Federal Employee Medical Retirement Law: The Murakami Watch

Perhaps, with the success of the movie, Drive My Car, he will finally be honored with the last accolade withheld: Nobel Prize for Literature.  Each year, thousands in his home country await with bated breath, expecting his rightful claim.  He has won every other prize; pronounced as the writer who should be honored with the highest literary acclaim; but each year, the despair felt by Murakami watchers is palpable.

Will he get it next year?  Abdulrazak Gurnah “stole” it this past year.  Sigh.

And what will the thousands who gather each year, hoping that this will be the year — what will they say if again he is robbed, left unrecognized, unexplainably ignored, shunned aside, left empty-handed, perennially stripped of the dignity which would cast him with the eternals like Hemingway, Sinclair Lewis, Pearl Buck, T.S. Eliot, Faulkner, Camus, Steinbeck, Morrison… but where is Willa Cather, the quintessential writer who wrote about the heartland of America?

There have been many, many deserving authors who never won that most coveted of prizes, and that is merely a reflection of life itself — that we don’t always get what we believe we deserve, or of what others may deserve, and it is interesting how the thing we do not have is what we yearn for most.

For Federal employees and U.S. Postal Service workers who suffer from a disabling 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 Murakami Watch is probably a mere nuisance of an issue.

Health, in the end, is more important than whether or not any given author should or should not receive the pinnacle of literary prizes; and health is the one thing that, when lost, itself becomes the coveted item.

Contact a disability lawyer who specializes in Federal Disability Retirement benefits under FERS, and while a Federal Disability Retirement annuity may not in and of itself give you back your health, it will give you the time to try and recuperate and regain that most coveted of prizes.

As for the Murakami Watch?  Sit back and enjoy it from both sides of the spectrum: If you don’t like Murakami’s writings, relish the yearly denial; and if you love his writings, wait with bated breath for this year — and the next.  At least you can enjoy the camaraderie of shared despair and loss.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

OPM Disability Retirement under FERS: Perfection in an Imperfect World

Other people are perfect; we, knowing the private imperfections abounding, can only project an image of perfection, and nothing more.  For, anything beyond a facade of perfection would make us either delusional or incredibly self-deceptive.

The “I” can only go so far in pretending to be perfect, precisely because self-knowledge of the multiple imperfections precludes such a false characterization of one’s self.  You, on the other hand, can be perfect.  Of course, my self-knowledge of myself logically concludes that the statistical and pragmatic chances of you being perfect are probably nil.

Nevertheless, based upon the facade you present of yourself, the pictures on your website, the perfect smiles on Instagram, etc., allows me to engage in the fiction you have created — of perfection in an imperfect world.

Similarly, there are no perfect Federal Disability Retirement applications.

Every FERS Disability Retirement application is a picture of imperfection, precisely because human beings who suffer from a medical condition never act in perfect ways in an effort to obtain a Federal or Postal Worker Disability Retirement benefit.  However, the U.S. Office of Personnel Management reviews all cases based upon the criteria of perfections — as to whether or not you perfectly meet each and every one of the legal criteria in a OPM Disability Retirement application.

Contact a Federal Disability Retirement Attorney who specializes in OPM Disability Retirement Law and see whether or not a “close-to-possible” perfection can be attained in preparing an effective Federal Disability Retirement application, to be submitted in an imperfect world.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Accommodations

In everyday, common and familiar usage, what does the word “accommodations” mean?  It is to go out of one’s way in order to meet the needs of someone else.  It is to try and allow for another person to fit in, to find comfort or to be allowed to remain even though some extra effort may have to be expended.

In legal terms, especially in Federal Disability Retirement Law under FERS, the term “accommodations” has a similar meaning and import.  It is that “something” which the Federal Agency or the Postal unit must do such that a person who suffers from a medical condition or disability can continue to perform all of the essential elements of one’s Federal or Postal job.  It may well be that the Federal Agency or Postal Service is unable to accommodate the medical condition and, try as they might, a determination and conclusion is made that no such accommodations exist, or can be allowed for, because of the nature, extent and severity of the medical condition itself.

The “accommodation” question is one of the hurdles that must be overcome in a Federal Disability Retirement application.

It is a complexity in Federal Disability Retirement Law that poses many problems and greater questions.  Is the accommodation permanent or temporary?  Will it allow for the Federal or Postal worker to perform the essential elements of his or her position?  Can a future supervisor “take back” the modification allowed for, or does it become a permanent feature of the position description?

These and many other questions surround the issue of agency efforts for reassignment and accommodations, and in order to obtain clarification and move forward in a Federal Disability Retirement application, consult with a Federal Disability Attorney who specializes in FERS Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Putting it all together

It is the disparate and disconnected narrative that often remains deficient — just short of the finish line and like the runner who suddenly steps upon a pothole on the road to the ticker-tape parade, the discombobulation that ensues can throw the entire coordination off, where feet become entangled and the arms fail to swing in rhythmic motion.

