FERS & CSRS Disability Retirement: Force of laughter

Is language necessary for laughter to follow?  If so, what accounts for the slapstick comedy that erupts with uproarious belly-shaking guffaws that reverberate throughout?  What is the fine line between laughter and sorrow — of the man who slips and upends upon a slippery banana left unnoticed on the sidewalk, to realizing that the injuries are serious enough to land him in the emergency room; what divides the chasm between comedy and tragedy?  And of the force of laughter — can it be forced and, if so, does the force of laughter have the same effect as laughter naturally erupting?

Say you live in an Orwellian state — a totalitarian regime somewhat like the one prevailing in North Korea — and you stand beside “The Great One” who cracks a joke.  You do not find it funny, and nor does anyone else; but you laugh, anyway, because you are expected to laugh on pain of death.  Is there a difference between that laughter and the one that you cannot help because the punch-line is so deliciously delivered that self-control cannot be exercised even upon pain of death?

What if a contest were held — of “Who can tell the funniest joke” — and it is between a known comic and again, “The Great One”.  You are one of 3 judges on a panel, and you know that if “The Great One” does not win the contest, you will likely be sent to a Gulag on the next train the morning after.  First, the known comic does his or her routine for half an hour, and everyone “loses it” and laughs with abandonment.  Next, “The Great One” goes through his routine, and everyone laughs just as hard, if not harder.

Can one distinguish between the first half of the contest where everyone has “lost it”, and the second half where the laughter is louder, the rolling on the floor exceeded exaggerated enjoyment, and by all accounts, “The Great One” received the louder laughter?

The force of laughter always possesses that duality of a conundrum: Laughter can be forced, but the force of laughter may not have the same force if force is derived from the forcing of it.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition has in recent times denied one the genuine force of laughter, it may be time to consider preparing, formulating and filing for Federal Disability Retirement benefits, submitted ultimately to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Laughter can be infectious, but when a medical condition deflates and dissipates the quality of one’s life, one’s career, and the incongruence that can come between health and continuation in one’s job, filing an effective Federal Disability Retirement application may become a necessity.  When the force of laughter is robbed because of a medical condition that has become chronic and intractable, filing a Federal Disability Retirement application through OPM may be the best option left in order to avoid that hollow laughter that comes from laughing at a joke delivered by “The Great One”.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement from OPM: Departures

How one leaves is often important — not just subjectively, but encompassing consequences and reverberations unanticipated.  Consider the ultimate departure — of leaving a Will or not.  One might counter that, Well, what difference does it make; I won’t be there to witness what happens after I am gone; and, in any event, who cares if they fight over what little possessions I leave.  “I won’t be there, anyway.”  But your memories will; the memory of who you were and the aftertaste of a legacy left behind.

Then, there are the mundane departures — of the daily goodbyes to go to work; of leaving work to come home; of a trip on trains, planes and cars; or just a trip to the local store while that loyal dog awaits your arrival back home.

For Federal employees and U.S. Postal workers who are preparing to 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, the question of how a “departure” is characterized in the meantime may have some not-so-insignificant impact upon a Federal Disability Retirement application down the proverbial road.

Resignation may be necessary — say, in order to access one’s TSP in order to survive the lengthy administrative process of awaiting a decision by the U.S. Office of Personnel Management; or perhaps simply wanting a “clean break” before, during or after filing for Federal Disability Retirement benefits. Or, the departure may take the form of a termination or an administrative separation initiated by the Federal Agency or the U.S. Postal Service, in which case one may argue the Bruner Presumption in favor of one’s Federal Disability Retirement application.

These are all important and relevant considerations in preparing, formulating and filing an effective Federal Disability Retirement application, where departures —like one’s Last Will and Testament — may have some relevance in the fight which ensues in the aftermath of one’s absence.

Sincerely,

Robert R. McGill, Esquire

 

Civil Service Disability Retirement Benefits: Human activity

The dizzying pace of it all defies comprehension.  We are, indeed, busy-bees, always engaged in this project, that protest, intervening in the affairs of others when our own are in such a state of disarray; up at it early in the morning and continuing until exhaustion sets in or wayward dementia in old age where even nursing homes impose human activity every night – bingo, dance, meditation, Tai Chi, family visitation day; not even a break for the aged.

Then, when we see those documentary films in foreign lands, of men taking hours to untangle the fishing net in preparation for the next day’s work; of sitting with family members in gathering for a meal; and of mountainous monasteries where gardening for supplemental food sources is an act of reflective repose, we wonder if the lives we live – so full of human activity supposedly for a purposeful end – is the only, the best, or the pinnacle of options left for us?

Did we ever choose the quantification of human activity we engage in?  Did we, at some point in our lives, sit down and say, Yes, I will accept to do that, agree to embrace this, and refuse all others?  Or, did the incremental, subtle and always insidious wave of requests, obligations and pressure to perform just overtake us, until one day we wake up in the middle of the night and recognize that our time is not our own, the human activity is without purpose or conscious constructiveness, and the projects we think are so dear to us, merely destroy and debilitate the human spirit?  That is the alienation talked about by Camus and the French Existentialists, is it not?

Human activity cannot be so senseless or purposeless; it must be to build, to advance, to secure for the future; and yet, as we lay in the quietude of nightly sweats, it becomes evident that we perform it for means otherwise intended.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to alienate one’s sense of mission and purpose from that of the priority that should be recognized – one’s health and the ability to have joy in life – the contradiction and conundrum is in “letting go” of that which has been a part of our lives for so long:  The job, the career path, the sense of “belonging” to a community of people who believe in the mission of the agency or the U.S. Postal Service.

Like barnacles clinging to the underside of a ship’s belly, we grapple and travel through life without quite knowing why, where we are going, or for what purpose we originally attached ourselves.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS of CSRS Offset, is a way of:  A.  Recognizing the priority of health, B. Beginning the process of detaching ourselves as mere barnacles upon a ship’s underbelly, and C. Reflecting upon the course of one’s future.  Human activity is great and all – but it is the things we choose not to do that often define who we are in the hubbub of this mindless frenzy.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement Law: The Steps to Take

Life is often overwhelming enough.  Then, when a medical condition make its initial entrance, remains for more than a fortnight and begins to impede, curtail and prevent one from doing the things one has taken for granted –  the problem becomes more than just a nuisance, but a magnification and exponential exaggeration beyond that which was a burden to begin with:  another problem adding to a host of problems.  In life, we often know what needs to be done, and sometimes even the “how” in going about solving problems.  But the capacity to prioritize and organize, to sort a jumble into a linear coherency, and to gather the necessary components into a cogent whole, is often the problem that prevents one from moving forward.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the condition (or multiple medical conditions) begin to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal position, the normal sequence of events often take on the following incoherent pathway:  An inquiry is made with the Human Resource Department; two sets of Standard Forms are presented to the Federal or Postal employee (SF 3107 series; SF 3112 series); the Federal or Postal employee is told to read through them and “fill them out” and bring the entire sets back to the H.R. Office.  They will be there “to help”.

When such a development occurs, 2 issues immediately come to one’s attention, or should.  First, is there a sequence and methodology one should follow, that is better and more effective?  Second, if the Federal Disability Retirement application is submitted and denied at the initial stage of the process, will that same Human Resource Office or person be held accountable, and continue to “help” for the second and subsequent stages of the process?

The answer to the first question is an unequivocal “yes”; the answer to the second question is a bit more complex.  There are, indeed, many helpful H.R. offices and personnel.  The point of creating an H.R. Office is to guide, help and assist the employees of the agency or organization.  But filing a Federal Disability Retirement application is a different “animal” from most other processes.  Think about it; it is not like setting up an allotment from one’s pay, or changing the number of deductions for tax purposes.  No, it is a complex administrative process that, once out of the hands of the agency’s H.R. Office, is under the direct control of a separate agency – the U.S. Office of Personnel Management.

Further, filing a Federal Disability Retirement application, whether under FERS, CSRS or CSRS Offset, can become a contentious issue – once a denial is issued by OPM, and even a second denial at the Reconsideration Stage, then an appeal will need to be filed with the U.S. Merit Systems Protection Board within 30 days.  Then what?  Will the Human Resource Office that was so helpful, represent you there?

Every future holds a pathway for successful maneuvering, and yes, there are sequential steps to take in preparing, formulating and filing an effective Federal Disability Retirement application.  For that, a knowledgeable lawyer who is experienced in Federal Disability Retirement law can be helpful in guiding the Federal or Postal employee onto that pathway.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The New Year

Perhaps it is not merely an arbitrary demarcation, after all.  It is around the time when the winter solstice reaches its pinnacle, and the days become lengthier, the nights shorter.  The year following – the “new” year – begins its ascendancy, leaving behind the frigid desolation yet to endure.

