Federal Disability Retirement: The tangents that bind

They are often viewed as mere distractions – those activities that fail to follow the centrality and linear path of core, essential projects.  Or, more often than not, they are the wanderings and linguistic meanderings that make verbal communication all the more interesting – you know, that person that suddenly goes off on a tangent and tells an otherwise interesting story, but leaves you scratching your head with puzzlement and left dumbfounded.

In an even different sense, it can mean those quirky hobbies or sidelined projects; even of collecting matchbox cars, comic books or getting excited over stamps.  Stamps?  Matchbox cars?  Comic books for adults?  These are the tangents of life that bind.  We don’t often see them that way, because they are, in the larger scheme of things, somewhat insignificant, irrelevant and entirely superfluous to the greater population.  But what people often do not realize, is that tangents provide the glue that binds; for, if not for the distractions, hobbies and projects that give us a respite from the daily stresses of our lives, life itself would become a jumble of intolerable consequences.

Then, when a medical condition enters a picture, where the chronic pain or the psychiatric impact makes even those tangents no longer pleasurable, such a state of being then makes the rest of life unbearable.

For the Federal employee or U.S. Postal worker who suffers 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 position, it becomes quite apparent that when the tangents that bind no longer cement the worthwhile perspective of life’s meaningfulness, it is definitely time 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.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Dostoevsky and impassioned monologues

Does anyone read such an author, anymore?  At least, once one is beyond the assigned reading list and mandatory college compulsions that allegedly define those who are “educated” as opposed to not, does anyone perform the act out of pleasure?  Or, perhaps we would consider it more like self-torture.

Once the diploma is rolled, handed and received upon the platform of recognized accolades for accomplished feats now disseminated throughout all levels of society, where “blue collar” or physical labor is no longer perceived as acceptable and everyone must be subjected to the torture of reading Dostoevsky and his impassioned monologues that seem to meander forever upon a single scene, does anyone pick up a copy of such titles as, The Idiot, or The Brothers Karamazov, or of that “classic”, Crime and Punishment, and take valuable leisure time to plod and plug through such lengthy paragraphs upon puzzling paragraphs of reflective self-aggrandizing streams of consciousness?

Did a former generation or beyond really think like such characters, or is there something uniquely troubling about the “Russian” culture such that the depths of such rich history encompassing misery, war, poverty, the tension between power and the powerless, the tradition of the Czar and the more authoritarian lineage of Stalin, the current power structure, etc.?

Perhaps the Russian people can relate more readily with such authors and comprehend the scenes of reflective streams of long-winded monologues that can only be characterized as “impassioned” and tumultuous by any standard of emotional fervor.

There are, however, such similar examples in narratives prepared for a Federal Disability Retirement application, written by Federal employees and U.S. Postal workers in response to the questions and queries posed on SF 3112A, Applicant’s Statement of Disability.  Such impassioned monologues tend to include a lengthy history of past wrongs committed (i.e., Crime and Punishment); a journey describing tremendous upheavals and pain (i.e., The Brothers Karamazov); and of character caricatures that depicts a lack of focus and streamlined narrative (e.g., The Idiot).

Most of us claim to have read Dostoevsky; some of us make the further and surprising admission that we have “enjoyed” him; and some few of us actually continue to pick up his translated works and persist in reading him.  However, such pleasure-reading should be uniquely sequestered for the late-night fireside restorations, with a glass of wine or other inebriant to counter such impassioned monologues, and certainly only within a proper context of applicable content, and formulating such meanderings in a Federal Disability Retirement application by the literary device of stream of consciousness is not the “winning” mechanism to obtain a Federal Disability Retirement annuity.

Keep the focus and maintain a streamlined narrative in creating the nexus between the medical condition, the positional duties of the Federal or Postal job, and the impact between the two, and leave Dostoevsky and impassioned monologues to yesteryear’s literary classics rarely read, uncommonly desired, and never quite understood.

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

 

Federal Employee Medical Retirement: The timeworn tale

Are there such things, or just the boorish attitudes of impatient whims?  Are adages, quips and kernels of wisdom never perceived by eyes afresh, or do tales told ever-incessantly by husbands through the course of lasting marriages, or by grandpa at each visit to the chloroform-smelling nursing homes where coughs and sputtering are interrupted by stories regurgitated between gasps filled with oxygenated rasping, merely bore us all?  Of timeworn tales – where do they come from?  When do they end?