Have you ever watched how some runners have perfect coordination — arms swinging in cadence, the effortless motion of the legs, like the “feel” of silk upon a windy day where nothing gets entangled and everything is in perfect synchronization of timeless beauty?  Or, what of a child who has just begun to walk, trying to run — are they not all legs and arms bundled into a web of discord?

Putting things “all together” is like the runner who must coordinate breathing, arms in motion, legs in cadence and eyesight in guiding — of a perfection reached in order to arrive at a destination point called “the finish line”.

For Federal employees and U.S. Postal workers who need to file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the key to a successful outcome is partly based upon coordinating all of the elements into a synchronized whole — of the medical records and reports; the Applicant’s Statement of Disability (as reflected on SF 3112A); of the legal arguments to be made and referenced, both as a shield (e.g., of preemptively countering any claim by the Federal Agency or the Postal Service that an “accommodation” has been provided) as well as a sword (e.g., asserting the Bruner Presumption where applicable, or the due consideration that must be given to VA Disability Ratings, etc.); and all of the other details besides.

“Putting it all together” may seem like an effortless feat for an experienced runner, but for the Federal or Postal employee who is suffering from a medical condition, who must put a Federal Disability Retirement packet all together, some assistance from an experienced “runner” — an attorney who specializes in Federal Disability Retirement Law — might be in order.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Life’s mortgage

We all know well the concept behind it – of borrowing against the object itself, in order to “half-possess”, occupy and enjoy it presently against a future promise that it will be paid over an incremental period of time.  Sort of like life itself, or at least of one’s health.  Borrowed time; life’s mortgage; banking on a better tomorrow; relying upon a promise being kept based upon today’s favorable circumstances over a lengthy period of time well into a future we can never be certain about.

Yet, because the collateral is the object itself – normally, the house that is being mortgaged – the loaning institution actually doesn’t take any gamble at all, even if the value of the collateral plunges below the agreed-upon amount to be paid; one is still obligated, no matter what.

It is sort of like life’s challenge itself – of the promise of a promising life based upon an anticipated health that will last until the day when one is suddenly gone.  But life doesn’t always work that way, just as the mortgage, lien and promise of financial growth doesn’t quite always fold out as planned, like the scrolled blueprint that keeps trying to roll back into an obscured cylinder with each attempt to lay it flat.

Sickness occurs; health deteriorates; the 30-year mortgage that was promised at the onset of the contract signed doesn’t unfold as anticipated, and sometimes a default occurs – like the health that deteriorates and the career that must be ended.

Federal Disability Retirement is a benefit accorded to all Federal and Postal employees under FERS, CSRS or CSRS Offset, based upon the idea that recognizes that while a long-term commitment to a career is reasonably anticipated, there are instances where such a commitment may need to be modified in the event of failing health.  Unlike the bank’s position in a mortgage-relationship as lender-to-borrower, however, it is not quite all that one-sided.  There are options still open.

Thus, because Federal Disability Retirement requires only that a person be unable to perform one or more of the essential elements of one’s position being occupied, the Federal or Postal employee is allowed to go out into the private sector and work at a job somewhat dissimilar (so long as there are “essential elements” which are not identical to the former Federal or Postal position), and make up to 80% of what the former Federal or Postal job pays currently.

For, in the end, life’s mortgage is unlike the home mortgage where the lender holds all of the proverbial cards; at least for the former, the great thing is that the reliance is upon the capacity of man’s ability, and not upon the fine print hidden within the banker’s contract.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: Was it all worth it?

It is that penultimate question – the one that has multiple cousins and unwanted siblings, illegitimate off-springs and uninvited guests, like:  What is the meaning of my life (refer to previous posts concerning Russell’s quip that such pedantic queries are often the result of indigestion)?  Did I do the right thing (such lines of interrogatories often emerge from a guilty conscience, so you might not want to ask that one)?  Did I spend enough time with my kids (almost always, “no”)?  Did I remain true to my marriage vows (sadly, according the statistical analysis, most people would have to answer in the negative)?  Have I behaved honorably throughout (it would depend upon the definition of the term, and of by-the-way, we tend to have private dictionaries defining words these days in a subjective, self-serving manner)?

“Was it all worth it” goes in so many directions, it is like the catch-all phrase or the “general aegis” over which all other questions and queries reside.  To whom?  By what measure?  In contrast to what other “it”?  And the more important one: Can we clarify and “flesh out” what the “it” refers to?

