OPM Medical Retirement under FERS: Appropriateness

How does one learn it, and if one never recognizes its opposite — inappropriateness — does that then shield one from recognition of its negative consequences?  Is it the suddenly silence of the room, the averted eyes of those around, or the pink flush of a blush that suddenly tells of the inappropriateness of what was said, or done?  But what of its antonym — do we learn only when someone else says, “Yes, yes, quite appropriate“, and if so, how did that person learn what was or wasn’t?

Is appropriateness merely a human convention, an artificial construct that allows for a mindless continuum that barely retains its relevance beyond the insularity of a self-contained characteristic?

For federal employees and U.S. Postal workers who are considering preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal employee is under FER05S, CSRS or CSRS Offset, the appropriateness of what to include in a Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, is often a question of discretion and experience.

What evidence, beyond the obvious medical evidence, can and should be filed?  What should be included in one’s Statement of Disability as required on SF 3112A, Applicant’s Statement of Disability?  How much personal information, historical facts and background data should be “appropriately” included in the Applicant’s Statement of Disability?  Should family members, friends or coworkers provide a statement, as well, and is it “appropriate” to do so?

In the end, appropriateness is a concept that should be tailored by the context of the action, and it might be a good idea to consult with an experienced attorney before preparing, formulating and filing an effective Federal Disability Retirement application, as such a consultation would certainly constitute an appropriateness under the circumstances, and may well be inappropriate to fail to do so.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement Help: Caught in the world in-between

It is a purgatory of sorts; of the netherworld where twilight is a constancy of confusion, and when neither dawn nor dusk, between summer and winter, or of cognitive clarity and conundrums of confusion reach the pinnacle of an infinite maze.  Do we prefer clarity to confusion, or the light of dawn to a period “just before”, when consciousness of thought is suppressed or prevented by a darkness befalling thoughtful perspectives impeded by streams of dancing oracles upon a seamless stupor?

It is often uncertainty which tires the soul.  For, while wealth is preferable to destitution, and employment to its opposite, it is being caught “in-between” which engenders uncertainty and angst of future plans, and that is likened to a form of hell.

When a Federal employee or a U.S. Postal worker first learns of a medical condition — whether from an accident or injury on the job, or during a foray into uncharted recreational activities, it matters not for purposes of meeting the criteria for eligibility in a Federal Disability Retirement application submitted through the U.S. Office of Personnel Management — the weariness of time and the toll of uncertainty is often worse than the failure of resolution encountered through therapy, medication regimens, surgical intervention and the long delays in recuperation and rehabilitation.

It is that “waiting” which becomes the agony of life, for the questioning and incessant pondering resulting therefrom haunts the soul:  What will the future hold?  What will my job do?  What are they planning?  The “what”, the “when” and the ultimate “why” becomes a reverberating echo of repetitive songs unwavering in their monotony of questions forever unanswered.  For, it is the unanswered question and the unstated discretion of silence which makes for waiting to be just another agony of life’s challenges.

To be caught in the world “in-between”, where future plans are delayed because the present remains in a muddle of soft mush, and when past actions fail to concretize a pathway for mapping current stability, is a state of existence which is tantamount to a purgatory of eternal uncertainty.

For Federal employees and U.S. Postal workers, it is thus important to take some action and begin the process of filing for Federal OPM Disability Retirement.  Wishful thinking will not make the medical condition go away; and while hope is always a basis for future planning, one often knows early on, within the core of one’s soul, whether the injury or medical condition which prevents the Federal or Postal worker from performing the essential elements of one’s positional duties will resolve to an extent possible in order to return to full duty.

It is not knowing which is the true hell of existence; and to remain caught in the world in-between is often a choice — albeit a bad one — which is based not upon want of certainty, but enmeshed in the essence of human tragedy, when delay prevented that split-second decision that could have avoided the disaster.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Lawyer: Competence & Relevance

As applied to a person, the dual concepts refer to the capacity of the individual’s talent and the relational importance to the greater needs of an organization, entity or society; as inserted in a more general sense, it is an evaluation of the connection between import and applicability.  In both senses, it embraces one’s identification within a macro-context of where one fits in.

