Federal & Postal Disability Retirement: Standard of incompatibility

How does one “prove” a standard of “incompatibility”?

Physical injuries often allow for a medical opinion to impose certain restrictions:  No lifting more than X-pounds; no standing more than 2 hours within an 8-hour period, etc.  These, then, can directly “prove” that a Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s Federal or Postal job, by comparing such restrictions as against the positional requirements of a given job, and “showing” that the standard required can no longer be met.

The “other” cousin of the standard, as reiterated by cases represented by Henderson v. OPM and related precedents, allow for a “different” type of proof, where one may show that there is a general incompatibility between the entirety of one’s position and the medical conditions one suffers from.

It might be argued that such a standard is more “nebulous” and “harder to prove”, but in fact, the opposite is often true: specificity on a 1-to-1 ratio between a given medical condition or symptom and an element of one’s positional duties no longer becomes necessary.  Rather, a general showing of incompatibility between the “type” of job and the “nature” of a medical condition is enough to qualify for Federal Disability Retirement.

The trick, of course, lies in the manner of “proving” it, but it should be of some comfort to Federal and Postal employees that there is another type of standard beyond the 1-to-1 ratio standard that applies generally for “physical” duties; for, in the end, many psychiatric conditions can only meet the “incompatibility” standard, although some specificity of inability to perform a particular function of the job may be present as well.

To meet either standard is a burden of proof that must be shown by the appellant in all OPM Disability Retirement cases; to understand, apply and satisfy such standards, it is best to consult with an attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement: Absurdity with an explanation

According to Quine, the great mathematician and logician, that is the definition of a paradox.  It is an event or a concept that seems at first glance to be an impossibility, or a conundrum of some complexity, but can be explained to unfold the absurdity first displayed.  Thus — of the man who has walked the earth for decades but is technically only 9 years old, until one realizes that his birthday falls on the 29th of February, a date that appears only once every 4 years; this is a paradox, until the absurdity is explained and it suddenly makes sense.

Similarly, a medical condition is a paradox: It is an absurdity of sorts, especially when it hits a person in the prime of his or her life.  What possible explanation can be had?  Where is the “fairness” in it, and why do some people who eat all sorts of junk food for years on end never experience the calamity of a chronic and progressively deteriorating medical condition?  Where is the “equal employment opportunity” of a devastating medical condition?

Where is the sense of “fair play” displayed when a medical condition pounces upon a Federal or Postal employee and suddenly no amount of past accomplishments make up for the sudden loss of productivity and need to use the accumulated sick leave, and even invoke FMLA rights in order to attend to one’s health?

For Federal and Postal employees 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 position, the paradox comes in the form of when to consider filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  For, filing a Federal Disability Retirement application through the U.S. Office of Personnel Management is indeed an admission of a need for change; yet, paradoxically, change is precisely what your Federal Agency or the Postal Service does NOT want — they want you to continue as before the onset of your medical condition.

The absurdity resides in the lost sense of priorities: work, as opposed to one’s health; stresses that exacerbate, as opposed to relieving those elements that contribute to one’s deteriorating conditions.  The only explanation that makes sense is to prepare, formulate and file a Federal Disability Retirement application, to be submitted to OPM in order to be able to focus upon one’s health.

That is the paradox, and the absurdity with an explanation for a Federal or Postal employee who needs to file for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: Amoebic Devolutions

What if the telltale signs are there, but we cannot, or are unwilling to, recognize them?  Perhaps the forward progress has already stopped, and we are in the throes of having reversed course without knowing, and that the innate genetic material by which Darwinian advancement promised a glowing epicenter of continual advancement, has in fact turned around, and we are witnessing the march towards a regressive, amoebic devolution?

Maybe we have already reached that penultimate pinnacle of a paradigmatic precipice, and the discovery of our technological prowess has already peaked, to where humanity’s U-turn is characterized by the behaviors we exhibit towards each other, to institutions we once beheld, and of reflections in misty ponds where our own images can no longer be discerned with clarity of teleological purpose, but where childhood dreams were once of fluttering butterflies, colorful not just in flights of fancy but in the twilight moon of castaway days, when goblins, elvin creatures and hobbits of yore delighted the human soul with imaginations beyond mere cravings of fantasies, but of that time when the breath of peaceful solitude cast shadows beyond the cavernous dangers where ogres lie?

Certainly, one can make a forceful argument that, If X constitutes the highest achievement of Man, then Y must be an indicator that the deconstructionism of civilization has already begun the process of devolving further into the abyss of decadence of soul.  Is this all there is in life?