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prompts a need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the interrogatory itself often means that the point of “worthiness” refers to the delay and loyalty shown by the suffering Federal or Postal employee before taking the next needed steps in preparing an effective Federal Disability Retirement application.

Often, to the detriment of the Federal Disability Retirement applicant, such a query means that you have already pushed yourself well beyond that which is actually for your own good, and while loyalty, faithfulness, hard work and such similar attributes are laudable and “example-setting” characteristics reflecting well upon the one who asks the question, the answer may be – at least from a medical perspective – formed in the negative.

For, isn’t part of the point in filing a Federal Disability Retirement application to do so before the medical condition gets to such a severe crisis point of deterioration so that there is actually a retirement to enjoy?

Remember that the standard of proof in obtaining a Federal Disability Retirement is not to reach a state of “total disability” (which is the standard in a Social Security case); rather, it is to show that the Federal or Postal employee cannot perform one or more of the essential elements of one’s position.

Thus, when you ask the question, “Was it all worth it?” – it is indeed important to know what the “it” refers to, both in the second word of the question as well as the fifth and last.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement Benefits: The Diary

Many begin the process at an early age, then abandon it with little remorse or afterthought, as a worthless project discarded for want of inherent value; and when, years and even decades later, it is discovered behind a bureau or a secret cubbyhole where trinkets and memorabilia retaining an eternal aura of privately precious remembrances are stored away, we shriek with joy as if the lottery had been won, a proposal has been declared, or a camouflaged vault containing the mysteries of gemstones and valuable cadavers had been pried open with but the wishes of gold pots at the end of a rainbow.

Then, as we turn the pages and delight in the innocence of bygone days, we regret that early abandonment turned away the gleeful idealism of a youth now a stranger, a mind intimately once known, but somehow forever a mirrored reflection of an identity of the same historicity in time and element, but yet in a parallel universe now non-existent but for memories kept securely in the destined vault of youthful summers.

Blank pages which abruptly reveal the terminal secrecy of thoughts and activities recorded once as sacred incantations of mysteries foreboding; whether of loves begotten or turmoils annotated in cloaked tears when others had retreated to the privacy of a house appearing in mirth, but ignoring the secret lives even in the midst of intimacy; now from the perspective of wisdom and maturity, do we laugh, or yearn for that innocence lost and the extinguished glow of naive eyes now dim with the experience of calloused beatings?

In more recent times, of course, we are told that one can actually lie to one’s self in a diary; but our own experiences tell us with greater certainty than the world can accord, that the tattered pages of bygone memories reveal truth as never before declared, and moreover, there is nothing more precious in life than the self-confessions of a heart once pure, only to be consecrated into the malignancy of a world which cares little.

It is, indeed, that transition from writing to the imaginary character of one’s own creation, to the intermediate level of testing the waters of reality, then to be pushed into the manifold chaos of the greater world, that constitutes the sin of destroying the human soul.  But that we could turn back the hands of time and reenter the hallways of innocence; but, no, that would mean that the womb of our essence would be revisited, and the soil of our own impurity would desecrate the purity of those precious memories we safely tucked away.  Then, one day, we open our eyes and we have “grown up”; and nowhere is there any room for such foolishness as hearts which once poured out for yearning of innocence betrayed.

Federal employees and U.S. Postal Service workers who suffer the inequities of workplace hostility, harassment — no, let’s just use the singular word which is simple, outdated, but still relevant — “meanness“, as in the child who has just had enough, screws up his face and cries out, “You are just plain mean!” — know of the experiential desecration of humanity, when a medical condition becomes revealed, and others who were perhaps identified “friends” and coworkers suddenly turn the proverbial “cold shoulder” upon the vulnerability opened, as a wound wrapped but now exposed.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, is not unlike the youthful abandonment of the innocent diarist from bygone days.  For, like that abandoned project scoffed at for want of perseverance or perhaps plain boredom, it is the treasure found at the end of the process which resuscitates the goals once considered and the future to be embraced; and, in the end, there is a difference between regret for a childhood forever gone, and a later stage now delivered, but where broken promises are ignored with a twinkle of a child’s forlorn gaze.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: From Whence We Came

It is often quipped that the advantage of human psychology is in our short memories; otherwise, we would walk around with greater angst than we deserve.  The accomplishments achieved; the accolades left unstated; perhaps in menial tasks or ones of recognized significance; but in any event, a career, all told, which spans a decade or more, will always have a sense of achievement, if only for the steadfastness of commitment itself.

In this day and age, where millennials change jobs as often as infants of diapers, the career of a Federal or Postal worker which spans multiple decades is an anomaly itself.  Whether the goal was to make that 30 years, or simply because the Federal or Postal employee liked what he or she was doing, matters not.  Commitment in and of itself is an achievement.  Thus, when a Federal employee’s or a U.S. Postal worker’s career is cut short because of a medical condition, such that the medical condition necessitates the 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, the regrets foretold or the dismay of a career cut short, should always be replaced with memories from whence we came.

Staying with a Federal or Postal job for so many years reveals a steadfastness of purpose; but where priorities intersect and interrupt, especially when it comes to one’s health and future security, filing for OPM Medical Retirement benefits is meant to salvage such a Federal career by allowing for an annuity to stabilize one’s future, and to consider taking that experience one has amassed into the private sector for a possible second vocation.

Memories; they are funny animals; and for humans, allows for visualization and imagination from whence we came.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Lawyer: Insular Delusions

The advantages of holding one’s own counsel are multiple:  little internal strife; dictatorial rule; decision by fiat; complete control and dominance; no blame can accrue to others.  The downside, of course, are just as numerous:  no input from others; the limitation of new ideas, constrained by the perspective of one’s own thoughts and concerns; the fool’s impropriety of listening and following one’s own judgment; little to no brainstorming.

Judgement and decision-making by singular counsel has worked well in countries, corners and civilizations which respond subserviently to dominance and domineering.  But when the populace begins to realize that the emperor is not as wise as once thought (or declared by fiat to be by the dictates of the royal palace, issued in blaring tones and trumpeted daily in printed leaflets used by the peasantry for bookmarks and beddings), then the rumblings of a hunger beyond mere need and wants begins to pervade.

Insular delusions occur because the holding of one’s own counsel ultimately results in a circularity of logic and judgment, and unless new and fresh perspectives are allowed in, self-immolation is the resulting loss of vigor and vitality.  Further, when a deteriorating force begins to gnaw away, such as an unexpected medical condition, then sound judgment and rational perspectives give way to exaggerated and exponential quantification of fear and paranoia.

For Federal employees and U.S. Postal workers who need 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 decision-making process should always include counsel outside, above, beyond, and objectively-attained, in making decisions about one’s future and security from the ravages pending by one’s agency or the U.S. Postal Service.

Federal Disability Retirement is not just about securing one’s future; it is, moreover, a matter of establishing a capacity of reaffirming one’s potential in becoming employed, without penalty, beyond the Federal sector; of making sure that one’s accrued Federal time in-service is not for nothing; and to ensure that one’s rights have been protected in order to move forward into the future.

Insular delusions occur when an individual retains the sole counsel of one’s own accumulated wisdom; but as wisdom is not merely the aggregate of one’s own opinions and perspective, the delusions which follow are like the windmills of old where knighted grandeur resulted in the myth of Sisyphus, where the toil of rolling a boulder up the hill of agony left one depleted in the soul of the absurd.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Attorney: The Cauldron of One’s Past

The oversized iron pot hangs over the open fire, and the gurgling of ingredients steams and burps the lid in predictable sequences of rhythmic timing; the aroma is an admixture of sweet and mysterious combinations of one knows-not-what; perhaps of bones, marrow and herbs, here a whiff of something which touches upon the dark recesses of one’s memory, and there a hint of harboring horrors, reminding us of past deeds and loathsome reminiscences.

The figure who stands hunched over the source of pervading uprisings, is covered in a dark shawl; a bony hand gripping the large wooden ladle, mixing, turning, crouching over to sniff and taste; and from the chasm of the figure’s hollow mouth, toothless and echoing a chamber of snorting chafes, the sigh of satisfaction emits, as the cauldron of one’s past is ready to be served.  And so the story goes.

Who among us would want the fullness of one’s past and history of deeds to be revealed?  What pot would hold the full taste of one’s misdeeds, private concerns and actions engaged?

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits, the process itself sometimes feels like one is forced to partake of a witch’s brew — who will be in the mix?  What private information will have to be revealed?  When will the pot of information be ready?  Who will mix the ingredients?  The mysteries contained within the mixture of the witch’s brew is indeed terrifying.  Every process which is unknown and, moreover, unknowable, is one fraught with concerns and trepidation of purpose.

For Federal and Postal employees under FERS, CSRS or CSRS Offset, the decision to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is like the witch’s cauldron — it must bring to the fore one’s current circumstances (the medical condition), the impact upon the future (finances, future job prospects, etc.), and potentially the confrontation with one’s past (agencies love to do that).

The key is to understand the complexities of the administrative process, and to maneuver through the bureaucracy of the witch’s brew.  In doing that, one must always be cognizant of the cauldron of one’s past, and keep out of the reach and grasp of those bony fingers which reach out to encircle one’s throat, lest you become an ingredient in the admixture of the skeletons found at the bottom of the pot.

Sincerely,

Robert R. McGill, Esquire