Medical Retirement under FERS & CSRS: Persistence versus giving up

The latter should never be an option, although it is too often contemplated; and the former requires either a dull sense of reality or an in-born stubbornness that refuses to acknowledge defeat.  Both are often the result of the countermanding characteristic of the opponent who relies upon the fact that a certain percentage of the population either lacks the characteristic of persistence or otherwise will ultimately give up with nary an effort or will to fight on.

How many battles in history’s billfold of forgotten memories resulted in defeat because of a ruse portrayed by the enemy?  It is the bold pretension that tests the resolve and allows for victory or defeat; the knowledge that there will always be a certain number of people who, upon facing any resistance or adversity, will simply “give up” and surrender.  Thus is it left up to those who will persist no matter the challenge, where adversity and contention will be endured no matter the cost.

For Federal employees and U.S. Postal workers who enter the arena of a Federal Disability Retirement process, one should always expect and prepare each stage “as if” the battle at the next stage will ensue.  If a denial is issued by the U.S. Office of Personnel Management for a Federal Disability Retirement application, of course it is going to be written and conveyed “as if” the case never had a chance, “as if” none of the medical evidence had any relevance or significance, and “as if” you don’t even come near to meeting the criteria for eligibility for Federal Disability Retirement.

By sounding “as if” you never had a chance and failed miserably to meet any and all legal criteria for eligibility, OPM is banking on your lack of persistence and the concomitant reaction of simply giving up.

However, persistence is the key to success, and giving up is merely a prelude to a victory near at hand if only one steps back, takes a deep breath, and realizes that, from the very beginning, Federal Disability Retirement was never going to be an easy road to bear — but a consultation with an experienced attorney may well lift the burden of the beast where persistence is the key and not giving up is the pathway to a successful outcome at the next stage of the administrative process called “Federal Disability Retirement”.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Private hells

It is a familiar refrain to note that everyone has a self-contained “private hell”; and an even greater understanding that it is well that such thoughts of other hells are both private, and for the most part, left silent without conveyance or communication.  But that is changing, in large part, because people believe that mass dissemination of information has now unleashed any unspoken decorum of dignified discretion.

We believe, now, that everyone should “tell all”; that private matters once left as remnants of shameful self-confessions should be publicized because it is healthy for the inner soul to be uncovered.  But if that were really true, wouldn’t utopia have descended upon the Western World by now?

Revolutionary experimentation is often a good thing – at least, in limited dosages of consumable quantities with tolerable levels of tenacity.  But the mass acceleration of unlimited informational discharges, as evidenced by the Internet, Smartphone usage and widespread hacking and release of information of such great quantities that we cannot even begin to sift through the volume, has resulted in less, than more.  Is it because of the consumer age of technological advancement in which we all presume that “more” equates to “better”?

Once upon a time, in the quietude of an asceticism viewed with reflective consternation, the serious young individual considered shame, hesitation and discretion of public pronouncement; now, however, we have lost faith, abandoned decorum, and relinquished sovereignty, such that we have sold our souls for a mere pittance in return.

We can “tell all” so that expiation of sins once reserved for Dante’s circle of hell could be replaced with and substituted for a therapeutic society which never quite treats effective, rarely cures and always costs.  The cost of what we have given up never returns that which we have invested, and what was once sacrosanct is now mere fodder for comedians and irreverence for late night chatter and laughter of the belly-aching kind.

Somehow, private hells no longer exist; instead, they end up being confessed on a daytime show by a host who is deemed to be a doctor, but of what kind, we are never told.  Private hells imply two consonants of behavioral conflicts:  of a secret and limited access of information (privacy) combined with a torment unimagined and unfelt by others (hell).  Does the former (privacy) exacerbate the latter (hell), such that there is therapeutic value in publicizing that which is private, which would then allow for hell to become transformed into heaven?

We tend to believe so, and this generation of modernity has begun the journey down that path without any empirical evidence to support its belief-system.  Whether it will work, or not, time will tell.  For the time being, however, the private hells which consume the islands of individuals will result in the devastation of souls and psyches, as it has throughout the history of mankind.

For Federal employees and U.S. Postal workers who endure through such private hells, suffering from a medical condition only exponentially creates a greater hell than the earthly one which most people already experience.  Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is a means to an end.

The means is the administrative process of preparing, formulating and filing an effective Federal Disability Retirement application.  The “ends” will come about in order to escape that private hell, which is the slice of heavenly gratuity we are given with the birth of an unasked-for life, impeded by uncalled-for harassment, by unapproachable supervisors and managers unabashedly unconscious of the private hells they themselves have created.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement: The collision of grammar and life

The cynic will scour each entry for just such an error of punctuation or misspelling, and declare that, indeed, the author’s own actions confirm such an event; the greater question, of course, is not that it occurred, but of what import or consequence.

