Tag Archives: lawyer counseling for postal workers with health related issues

Federal Employee Disability Retirement: Disambiguation

Aside from being an ugly word, it begins with the premise of negation and mistake.  As a reversing force, it clearly undermines the root word and takes away from the primary centrality of meaning.  It is the ambiguity which needs to be corrected.

In narrative forms, where stated purpose is important to convey, to begin with a lack of communicative clarity presents a problem of origins.  Where one begins; how one came to be formed; the historical context of one’s existence; these are all contained in the roots of the pretext of being:  “The beginning…”

For Federal employees and U.S. Postal workers embarking upon the voyage of formulating, preparing and 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 important lessons to be gleaned from such a concept is that the vehicle of the written word is best put forth at the outset without a later need for correction.

Arguing one’s medical condition, and the linguistic bridge between one’s positional description of duties for a Federal agency or the U.S. Postal Service job, requires a clear and linear methodology of logical argumentation.  Preparing an effective Federal Disability Retirement application should not lead the reviewer at OPM to scratch one’s head in confusion; rather, there should be an unwavering “point-by-point” roadmap like an unequivocal teleology of straight and narrow discourse, without confusion, without puzzlement, and certainly without the creation of an endless maze.

There are times when convoluted discourse has an intended effect, and where lack of core clarity may have its advantages (look, for instance, at politicians who dissemble for obvious reasons on those sensitive “issues” during a debate); but walking on a bridge without railings on a thick misty morning has its dangers, and it is better not to have fallen, than to learn that the depths of the rushing waters below requires more than just an ordinary swimmer’s strength.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: The Categorical Imperative

It is, of course, the foundation of Kant’s moral philosophy; of the unconditional call to act in a certain way, accepted and mandated precisely because there is no room for question.  But that life were so easy; automatons would simply act in mechanistic ways, driven by moral certitude; free will could be determined by the comforting thought that universal codes of conduct shall always confine and direct.  And bureaucracies would always make decisions within a framework of computational algorithms.

But Federal Disability Retirement is not a matter of a diagnosis; unlike Social Security Disability, which does contain a semblance of categorical imperatives when it comes to certain medical conditions, the preponderance of the proof needed in becoming eligible for Federal Disability Retirement benefits is threefold: First, the minimum number of years under FERS (18 months of creditable Federal Service) or CSRS (5 years, which is presumably already met by everyone in that retirement system); Second, a medical condition which came into existence during the time of Federal Service (with some arguable exceptions within one (1) year of being separated from Federal Service); and Third, a nexus of relevant impact between one’s medical condition and the essential elements of one’s positional duties one performs for the Federal agency or the U.S. Postal Service.

It is this third step in the process which effectively compels one to step outside of the identification of Federal Disability Retirement laws as containing an element of the categorical imperative; for, in the end, it is not simply an evaluation of “which category” one falls into, but rather, how significant and persuasive is the bridge built upon between the two primary land masses:  one’s medical condition (land mass #1) and the essential elements of one’s Federal or Postal job (land mass #2).

That metaphorical “bridge” must be constructed with care, clarity, and concrete argumentation of persuasive force in order to withstand the inspecting scrutiny of the U.S. Office of Personnel Management.

Look upon it as if OPM is walking through the construction site with a hard hat, pen in hand and taking notes furiously in attempting to discover deficiencies in the qualification standards imposed.  Jumping up and down and screaming at the inspector that the bridge fits into a pre-defined category will not suffice; instead, the categorical imperative must be argued for by pointing to the medical evidence, the law, and the connective tissues which form the effective and persuasive confluence of all of the elements which comprise the ultimate imperative of life:  that of a methodology of argumentation that one is “right”.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Living “As If”

We all engage in it; it is a pastime, of sorts, which is enjoyed by the multitude, and reveals the imaginative capacity of the human animal, but with lingering questions concerning the evolutionary viability and purpose as to the utility of the need.

James Thurber’s “Walter Mitty” (the full title of the short story, which first appeared in The New Yorker in 1939, is “The Secret Life of Walter Mitty”) relished the inherent escapism provided by the contrasting chasm between the monotony and oppressive reality of daily living in comparison to the far reaches of one’s imagination, thereby revealing the unconstrained heights of the human mind.

