OPM Retirement for Mental or Physical Incapacity: Dreams quashed

It has a ring of finality to it, a tone of termination, a quake of unequivocal endings; to extinguish, to suppress or to stamp out; it is often used as an example of some authoritative juggernaut putting down and out a rebellion by some wayward bandits; and so when it is conjoined and combined with another word – one that denotes hope for the future, a flicker of light for something positive – that has a positive connotation, it becomes an oxymoron of sorts, or a compound concept that cancels out one another.

The first word allows for a future hope and anticipation of things yet to come; the second, a denial of the first, a negation of that which one lives for.  Dreams quashed is an admission of defeat where once victory was in hand; a resignation to the reality where warmth of hope yet remained; and a bowing to a reality where the subjective universe perhaps allowed for thoughts beyond that which the objective world would dictate.

The compound concept of dreams quashed, when applied to a young soul just starting out in life, is perhaps a tragedy; as one gets older and reaches towards the dusk of life, or of the old man in a rocking chair rocking the finals days of breath away into the sunset, perhaps less so.  Yet, for everyone, whether young, old or in-between, dreams constitute the fiber of life’s worth, the filament that connects between despair and a will to move forward.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent, impede and block the ability and capacity to perform all of the essential elements of the Federal or Postal position, the recognition that a career may be coming to an end, and anticipation of that “dream job” one finally obtained after college, and the realization that the camaraderie of working on a team, of having a unified purpose and a singular mission that always moved towards the future, to fulfill mini-dreams and projects that leaped into the beyond such that tomorrow was worth living and the next day was an anticipated victory of some proportions, perhaps microscopically relative to the greater universe, but nonetheless a platform that reflected upon one’s self-worth; these constitute those very “dreams” that appear to be in danger of being “quashed”.

Sometimes, however, the dreams of yesteryear need to be adjusted, such that it is not truly a quashing, but merely a modification.

Federal Disability Retirement is a recognition not of a dream quashed, but of a priority realized – that health is not always a given in life, and that which we took for granted was never to be freely accepted, but a gift received by a token of one’s sense of mortality.  Dreams quashed are merely hopes deceived, and preparing an effective Federal Disability Retirement application, whether the applicant is under FERS, CSRS or CSRS Offset, is to merely delay the inevitability of another dream revived but perhaps left forgotten in the rush to make a living.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation Federal Disability Retirement: Other worlds

We can imagine other worlds in which things are different; science fiction does it all the time, and even traditional literary fiction – though the differentiation between “science fiction” and “regular fiction” can often be lost in esoteric and academic ways – can depict other worlds not quite familiar, though recognizable enough to keep it apart from fantasy or that of the bizarre.

We can imagine, for instance, a world in which a pot of water sits upon a burning stove, but the pot never boils because the heat from the burner never transfers its element to the water; and so the isolation of each entity remains unmoved, as each fails to influence the other.  Or, that rain falls, but nothing gets wet.  What about people?  Of a persons who talks and talks and everyone hears, but no impact results.  You say to your friend, “A skunk has climbed up on top of your head,” and the friend responds, “Yes, thank you,” but does nothing and goes on with his or her life.

It would be a universe where we are consumed and subsumed within the universe of our own thoughts, and the world around us remains separate, isolated and without influence upon entities remaining placid, implacable, undisturbed and without any capacity to embrace the causality of an effect that remains otherwise unperturbed.

Come to think of it, that somewhat describes the world we actually live in, doesn’t it?  It started out as some science fiction genre – other worlds – and yet the universe that was described, of a world where people talk and no one listens, others hurt and no one helps, and the gravitational pull remains isolated to the planets within a galaxy, but never extending beyond to the human lives that populate this earth.  Isn’t that what occurs in this world, today?

People lie to themselves thinking that they have hundreds of “friends”, and yet sit alone in an apartment staring at a glowing piece of machine called a computer, and converse quietly on Facebook and through other social media outlets, yet never say a word; and the “conversations” on the medium are merely a series of rants and raves, and at the end of the late evening, everyone goes home.  People live with great wealth – of extravagance of living never seen heretofore in this or any other universe – while others barely make a living; and the impact felt moves not a teardrop or a sigh of resignation.