There was a time, of just a few generations ago, where the number of noted authors, commentators and social giants measured by pen and ink, were counted by the hands of a single individual; now, with the diffuse pervasiveness which includes paper editions exponentially quantified by electronic media, as well as the vast array of blogs, comments and Internet “conversations” on Facebook, Twitter (who ever imaged that such a limited conceptual construct would be considered seriously in a political campaign; yet, on the other hand, the limitation of the numerical volume of words likely is proportional to the intellectual capacity of the user, as confirmed by current events), Instagram, etc.

From H.L. Mencken to Hemingway; of the age of Buckley and Vidal; the heyday of the wordsmith, replacing the blacksmith who had to work in the forge where life, the torturous heat of hell, and the reality of contending with trying to mold the harshness of nature’s metals, brought to the forefront the daunting task of trying to earn a day’s wages. But as the general rule is that quantity diminishes quality, and wider dissemination fails not to embody pervasive ignorance, so the collision of grammar and life occurs less with the advancement of technology and informational overload.

For Federal employees and U.S. Postal workers who must consider filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, the primary focus in preparing, formulating and filing for Federal Disability Retirement benefits is in that “write-up” of one’s Statement of Disability as required by SF 3112A.  That is, indeed, where grammar meets up with life, and the manner of prose, the punctuation advanced, and the words chosen, will all coagulate to present the force and ferocity of one’s evidentiary impact.  If represented, the lawyer will likely include a “legal memorandum” arguing your case, as well, through legal citations and references to the statutory and case-law basis upon which the Federal Disability Retirement application should be approved.

In the end, life is rarely lived in a vacuum, and hermitages of yore when medieval fiefdoms were aplenty, no longer abound with plenitude of choices; and for the Federal or Postal employee who must contend with the bureaucratic morass of the U.S. Office of Personnel Management, the preparation of one’s Federal Disability Retirement application is indeed a time when the collision of grammar and life may well occur.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: A penchant for excess

Do the historicity and context of a given time determine the individual’s proclivity for behavior otherwise deemed unnatural?  Does that concept even apply anymore, as normative constraints are denigrated, societal conventions become ignored, and new frontiers bypassing the ethos of communities are no more than mere irritants to swat away?

There has always been, of course, a penchant for excess inherent in the human essence; the British Royal Family, the French aristocracy, the Russian Czar and the modern totalitarian state where wealth and abundance allows an opening for the limitless reach of man’s appetite and predilection for excess.

Does the quiet neighbor next door — that meek and unassuming character straight out of the parallel universe of Walter Mitty’s caricature, of the bespectacled individual always referred to as “growing old with grace and a potbelly” — become a tyrant upon winning the lottery?  Is it inevitable that he files for divorce the day after his bank account becomes flush with an astronomical sum, abandons his responsibilities, denies his lineage to aunts and uncles who suddenly want to become the proverbial long-lost cousins who always loved him but were too shy to previously approach — is there an identifiable genetic code of wrap-around dimensions coiling within each of our cells waiting to embrace an inevitable penchant for excess?

And what of our behavior towards our fellow men and women — is human nature so predictable that we fear the unravelling of ourselves, and thus do we cloak our ugliness and conceal our inner motives precisely because, like the largest organ covering our bodies — the skin which provides layers of protection to make our appearance presentable and unblemished — we require constructs of artificial boundaries because we ourselves cannot abide by the liberty we are granted?

These thoughts are nothing new for the Federal employee or U.S. Postal worker who encounters man’s penchant for excess once the Federal or Postal employee shows the signs of weakness which accompany a medical condition.  Suddenly, the camaraderie and comity previously shown by coworkers becomes an unconcealed bevy of whispering conspiracies, like the silence of horrific quietude of a man drifting in a shark-infested ocean upon an overturned boat, waiting for that first bump of a forewarning to test the reaction before the initial attack.

For that Federal employee or U.S. Postal worker who suffers from a medical condition, such that the medical condition must by necessity lead to preparing, formulating and 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, the penchant for excess as revealed by actions of the Agency, coworkers and people you once thought highly of, is really nothing more than the unravelling of that which was always there, but forever hidden but for that invisible thread which holds the fabric of society together — of self-restraint, like the distant echo of a forgotten discipline, lost in the meditation of a Zen monastery.

Sincerely,

Robert R. McGill, Esquire