Medical Retirement under FERS: When something is determined

How do we know that a person is “good”?  Or articulate?  Or of a criminal bent?  When do we say, “Oh, the movie is too boring,” and then proceed to turn it off and go and do something else?  Or, at what point does a person determine that a book is worthwhile?

Is there a “set” point, or does it just depend upon different tolerance levels for each individual, such that some people will stubbornly refuse to give upon on X, whereas others with less patience will easily abandon any sense of loyalty or dependence?  As to the latter — of “dependence” — is there a point of unhealthy attachment even when everyone else has given up the proverbial ship?  To that end — when does “loyalty” begin to smell of foolhardy obedience to signs others would otherwise deem as self-destructive?

At what point does a person consider the ratio between toleration of a boring book or movie in comparison to the potentiality for a better ending, and continue on the trek of boredom in hopes of realizing a greater and more exciting future?  Are there character-traits by which we can determine a “healthy” sense of determination as opposed to a weak-willed willingness to be trampled upon or waste one’s time and energy?

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 job, the “when” of determining — as in, “When is it time to file for Federal Disability Retirement?” — is something that must be gauged according to the uniqueness of each individual circumstance.

Certainly, when the Agency begins to initiate adverse actions; certainly, when a doctor recommends such a course of action; and, certainly, when it becomes apparent that the Federal or Postal employee can no longer perform one or more of the essential elements of one’s job.

When something is determined — it is an important analytical judgment that must be decided in light of the fact that preparing, formulating and filing for FERS Disability Retirement benefits is a long and complex administrative, bureaucratic process, and consultation with an attorney who specializes in Federal Disability Retirement Law is a first step in determining that which is important to determine when something needs to be determined about.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement from the OPM: Loss of Perfection

Is the human species the only one on earth that holds within it a paradigm of perfection?

That is, of course, the argument used by Medieval Scholastics in arguing for the existence of an omniscient being — that, in order for an imperfect being to possess and have the very idea of perfection, there must by logical necessity exist an objective Being who manifests the characteristics of perfection.

This is a much-simplified version of the Scholastic Philosophers — one such example being St. Anselm’s Ontological Argument for the Existence of God, which begins with the rather confusing linguistic pretzel of: God is that than which nothing greater can be thought of….  Such linguistic complexity makes one pause and consider the conceptual conundrum of defining an X which is beyond the thought process within one’s capacity, but that is, indeed, the major premise in the syllogistic proposal.

The minor premise, of course, is the statement posited in an offhand, understated way: That “to exist” is greater than “not to exist” — and how many of us would deny such a self-evident proposal?

And the conclusion that would follow naturally is that, because existence is self-evidently better than not to exist, therefore that than which nothing greater can be thought of must by logical consequence “exist”. Beyond the simple positing of such a syllogism, however, is the problematic follow-up that has beset our society and modernity — of perfection’s damaging residue upon a society which demands nothing less than perfection.  Or, rather, in today’s universe, it is the appearance of perfection that matters, and the destructive effect of such bosh.

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 loss of the appearance of perfection will mean that the Federal Agency or the Postal Service will begin to (if it hasn’t already) punish, harass and demean; for, one of the greatest sins since Eve’s misdeed and Adam’s deficiency is of being mortal, of showing vulnerability and revealing weakness; in other words, one’s appearance of perfection has been shattered.

That is when preparing, formulating and filing for Federal Disability Retirement from the U.S. Office of Personnel Management becomes a necessity — for, the other syllogism for Federal employees and Postal workers suffering from a medical condition is thus: Imperfection is a reality of life; health conditions are an inevitability for most; Therefore, filing for Federal Disability Retirement is the next logical step.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Artemis for Our Age

Perhaps the most venerated of the Greek deities; but why?  As protector of young girls, the Greek mythological figure is always associated with the hunt, carrying with her a bow and arrow, accompanied by a loyal deer; is it chastity and fidelity that make her so attractive?  Do we have an Artemis for our Age — someone whom we can look up to, to feel the warmth of love and pure presence, if only to provide comfort in times of turmoil?

We give lip-service to terms like “community” and how it “takes a village” to bring up a child; of the importance of “family” and “family-values”; and yet….  When words are merely utterances without an action to follow, do they ring as hollow as the sound of an echo in a dark cave where no one can hear?  Is it because we have become so cynical in modernity that we cannot fathom an Artemis for our Age?  Does believability depend upon ignorance, and does ignorance result in the greater bliss where faith and happiness can coexists despite the dreary conditions of daily existence?  Did Greek Mythology develop because of a need for human beings to explain the anomalies of the universe, and was it science that destroyed the structure of such paradigms?

Without an Artemis for our Age, the promise of creativity in the innocence of childhoods yearning for something more than the reality of daily existence becomes a mere hope without even the scent of faith.

For Federal employees and U.S. Postal workers who are seeking to file for Federal Disability Retirement benefits under FERS, the ugliness which develops in the very process of such seeking is often what destroys any faith in an institution.  Medical conditions, once revealed, tend to bring out the worst in agencies: Suddenly, “loyalty” is no longer a concept discoverable; “empathy” is a far cry from reality; and “accommodation” becomes a foreign concept even when there are laws to try and protect it.

The Artemis for our Age has simply become the use of laws as the weapon to wield; and when a Federal employee needs to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, legal representation is what forces the Agency and OPM to comply with the law, and that is about as close as we can get to in finding an Artemis for our Age.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Claims: The Lost Wallet

It is a sinking feeling, a sense of foreboding, and a sudden realization of the empty back pocket that then leads to a feeling of panic.  Or of reaching and finding that the purse that is so carelessly hanging from one’s shoulder, or looped over a forearm — is not there.  It is the nonexistence of something that suddenly brings to existence the sensation of fear, emptiness, loathing — and resultant panic. Whether of the variety where the pit of one’s stomach becomes queasy, or of a disorientation of being, matters very little.

We can try and describe it, but we all recognize it without ascribing and identifying the precise word that depicts the reality of such extinguishment of existential reality: The lost wallet, the stolen purse, the sudden void of that which we have taken for granted each day; and the subsequent sense of the consequences that ensue.

It is not just the trouble of future replacements; the calls to credit card companies, the trip to the Motor Vehicle Administration, and the irreplaceable photograph tucked into the side pocket of the wallet (sorry for showing one’s age — of course, no one keeps such passport-sized photographs in a wallet, anymore, as the anachronism of such a deed has been replaced by the “saved” pictures in that ethereal “cloud” within each Smartphone so that, even if the phone itself is lost, it is never truly lost because it is forever kept in world of downloadable albums) — no, the loss is exponentially multiplied by a sense of having one’s identity violated, and of feeling that an event has occurred where something essential has been extracted from our very existence.

The lost wallet inevitably leads to a first impression of panic; but as panic is a natural reaction, it is what we do next that matters most.  And like the Federal employee or Postal worker who first realizes that he or she suffers from a medical condition, and over time, senses that the medical condition will not simply “go away”, it is the steps that follow upon the news first learned that will have the significant impact upon one’s future livelihood.

Preparing an effective Federal Disability Retirement application, to be ultimately submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is that “next step” after the foreboding sense of reality has first been experienced.  And like the lost wallet that will need to be replaced, a Federal Disability Retirement annuity is the needed replacement for one’s career; and while the replacing features may not be as good as the health one once enjoyed or as lucrative as the career one previously pursued, it is a new identity that will be needed until the lost wallet is recovered in some future image of a past relinquished.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement: Meeting the basic requirements

As with any endeavor, meeting the basic requirements is the minimum standard.  For Federal employees and U.S. Postal workers who are considering filing a Federal Disability Retirement application, it is important to understand the basic eligibility requirements in order to qualify for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Here are a few: The minimum Federal Service requirement (18 months); of having a medical condition during the tenure of one’s Federal Service that prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal position; and an inability by the agency to provide reasonable accommodations or reassignment; and some further factors to be considered, as well.

Beyond the basic requirements, of course, are the technical issues that have developed over many years and decades, primarily through statutory interpretation as expounded in court cases and decisions handed down by the U.S. Merit Systems Protection Board and the Federal Circuit Court of Appeals.  There are, moreover, legal refinements and interpretations that go beyond the “basics”, and while meeting the basic requirements is an important start, it is critical to understand the technical legal refinements which have evolved over the years. “Always start with the basic requirements; and from there, consult with an expert for further details.”

Such is the sage advice often given before involving oneself in a complex process, and Federal Disability Retirement Law is one such administrative endeavor that should take such counsel into account.

Start with meeting the basic requirements — of the minimum 18 months of Federal Service; of having a medical condition such that the Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s Federal or Postal job; and from there, seek the advice and counsel of an attorney who specializes in Federal Disability Retirement Law — another “basic requirement” in preparing, formulating and filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: Trials of error

Normally, of course, the common usage of the terms involve the combination with a conjunctive — of trial and error, implicating a process whereby the latter term triggers the former (i.e., the “error” forces us to engage another round of trials, which then may lead to further errors resulting in further trials, etc.) into a potentially lengthy repetition of attempts, each with the advancement through possession of greater knowledge gained from the errors identified and witnessed.

The concept as it stands, however, implies something further:  of the experience of each error and the process within such error and what the error may implicate.

Human beings have an expansive capacity to “move on” quickly beyond errors made, and perhaps that ability of adaptability is an evolutionary advantage for a species that makes a fair number of errors that, in other contexts and within other species, would spell the extinction of the species itself.

Errors compounded go beyond the experience of the trial itself; sometimes, errors lead to other errors, and thus the “trials and errors” in their aggregate allow for greater knowledge and adaptability depending upon the nature of each error and of many trials.  But it is the trial of the error that often needs to be paused, and allowed to ponder upon, before going on to the next trial, lest the lesson from any one error has not been sufficiently learned before a further trial is engaged.

Sometimes, of course, the trial of an error, if not sufficiently comprehended and reflected upon, is the very reason why further errors of judgment follow, precisely because not enough time has been spent upon the nature of the error 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 one’s Federal or Postal job, it is important to recognize the trial of an error — for, with a Federal Agency or the Postal Service, one is encountering a behemoth of intransigence when attempting to garner any sympathy or loyalty.

Medical conditions themselves are “trials” enough, and when a Federal Agency or the Postal Service begins the process of punishing the Federal or Postal employee for taking too much SL or LWOP, or even invoking FMLA rights, the “error” is not so much the trial of patience, but rather, in thinking that the Federal Agency or the Postal Service was ever on your side to begin with.

While a Federal Disability Retirement application may not be a strictly “adversarial” process, one must always consider whose “interests” are being looked after in each trial encountered:  the interests of the Federal Agency or the Postal Service, or of one’s own?

The trial of error often begins with a mistaken identification of a more fundamental error on the part of the Federal employee or U.S. Postal worker, and for the Federal or Postal worker contemplating filing for Federal Disability Retirement benefits, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, the first step in preventing the greater trials of multiple errors is to consult with an experienced attorney who specializes in Federal Disability Retirement Law.

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