Federal and Postal employees live in such a universe, especially when a medical condition begins to impact the Federal or Postal employee’s ability and capacity to perform all of the essential elements of his or her Federal or Postal position.  The agency doesn’t care; the postal facility is indifferent; no one says, “Ah, we need to do everything to help you out so that you can get better!”  Instead, we rely upon quiet laws to be enforced, so that our “rights” can be protected and compelled.

Other worlds are not mere fantasies that we dream up; and for the Federal or Postal employee who must take the next step in preparing, formulating and filing an effective Federal Disability Retirement application, welcome to the bizarre universe of an administrative process that cares little about injured or hurting people, but one in which the cold bureaucracy of laws and rights must be enforced in order to assert that which remains unmovable in the face of a medical condition that won’t go away.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The complex simplified

Ultimately, that is the reason why we hire experts in a particular field.  Life has advanced with such complexity that everything has become particularized into specialized fields where focus upon a subject becomes narrower and narrower.

The days of former times when the neighborhood doctor came and made house visits with his black leather bag are no longer existent; instead, we go to the doctor’s office, and only then to be referred to countless and whatever other specialists for further consultation and diagnosis.  The “general practitioner” is merely the gatekeeper; once inside the gate, there are multiple other doorways that must be approached, entered, and traveled through a maze of further developments of referrals until the “right one” is finally connected to.

Law has become the same as medicine; no longer can one simply hang up one’s shingle and “practice” law in every generality; rather, the legal field has become such a conundrum of complexity that the best approach is to first understand what legal issue needs to be addressed, then to locate a lawyer who specializes in that particular field of law.  From the lawyer’s perspective, it is a job of taking the complex and simplifying it such that the layman can comprehend the issues at hand, the approach that will be taken, and the resolution offered.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the issue is encompassed by the developing need to think about the future and to adjust and adapt to whatever benefits are offered for the Federal or Postal employee in such circumstances.

The benefit of “Federal Disability Retirement” is not often even known by Federal or Postal employees to exist.  However, whether under FERS, CSRS or CSRS Offset, filing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is certainly an option to be considered.  It is, however, a complex administrative process where adequate and sufficient medical documentation must be gathered, where certain key elements and points of law must be addressed, and if it is not carefully formulated, can have dire legal consequences without careful review and processing.

As with so many things in life, having a legal representative advocate for your case becomes a necessity where the complex is simplified, but where simplification does not mean that it is simple –merely that it is indeed complex but needs to be streamlined so that it is cogent, comprehensible and coherent in its presentation, substance and submission.

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

 

Federal Employee Disability Retirement: Game changers

Rarely do we have advantages in life.  Instead, most challenges are full of obstacles in our way, advantages tipped in favor of another’s, and an imbalance that seems to make life’s lottery of spectral choices a weighted unfairness that no amount of complaining seems to make a difference about.  We hear about them; yet, they rarely attend to our own needs nor join “our team”.

Game changers are those influences or components that suddenly make winning more favorable.  They normally become a part of the “other” team, but every now and again, life may throw a ray of sunshine down our path, and game changers become an element of one’s own “team”.  Perhaps it is a secret piece of knowledge no one else is privy to; or a piece of information that others have not yet been provided access to; or a person with exceptional talent who has given indications of sympathy to a particular cause; or even a new methodological approach that has not yet been widely disseminated.

Whatever the element of advantage, game changers open up circumstances that favor the success of one side over another, and appear at an optimum time when others have yet to prepare for the surprise addition.  At least, that is what they appear to do in novels, movies, plays and fictional life.  In real life, there are rarely such advantageous elements that make a difference.  Instead, most of life is a steady monotony of hard work, less complaining and a representation of the tortoise-like ethic as opposed to the hare that dashes off and runs ahead of everyone else.

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 job, the concept of a “game changer” should be a familiar one.  For, when the medical condition first began to impact one’s health, that– in and of itself — was a game-changer: against you.  And when your work began to suffer because of the medical condition — that, too — was a game-changer: against you.  And when you needed to take excessive Sick Leave and Annual Leave, then LWOP, that was again a game-changer – again and too familiarly, against you.

It is perhaps time to begin preparing a Federal Disability Retirement application through the U.S. Office of Personnel Management; that, too, may be a “game changer”; but this time, in your favor, so that you can perhaps begin to focus upon the changing games that need a true game changer – your own health.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Little battles fought

It is the minor skirmishes of life that maintain the vitality of everyday existence; they are fought in preparation for the greater battles and campaigns.  That is why a ‘strategy’ is important; otherwise, taking the same hill countless times in a day leads one to wonder what the greater plan is.  For, futility and the sense of meaninglessness are what defeat any motivation to continue.  Incentives for advancement; a sense of growth and an optimism for the future; these and other values are what one fights for, engages in skirmishes, and those little battles that are fought with a worthwhile sense of gaining something.

Medical conditions, especially of a chronic kind, tend to diminish the will to fight.  They not only weaken and debilitate; they begin to eat away at any sense of accomplishment and striving for those valued goals.  It is, in the end, a sense of hope for which we all fight the little battles fought; otherwise, the major wars would fail to be worthwhile.

Medical conditions are the “unfair” factor in any war, sort of like roadside bombs planted in this new war of hit-and-run attacks.  They often come upon one slowly; and whether in a sudden, traumatic event or evidencing a slow progression of debilitation and subtle changes over a period of days and months, the insidiousness of not knowing how to battle it, of doctors telling of being patient, of medications themselves sometimes having worsening side effects that complicate, exacerbate and exponentially magnify in frequency, severity and other realms of wounds endured – these all cumulatively combine to create a sense of frustration like fighting an enemy you cannot see and will never be able to actually “fight” in the traditional sense.

That is why 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, is an important step in those “little battles fought” – for, unless the little ones are taken care of, the large ones that loom ahead may not be properly engaged in.

Reorganizing priorities; focusing upon one’s health; determining the future course of relevancy; these are all part of the metaphorical battles to be fought, but for the individual who experiences the medical condition and specifically for the Federal or Postal employee who must consider filing a Federal Disability Retirement application, they are no less real than the sudden devastation of a roadside bomb exploding beneath one’s Humvee.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: Content

What do we mean when we distinguish between “content” as opposed to “context”?  Are the two always distinguishable, and if so, are there any features or characteristics that make inseparability a potential difficulty?

We have all heard the famous phrase from King’s speech about being judged by the “content” of one’s character, as opposed to the “color” of one’s skin – a deviation of sorts from the more customary reference to the distinction made between appearance and reality, form versus substance, or even of spiritual versus material (although, as to the latter, one will often hear the metaphysical argument that it is the spiritual which is the “real” reality, and that the material is merely that fleeting, temporal existence that lasts for only a limited time).

Can the two truly be separated so cleanly as to allow for harmless independence – or, like the Siamese twins that share a vital organ, would any attempt necessarily devastate both?  For, isn’t it the very appearance of a thing that attracts and allows for an investigation further into the inner depths of the thing attracted towards?  Doesn’t context always matter when looking into the content of a thing, whether it is an incident, a conversation or a person of whom one is interested in committing to for a lifetime of relational considerations?

We often like to make such grandiose claims of bifurcating distinctions, when in fact the reality of the matter is that both are needed in order to complete the picture of the whole.

One may argue, of course, that content nevertheless is “more important” than context, or that substance by definition is of greater consequence than appearance, and by fiat of ascribed significance, one often argues that the former is necessary but perhaps not sufficient without the latter, whereas the latter is not unnecessary, but nevertheless cannot be made without unless one wants to walk about through life with a missing leg or a part of one’s soul left behind.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, always remember that – in preparing the SF 3112A, Applicant’s Statement of Disability – the U.S. Office of Personnel Management is looking for both content and context, and thus must one always be wary and cautious about the implementation of both.

SF 3112A is a trick form.  The questions seem simple enough, but what is put in there; the legal consequences of what medical conditions are included; the result of failing to include certain other conditions that may later be of greater consequence; these, and many more pitfalls, obstacles and unknown legal impact that may or may not be made aware of – well, OPM is not going to tell you beforehand, or help you out, and will indeed judge the Federal Disability Retirement application based upon the content of what is included, and not by the “color” of contextually missing information.

Sincerely,

Robert R. McGill, Esquire