For Federal employees and U.S. Postal workers who have striven for years and decades to achieve a level of competence and relevance within an organizational context which treats one like the proverbial faceless bureaucrat which generates a worn and tiresome image, age itself is a friend, to the extent that as one works at a craft or vocation for many years, the wisdom gained equalizes the lack of experience and compensates for overzealous enthusiasm.  But the flip-side of age and experience is that the human body and psyche are vulnerable, and susceptibility to deterioration and mortality itself becomes evident as one advances down the spectrum of a life.

Is life merely a project, as Heidegger would have it, in order to avoid the stark reality of our end?  Are the corollary concepts of “Being” and “Nothingness” the fearful entities which engender our vacuous spurts of energetic turmoils in an effort to hold onto one in order to forget the other?

For Federal and Postal workers who find themselves with a medical condition, such that the medical condition begins to threaten one’s ability and capacity to continue working in one’s defined Federal or Postal position, it is the very question of one’s competence and relevance which begins to compel one to 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 vulnerability of age, infirmity, and the deterioration from one’s medical condition, compels one to reflect upon the status and stature of both.  Identification within a community is always an important component for a social animal, and human beings are innately conditioned, whether by DNA determinism or by nurture of upbringing, to find as important one’s “place” within a greater universe of interacting “others”.

For the Federal or Postal employee who suddenly finds that loneliness and isolation compelled by a medical condition is leading to a cold and heartless expungement through adverse actions, increasing hostility and questioning of competence and relevance, the necessity of considering an OPM Disability Retirement application must become a priority by choice.  Let others question through ignorance and self-hatred; the years of contribution speak for themselves, and let not meanness of doubt enter into the soul of one’s confined beauty.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Lawyer: The Disadvantage of the I-Thou Perspective

People tend to expect the best results; and when a Federal or Postal employee files for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the applicant who is unrepresented and prepares, formulates and files the Federal Disability Retirement packet on his or her own believes that an approval is forthcoming at the First Stage of the Process.  Yet, often unaware and unbeknownst to the Federal or Postal applicant, the lack of separation between the I-Thou construct fails to provide a proper perspective of objectivity.

Allow me to expand and explain:  As the Federal or Postal employee who experiences the medical condition (the “I”) is the same person who prepares, formulates and files the Medical Retirement application (the “thou” from the perspective of the U.S. Office of Personnel Management), any sense of objectivity is often lost because the I and the Thou are one and the same person, and the Federal or Postal employee who experiences the medical condition is simultaneously the same one who is seeking an approval of the OPM Disability Retirement application.

Of course, that same scenario is repeated even if the application is filed through a Federal Disability lawyer (in the sense that the Federal or Postal employee still seeks to obtain an approval from OPM) with one major exception:  there is another “thou” perspective included and involved — that of the Federal lawyer representing the Federal or Postal employee who is seeking to have a Federal Disability Retirement application approved.

Objectivity is a crucial component of a Federal Disability Retirement application; that is why so many “silly” mistakes are injuriously embraced without self-knowledge or with disengaged awareness.  It is like the cook who loved the taste of arsenic, and thought that everyone else should as well; and so he sprinkled the deadly poison onto his own food and enjoyed the taste of his own creation, only to slowly die from the feed of his own foolishness.

There are many “kinds” in the arena of foolish endeavors:  There is the “quantitative approach” (“I sent them thousands of pages of treatment records”) which fails to ask the question, Who will read it all?  There is the “trusting soul”:  “I just signed a release and had them send it all directly to my Human Resource Office”.  Then, there is the person of naive disbelief:  “How could they not approve it with the medical conditions I suffer from?”

The problem with all of these is the lack of objective perspective; the I-Thou connection is now given the distance, separateness and objectivity necessary to determine the viability and effectiveness of each and every piece of the puzzle needed to put together a proper Federal Disability Retirement application.  Are there ever any guarantees in life?  No.  Can a lawyer who specializes in Federal Disability Retirement laws make a difference?  Yes.

Fortunately, unlike the metaphor arising from the cook and the salsa of arsenic, there are multiple stages within the administrative process of pursuing Federal Disability Retirement benefits through OPM, and a denial at the First Stage of the bureaucratic pathway is not irreversible, and does not result in the inertia of life rendered by ingestion of substances otherwise tasty but harmful.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Benefits under FERS & CSRS: The Art of Living

The imperfect medical science and taking the option of Federal Disability Retirement

Art is the unleashing of a creative mind, unconcealed to flourish without constraints of physical laws; science, in contrast, must follow the dictates of an objective universe, attempting to understand that which is concealed, unrevealed, and within the mysterious imprint of hidden codes.

Whether medical science is that far removed from latter days of sorcerers and shamans, people can debate; it is, however, the success of modern science and medicine, which establishes credibility with the populace.  But while disciplines rise or fall based upon the pragmatic considerations of success of the last procedure performed, people must go on living — in the face of disciplines yet imperfect.

Bloodletting was believed for centuries to maintain the balance of a person: blood, phlegm, black bile and yellow bile, constituted the necessary elements, and when any single element dominated the others, releasing the over-accumulation required bleeding of the body to regain that equity of humors.  If, in any singular instance of bloodletting, the patient became well thereafter and recovered from the malady, the “success” of the bloodletting would only have reinforced the underlying foundational principle behind the physical act and medical belief.

Living a life is often more akin to bloodletting than to the cold halls of science; for it is within the subjective confines of perspectives which predetermine the actions we often engage.

For Federal and Postal employees who suffer from a medical condition, the years and decades of attempting to “get better” by seeking medical treatment result in an inescapable reality:   If the science of medicine had reached a pinnacle of perfection, filing for Federal Disability Retirement would not be necessary; for, perfection in medicine would equal a cure. But as science is not a perfect principle, and neither is the art of living, so the practical truth is that one must resort to a metaphorical engagement of bloodletting: something in life has to give, and the imbalance of humors of yore is often the stresses of modernity.

Federal Disability Retirement, offered to all Federal and Postal employees under FERS, CSRS or CSRS Offset, is not the perfect option, but it is a recognition that the humors of life are out of balance, and need some bloodletting.

Work is the element which has become “over-accumulated”, and that is why Federal Disability Retirement is like the placing of leeches upon the sickened body:  it may not be the best option, but where art of living is concerned, the balancing of humors is often preferable to the crumbling halls of an ivory tower once thought to hold the key to the mysteries of life’s misgivings.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Employees from the Postal Service and Other Federal Agencies: Things That Go Bump in the Night

The nightmare of filing for FERS Disability Retirement in times of financial, emotional, and medical needs

Whether or not childhood fear and traumas have a long-term impact in determinable ways upon reactive capacities later in life; to what extent regularity of behaviors, consistency of habitual living, and early imprinting mechanisms influence subconscious firings of synapses, remains within the mysterious realm of esoteric knowledge investigated and analyzed by the coalescence of science, philosophy and psychology; but it is the lay person who must, during the process of unfolding discovery and wisdom, live the consequences of actions impacted by others.

Sometimes, however, it is not what others do, but rather, circumstances which manifest of untold trauma and misery, for which no explanation but a shrug of one’s shoulders can presume.  Medical conditions fall into that category.  How one reacts to it; the extent of the impact upon one’s life, livelihood and future; and the preparations one must undertake in order to secure the betterment for one’s life when once you get beyond the condition itself, if ever; these are all concerns and pathways of responsibilities which fall upon a person who suddenly finds him or herself with a medical condition of significant magnitude.

Whether physical in nature — where orthopedic pain, limitation of flexion and movement; chronic pain, profound fatigue, or neurological issues resulting from disc desiccation, internal derangement of joints, etc.; or of psychiatric issues encompassing the many complex diagnoses, including Bipolar Disorder, pain and anxiety issues, Major Depression, depressive disorders; it matters not in the end, for either and both impact those decisions which one must make in determining the pathway of one’s future.

For Federal employees and U.S. Postal workers who find that a medical condition impacts one or more of the essential elements of one’s job, consideration must always be given to filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset.

For Federal Disability Retirement, preconditions and pre-existing conditions matter not; it is not like an OWCP claim where the focus of query may attempt to undermine a claim based upon the origin of the condition; and so the “how” and the “why” are not relevant issues, as in “how did it happen” or “why did it occur”?  The relevant inquiry does not encompass the “time before”; it does not delve into the deep reaches of one’s damaged psyche, or of preexistent traumas in the far recesses of damaged lives.

Whether or not things go bump in the night when once we become adults matters less, than the experiential trauma of having to deal with present issues that impact one immediately.  Taking care of life’s interruptions is a necessary component of living, and for Federal and Postal workers whose future avenue of livelihood is impacted by a medical condition, preparing, formulating and filing for Federal OPM Disability Retirement is of paramount importance.

Bumps always tend to occur in the night; it is what the “thing” is that we must identify and resolve, and what bodes for the uncertain future into which we must venture.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Interruption of Tradition

The common remark against the American culture is that it lacks any stabilizing force of tradition.  That is a fair criticism, given that it has emerged from a recognized “Old World” and designated as the “New World”; and, indeed, it is where cultures and traditions were left behind, in search of a fresh beginning and open opportunities to remake one’s self, the future, etc., and thus leaving behind the past and old ways of living and thinking.

That is the macro-cultural perspective; but within the microcosm of one’s insular universe, the privacy of small pockets of traditions form.  Individuals and families perform acts, engage in daily living and embrace repetitive forms of normative establishments, thereby creating private dwellings of tradition.  Yes, the concept of tradition normally is comprised of the transmission of an established set of values, beliefs, etc., from generation to generation; but if there exists none, and freedom and liberty continually interrupts the constancy of cross-generational transference of the old ways, can one “create” a tradition within a family, a group, or an individual?

For the Federal employee or the U.S. Postal worker, the vacuum of a lack of tradition necessitates finding security and refuge in one’s family and the daily, repetitive connection with one’s Federal or Postal employment. That is why filing for Federal Disability Retirement benefits is often an extremely traumatic event.  Where values and self-identity are formed within the context of one’s employment, and where such identification of self extends for years and decades back to one’s family, the sudden interruption and dismantling of a lifetime of daily routine in performing the essential elements of one’s job, is indeed a trying and difficult time.

If “tradition” is likened to “routine”, and instead of inter-generational transmission of values, it is replaced with a set of constancy of actions over an expansive period of time, then the need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management can be likened to the sudden uprooting of a person who must travel from the “Old World” to the New World.

What devastating impact upon the psyche must have occurred upon arrival to a strange land.  But then, such psychology of trauma must be similarly experienced by the Federal or Postal worker who loves his job, but where a medical condition suddenly necessitates the sudden demise of working for a Federal agency or the U.S. Postal Service; and where one’s self-identity must now change because he or she can no longer perform all of the essential elements of one’s Federal or Postal job. Whether under FERS, CSRS or CSRS-Offset, the Federal or Postal worker who, as a result of a medical condition, can no longer perform one or more of the essential elements of one’s job, can file for, and become eligible to receive, Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Yes, it can be a traumatic event; and, yes, it can be the destruction of a tradition of years of established routines in one’s life. But like the immigrant of old who had to uproot from a land where opportunities faded and starved, the Federal and Postal worker who files for Federal OPM Disability Retirement must look to the future, and follow the sage advice of old, as Horace Greeley is said to have quipped, and to “Go West, young man…”

Sincerely,

Robert R. McGill, Esquire

Delaying the Filing of Your OPM Disability Retirement Application

Delay temporarily suspends for a time in the future; sometimes, at the cost of immediacy of pain, but the human capacity to ignore and obfuscate allows for procrastination to be an acceptable act of non-action.  But certain issues defy the control of delay; medical conditions tend to remind us of that, where attempted suspension of dealing with the pain, the progressively debilitating triggers, or the panic attacks which paralyze; they shake us to the core and pursue a relentless path which betrays procrastination.

