Federal Disability Retirement Representation: Private Hells

Wouldn’t a “hell” by definition encompass privacy and insularity?  For, isn’t one of the benefits of commiserating and “sharing” (in the modern parlance) that one expiates the pains and troubles one experiences?  Thus, if a hell is to be a hell, wouldn’t it be in seclusion and in solitary confinement for all eternity; otherwise, the hell described would be less than hell because it would be a lessened state of agony and torture and thus would not be the intended deterrent that such descriptive conclusions would be?

Private hells are the worse kinds of hells, if one were to place them on a spectrum of graduated scales.  It is the hell that cannot be shared with others; cannot be complained about; cannot be dissipated by describing, telling, delineating or implicitly requesting comforting words about; such constitute the worst of torture chambers left in the chaos of one’s mind.  The social animal — the “human being” — is one who derives strength, courage, determination and the will to live by engaging in the very thing that social animals do: talk; tell stories; share troubles; commiserate.

That is often the exponentially exacerbating effect of a medical condition being suffered by a Federal employee — of having to keep it a secret; not being able to be open about it; not sharing because he or she is unable to talk about it for fear of retaliation and the evils of bad intentions.

For Federal employees and U.S. Postal workers who suffer from such a state of private hell, it is time to begin to prepare, formulate and file for Federal Disability Retirement benefits, to be submitted and ultimately decided by the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

The private hell of one’s fears and anxieties concerning the entire administrative process of Federal Disability Retirement is often partly due to the strangeness of it all, and consulting with a lawyer who specializes in Federal Disability Retirement Law is often the first best step in extinguishing those flames of agony that are described in ancient scrolls, lest the private hells become public dungeons that flog the soul beyond what the law allows, which can clearly be explained and contained with a private consultation with legal counsel who can guide you out of that private hell by explaining the process of OPM Disability Retirement.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Application: Eligibility & Entitlement

The two concepts are often confused; for the Federal employee and the U.S. Postal Service worker filing for Federal Disability Retirement benefits, the frustration is often voiced precisely because of the misapplication of the legal import between them.

Eligibility is determined by the contingencies which must be met, the thresholds of prerequisites which must be satisfied:  The Federal or Postal employee must be either under FERS, CSRS or CSRS Offset; the minimum number of years of Federal Service must have been accrued; the Statute of Limitations must not have already passed; further, then, some age limitations need to be considered as a practical matter, to allow for pragmatic justification to even apply.

Entitlement is based upon proof.  As the law is set by statutory authority, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management requires that the Federal or Postal applicant meet certain preset standards of acceptable proof, based upon that which constitutes sufficiency of satisfaction.

The legal standard is based upon a “preponderance of the evidence“; the evidentiary requirement provides that a tripartite nexus be established between (A) the medical condition, (B) the Federal or Postal position which the Federal or Postal employee occupies, and (C) evidence showing that as a result of A, one or more of the essential elements of B cannot be satisfied.  Further, there is the “D” component, and that involves the issue of “reasonable accommodations” and whether the Federal agency or the U.S. Postal Service can reassign the Federal or Postal employee to a similar position at the same pay or grade.

It is only upon the initial satisfaction of eligibility requirements that the Federal or Postal employee can then further investigate whether entitlement is feasible or not.  Thus, “entitlement” in this sense is not based upon meeting eligibility requirements; rather, satisfaction of eligibility prerequisites allows for entrance into the gateway of establishing entitlement.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: The Cackle around Us

Often, the noise emanating and pervading is nothing more than the raucous shrieks and glass-shattering sounds like the cackle of birds; neither intelligible nor pleasant to the ear, it fails to inform, engender pleasure, nor spur substantive advancement for the intellect or one’s emotional well-being.

People talk; talk is limitless; and the louder one talks (or so the theory goes) and endures past all others, the last voice establishes the truth of the matter.  The problem in modernity is not so much the boisterousness and overpowering continuum of noise; rather, it is the inability to recognize the lesser argument, the weaker factual basis, and the mesmerizing conduit of enjoying the sound of one’s own voice.

There is, indeed, much information “out there”; the question is not one of volume, but rather of quality in the vast overload of content dissemination. When one seeks  information, how does veracity get established?  When one chooses representation, what criteria is applied?  And when one receives answers to queries put forth, where does the confirmation begin to concretize?  The world is replete with information; what parcel of it is useful; how much of it is relevant; and to what use or pragmatic application can it be devised?  In the practical world of living, the cackle of information must be sifted through in order to survive any given ordeal.

For 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, the preparation, formulation and filing of an effective Federal Disability Retirement application through the U.S. Office of Personnel Management must by necessity encapsulate the issue of relevant, pertinent and substantive information.

Gathering the proper medical document; formulating an effective Statement of Disability on Standard Form 3112A; presenting updated and relevant legal argumentation in order to persuade OPM into approving one’s Federal Disability Retirement application; these are the criteria in the pragmatic application for sifting through the cacophony of information clutter, and it matters not whether the cackle avoided represents that originating from crows or vultures; the point is to keep from being the meal of prey, and instead to prepare one’s meal of information in the quietude of thoughtful reflection, away from the disturbances of those who seek merely to hear the sound of their own voice, as opposed to the satisfying sonata of substantive and helpful information that will actually help the Federal or Postal employee secure one’s future in the preparation, formulation and filing of an effective Federal Disability Retirement application, whether one is under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: A Day Does Not a Life Make, Nor a Decade

The tragedy of extinguishment is the failure to recognize future potentiality.  We often gauge the value of a lifetime based upon the quality of any given day.  Yet, what happens in an arbitrary period of a life, whether viewed randomly on a day, or even assessed and evaluated over a decade, will rarely reflect the comparative worth of a lifetime as analyzed on a linear continuum.

Youth is a wasted period of emergence; middle-age is often a reflection upon that wasteland of remorse; and old age brings physical and cognitive infirmities which engage in fruitless efforts of counting the remaining days.  And so does a circularity of the absurd prevail upon us.

Medical conditions merely exacerbate and are an unwelcome source of further despair.  When a medical condition impacts upon one’s “quality” of life, whether upon the ability to perform one’s positional duties

as in the Federal sector, or debilitates and prevents the physical capacity, such a condition magnifies in exponential despair the devaluing of the human condition.

For Federal and Postal employees who find that a medical condition prevents him or her from performing one or more of the essential elements of one’s job, the option of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, is a way of countering the valuation of a lifetime of contributions based upon a given day of despair.

Federal agencies and the U.S. Postal Service, whether intentionally or unwittingly, will make disparaging judgments upon the worth of an individual once a medical condition begins to prevent one from performing all of the essential elements of one’s job.  But such valuations are based upon pure ignorance of witless magnitude.

For every Federal employee and U.S. Postal worker, judgment on any given day does not a life make, and indeed, nor does even a decade declare the true value and worth of a person.

Sincerely,

Robert R. McGill, Esquire