FERS Disability Retirement: Square peg in a round hole

You know the old adage; it is when a person is trying to do something that is frustratingly obvious that it cannot be done, yet persists in it despite the reality of resistance.  The truism itself by necessity requires one of three courses of action: You either cut off the edges of the square peg in order to shape it into a form where it can fit into the hole, or you smooth the edges of the circular hole and widen it such that the square peg can fit into it.  The third option is: You continue to try and force the issue.  And the fourth way is: You give up and walk away with obvious discontentment and frustration.

You want to remain friends with X, but X is a cad and no matter how much you try to change X, X will not change; and so you try and ignore X’s idiosyncrasies in an effort to extend the friendship, and remain frustrated at your attempts to change reality.  Or, you try and please everyone but end up angering all — you cannot shape the square peg or widen the hole, because there is simply too much resistance from both to alter its shape, size or essence of being.

Reality has its limits; that’s the beauty of the life we lead: virtual reality can be altered with a click of the button, but the reality of the real is that the quirkiness of life defies fullness of understanding, and the mystery of each individual denies total control.

For Federal employees and U.S. Postal workers who continue to struggle with a medical condition that prevents the Federal or Postal employee from performing one or more of the essential elements of his or her Federal or Postal job, the choices are clear: Stay and suffer; walk away and lose everything; or file for Federal Disability Retirement benefits with the U.S. Office of Personnel Management. In such a case, this third option is tantamount to shaving the edges of the square peg in order to fit into the hole, as opposed to trying to stay when it is no longer medically advisable, or to walk away and abandon everything in frustration.

Old adages remain relevant for a reason; the truth behind the words is retained and, indeed, there is still a recognition that truth prevails.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from the OPM: The prosaic life

That is the lot of most of us; yet, the contrast seen in the “entertainment” world is its very opposite.  Does it breed discontent (or malcontent)?  Does the “make-believe” universe that we surround ourselves with actually enhance one’s quality of life?

We not only welcome it; we pay for it, and gladly, so.  What does the contrast do to one’s soul — of watching movies involving fearsome technologies that destroy; of bank robbers, murderers, high-stake gamblers and every character imaginable; of dangers that never result in injury or capture; of adventures beyond one’s wildest imagination — and then, there is the actual life that one lives: Of a prosaic life that is often humdrum, unimaginative, mundane, pedestrian and…boring.

Is it “prosaic” to simply go from high school to college, then to a career, a family, old age and death?  Do we regret the repetition of our daily lives, so unbearably “normal”, such that we embrace this spectator-sport of adulation for the wealthy, over exuberant prostration in paying homage to sports heroes, and the unfettered interest shown towards everything and anything “glamorous”?

Until, of course, our health begins to deteriorate.  Then, suddenly, we wish for the “boring” life of normalcy; of the mundane when we took for granted the things we used to do; for the prosaic life that we once had.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows one to do that which was once taken for granted — being able to go to work consistently; performing all of the essential elements of one’s job, etc. — filing for Federal Disability Retirement benefits under FERS may yet return you to the prosaic life that you now yearn for.

Sincerely,

Robert R. McGill, Esquire

 

 

Lawyer Representation for OPM Disability Claims: The story

Everyone has one; some, more interesting than others; others, less interesting than most; most, told in disjointed streams of subconscious dilemmas often coopted by deceitful tellings that leave amiss the juicier elements that would otherwise offend.

Is there “the” story, or just many little details comprised of “a” story here, a story there, and in the aggregate, it makes up the total picture of a person?  Can one ever know a person in his or her fullness, or must there always be left out an element of surprise, mystery and a deficiency otherwise not noted?  Can people be married for 50 years and still be surprised by something in the other spouse’s past?

How are memories triggered to begin with — say, for example, a couple has been married for half a century or more, and one night they get a carry-out from a newly-opened restaurant in their neighborhood that serves a special Moroccan dish from the menu, because the restaurant owner’s wife’s late husband’s third cousin twice removed recently visited the country and brought over a recipe that could not be resisted.

The two older couple (yes, you may infer from the fact that they have been married for over a half-century to connote that the couple are rather elderly) sit down for this delectable dish, and as they begin serving the various food items and transferring them from the paper boxes onto dinner plates, the wife takes in the aroma of the vegetables, cooked in a certain sauce, and declares to her husband, “Oh, this reminds me, I was in Morocco when I was younger.”

Now — for fifty some odd years, this couple has been married; they have had children; they have shared the many stories to tell, both included and some where each experienced a slice of life separately; and one would think that such a detail as having been to a foreign country which not many Americans visit in the first place, would be something that was told during the course of their long and lasting relationship.

What would be the explanation for not having told?  How about: “Yes, I was kidnapped and held for ransom for months, and I repressed the memories these many years”; or, “Oh, I was just 2 or 3 and don’t really remember much about it, other than my parents dragging me to Morocco just to get away”.

Such explanations might be understandable; but how about the following: “Yes, I was there for 5 years, from about the age of 10 – 15, and it was the most impactful experience of my life.”  Now, this last explanation — one would wonder, of course, what kind of a marriage this elderly couple could have had if the spouse had never related the most “impactful” period of her life, would one not?

“The Story” of one’s life will always contain some omissions (that is a conundrum and an oxymoron, is it not — to “contain” and “omit” at the same time?) about various experiences encountered, but that is a natural course in the very “telling” of one’s narrative.  Most narratives have a beginning and an end; some are interesting, others not; but in the telling, the narrative itself must be coherent and comprehensible, as well as containing relevance and significance within the meat of the narrative itself.

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 ones’ Federal or Postal job, it may become necessary to prepare, formulate and file 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.

During such an administrative process, it is necessary to “tell one’s story” by completing SF 3112A, Applicant’s Statement of Disability.  It is a “slice of life” story, and should be as compelling as the aroma that triggered the admission of one’s Moroccan past — for, every story is a unique one; it is in the telling that brings out the mystery of a person’s singular tale of painful experiences, and this is one more slice that needs a coherence within a narrative required in order to obtain a Federal Disability Retirement benefit.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Employee Disability Retirement: Fathoms and farthings

They are words seldom used by ordinary people, and are instead found within contexts now of limited usage except by reference to anachronistic novels and reference manuals, or perhaps in sea-faring settings where such terms are related to between seasoned old-timers in the field.

The former term refers to the unit of measurement for the depth of the ocean’s topography; the latter, a unit of currency so small as to have become obsolete by now with the inflationary course of history having relegated such amounts to irrelevancy, and ceasing to be recognized as legal tender by 1960.  Besides, it was a “foreign” currency as well, and was not a currency used in current usage within recognizable current vintage, anyway (yes, yes, a bad attempt at alliteration and a play on words).

What do they have in common?  They both measure a unit of X, of course; they are also words that have “meaning” only within certain contexts, whether of specialized oceanographic particularization or, as to the latter, within a historical context if one were writing a play, screenplay, novel or short story that included anywhere from the Victorian to the Elizabethan periods.  It is a reminder to us all that words come in and out of “meaning” and relevance based upon the context given and recognized.

Language games”, as the term Wittgenstein ascribed, retain their relevance and applicability depending upon the context of the usage adopted.

It is no different when preparing, formulating and filing an effective Federal Disability Retirement application by a Federal or Postal employee, to be submitted through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  Suddenly, the Federal or Postal employee is thrown into a “language game” that has been ongoing for decades, but is new to the Federal or Postal employee who must prepare an effective Federal Disability Retirement application.

Such terms as “The Bruner Presumption”, “viable accommodation attempts”, “Persuasive legal effect of other disability ratings,” etc., come into play.  Yes, you may be able to research and understand some of the terms, but the particularization and the anachronism of such terms may come back to haunt you unless you, as the Federal or Postal employee trying to submit an effective Federal Disability Retirement application, can fully comprehend the specialized nature of this complex process called Federal Disability Retirement.

For, like fathoms and farthings, it may be best to consult an attorney who has a long experience with such terms and usage in order to better heighten the chances of a First Stage Approval from OPM.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The title itself

Sometimes, it is good to go “back to the basics”.  Throughout these blogs for these past and many years, the attempt has been to relate common everyday experiences and life’s challenges to the Federal employee and U.S. Postal worker struggling daily to maintain one’s career and to extend a career in the face of a medical condition.  Yet, the primary focus has always been to try and remain informative; to give some sense of the process of filing a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Sometimes, however, the title itself is sufficient, and one does not need the additional analogy, metaphor or “connectedness” to try and understand the process, and instead, all that is required is the title itself.

OPM Disability Retirement is a “medical” retirement.  It is based upon a medical condition that prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job.  Yes, it can be a very, very complicating process, especially because there are potential pitfalls throughout the multiple administrative steps.  At each step of the procedural paths, there may be legal consequences that may not be correctible once the Federal Disability Retirement application has been submitted and a case number has been assigned at Boyers, Pennsylvania – i.e., a “CSA number” that begins with the number “8” and ends with a seemingly irrelevant “0” appended as the last of series of numbers.

Aside from the inherently complex questions posed on SF 3112A, Applicant’s Statement of Disability, the initial question that one must face and answer is (A) Whether, as a practical matter, Federal Disability Retirement is worth it, and (B) Whether there is a good chance to become eligible for it.

As to the first question, the factors that must be considered are: One’s age (for, at age 62, all disability annuities are recalculated based upon the total number of years of Federal Service, including the time that one is on Federal Disability Retirement, and as it now takes at least a year to get approved by the U.S. Office of Personnel Management, the question needs to be asked as to how old one is, how close one is to reaching regular retirement, and whether one can last until such age of retirement and the accrual of enough service computation years of Federal employment, etc.), how many years of Federal Service, and whether the Federal agency or the Postal Service is threatening to proceed with termination or separation.  And as to the second question, issues concerning the type of medical condition, the severity, the impact upon the Federal or Postal positional duties, the extent of support, how much reliance of such support is based upon a VA disability rating, and multiple other factors.

