater focus; and for the Federal agency and Postal facility, it allows for employment of another, more healthier worker who can fulfill all of the essential elements of the job.  Nevertheless, it remains an “unsolvable dilemma”, to be relegated to the “Eastern” approach, and leaving a void to the “Western” perspective.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: The factors to consider

Whenever a problem arises, are you the kind of person who immediately rushes headfirst in order to “solve” it?  Are you like a first responder who by necessity, duty or conscience of being, sprints to save and runs to resolve?  Or, in contradistinction to circumstances that require thoughtless effort but urgent actions, do you consider the factors and ask the question, What criteria must be applied?  What would be considered a resolution of the problem, as opposed to a temporary cessation of a crisis-driven implementation?

The two are somewhat dissimilar, of course, in that the first example often does not have the luxury of pausing for a query, and the latter may allow for an ebb of questioning.

Thus, one would not want a philosopher pondering the conundrum of existential posits when the primary pipe draining sewage away from one’s home has a crack that is growing into an open fissure.  On the other hand, if repetition of recurring problems have haunted for some time, and the solution appears to require something beyond mere pragmatic settlement but a higher order of principled restraint, the factors leading to an overarching criterion may be mandated for a more far-reaching solution.

This is true in much of life.  There are many who repeat the same thoughtless actions only to find that the temporary solution comes back with ever greater fervor; few who ponder the underlying principles; and lesser still of a community of thoughtful cadavers who awaken from the slumber of daily monotony to consider the underlying factors that gird the first principles of life itself.

What factors need to be considered?  Where do we go from here?  Can we live on such reduced income?  Can we make it to the age of retirement, or the required combination of service time plus age, and still be in good enough health to enjoy some semblance of a retirement?  Will my agency continue to harass, employ mechanisms of onerous leave restrictions, and ultimately impose the sanctions of constant workplace hostility, and can I survive them all?

For Federal employees and U.S. Postal workers who have come to a crossroads of sorts, where the medical condition, the inability to perform all of the essential elements of one’s positional duties, and the pressure that can no longer be withstood with the coalescence of such onerous burdens, preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the first step in resolving the repetition of a horrendous culture of dismay.

Life is never perfect, but when a problem which appears persistent and chronic will not simply go away because being a first responder is not the right solution to the difficulty, then the Federal or Postal employee must consider the factors that underlie the problems which constitute the principles inherent, and move forward with pragmatic steps towards a brighter future for tomorrow.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Avoiding the repetitive in a narrative

Why do we believe that adding the repetition of words, especially adverbs, will create a compelling narrative?  If you ascribe an adjective to an object, then ad an adverb – say, “very” – does repeating and inserting another magnify the significance of the narrative itself, or detract by placing a grammatical marker by bringing attention that the very necessity of the addition undermines the efficacy of the noun to which all of the additions point to, in the first place?  May not the noun itself stand on its own two feet, so to speak; or, at least with the supportive crutches of an adjective?

If a person posits that things are “very bad”, does the person responding who adds, “No, things are very, very bad” contribute to the discourse in that singular addition?  And what of the third in the discussion, who says, “Yes, I must agree, things are very, very, very bad”?  And what if a fourth person – unassuming and generally unemotional, who puts a sense of finality to the entire conversation by declaring:  “No, you are all right.  Things are bad.”  Did the last statement without the adverb and the repetition of additional tautological ringers, say anything less in the utterance, and conversely, did the third contributor add anything more to the discourse?

Often enough in life, that which we believe we are enhancing, we are merely detracting from in the very repetition of discourse.  It is like a signal or a marker; the red flag that arises suspicion is sometimes waved through the unintentional attempt to bring about attention through repetitive enhancement, and it is often the noun with the singular adjective that evinces the quietude of force in grammatical parlay.  Pain, anguish and medical conditions often seek to descriptively reveal through unnecessary repetition.

