Tag Archives: help to understand and apply law standard for csrs disability

OPM Disability Retirement under FERS: Is It Enough?

That is always the question, isn’t it?  Especially, these days, when there are so many options, so many avenues, so many ways to get off of the proverbial path and become a wayward nonconformist.

Is love enough to last a lifetime?  Is a sense of obligation enough to be committed for the agreed-upon enmeshment?  Is religious fervor enough to maintain one’s faith even in the face of secularism’s hedonistic pull?  Is pleasure enough to sustain one’s sense of wanting to exist?  Is duty enough to compel a soldier to sacrifice for his country?  Is life enough to sustain?

That was the ultimate question for French existentialism, especially as delineated in Camus’ set of essays, beginning with the Myth of Sisyphus.  What is “enough”?  How can it be quantified?  Underlying it all, isn’t the ultimate question beyond whether something is “enough”, actually an irrelevant question?

For, as Aristotle would put it (and in this Post-Factual World, where Aristotle and Plato are no longer read, and thus, no longer relevant), we must go back to the basics, to the “foundational principles” underlying our belief systems: What is meaningful in our lives?

When there is a void in meaningfulness, hedonism fills that emptiness.  That is why teenagers turn to drugs; that is why adults succumb to alcohol; and that is why, when ISIS came into existence, and when the war in Ukraine began, thousands of Americans flocked to join in the “cause” — because, when the void of meaninglessness pervades, people jump to join anything and everything which becomes the cult of relevance.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows you to continue in that career of choice — the work which gave “meaning” to your life — it is important to recognize that, indeed, there is “life after a Federal career”.  Likely, you may be somewhat saddened by the fact that your Federal or Postal career is over.  However, beyond your career, there is no meaning to life without your health.

And yes, there actually is “life after getting a Federal Disability Retirement” — and there abounds countless testimonials which attest to the fact that it is, indeed, “enough” to get a FERS Disability Retirement annuity, focus upon your health, then go into some other line of work in the private or state sector.

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 Medical Retirement: The Monotony of Familiarity

It is familiarity which defines monotony; the new brings about excitement; but while excitement may be a consequence of change, it is always that monotony of familiarity to which we return, for where our comfort resides, and to that we cling until necessity compels abandonment.  The new year; as if the continuum of the seasons has been altered.  The deer in the forest know not 2022; for them, the monotony of survival is an unbroken and timeless paradigm of life.

There are, of course, exceptions to human behavior — for some, a chaotic life of change and renewed excitement brings about an adrenal “high” which compels and feeds the need for further change; but for most of us, it is the life of drama which we tend to avoid, and we return to the old habits which provide the foundation for a quiet contentment where familiarity and monotony are the mainstay of comfort and habitual yawning.

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, the monotony of familiarity often includes the medical condition itself — if only until you reach a critical juncture where it becomes apparent that the “familiar” (one’s job) can no longer remain consistent with the monotony (the chronic condition which one has come to accept as part of one’s life).

Federal Disability Retirement is a benefit available to all Federal and Postal employees under FERS who have met the minimal legal threshold of having 18 months of Federal Service.

Contact an OPM Disability Attorney in this New Year of change — one who specializes in Federal Disability Retirement Law, and make sure that the monotony of familiarity remains in your life of declining health.

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.

 

FERS Medical Retirement: Memories of a contented summer

Why is it that the metaphor always applies — where the winter months represent discontent, and the joys of summer evoke memories of pleasure and contentment?  Is it merely in the shift of daylight — of shorter days and longer periods of cold and desolate feelings?  Does the cycle of life’s hibernation, the curling away of leaves and the deadening of quiet where skeletal forms of trees and bundling up in heavy garb, the growth of winter coats and huddling around fireplaces; does this all lead to a feeling of discontent?

By contrast, the shedding of multiple layers; the joy of a crashing wave’s spray upon one’s back; of diving into the cool of a lake’s refreshment of depths; and of walking barefoot across a stream where moss makes the rocks into a slippery slither of shrieking laughter; are the memories of a contented summer a metaphor for our lives in general?

Does winter make the human condition dismal because it is nature’s way of forcing us to slow down?  Is there a message — a lesson — to be learned from the rhythms of nature’s call, or is it just bosh and poetry that can be discarded and forgotten?

Medical conditions, as well, are subtle messages; whether we follow the advice of nature or not, nature seems always to have the last word.  For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prompts the confusion that there is now an inconsistency — an incommensurability — between the medical condition and continuation in one’s job, it is then time to harken the traces of hints, and consider preparing, formulating and filing for Federal Disability Retirement.

