Medical Retirement Benefits for US Government Employees: Frameworks

To be successful in any endeavor, one must identify the relevant issues, sift through and discard the peripheral contents, and maintain a thematic thread throughout in order to keep the focus upon the essence of the project. Anyone who has attended a meeting which lacks a subject-matter focus, and where a free-for-all is allowed, without a circumscribed set of agendas, can attest to the importance of setting priorities and understanding the difference between points of significance and irrelevant detractions.

Frames are important, and sometimes as much as the painting itself.  For, art is merely a slice of the greater exposure to life, and it is the frame which distinguishes that parcel of perspective and allows the viewer to participate in a moment of time and a pause for reflection.  For the Federal or Postal Worker who is contemplating filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to provide a “roadmap” to OPM, and thus circumscribe the framework of the relevant attachments, medical and legal issues to be evaluated, and the pathway to resolutions preemptively proposed.

Thus, the three tiers of an effective framework should include: (1) A clear and concise Statement of Disability (here, one must be careful because of the legal consequences of failing to include and fully describe the medical conditions), (2) A reference to the relevancy of the attached documents which support the statement, and (3) the pertinent legal foundations which are satisfied by the first two tiers.

He who frames the picture has the power to direct the viewer’s perspective; for, it is the frame which enhances the content of the artistry, and directs the appreciation to an irrelevant empty sky in a schematically unimportant corner of the painting, or to the central theme where the brilliance of bursting colors explode forth in magnificent reflections of a masterpiece’s slice of life.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: ICM versus ICBM

During the Cold War era, the latter acronym was familiar to most, as fears were magnified as to the intercontinental capacity of the U.S.S.R. (those who can still decipher this immediately reveals one’s age).  In those days, one did not need to know the Eastern European countries by name; they all fell under the satellite rubric of the “union” of those with “the Bear”.  ICBMs were counted and their capacity and efficacy were determined by the exponential powers of the number of “warheads” attached.

ICMs, on the other hand, are a fairly recent phenomenon. They show the extent, or the lack thereof, in what agencies and individuals with minor fiefdoms will perpetuate.  They can also be metaphorical antonyms of ICBMs, in that when one possesses an ICM, it can result in the prevention of an ICBM being launched across the barricades of time.

For Federal and Postal employees who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS or CSRS, because of a medical condition which is impacting one’s ability to perform all of the essential elements of one’s job, it is important to utilize one’s hoard of ICMs.

Agencies often have no need or, rather, they will often disregard the need, to engage in utilizing impulsivity control mechanisms, because they have the power to hire, fire, reprimand, reassign or otherwise penalize the serfs of this world. But for the Federal or Postal employee who is contemplating filing for Federal Disability Retirement benefits, it is important to apply the various impulsivity control mechanisms available, including resisting the urge to inform a supervisor until the proper time; the inclination to make derogatory references about the workplace in one’s Statement of Disability; and other impulses which may ultimately harm the goal of attainment sought: of a Federal Disability Retirement annuity, granted through an approval from the U.S. Office of Personnel Management.

For, in the end, the ICBMs remained in cold storage [sic], precisely because the greater instinct for humanity’s survival depended upon the evolutionary relevance of ICMs.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Once upon a Time

Once upon a time, there were great “causes” for which people fought to live for; evil empires which desired domination and for which the world went to war; liberties denied and suppressed, resulting in meaningful mass protests; and in the microcosm of individual lives, hope for a future and a better tomorrow, for which people married, had families, and strove for stability.

In today’s world, the opposite seems to prevail; the news is replete with trivial reasons to exit life; if one is turned down when a prom invitation is issued, it is a basis for an outrageous reaction; assertions of hurt feelings can be the foundation for court filings declaring a violation of rights; and when a society mandates the importance of rights over courteous behavior, the crumbling of foundational structures is not too far from a once-distant and dark future.

The famous and classic book by Harper Lee encapsulates the contrast of great and small troubles; of a microcosm reflecting larger issues worthy of consideration; but always, there was a sense that tomorrow would bring about a brighter future.  In it, Atticus speaks of the idea that one can never quite understand another unless one walks in his shoes, and looks at things from the other’s perspective.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition impacts one’s ability to perform the essential elements of one’s job, such a sense of the world is a well-known commodity.  All of a sudden, one becomes a pariah, when one may have been that shining star just a month before.

