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

Federal Government & USPS Disability Retirement: Self-Perception

The ability of Man to not only have a consciousness of the detached, objective world of phenomena, is shared with all other species; rather, it is the further capacity to have an awareness of self, and step outside of one’s self and be able to view the person who occupies the “I” as one among others, which makes for a higher level of awareness.

Whether other animals share that sense of self-identity in addition to the basic level of consciousness by which we respond and react to the stimuli around us, is always an interesting intellectual debate and discussion to engage.  The problem for the vast human population is not whether we share such second-level consciousness with other species, but rather, how accurate is our self-perception, and to what extend does it do more harm than good.

The capacity of self-awareness is likely tied to the evolutionary process for survivability; yet, such a level of consciousness must be an accurate one, lest it distort one’s reality and the ability to respond appropriately to one’s environment and surroundings.  This is the conundrum for the person who suffers from a medical condition: Are decisions able to be made objectively?  And for the compounding complexity of a psychiatric condition, can one make sound judgements concerning one’s future?

For the Federal and Postal Worker whose medical conditions are impacting one’s ability to perform all of the essential elements of one’s job, there is the telltale sign of job performance; but as the vast majority of agencies simply pass people along, such a criteria often lacks in objective measurements.

Ultimately, one “knows” whether one can continue in the same vein as before. For the Federal and Postal Worker, the option to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, is one which should always be considered.  The benefit itself is available as part of one’s employment compensation package, and in this day and age where the constant barrage of stresses in the workplace take their toll upon one’s health, it is a benefit worth considering to preserve one’s survivability in this vast chaos called civilization.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: The Balance Tipper

Life requires a series of fine tuning and adjustments; of the balance between work and leisure; when children arrive, of determining priorities, of managing time and recognizing that the things which seemed important to us previously, need to take on a lesser role; of allowing for enough flexibility in order to maintain an equilibrium within a fast-paced world.  But the substantive content which requires controlling the balance of one’s life is not always that which is asked for; it is only the choosing in order to maintain the balance, which is within one’s control.

Sometimes, such choices involve an admixture of good and bad; other times, the options may be severely limited to only negative ones.  For Federal and Postal employees who are beset with a medical condition, such that the medical condition impacts one’s ability to perform the essential elements of one’s job, there comes a critical point of making hard choices.

The balance has already been influenced negatively; the greater amount of one’s time is already being spent on managing the imposition of one’s medical condition; whether in avoiding pain, in going to doctor’s visits, in sleeping excessively, etc.  The proper balance between X and Y has already been “tipped” because of one’s medical condition.

Some other avenue of choice must be gotten, in order to re-balance the content of one’s life.

For Federal and Postal Workers, there is always the option of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS.  It is the ultimate balance tipper — in order to allow for the Federal or Postal Worker to have the restorative quietude to attend to one’s medical condition, and yet have a semblance of economic security in order to survive.

Federal Disability Retirement — a balance tipper in a world which often imposes upon our lives, where choices are limited and options narrow the substantive content of what can be done in order to maintain the proper balance in our lives.

Sincerely,

Robert R. McGill, Esquire

OPM FERS/CSRS Disability Retirement: Need versus Necessity

Needs can be variegated, and can be satisfied partially, delayed for further fulfillment at a later time and event, or controlled by sheer will and self-discipline.  They can also depend upon the particular individual, circumstance and personality and/or character of an individual.  They can vary based upon the subjective perspectives of an individual.

Necessity, by contrast, implies an objective determination of a mandated requirement.  It is not to be questioned; it is unequivocally “needed”.  As a prerequisite for completion of a linear production line, a necessary cause, while perhaps insufficient in and of itself to satisfy the entirety of the sequence of events, is nevertheless a required X in order to even consider the completion to Y.

For Federal and Postal employees who suffer from medical conditions such that the medical illness or injury impacts one’s performance, for a time — undetermined, perhaps, in the beginning of the process — Federal Disability Retirement benefits, applied through the U.S. Office of Personnel Management, may merely be viewed as a need, and therefore one which may be delayed, considered, and perhaps looked upon merely as one option among others.

As the medical condition continues to progressively deteriorate, it is the seriousness of the nexus between the medical condition and one’s ability/inability to perform the essential elements of one’s job, which ultimately begins to determine the need and transform it into a necessity.

Whether under FERS or CSRS, the Federal or Postal employee must make that time of determination — that personal choice — of when the transformation occurs; but because Federal Disability Retirement takes on average 8 – 10 months to obtain, from the start of the process to its conclusion, it is well not to wait for the transformation from “need” to “necessity”, to be further characterized as the third step in the evolution — one of critical crisis.

Sincerely,

Robert R. McGill, Esquire

OPM FERS/CSRS Disability Retirement: The Time is Now

Waiting for the perfect storm is always the most persuasive grounds for procrastination; that time where coalescence of all necessary factors come together to provide the optimal moment to do something, but which never arrives; and so there is always one issue still to point to, where one can say, “X has not occurred, yet,” in order to delay the inevitable.

The problem with allowing for perfection to prevent action, is that in the meantime it allows for the deterioration of surrounding circumstances and conditions to occur, thereby further exacerbating the allowance for any such perfection to appear.  Grounds always exist to excuse an action; and when the seriousness of contemplating a change of vocation or stoppage of a career is at stake, such grounds are normally reasonable and real.  But at some point, especially when contemplating filing for Federal Disability Retirement from the U.S. Office of Personnel Management, whether under FERS or CSRS, the Federal or Postal employee must simply acknowledge the fact that one’s present circumstance itself is less-than-a-perfect situation, and with that admission, to weigh the factors in deciding whether filing for FERS or CSRS Disability Retirement is the only viable option left.

In a fantasy-filled virtual world, it may well be that one can wait for the coming-together of perfect circumstances; in the “real” world, one must face and decide upon options which may not always present themselves as the best of all possible worlds.

The problem with today is that many of us live in the virtual world of videos; but there is a Kantian world of objectivity out there, and the coldness of that world is often reflected in the very agencies for which Federal and Postal Workers work.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: The Process of Decision-making

It is both informative and interesting to observe various personalities in the thought-process of decision-making.

Some will merely be silent and ponder for hours, days, and weeks (or longer), as if time alone with resolve an issue; others will be proactive and aggressively inquire, gather further facts; still others will make a quick and decisive stand, with little thought or reflection.

Then, of course, there are those who rely upon “gut instinct”; others who apply a methodological paradigm where each criteria must be satisfied and checked off before a decision is made; and some who “hedge their bets” and make a contingent decision, which is often no decision at all.

For Federal and Postal employees who are contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the luxury of time often works against them.

Time is the great decider of fate; for, whether because of financial reasons, Statute of Limitations, or impending adverse actions proposed by the agency, time constraints must always be factored into the process of decision-making. Wait too long, and it may be too late; wait not long enough, and an opportunity presently unforeseen may have manifested itself.

Time, in its essence, is both the outside influence and the internal trigger, and the time one takes in pondering the proper decision is often the indicator of whether it is the right or wrong decision.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Early Decisions, Later Consequences

Decisions engaged in early on, reap later consequences which often reflect the choices made in those initial steps.  This is true both in life generally, and in particularized ventures, endeavors and vocations.

That is precisely why we tell our kids to study hard; that the key to success is preparation and practice; that, on performance day, the ease with which the presentation appears reflects the extent of the behind-the-scenes effort which went into the show.

Such admonitions apply to every project we undertake, and it is no less different when one is contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, for the Federal and Postal Worker.  The logical sequence of how a person puts together a Federal Disability Retirement application will be reflected both in the final submission, as well as in the results obtained.

Now, there may well be cases which are poorly compiled, yet approved without a glitch; just as there will be cases which are irrefutably argued, yet denied by the Federal Bureaucracy identified as OPM.

However, another adage which is also true, is that “the exception does not make the rule”.

What words are chosen; how the Statement of Disability on SF 3112A is formulated; what medical evidence is presented; which legal arguments are promulgated and highlighted; what collateral issues are preemptively brought up; collectively, they “matter”.

What we do today determines the course of tomorrow; what tomorrow brings, will reflect upon who we are today.

Sincerely,

Robert R. McGill, Esquire 
Federal Disability Retirement Lawyer

 

Federal Disability Retirement: From Language to Pragmatic, Substantive & Sequential Steps

The leap from words-to-actions constitutes a milestone of advancement; otherwise, if left in the world of Wittgensteinian language games, where all one does is talk incessantly without “doing” anything, then one merely remains in a universe of one’s own creation.

We all know people “like that” — of talking, talking big, and talking non-stop; and as the talk continues, the world leaves such people behind.  Dreams are paradigms for the wide-eyed youth to search, attempt to strive towards, and to have the incentive to “reach for the stars”; but the reality of the world must also become a stark admixture in order for dreams to be interpreted into actuality.

The young basketball player who dreams of stardom in the NBA cannot reach such a goal unless he practices daily, relentlessly, and at the expense of many leisure and other activities.  It is ultimately the pragmatic steps which must be taken, which represent progress of sorts from a logical, sequential standpoint:  From A to B.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the undersigned attorney is often confronted with:  “I requested the forms from my agency, but I have no idea how to fill them out.”  Forms simplify processes, but they, too, are a composite of a jumble of words — on paper, in written form [sic].

Beyond mere words, in order to obtain Federal Disability Retirement benefits from the U.S. Office of Personnel Management, one must have a tactical and strategic plan — of how to meet the legal test of “preponderance of the evidence“; of how to gather and obtain the proper medical documentation; and how to create the “nexus” between one’s medical condition and the positional duties which one occupies and from which one will be filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

The world of language is one of beauty, but of an artifice of creation in man’s universe; it is the way of pragmatism which must be embraced, in order to be successful in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: The Automatic Pilot

Then there is the story of the individual who was driving an RV, set the acceleration mechanism on “auto”, and left the driver’s seat to go and make some coffee.  Obviously, one need not have too great an imagination as to what happened next.

“Auto pilot” is a concept which one considers in the context of comfort and alleviation of human effort; by allowing for machines and artificial intelligence to dominate and take over, such technological advances allow for human beings to engage in other pursuits.  The problem with such a perspective, however, is that most people go through life on auto-pilot to begin with; and allowing for machines and smart-technology to engage in human action merely perpetuates further thoughtless action.

In preparing, formulating and filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management, whether under FERS or CSRS, one will encounter many steps and stages of the phenomena identified as “auto-pilot” — both at the Agency level, as well as the case-worker at the U.S. Office of Personnel Management.

Whether because of being overworked, or after years of mundane administrative tasks which dull the intellectual capacities of the human brain, it is often difficult to “jolt” the worker into focusing upon one’s particular Federal Disability Retirement application.  While one can argue that, “If you have seen one, you have seen them all”, it is important to acknowledge that one’s own Federal Disability Retirement application is unique precisely because each medical condition and its impact upon one’s ability/inability to perform the essential elements of one’s positional duties is identifiably singular in relevance and importance, and as such, “shaking up” the sleeping giant of auto-pilot is crucial in getting a Medical Disability Retirement claim to successful completion and approval.

To do this, it is wise to make certain that one’s Federal Disability Retirement application is well-formulated, streamlined, and presented in a coherent, comprehensible whole.  That way, if one encounters an auto-pilot, it will not end up like the driver of the RV and result in a vehicle driving over the proverbial cliff.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Workers: Escape from the Morass

The loss of perspective comes at a price:  ever deeper in the morass of self-reflection, one cannot step outside of one’s self in order to attain a viewpoint other than that which one possesses.  That is often how we criticize politicians who have been in Washington for “too long” —  caught within a society of power and appearances, they fail to recognize how “real” people live and struggle.

The acknowledgment of such a perspective (or, to put it more correctly, some would say the “loss of perspective”) is a first step; the second, and more important step, is to do something about it.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important for the Federal or Postal employee to comprehend, understand, and ultimately “see” that there is a way out.

The desperation in the voices of those Federal and Postal employees who have been caught in the morass of the vicious cycle of pain, chronic and deteriorating medical conditions, the self-denigrating perpetual maze of being caught in a web where one can see no future in a job which one cannot perform because of a deteriorating medical condition which one cannot control, can be heard in the description of cries for help.

But the next step in order to escape such a morass is to prepare to formulate a plan, and the first stage of that plan is to decide whether one is eligible for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.  As that old proverb goes, the journey of a thousand miles begins with a first step…

Sincerely,

Robert R. McGill, Esquire