For Federal employees and Postal workers who suffer from a medical condition, such that the medical condition prevents him or her from performing one or more of the essential elements of one’s job, filing for Federal Disability Retirement becomes an employment option.

When to file has some room for delay; it is, after all, the underlying issue which must be attended to first and foremost — that of the medical condition.  But the Statute of Limitations in a Federal Disability Retirement case imposes a structural administrative procedure which cannot be ignored.  The Federal and Postal worker who is separated from Federal Service must file a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, within one (1) year of being separated from Federal Service.

So long as the Federal or Postal worker is on the rolls of the agency, the tolling of the statute of limitations does not begin; but once separation from service occurs, the 1-year clock (with some exceptions, but ones which you should not rely upon to subvert the statute of limitations) begins.

Delay for a specific purpose is sometimes acceptable (if one is still on the agency rolls), as in undergoing a medical procedure or seeing if a treatment regimen will work; but delay beyond the bureaucratic imposition of a statute of limitations is never one which should be allowed, as the benefit of a OPM Disability Retirement annuity will be barred forever.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Symbiotic Relationship

In biology, symbiosis refers to the interaction between two different organisms, often benefiting both.  It is the coexistence through the capacity to acquire greater advantage without diminishment and harm to the other, which then allows for the balance of nature to occur.

In other contexts, in differing circumstances or changed environments, perhaps the relationship and the interaction would alter, and the evolutionary forces of nature would impel each to become predator and prey; but for whatever reason, it is precisely the stability of balance in nature which allows for, and favors, such a symbiotic relationship.

By analogy, the relationship between the U.S. Office of Personnel Management and the Federal and Postal worker, whether the latter is under FERS, CSRS or CSRS Offset, enjoys the symbiosis of necessity.  It is precisely for the Federal and Postal worker that the very existence of OPM is maintained; and for the Federal and Postal Worker who requires a personnel action to be processed, the existence of OPM is to the advantage of the Federal employee and the U.S. Postal worker.

For the Federal and Postal worker who suffers from a medical condition, such that the medical condition necessitates filing for Federal OPM Medical Retirement benefits, the enhancement and spotlight of the symbiotic relationship between OPM and the suffering Federal or Postal worker comes to the fore; it is, indeed, precisely a relationship of advantage to both entities and organisms.

Of course, just as in the universe of biological entities (of which the human species is a part of, lest we forget because of our so-called advanced state of evolutionary existence), circumstances may alter, environments may change, and contexts of interaction may convert; and a similar relationship as that between predator and prey may develop.

A denial of an initial application for Federal Disability Retirement benefits tends to do just that; for, suddenly OPM is not just a bureaucratic morass upon which one is waiting for an action to ensue; now, it is an adversary which must be countermanded.

Still, despite the change, and regardless of the alteration of the essence of the symbiotic relationship, where the Federal or Postal worker must then file a Request for Reconsideration within 30 days of the date of the denial of an OPM Disability Retirement application, the interaction must still exist, and necessity of circumstances requires the continuing relationship between the two given entities: the Federal and Postal worker who suffers from a medical condition on the one hand, and the U.S. Office of Personnel Management on the other.

It is by necessity of interaction that the two entities meet; it is by change of context which impels substantive alteration; but in the end, the reliance and dependence of symbiosis remains throughout.

Sincerely,

Robert R. McGill, Esquire