OPM Disability Retirement Denial: The Middle Stage

It is like those siblings who are “in between”; of caught in relevance and significance by being squeezed on the one side by the “giant first one”, and on the other side by an even greater presence; and, somehow, the middle stage is lost and forgotten.  Is that how life itself is viewed, as well?  Of being cooed and oohed over the baby-years, and then forgotten once the younger sister comes into the family; or of being cast aside by children in their teenage years, then suddenly realizing that time lost can never be regained, but recognizing that one’s parents now are too old to appreciate?

Is that why the “Middle Ages” are viewed as irrelevant, stuck between the “Ancient Era” of the great Roman and Greek periods, and then suddenly skipped over into the Renaissance and into modernity?

The “Middle Stage” is like the Middle Age years — of being present but quickly fading; of being there but barely noticed; of shying away and fearing the next stage because the one before was so full of energy and the disappointment of the failures of the previous stage is merely a foresight into the fearful expectations of the next.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition now prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the “Middle Stage” is called the “Reconsideration Stage” of the administrative process.

The Reconsideration Stage is the stage where the Federal or Postal Disability Retirement application has been denied at the Initial Stage, and it is the Stage before the Third Stage — an appeal to the U.S.Merit Systems Protection Board.  It is not a stage to be “overlooked” — as some inevitability of a further denial — but one which provides for an opportunity to enhance and add to one’s Federal Disability Retirement application by providing additional medical and other documentation in order to obtain an approval from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

If the applicant decided to forego consulting with an attorney at the Initial Stage of the Federal Disability Retirement process, then it is a good time to consider contacting an attorney at the “Middle Stage” — the Reconsideration Stage of the process — to discuss the next and crucial steps in order to correct any past mistakes and affirmatively assert the proper legal basis in meeting the preponderance of the evidence criteria in your quest to obtain Federal Disability Retirement benefits from OPM.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: Chekhov’s gun

It is the ultimate principle of substantive minimalism, where extraneous and peripheral elements should be eradicated unless used, essential, or otherwise central to the narrative.  Teasing merely for the sake of itself is denied; a serious venture if always pursued, and open honesty with the audience forever relied upon.  Chekhov disdained and avoided the superfluous; his short stories and other works were paradigms of linguistic economy, where words were valued and cherished, without room left for an unused element.

Compare that to modernity; of Franzen and works where volumes are spoken to merely illustrate a simple point contrary to Ockham’s razor.  The “gun”, as the metaphor of utility or otherwise, first introduced in the first chapter or Scene I of a play, must by a few chapters hence or a scene or two later, be fired, pointed or struggled over; otherwise, never introduce it in the first place.  And of the razor of rational argumentation, the lex parsimoniae of scientific observation, let not human complexity and self-delusions of grandeur in constructing untenable principles of convoluted thought-processes cloud the simplicity of nature’s design; for, in the end, it is in the simple that complexity finds its apex, and of the complex, where simpletons gather.

In the end, economy of words allows for room of thought and invitations of acceptance; it is only in the crowded gallows of condemned men where cries for space echo into the chambers of unheard cries.

For Federal employees and U.S. Postal workers who are in the 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 principle of Chekhov’s gun, or its correlative paradigm of linguistic economy, Ockham’s razor, should always be applied:  Keep to the centrality of one’s narrative, and never allow the teasing of an unloaded gun direct the masthead of a sinking ship to tip too perilously towards the unforgiving winds of want and self-importance.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Social Contract Theory

In modernity, what is the “Social Contract”, and does it still hold any meaning?  Or, is the bundle of bureaucracy, the conflict between the competitive predatoriness of capitalism left to its own devices resulting in a cronyism of wealthy interconnections, as opposed to the growing girth of Federalism with a pittance and breadcrumbs left to State governments to fill in some minor gaps — does the aggregate of such entities, comprised of regulations, statutes, laws and a compendium of languages isolated in fine print, all together reflect the vestiges of the Social Contract we once revered as the awe-inspiring product of the Age of Enlightenment?

Would Rousseau, and to a lesser extent Hobbes, and further explained in Locke’s Treatise, represent anything of value, anymore?  Or are we left to our own devices, as Darwin proposed those many decades ago on the lapping shores of the Galapagos, where survivability is determined by genetic origin, environmental refinement, and ultimately the devices used in subterfuge when societal niceties require at least a surface semblance of genteel behavior?  In the end, the concept of a “Social Contract” means little if the basic legal constructs are not adhered to.

For Federal employees and U.S. Postal Workers, such legal constructs are represented by the cumulative promises made by the bureaucracy which employs them, comprised of statutes, regulations, executive orders and corollary mandates.  For Federal employees and U.S. Postal workers 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 positional duties, the idea of honoring the Social Contract becomes important, because part of that agreement is to fairly treat the Federal or Postal employee when the Federal or Postal employee is no longer able, because of a medical condition, to continue working in the same job.

Preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee is under FERS, CSRS or CSRS Offset, is each day a test as to the continuing resolution of the viability of the Social Contract.  While not every Federal or Postal employee may be automatically eligible for the benefits to be received through Federal Disability Retirement, it is the fairness of the process which is important, and whether a proper course of administrative protocols are followed and met throughout the entirety of the bureaucratic process.

In the end, those vestiges of that grand idea originating in the minds of philosophers — the highfalutin concept of a Social Contract — are only as good as the promises made and declarations kept in the things that impact the everyday lives of ordinary people, like those dedicated public servants who toil daily in the Federal Sector and the U.S. Postal Service.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: McKenna’s Pass

It was an old mining town, once boasting of a bustling main street, filled with commotion, commerce and conversation, where expectations of future success and advancement were brimming with hope and activity.  People said that it would always be the bellwether of the country; as McKenna’s Pass went, so goes the nation.

The origin of its name was somewhat in dispute.  Old Timers who harkened of past days of glory tried to inject their hoarse voices over the din of youth to get their two cents in, that the origination of the town’s name came from when the days of ore traders would pass through to cities of greater significance, and McKenna just happened to pause for a few days longer than most, and thus the designation.

Others of a more youthful persuasion attributed the misnomer and thought it concealed the darker side of the town’s council, where “Past” was grammatically mispronounced in their minds despite the prominent sign at the north entryway of the town; but then, who among those who live in a place ever notice the signs coming in?  Growth, future prospects and the promise of unceasing expectations would outpace even the greatest of cities.  “They’ll see,” was always the reply when doubts surfaced; always, there was a glint of mischief pervading, as if the “insiders” knew something beyond what the rest of the nation didn’t.

Somewhere along the line, something happened.  No one knows what, or how, or even when.  The first sign was the grocery store that closed; the owner’s wife suddenly died, and it was like the oxygen was sucked out of a vibrant life, and without warning an implosion left a devastation beyond repair.  Then, graffiti appeared; people never suspected the kids from their own neighborhoods, as the pride of McKenna’s Pass was beyond such acts of hooliganism.  Other towns and cities may have been ashamed of their residents and nefarious neighbors who engaged in untold acts in the dead of night; this town never had to look away, or so the thought was.  Then a gas explosion ripped through the Southwestern end of Main Street; rumors began to surface; the Town Council’s senior member resigned with charges of kickbacks.

Change was in the air; inevitably, future expectations once anticipated by youthful folly was butting heads with the reality of present circumstances.  People could smell the aroma of death or, if not such a dramatic and sudden cessation, certainly decay around the edges.

Medical conditions and changes in one’s future plans have a tendency to do just that.  For Federal employees and U.S. Postal workers who find that one’s invincible plans of latter years of youthful enthusiasm are now requiring the tinkering of repair and replacement, the view towards change can be merely a picture window needing an alteration of interior design.  Medical conditions can prompt the necessity for change; and while change is often difficult to accept and undertake, one cannot fight against those forces beyond one’s control.

When the Federal employee or the U.S. Postal worker begins to experience an inability to perform one or more of the essential elements of one’s positional duties in the Federal Sector or the U.S. Postal Service, it may be time to consider 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.

For, as the townspeople in McKenna’s Pass may have thought that the future would always be one of growth, advancement and greater achievement, the reality is that contraction often follows expansion, and the certitude that life never remains static is a truth where youth’s folly ignores the wisdom of ages, as the empty buildings and hollow passageways echoing of silent plans left unfulfilled reverberate through the once-promising days of a town we knew as “McKenna’s Pass”.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Jobs: Canards and Caustic Characters

Life is tough enough without having to deal with unfounded rumors, mongering of fears (the term “fear-mongering” is itself an interesting one, denoting a tradesman or merchant who specializes in the sale of specific goods, and thus implying a commerce of black-marketed ideas connoting instability, undesirable and shady commodities) and encounters with unpleasant invertebrates masking as human beings.

Canards float throughout workplaces like pheromones released and attracting species of a similar ilk, and suddenly the ravages of the herd mentality provoke a carnivorous feast of mauling and prey-stalking.  The “fix” is in, and you know it, and wait for it to come, like the inevitability of a season’s change and the waxing and waning of the crescent moon; only, when it is you as the bulls-eye target of caustic characters, the eternity of time in anticipation of the forthcoming tidal wave and onslaught of adversity seems like the slow travel of a singular teardrop down the dry gullies of a pock-marked surface.

For Federal employees and U.S. Postal workers who are in need of 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, that feeling of impending doom is familiar, close, and nevertheless unpleasant.

Agencies of the Federal kind (we speak not of State, County or Local ones, as this author has no knowledge of their characteristics and internal workings, although one may presume that, by stint of metaphor and symbolic comparison, there may be a kinship between and betwixt) and the U.S. Postal Service have a reputation to uphold, and the prevailing one always seems to involve canards and caustic characters, especially when it comes to treatment of fellow Federal and Postal employees with medical conditions, such that the medical conditions begin to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s positional duties.

When the time comes — and the inevitability of when and how the Federal agency or the U.S. Postal Service will conduct itself is never without a shade of doubt — as to the need for filing for OPM Disability Retirement benefits, hopefully the Federal and Postal employee will leave the scene of the crime and go on with life with an OPM annuity, with mere memories of fading glories, for this canards and caustic characters who are left behind to boil in the meanness of their own making.

Sincerely,

Robert R. McGill, Esquire