OPM Retirement for Mental or Physical Incapacity: The human drama

There are other dramas, of course — of lions and similar predators; of insects beneath leaves dripping in the steam of rainforests deep within the jungles of equatorial regions rarely visited; of dogs chasing cats and cats chasing mice; of rabbits scurrying to avoid the claws of a hawk or an eagle; and then, of the human drama encompassing life, living, pain, sorrow, happiness, joy, hope and failure, all bundled up into communities where strangers walk about with smiles no longer reflecting joy or a frown implying sadness, but just an empty stage echoing from the scene that was acted out the day before.

The human drama is distinct and distinguishable from other species’ discourses of acting that may embrace the spectrum of emotions, for it is played out not merely by facial expressions, roaring of voices or whimpering of cries, but through the medium of language.  Language is the manner in which the drama is played, viewed, acted and depicted; and that makes for all of the difference in the world.  It is, as Shakespeare’s character surmised, as if all the world is a stage where each bit plays his or her part; and it is by language alone that the human drama is played.

What entrance fee is charged; how much we are willing to pay in order to witness the playing out of a specific act or drama unfolding; and in what private living rooms or bedrooms we would select for a premier viewing, we all have our preferences.  What is comprised of in other species’ dramas, perhaps we will never know, and care not about; for it is the peculiarity of the intra-species comity of needs, wants, desires and clung-to hopes for the future that link us all within the drama of the human kind.

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 Federal or Postal job, the human drama has been magnified by the pain and anxiety compounded by the medical condition itself — of the daily fight against the pain or inner anguish; of the increasing pressures at work, complicated by threats of adverse actions, placing you or threatening to put you on a PIP; of possible termination looming on the horizon; and all the while, the struggle to maintain your health and equilibrium.

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, is an option that should be considered by all Federal and Postal employees who suffer from a medical condition where the medical condition is preventing the Federal or Postal employee from performing all of the essential elements of the Federal or Postal job, to be filed with the U.S. Office of Personnel Management; and however one views the unfolding drama of the next scene or act, consulting with an experienced attorney who specializes in preparing, formulating and filing for Federal Disability Retirement benefits for Federal and Postal employees may be the best way of beginning the next Act of that human drama called “life beyond a Federal or Postal job”.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Predictability

Is it all mere statistical probability?  Or, can there be a fair amount of certainty in the “science” of predictability?  Is the weather an event that can be predicted, and if so, do past failures enter into the equation; or, if not, why is it that the vicissitudes of nature cannot be so easily anticipated or foreseen?  How is it that we predict predictability?  Does it come about by numerical analysis, or by experience?

If you talk theoretically about the chances of a person being attacked by a shark if you go swimming in this or that ocean, doesn’t it depend upon a multitude of additional factors, as in: Where are you swimming (if in the arctic seas of the upper northern hemisphere, isn’t that a factor to consider as opposed to, say, off of the coast of Australia or in Florida?); the time of day; and perhaps certain peculiar behavioral features, as in splashing vigorously as opposed to swimming with slow, silent strokes, etc.?

Such factors might be important to consider.

Then, consider that, during the course of a conversation on such statistical relevance, a one-legged man (or woman) walks in upon the conversation and says, “Oh, yes, I lost my leg in a shark attack”.  Would that change the statistical analysis?  Wouldn’t the probability for that particular person be 100%, inasmuch as he/she experienced the event and is speaking post-actualization?

Do acts which enhance the probability of an event simultaneously diminish the chances of failure, or are they dissimilar acts that travel on a parallel but never-intersecting course?  Can all events subject to predictability base such anticipatory analysis upon a statistical study, or are some events able to be accurately foreseen based upon intuition, the supernatural or some other transcendent other-worldly criterion?

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 the Federal or Postal position, the likelihood of needing to prepare, formulate and file an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, increases with each passing day.

Medical conditions that remain for an extended period of time tend to not go away; instead, chronicity is an indicator in and of itself, and if a degenerative, progressively debilitating condition, the factors that need to be entertained concerning the predictability of future events yet to unfold can be accurately foreseen.  The key, then, is to enhance the statistical probabilities of surrounding factors, such as:  What are the key components necessary in meeting the criteria for Federal Disability Retirement?  Will hiring an attorney who specializes in the field of OPM Disability Retirement significantly enhance my chances of success?  What are the criteria for predictability of a positive outcome?

These and other questions should be asked and answered when seeking the advice and counsel of an attorney who specializes in Federal Disability Retirement Law, so that the murky field of predictability can be somewhat clarified with the wisdom of past experiences.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Claims: The race that wasn’t

Does it often seem as if one is in the middle of the race, but that all of the rules have been abandoned by all other participants except the one that keeps struggling — you?

The term itself has had a long history of proverbial applications and overused metaphorical usages — of the “race” against time; the “race of life”; of marathon runners, sprinters and the various specialists in the metered world of measured distances.  It is the race that wasn’t that is the one forgotten, however; of the false starts, the disqualifications, the one’s discovered to have used illegal steroids, and the villains who cut across back trails when no one was looking in order to save an extra couple of miles from being detected.

Most races are unfair; they are stacked against one from the very beginning, and the end result is almost always predetermined in one fashion or another.  Is a race that is predetermined as to the outcome of individuals to reach the finish line, truly a race at all?  Do any of us ever enter a “race”, actual, metaphorical or otherwise, and say: Well, I know I am not going to win because the rules won’t allow it, but I am going to run, anyway?

Of course, one may not have a choice in the matter; and, in that case, when the whistle is blown, the flag is brought down or the blank round of the gunshot is fired, one begins to trudge along and try one’s best.  That is how one feels when a medical condition begins to creep upon a person’s health — of the slow, insidious deterioration, where the generality of “life’s unfairness” begins to dawn upon the consciousness of one’s livelihood.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent, impede, interrupt or otherwise diminish the ability and capacity to perform all of the essential elements of one’s Federal or Postal job, it may be time to reconsider the “rules of the race”, as the metaphor is often applied, and begin to prepare, formulate and file 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.

As with all government bureaucracies, the U.S. Office of Personnel Management applies the “rules of the race”, and in order to qualify for the race that wasn’t, you will likely need to consult an attorney who knows all of the relevant rules of the race, including the start time, the length of the process, and what needs to be done in order to reach the finish line.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement from OPM: Feelings

There are appropriate contexts within which to consider them, as well as places, insertions, events and conversational modalities where it is partly or entirely irrelevant; but as with most things in life, the boundaries that bifurcate are not always clear and distinct.  When one is considering purely subjective circumstances, it is clearly the “appropriate” moment — of personal relationships; of a vacation to be taken; of emotions being considered.

In a court of law, it is probably not the best approach to take with a judge; although, in the sentencing phase or the “damages” argument to be made to a jury, it may be the singular force of persuasive impact that makes not only the distinction unclear, but the decision quite the decisive edge.

“Feelings” are to be reserved for puppies, late nights in bed with a fever, and how the toes tickle when lying on a grassy knoll in the middle of summer when the lone ant walks along the pathway of your bare skin.

Do we dare admit to them?  When you are in a heated argument, is it not an oxymoron to shout, “Feelings don’t have anything to do with it!”  For, what is the criteria to be applied when making a decision based upon them?  Does the spectrum of emotions never cloud one’s judgment?  Or can we, as we often claim, set them aside so easily, like so many automatons in those doomsday movies that have become popularized, where androids and mechanized juggernauts that have taken over the earth and tried to suppress humanity are now the very beings whom we always wanted to emulate?

And what of the French Existentialists and the horror of reaction to that old favorite, “Invasion of the body snatchers” — what was it that made it so fascinating, where beings were stripped of their souls and emotions were all of a sudden undone, extinguished and no longer relevant, where bodies devoid of feelings walked about the earth like so many empty tombs?

Feelings are funny animals; they make up so much of who we are, and yet we spend a lifetime trying to avoid the very essence of that which makes up who we are.

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 the Federal or Postal job, the anomaly concerning “feelings” becomes quickly apparent: for, confronted with having to prepare an effective Federal Disability Retirement application before an administrative body — the U.S. Office of Personnel Management — you are asked to remain “clinical” and antiseptic in the face of “proving” the medical evidence by the cold calculus of “the law”, and yet at the same time you are trying to convey your “feelings” with respect to the impact of the pain, the anguish of anxiety or the daily levels of profound fatigue felt.

It is a tightrope, balancing act that must be done with expertise, subtle techniques and an interspersing of line-crossing deftly engaged. Completing the SF 3112A, Applicant’s Statement of Disability, is the single most important form in preparing a Federal Disability Retirement application, aside from gathering the proper medical documentation and making the persuasive legal argumentation.

For, in the end, that lifetime of trying to suppress those “feelings” must be utilized carefully, yet at the same time you have to be persuasive enough to touch upon the emotional makeup of a fellow human being who, also, likely has had to suppress those same feelings in order to apply “the law”.  Go figure.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The period in-between

It is the squeeze that we abhor, the suspension of life during that time.  Like the craven soul that is relegated to purgatory or the mass murderer that must await the culmination of the sentence imposed, it is the period in-between that is wasted because we are frozen in time by the certainty of the past already ensconced and the future that is determined but yet to be fulfilled.  That is the rub, isn’t it?

The uncertainty; whether the future can be altered or modified; or has fate already made an irreversible decision and judgment?

When Scrooge encounters that ghostly apparition representing the future in Dickens’ classic tale, A Christmas Carol, isn’t that the question posed – whether the course of future events as foretold could be altered, modified, reversed or otherwise replaced?  But while we wait, what can be done?  For, in reality, it is too often thought that only the judgment rendered can then be worked upon, worked around or somehow accepted submissively as fated karma that cannot be countered.

Thus is that the reaction of Federal and 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 the Federal or Postal position – it becomes the period “in-between”.

It is the “in-between” doctor’s appointments to see whether there is any hope of getting better; “in-between” performance reviews to see if anyone at work has noticed; “in-between” temporary teleworking arrangements to see if the Federal Agency can extend the authorization; “in-between” surgery and recovery to see if you can go back to full duty; and on and on, “in-between” the crazy universe of a medical condition and a dying hope for a future withering on the vines of other’s expectations.

It is like being stuck in mud, frozen in time, watching as the impending future comes upon you.

However, there is an affirmative step that can be taken to begin the process of altering, modifying and changing the course of an expected future event – by preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

While filing a Federal Disability Retirement application may not be a solution to the medical condition itself, it is a step towards altering and modifying the course of future events that are controlled by the Federal Agency or the U.S. Postal Service, by accessing an employment benefit that recognizes that you can no longer perform the essential elements of your particular Federal or Postal job, but there may be other things in life that you may be able to pursue.

That is how the period in-between can better be embraced, by making sure that the future does not end with a definitive period at all, but merely by a comma that represents a brief pause.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: Admitting defeat

It is probably the single most difficult thing to do in life, and its inability reflects upon the abysmal state of education, both higher and lower.  The manner in which education is perpetuated – where “right answers” receive accolades and admitting of defeat merely alters the pecking order of who is admired and who are relegated to the detritus of human society – merely reinforces the greater loss of empathy, the destruction of civility and the coarsening of society.

Facebook, too, merely perpetuates the focus upon destroying an opponent and quieting any voices that may provide a quiet revolution, as alternate voices are silenced into submission by mere meanness of bombardment and repetition.  Some would applaud this all-too Darwinian approach as merely reinforcing the innate nature of “survival of the fittest” – for, admitting defeat is tantamount to revealing weakness, and the weak are mere fodder for the strong and stronger.

Whether in argumentation of discourse or fighting battles, wars – real or virtual – or verbal encounters characterized as harmless skirmishes on the Internet, it matters not anymore the manner in which one prevails, only that one does reach the apex of any endeavor, profession or undertaking.

Once upon a time, there were some rules of engagement – of a civil discourse where debates were conducted in quiet tones and respectful venues, and where humility called for admission of recognizing the greater argument which results in establishing the goal for the greater good.  Now, it matters not the means; for the end justifies the means and if you can shout down the opponent, lie about the facts and cheat around the strategy, it is the winner who is looked up to and the victor who walks away with the spoils.

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 positional duties, it may be that the best way to avoid admitting defeat is to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, but somehow one’s priorities have become skewered in this obsessive-world where admitting a medical condition is tantamount to admitting defeat, as opposed to merely recognizing the limits of human endurance and the frailty of the human condition.

Fortunately, the rules governing Federal Disability Retirement benefits allow for the Federal or Postal employee receiving Federal Disability Retirement benefits to go out into the private sector, or even into the state or local government, and work at another job or vocation and make up to 80% of what one’s Federal Government or Postal job currently pays, and thus, to that extent, obtaining a Federal Disability Retirement annuity is not considered admitting defeat, but merely a change of venue in the pathways of life’s complexities throughout.

Sincerely,

Robert R. McGill, Esquire