FERS Disability Retirement: The subtlety of first light

Have you ever stood outside when first light breaks upon the darkened grounds?

How you struggle to see as your feet stretch forward with trepidation, unsure because of the shadows that befall, and with squinting eyes and a deepened sense of sleepiness, you struggle with the dawn of pre-dawn solemnity; and then, with such creeping imperceptibility, the world around begins to come into focus like the steamed mirror that suddenly lifts to show a reflection of a man standing and staring back at you; and the world in its sharp clarity unravels and manifests with a form of Being in its truest essence of Being.

When does the subtlety of first light sharpen into an image of unmistakable lightness of Being?  Can you ever pinpoint the moment?

It is always the incremental nature of beauty that creeps upon us, like the stealthy impact of the perfect word, the unannounced comma and the hyphenated pause; or like medical conditions that begin with a slight unease, evolve into a nuisance and become a chronic presence that just won’t go away.

Perhaps you cannot point to a particular day, or even a period when you first noticed that you could no longer perform one or more of the essential elements of one’s Federal or Postal position?  Like the subtlety of first light, there is no way to quantify the precise moment where darkness and light once clashing became the dominant force of visual clarity when once dawn reached beyond the rim of the universe?

Yet, on Standard Form 3112A, Applicant’s Statement of Disability, it asks the question when you, as a Federal or Postal employee, first became disabled — i.e., unable to perform one or more of the essential elements of your Federal or Postal job.  It is an important question and should not be lightly answered; for, there can be some dire legal consequences if you put down the “wrong” answer.

A “misstatement” can come back to bite; both in monetary terms, as well as providing a basis for an inconsistency where the U.S. Office of Personnel Management can use it selectively, as they often do, and extrapolate from other sources and argue that the inconsistency is more than mere coincidence, but a deliberate attempt to mislead and obfuscate.

And like the subtlety of first light, the answer to a question posed on SF 3112A is more than a fight between light and darkness; it is a question posed that may determine the success or failure of a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: The waiting room

We have all experienced the psychology of the cursed “waiting room” — that place which is assigned as the “intermediate” lull, like purgatory for the virtuous-to-be, where they think that by making you believe that you have now been chosen to wait in a separately sequestered area, your patience will become refreshed and you will allow for another lengthy wait.  The psychologists have it all figured out, don’t they?

First, you are left to wait with the “rest of them”; then, your name is called, and you leave those who have been waiting just as long, or some even longer, with a smug smile, thinking to yourself, “Whew, finally!”  But that sense of relief is short-lived, for it becomes clear that the room you have been lead into is merely another surreal suspension of reality’s cruel viciousness — for, this is merely an intermediate form of torture: The Waiting Room, where the real wait begins.

Somehow, the psychologists have figured out through studies conducted that patients, clients, potential customers, etc., will tolerate quite a bit of waiting so long as there is an “interlude” between waiting periods.  So, say you are at first forced into a queue with a group of others — the studies have revealed that 20 – 30 minutes is the maximum before agitation begins to manifest itself, unless you are “selected” and sequestered into a separate queue where your tolerance for a further waiting period can begin anew.

Of course, in reality, nothing has changed — it is simply that your waiting has been transferred from one area to another.  Can this occur multiple times?

Apparently, the studies have shown that, yes, so long as the logistics of the waiting period have been altered — as in, say, after 20 minutes for the 2nd waiting queue, a nurse walks in, looks at you and places a folder into the filing basket attached to the door.  Somehow, that momentary interruption focuses the waiting individual that your time is approaching, that we have not forgotten about you, and you will soon be seen.

The psychology of intermediate contacts increases one’s hope for the end of the waiting period, despite the fact that the same waiting period continues — it is just that the hour’s wait is broken up into segments of three 20 minute slices, and that, according to all of the psychological studies, makes all the difference.

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, one of the frustrating aspects of filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS offset, is the long and arduous wait that must be anticipated before a decision is made.

Expect the worst; hope for the best.  There are multiple stages to the process — of the Initial Stage; of the Reconsideration Stage; of an Appeal to the Merit Systems Protection Board; and even of a Petition for Full Review before the MSPB.

Thus, if you took all of the multiple stages, the “wait time” is tantamount to the slicing up of that very “wait time”, and the best way to give yourself the benefit of a higher percentage of success is to make sure that you increase your chances of getting it approved at the Initial Stage by consulting with an attorney who specializes in Federal Disability Retirement Law, lest you remain fuming in the Waiting Room where everyone else taps his or her foot while the collective blood pressures continue to rise.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement Program: Word Piles

The etymology connotes the Biblical narrative found in Genesis, generally referred to as the Tower of Babel; in that case, not of words, but of civilizations attempting to reach the heavens in order to breach the power of the universe.  But Babel was more than the diaspora of a rebellious cabal of God’s children gathered to defy and deface; it had to do with evil, impure intent, and the conspiracy of human depravity in the face of a pure heaven and the violation of man’s sacrosanct relationship implicit after the metaphor of the Great Flood.

Words, likewise, hold such a contractual connection.  They were meant to convey the differentiation between Truth and Falsity, and to correspond to the objective universe in communicating the worth and beauty of a sanctified world.  The defamation of that level of spiritual relationship was violated not because of the tower’s construction; rather, Babel’s unanswerable sin had to do with the depravity of the human heart, and the essence of a soul’s darkening.

Whatever the motivation of the gathering’s aggregate will never be known; and of individual reasons for participating in the construction of such a structure, we can only guess at; but what is clear is that the response was one of anger, and such reaction must have had a reason:  the dispersion was both an explanation of the state of current affairs, a forewarning for any who might consider future similar actions, and a consequence of man’s violation of a once-sacred right.

Modernity suffers from a parallel state of affairs.  Though clinging to the paradigm of a Darwinian explanation of human history, and devoid of everything spiritual, mythological or generational transfers of traditional narratives, the metaphorical pile of words we amass reflect not just an attempt to become gods ourselves, but in the very process, to rebel against the very foundation of what words were meant to accomplish.

Once upon a time, in the flickering shadows and glow from fires where the village gathered to hear the storytelling ancients of the town historian, sorcerer and magic healer, the traditions carried forth from the inception of timelessness into the mysteries of the heart would pierce like the spear of the warrior, and children listened with wide-eyed wonder at the shaman who effortlessly rolled the tales from tongues emitting not mere sounds, but images and shadows of pictures more frightening than the lion’s roar or the wild boar’s tusks.

Words spoken, meant something, then.  Truth was bundled in the very telling of the tale; and falsity reflected the depravity of man’s heart, confounded by the loss of innocence in a world gone mad.

We can still get a sense of that — that encounter with words, meaning and truth; and, indeed, for Federal employees and U.S. Postal workers who must convey facts, circumstances and narratives of human experience when preparing, formulating and 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, the piling of words upon words must convey a test of reality, and a dose of the shaman’s storytelling.

Preparing a Federal Disability Retirement application is, in the end, not just creating a word pile; it is to communicate the essence of the human condition in a world which often fails to listen, and refuses to hear.  That is why it is important to formulate it effectively, accurately, and with a coherence beyond mere word piling, lest the fall be a cloud of dust greater than the collapse of the Tower of Babel.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The numerical veil

Statistical constructs indicate group shifts and movements; numbers, based upon controlled samplings, provide the substantive fodder for analysis of trends and patterns of population deviancies.  There is, however, the question of the incommensurate nature between mathematical paradigms and linguistic application; stated more simply, Do numbers hide more than reveal, and can anything be extrapolated from them and interpreted in terms we can understand and comprehend?

To a winner of the lottery, the numerical phantasm “one in a billion” remains meaningless; and to the dismissive statistical irrelevancy stated in language more readily comprehended, that there is a greater chance of dying in an automobile accident than from a shark attack, becomes inconsequential and of little comfort if you are laying in a hospital bed with a good part of your flesh missing from such a traumatic event.  That’s the problem with numbers, of course, and the use, misuse and abuse of statistical analysis; in the end, it depends upon how it is used, the methodology of discourse, and the manner of application.

To be hit by lightening may well be more uncommon than death by drowning, but if your job is to be a caddy for an eccentric billionaire who enjoys golfing on days of severe weather patterns, the generalizations ascribed by comparative mathematical analysis may be somewhat skewed.  And, of course, for romance of young couples who scoff at divorce rates and patterns affirmed by celebrity lives and the cultural meltdown pervasive throughout, the lack of life experiences, the want of provocation through trials and turmoils yet to be encountered and not yet encumbering, allows for hope, charity and a sense of optimism despite the universe which surrounds of cynical diatribes.

We take comfort in the veil of numbers, precisely because we can manipulate them in the ways we want.  Facing a bleak outlook, we can justify resistance with a dismissive wave of the hand (or that invisible wand of magic and sorcery) and declare, “Well, the chances are…”  Numbers never tell of the human emotions and toil of reality; they remain as cold mathematical calculations, jiggered and manipulated by the picture of emotionless bureaucrats who wear spectacles to magnify the inconsequential harm imparted upon the lives left behind.

And for Federal employees and U.S. Postal workers who must file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management?  Such individuals, whether under FERS, CSRS or CSRS Offset, become part and parcel of the statistical conundrum who once had names, faces and identities, but somehow became relegated into the numerical aggregate of “those” people who departed by filing an effective Federal Disability Retirement application through OPM, all because they could no longer perform one or more of the essential elements of the positional duties assigned.

Does such fear of becoming a mere irrelevancy of statistical obscurity make the Federal or Postal employee pause, despite the chronic pain or the psychiatric despondency which tells of the urgency to file for the benefit?  Probably.  Yet, beyond the numerical veil which hides, each Federal or Postal employee who departed and left behind such a statistical imprint, go on to live productive lives thereafter, with ongoing emotional ups and downs, as real people, living authentic lives untold by the hidden abyss echoing from the chambers of silent digits.

Sincerely,

Robert R. McGill, Esquire