OPM Medical Retirement Benefits: Confused confusion

Why confuse the confused?  Why confuse further the confusion that already confused even the least of the confused?  Why add to the confusion when the confused are confused enough as it is, and when confusion should be relieved by less confusion instead of confusing everyone further by adding to the confusion?

Life is confusing enough, and it is amidst the confusion of life’s state of perennial confusion that we seek relief from the confusing state of affairs, but which often leads to further confusion because we ourselves are confused.

It all began in childhood when first we entered the ice cream shop and had to choose between vanilla, chocolate and strawberry flavors — and we turned to our parents wanting all three, or one of them, or perhaps two out of three, and we admitted mournfully, “Mom, I’m confused.”  Then, the next summer, we stepped in line and looked up at the offerings, and there were 3 more flavors added — of caramel-something-or-another, chocolate mint and peach; and from thence forward, choices for unlimited quantities of alternatives offered bombarded our sensibilities and overloaded the limited circuitry of life’s options.

Then, of course, there was the “fax machine” that began it all — not having to have to wait for the snail mail to carry back and forth the correspondence that was being typed first on a manual typewriter, then an electric one, then a “word processor”, then a tabletop computer, then a laptop, and then the smartphone and beyond — where every written piece of memorialization could be instantly received, to be further replaced by emails, attachments to emails, shared documents and instantaneous transmissions through the netherworld of constant connectivity; and we wonder, are we any clearer within our lives than before the confused confusion we experience today?

For Federal employees and U.S. Postal workers who believe that the Federal Disability Retirement process is a rather confusing administrative morass, such a belief would not be unfounded.

The complexity of the process — of what meets and constitutes the “preponderance of the evidence” test; of the multiple and various case-law precedents that determine and define the eligibility criteria for a successful Federal Disability Retirement application; to the confusing language contained in SF 3112C that will supposedly “guide” the treating doctors into providing the necessary medical information in order to successfully meet the eligibility criteria — all of it is inherently and purposefully complex and confusing.  How does one cut through the thickets of confusion?

To begin with, confusion is sometimes confused with complexity; and though they share some characteristics, the difference between the two is that while one possesses inherent elements which may lead to confusion, the other (confusion) is not necessarily defined by them.

Federal Disability Retirement is a complex administrative process, and the confusing elements within the process can lead to later complications unless clarified at the early stages.  To do so — i.e., to clarify the confusions and simplify the complexities — the Federal or Postal employee may want to consult with an experienced attorney who specializes in that complex and confusing area of law identified as “Federal Disability Retirement Law”.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Claims: The Cynic’s Corner

The Cynic’s Corner is that part of the mindset that has encountered the worst of human behavior; where sunshine is merely a prelude to a dark cloud; when brightness is predicted to last for only a short while; and where — when a declaration is made with a joyful sound of delightful exclamations like, “It’s the weekend!” — is immediately followed by the undermining postscript, “Yes, and then Monday follows.”

The view that life’s brutish perspective can be seen in stark contrast with the idealist’s naïveté that everything has a bright side to it, that human depravity always wins out by love, and sunshine always follows a cloud burst or a week of rainy Sundays.  Is moderation always the answer to the charge that truth never fits upon the spectrum of excessiveness, and it is the extremes of perspectives that defy the logic of truth?

The Cynic’s Corner is attained and reserved by and for the aged; for it is only by experience of life’s encounters with daily human depravity that one can come to the conclusion that the Cynic’s Corner has reached.  The fresh smile of youth’s hope; the innocent eyes for the swan in flight or the fawn in the hunter’s headlights; these will dissipate like time, wrinkle-less laughter and the fresh bones of a healthy body; and then the cynic whispers, “But in the end, we all wither and die.”

Perhaps.  Or, more to the point, Yes, there is certainly an end to everything, but isn’t the point not of how it ends, but of the manner it is lived?

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition itself has reached a critical point of “no return”, it is important to prepare an effective Federal Disability Retirement application, whether you are under FERS, CSRS or CSRS Offset, and submit it in a timely manner with the U.S. Office of Personnel Management.

If you are already a member of the Cynic’s Corner, then you will have already concluded that everything that could go wrong in the preparation, formulation and submission of the Federal Disability Retirement application, can and often does go wrong, and that is why consulting with an attorney who specializes in Federal Disability Retirement law is an essential feature and component of the entire administrative process, lest you have renounced your seat at the Cynic’s Corner and have instead joined that “other” club — the Knights of Naïveté.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from the Office of Personnel Management: The soul’s net worth

What is one’s sole net worth?  In a written format, the distinction between the two concepts are quite obvious; but if in a verbal exchange, would we be able to catch that subtle distinction of nonexistent intonation?  For, the exchange of the vowel “u” in the middle of the word for an “e” attached to the tail alters the meaning of the query, does it not?

From an evaluation of one’s singular calculation – of taking the gross amounts of estimated value of possessions and purchases and subtracting outstanding debts, etc., and accounting for one’s sole net worth – not taking into consideration one’s spouse’s inheritance or assets predictably to be acquired – to a theological analysis of a particular person’s essence, is quite a modification in the very context of substantive investigations.

How do we determine the latter?  Can “assets” be exchanged for “good deeds” and “debts” for “sins committed”?  Or must we be restricted to such a theological paradigm based upon traditional perspectives of Western conventional values?

Instead, why not transform the soul’s acquired possessions for “those deeds which have advanced mankind’s happiness” and the debited side of the ledger calculated by the diminution of joys snatched and by the pounds of flesh extracted, the cups of tears compelled and the scars left for eternity’s judgment?  And, if there is to be a consequence to follow, a bifurcation between paradise and hell, a mansion with many rooms or a shanty for the mendicant, then the dervish that seeks may yet account for past deeds if the good intent revealed later in life may vanquish those miscreant motives once unfulfilled in the early days of youthful vigor.

Yet, can a soul’s net worth indeed be calculated in terms of a sole net value?  Can we use the identical mathematical method in determining such a vaunted essence of Man’s substantive Being?  If the answer is ‘no’, then why is it done each and every day, not only by others, but surely by you and I?

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, whether the Federal or Postal employee is under FERS, CSRS of CSRS Offset, does not the Federal Agency or the U.S. Postal Service calculate the soul’s net worth in that very manner as a determination of his or her sole net value?

That is, in essence, what a denial of a requested accommodation constitutes; it is what a judgment of termination can be deemed as, and it is precisely what is done when workplace harassment and increasing pressures to “get rid” of the Federal employee or U.S. Postal worker – all of these are means of determining the soul’s net worth by the vehicle of an accounting method tantamount to the sole net value of a person.

The sad thing is, like gods, angels and unicorns held in the fancy of a child’s palm, such a calculation is not only a sin, but a travesty reflecting the darkness of our times, and but for preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, the shooting of the unicorn would occur even more frequently while ignoring the pleading cries of a child’s trembling advocacy.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: Magic & the laziness factor

Magic is something we cling on to, if only as a last vestige of the light of hope, flickering ever so delicately against the tumultuous winds of a world gone mad.  In childhood, it was an imagination enlivened by the pure delight of fairytales, mythologies and rhymes of wands in the single sweep where the golden dust of insurmountable problems is suddenly a trail of corrective bygones with mere words of incantations mysterious to eyes agape with wonderment and awe; and in the middle-to-growing times, the words altered somewhat, the concept changed and the linguistic construct evolved to imply an attitude, a hope, an approach to future life based upon hard work, honesty and mere cannibalism of negative thoughts.

To remain positive was to overcome the vicissitudes of reality; to forego immediacy of pleasure, a pathway to self-discipline.  But time has a way of defeating and beating down even the best of men; there are few limits to the unseen enemy, and much which constrains the visible.

Is there magic to be gotten?  That hope without substance which we pray for; that lottery ticket in the face of statistical impossibility; and that verbiage we throw about by inane moments of meaningless contexts — “There is always tomorrow”.  What have we not shed but to which we cling?  To what do we cling that no longer applies?  Or is it mere laziness, the factor that we dismiss but for everyone else?

In modernity, of course, such tendencies and proclivities toward the magic of superstitions have become exponentially magnified through games of virtual reality, and the numerical chimera of Facebook “likes” replacing actual friendships and human bonds.  Then, when reality hits us square in the face, we fall apart all the more easily, for want of preparation in the face of true vicissitudes that shake the cavernous combustions of this world we live in.

Medical conditions are just one of those realities that cannot be ignored.

For Federal employees and U.S. Postal workers who one day wake up to the realization that there is no magic to impart when a medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal positional duties, and that the pragmatic step of preparing an effective Federal Disability Retirement application may be the best alternative available, the conjunctive one must often face — “and the laziness factor” — is a reminder in two ways:  First, in making sure that you do not allow procrastination to impede the path towards a future for success, and Second, to not be deterred by coworkers and others who criticize ignorantly by alleging that it is all “made up” in order to “game” the system.

The law is what the law is; and Federal Disability Retirement is a system reflecting a progressive perspective on workers who can no longer perform a particular kind of job in the Federal sector and the U.S. Postal Service, but who may be able to remain productive in some other capacity in the private sector.  That is why Federal Disability Retirement annuitants are allowed to make up to 80% of what his or her (now former) Federal or Postal position currently pays, in addition to the annuity being received, and continue to retain the Federal Disability Retirement annuity — precisely because it is a recognition that the Federal or Postal employee is not “totally disabled“, but rather, disabled only from performing one or more of the essential elements of a particular job.

The “real world”, as a grown-up views it, must set aside the magic of make-believe trailing upon a disillusionment wrought in the face of experiential encounters that incrementally beat down and squeeze out the wonderment of childhood thoughts; but hope for a better tomorrow should never be extinguished, and while the flicker of a dying flame emitting light in the deep abyss of despondency overshadowing the magic of bygone days may indeed threaten the future, never allow for the appendage of the laziness factor deter the best step forward in preparing, formulating and filing an effective OPM Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The caustic nature of disdain in parity

In human history, class structure — whether of bloodlines or lineage; of wealth or claim to title and royalty; or of validated descendants from ancestral superiority — has been the norm.

Then, along came a religious figure (unnamed herein to avoid risk of inflammatory offense and preventing the potential for implosions of alarming hashtags in fits of fear and panic) who posited the notion that the “poor” (that class of mass populace which comprises the greater part of the world) should take “pity” upon the “rich” (those in the minority of the greater class struggle who control and manipulate the invisible levers of the world) because of the difficulties inherent in obtaining the proper credentials to enter through the proverbial pearly gates.

He went further in word-pictures of masterful storytelling, painting images of hellfire, suffering and punishment for those who mistreated the former, and where rewards, awards and commendations bestowed were merely of a temporary and ephemeral nature, whereas the eternal damnation based upon pleasures enjoyed in the temporal world would last well beyond the palliative superficiality of currency beheld.

The problem unstated, however, when the concept of “pity” was introduced, was twofold:  First, the validation of such a feeling and perspective made equals of those in unequal circumstances, and one could even argue, reversed the roles maintained for societal conformity and stability, and enforced a parity of stature; and, second, the emotional and psychological make-up comprised in the very heart of “pity”, is akin to “disdain”, and is a close cousin thereof.  Yes, yes — the one attaches to charity, a desire to assist and retains elements of empathy, sympathy, etc.; but it is more than that.  “Pity” allows for parity of status and stature, just as “disdain” reverses the roles of societal convention.

That religious figure of yore (though we may impute total and complete omniscience upon the fella) injected into society a heretofore unnecessary and problematic component of societal disruption.  It is, indeed, the caustic nature of disdain, which can evolve from pity, that presents itself as the poison which kills and the infectious spreading of ill-will and discomfiture.  The feeling of unease quickly spread throughout nations and continents, and we are in the state we find ourselves in modernity, because of that uninvited infusion of dissatisfaction.

For Federal employees and U.S. Postal workers who daily toil with a medical condition, and face the onslaught of the Federal workforce and the Postal groups, the problem of pity and disdain, and their combined causticity is well-known.  So long as you were healthy and fully productive, your coworkers, Supervisors and Managers treated you within the well-defined “class-structure” of acceptable conduct and behavior.  Once it was “found out” about your medical condition, suddenly their attitude and treatment towards you changed, and altered dramatically, or perhaps (in some instances) in incremental subtleties of quiet reserve but spiteful turns.

Perhaps some “pitied” you, and you them; but such feelings have turned to disdain — not on their half, but from your perspective. Why?  How?  You are the one with the medical condition, who cannot perform all of the essential elements of your Federal or Postal job, so what right have you?

Precisely because of that historical figure of yesteryear; that the true essence of human nature is to be cruel, and thus the best alternative remaining is to prepare an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, in an effort to preserve the last vestiges of a class structure quickly fading in this world where the caustic nature of disdain in parity still survives.

Sincerely,

Robert R. McGill, Esquire