The “title itself” is often quite simple; it is the subtexts, the parenthetical unknowns and the hidden potholes along the road to filing a Federal Disability Retirement application (here we go again with the analogies and the metaphors) that makes for a complex and complicated journey.  But, then again, hasn’t that always been the case throughout life – facing the title itself that seems simple enough, but finding out that it is a bit more difficult than first thought?

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The regularity of life

Metaphors abound, of course; of the stream of life, its cadence, likened to a steady march and the cyclical nature wrapped in the repetition of the growing dawn followed by the setting sun.  The regularity of life represents a rhythm and monotony that provides a blanket of comfort (there goes the metaphor, again) that can be extracted from the lack of chaos.

Most of us thrive best within the regularity of life’s monotony; it is the very few who seek and relish the chaos of life.  Some few seek the opposite precisely because they grew up hating the former; and other, the very antonym of life’s challenges, searching always for new adventures and challenges and upending everything in sight because of boredom experienced in some prior stage of life.

Whatever the causes, whatsoever the sought-out means for expression and self-satisfaction, one cannot exist without the other.  It is from chaos that one creates an order (hint: this is not a new notion; one might consult the first book of an otherwise unnamed book that “believers” often refer to); and it is only in the midst of the regularity of life that one can have spurts of its opposite; otherwise, the world of chaotic living could not be identified as such unless there is a contrasting opposite by which to compare.

Medical conditions “need” its very opposite.  Doctors often talk about “reducing stress” as an important element in maintaining one’s health; it is another way of saying that the chaos of life needs to be contained, and the regularity of life needs to be attained.  Medical conditions themselves interrupt and impede the regularity of life; as pain, it increases stress; as cognitive dysfunctioning, it interrupts calm.

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 very fact of the medical condition itself can be the impeding force that disrupts and interrupts the regularity of life; and the chaos that ensues often necessitates an action that returns one back to the regularity of life.

Preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the first and necessary step in bringing order back into an otherwise chaotic-seeming mess.

It is, in the words of some “other” source, to attain the regularity of life from that which had become without form and void.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The Habit

No, this is not about that peculiar creature that Tolkien created who used to rule the earth but now hides in little dirt hutches in the deep recesses of forests (don’t all children and adults who have read his works believe in their heart of hearts that Hobbits still exist, and we just don’t see them?); rather, this, too, is a creature of sorts, just not the imaginary creation that gave joy to so many.

How is it that we come to learn it?  Is there a numerical value that must be first ascribed before the regularity of X becomes a Habit-Y?  What constitutes a definition of the repetition, and how is it learned, as opposed to unlearning certain types of constancies?  Is there a numerical value that further transforms a habit into an obsession, and where is the dividing line and what demarcates the distinction we thus impose?

If a dog, each morning upon the awakening by an alarm clock set by his master, rolls onto his back and waits until he gets a nice tummy-rub, and never deters or detours from such a habit, can he, too, unlearn it?  Is a habit, moreover, merely a settled tendency, such that the rest of those around may expect it to occur, but when it does not, is not necessarily a surprise or a disappointment, but a mere reliance that “normally” occurs but is not mandated by a turn to another direction?  When the expectation does not come to fruition, do we simply say, “Well, normally it is his habit, but perhaps he changed his mind”?

Kant, for instance, was known to take his walk at a specific time, and it was said of him that the townspeople set their watches against his daily routine and habit.  Does not that sound more like an obsession?  Is the difference one where there is greater ease to “break” the regularity, whereas an obsession is where such a tendency cannot, and is no longer a “voluntary” act?

Additionally, is there a difference with a distinction between a “habit”, a “ritual” and an “obsession”?  Or, is there no clear line of bifurcation (or is it “trifurcation”?), but the lines can cross over easily – as in, when we engage in a habit, sometimes there are rituals that are performed – washing one’s hands in the same way as always; combing one’s hair a set number of strokes; skipping over a particular crack in the sidewalk on the way home; and are rituals merely of greater intensity with obsession than with a habit?

And what of necessities that arise?  Such as filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management for Federal and Postal employees – do people not file because their “habits” are entrenched in a belief-system that one must just “buck up” and ignore the warning signs of a medical condition that continues to deteriorate and progressively debilitate?  When do habits stand in the way of doing that which is “reasonable” under the circumstances?

Here is a thought: For Federal and Postal employees suffering from a medical condition, such that the medical condition prevents the Federal or Postal employee from performing all of the essential elements of the Federal or Postal job, let not habit become an obsession, and instead, allow for the rituals of life to free you from the habitual obsession of ritualistic redundancy, and instead, begin preparing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire