FERS OPM Disability Retirement: Of Imprints in the Sand

They fade away quickly and become part of the landscape that once was; and when we try and grab a handful of sand and squeeze the collective grains within our closed fists, the finery of each pours from every crevice left open like the hourglass that counts the moments lost.  Whether by the winds that shift the dunes afar or the lapping waves which erases the imprints once boldly made, the residue of our existence by natural necessity fades and ultimately disappears.

Mortality for most is a scary thought; immortality, a dream and fantasy desired; and within the spectrum of the two extremes is the daily imprint in the sand of human existence.

During that brief moment of appearance upon the sands of our lives, we all have to make decisions both of major consequential effect and minor residual impact, on a daily basis.  Plans for the future; getting the day’s chores done; actions that may impact others; inaction that reverberates to others; and throughout each, the pause and hesitation that reflects indecision may be a further factor in the imprint upon the sand, whether of lasting impact or momentary indifference.

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 imprint in the sand that has to be considered is:  Is continuation in this job and career possible? At what point should I file for Federal Disability Retirement? How will it impact my life, my finances, my ability to get a job in the future? And of imprints in the sand — will my decision have any consequences beyond the disappearance upon the dunes, any more than being separated from Federal Service or the Postal Service?

To understand the procedure, the impact and the residual consequences, consult with a Federal Disability Attorney who specializes in FERS Law, lest the imprints in the sand of one’s life becomes a permanent and irreversible mistake that cannot be reversed like the sands that slip within the hourglass of one’s life.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Except, in real life…

Isn’t that the refrain that dampens?  Whether for a child or a young adult who still possesses and retains the enthusiasm of the possible, we pour cold water upon such unfettered energy for the future yet undeclared by saying, “Except, in real life…”.  Of course, what is inserted to replace the ellipses is the clincher that determines the mood of the response.  Is it: “Except, in real life, that never happens.” Or — “Except, in real life, you’ll be broke and devastated.”

Why is it that the unspoken elongation implied by the ellipses must by necessity include a negative ending?  When have you ever heard, instead: “Except, in real life, it’s all the better!”  Is it because our creative imagination reaches far beyond what is possible in the stark reality of “real life”?

Is the universe imagined of greater potentiality than the reality of daily existence, and is that why the virtual reality of Social Media, “the Web”, interactive video games and the like are so sultry in their seductive pose — because they invite you into a world which promises greater positives than the discouraging reality of our existence in “real” time?  Is that what is the ultimate dystopian promise — a caustic alternative to Marx’s opium for the masses: not of religion, but of an alternative good that has been set up that not only promises good beyond the real good, but provides for good without consequences?

The problem is that, whatever alternative good or virtual reality that is purportedly set up to counter the reality of real time, is itself nothing more than “real life”.  It is just in our imagination that it exists as an alternative universe.  This brings up the issue of language games as espoused by Wittgenstein, as to the “reality” of an “objective world” as opposed to the one expounded by linguistic conveyances: Take the example of the blind man who has never flown a plane.  He (or she) can answer every aeronautical questions with as much technical accuracy as an experienced pilot. Query: Between the 2, is there a difference of experiencing “reality”?

For Wittgenstein, the answer is no.  Yet, the laughing cynic will ask the ultimate question: Who would you rather have as your pilot for the next flight — the blind man who has never “really flown” a plane, or the experienced pilot?

That becomes the clincher: “Except in real life…”.

For the Federal employee or U.S. Postal worker who suffers 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 tendency and proclivity towards taking a dim perspective of life can be overwhelming, especially when one is dealing with the debilitating consequences of a medical condition.

Yet, it is important to maintain a balance between the cynic’s world view (that the cup is always half empty) and the eternal optimist’s myopic standard that the glass is always half full.  “Except in real life,” doesn’t always favor the former; for the Federal employee who must go up against the behemoth of OPM in filing a Federal Disability Retirement application, “real life” is not necessarily the exception, but can be the rule of a successful outcome if you are guided by an experienced attorney.

