OPM Disability Retirement Benefits: Sunshine, briefly

Life is mostly dark clouds, with a ray of sunshine briefly upon a small patch of wet grass.  Yes, yes – such a perspective is a mirror reflection of the conflict between the “half-full” versus “half-empty” outlook; but is it helpful for young people to posit a world view, a paradigm or, in the philosophical realm of ivory towers, that king of all royalties in linguistic sophistication that is dropped nonchalantly to impress and raise eyebrows –  Weltanschauung (since when did a German word rise to the level and replace Latin phrases, when one can barely clear one’s throat in enunciating such concepts?) – when reality doesn’t quite parallel such a fairytale ga-ga-land of fantasy reserved for bedtime stories and dream-filled comforts?

Do we not restrain children from engaging strangers?  Do we not warn of criminals, conmen and conspirators and step cautiously into dark alleys and isolated parks in twilight’s eyesight because the world lurks with malevolent intentions and evil thoughts?

There is no questions, of course, that there are periods of respite; of sunshine, briefly, by rays of telescopic precision warming for a time, before the inevitable clouds rub out the finite orientation of a limited gap emitting brightness of hope.  Is balance the stain of righteousness, and if so, where on the spectrum of both extremes does one draw the line of correctness, and is there a singularly myopic perspective where no other can claim moral equivalency?

Cynicism is attributable to the extreme of the “dark clouds” perspective, and naïve idealism to the other end of limitless sunshine; and somewhere in the middle is where reality protrudes into the conceptual realms of unease:  daily living, the encounters with meanness, harassment and unmitigated callousness that must endure the diminishing dereliction of youth’s untarnished cavity of hope.

It is, in the end, that ray of sunshine, however brief, that we live for, even if it only comes about once in a proverbial blue moon.  It is likened to the 80/20 rule:  Eighty percent of people you meet are not worthy of your time; it is the other 20% that you hope to encounter and engage; the identical proportion applies with work – much of it is monotonous and mindless repetition; it is for that remaining sliver that you do the treadmill stuff in order to apply the relishing technicality of challenging concerns.

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 idea of life’s sunshine, however briefly, is precisely the point, isn’t it?

The medical condition that shortens one’s promising career is but the dark clouds which have gathered and overcast upon your life, career and ability and capacity to enjoy; Federal Disability Retirement – thought as “negative” in the sense that it replaces that which you worked so hard to attain – is that sunshine, briefly, so that you can go out with an annuity, a semblance of security, and focus upon the priorities of life:  Health, family, friends and tranquility.

Now, if that is not sunshine, however briefly, no one can fathom what is.

Sincerely,

Robert R. McGill, Esquire

 

 

Federal Disability Retirement: The Alliteration of Life

Cathartic calamities caused creatively cannot cooperatively contain characteristic contents clearly coordinated contumaciously.  Sometimes, the insistence upon form can result in the nonsensical loss of clarity in substance; life often reflects the absurdities we establish by convention and societal imposition, and we pay the price for it.

Life is like being a letter in a series of alliterative words; we are helpless in being attached, but cannot dissociate ourselves, separate one’s self, or otherwise excise the offending aspect.  We are forever wedded like the proverbial two peas in a pod, with an incessant but futile search for a seam to burst out.  The problem, too, is that it may all sound proper and profound; but beneath the surface of consonant melodies and mellifluous motions of letters harkening back with pleasantries of sound, sight and solace, the reality of it is that the emperor with no clothes needs to be called out, lest the closeted secrets remain dormant.

Medical conditions tend to make of life an alliteration of sorts; squeezed between the implanted word in front and crushed by the one behind, we are left without choices in being a pawn in the cycle of life’s fate.  Like the word that sounds melodious as it rolls off the tongue of the creator, we keep trying to fit in despite the absurdity of the substance and content.

For Federal employees and U.S. Postal workers, such a metaphor of life is well-known.  Despite being stripped of dignity and design, the Federal or Postal worker suffering from a medical condition is treated as half-human, half-worth and half-baked.  They are relegated to the corner office, the basement of windowless reserves, and raked over the proverbial coals to perform menial tasks meant to humiliate and defeat.  But it all “sounds nice” — the courageous attempts by the agency to accommodate; the superficial empathy shown by supervisors and managers; it is all meant to soothe.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is often seen as just another daunting task, an obstacle placed in front of the already-stretched limits of the Federal or Postal employee; but then, what choices are there?

Like the alliterative words caught between others just because of the consonant attached, the Federal or Postal worker with a medical condition represents the alliteration of life, and preparing, formulating and filing for Federal Disability Retirement benefits, whether one is under FERS, CSRS or CSRS Offset, is merely another reflection in the pond of life, provided productively as previous payment portending possible potentialities progressively purchased.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement: Systemic Problems

When the residual impact of a crisis goes well beyond cosmetic concerns, the usual and customary description is that the “cause” involves “systemic” problems.  Such foundational fissures can occur both in organizations, as well as in individuals.

For Federal agencies, it may require a need for new leadership, or a restructuring of internal chains of command, and sometimes even outside intervention.  More often than not, a call for greater funding is demanded; then, once approved, we walk away as if the problem has been fixed, until the next crisis calls our attention.

For individuals, the systemic problems can involve a medical condition.  Symptoms are normally mere warning signs portending of greater dangers; like organizational eruptions of systemic concerns, individual crisis of systemic proportions often result from neglect, procrastination and deliberate avoidance of the issue.  But medical problems have a tendency and nature of not going away; they are stubborn invaders, like the hordes of barbarians from epochs past, who keep whittling away at the weakest points of an individual’s immune system.  Then, when the medical condition progressively deteriorates until the spectrum of symptoms exceeds a threshold of toleration, suddenly, a crisis develops.

For the Federal employee and the U.S. Postal worker who has reached that point, where the symptoms are no longer superficial, but prevent one from performing one or more of the essential elements of one’s Federal or Postal job, then it is time to begin 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, time is of the essence, as the administrative process must meander its way through a complex system of bureaucratic morass, and the timeline is often of importance in securing the future of a Federal or Postal employee.

Preparing, formulating and filing for Federal Disability Retirement benefits through OPM is an arduous, lengthy task, and one which is a tool against a systemic problem; for, in the end, the best fight against an invading army is to utilize the elements of the marauders themselves, and this is true in medicine, in law, as well as in individual and organizational restructuring.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Comparative Living

We all engage in it; it is the genre of modernity by which one values and estimates.  With the shrinking world through sharing of information in this technological age, the greater minds have proposed that poverty can be erased and world hunger can be eradicated.  But in the reality of the microcosmic world of daily living, it has allowed everyone to peer into the living rooms of all, and in the process, the heightened camaraderie through shared information has become exponentially magnified.

There are positives for every change; but then, the negatives quickly follow.  Comparative living results in having a rigid sense that a linear form of life must be embraced, at all times, in all circumstances, and anything out of the ordinary constitutes failure of the first order.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition impedes and interrupts the planned flow of one’s life, and where the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s job, consideration must be given to a changed life outside of the realm of comparative living.

Federal Disability Retirement is a benefit which allows for the essence of that which is most important:  focus upon treatment of the medical condition; prioritizing of that which is of the greatest impact:  health, life, and securing one’s future.  What other people do; how others think; where others are going; they all become comparatively of little worth.

For the Federal employee and the U.S. Postal worker who suffers from a medical condition, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management must be the focal point in securing one’s future, and any comparison of one’s life to others who continue on with their linear goals in a world consumed with measuring worth against everyone else, must be cast aside to secure the reality of a present need.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Making the Legal Argument

Legal arguments are merely a subset of ordinary ones; as variations of the facetious quip goes, if the facts are not on the lawyer’s side, then he will argue the law; if the law is not, he will argue the facts; if neither, then he will attempt to confound and obfuscate both.

By sequence of logical argumentation, it is self-evident that “facts” must be the first order of presentation; then, persuasive discussions concerning those facts, forming and molding a given perspective (for there is surely a distinction to be made between that which “is” and that which “is seen” by a particular individual, bringing in the subjective component of interpretation and conveyance of information); and only after the facts have bespoken should persuasive efforts follow; and then, the legal argument to be made.

Thereafter, the question of how aggressive a legal argument; of pounding like a hammer, or the subtle tap of the constant but insistent drumbeat, guiding the listener with a roadmap as to why a decision should be made pursuant to persuasive force, or threats of further legal action.

For the Federal and Postal worker who is trying to have a Federal Disability Retirement application approved, the art of persuasion, the effective use of legal argumentation, and the delineation of factual roadmaps must be coordinated with the utmost of care.  Administrative processes are often replete with frustrating procedures to follow, and it is a dangerous endeavor to allow for one’s frustration to erupt when dealing with a bureaucracy which is rarely responsive, and normally unaffected by the most dire of circumstances.

Thus, in sequence of logical argumentation: The facts as portrayed in as objective a manner as possible; the interpretation of the facts, such that the subjective perspective is insightfully applied, but without the overuse of the “I’ or “me”; argumentation; then, and only then, the applicability of the law.

Federal Disability Retirement is a benefit offered to all Federal and Postal employees who meet the minimum eligibility requirements of time in Federal Service, age and a level of medical evidence which must be carefully and thoughtfully presented.

As such, for the Federal or Postal worker who intends on filing for the benefit of OPM Disability Retirement, whether under FERS, CSRS or CSRS-Offset, the art of factual and legal argumentation must be presented with persuasive force, often like the slow dripping of an unconstrained faucet, as opposed to the break of a dam.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Reconsiderations & Additional Medical Information

The denial comes in the mail; it is a further delay, a negation of prior efforts; for many, it undermines and constitutes a condemnation of sorts, and a refusal of an affirmation sought in places and from people where none is offered.  It is, after all, another piece of correspondence which negates the negative:  the medical condition itself and the loss of one’s ability to perform one or more of the essential elements of one’s job, represented the first foundation of negation; now, a denial from the U.S. Office of Personnel Management merely confirms, via a second negation, the loss of positive forces inherent in failure and Federal bureaucracies.

But all things in life must be kept in their proper perspective, and a reaction of disproportionate magnitude must be kept in check; life is often a series of mishaps; yes, it just seems that such unfortunate events happen to certain individuals, and as the old adage goes, when it rains, it pours.  Once the initial shock of the denial is withstood, then the trepidation and cautious perusal, followed by an obsessively careful scrutiny, of the reasons for the denial issued by the U.S. Office of Personnel Management, is engaged; but the futility of such efforts will become apparent.

The monotony and disinterested voice behind the volume of verbiage and almost bellicose verbosity becomes more than apparent: either the administrative specialist at the U.S. Office of Personnel Management did not read the medical file or, more likely, selectively chose to extrapolate statements and findings out of context in order to justify the denial of one’s Federal Disability Retirement application.

At this Second Stage of the process of trying to obtain Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal employee is under FERS or CSRS, it matters not what the words say with respect to the denial issued by OPM; the file is immediately transferred to a general, unassigned file, awaiting further instructions from the person to whom the denial has been issued:  if left unanswered, the file will disappear within the cauldrons of bureaucratic warehouses; if a Request for Reconsideration is timely filed, then it will ultimately be assigned to someone in the Reconsideration Division at OPM; but, in either case, it is no longer the responsibility of the OPM representative who issued the denial, and no amount of phone calls, venting or sending of additional information to that person will make a whit of difference, until (a) the Request for Reconsideration is timely filed, and (b) the Federal or Postal employee addresses some of the concerns brought up in the denial itself.

The Reconsideration process itself is fraught with dangers and potential pitfalls; it confirms that perhaps the Federal or Postal employee should have sought the advice, counsel and guidance of an attorney who specializes in Federal Disability Retirement law, but moreover, as most mistakes are correctable, it may be a wise avenue of choice to seek legal assistance, finally.

In any event, time factors must be considered, and the time lost today by extension of a denial, further confirms the oldest adage of all, that being penny wise is to be pound foolish,  a saying that is often attributed to Benjamin Franklin, but can be traced to those earlier.

Sincerely,

Robert R. McGill, Esquire