OPM Disability Retirement: The need to belong

Is there?

The brashness of youth in the misplaced arena of self-confidence when one first encounters the reality of the world after being sequestered in schools, from High School to College, but yet to be tested by the reality of the surrounding world; and so the young person says thoughtlessly: “I don’t need anyone; I will go it alone.”  And so the story goes: and like Harry Chapin’s song, “Cat’s in the Cradle”, of little boy blue’s father who never had time to belong because he was always too busy; but then, we feel most comfortable in situations of familiarity, though we may deny it.

The need to belong is not a peculiarly human need; it is shared by most other species, although there appear to be exceptions within the subset of every species, where the loner presents with contentment, and even an antagonism towards the collective community.

Is it fear that compels the desire, or an innate sense of wanting to belong (a more positive characteristic than fear)?  Can the need be quashed and dismissed, set aside and disregarded as mere convention to be ignored and diminished?

For Federal employees and U.S. Postal workers who are considering preparing, formulating and filing for Federal Disability Retirement benefits under FERS, CSRS or CSRS Offset, is it the loss of community that often makes one pause — i.e., the need to belong?

Certainly, the camaraderie and being “part of the team” — though one may scoff at the very idea — allowed for one’s identity to thrive within the community of Federal or Postal workers; and identity-tied-to-career and work is an important component in belonging to anything, for everyone.  Yet, the medical condition itself is the very element that separated and excluded in the first place; the Federal Agency or the U.S. Postal Service is the “community” that begins to shun, to exclude, to make an outcast of the Federal or Postal employee, and that is almost an inevitability that must be faced.

At some point, that “community” called the Federal Agency or the Postal Service begins to lose its patience, and begins to restrict the use of Sick Leave or LWOP; or, when the FMLA runs out, a “demand” to return to work, to maintain a regular work schedule, etc., is imposed.

Unfortunately, the “need to belong” has to be a two-way street: The desire to belong on the part of the Federal or Postal worker, and the comity of interests shown by the Federal Agency or the Postal Service.  When one or the other begins to wane or vanish altogether, it is time to file for OPM Disability Retirement benefits and to look for other communities in which to satisfy the need to belong.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: Keeping

Keeps; keeping; kept; the endurance of retention reflects the vitality of human obstinacy.  To retain, to own, to possess; in the present tense, present simple passive, present perfect passive, past perfect passive, present modal, past modal, and a dozen other forms of grammatical conundrums.  It is the action of owning, maintaining or  possessing; often, with implications of forceful protectiveness despite demands of rightful ownership by third parties.  “He kept it!”  “He keeps coming back!”  It is the persistence, the refusal to abandon and the resistance against another’s claim, whether rightful, justified or otherwise questionable.

Then, there are forms which imply honor and integrity:  “Keeping the trust”; “Keeping the flame aglow”; “She kept her word”.  The boys “kept their promise”; He kept up appearances.  In all grammatical forms, whether of a passive nature or active tense, there is always throughout a sense of an activity of the will.  “Keeping up with the Joneses” is not merely a passive inactivity, but an affirmative movement and stratagem focused upon advancing beyond a social inertia that encompasses tentacles of thought, consideration, judgment and planning.

It is a simple word, used without much thought, never pausing in a conversation to see whether others gathered will be impressed by the perfection of such a choice – that unique word which describes an image so poignant that to have inserted it nonchalantly in a sentence without the help of a Smartphone in Googling it before uttering the inserted grandness connoting linguistic excellence is next to leaving one breathless and in disbelief.

For Federal employees and U.S. Postal workers who understand the simple concept of “to keep”, whether in the present tense, present simple passive, past perfect passive or the multitudinous other grammatical forms, there are caveats to maintain when preparing, formulating and filing for Federal Disability Retirement benefits, not the least of which are:  Keep your cool; have your files kept and maintained; keep persisting; recognize the importance of keeping a balanced and coherent narrative; keep the faith; insist upon keeping informed; and never keep allowing for injustice to prevail.

In keeping with tradition, always remember that preparing an effective OPM Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is a complex administrative process which must be kept in mind, and that the formulation and filing with the U.S. Office of Personnel Management requires keeping a patient, sane and insistent attitude, much like keeping a promise made despite those who have not kept their word.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The U.S. Department of Health & Human Sacrifice

Does modernity reflect progress?  And, more to the point, by whose definition do we apply the standard of “progress”?  Does mere movement or change constitute advancement, or do we fool ourselves by the proverbial content of shuffling the chairs on the deck of a sinking ship?  Each generation believes fervently that the previous one represents an archaic mode of static thought and stale fashions, and that youth itself somehow supersedes the necessity for any generational transfer of wisdom or insight.

In former times, certain societies would offer the best and the beautiful as human sacrifice to the gods of fate, in order to please, appease and gain favor.  In current times, we do the same, but cheat the gods by offering less than the healthy ones, and instead give to the winds of fate the decrepit, deteriorating and destroyed individuals who no longer contribute fully to society, thinking that by shedding ourselves of the rabble and remains of shorn vestiture, the favor of formidable fate will be attained for future payment in place of delayed gratification.  Why is it that health and human sacrifice have become terms of mutual exclusivity?

For Federal employees and U.S. Postal workers, the Department of Health and Human Sacrifice has become the largest entity of bureaucratic morass, employing more people than all other agencies combined.  It is the place where “health” is disregarded, and while lip service is paid to “accommodations” and those with disabilities, the reality of it is that such Federal and Postal workers are thrown down over the cliff as fodder for human sacrifice.

Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition no longer allows for fully embracing all of the essential elements of the positional duties required by the Federal agency or the U.S. Postal Service, know well that the Department of Health and Human Sacrifice exists for them.  Whether under FERS, CSRS or CSRS Offset, the relegation to this last bastion for infidels is the secret of modernity, kept in whispers where corridors of power and privacy prevail before being pushed down the chute of despair.

The only escape from such fated sacrifice is neither a replacement lamb nor a plan of refuge, but to prepare, formulate and file for an effective Federal Disability Retirement application through the U.S. Office of Personnel Management.  For, the Department of Health & Human Sacrifice was created under the guise of protecting the general public, when in fact its very existence is to advance the horrors as told by a generation of Orwellian drones; but, then, that is from a previous generation no longer relevant to current residents of modernity.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney: Farmer’s Market

They have cropped up everywhere, and have become popular sites where suburbanites can sense a closer connection to the food they put on their tables.  But as with all seasonal exchanges, the level of interaction is based upon the changing environment, the availability of produce, and the trending nuances of health, life and manner of living.

In the wintertime, the abandoned stalls and the empty inventory tells of a change of seasons.  We walk, observe, pick and choose, and if the color of the tomato doesn’t quite seem right, we pass by with nary a nod, or word of silent question mark.  Which side of the Farmer’s market are we on, in any given day?  Are we the seller of produce, or the buyer of selective goods?  Do the seasons change, and the temperatures ebb and flow, and are we malleable like the sea breezes that touch upon a morning surf?

Federal employees and U.S. Postal workers often feel the interchangeable position, and the vulnerability on any given day, based upon the changing of seasons.  Federal and Postal employees who suffer from a medical condition, such that the medical condition impacts one from performing one or more of the essential elements of one’s job, are likened to Farmer’s markets which come and go, and who set up stalls for selling of goods and produce, or were once like visitors looking for something different than the frozen foods at the chain supermarkets.

Once, the sense of being in control prevailed — whether in displaying one’s produce as the seller, or as the consumer choosing based upon the look of the fruit or vegetable.  Then, suddenly a medical condition comes into play, and options seem to diminish; whether from the perspective of the merchant, or of the buyer, you can’t seem to last the season in either role.

The option of 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, is something that becomes a necessity for the Federal or Postal employee who suffers from a medical condition which prevents one from performing the essential elements of one’s Federal or Postal job.

Like the changing of seasons, it brings to the fore the availability of one’s “product”, and makes of one the onlooker who doesn’t purchase, as well as the weekend merchant who tenders at the local Farmer’s Market, only to get back to one’s “real job” of toil and turmoil, like the rest of society who must contend with the forces of nature’s changing seasons.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Law Blog: The Trifecta

The bet must be precise.   Thus, it needs to be based upon extensive research, a knowledge of each of the elements, the circumstances surrounding the process; the quality of the expected environment; whether intersecting conditions will interrupt or influence; what other unforeseen confluence of intercessions may develop.  The finishers must be predicted in sequential order.  The trifecta is therefore a management of time, knowledge, expertise and sprinkled with a bit of luck extracted from the cauldron of a witch’s brew.

Federal Disability Retirement is somewhat akin to the trifecta.  Extensive research, a knowledge of the elements to be proposed, and a delineation based upon the compilation of another trifecta — the medical evidence; the statement of disability; and the legal argumentation — must be brought together into a confluence of coordinated and comprehensive consolidation of cogency.

Preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset, however, should not be based upon a spurious bet.  And, unlike the trifecta, a semblance of certainty should enter into the equation, such that the sequence of delineated data should compel the OPM reviewer to declare unequivocally and with unconcerned eloquence, “Of course!’ — and grant an immediate approval of the Federal OPM Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Attorney: The Social Security factor

For Federal and Postal employees under FERS, who now comprise the majority of the workforce in the Federal government, the issue of when to file for Social Security Disability benefits (SSDI) while concurrently filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, is often a recurring question.

On SF 3112A, at the very bottom of the standard form, there are two boxes to check with respect to whether (A) Social Security disability benefits have been applied for, and (B) whether the receipt has been attached and included with one’s Federal Disability Retirement application.

Since most FERS Disability Retirement applicants are still on the agency’s rolls as either active employees, on Sick Leave, Annual Leave or Leave without Pay, the filing for Social Security disability benefits becomes an anomaly, a puzzle and a conundrum, precisely because of the following: Ultimately, the reason why Social Security disability benefits must be applied for, is to see whether or not a coordinating “offset” between FERS Disability Retirement benefits and Social Security disability benefits will be appropriately imposed (a 100% offset in the first year of concurrent receipt of benefits where the annuity rate for the FERS Disability Retirement annuitant is set at 60% of the average of one’s highest-3 consecutive years of service; then, every year thereafter, a 60% offset during each year of concurrent receipt of Federal Disability Retirement benefits at the Federal Disability Retirement annuity rate of 40% of the average of one’s highest-3 consecutive years of service); but presumably such an analysis leading to an offset would occur if an approval by the Social Security Administration is based upon information concerning the severity and extent of the medical condition and disability, and not because a denial of Social Security disability benefits is based upon one’s status of employment.

But here is the “rub”:  Human Resource Offices often will demand and insist that Social Security disability benefits must be filed for, before the Federal Disability Retirement application can be forwarded to OPM.  Nothing could be further from the truth; but then, as gods, dictators and other power-wielding fiefdoms comprise the vast expanse of authoritative sources in the universe, it is often a good idea to go with the flow, file (with minimal effort expended), obtain a receipt which shows that one has filed, and be asked at a later date to duplicate the effort, if needed.

Sincerely,

Robert R. McGill, Esquire