Living as if the reality of the objective world is not as it is, can be both enjoyable and healthy.  In this technological age of unfettered virtual reality, of computer-generated imagery melding the borders between that which constitutes reality and fantasy; and where little room is left to the imagination; perhaps the death of the world of imagination is about to occur.  Is that a good thing?

The problem with living “as if” has always been the other side of the two-edged knife:  the value of the first edge was always the creativity and imagination which revealed the powers of the human mind; but too much escapism, and one entered the world of self-delusion and consequential harm resulting from inattentive avoidance generated by reality’s harshness.

Some things just cannot be put aside for long.  Medical conditions tend to fall into that category, precisely because they require greater attendance to life, not less.  And that, too, is the anomaly of daily living:  when calamity hits, the world requires more, just when it is the reality of human compassion and empathy which is needed.

In the world of fantasy, those values of virtue which makes unique the human animal become exaggerated.  We enter into a world filled with excessive warmth, humanity, empathy and saving grace; when, in reality, those are the very characteristics which become exponentially magnified during times of crisis.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s positional duties in the Federal government or the U.S. Postal Service, the idea that the workplace may reveal support and accommodation for one’s medical condition is usually quickly and expeditiously quashed.

Federal and Postal workers who have given their unaccounted-for time, energy, and lives throughout the years, and who suddenly find that they cannot perform at the level and optimum capacity as days of yore, find that reality and fantasy collide to create a stark reality of disappointment.  When such a state of affairs becomes a conscious reality, consideration should always be given to filing for Federal Disability Retirement benefits.

It is an employment benefit accorded to all Federal and Postal employees, whether under FERS, CSRS or CSRS Offset, and must ultimately be filed with the U.S. Office of Personnel Management (if one is still with the agency or on the rolls of the U.S. Postal Service, then the application for Federal Medical Retirement must first be filed through one’s Human Resource Office; or, if separated but less than 31 days since the date of separation, also through one’s own agency; but if separated for more than 31 days, then directly with OPM, but within 1 year of separation from Federal Service).

In the end, of course, the wandering imagination of the human mind only reveals an innate calling and need to escape.  Whether that call into the far recesses of fantasy reveals a defect of human capacity, or a scent of the heavenly within the brutish world of stark reality, is something which we should perhaps never question.  For, even on the darkest of days, when clouds of foreboding nightmares gather to portend of difficult days ahead, it is that slight smile upon the face of a person daydreaming amidst the halls of daily reality, that sometimes makes life livable and serene despite the calamitous howls of ravenous wolves snarling in the distant harkening of time.

Sincerely,

Robert R. McGill, Esquire

 

Experience and Federal Disability Retirement Benefits

The vicious circularity of having or not having “experience” is comprised of the following: If too much weight is placed upon it and one is passed over because of its lack, then one will never be able to attain the experience needed in order to qualify; in order to attain experience, one must be given the opportunity to grow by trial and error; but such trial and error only reveals the lack thereof.

For most endeavors, the experience of undergoing X is merely a singular event, and one need not have repetitive encounters in order to aggregate a composite of a series of such events in order to become “better” at it.  For FERS and CSRS employees, whether a Federal employee or a U.S. Postal worker, the experience of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, is normally just a singular lifetime event.

The experience itself may well be a difficult one; and while no prior experience is required in order to prepare, formulate and file for Federal Disability Retirement benefits, it is often a good idea to obtain the counsel and advice of someone with experience, in order to make the process a less-than-devastating experience.

Experience matters; experiencing an administrative process without the guidance of experience makes that experience all the more a difficult experience. It is in these conundrums of life that we find the true puzzlement of the tumultuous linear-ness of experiential phenomena, and for Federal and Postal employees filing for the difficult benefit of an OPM Medical retirement, such mysteries are made all the greater when one is left in the dark about the secret matters which boil in the cauldron of a witch’s brew.

Sincerely,

Robert R. McGill, Esquire