Warnings and triggers; reminders and rejoinders; these are the indicators which must prompt a change of course; and while memories of a contented summer are what we all seek, it is the winter of discontent when the medical condition can no longer be ignored, when it is time to seek the counsel and advice of a lawyer who specializes in Federal Disability Retirement Law, in order to prepare, formulate and file an effective OPM Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The dead, the dying and youth

Have you ever seen a flower arrangement that weaves together deadwood with bright and colorful summer explosions?  They tell us of that which reflects modernity:  The dead are forgotten in the background; the sick and dying are mere echoes fading quickly into a distant past; and it is only the vigorous who dominate and forcefully remain in the forefront.

How a society coordinates the interaction between the triad of life’s complex ingredients reveals the extent of its inner soul and character.  For, how many of us truly want to live in a pure State of Nature, where only the brute strength of predatory behavior would rule?  How many of us would survive in such a dystopian world, and for how long?

How we treat the remains, vestiges and memories of those gone; what we do with the ones still alive but deteriorating, suffering and lonely in their abandoned abodes; and whatever is left for the youth, what value of transference is imparted from the traditions longstanding, the obligations imparted, and the core values embraced – these determine the viability of a society in turmoil.

For, the dead reveal in constancy as to who we are by giving us a past; the dying, what we are made of by the example of how we treat the least of our community; and the value of youth is inherent in the lineage existent for the future continuation of a viable and vibrant tradition; and it is always the interrelationships between the tripartite worlds that determine whether and how.

We tend to want to compartmentalize, then to isolate each into their individual components such that one never interrelates with another.  But reality often will force a society to reflect upon such an artificial manner of conceptual isolationism, and sometimes it is by mere change of perspective that can lead to a paradigm shift of sorts.

Thus does this happen when we see a flower arrangement that artfully weaves the deadwood of winter with the vibrant colors of spring, and allow for even the panorama of fall leaves to still reveal beauty and breathtaking insights, and allow for the youth of summer blossoms to radiate, while at the same time giving deference to the others in the haiku of life.  It is often through a metaphor like this on a macro-scale that we can then glean a reflective outlook upon the microcosm of our own lives.

For the Federal employee and U.S. Postal worker who sees him or herself as “less than worthy” – somewhat like the dying twigs in a flower arrangement otherwise filled with vibrancy and youth – all because a medical condition is becoming chronic and debilitating, one needs only look upon a flower arrangement that encompasses the triad of life’s natural flow.

Perhaps the agency is like those exploding blossoms of summer; and, more likely, the Federal Agency and the Postal Service will relegate the deadwood into the trash heap of corner offices and ignore those who are less productive.  But that is not a reflection upon the Federal or Postal employee who suffers from a medical condition and can no longer perform all of the essential elements of one’s Federal or Postal position; rather, that is an indictment upon the Federal Agency and the Postal Service itself.

Filing a 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, is merely another way to maintain the constancy of society’s unstated promise – much like the flower arrangement that intersperses the dead, the dying and youth – by asserting that legal rights still matter, and a medical condition does not necessarily mean that one’s career is just more deadwood at the back of the arrangement, but can still reveal a promising future for greater productivity in the private sector of life.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement for Federal Employees: Functional architecture

It refers to those unnecessary trappings; but of course, the immediate question which follows is:  who determines necessity as opposed to aesthetic addendums otherwise of utilitarian vacuity.

The traditional approach in functional architecture is determined by the general principle that a building should be designed by the paradigmatic governance of the underlying purpose for which the structure should be constructed.  That is likely why government buildings are essentially drab and colorless, reflecting the purposive nature of a bureaucracy and administrative conduits.  The grandeur of the wealthy in pouring money into aesthetically pleasing facades, otherwise without any meaningful utilitarian basis, is a consequence of wanting to impress, as opposed to a functional capacity to reside.

In modernity, functionalism is akin to pragmatism, which is often seen as the heart and soul of this country’s success – of advancing towards the next technological innovation, accomplishing beyond the project paid for, and getting things “done” in order to calculate the worth and value of a person’s being.  At the cost of family, neighborhood, culture and normative constructs, we go for that which works, what pays and what can be sold.

Thus does the American model function on the motto of pragmatism:  Of what does it benefit a man if he cannot make a living from it?  And so the narrative goes that waves of immigrants gave up their native country, whether because of famine, wars, poverty or persecution, and traveled to a far-off foreign soil in order to carve out a living without the trappings once enjoyed.

But the concept of functional architecture can reach into other disciplines, as well – as in the composition of words into sentences, sentences into paragraphs, and paragraphs into pages of stream of consciousness.  One can, for example, add all sorts of unnecessary verbiage in preparing, formulating and filing a Federal Disability Retirement application with the U.S. Office of Personnel Management, in response to the questions posited in Standard Form 3112A – Applicant’s Statement of Disability.

This can get one into what is often proverbially termed as “hot water”.  For, just as the three classic goals of architecture still remain relevant today – of utility, beauty and firmness (reflecting the conceptual generalizations of use, aesthetically pleasing to the eye, and structural integrity), so the same can be applied in preparing one’s Federal Disability Retirement application in the statements made:  Writing to the point of the Federal Disability Retirement application (utility); being comprehensible and coherent, with a purposive narrative (beauty); and, finally, firmness (maintaining the structural integrity of the narrative by building the proper linguistic foundation in formulating one’s answers on SF 3112A).

Thus, as with most things in life, functionalism does not merely apply to the discipline of architecture, but can easily be transmogrified into the complex administrative process of Federal Disability Retirement.  As the fullness of life is an admixture of interconnecting experiences, so the principles undergirding architectural integrity can teach us lessons in preparing, formulating and filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Medical Separation from Federal Government Employment: The uncommon denominator

Why is it that the common denominator is always represented by the basest of related factors?  The answer is simple, of course, and a tautology of sorts; for, that which is uncommon, by definition, constitutes a rare and prized feature, and through sheer economic application of supply and demand, the latter is heightened when the former is scarce.

Thus, in issues of character and human essences, the core of an individual is represented by the base elements of evolutionary Darwinism, and would therefore constitute the most simplistic of instinctive drives; whereas culture, refinement and societal structures are developed beyond the commonality of base factors.

Rousseau could be said to disagree with such a perspective, as his romanticized postulate of man’s vaunted “state of nature” reflected a penultimate, idealized condition of peaceful coexistence; but as no one has yet discovered an actual sociological enclave where such existence of sympathetic amplitude resides, it is doubtful that such defiance of the general view of man’s iniquitous soul provides the greater factor for an uncommon denominator.

For most, then, it is that which we share with all others; and, indeed, the element which interrelates everyone, is that which we publicly declare to abhor, but summarily engage in within the confines of law, societal mores, and acceptable norms of behavior. Except, of course, when the weakest of victims display the wounds of life, and the predators circle and abound like vultures encircling high above in the wind streams of timeless watchfulness, waiting upon a crumbling civilization as the decay of flesh and dying carcasses fume in the heat of the midday sun.

Federal employees and U.S. Postal workers know well the feeling of the common denominator; it is often that factor which brings everyone together in a semblance of denoted behaviors.  And it is precisely the uncommon factor which brings about the circling birds of prey; for, the Federal or Postal worker who suffers from a medical condition is “different”, and therefore steps outside of the perimeter of commonality; and that which is separated and isolated becomes the focus of the threatening predator.

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, makes the Federal or Postal employee an uncommon denominator, and thus the target of baseness precisely because such a person has become the anomaly.

Evolutionary Darwinism requires the killing off of DNA structures which threaten the whole; and for the Federal or Postal employee who is no longer able to perform one or more of the essential elements of one’s Federal or Postal positional duties, preparing and filing an effective Federal Disability Retirement application through OPM constitutes the uncommon denominator for a future set for tomorrow, beyond the pale of those predators of antiquity whose self-extinguishment is bound by the fate of a shrinking pool of genetic predisposition.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Affirmation, Affiliation and Affectation

But for the middle syllable (the extra “ta” in the word), it is what people strive for; and like the thief in the night who leaves behind earthen footprints of his twilight misdeeds, the insertion of that additional combination of a consonant and vowel turns the meaning of the word upon its head, and leaves us with an artificial prose devoid of poetry and warmth.

The middle term is a favorite of sociologists and other “soft” sciences where anthropological studies determined the course of serious studies or of mere pretentiousness of purpose; associations, initiation into phi beta whatever and epsilon in uppercase or lunate form, characterizes the human need to belong, despite our contrary assertions and protestations that man, machine and a wagging dog’s tail are enough in this world of virtual reality where communication is accomplished primarily through pushing a button via glowing faces of blank pages and fluorescent screens.

As for the first in the tripartite series of syllabic partnerships, it is that inner essence which the child in all of us seeks, but which Dickens, Salinger and Capote all cried out for lack thereof, and depleted their souls in the course of searching for that which was never lost, rarely to be found, and tenuously held by a mere thread of hope and longing.

It is funny how much time we waste upon past hurts.  Most such narratives deserve, at best, a single night at a bar, a few sobs, and perhaps the generosity of the proprietor giving the gift of a free beer; and then it is time to move on with life.  Some stories, of horrors unimaginable but for the telling in quiet whispers in bedrooms locked, but then those who survive such tales are often the very ones with impeccable and impenetrable fortitude, and they don’t need the free drink anyway, leaving aside the heaving sobs and a momentary sympathetic ear.

Narratives are important for people to carry about; like manuscripts hoping to be discovered, we cherish them in binders of protective combativeness.

For Federal employees and U.S. Postal workers who have managed to cull together multiple years of survivorship despite the thickets of affectations imparted by so many elements of narcissistic behaviors, it is in the end the true affiliations which come to the fore when a crisis erupts.

If the singular sob-story told at the corner pub was not enough to replace that lack of affirmation wanted and desired for as a child, and throughout your career you have striven to replace it by becoming lost in work, career and sheer busy-ness, then the sudden loss of that coalescence of unending activity can indeed have a traumatic impact.

If a medical condition interrupts that innocent search, such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of the Federal or Postal positional duties, then it becomes necessary to consider 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.

But in doing so, just remember that, while the process of separating away from a career which engulfed so much of your time and energy may be an emotional turmoil of sorts, especially because of the wide affiliations garnered over those many years, it is the medical condition itself which must be first and foremost in contending with the crisis, and not the affectation of coworkers who suddenly show their true selves and gather like a pack of predators ready to pounce, no more than the affirmation you may have wanted from a bureaucracy which, in the end, cares not for your narrative, other than the effective one you must write for the U.S. Office of Personnel Management in order to win an approval for your Federal Disability Retirement application.

In the end, all stories are told and forgotten at the corner pub of our hearts, in the fading suds of a beer gone stale, only to be retold by the next patron of the establishment where the jukebox fades with a selection of a song yet to be sung.

Sincerely,

Robert R. McGill, Esquire

 

Resigning from a Federal Position Due to a Medical Condition

To resign is often considered the last vestiges of giving up hope; somehow, it contradicts our DNA, and the resistance to it reinforces the Darwinian idea that the evolutionary drive for survival rules our choices, as determinism persists despite our best efforts to remain free.  To resign is to give in, surrender, abandon the lifelong plans and dreams for the future; it marks, for many, a decision of raising the white flag.  In life, however, sometimes the choices offered are but a few, and within that limited arena of options, the best must be taken.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition prevents the Federal and Postal worker from performing the full panoply of the essential elements of one’s positional duties with the Federal Agency or the U.S. Postal Service, it sometimes becomes necessary to “cut the losses” and move onward to other ventures in life.

When the level of harassment becomes untenable; when the best negotiations lead to the Agency’s offer of resignation in order to keep the record “clean”; when access to one’s TSP is necessary in order to survive the long period of waiting for the U.S. Office of Personnel Management to decide upon a Federal Disability Retirement application; or even when the constant “fight” is no longer worth it, or is not there within one’s self; then the only thing left is the proper characterization of such a resignation, for inclusion as a short statement on one’s SF 50 or PS Form 50.

Depending upon the particularized circumstances, a resignation is not always a surrender, but merely a regrouping in order to return to resume the fight of life on another day.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Of Tomorrow’s Dreams Delayed

We like to think that our lives progress unencumbered in a linear line of advancement, with nary a bump or an obstacle unconquerable, and but for the occasional exuberance of planned erraticisms, the journey should be a smooth ride without surprises.  But just as planes sometimes fall from the sky, and nature betrays its perfection by mistaken errors of comedic turmoil, so the linear aspect of constancy often must confront the bumpiness of expectations.

Life rarely turns out as planned, and the more we plan, the less we expect fulfillment.  Perhaps that is the great tragedy of loss of youthful innocence.  In the end, it is how we face up to that realization that plans are meant to be altered, that unexpected curtailment of expectations unrealized merely represent the reality of the universe, and that in the end, the process of “how we face” it is more important than the desultory buoyancy of cynicism.

On a rollercoaster or other thrill-seeking device, there is often that final moment of exhilaration, that last pause before the turn; perhaps that is precisely why we seek such madness, for life itself rarely presents us with a similar and parallel event.  Instead, like the medical condition which slowly, steadily, and with monotonous rage progresses to debilitate, the constancy of repetitive boredom in life mirrors the tragedy of human proportionality and graveyards filled with unnamed tombstones.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition results in an inability to perform the essential elements of one’s positional duties, the bumping up against the tides of obstruction means that one must prepare, formulate, and file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS, or even CSRS Offset.

Life’s unfair advantage at throwing down an obstacle in the midst of a promising career should never betray the need to adapt and consider the alternatives beyond; and for the Federal or Postal worker who can no longer perform all of the essential elements of the Federal or Postal position, the likelihood that the Federal agency or the U.S. Postal Service will engage in harassment and ultimate termination of employment, is greater than not.  That is why, of tomorrow’s promises and dreams delayed, it is necessary to prepare, formulate and file for OPM Disability Retirement benefits today, so that the tomorrow of dismal dalliances may be deemed a desirable date of this day’s inestimable worth.

Sincerely,

Robert R. McGill, Esquire