Federal Disability Retirement benefits are available for Federal and Postal Workers who seek a brighter tomorrow, and for whom greater causes still exist. That is why the benefit allows for the potential and possibility of the Federal Worker to seek other employment and a second vocation; for, Federal Disability Retirement benefits recognize the worth of the individual, and the fact that there is life after the devastating effects of a medical condition which may end one’s Federal or Postal career.

One may laugh at such notions, or have the cynical view that Federal Disability Retirement is merely one of those benefits for which the Federal government is giving another proverbial “handout”; but the fact is, like Atticus Finch in the classic novel, To Kill a Mockingbird, there is always a brighter future for every generation, no matter the despair one may feel at any given moment in history.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: The Pruning Mechanism

It is one of life’s anomalies that plants flourish and thrive with targeted pruning; too much dismembering, and the sap of life can wither; too little, and the nutrients required for new growth will be diverted to wasted areas of decay, thereby allowing for greater susceptibility to disease. As animals cannot regenerate new appendages (with some variable exceptions), so pruning of limbs is not recommended. But the term itself can imply metaphorical contents — of leaving behind and cutting off ties which harm; of terminating associations which contribute to the decline of one’s health.

The complexity of medical conditions will often bring to the fore questions of causation and exacerbations; and while stress is an inherent factor in almost every employment arena, and further, is not normally recommended in a Federal Disability Retirement application to be focused upon (see previous articles on work-place stress resulting in “situational disabilities“, which can defeat a Federal Disability Retirement application), nevertheless, it is an issue which any Federal or Postal employee contemplating preparing, formulating and filing for OPM Disability Retirement benefits, should consider carefully, seriously, and with deliberate intent.

It is ultimately the U.S. Office of Personnel Management which reviews, approves or denies all Federal Disability Retirement applications for Federal and Postal employees under FERS or CSRS; thus, unless one works for OPM, it is an agency separate from one’s own employing agency.

It is that agency — one’s own — which always must be considered for “pruning”. For, while the central issue in all Federal Disability Retirement applications is the nexus, or “bridge”, between one’s medical condition and the essential elements of one’s job; still, it is often a prudent thought to consider that “burning” one’s bridge is the penultimate act leading to a fruitful “pruning” — a mechanism sought in a metaphorical manner, to redirect life’s nutrients into more productive tissues for the future.

Sincerely,

Robert R. McGill, Esquire

 

Federal Worker Disability Retirement: Worth and the Sanctified Process

To hold sacred and to consecrate; it is a recognition that a period, an event, an article or symbol is worthy of being set aside for reverential sequestration.  When one once recognizes that the body which one occupies, is being attacked by a medical condition, it is time to care for it.

Life cannot go on as days of yore; as guilt precedes sentencing, so the manner in which we act will determine the length of days for which we must account.  And so the cycle of humanity wrapped in empathy, of souls anguishing over spent days of youth, and whether we wasted our finite activities of superficial social interactions; as we tended to our dying parents, or merely showed concern for a sick relative, the age old question sometimes haunts us:  Are we our brother’s keeper, and to what extent do we owe an obligation?  But it is different with one’s own health; its ownership and obligation cannot be avoided; as health deteriorates, so the days grow longer and require greater exertion and arduous efforts. In the end, how we treat our own bodies reflects the depth and extent of who we are.

For Federal and Postal employees 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 job, the avoidance of the issue and the struggle to simply “hold on” to that which is familiar, is a way to delay the penultimate realization that there are priorities in life, and the worth of a life is intricately entangled in the choices we make, and how we treat the process, whether with sanctified reverence, or of a lasting imprint of stigmata.

Federal Disability Retirement is a benefit accorded to all Federal and Postal employees, whether the Federal or Postal employee is under FERS or CSRS.   It is ultimately a process which ends up at the U.S. Office of Personnel Management; and while it is merely a mundane administrative process, it is the accessibility of time, reflection and future alternatives which, if approved, allows for the Federal and Postal employee to tap into, where the worth of tomorrow, and the sanctification of memories once held but lost in the turmoil of daily living, can again be attained through the restorative reflection of time and quietude of life.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Striving for an Unobtrusive Life of Quietude

When first entering the adversarial universe of trial lawyers, a kindly but seasoned opposition who easily made foolish mincemeat out of the flustered composite of inexperience and youthful exuberance, but later approached to compliment the young whippersnapper to give some sagely advice: “You have a yellow pad. That is good. You kept looking down at it as if it was a security blanket. That is revealing”.

Whenever I see a man with a roadmap, and it is my job to disrupt the travel route from Point A to Point Z, it makes my job easier to make the opposition take some circuitous routes to force the journeying adversary onto more interesting pathways, to make him take in the sights and travel in a zig-zag manner, rather than in the straight line he desires to take. Point taken.

Revealing too much can have the negative effect of allowing the opposition to know one’s travel route; and if the purpose of one’s mission is to make miserable any goal-tending individual and preventing him or her from attaining a life of unobtrusive quietude (as is often the superficial purpose in life of Supervisors, Managers and other minor dictators who control multiple miniature fiefdoms throughout the Federal and Postal Sectors of employment), then providing an insight into one’s itinerary is like posting a copy of the newly discovered treasure map on Facebook and expecting secrecy because you clicked on a few privacy settings.

It is, indeed, a sad world in which we live; for, if the goal of most is merely to attain an unobtrusive life of quietude, the minimalism of expectation is for each to respect the privacy-space of one another. But perhaps that is asking too much of humanity.

For Federal and Postal employees, whether under FERS or CSRS, who suffer from a medical condition such that the medical condition has interrupted the unobtrusive life of quietude, filing for FERS Disability Retirement benefits through one’s agency (if one is not yet separated from Federal Service, or has been but still within 31 days of such separation) is the administrative requirement. If separated for more than 31 days, then the Federal Disability Retirement application needs to be filed directly with the U.S. Office of Personnel Management.

In either event, of course, all Federal Disability Retirement applications end up at OPM.  But in so doing, timing, the extent of any prefatory information to be revealed to the agency; to whom; for what purpose; and the ultimate question: When? These are all questions and concerns which must be dealt with in a sensitive, thoughtful manner, and particularized to each situation.

Mapping out a strategy on the proverbial yellow pad is an intelligent approach to take; providing a copy of what one has prepared, to whom, when, and to what extent, will determine whether one’s journey is an unobtrusive straight line from point A to point B, or a zig-zagging line of confusions beset with multiple points of disquietude.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Key Words, Conveyance of Information, and Satisfying the Legal Criteria

There is often a misunderstand about a Federal Disability Retirement application, submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS: that the magic of linguistic compliance will bring about success, as opposed to the compilation and delineation of information needed to meet the legal criteria in a case.

There are no “magic words” or “key phrases” which the Federal or Postal applicant, the treating doctor, or the lawyer representing the Federal or Postal employee, can utilize or include in any Federal Disability Retirement packet, which will ensure or otherwise exponentially increase the statistical variances of being successful in applying for Federal Disability Retirement benefits.  Rather, the “key” to a successful filing of a Federal Disability Retirement application is to compile the necessary and required documentation in order to meet the medical and legal criteria mandated by law, in becoming eligible and entitled to Federal Disability Retirement benefits.

The difference may be somewhat subtle: on the one hand is the misguided approach of thinking that Federal Disability Retirement application-X was successful because it contained certain key phrases and elements, and thus in thinking that a regurgitation and reenactment of those phrases or elements, if used in another Federal Disability Retirement application, will result in an identical outcome.

The proper approach (satisfying the converse grammatical requirement and avoiding the necessity of saying, “on the other hand”) in opposition to the “key phrase” thought, is to recognize that each Federal Disability Retirement application-Y is constituted by unique facts and medical data peculiar to the individual case, but that in the application of those facts and data, compliance with the administrative criteria is somewhat self-reflective. Similarity, however, does not imply successful extrapolation of previously-applicable content from another Federal Disability Retirement application.

That is the mistake which is often made: One success often leads to the laziness of regurgitation; to put it crudely, one can starve by feeding upon the same food within a confined organic digestive system. In the end, a successful Federal Disability Retirement application must not rely upon prior successes, but rather, recognize the uniqueness of each set of circumstances, apply the relevant law to such peculiarities, and argue the evidence in the context of the conveyance of information meeting the statutory criteria espoused by the U.S. Office of Personnel Management in a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Employee Medical Retirement: The Intersection of Interests

Throughout one’s life, most Americans have minimal contact with governmental bureaucracies and agencies, except to comply with Selective Service requirements, join the military, file tax returns, claim Social Security benefits in older age, etc. Such encounters are often considered bothersome, and many grumble and complain about the intrusive nature of such dealings. What is often not perceived, of course, is the vast amount of indirect statutory and administrative requirements placed upon private entities, which then shift burdens upon the private citizen, unbeknownst to the person entering the store, bank, etc.

For the Federal and Postal Worker, however, the daily bureaucratic encounters are part of one’s life. The Federal and Postal employee is part of that administrative process which impacts the private sector of the economy; they are, in essence, the “insiders” who make the mechanisms of government tick. As such, the Federal and Postal Worker often has little idea how the “private” individual views such inner workings, until he or she becomes just like the “outsider” and encounters a Federal bureaucracy in the same shoes as the private individual.

When the Federal or Postal employee finds it necessary to prepare, formulate and file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, such a clash and intersection of interests suddenly takes on a new perspective. In one fell swoop, the Federal and Postal employee filing for Federal Disability Retirement benefits becomes both an “insider” as well as an “outsider” — the former, because he or she is still part of the Federal agency or Postal Service; the latter, because such dealings must ultimately be with an independent agency identified as the U.S. Office of Personnel Management.

Such intersection of interests often becomes befuddling; for, no longer is the encounter embracing the administrative and bureaucratic work to which one is accustomed; rather, it is to stand in line like other private citizens to file a claim for benefits.

Such a state of being, for the Federal and Postal Worker, can be likened to the deceased individual caught in Purgatory; and, indeed, perhaps some sins unknown and not atoned for, have been placed upon such Federal and Postal employees to have to encounter OPM in such a state. Whatever the reasons, such an encounter can be just as much of an eye-opener to the Federal and Postal employee, as a private citizen who encounters the complex bureaucracy of the Federal government for the first time in his or her life.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Macro & Microcosms

Reading the newspapers can be a tricky affair; for, while the importance of being “informed” must arguably override the need and desire to remain untroubled, one cannot but engage a short perusal before concluding that cataclysmic events daily dominate. Perhaps sensationalism and the competitive drive to sell a story requires the printing of negative news; or, maybe there is a journalistic force of integrity demanding that crimes, wars, ruination of reputation, and calamities both natural and man-made be the center of our attention.

The macrocosmic events which have little to no direct connection to our lives, are allowed in by our need to be informed; and, as gatekeepers of what enters our insular world of quietude, such disturbing allowances prevail upon us at our discretion. Medical conditions, of course, are of a different generic stripe.

Within the microcosm of our peaceful and mundane lives, the intrusion of a medical disability, whether of an acute and sudden nature, or of the more insidious, chronic and progressively debilitating nature, is akin to a stealthy burglar who invades without invitation, who creates havoc without discretion, and who leaves behind a trail of overturned chaos with little understanding or sympathy.  The microcosmic universe of one’s personal mind, body, soul and emotional balance, can turn into a turmoil of abysmal ravages no less than a war-torn nation some thousands of miles away, and having no direct connection to one’s town, neighborhood or household, but with just as devastating consequences.

For the Federal and Postal employee, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS, is merely a trifle of a step in an attempt to stabilize the chaos one experiences when the microcosmic world of one’s creation becomes likened to the macrocosmic state of disastrous events.

Federal Disability Retirement is a “positive” step within a disintegrating universe impacted on a large scale by a deteriorating medical condition which prevents the Federal or Postal employee from performing all of the essential elements of one’s job.  It is a goal sought in order to reach a state where one can attend to chasing out the proverbial burglar, or at least to straighten out the mess left behind.

In the end, try as we might, perhaps we can never truly escape the deep abyss of the human condition; and ultimately, perhaps it is best to cancel one’s subscription, and instead become lost in a novel about elves and hobbits. Ah, but we forget…there are those unseemly orcs, too.

Sincerely,

Robert R. McGill, Esquire