Federal & Postal Disability Retirement: Preparing the case

For some reason, Federal and Postal workers who “prepare” and submit a Federal Disability Retirement application, do so without much thought as to what is entailed by the entire process.

They will often rely upon what the “Human Resource Office” tells them — of forms to fill out, what form to give to the doctor, the form to give to the supervisor, etc., and will spend more time trying to figure out the confusing life insurance form than in preparing the Applicant’s Statement of Disability (SF 3112A) or the legal precedents that govern Federal Disability Retirement Law — and then, when it gets denied at the Initial Stage of the process and the Federal or Postal Disability Retirement applicant goes back to the H.R. “Specialist” and asks, “Well, what do I do now?”, the response is: “That is not our problem; that’s a problem you have to deal with.”

Accountability is not known to be a commonly recognized characteristic in a Human Resource Office, and while there are never any guarantees in life, in any sector or endeavor, at a minimum, when one is being “assisted” and guided through an administrative process, it is important to know whether or not whoever you are relying upon will see you through to the end.

Why the Federal or Postal employee who begins the process of preparing, formulating and filing a Federal Disability Retirement application does so without the same care, scrutiny and comprehensive approach as one does in “other” legal cases, is a puzzle.

Federal Disability Retirement — whether under FERS, CSRS or CSRS Offset — is as complex a case as any other, and should be approached with the same intensity, technical application and expertise as a patent and trademark case, or a complicated medical malpractice filing.  For, a Federal Disability Retirement case involves every aspect of any other type of complex litigation — of the proper medical evidence to gather; of meeting the established legal standard in order to meet the burden of proof; of citing the relevant legal precedents in order to persuade the reviewer at the U.S. Office of Personnel Management; and presenting a compelling description to a “jury” at OPM that one has met the nexus between “having a medical condition” and the inconsistency inherent with the positional duties required, etc.

In the end, preparing the case for submission of a Federal Disability Retirement application involves greater complexity than what the layman can normally account for, and as the fine print in those television commercials state involving sporty vehicles maneuvering at high speeds, you may not want to try this on your own.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Fear of one’s shadow

What does that metaphor mean?  Perhaps to different people, different and varying things — of constantly being on edge despite nothing objectively to be anxious about; of fearing the worst around every bend and corner; of imagining impending doom despite the best of times; of never being able to enjoy that which has been attained or accomplished; and a multitude of similar circumstances that evoke an image of a person who remains in a perpetual flux of emotional turmoil.

Does this describe you?  Perhaps there is a reason — some Freudian abscess deep within the damaged psyche of an individual, unidentified and undetected, originating from a trauma experienced in childhood; or, he’s just a “nervous sort of fellow”.  Fear of one’s shadow is that person who expects the worst even within circumstances that highlight the best.  It is not just a lack of confidence, nor a pessimism that pervades against the reality of the illuminated world; rather, it is the expectation of disaster when reality fails to coincide with shadows that fail to appear even when all around you darkness dominates.

Perhaps we have done a disservice to this newest generation, and the one before, by always encouraging them with hope, never criticizing them, and allowing them to always think “positively” about themselves, their expectations and their future.  Then, when reality abuts against the expectation of anticipated success, this young generation falls apart and is inadequately prepared to handle failure.

Fear of one’s shadow is often the byproduct of an upbringing unprepared and unfortunately ill-prepared to become responsive to failures in life’s cycle of successes and failures.  It is, in many ways, a protective mechanism, where fear is the dominant factor in order to shield one from the reality of the world around.

For Federal employees and U.S. Postal workers who suffer 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 job, the fear of one’s shadow may not be so unrealistic — especially as it concerns how the agency or the Postal Service will act, react, respond to or otherwise initiate sanctions, actions and administrative proposals if you fail to return to a previous level of productivity and attendance regularity.  For, in the end, the Federal Agency and the Postal Service are not in a protective role; rather, they are often the adversary that needs to be constantly reminded of “the laws” that protect and preserve human dignity and contractual responsibilities.

For Federal employees and Postal workers who need to file for Federal Disability Retirement benefits, remember always that it is not one’s own shadow that needs to be feared, but rather, the looming figure behind your own shadow that may come unexpectedly to attack you, and that is why you need to consult with an experienced attorney in preparing, formulating and filing for Federal Disability Retirement benefits, whether you are under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Government Employees: Latent dignity

There are people who, by their very carriage, command respect and deference; it is like the royal crest without intimate knowledge of lives or spoilage in whispers behind shuttered windows – it is just presumed.  Does man possess a latent dignity beyond the carrion of an eagle’s flight?  Are we, indeed, just below the angels, and above the fray of predatory delights?

Ah, but lest we forget the devastation wrought upon the concept of man, history and the inheritance of lineage, when materialism became the birthright of man and the genetic predisposition as espoused by the paradigm proffered by Darwinism became the penultimate penumbra of the image we carry forth of ourselves; and when we discarded faith in angels, affinity to the noble character of man, and association in the exclusive club of rationality as the essence of being – once these were ignored, dismissed and derided, then we refused the rightful inheritance of our rich ancestry.

Of what dignity, latent or expedient, may we claim, now?  How, and with what birth right, can we stake the soul of a mere mortal who reaches as the epitome of being nothing more than the cadaver upon which vultures feed?  Once discarded, the metaphysical lineage of man disappears, and any transcendence of being – whether of the three parts of the soul or even the road to Mecca – they have been forsaken for the eternal gluttony of human appetite.

