Federal Disability Retirement: Inconsistencies

Selective extrapolation is the preferred method by which they justify a denial; a notation taken out of context from this particular day, or an offhand comment in response to a nurse’s question on a differentiated day where you may be feeling slightly better, etc.

Inconsistencies remain the harbinger of a denial of a FERS Medical Retirement application from the U.S. Office of Personnel Management.  Yet, life is full of inconsistencies, and one can even argue that inconsistencies are the stamp of reality — that sincerity of life’s events are replete with contradictions and spectrums of bumps; that perfection is often a greater indication of artifice, instead of life’s reality that is actually lived.

That is the anomaly and the inconsistency itself: Perfection of circumstances is the real artifice; lack of perfection, the reality of living life.  Yet, the U.S. Office of Personnel Management reviews a Federal Disability Retirement application in the very opposite way; they search out the inconsistencies, then allege that those inconsistencies somehow rise to the level of artifice, when all along they merely reflect the reality of life itself, replete with inconsistencies that betray the lack of perfection which truth itself brings.

Thus, beware when the doctor or nurse writes in a note, “Feeling much better today” — for, although you still hobble about because of a broken body or are unable to focus or concentrate because of a psychiatric condition, the inconsistency between a singular notation and the reality reflected in one’s medical condition is the weaponized methodology of a Federal Agency which seeks out such inconsistencies as a basis for a denial.

As such, a Federal employee or U.S. Postal Service worker who seeks to file for Federal Disability Retirement benefits should turn for advice and counsel to an experienced Attorney who specializes in FERS Disability Retirement Law to make sure that the inconsistencies may be minimized in the impact upon a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The inconspicuous individual

Some cannot fathom that role; anonymity in modernity is replaced with the trolling Internet personality; for, there, where one can allow for multiple personalities, schizophrenia and megalomania to rule and manifest, the instinct of the aggressive dominates.  What is it about Facebook, Forums and Fortuitous Forays into Freedom’s Foundation that vanquishes modesty in the face of hiding behind the curtain of anonymity?

There is a conceptual distinction to be made between the inconspicuous individual who desires to remain in the background and enjoy the role of observant but inactive participant, and those who act with modesty and decorum by all appearances, but beneath seethe with the acrimony of jealousy, envy and inadequacy who then utilizes the power of impersonation and trolls the Internet to ridicule, criticize, harass and intimidate.

Traditional discussion and debate required four components:  (1) An unspoken concurrence to engage in the exchange of ideas within a context of gentlemanly decorum and behavior of self-restraint (i.e., in more modern parlance, to not take things personally); (2) To listen without interruption when another is speaking; (3) To understand and apply the rules of logic when positing an idea or introducing a conceptual paradigm; and (4) To recognize a superior argument to one’s own, and submit/admit to it gracefully.

There is, moreover, a fifth element that is never addressed, because it is one that used to be accepted by everyone:  Don’t raise your voice, as it is the quality of the idea pursued and not the excessive volume of debate that matters, and recognize that not everyone is of equal intellectual capacity, such that silence is sometime preferable to a mouth opened merely to make sounds.

Do any of those traditional “rules” apply today?  Are there, in modernity, those who win medals for bravery, or championships in the sports arena, without a subsequent ride upon the lecture circuit, the television appearance and the book-deal that demands an advance of remuneration?  Is there, in short, the existence of the inconspicuous individual in this day and age?

Perhaps modesty is an outmoded concept; humility, a dead characteristic of arcane quality destroyed with the diminishing influence of religiosity; and as empowerment has been replaced by the tortured utterances of the shouting voices on the Internet, so the extinction of the inconspicuous individual is a reality in today’s cackle of overriding voices.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition impacts, prevents and interrupts the ability and capacity of the Federal or Postal employee to perform the essential elements of one’s Federal or Postal job, the ability to remain inconspicuous is something that is sought after, but unfortunately, unable to be maintained.  In the context of suffering from a medical condition, the desire to remain inconspicuous (i.e., staying “under the radar”, so to speak proverbially) is that rarity of modernity, but a necessity by compulsion; for, the alternative is to become a target of the Federal agency or the U.S. Postal Service.

Thus, the word of advice from this lawyer is that, in the process of preparing, formulating and filing a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the better time to inform one’s Supervisor, Manager or the Agency in general, is “later” rather than sooner, unless there is a compelling reason to do otherwise; lest, of course, you desire the accelerated extinction to occur for that dying breed identified as the inconspicuous individual.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney: Uncharacteristic Behavior

It is the clash between an expectation and the actualization of an encounter, which determines one’s perspective of self-fulfillment of a belief, or a resulting dismay from failure of verifying the basis of a paradigm.  Characteristic behavior is thus that type of human encounter which meets with, or exceeds, one’s predetermined paradigm of what one has already believed to be so; to act out of that previously considered belief system, by definition makes it fall outside of the realm of such expectation.

For the Federal employee and the U.S. Postal worker, the bureaucratic complexity of the entire administrative process of preparing, formulating 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, is normally not a surprise, and meets with or even exceeds, the expectation of an already-formed paradigm of what constitutes the “characteristic behavior” of the system as a whole.

It is the anomaly of the century when efficiency, helpfulness and pleasantries prevail throughout the process of filing for Federal Disability Retirement benefits, where one hears with surprise and shock that it was “uncharacteristic”.  Sadly, that tells us something.  While somewhat unfortunate, we must always remember that the road of every bureaucratic process is paved with personalities of every type.  We tend to lump the entirety of an administrative process into a single cup and cauldron of judgment, but the reality is that there are multiple categories, just as there are different types of people throughout the universe, distinctly compartmentalized into:  helpful; friendly; efficient; nasty; backstabber; fair; unfair; loyal; unpredictable; just to name a few.

The process of filing a Federal Disability Retirement application through OPM can be a stressful one, if only because it is based upon an obvious stressor to begin with:  a medical condition which impacts one’s ability to perform one’s Federal or Postal job.  But it is not the bureaucratic process itself which adds or detracts from the inherent complexities of the process, but the behavior — characteristic or not — of those who must help along the way or hinder the necessary transition of the Federal or Postal employee, from one of active Federal or Postal employee to that of disability annuitant.

Sincerely,

Robert R. McGill, Esquire

 

Filing for OPM Disability Retirement: The Novel Approach

The genre represents the highest form of literature.  Poetry possesses its eccentric beauty; the short story its ease of brevity for the reader to pick up and finish in convenience of time, and thus its popularity; the biography and the epistemologically privileged cousin, the autobiography, its authentic historicity; and others by design of self-promotion, as Truman Capote’s “non-fiction novel” (an oxymoron?).

But the novel is the king of prose; of a narrative form which allows for many rooms in an endless castle of hidden trap doors and secret galleys full of antiquities and doorways yet to be revealed.  Perhaps that is why, used as an adjective, it defines a uniqueness of approach, akin to the traditional use of the word as a noun representing the highest form of art.

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 with the Federal government or the U.S. Postal Service, engaging in a “novel” idea may be the best and only option left.

Where the medical condition no longer allows for the continuation of one’s career, and yet the Federal or Postal employee believes that he or she can still remain productive in the employment arena, it is indeed a novel approach for a benefit to pay for one’s inability to perform one or more of the essential elements of one’s job, and yet allow concurrently for the Federal or Postal employee to enter into the private sector, obtain a second vocation, and make up to 80% of what one’s former position currently pays.

For the Federal or Postal employee who is 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, it is precisely that allowance of continuation of productivity which fairly recognizes that there is not necessary incompatibility between a medical condition and contribution of talents.

Like the novel genre and the novel idea, they both acknowledge the penultimate value of human creativity, and allow for the characters to develop in the unfolding saga of a story yet untold.

Sincerely,

Robert R. McGill, Esquire

OPM Medical Retirement Lawyer: Drawers and Other Hideaways

Whether cabinets and chests were created for neatness of housekeeping, or to bifurcate the clutter of consciousness, should be left up to anthropologists and social commentators.  Facebook, too, and Social Media, the inability to resist adding to the clatter and superficiality of what we say, what we collect, and how we amass, both information and items we choose to gather; does it all reveal the historical backdrop of the Mesozoic era, from whence we all originate?

We are all, ultimately, left to the devices of our own unmaking and insufficiencies; and that which we neatly hide in drawers of convenience, and close, become tantamount to sealing our fate when once we conceal that which needs to be maintained.

Federal Disability Retirement is a benefit which Federal and Postal workers seek to obtain, when a medical need arises and the medical condition, injury or trauma begins to impact one’s ability and capacity to perform all of the essential elements of one’s positional duties with a Federal Agency or the U.S. Postal Service.  Once obtained, the Letter of Approval received from the U.S. Office of Personnel Management, often declares to the (now former) Federal or Postal employee, that a linear process from start to finish has now been concluded.  Nothing could be further from the truth.

Like cars and children, maintaining the sufficiency and viability of an ongoing Federal Disability Retirement benefit is as important as the effort expended to win an approval.  And, like the car which needs a periodic oil change in order to extend the life of the internal mechanical apparatus by an exponential multiple, so the quality of effort needed to retain and maintain a Federal Disability Retirement benefit is minimal and uncomplicated; but necessary.

For Federal employees and Postal workers, whether under FERS, CSRS or CSRS Offset, the cost of continuing care of one’s Federal Disability Retirement benefit, once achieved, should never be cast out of mind and consciousness; and rather than neatly setting it aside in some drawer or other hideaway, it should remain on full display in the centrality of one’s livelihood, lest the mice, goblins and other unwelcome creatures begin to gnaw at the ripeness of one’s Federal Disability Retirement benefit.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Be Wary of the Non-Substantive

The evolution of words, their meanings, the subtle connotations and implications gained or lost over time — these are all of interest, if only because they reflect changes to society, often in tumultuous ways, as earthquakes which shatter and create fissures within human normative designs, and in the midst of the rubble, a sense of loss and shattering beyond the mere tragedy of linguistic ruins.

In Aristotle’s time, the term “substance” had a specific meaning; and any superficial reading of Plato and his concerns involving appearance versus reality, the mysterious substratum which follows upon the continuity of what we see, what we suspect to remain unrevealed beneath the surface of visual phenomena; and, indeed, the history of philosophy is a dialogue of content verses context, from Descartes’ search for certitude rendering the entirety of Philosophy impotent by turning inward towards the self; of Kant’s consolation of such self-immolation by bifurcating the universe into a known and unknowable void; and into the modern realm of Deconstructionism, post modernity, Derrida’s meanderings, and the modern hermeneutics of non-religious definition of truth, reality and the condition of man.

Within that greater context, we are left with the devastation of a simple truth:  The essence of man rarely changes; we merely make way for new window dressings.  But through it all, we must always be wary of the non-substantive, and harken back to Aristotle’s concerns; that which we create and leave behind, we want to ensure that it survives with some rock-gut matter that makes a difference and actually matters.

For Federal employees and U.S. Postal workers who are suffering from a condition, such that the medical condition impacts the capacity of the Federal or Postal worker to perform one or more of the essential elements of one’s positional duties in the Federal or Postal job, it is often that sense of loss, the discontinuity of what they were accomplishing, and the “leaving behind” of unfinished business, which pulls them from filing for what needs to be filed.

We like to finish what we began.  We want to leave a legacy, a memory of who we are, what we were, where we ended and how we got there.  The unfinished fabric of unwoven material leaves a fluff of scattered cotton fibers scattered for the winds of time to disperse.

For the Federal and Postal worker who has dedicated his or her life to a career in the Federal sector or the U.S. Postal Service, leaving is a trauma upon a trauma of medical conditions.  But the Federal and Postal worker must always remember, that the substantive course of life must always begin with the impetus of self-motivation, and within the shark-infested waters of the undersea in lands and foreign worlds where human calamity coalesce, the self-preservation of one’s health must begin first, and only then can one step forward into the universe of the next career, the next life, the follow-up inning of future legacies.

Taking care of one’s self by preparing, formulating and filing for Federal Disability Retirement benefits, whether one is under FERS, CSRS or CSRS Offset, through the U.S. Office of Personnel Management, is the move of wisdom if one is to secure a future of accomplishment and actualization of any remaining potentiality.  We all have reasons for not doing something.  Be wary of the non-substantive.  Focus always upon the true meaning of who we are, what we have become, and where we are going.

Sincerely,

Robert R. McGill, Esquire