OPM FERS Disability Retirement: Coordination of Elements

There is no question about it: It is a complex process.

Administratively, it must be passed through multiple levels of agency review in order to get a completed packet — the Supervisor’s Statement (SF 3112B); Agency’s Efforts for Reassignment and Accommodation (SF 3112D); effectively answering the Applicant’s Statement of Disability such that it provides the proper nexus between each of the questions on SF 3112A — for, although it may not be so obvious, the questions must both be answered separately as well as viewed in the totality of each as being a component fitting in with each other, in order to answer it to completion.

Then, there is the coordination of internal and external elements, and the intersecting impact within and without — of a medical report effectively prepared and consistent with the history of treatment modalities; of a nexus persuasively argued establishing the connective impact between the medical condition and the essential elements of the Federal or Postal job elements; and the interconnectedness of essential elements to the physical or cognitive inability to perform one or more of the essential elements, etc.

Throughout the process — whether for a denial and a rebuttal response at the Reconsideration Stage, or at the initial preparation stage in the First Stage; or, even of an appeal to the U.S. Merit Systems Protection Board — the coordination of elements is important in preparing, formulating and filing an effective Federal Disability Retirement application to be submitted to the U.S. Office of Personnel Management.  Consult with an attorney who specializes in FERS Disability Retirement Law in order to more effectively establish the coordination of elements.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Information: Yesterday’s sorrow

Yesterday’s sorrow may not be able to be put aside today, or even tomorrow; but yesterday’s sorrow may be today’s, or of the morrow if left unattended to.

Sorrow can take many forms; of the weight of anxiety and worry; of a traumatic event or occurrence; of news of a tragedy that touches one’s soul to the core; and if left unattended, or ignored or otherwise bifurcated, truncated or misplaced in the everyday hullabaloo of life’s travails that become lost in desiccated splices of yesterday’s memories, they can nevertheless remain with us in the subconscious arenas that become tomorrow’s paralysis.

Life is tough; loneliness in life becomes the daily routine of daily sorrow; and even when surrounded by family, so-called friends and acquaintances and even of spouse and children, the sense of being alone in the world can be overwhelming.  Who can understand, let alone sympathize, with one’s sorrows of yesterday when today’s trials cannot be conquered?  And who can fathom the contests yet to be met when we can barely handle the residue and crumbs of yesterday’s sorrow?

Yet, we all recognize that yesterday’s sorrow will be today’s shadow of haunting victuals, and even of tomorrows feast for beasts who prey upon the meals left unfinished; and yet we must persevere, with each day leaving some leftovers and allowing for the garbage heap to become more and more full, until one day the garbage we left in our lives spills over into a raging delirium of uncontrollable fright.

Yesterday’s sorrow is today’s mirror of what tomorrow may bring if left unreflected in the image of how we view ourselves.

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 duties, yesterday’s sorrows may be the medical conditions themselves which have become a chronic and unrelenting obstacles to today’s victory, and of the morrow’s fulfillment.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted ultimately to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may be the best course of action in attending to yesterday’s sorrows, lest they become today’s burden and tomorrow’s nightmare.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Except, in real life…

Isn’t that the refrain that dampens?  Whether for a child or a young adult who still possesses and retains the enthusiasm of the possible, we pour cold water upon such unfettered energy for the future yet undeclared by saying, “Except, in real life…”.  Of course, what is inserted to replace the ellipses is the clincher that determines the mood of the response.  Is it: “Except, in real life, that never happens.” Or — “Except, in real life, you’ll be broke and devastated.”

Why is it that the unspoken elongation implied by the ellipses must by necessity include a negative ending?  When have you ever heard, instead: “Except, in real life, it’s all the better!”  Is it because our creative imagination reaches far beyond what is possible in the stark reality of “real life”?

Is the universe imagined of greater potentiality than the reality of daily existence, and is that why the virtual reality of Social Media, “the Web”, interactive video games and the like are so sultry in their seductive pose — because they invite you into a world which promises greater positives than the discouraging reality of our existence in “real” time?  Is that what is the ultimate dystopian promise — a caustic alternative to Marx’s opium for the masses: not of religion, but of an alternative good that has been set up that not only promises good beyond the real good, but provides for good without consequences?

The problem is that, whatever alternative good or virtual reality that is purportedly set up to counter the reality of real time, is itself nothing more than “real life”.  It is just in our imagination that it exists as an alternative universe.  This brings up the issue of language games as espoused by Wittgenstein, as to the “reality” of an “objective world” as opposed to the one expounded by linguistic conveyances: Take the example of the blind man who has never flown a plane.  He (or she) can answer every aeronautical questions with as much technical accuracy as an experienced pilot. Query: Between the 2, is there a difference of experiencing “reality”?

For Wittgenstein, the answer is no.  Yet, the laughing cynic will ask the ultimate question: Who would you rather have as your pilot for the next flight — the blind man who has never “really flown” a plane, or the experienced pilot?

That becomes the clincher: “Except in real life…”.

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 job, the tendency and proclivity towards taking a dim perspective of life can be overwhelming, especially when one is dealing with the debilitating consequences of a medical condition.

Yet, it is important to maintain a balance between the cynic’s world view (that the cup is always half empty) and the eternal optimist’s myopic standard that the glass is always half full.  “Except in real life,” doesn’t always favor the former; for the Federal employee who must go up against the behemoth of OPM in filing a Federal Disability Retirement application, “real life” is not necessarily the exception, but can be the rule of a successful outcome if you are guided by an experienced attorney.

Sincerely,

Robert R.McGill, Esquire

 

Legal Representation on Federal Disability Retirement Claims: Plans

We all make them; whether for an anticipated journey or vacation; of a future date far in advance or nearby in time; or merely for an afternoon get-together with an associate, coworker, friend or family member — plans are essential to the coherence of a person’s daily life.

We have “planners” that we carry with us everywhere, and “planned vacations”, “planned playtime” for our kids; a “planned evening out” and meals planned well in advance even before our appetitive natures begin to rumble with echoes of hunger and delight.  There are “coordinated planned attacks” by terrorists, and “exit plans” before an assault is waged upon the enemy.  Then, there are life coaches who help to plan one’s future decisions, counselors who plan for college entrance exams and therapists who assist in planning this or that major decision.

From the moment we realized that simply reacting to the world around us was no longer an efficient methodology in maneuvering through a complex world, where the prey had become suspicious and did not stick around to remain as out next dinner course and predators began planning for counterstrategies to man’s wily peculiarities, we began to plan for the future.

However, the one thing that we have no plan for is the unexpected jolts of life’s servings that come upon one without warning or predictability, such as a deteriorating health condition that was never planned for.  Dreams that spawn plans are easily destroyed by life’s tumults that come in waves of unpredictable surges, just when we think that our “plans” are being realized.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition impacts and prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, it may become necessary to alter one’s long-term plan and goal towards retiring upon reaching the “regular retirement age and time-in-service”, and instead to file for Federal Disability Retirement benefits under FERS, through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Medical conditions are often the one set of goal-stopping issues that skewer one’s plans; it is normally unplanned for, and is a plan-modifier that requires not only a change of plans, but a new set of plans that should include a plan to prepare, formulate and file an effective Federal Disability Retirement application, to be planned for submission to OPM, and should also include a plan to seek to counsel and advice of an attorney who specializes in such planning.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: The mouse in the night

They are heard and often unseen; a scratch somewhere from the far corner of the room; a blur along the space between the couch and the wall; and the mouse in the night scurries along, making some amount of noise more greatly enhanced when the quietude of a late evening descends upon us.

Should we put out a mouse trap?  The problem with that is that the dogs might come down in the middle of the night, smell the cheese and get his nose trapped and yowl with pain, waking everyone up.  Or, hope that the mouse in the night minds his own business, scurries about without anyone noticing, and we can all pretend “as if” he doesn’t live in the same house as you do.

Like spiders, centipedes and other crawlers, the mouse in the night is there, has been, and perhaps always will be; we only try and rid the home of it when we hear it and it becomes bothersome.  That’s how we often treat medical conditions, kids who are nuisances, and neighbors who are irritants – we attend to them only when they reach beyond a level of tolerance or a spectrum of acceptability, and then it is often too late.

When does “not yet” and “too late”, or almost too late meet on the spectrum of provocation?  Does the mouse in the night become the provocateur merely because we hear him and imagine the slow but steady destruction he imposes, or the danger of the wife or daughter in the house who may scream suddenly (or is that being sexist to think that only the female gender will react in such a way)?

The mouse in the night is very much like a medical condition, where it comes and slowly steals one’s energy, eats away at the energy one has stored, and scurries along the contours of the walls in a blur of running confusion.

For Federal employees and U.S. Postal workers who need to now consider preparing 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, the sudden realization that there is a connection between the medical condition and the slow deterioration of one’s ability to perform all of the essential elements of the job can be likened to the mouse in the night – you always knew it was there and that it was slowly eating away, if not by the noise, then by ignoring its presence; you just kept putting it out of your mind because of those “other reasons”, like the trouble it takes, the fact of facing up to it, the avoidance, and maybe even the hope that it would just go away.

But neither mice nor medical conditions go away, but remain as problems that keep gnawing until the hole in the wall becomes too large to ignore.

Sincerely,

Robert R. McGill, Esquire