Once, in days of Roman legions and civilizations expanding with the quickened pace of cultural upheavals, the dawn of man’s hope and the pinnacle of invention, the arts and the Renaissance of Timeless beauty brushed across the canvas of humankind, and revealed the inner sanctity of an empty religiosity.  There are no more principles worth dying for; and that is precisely why people blow themselves up.  There are no causes valued; and that is why despair pervades throughout.  Are those two candidates the best we can offer?

Do we treat our spouses as we would our best friend, before we discard the years of shared belongings like so many dishrags we fling down the garbage chute?

For Federal employees and U.S. Postal workers who suffer from a medical condition, in addition to the harassment, difficulties and intimidations felt at work, it is often an agonizing decision to make — to take that initial step in order to begin the 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.

For, the tripartite compartmentalization of one’s life must coalesce in order to advance:  Recognition that the “status quo” cannot continue; a medical condition which prevents the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal positional duties; the ability and capacity to amass and prove, by a preponderance of the evidence, that all of the eligibility criteria for OPM Disability Retirement benefits are met.

And of the amoebic devolution?

That march in the midst of time cannot be stopped, any more than the harassment, intimidation and workplace hostility can be set aside; and as the latter is probably an indication of the former, it is best to accept the reverberating laughter of the gods who look coyishly down upon the caverns of that hell we create, and wink at them from afar with the knowledge that we may well join them in the greatest farce we have staged — that of Man’s capacity to live in his own excrement while delusionally opining on how cultivated he believes himself to be.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Life’s Alliteration

The repetitive recurrence of mirroring sounds or letters at the beginning of adjacent words is merely a reflection of how we live our lives.  What is inherent in human beings that we would discover, create or otherwise compile an aggregation of such a linguistic phenomena?

The universe could have continued happily on its mindless course of fated determinism without people engaging in such nonsensical rhythms of prose and poetry; but as each act of indeterminate vacuity has an underlying psychological explanation, so all such engagements of sociological developments must by necessity possess a paradigm of purpose.

Is it because we find solace in the quietude of repose when patterns of universal expectations can be discovered?  Why do we eternally seek the “laws of nature”, or insist against Hume’s diatribe of causal effects that the billiard balls will act in certain ways upon impact despite the lack of a “necessary connection”?  Is it in the comfort of habitual living, of familiar environments and known paradigms into which we seek refuge?

We take delight in the designs which quiet our souls; of lack of turbulence, despite our own havoc which we inject all around.  Small towns; lost civilizations; tribal communities in the forgotten corners of the world; perhaps they still exist without the turmoil pervasive throughout the life the rest of us are familiar with; but if they do, they will soon be stamped out.  For, in the end, distinctive differences are characteristics which we fear most.

We claim that we celebrate diversity; yet, look at how everyone melds into each other and uniqueness is slowing disappearing.  We declare that divergence of ideas and opinions are contributory to a community; but we end up all watching the same shows, hearing the identical voices, and where even political parties are essentially the same but for shifting bribes to garner votes.

That is why the linguistic mechanism of alliteration is but a reflection of life itself; it is no accident that the repetition of consonants, vowels or sounds was playfully discovered; it is, instead, the comfort zone of which we seek, in order to reassure ourselves that the chaotic world we continue to fathom will at least appear in a semblance of repetititve constancy in the words we utter.

Order and stability are necessary traits in every life; that is why, for the Federal employee or U.S. Postal worker whose life has been turned upside down with the turmoil of a medical condition, it is important to begin contemplating the long and arduous path towards attaining a Federal Disability Retirement annuity.

For the Federal employee or U.S. Postal worker who can no longer perform one or more of the essential elements of the Federal or Postal job, the turmoil of the medical condition, the sudden and proverbial “cold shoulder” shown by the agency because the Federal or Postal employee is no longer fully “productive” or able to advance the “mission of the Agency”, it is important to secure a semblance of stability for one’s future.  Whether under FERS, CSRS or CSRS Offset, the Federal or Postal employee who must prepare, formulate and file for Federal Disability Retirement benefits will have to maneuver through a complex maze of alliterative conundrums.

And what of life’s alliteration?  You will note that this blog never engaged in such nonsense throughout.  Of course, that could change exponentially, excepting exceeding expectations exchanging entities encompassing elements eerily entraping epilogues entirely endlessly.  Or so it goes.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS or CSRS: The carefully crafted life

But that we could just write the narrative of our life, reflecting briefly upon our past, describing the present condition of being, but most importantly, to carefully craft the anticipated future of our lives in process.  What is revealed from one’s past is telling of a person’s character; of the present, a manifestation of the compass of one’s heart; and to the narrative of one’s future?  If the cultivation of one’s soul is the essence of the teleological process of life, the content of what we insert into the delineated poetry of future actions will uncover the truth in being of our damaged and tortured souls.

Would the script include fame and fortune?  Encounters with the common and ordinary, or of the arrogant dismissal of all but the beautiful and fortunate?  Would money always be written into the narrative of a future life, or ignored and instead replaced by peculiarities of fantasies, such as time travel, the ability to fly, or defiance of mortality and vanquishing of fear?

What one wishes for, like the genie who grants the dreams of youth, casts aside the veil we walk about with, and reveals all.  But the operative concept often overlooked is not about a crafted life; rather, that “extra” descriptive adverb which denotes painstaking caution and conscientious execution:  How does one “carefully” craft a life?  For, when wishes are offered and granted without constraint, the crafting itself becomes cast away as a mere byproduct and of irrelevant concern, like the human detritus flung out from a window of a speeding car down the highway of reckless disregard.

The care that one takes in crafting a life — now, that is an undertaking few of us attend to, despite every opportunity at every turn in the linear sequence of even the ordinary life of an individual.

For Federal employees and U.S. Postal workers, of course, 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 the Federal or Postal employee’s positional duties, that opportunity is offered in a limited and defined manner — in the form of 2 pathways.

First, by being required to write one’s narrative on SF 3112A, Applicant’s Statement of Disability (where the Federal or Postal employee must describe, delineate and prove a sliced portion of one’s life concerning the medical condition and its impact upon one’s capacity and ability to perform one or more of the essential elements of one’s Federal or Postal job); and Second, by preparing an effective Federal Disability Retirement application and submitting it through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset — thereby formulating the narrative which will determine the future course of one’s life and livelihood.

No, in either case, the Federal or Postal employee will not be able to receive a genie’s grant of unfettered wishes and requests; but that was always the thoughtless residue of a childhood fantasy, anyway.

For, in the end, the carefully crafted life is not one which has any room for the misspent daydreams of a forlorn childhood; rather, the truly substantive content of a carefully crafted life necessarily involves the Triumvirate of the T:  Trials, Triumphs, and some sprinkling of Tragedies; just refer back to Shakespeare, or of Milton and Melville; anything else was merely the storybook fairytales of a bygone memory left behind in the dustbin of a forgotten era.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement from Federal Government Employment: Right Thinking

Thoughts are essentially neutral, until they interact with the greater community of ideas.  Once introduced before the judgment of others, the validity, rightness or fallacy of the substantive content can be challenged, and ultimately tested in the arena of reality.  Life can often present a harshness of consequences; ideas left in the insular universe of solitary contingencies, confined as unchallenged and ultimately deprived of consideration, are mere artifices of impotence otherwise lost in the vacuity of meaningless tropes.  “Right” thinking becomes so when thrown into the arena of a community.

The rightness itself is already presumed by the very introduction into the Wittgensteinian language game of challenging and challenged constructs; and the paradigms left in dusty drawers and closets never opened, remain as dungeons of worthless residues too timid to touch, too hesitant to open, and too afraid to reveal.  Wrong thinking, thought deprived of the fanfare of acceptance, may yet come back another day, and replace the outdated paradigms once considered paramount and of penultimate designation.

Federal employees and U.S. Postal workers who need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS, CSRS or CSRS Offset, often engage in the “wrong” thinking process precisely because of the inherent hesitation in changing course.  It is, indeed, a wonder and a befuddlement that the Species of Man has propagated so successfully, despite the wrongheadedness of the genetic latency as reflected by foolhardy artifices of thoughtless vacuity.

Some instances of “wrong” thinking by Federal and Postal employees:  “The medical condition will go away”; “My agency will work with me in accommodating my medical conditions”; “Tomorrow, or next week, or perhaps next month, my Agency or the Postal Service will do the right thing.”

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is essentially a “neutral” matter, until the pragmatic steps of preparing, formulating and filing for the process of OPM Disability Retirement is actually engaged.  “Right” thinking is not a matter of political leanings, but of practical steps taken to secure the future of a Federal or Postal employee.  “Wrong” thinking is to think that actions necessarily follow by mere engagement of a conceptual construct.  For, remember that old adage of the philosopher who was so lost in “deep” thoughts upon the heavens above, that he fell into a cavernous ditch and died there starving under those very stars he maintained his gaze upon.

Sincerely,

Robert R. McGill, Esquire