Once, when wars were fought not for oil nor the glory of mercenary satisfaction, but words of honor and fidelity, for family, country and salvation of souls; and not of mere seedlings left for others to starve upon, but for things we once believed in, had faith of, and sought the worth of sacrifice in a universe otherwise left to others and countless ineptitude of bureaucratic morass.

There was, once upon a time, a story for mythology to fill; for giants to slay, dragons to conquer, and pathways to forge without fear of retribution.  But, somewhere along the way, something strange happened; we lost faith, left behind tradition, and allowed the foolishness of youth to prevail and rule upon the rationality of man’s heritage.  Beauty was accepted as the glamour of a television show; substance was interpreted as a funny one-liner on a late-night comedic episode; and instead of Western Civilization’s tradition of gratitude, humility and love of neighbor, we were suddenly left with nothing more than the emptiness of materialism and the promise of nothing more than death, decay and an unmarked tombstone with etched markings which merely revealed the beginning of life and the end of living.

In what promise, then, do we knock upon the door for that latent dignity we define as man?

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 engaging in that most meaningful of projects – one’s career, work and vocation of choice – because of the very medical condition itself, there comes a time when the harassment, intimidation and demeaning conduct perpetrated by the Federal Agency or the U.S. Postal Service must be stopped.  Sometimes – and often enough – that plan of stoppage can only be sought and embraced through the effective preparation, formulation and filing of a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Only by moving beyond the arena of demeaning venues of life can we attain a status and stature of latent dignity; for, it becomes clear in this age of modernity, that such dignity is no longer latent, but remains for the individual to assert and declare, and not allow the silence of the lambs to drown out the pureness of one’s soul.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Independence Day

Each country with a colonial past celebrates it; though, for some, separation may not have been accomplished through violent revolution, but via natural evolution by decoupling of cultural and economic ties.  Then, of course, there are individual demarcations of personal milestones; of becoming an adult; of the first habitat away from childhood memories; or even a first paycheck replacing the dependency of an allowance bundled in caveats of emotional connections veiled in subtle admonitions of responsibilities, adolescent resentments and the proverbial cutting of the lawn by a weekend warrior.

Time normally takes care of such sophomoric interludes, and replaces those seemingly significant torch-passings with other, more relevant and impactful events.  We tend to place great metaphysical significance upon a particular day, as the cornerstone and marker representing a transcendent relevance, and all the while allow for the symbols to disintegrate in the tatters of modern decay.

Revolutions rarely attain the goals sought; for, it is the days and decades thereafter which matter, in daily preserving an unextinguished light which remains fragile and dimming but for patriots who sacrifice for naught.  Clubs and associations form, like cottage industries propagated by deliberate avenues of greedy excess; the daughters or sons of this or that revolution, and lineage becomes of importance, while the names of unmarked souls lying anonymously beneath the bloodied soils where trumpets once blared and orders fulfilled, and the dying screams of sons crying out for motherless children left in the poverty of a forgotten past, fade as memories and the aged pass on.

Can a people who remembers not the dates of demarcating moments last for long?  Must nations celebrate in order to garner the enthusiasm of civic pride, or can mere greed, money grubbing endeavors make up for loss of flag waving and patriotic fervor?  In the end, it is how we treat the most vulnerable and weak, which reflects upon the ardor of our sincerity.

For Federal employees and U.S. Postal workers who suffer from a medical condition, and who must 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 independence is a significant one — for it is a turning away from that which continues to harm, whether through greater stresses upon the body, mind or emotional stability; and the severing of ties is a real one, and not just a symbolic quiver in a parade of trumpets and gleeful shouts; no, Independence Day for the Federal or Postal employee who successfully maneuvers through the bureaucratic maze of an administrative nightmare in order to attain a Federal Disability Retirement annuity, is a day indeed of significance and import.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Law: Avoidance

It begins with a subtle turning away, perhaps; reduction of contact, lessening of coincidental interactions, etc.  The fact is, in an office environment, or out in the proverbial “field” of employment, if a coworker or supervisor wants to get a hold of you, they normally can, and with aggressive intent, quite quickly.  But suddenly and in a spiral trajectory of avoidance, people begin to shun and shove aside.

It’s not like the medical condition is contagious, or will by some mysterious process of osmosis spread like a viral wildfire merely by standing next to you; but that is how it is perceived and attributed.  When a medical condition impacts one’s ability to perform the essential elements of one’s job, whether the person is a Federal employee or a U.S. Postal worker, the palpable sense of ostracizing begins immediately.

Loss of productivity; being placed on a PIP; developing a reputation for being on the wrong side of an agency’s favor; these are all of the ills which portend; and the greater the degree of avoidance by fellow workers, the increasing pressure of evidence to begin the process of preparing, formulating and filing for OPM Disability Retirement.  Federal Disability Retirement is a process which can take many months, and is ultimately filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

The inevitable is written in the rosters of future events; avoidance merely delays that which will come about, anyway; and procrastination exponentially compounds the cumulative problems aggregated by neglect.  Thus does avoidance work to wound, and rarely to enhance, the fragile future of the Federal or Postal employee in securing one’s financial stability, by filing for Federal Disability Retirement benefits through OPM.

Sincerely,

Robert R. McGill, Esquire