Sincerely,

Robert R.McGill, Esquire

 

Federal Employee Disability Retirement: The little pleasures in life

One often suspects that the concept itself was invented by the wealthy and scornful — perhaps in some back room where caviar and champagne were being served, and someone whispering, “Let the little people have some little pleasures in life…”.  It is that which we are prevailed upon to believe as the ultimate contentment of life: of the “little pleasures” that pass by as the greater significance, as opposed to owning an original Monet or a Renoir.

Is it all bosh?  Does sitting alone with a fresh cup of coffee before the din of life invades — can one glean any greater pleasure than that very moment of quietude just before?  When one stands in those rare moments of uplifting insights — as when, on a clear and darkened sky, you look up and see the trail of a shooting star — does the fact that everything else in the world seems to be falling apart make up for it because you suddenly realize the majesty of the colorful universe above?  Or of a playful lick from your pet dog, the squealing laughter from a child’s joy, and even of the simple pleasure of reading; do these bring greater pleasures than caviar and the roar of a yacht’s engine?

Perhaps there is truth in the admonition of the wealthy that little people should be allowed to enjoy the little pleasures in life; otherwise, what would we all be left with?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the little pleasures in life will often have become the greater tragedies of reminders — reminders that you cannot even do those things you once took for granted.

When that critical juncture of realization comes about, then there is often the further recognition that it is time to prepare, formulate and file for Federal Disability Retirement benefits, to be submitted through the U.S. Office of Personnel Management, in order “go back to the basics” — of prioritizing one’s health as opposed to work and career; of regaining the little pleasures of life, like having a restful sleep without the interruption from pain or anxiety.

For, in the end, whether born of wealth and privilege or of ever struggling to meet a bill, it is truly the simple pleasures of life that provide for the foundational clarity of truth in a world that promotes falsity that becomes revealed when the importance of one’s health comes to the fore.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Technically correct

What does a person mean when it is said, “Yes, that is technically correct”?  Does it matter where the inflection resides, or which part of the statement is emphasized?  If greater syllabic magnification is placed on the word itself, whilst the remainder of the sentence is left in a monotone of boredom, is something else being conveyed beyond the mere words declared?

What if the hesitation on the first word is elongated, as in, “Ye-e-e-s, you are technically correct.”?  Or, how about this one:  “Y-e-e-e-s…you ARE technically correct.”?  Further, why do we always expect a conjunction to follow, as in, “Yes, you are technically correct, but…”?  Does such a sentence imply that a person can also be un-technically correct?  If so, what would that mean and what factors would be included in coming to such a conclusion?

What practical or real-life consequences are inherent in the truth of such a statement, such that it might alter or modify our approach to a given subject?  If an engineer is building a skyscraper and turns to the architect and says,” Yes, you may be technically correct, but the entire building could nonetheless collapse” — how is it possible that the architect could be “technically correct” yet mistake the un-technical side of things such that it could result in a life-threatening disaster?

Or, in law, if a lawyer is “technically correct” but might nevertheless lose a case before a jury, does that mean that the “technical” argument in the law may not carry the day because the jury might take into consideration factors other than the law itself in rendering its collective decision?  Yet, isn’t “the law” nothing more than an aggregate of technicalities to begin with, and therefore, does it even make sense to speak of being “technically correct” within the purview of the legal arena?

For Federal employees and U.S. Postal workers who are contemplating preparing, formulating and filing an effective Federal Disability Retirement application, to be technically filed with the U.S. Office of Personnel Management, whether technically under FERS, CSRS or CSRS Offset, it may be technically correct that certain legal criteria must be technically met; however, when putting together a Federal Disability Retirement application, just remember that the technically sufficient Federal Disability Retirement application should always, technically speaking, contain an aggregation of medical documentation, legal argumentation and personal narrative combined to make an effective presentation, better guided by a legal technician otherwise known as a counselor, attorney or lawyer in this technically empowered universe — technically speaking, of course.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Medical Incapacity: The boxes in Standard Forms

For some forms, it is a convenience to have a restrictive, limited “box” in which to put the “x” into, or maybe the needed “Not Applicable”; others, however, try and contain a limited narrative and force succinctness into the standardization of answers.  That is all well and good, and perhaps from a bureaucratic standpoint and perspective, the conformity of forms and the mandatory “answers within a box” makes for streamlining of paperwork.