Is there a garbage heap of stories no longer told that old men and silent women visit, and leave behind the narratives no one wants to listen to, anymore?  Is it that we no longer have the time, nor the patience, to act “as if” for the benefit of old geezers and pitiable wheezers and instead, rudely interrupt when the tale begins, by saying, “Now, now, you’ve already told that one – many times”?

Yet, a perkiness of interest, a raised eyebrow, and a playful wink to the relative across the table; and the kindness shown to the children at the table, despite the 50th or 100th time told, that we could spend the time together, take the same monotony of predictability, but turn it into an occasion of joy “just because” – just because the person telling it is worthy, and we show how much we value life’s dignity above time “wasted” by the effort we invest upon the individuals we claim to care for.

We have no time for pity; no energy left for patience; and certainly, no stamina remaining for moments beyond our pleasurable self-fulfilling wants and desires.  That is why, when a Federal or Postal employee prepares one’s Federal Disability Retirement application, with the Statement of Disability on SF 3112A, along with the evidence of supportive records and medical narratives, there is no hush of anticipation by Agency supervisors, managers or coworkers.  Yours is merely another timeworn tale that they want to quickly bypass.

But the point, of course, is to get the “Administrative Specialist” at the U.S. Office of Personnel Management – the agency that makes all decisions on a Federal Disability Retirement application – to see beyond that timeworn tale of one’s medical condition, disability, and inability to perform one or more of the essential elements of one’s job.  For, that Administrative Specialist is the “hard one” to persuade – having read thousands, and perhaps tens of thousands of such timeworn tales.  It is thus the job of an attorney who has done this many times, who possesses the power of words in the narration of a compelling tale, that often makes the subtle but necessary difference.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: The dynamic duo and the perfect tandem

There are times when life “clicks”; the mistake is made to gaze at one’s navel at such times of apparent perfection, and to try and capture that something in a bottle and attempt a reenactment and regurgitation of that which works, when the reality is that it is merely a fortunate day to be experienced and enjoyed, like the perfect alignment of the planets in macrocosmic reflection upon a molecular structure of abiding mystery.

Batman and Robin represented the former; without words (except in comic-like expressions in the black-and-white version of the television series) and with the ability of almost telepathic-like eeriness, the dynamic duo could battle the forces of evil and protect the unfortunate city of Gotham with nary a wink, a word or a nod.

As for the latter, the team of coordinated bicyclists or the almost mechanized capacity of the coxed eight displaying the repetition of the anatomy of rowing that is all-important for consistency in order to gain the maximum leverage from each rower, as the “catch” and the “extraction” are engaged in a constancy of monotonous display in ballet-like fluidity.

The perfect tandem is a rare achievement; like the Unmoved Mover in Aristotle’s Metaphysics, we can only strive towards that perfection, without ever touching and glancing it.  Can it be reenacted and repeated by sheer will?  That would presume much – as if the arrogance of our own self-knowledge could replace the ignorance displayed in our everyday lives.  But as life does not come with a recipe to follow, that dynamism in duality and the penultimate construct of fluid coordination cannot be reconstructed, if merely because we never own the fullness of knowledge that Being never completely reveals.

For Federal employees and U.S. Postal workers, the “dynamic duo” and the “perfect tandem” was often the coordination of one’s career and the accolades received in the very competence of work.  Work balanced one’s personal life in allowing for a sense of achievement to be had; and one’s personal life was enriched in the very mission being accomplished.

Then, along comes a medical condition, such that the medical condition itself became the interruptive and disruptive force; and, suddenly, the dynamic duo and the perfect tandem no long was, or is – depending upon what the meaning of “is” is (sorry, could not refrain from the obvious reference).  When that dynamic duo is fractured, or the perfect tandem disrupted, it is time to rethink a different paradigmatic foundation.

Filing for Federal Disability Retirement benefits, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, is just such a remedy.  For, once the dynamism of duality is severed, or the perfections of a tandem diminished, it is a loss which can rarely be recapture, and thus it is the perfect time and place in one’s life to consider preparing, formulating and filing an effective Federal Disability Retirement application, to be filed (ultimately) with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire