Federal Disability Retirement: The Growth Stopper

In life, inertness is considered “bad”; it is progress, the ascent of man and the constant striving towards attaining and achieving which are considered “good”.  “Growth” and the incessant need to extend, expand and extoll the virtues of acquisition and accomplishment remain the medals of success; and whether we agree with such values, it is as if we never had a choice.  Isn’t how we define the parameters of what is important to us the basis of happiness?

For Aristotle, the world was seen in terms of constant potentiality striving to reach the actualization of an entity’s intended fruition.  Thus, a stone does what it is meant to do when it constantly falls to the lowest point in the chaos of the world; a lion achieves its value of Being by being what it does best — of being the aggressor and catching its prey; in other words, by being a lion qua lion-being.

And what of man?  To reach his or her potentiality by achieving the essence of what each individual human being was meant to strive for and accomplish, but in a moderated way without the excesses of either extremes upon the spectrum of choices (read his Nicomachean Ethics).

Growth, for every organic being, is crucial to the very essence of its reason and value for existence.  It is thus its opposite — the “growth stopper” — that is considered as “bad”, “evil”, and contrary to human nature.  But sometimes, in life, we have no choice in the matter, and having a medical condition is that “growth stopper” that must make one pause and redirect one’s focus and value.  Ultimately, 2 things have to always be done: Define what values constitute “growth”; then, determine the best course of action to progress in that endeavor.

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 job, “growth” will need to be redefined.  Is “growth” worth it at the expense of one’s health?

FERS Disability Retirement is not a “growth stopper”, but a growth enhancer — for, it is a retirement and a basic annuity to allow the Federal or Postal worker to pause, refocus one’s priorities upon one’s health and well-being, and then take the steps to progress toward other endeavors and vocations in life.  In other words, to re-prioritize.  Yes, the medical condition can be seen as a “growth-stopper”, but it is how we define our values which makes all of the difference.

Sincerely,

Robert R.McGill, Esquire

 

Disability Retirement for Federal Government Employees: And then…

It is the precursor to the punch line, or perhaps the conclusion of a tale told with eyes wide with anticipation; what precedes, what follows, and then….  Stories are told well, middling, or perhaps badly, but they are told nonetheless, with conclusions that come about with surprise, aplomb or perhaps with a suspended yawn stifled for mere courtesy.  Everyone has one.  It is often said that the story of a man’s life is not in its conclusion, but in the living of it up to the end, but one wonders; is it the telling of it that matters, or the living of it?

In this day and age of technological openness, where everyone’s every detail is disseminated within moments of occurring, no one actually lives anymore, but merely by virtual existence.  Life is about what others think, about the opinions of likened friends, and how many “likes” have been amassed over a life-span of one’s presence upon social media.  The “telling” of one’s life has always been a part of the human makeup; cave-dwellers from long ago we were, and the drawings that have been left by ancestors long forgotten reveal the propensity and desire to tell tales — tall or otherwise — that also ended with, “And then…”

But this is a new phenomena; of telling the tale whilst living it, and sometimes even before; of setting up the “And then…” before the “then” even occurs, and well before the “And” makes its existence known.  It is a switch of a paradigm, a conversion of the psyche and a pre-consciousness before the ego bit off the Id of the seamless ego’s altercation with itself.  And then….

We know not what the outcome of such a story is.  Untested, unresearched, under constant attack; it remains the single mystery that yet needs to be told.  For, everyone has a tale to tell; a life to live; but the telling of the tale of one’s life was once the province of old men in rocking chairs who whispered to wide-eyed boys and girls of the feats of justice and generational transfers of heroic deeds left to folklore, old wive’s tales and exaggerated syllogisms lost in the conundrum of nightmares and sleepless ogres.  No more.  And then….

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 SF 3112A — Applicant’s Statement of Disability — provides the opportunity to tell the tale of one’s woeful conditions and worrisome progression of deteriorating circumstances.  The tale needs to be told; and like all tales, it needs to be presented with coherence and with a logical sequence of validity.

The problem with such telling of the tale of one’s medical condition, however, is the same problem that today’s generation faces: Of living the medical condition and yet telling of it, all in the same breath.  Too emotional, too involved or too whatever; in the bureaucracy and administrative complexity of presenting the tale to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the telling of one’s tale should be consolidated into an objective delineation in a clinical and legal admixture of complex simplicity.

For, like jokes and narrations that keep the attention of the reader and audience, there must always be the punchline that persuades and convinces, as in — And then…

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Forgetting for a moment

It is a game we play, or perhaps “have to” in order to retain our fantasy-world and “pretend” selves. We like to think that we gave up, long ago, those childish dreams and fantasies we engaged and tolerated as younger selves, and that as adults we must daily face the realities of problems encountered, difficulties arisen and turmoil challenged.  But we haven’t.  We have merely replaced it with another, more productive methodology of play-acting: Forgetting, for the moment.

Perhaps it occurs when we take a day off; or engage in a sports activity, like golf or a pick-up game of basketball where we can imagine ourselves in our glory days, not quite good enough to become pro or even semi-pro, but better than most by sheer force of will, practice and dominance of creative moves that would be whistled away as a travel violation by any half-competent referee, but in the imaginative world of concrete basketball, we can take those extra steps, much like Michael Jordan used to do under the “Jordan Rule” of play.

What we forget; how we forget; the technique of forgetting; whether and why; when and where; these all depend upon individual circumstances and requirements of the day, forged with dependencies, co-dependencies and enablers of time and leisure.

Perhaps it is by daydreaming; or sitting in a café fantasizing of having won the lottery; or in simply watching a television show or a movie where, just for a moment, you can forget everything and become consumed by the story, the special effects and the emotional upheaval of the actors and actresses on the flat screen of make-believe.  Then, of course, in the next moment, or sometime thereafter, reality sets in and we must go about the daily business of living.

The one component in life that makes the whole activity of “forgetting for a moment” difficult, is when you are suffering from a medical condition.  For, a medical condition never seems to “let up”, never allows for a moment of forgetfulness, and never ceases to remind.

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 position, not only will the medical condition itself not allow for forgetting for the moment, but it is also the Federal agency or U.S. Postal Service that also disallows such momentary distractions.

Life is always a bundle of problems, but when you are a Federal or Postal employee, that bundle of problems comes with it a greater bundle when you are beset with a medical condition.

Preparing, formulating and filing an effective Federal Disability Retirement application, whether you are a Federal or Postal employee under FERS, CSRS or CSRS Offset, may be the best option available, and consulting with an attorney who specializes in OPM Disability Retirement is probably the next best course of action to undertake in this long and complex road where, at the end of it all, you may be able to engage in that most pleasurable of activities: Forgetting for a moment.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: Terms

Language is a malleable vehicle.  There have been times in the history of language, when the staid and stodginess period of loss of vibrancy became the rule, followed by epochs of radical vicissitudes, upheavals and counter-conventional revolutions in the medium of language games.  Whether this encapsulated slice of linguistic alteration, upending traditional forms of communication because of electronic media and the hype of language abbreviated by Twitter, Texting and Tablet Titillations, will last the short life of technological innovation and obsolescence, is yet to be determined.

For example, the time of Shakespeare’s linguistic explosion of experimentation and expansive usage became in retrospect a richness of entering into connotative language meanings from which we benefit to this day.  But steadiness, continuity and conditions of stability are also important in order to take the proverbial breather to accept, embrace and assimilate (a term widely used for contextual purposes in modernity applied to immigration reform, as well) the linguistic revolutions that become incommensurate with meaning, communication and conveyance of terms.

Terms are important, both in common usage and in technical application.  In the arena of Federal Disability Retirement Law, different words are splayed about, sometimes without regard to proper application, especially when the “law” often requires a greater attention to precision of meaning.  Some simple and common crossovers of linguistic confusion involve:  “medical retirement” and “disability retirement” – do they mean the same thing?

If reference to either term involves the submission for an early retirement to the U.S. Office of Personnel Management, then the answer is “yes”, they do mean the same thing.  Federal Disability  Retirement is identical to “Federal medical retirement” if by such words the query is referring to filing for an early retirement based upon the Federal or Postal worker’s inability to perform one or more of the essential elements of one’s Federal or Postal position, and therefore the intention is to access an early annuity because of one’s early retirement based upon the medical condition, and submitted to the U.S. Office of Personnel Management.

Some other terms often confused or conflated:  “On-the-job injury” or “pre-existing condition”; these terms are often used in the language-arena of Worker’s Compensation issues, and rarely have any import – or applicability, at all – in the context of a Federal Disability Retirement application.  For, in a Federal Disability Retirement application, whether the applicant is under FERS, CSRS or CSRS Offset, it matters not whether or not one has been disabled “on the job” or away at a skiing accident; instead, what is important is the impact of the injury or disease upon one’s ability and capacity to perform the essential elements of one’s Federal or Postal position.  As for a “pre-existing” condition – that, too, is more likely appropriately defined in an OWCP context, and rarely in filing a Federal Disability Retirement application.

In any event, “terms” are meant to be used within a context-appropriate content of filings, and in preparing, formulating and filing an effective Federal Disability Retirement application, it is important to clarify and conform to the applicable statutory mandates in defining and using the terms which are most appropriate and effective.

For, in the end, the explosion of language during the era of Shakespeare and the Elizabethan Age reverberates with critical linguistic richness to this day; yet, if we were to have a conversation with a bloke from that era, the terms employed would not only confuse us, but confound us with a profound sense of despairing lack of cogency despite our self-aggrandizing declarations of superiority and advancement in the modern parlance of greater self-esteem.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Pretending

It is the creative imagination which ultimately separates man from his counterpart; and, in the end, those costumes we display, and wear as vestiges of who we were, what we have become, and how we want others to appreciate us — in the aggregate, they reveal either our pretending selves, or at the very least, our pretentiousness.

For Federal employees and U.S. Postal workers who have a medical condition, such that the medical condition necessitates filing for Federal Disability Retirement benefits under FERS, CSRS or CSRS Offset, the extension from childhood through adulthood is best personified in the ability and capacity to “pretend” — assume the role of the loyal civil servant; march on in quiet suffering; brave through in silent grief the turmoil of a progressively worsening medical condition.  But when “pretend” encounters the reality of pain and self-immolation of destruction and deterioration, there comes a point in time where childhood fantasies and dreams of want and desire must be replaced with the reality of what “is”.

That annoying verb, “to be”, keeps cropping up as an obstacle of reality, forever obstructing and denying.  Reality sometimes must hit us over the head with harsh tools of sudden awakenings; for the Federal or Postal worker who must consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the wake-up call is often the alarm-clock that rings after a long weekend, when rest and respite should have restored one to healthy readiness on the workday following, but where somehow the face of pretending must still remain.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney: Social Justice

Concurrent litigation entanglements occur often enough; if one has the capacity and ability to compartmentalize life, such multi-adversarial offensives can be effectively coordinated.  At the same time, however, it is important to recognize the folly of spreading oneself too thin; history confirms the defeats suffered at the principle of too much, too soon, as in Germany’s incursion on the Eastern Front while taking on North Africa and the entrance of the United States into a reluctant war.

Strategies of logistical considerations, as well as pragmatic considerations of finances, must always be a factor; thus, for Federal employees and U.S. Postal workers who face a future with an ongoing medical condition which prevents one from performing one or more of the essential elements of one’s job, consideration should be given to concurrent filings.

If an injury or medical condition is “work-related“, there is nothing wrong with filing for OWCP/DOL benefits, while at the same time filing for OPM Federal Disability Retirement benefits.  If both are approved, the Federal or Postal employee has the option of choosing to activate one, and allowing the other to be approved but remain passive.

Filing for Social Security Disability benefits, for those Federal and Postal employees under FERS, is a mandatory requirement during the process of filing for OPM Disability Retirement, anyway, so obviously the concurrent nature of filing is a necessary given.

When considering more far-reaching litigation entanglements, however, such as filing an EEOC Complaint potentially leading to a trial in the Federal Courts, pause should be given, if only because of the statistical disadvantage and high cost of such litigation.  A 2009 WSJ Article found that EEO discrimination lawsuits fared worst in statistical analysis in wins-to-losses ratio, and more recent studies do not provide greater encouragement.

While the recent focus upon the Pao v. Kleiner Perkins case would seem to highlight such statistical disadvantage, at the same time, one must recognize that the particular court case was a gender discrimination case filed and tried in state court, not in Federal Court, and each case reflects the complexity of the uniqueness of a particular set of facts.

The point here, however, is that while statistical analysis certainly can be skewed based upon a multiplicity of complex factors, for Federal and Postal employees who are considering filing for Federal Disability Retirement benefits, a pragmatic assessment should be made which asks, at a minimum, the following:  Do I want to be involved in a protracted litigation with my supervisors, agency and coworkers?  What is the purpose of my filing for Federal Disability Retirement?  Is the cost-to-benefit analysis sufficient in justifying litigation?  What is my definition of “Social Justice”?

For Federal and Postal employees, filing for, and obtaining, Federal Disability Retirement benefits is a practical exit from one compartmentalized stage of life; there is awaiting the next stage, of which Shakespeare reminds us all.

Sincerely,

Robert R. McGill, Esquire