The reality, however, is that some questions cannot be answered — and more importantly, should not — within the proposed space allocated, and so you have two (2) choices: decrease the font size in order to fit a greater substance of the narrative within the provided box, or attach a continuation sheet despite no indication in the standard forms for allowance of such cheekiness of presumptuous creativity.

How does one identify which Standard Form should be prepared and completed within the confines of standardization, and which ones should not?   First, a conceptual identification should be applied: Which ones are merely “informational” that request only singular answers, and which forms make queries that compel for narrative answers?  Once that initial, identifying bifurcation is made, then the next step is to determine whether an adequate and sufficient response can be stated within the “box” provided within the font-size allowing for regular eyesight that does not require extraordinary magnification, or if a continuation sheet is necessary.

Thus, in a Federal Disability Retirement application, certain Standard Forms are merely informational — for example, the SF 3107 series which asks for basic, factual information.  Then, of course, there is the SF 3112 series, and especially SF 31112A, Applicant’s Statement of Disability.

For the Federal employee or the U.S. Postal worker under FERS, who is considering filing for Federal Disability Retirement benefits, the greater mistake has often been to quickly annotate within the boxes provided a swift “jotting down” of the medical conditions one “feels” — as if the body parts providing temporary sensations for a given day, or even the lack thereof, will sufficiently satisfy the eligibility requirements that must be met in order to become approved for a Federal Disability Retirement annuity.

Make no mistake about it: there can be dire legal consequences if SF 3112A is not completed properly and sufficiently.  And always remember the philosophical dictum: That which is necessary may not be necessarily sufficient, and that which is sufficient may not be sufficiently necessary.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Those intersecting connections

We hear all the time about the shrinking world, the smaller universe, the global village – all metaphors to help and understand, to comprehend and be able to withstand within the insanity of a world that continues to intrude, intersect and impose itself upon every corner and aspect of lives lived and daily interrupted.  It is a way for people to cope with the fact that we can no longer avoid the reality of those intersecting connections from worlds, cultures and universes that make up the daily reality of our walking lives.

The newspapers globalize each and every issue; the television and cable news outlets care little for local news unless it, too has some national consequences; and so we live with the anomaly that the only time you might hear about your own hometown is if some horrific event occurs that other people in other towns might care about.  And, even when a story is reported about an event that occurs just around the corner from the news station, headquarters or whatever manner of identifying the central place where all of the equipment, studios and personnel gather to emit their airwaves of newsfeeds, they act as if it is occurring in some distant county or country, with perhaps a bit of weeping as an afterthought with a statement like, “And it makes it all the worse because it happened just in our own neighborhood!”

The world is indeed one comprised of intersecting connections, and we voluntarily allow for those connections to make our own perspectives molded into “theirs” by inviting various cable channels into our living rooms.  Do we really have a choice?  Can we just remain ignorant and ignore the reality of the global economy, the extended village and the universal concerns of the day?  How do we live with the complexities of intersecting connections, when we can barely deal with the local problems that beset us within the cocoon of our own lives?

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact the daily ability and capacity to perform all of the essential elements of the Federal or Postal job, the microcosm of intersecting connections may well be magnified to a level where it competes with what is occurring on a more global scale.

Suddenly, the Federal Agency is moving to put pressure on you – like those competing foreign companies you hear about in the world economy.  Or, the Supervisor is no longer being cordial – somewhat like the world leader who doesn’t return calls to the President.  Coworkers no longer treat you as an equal – like nations that suddenly go rogue without explanation.  You have to file a complaint – like submitting to a U.N. vote for sanctions.

We have all been groomed and prepared to think in terms of intersecting connections, but for the Federal and Postal employee who suffers from a medical condition such that preparing, formulating and filing an effective Federal Disability Retirement application becomes a necessity, it all comes back to a more local and personal connection: one’s health, and the need to focus upon one’s personal life.

No matter how global the world has become, never forget that it is the personal life of close connections that really only matters in the end.

Sincerely,

Robert R. McGill, Esquire