And the excesses of behavior – of drinking, celebration and abandonment of all societal decorum and convention?  It is a way of expiating the pent-up constraints of self-discipline and customary resolve; a way to release the energy of social boundaries for a few hours, a fortnight, and a morning after without regret or remorse.

It is often said that, in psychology and therapeutic intervention, the “aha” moment of gestalt realization is less important than the long and enduring struggles which must be faced immediately thereafter.  We often put too much emphasis and relevance upon that proverbial encounter on the road to Damascus, when in fact it is the long and arduous path that follows which will determine the success or failure of one’s life.

Marking a moment in time as the “cut-off” point of a new beginning may be convenience for multi-variegated purposes; in the world of objective reality, however, the artificial lines will only serve us so far.

This new year will bring out contradictory perspectives; some, as often as not, will predict doom and the soothsayer’s gloom; others, in herds of blind followings, will enter the dawn with hopes unvanquished and dreams yet to be realized.  The rest of us, as always, will have to plod along and live our lives.

For Federal employees and U.S. Postal workers who must contend with 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 job, the artificial demarcation of “before” and “after”, and the insertion of the increase in the last digit from a 6 to a 7, will be marking an unnoticed blip in time.  That’s the thing about medical conditions; they cross cultures, time and even years.

When the medical condition becomes magnified to a point in 2017 where essential elements of the Federal or Postal job one is working in becomes impeded or otherwise unable to be performed, then the significance of the contrast as against the previous year becomes unmistakable, and the Federal or Postal employee may want to consider preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

In the end, the “New” year is likely like the old one, and the one before that; only, our bodies deteriorate over time, and the uncaring behemoth of the federal agencies and the U.S. Postal Service may only become exponentially worsened.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirements: Focus away from ‘self’

The heightened problems emanating from a chronic medical condition cannot be quantified; as the medical issues themselves become exacerbated while attempting to work and engage in other “major life activities”, the pain, psychiatric debilitation and interruption of things once taken for granted, become all the more magnified and exponentially exaggerated in significance, relevance and focus of daily contention.  Or, to put it in more common parlance, it makes us grouchier as the day goes.

Federal Disability Retirement is a benefit offered for all FERS employees (and any in the older CSRS system who may still be around – a rarity, like dinosaurs and gnomes of past ages), and is meant as a progressive paradigm of inestimable worth.  Unlike other systems of compensation, it encourages the (former) Federal or Postal employee to seek employment in the private sector, because the generous allowance that the former Federal or Postal employee can make up to 80% of what one’s former salary currently pays, on top of the annuity itself, allows for “the system” to be a self-paying entity, because such individuals then pay taxes and contribute “back into” the very system which is being accessed.

The fact that it is such a thoughtful, progressive system is rare – for, government bureaucracies tend not to embrace an insightful program of wider application, but this is a case in point where the system “works”.

That being said, the Federal or Postal employee who continues to try and extend one’s career in the Federal sector or the U.S. Postal Service by “hoping” – and, do not misunderstand, for hope as an element of human focus for events yet to occur, is a good thing – that the medical condition will get better, and thus to delay initiating the complex process of preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, does so at the peril of self-focusing immolation.

The point of getting Federal Disability Retirement benefits is just that – to be able to attend to the medical condition itself; to attain restorative sleep; to not be embroiled in the vicious cycle of having to work at a job where one or more of the essential elements of one’s positional duties cannot be met because of the medical condition itself, and therefore a stark reminder, on a daily and sustained basis, upon one’s self, the limiting aspects of the medical condition, and the inability to escape the constant gravitational dissection of “me, myself and I”.  That’s the rub, isn’t it?

As you try and get better, those around you – supervisors, coworkers, etc. – begin to harass, criticize and compound the problem by redirecting your shortcomings resulting from the very medical conditions from which you are trying to get better.  Federal Disability Retirement is the next step in that process – where, once attained, the stress of focusing upon one’s self is relieved by being able to actually focus upon what is important:  one’s health, and the pathway to a secure future through getting approved for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire