Medical Retirement for Federal Employees: Future Plans Deterred

The common criticism launched against Bishop Berkeley, whether deservedly or not, is that his philosophical positions fly against the common sense of everyday experience.  Of course, it all depends upon how you interpret his position.

His generally-accepted dictum of “Esse est percipi” (no, we will not try and be like the great William F. Buckley, engaging in the well-known habit of interspersing Latin phrases which no one understood but everyone acted like they did; and instead will provide in the next dependent clause the English translation so as not to appear too intellectually prudish) — “To be (i.e., to exist) is to be perceived” — engendered ridicule, confusion, complex rebuttals for justification of untenable positions, and a firestorm of fascinating linguistic gymnastics to explain contortions of philosophical positions.  For, we all believe that there exists, beyond our own perceptions, an objective world separate and apart from the experiential sensations of our own bodies.

One might counter: If “existence” is defined merely by our own sensations, then we should be able to defy the objective existence of the world by numbing our perceptual apparatus.  Thus, if a bus is oncoming, simply blot out our perceptual capacities and when the bus “hits” us — poof! — no bus.  Similarly, when we leave a room, the existence of the room from which we just exited is assumed to still exist despite our distance from it where we no longer perceive it.  In other words, we “believe” that the viability of the objective world does not depend upon our perceiving it.

Thus, the criticism of the statement itself — “To be” (i.e., exist) “is to be perceived” (i.e., that such existence depends upon our perception of it) — is thought to be nonsensical.  It is akin, likewise, to our future plans.  We expect future occurrences to follow upon the path of present conditions.  Thus do we wake up each morning and expect the coffee to taste somewhat like the way it tasted the day before, and the day before that; that when we awaken, the ceiling above is the same color as it was the morning previous; and that the office or worksite we will approach will be there as it was before.  The future depends upon the present; the present is inescapably embraced by the past; and so we walk about in this universe expecting that future plans will be undeterred by unexpected phenomena.  Except, when they are.

Medical conditions do that, don’t they?  They deter future plans because they disrupt what we were before; they alter the scope of who we were just yesterday, or the day before.  The proverbial “room of existence” that Berkeley posited has in fact changed; it is no longer the “I” who was yesterday.

Filing for Federal Disability Retirement benefits under FERS is an attempt to regain the existential “I” of yesterday, in an effort to be able to focus upon one’s health instead of constantly worrying about tomorrow’s future with one’s Federal Agency or Postal Service job.  Consider consulting with an Attorney who specializes in Federal Disability Retirement Law.  It may be that existence depends more upon one’s perception than you think, and that future plans deterred may become undeterred by preparing, formulating and filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: Pretzels of Arguments

Anyone with a thought can argue; of a voice which is louder, more aggressive; of incoherence in an age where logic has been abandoned and rationality of methodological proof is unnecessary, but where one’s “feelings” or whether one belongs to this or that victimized class in and of itself validates the propriety of an argument’s perspective.

“Pretzels of arguments” is a concept which evokes an image — a metaphor of sorts — where one has had to engage in a series of linguistic contortions in order to get from Idea-A to Conclusion-Z.  In modernity, however, the metaphor fails to define the illogical structure of an argument, for methodological soundness is no longer applicable: That is, one need not worry about the missing “middle term” in a syllogism or a necessary nexus between sentences in propositional logic precisely because in today’s methodology (if one can identify it as such) of logical discourse, there are no rules which apply.

Yet, pretzels of arguments still confuse us.  There are those who intentionally aggregate the conflate multiple arguments in order to confound; or, others who simply cannot restrict one’s thoughts into a coherent conciseness and therefore must speak in paragraphs where a couple of sentences will do quite nicely.

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, a necessary condition in preparing, formulating and filing a FERS Disability Retirement application with the U.S. Office of Personnel Management is completion of SF 3112A — Applicant’s Statement of Disability.

Some applicants provide an abbreviated annotation to the questions on SF 3112A (which is probably not a great idea), while others provide a voluminous account in response to the questions, going on for pages upon pages in pretzels of arguments that can confuse and lead one into a morass, lost in a forest of language (also not a great idea). SF 3112A should be completed with thoughtful precision — of providing enough information for an approval of a Federal Disability Retirement application, while leaving out unnecessary and confusing information.

Leave the pretzels of arguments for friends and family when holiday gatherings need some confusing diatribes in order to avoid the two rules of pleasantries: leaving politics and religion — those two subjects where pretzels of arguments are most needed.

Sincerely,

Robert R. McGill, Esquire

 

 

FERS & CSRS Disability Retirement from the Office of Personnel Management: Predictions

How did the first person accurately predict the oncoming change of weather?  Of course, some would contend that no one has accurately predicted such a thing, and would scoff at the thought.  Was it merely by observation?

Why did logic not overtake the attempt at prediction — of Hume’s contention that there is no such thing as a “necessary connection” between cause and effect, but merely a repetition of events that can be defied when, in the next instance, what one expected may turn out to be wrongly presumed?  Or of other events — of the outcome of a contest between two teams; of great horse races, the Triple Crown, or even of Olympic events: Can accuracy of predictions be statistically enhanced by observation, analysis, careful scrutiny and always with a bit of luck included?

And in the field of medicine — is a “prognosis” the same, or similar to, a “prediction” of sorts?  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, the requirements necessary in preparing, formulating and filing a Federal Disability Retirement application under FERS, CSRS or CSRS Offset includes a “prediction” of sorts — a prognosis that the medical condition will last a minimum of 12 months from the date of the application.

This does not mean that a Federal or Postal worker must wait for 12 months to establish that the medical condition itself will last that long, but merely that the medical condition itself will last a minimum of 12 months from the time one applies for Federal Disability Retirement — which, as a practical matter, makes sense because it takes about the same amount of time, on average, to get an approval from the U.S. Office of Personnel Management, and there would essentially be no point in filing if, upon an approval, you no longer suffer from the medical condition itself.

A “prognosis” is, indeed, a type of prediction, and most doctors will be able to provide “within a reasonable degree of medical certainty” as to the lasting effects and enduring nature of a medical condition, based upon experience, analysis and clinical encounters.

Now, as for the weather…

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation Federal Disability Retirement: The running of days

How does it happen?  Where did it all go?

One day, you are a young man or woman, full of promises and hopes, dreams that defy any limitation or restriction of potentiality yet to be unleashed; and the next, an old man or woman, rocking back and forth, awaiting the grim reaper with its scythe and faceless chasm of darkness and despair.  In between, of course, there is a memory – of a blur, a constant rush from this activity to that, of emergencies, turmoil and tumults, of the proverbial peaks and valleys; in short, it is called “living life”.

It is the running of days, one upon the other, one mixed into the two, then weeks, months and years, and finally decades that turn into a half-century.  Was it all worth it?  Did we stop and perform that salient act that became so popular during the 60s – of stopping to “smell the roses”?  And if we did not, what wisdom was gleaned from the lack thereof, the absence of pause, the semicolon of interludes?

Or, did we follow upon the admonishment stated in that 1974 folk song by Harry Chapin, “Cat’s in the Cradle”, where all we did was to teach our kids to be “just like me” and roam the universe in search of meaningless trope and allowing for the running of days to overtake us?

Or is it simply that our memories fail to serve us, and there were many days and some months where enjoyment, relationships and meaningful engagements were in fact embraced, but that the living of life often erases, smears and obscures such that our recollection is so cluttered with valuable connections and so consumed with overflowing “moments” that we just cannot even contain them anymore?

The running of days is ultimately just a metaphor, like running water and leaks that just keep on; but it is one that sometimes needs fixing, and it is the repair work that often cannot be performed within a lifetime of such disrepair.  Regrets hit us all, but the greatest one that never seems to close the wounds of time is that one where time was wasted upon frivolous acts of unrepentant entanglements.

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, the other proverbial saying is that one which refers to “spinning one’s wheels”, and yet knowing that no good will come out of staying put.

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, may be the only solution left to a career that has come to a standstill.

Medical conditions tend to trigger a running of days – where the chronic pain or the illness extended seems to make no difference or distinction whether it’s a weekday or a weekend, and the only way out of such a mirage of misgivings is to “move on”; and as filing an OPM Disability Retirement is often the best and only option that can accomplish that, given the timeframe that it now takes to get an approval at any stage of the bureaucratic process, it is probably a good idea to file sooner than later in order to get ahead of the running of days.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: A Return to Basics

Every few decades, there is a “new” movement which upholds the divinity of returning to the foundational core of one’s existence:  of going back to being a farmer; living a life of an ascetic; stripping away all “unnecessary” accretions and accoutrements deemed as vestries of comfort and “bourgeois” by definition (whatever that means); or, in common parlance and language more amenable to the ordinary person, living more “simply”.

The perspective that such a “movement” is somehow “new” is of itself rather an anomaly; but then, each generation believes that they have discovered and invented the proverbial wheel, and all such past epochs were mere ages of primitive imbecility.   And, perhaps, we are once more in that familiar circle of life, and such a movement has beset the quietude of modernity, again.  As such, let us return to the basics:

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the Federal or Postal employee may need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the “foundational” eligibility criteria needs to be met:  For those under FERS (Federal Employees Retirement System — or the “new” system sometime around 1986 and thereafter), the Federal or Postal employee must have a minimum of 18 months of Federal Service in order to apply.  For those under CSRS, the accrual time is 5 years — and, as such, anyone under CSRS would presumably have met that basic requirement, although a CSRS employee with a long “break in service” could potentially fall short, but that would involve a unique set of circumstances rarely seen.

Further, the Federal or Postal employee who sets about to file for Federal Disability Retirement benefits must either be (A) a current employee (in which case he or she would file first through the agency’s Human Resource Office, then to be forwarded to OPM, (B) if not a current employee, then separated from service not more than 1 year (as the Statute of Limitations in filing for Federal Disability Retirement requires that a former Federal or Postal employee file directly with OPM within 1 year of being separated from service), (C) if separated from the Federal Agency or the U.S. Postal Service, but not for more than 31 days, then to file with one’s former Agency, and (D) if separated for more than 31 days, but less than 1 year, then refer to (B) and file directly with the U.S. Office of Personnel Management in Boyers, Pennsylvania.

These are some of the “basics” in filing for Federal Disability Retirement benefits.  There is much, much more to the entire process, but then again, if one were to expand too far astray from the foundational core of the “back to basics” movement, one would be a hypocrite for allowing the complications of life to accrue beyond the essential elements of life — of water, food and shelter or, for the Federal and Postal employee filing for Federal OPM Disability Retirement benefits, whether under FERS, CSRS or CSRS Offset, the bridge between one’s position and the medical conditions one suffers from.  Go figure.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Misfit

The herd mentality must of necessity have a survivability factor; otherwise, there is little to explain the illogical repetition of the historical recurrence of human folly for behavioral anthropology.  In the modern era, being “different” is a sign of rebellion, and the cultural tidal wave of the Sixties in altering the normative landscape of music, art, religion and social customs, revealed the pinnacle of self-destructive behavior — until it became clear that being a misfit itself was merely the convention.

Behaving “normally” means that one does not make “waves”; in a highly bureaucratized society, the importance of non-innovation and complete compliance is regarded as sacrosanct.  Loud, boisterous behavior; conduct outside of the normative inflexibility of societal perspectives; that which is acceptable as quirkiness or eccentricities, as opposed to destructive explosions of tendencies bordering upon insanity; the invisible line between the misfit and clinical commitment to a psychiatric facility is a thin reed, indeed.

Often, however, it is uncontrollable circumstances which impose upon an individual the unwanted label of being an “outsider”.  Medical conditions often have a tendency to promote such a state.  It is like being labeled a plague-carrying contagion by the CDC; once whispered, the rumors begin to spread.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent one from performing one or more of the essential elements of one’s job, being labeled a misfit becomes a “given”. Others begin to shy away from an association; some are told bluntly not to have contact with “that one”.

Loss of normative acceptance within any community or society is an important factor for success; somehow, despite all of the legal safeguards, EEO regulations and protective statutes applying to disabled individuals, the herd mentality of yore nevertheless prevails.  For Federal and Postal workers, the only pragmatic exit is to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset.

Is it a retreat or an escape?  Not really; rather, just a means of looking out for one’s own best interests.  The medical condition itself should always be paramount in considering one’s life; attending to it properly means that one must have the time and energy to treat the underlying malady; and continuing in an employment atmosphere where acceptance is avoided, and empathy is rare, is also an unstated definition of engaging in self-flagellation.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Benefits: The Wind-Up Man

Before the age of batteries and electronic sophisticates, there were wind-up toys.  Mere mechanical wonders involving hidden spring actions and tightly wound coils for deliberative unwinding to propel movement, they betrayed a sense of wonder for their independence once released by the child’s hand.  But the movement stopped; the unwinding of spring actions released to their full extent; and further human involvement was necessary.

In stage plays of yore, what amounts to a “deus ex machina” required intervention; and so the thumb and forefinger would grasp the flat key inserted in the back of the toy, and wind it up all over again.  Many of us feel a kinship to such a descriptive process; the “winding up” may involve an unseen hand, but the rest feels eerily similar.

Medical conditions tend to magnify such a state of feeling; for, like the wind-up toy of childhood joys, the need for an intervening hand is required of both.  But for the Federal employee or the U.S. Postal worker who needs to go home for that restorative sleep, or that 3-day weekend in order to regain a semblance of stamina for the week ahead, whatever winding up process may occur, is never enough.

Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s positional duties, often find that — as each time the “winding up” process takes place, it becomes less and less effective, and more and more necessary to keep going back to the source of intervention — and so the vicious cycle ensues.

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 never the “total solution” to one’s medical problems; but, at the very least, it allows for one to reach that plateau of restorative rest, in order to recuperate.  As the wind-up toy must come to the end of its uncoiling mechanical actions, so the Federal or Postal worker who can no longer continue in the same manner, must consider options available to him or her, and filing for Federal Disability Retirement benefits is certainly an alternative to consider.

Sincerely,

Robert R. McGill, Esquire