Attorney for OPM Disability Retirement Claims: Confessions & public domains

Why is it that confessions and public domains represent a relief of sorts, an expiation of self-contained guilt and a sense of “righting” a wrong?  In Catholicism, confession holds a prominent place in the liturgy of that which constitutes a faithful observant; in crime novels, the taunting serial criminal is said to subconsciously “want” to confess to the crime, and leave multiple fingerprints at the scene of each devastating incident in an effort to provide a trail of enough clues to ultimately lead to his or her arrest, thus in effect “confessing” to each of the acts of psychologically diabolical intrigues; and for the ordinary person, there is added stress to the body when one refuses to confess to the public domains of one’s life, those “inner” thoughts that are somehow anathema to the acceptance of behavior in the “outer” universe of public discourse.

That conflict between one’s “true” identity as encompassed by the insular universe of one’s private thoughts and the appearance of one’s character in the public domain — what some would call the hypocritical tug-and-pull of reality-versus-appearance, or of what others would admit is comprised by the true essence of man as opposed to the public face that hides the inner soul.

Whatever the origin, truth or appearance of the matter, what we often discover is that there is, indeed, a certain sense of relief in making a confession within the public domain — whether that is satisfied by talking confidentially to a close friend (which is somewhat of an anomaly in and of itself — of merely confiding with another and creating a conspiracy of two instead of one), making a public pronouncement; “confessing” to one’s spouse; going to a group therapy session and admitting to things in front of that collection of individuals; and other similar acts that somehow expiate the inner turmoil of one’s soul.

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, preparing an effective Federal Disability Retirement application and actually filing it with the Agency or the Postal Service, then on to the U.S. Office of Personnel Management, is somewhat akin to making a “confession” in the public domain.

Part of the greater stresses of continuing on in this mode of secrecy — of trying to “mask” the medical condition from one’s Federal Agency or the Postal facility for fear of retaliation or harassment — is actually relieved by the “confession” of preparing, formulating and filing an effective Federal Disability Retirement application, filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, and it is in the “public domain” of the U.S. Office of Personnel Management, or better known by its acronym, OPM, that one finally begins the long and arduous trek of regaining one’s health, by tapping into that traditional method of confessions & the public domains of life’s priestly expiation of the inner sanctum of one’s soul.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement Application: The tumescent narrative

The pendulum between a swollen ego and a timid conscience can be wide and vast; or of the difference between panicked shyness amounting to a hermit’s refuge, and arrogance in man that betrays the smallness of one’s heart.  Being “puffed up” is one thing; demanding one’s rights without persuasive argumentation, quite another.

In formulating one’s “story” in preparing an effective Federal Disability Retirement application, specifically on SF 3112A, Applicant’s Statement of Disability, the undersigned lawyer has seen – when a person has tried this on his or her own at the First Stage of the process, been rejected, and has come for assistance and legal guidance at the Second Stage of the Process (called the “Reconsideration Stage” before the U.S. Office of Personnel Management) – an underlying tinge of what may be deemed a tumescent narrative:  A delineation of demanding, as opposed to persuading, of asserting, in contrast to revealing, and one of puffing up, in contradistinction to allowing the facts to speak for themselves.

Fear is often the explanation for engaging in a tumescent narrative; for, to cover that fear, arrogance and puffing up is thought to conceal the stench of fright.  What should be the voice, tone and approach in a narrative statement to the U.S. Office of Personnel Management?

Certainly, every story has a tonality that undergirds the telling of it, and even if the voice is absent, the speaker not present, the written delineation will still spill over with a cadence of unmistakable clarity.

Should the voice reveal humility, a begging for an approval?  Should it be demanding, overreaching, iconoclastic in its compelling movement?  Would it be better to be neutral, state the facts and respectfully request a fair review?  What of the references to legal precedents – is there an appropriate tone and gesture to the argumentation and methodological road-map presented to guide and persuade?

Every written narrative – even a few sentences – can reveal a “voice” behind the static nature of the written words.  In preparing an effective Federal Disability Retirement application, the Applicant’s Statement of Disability will be a central component of the application packet; and, if an attorney is involved, a legal memorandum should always accompany it by providing a statutory roadmap to the U.S. Office of Personnel Management.

What most people do not understand is that the tone and voice of a Federal Disability Retirement packet – with the compendium of medical reports, narrative statements on SF 3112A, legal memorandum and argumentation for persuasion to an approval – can have a shifting tone depending upon what is being addressed.

The tumescent narrative is one which is likened to a mono-tone, and therefore, to a great extent, tone-deaf.  Circumstances should dictate the voice of the narrator; where facts are stated, neutrality is called for; when persuasive argumentation is encompassed, a bold and confident assertiveness.

The effective Federal Disability Retirement packet must embrace a variety of voices, and never allowed to be relegated to the quivering reaction of a tumescent narrative, where fear becomes the guiding principle for an ineffective voice.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement for Federal Employees: Preparation subverting the moment

“Seize the moment” (or the day) – isn’t that the mantra of modernity?  Never let consequences or the hurt of others delay the enigmatic pleasures of bodily delights.  Forget results; ignore preparatory steps, as that would waste valuable time otherwise left for delectable dalliances.  If modernity has translated “worth” and “value” in terms of present moments of existential delights, then the greater heightening of each event of ecstasy experienced in the “now” of every life should be exponentially enhanced at every opportunity available and presented.

Technology has only further advanced the aversion to planning and foresight; for, the conversation quieted when memory once required of reflection and racking of remembrances is now quickly replaced by a button push that Google immediately answers.  “Now” is ever more the gratification never to be delayed.  Modernity and  youth have been its unfortunate byproduct, where any notion of  preparation constitutes a delay of that instant gratification.

But life has a tendency to create tumult and intervene with a dose of reality, and medical conditions exponentially show us that the moment left without delay requires greater reflection and contemplation – and this is especially so with Federal employees and U.S. Postal workers under FERS, CSRS or CSRS Offset.

“Seizing the moment” and quickly putting together a Federal Disability Retirement packet when a medical condition begins to prevent the Federal or Postal employee from performing all of the essential elements of the Federal or Postal employee’s position, is likely not the best approach in preparing, formulating and filing an effective Federal Disability Retirement application.  Not in all cases does preparation subvert the moment; often, in life, the “moment” requires preparation, as well as a thoughtful course of planning and reflective methodology of formulating a strategy for the future.

Modernity has invented some great contraptions; technology has saved time (or so they keep saying) and replaced human capacity with easing of burdens.  In the end, however, it is up to the planner to plan, and the Federal or Postal employee to seize that “moment” and project it into a plan for a better tomorrow, by preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement under FERS or CSRS: Clueless

We are, for the most part, clueless in most things.  Those very limited subjects of which we are deemed an “expert” or having some partial knowledge about, are merely one in a million, and so we walk around thinking highly of ourselves, yet clueless in 99.9% of everything else.

Fortunately, there is no criminal statute that can be imposed upon being clueless.  Life is complex enough without having to acknowledge that we walk about without any real idea as to how to tackle the problems; but as braggadocio wins the day for most people, most of the time, so long as the next guy believes that we know what we are doing, it counts for much of life’s conundrums.

Most people aren’t even barely competent in their chosen fields until they have been engulfed in the technicalities presented for 20 – 30 years; then, just when competence is assured, we are fired or otherwise dismissed summarily.  Knowledge and wisdom in this country is never valued; rather, the cult of youth, plastic surgery to extend the appearance of it, and the irrelevance reflected in casting aside those who have passed the halfway mark reveals much about this society.

That’s the problem with Federal agencies and the U.S. Postal Service; they believe that Federal employees and U.S. Postal workers are essentially fungible goods, replaceable with youth or some other inexperienced and clueless individual.  Look at the entire issue of “accommodations” and Federal Disability Retirement law; agencies rarely put in the effort, other than a simple computer search to try and do a “match” between skill-sets and position descriptions (sort of like a corollary to internet dating sites), and the entire process and procedure reveals much about the value that Federal agencies and U.S. Postal workers place upon experience and wisdom.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the questions surrounding SF 3112D and the Agency’s efforts to reassign or otherwise “accommodate” the Federal or Postal employee’s medical disabilities, is a rather complex issue to explain in full.

Suffice it to say, however, that a truly viable, legally-acceptable accommodation rarely, if ever, happens, and therefore is almost never a roadblock to filing an effective Federal Disability Retirement application.  It is just another indication of how clueless even the Federal Agencies are, as well as the U.S. Postal Service; and as we all step into the general cauldron of cluelessness within the confines of a clueless universe, preparing an effective Federal Disability Retirement application can serve to be an escape into the next phase of a clueless process.

Sincerely,

Robert R. McGill, Esquire