For the Federal employee and U.S. Postal worker who is working on preparing an effective Federal Disability Retirement application, to be submitted through one’s own agency or the H.R. Shared Services Center (for Postal employees) in Greensboro, N.C. (if the Federal or Postal employee is still with the Federal Agency, or not yet separated for more than 31 days), preparing adequate and sufficient responses on SF 3112A, Applicant’s Statement of Disability, must be embraced with care, fortitude, forthrightness and deliberation of factual, medical, legal and personal weaving of a compelling narrative.

Inclusion of too many adverbs may be a distraction; meanderings of thought and unnecessary information will undermine the entirety of the construct; and while the linguistic tool of repetition can be effective and compelling, too much of a “good thing” may undermine the singularity of a narrative’s natural soul.

In the end, the Statement of Disability prepared by a Federal or Postal Disability Retirement applicant should be a compelling narrative delineating a discourse of bridging the nexus between medical condition and one’s positional duties.  It should be descriptive.  It should be very descriptive.  It should be very, very descriptive.  It should also include the descriptive, the legal and the personal, just not very, very, very so.

Sincerely,

Robert R. McGill, Esquire

 

 

FERS & CSRS Disability Retirement: Coordinating the efforts

The amazement of tandem coordination is discovered in various corners of Nature – of tentacles of an octopus seemingly working without the complexity of entanglement; of an eagle’s capture in mid-flight of its prey, where the claws and wings attack and devour with perfect harmony; and in modernity, the capacity and ability to “multi-task”, as the parlance of efficiency has been noted.

The human animal is a formidable creature – perhaps not the best at any one thing (speed is set by the Cheetah; endurance, in the Wolf’s persistence; but of competence in all areas, the two-legged, vertical organism sets the standard for excellence), but able to compensate for deficiencies by exerting acceptable levels of efficiency in many.

However, we often confuse the ability and capacity to multi-task with the presentation of an objective, impervious world of multiple data bombarding simultaneously.  Thus, the fact that the tentacles of an octopus may seemingly work in coordinated fashion in swimming and engulfing does not mean that if a dozen marbles were thrown at it in a single shot, that it would be able to respond appropriately.  Similarly, speed in short bursts may be impressive, but it may not translate into an ability to adapt if objective conditions require greater endurance for quantitative calibration of speed.

There is a limit and a ceiling for tolerance in performing feats, and for the human animal, the mere fact of showing minimal competence in some forms of multi-tasking, does not necessarily convert well when the necessity arises to coordinate complex issues which are further impeded by a medical condition of an impactful nature.

Thus, for Federal employees and U.S. Postal workers who need to file for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the fallacy often arises that, because one has been capable in an administrative or executive capacity, one may be able to coordinate the efforts for one’s self in preparing, formulating and filing an effective Federal Disability Retirement application.

Bridging the nexus between the medical condition and the essential elements of one’s positional duties; conforming to “the law” in formulating one’s Statement of Disability on SF 3112A; of obtaining the proper medical documentation that will meet the standards of the compendium of legal opinions issued by the U.S. Merit Systems Protection Board – these, and many others, must be taken into account when preparing an effective OPM Disability Retirement application.

And, like the hunter in past lives who suddenly becomes winded, becoming the hunted is not where the Federal Disability Retirement applicant wants to be when coordinating the efforts in preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: Leaving that legacy behind

We hear about it from ‘high-end achievers’; and every President now builds large temples to themselves, like some Greek gods with immortal canopies and call them “libraries” for the common minion to think that it is like those warm and fuzzy buildings we once visited in order to escape the ravages of our sordid childhoods.

Perhaps it is the realization of that which has come back to haunt us:  Darwinism, pure materialism, and the abandonment of faith in hobbits, gnomes and angels from beyond, that leaves us with the stark nakedness of our own mortality, and the need to fulfill that vacancy by building lasting memorials that only crumble with the decadence of time.

The traditional definition connoted a lasting gift by an ancestor, where history, lineage and human relationships provided a context of meaningful inheritance, and not merely as a tombstone to admire.  The wider, secondary meaning refers to any accomplishment or lasting residue of one’s self constructed to remain beyond a temporal season, or until that next great ego tears it down and replaces it with an image made in a reflecting pool of self-aggrandizement.

We all have a desire and a need to leave a legacy; whether a memento gifted through countless generations, or a memory of multi-generational gatherings for an adventure, a once-in-a-lifetime trip, and perhaps nothing more than some pearls of wisdom handed down from a rocking chair worn by the vanished paint on the floorboards of time.

Even then; as value is rarely attached to memories invoked, people either hock the wares on eBay or the local pawn shop, and convert it into cash, where the societal glee for power is defined by paying bills and possessing goods.  Do people inscribe books and hand them down as a legacy left behind?  Or have they been replaced with electronic tablets and kindle versions where even the monks of Tibet answer to the melody of a smartphone?

Legacies are overvalued, or so we are told; and those who leave them for others to judge, never stick around to witness the lasting or temporal effects of residual emotional consequences.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition “forces” one to cut short one’s career and vocation by preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is the pull that holds one back and makes one pause, an artificial and wholly unfounded sense that one hasn’t “completed the mission” and the legacy that would be left is not quite up to par?

Such thoughts invoke a false sense of values.  For, in the end, it is one’s health that should be of paramount concern, and not what is left behind.

In Federal agencies and U.S. Postal facilities all across the country, that legacy left behind is often nothing more than the shattered lives who clung too long and waited beyond the point of medical necessity, when in fact the true legacy to leave behind is a focus upon one’s health in order to move forward into the next phase of one’s life.

Sincerely,

Robert R. McGill, Attorney

 

OPM Medical Retirement: The dynamic duo and the perfect tandem

There are times when life “clicks”; the mistake is made to gaze at one’s navel at such times of apparent perfection, and to try and capture that something in a bottle and attempt a reenactment and regurgitation of that which works, when the reality is that it is merely a fortunate day to be experienced and enjoyed, like the perfect alignment of the planets in macrocosmic reflection upon a molecular structure of abiding mystery.

Batman and Robin represented the former; without words (except in comic-like expressions in the black-and-white version of the television series) and with the ability of almost telepathic-like eeriness, the dynamic duo could battle the forces of evil and protect the unfortunate city of Gotham with nary a wink, a word or a nod.

As for the latter, the team of coordinated bicyclists or the almost mechanized capacity of the coxed eight displaying the repetition of the anatomy of rowing that is all-important for consistency in order to gain the maximum leverage from each rower, as the “catch” and the “extraction” are engaged in a constancy of monotonous display in ballet-like fluidity.

The perfect tandem is a rare achievement; like the Unmoved Mover in Aristotle’s Metaphysics, we can only strive towards that perfection, without ever touching and glancing it.  Can it be reenacted and repeated by sheer will?  That would presume much – as if the arrogance of our own self-knowledge could replace the ignorance displayed in our everyday lives.  But as life does not come with a recipe to follow, that dynamism in duality and the penultimate construct of fluid coordination cannot be reconstructed, if merely because we never own the fullness of knowledge that Being never completely reveals.

For Federal employees and U.S. Postal workers, the “dynamic duo” and the “perfect tandem” was often the coordination of one’s career and the accolades received in the very competence of work.  Work balanced one’s personal life in allowing for a sense of achievement to be had; and one’s personal life was enriched in the very mission being accomplished.

Then, along comes a medical condition, such that the medical condition itself became the interruptive and disruptive force; and, suddenly, the dynamic duo and the perfect tandem no long was, or is – depending upon what the meaning of “is” is (sorry, could not refrain from the obvious reference).  When that dynamic duo is fractured, or the perfect tandem disrupted, it is time to rethink a different paradigmatic foundation.

Filing for Federal Disability Retirement benefits, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, is just such a remedy.  For, once the dynamism of duality is severed, or the perfections of a tandem diminished, it is a loss which can rarely be recapture, and thus it is the perfect time and place in one’s life to consider preparing, formulating and filing an effective Federal Disability Retirement application, to be filed (ultimately) with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire