OPM Medical Disability Retirement under FERS: Smart People

They are all around us.  The ones who claim to be often are not; the ones who are identified by others as such often think too highly of themselves, so that their own opinions of themselves have undermined the very ascription of the identifying feature; and those who really are seem to be taken in with the self-identification, and have become aloof, arrogant and overwhelmed by self-importance.

Being smart is one thing; being smart and possessing other attributes — like kindness, empathy, having a conscience or just showing a concern for others — is quite another.  Humility is a character trait which is fast disappearing in this world.  These days, being “smart” carries very little significance, as there appear to be smart people everywhere.

Perhaps you are smart.  Perhaps you are surrounded by smart people.  That is well and good.  But for the Federal employee or U.S. Postal worker who begins to 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 his or her job, being smart and being surrounded by smart people becomes less of a factor in life.

Life is a matter of proper perspectives.  Being smart in the face of deteriorating health grants you nothing extra, and when you need to file for Federal Disability Retirement benefits, you will likely find that your Agency or Postal facility — which are filled with smart people — are also some of the meanest and self-centered people you have ever met.

Call a Federal Disability Retirement Lawyer and dispel the notion that being “smart” is what is important; there are, to be sure, more important attributes to consider.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Cheapness of Life

We give lip service to the belief that “life is sacred” or that “each life is unique”, but a society’s actions rarely support the sincerity of such a belief.  Sincerity of words cannot be affirmed by more words piled on top of words previously spoken; rather, it can only be validated through actions affirming such words, lest emptiness of belief be revealed through the inaction evidencing hypocrisy. How we treat one another; what we are willing to do for our fellow man; how we treat both strangers and friends alike; these actions, in contrast to the words we use, show and reveal the cheapness of life.

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 cheapness of life is revealed through the manner in which the Federal or Postal facility treats you once it has discovered that you are no longer valuable to the Federal Agency or the Postal facility.  Federal Disability Retirement is a benefit under the law which affirms the value of Federal and Postal employees; how your Agency or Postal facility treats you does not undermine the fact that Federal Disability Retirement is available when needed.

Consult with a Federal Disability Lawyer who specializes in FERS Disability Retirement Law and affirm the opposite of the view that the cheapness of life is the primary value to be upheld.

Sincerely,

Robert R. McGill, Esquire
OPM Medical Disability Retirement Attorney

 

FERS Disability Retirement Benefits: How we fit in

Federal employees who don’t fit

 It is the misfits of whom we scoff at; of the random and discarded puzzle-pieces that seem to never find their proper configuration and therefore are cast aside before the picture is completed; and those square pegs that don’t fit into the round hole — whether, either the pegs must be shaved in order to conform, or the whole must be widened so that the peg can be dropped in; even though they don’t actually fit but remain loosely within the hole, but that’s okay because at least they are no longer seen as “not fitting in”.

In the end, the grind of life fatigues us.

We all conform, despite our initial resistance to such conformity.  The world requires conformity and predictability; and school, well, it is a means of ensuring the mass production of conformed groups who all think alike and behave in parallel fashion.  Every now and then, of course, a creative genius breaks away from the mold of artificial constructs; but in the end, even creative geniuses fall prey to the constant punishments meted out to those who dare to be different.

Federal employees who suffer from a medical condition and who can no longer perform one or more of the essential elements of his or her Federal or Postal job — they are, essentially, misfits within a Federal system that cannot accommodate misfits for long.

Federal Disability Retirement is a pathway out of the mold that dictates how we fit in; it is part of the “system” of dealing with misfits so that you are no longer deemed a disrupting influence upon the smooth flow of the Agency’s “mission” or the Postal Service’s massive mail distribution system.  It is a long and arduous process by which various criteria must be met, and as such, the Federal or Postal employee should consult with an experienced Attorney who specializes in Federal Disability Retirement Law so that the Federal Disability Retirement attorney can guide you into seeing how you will “fit in” — into the system as a Federal Disability Retiree.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The dullness of creative lack

Have you ever observed the child who takes a stick and imagines himself/herself (we are trying to maintain the decorum of political correctness, here, by including all genders, because the implication otherwise in using a reflexive pronoun identifying a specific population apparently denotes that excluding the other half-or-so of the world’s inhabitants is discriminatory and an engagement of possible malfeasance, which we would not want to be charged with) emboldened by a weapon in hand and being the hero of an imaginary battle, invincible to a fault, brave without being arrogant, and making garbled sounds of whizzing bullets and fantastical feats of being wounded but with tenacity of self-will, capturing the enemy fort, being generous to those unfortunate prisoners of war and conquering singlehandedly a page in the history of unbounded heroism?

Contrast that depicted slice of imagination, to the child who is given every expensive toy and accouterments available on Amazon – the superhero wardrobe with cape; a replica of a life-like weapon; plastic hand grenades; and whatever other appendages that replace the creativity of one’s imagination – even of sound-effects emitted, downloaded on one’s cellphone placed in the utility belt worn by the kid; suddenly, it is mere motions that the child goes through, while all of the trappings have been satisfied even before the fun began.

That is what we do, isn’t it, as parents who believe that we were deprived in our own childhoods?  We gave everything, not knowing that by doing so, we took away the most important piece of the proverbial puzzle.  It is the puzzle of the dullness of creative lack; the less we had, the more we had to compensate and greater the reward in cognitive activity; and the more we gave, the less the child had to provide his or her creative input, thereby diminishing the soul’s inner force of imagination, resulting in the negative consequence in the dullness of creative lack.

That which we are given that undermines creative energy, we submit with the lazy side of human nature; and as inactivity and inertia results in atrophy, so gifts unsolicited in overabundance of generosity can actually harm in the ignorance of thoughtless plenitude.  And so we often find ourselves in the rut of daily monotony, on that treadmill of constancy even when we know we are destroying ourselves.  Children, in their innocence, don’t realize the harm; adults, too, but not in innocence but cynicism of life’s callouses, forge ahead even if they do recognize the harm.

Isn’t that what the Federal employee or U.S. Postal worker who persists in the self-immolation of continuing a Federal or Postal career, is actually doing?  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 worker from performing one or more of the essential elements of the Federal or Postal position, it is often the reality of the harm perpetrated by continuing in the Federal or Postal position that prompts, compels, and finally necessitates the preparation, formulation and filing of a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Going down the road of Federal Disability Retirement is often considered a major decision and a giant leap in one’s life, but it certainly does not portend of a dullness of creative lack to consider its resulting benefits.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: Life’s enjoyment

Are we ever taught that?  If the answer is in the negative, then from whence did we learn, attain or otherwise receive the tools to engage in the purity of sensation such that we could embrace it?  Did we become such through osmosis; from imprints; from learned behavior encompassing a lifetime of observations reinforced by wisdom’s refrain upon the blank chalkboard of our consciousness?  How does one “enjoy” life, anymore than learning to ride a bicycle, drive a car or care for a cute puppy (the last in the list, of course, need not be learned, but only be taken in by the natural affinity one has upon seeing the eyes of warmth, intelligence and fierce loyalty displayed, and is an exception and one of life’s conundrums to be accepted without questioning)?

There are many who walk about, who have absolutely no clue as to how one can, should or would have any enjoyment at all; and thus the total immersion in one’s work, or projects begun and always left unfinished – for, to complete them would mean that something ended, and that would force one into a reflection about the meaning, value and relevance of one’s activities, would it not?

One often hears the familiar refrain:  “I don’t know how to enjoy life; to me, unless I am busy with work, chores, updating my Facebook page, texting friends or jogging, I can’t be happy.”  Productivity is the measure of success; time set aside for vacations – despite still doing email, texting, messaging or other forms of “connectivity” as advertised to be the horror of all horrors if loss of it were to ever occur – is a concept that questions the very meaning of life’s enjoyment.  For, if one pauses for a moment to reflect:  Is the treadmill one is on merely for purposes of getting off for a moment, then to get right back on in order to find, again, a time to get off for another period of repose?

If so, how is that any different from Camus’ essay on the absurdity of life’s perspective as seen through the eyes of a French Existentialist, and specifically, of the Myth of Sisyphus and the condemnation by the gods to roll the boulder up the hill, only to watch it tumble down, then to engage in the eternal monotony of pushing it back up, only to observe its descent?

Life’s enjoyment, and the promise for tomorrow, was always meant to be more than that – of a daily sense of joy, a widespread sensation of contentment, and an ease of burden when once we were innocent children playing with but a ready laughter to give.  It is the truth that haunts, and especially the proverbial quip about the final straw that breaks the camel’s back.  With the persistent onslaught of stimuli unable to be resisted, we allow for the daily bombardment to deplete the little energy we have in reserve.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition not only intervenes in the ability and capacity to perform the essential elements of the Federal or Postal job, but further, depletes, diminishes and – ultimately — destroys even the potentiality to enjoy life and all of its complex presentations, the option to file for Federal Disability Retirement benefits must be considered.

Yes, it is a long and arduous bureaucratic process.  No, going through the process will not enhance, for the short term, life’s enjoyment.  But in the end, necessary changes are called for – nay, compelled by – medical conditions that interrupt life’s enjoyment, and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is to enhance that potential for the future enjoyment of life’s joys, while perhaps foregoing the short-term stubble of inconvenient interludes of angst-driven necessities.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement for Federal Employees: The compromised life

We all make them, though we deny it.  Iconoclasts scorn it; the extremes of either side scoff at it; and, in the end, it reflects the reality of who we are, how we live, and by what vaunted principles we purportedly possess.

On a theoretical level, it is easy to remain the stalwart – that singular entity standing on principle and commitment.  The one who has never experienced war – to express beliefs of “courage”, “unwavering loyalty” and blind bravery declared in wrappings of the flag and national identity.  Or of fidelity and traditional values despite personal shortcomings of multiple marital infidelities and 3 or 4 marriages, with the devastation of a trail of longing children with a hole in each heart, wishing that principles could be exchanged for a single memory of playing catch on a summer’s day.

If you are sequestered whether by wealth or capacity to ignore, it is easy to shout out principles; but, then, when the test of life intrudes, the failings of reality reconstitute an extraordinary hypothetical into a quivering crumbling of an ordinary person.

Ordinariness is certainly rarely looked upon as the paradigm to follow, and the argument often goes:  You never want to dumb down deviancy (Moynihan’s famous phrase extrapolated from a generation or two ago, lost forever by events of social and cultural turmoil hence), and so, even if no one actually lives like the pinnacle of beautiful thoughts and voices stated by writers, essayists and politicians (who themselves bifurcate “personal conduct” from the espoused rhetoric emitted from hollow mouths with a dead-panned look of seriousness), the common masses are admonished by rebukes of being responsible for the “cultural rot” that dissipates throughout.

Reality has a way of compromising the apex of beautiful words, paragraphs, pages and entire narratives of a singular life.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition may be preventing the Federal or Postal worker from being able to perform all of the essential elements of the position occupied, the concept of a compromised life is now a reality.  For, the sequential perspective of what is expected – of continuing until retirement age a career fulfilled, with regular promotions and deserved merit pay – may need to be ‘adjusted’ in accordance with the reality of life’s impositions.

Having a compromised life and accepting the compromises of life’s misgivings is not a sin, nor a diminution of one’s principled belief-system; instead, in preparing, formulating and filing a Federal Disability Retirement application through the U.S. Office of Personnel Management, it is merely a recognition that theoretical foundations were always meant to be modified, and those speechifying vanguards of social commentators never meant the fulfillment of their own words, anyway, and it was always the compromised life that reflected the reality of the boorish insistence that we were angels and gods unknown.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: False Positives

We demand that a “retest” be done, to ensure that the result did not have the opposite effect.  It is a linguistic conundrum that the affirmative means its negative; for, in medicine, a “positive” result is the worst of news, whereas in most every other context, it is a welcomed declarative.  But because it is a result which is not embraced with delight, we ask that it be further verified in the event that the “positive” is a false one, and we want it instead to not be a true one, and thus ask for a retest in order to see whether the second one will result in a true negative, which is the opposite of a true positive in hopes that the first positive result is a false one.

Are there such similar circumstances in daily life, apart from the medical field, where we received results of false positives?  The latter term in the phrase is misleading, precisely because laudatory declaratives are normally welcoming additions; yet, combined with the former word that essentially negates the latter, it is an oxymoron of sorts and is thus relegated to a defined field in the medical arena.

But false positive do rear their ugly heads now and again; in employment, where awards and exuberant encouragement are provided with nary a compensatory incentive, giving the impression that the company recognizes the employee as a valued asset, all the while withholding that most coveted of advancements – the “raise”.

That is surely a “false positive” that needs to be retested.

Or, of loyalty seemingly accorded by a Federal agency or the U.S. Postal worker, so long as productivity is met and the “mission of the agency” is placed on a priority basis, where long and uncompensated hours, both in physical presence and cognitive input when exhaustion from work, worries and problem solving overwhelm and consecrate; but when it really “counts”, does the concept of loyalty allow for bilateralism, or was it merely a one-way street:  Your loyalty to the Federal Agency or the Postal Service, in return for a false positive?

Is filing a Federal Disability Retirement application considered a “false positive”?  Or even in an inverted sense – it is “positive” because it is a benefit which is available when (often) all other options have failed; it is purportedly “false” because it means giving up one’s career and being presented with a future with less income.

But it can also possess an inverted meaning –  of a false positive because it is an a recognition that the medical condition has come to a point where an admission must be made:  the falsity of hope in relying upon the Federal Agency or U.S. Postal Service to reward one’s undiminished loyalty these many years and decades, would result in an accommodation of the medical condition, combined with a sense of positive outlook for the future because of this past reliance.

No – unfortunately, such a false positive would surely have to be retested, and the result would be that, yes, the false positive of having the ability to prepare, formulate and file for Federal Disability Retirement benefits is indeed a true positive that is there to be accessed.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement Application: The tumescent narrative

The pendulum between a swollen ego and a timid conscience can be wide and vast; or of the difference between panicked shyness amounting to a hermit’s refuge, and arrogance in man that betrays the smallness of one’s heart.  Being “puffed up” is one thing; demanding one’s rights without persuasive argumentation, quite another.

In formulating one’s “story” in preparing an effective Federal Disability Retirement application, specifically on SF 3112A, Applicant’s Statement of Disability, the undersigned lawyer has seen – when a person has tried this on his or her own at the First Stage of the process, been rejected, and has come for assistance and legal guidance at the Second Stage of the Process (called the “Reconsideration Stage” before the U.S. Office of Personnel Management) – an underlying tinge of what may be deemed a tumescent narrative:  A delineation of demanding, as opposed to persuading, of asserting, in contrast to revealing, and one of puffing up, in contradistinction to allowing the facts to speak for themselves.

Fear is often the explanation for engaging in a tumescent narrative; for, to cover that fear, arrogance and puffing up is thought to conceal the stench of fright.  What should be the voice, tone and approach in a narrative statement to the U.S. Office of Personnel Management?

Certainly, every story has a tonality that undergirds the telling of it, and even if the voice is absent, the speaker not present, the written delineation will still spill over with a cadence of unmistakable clarity.

Should the voice reveal humility, a begging for an approval?  Should it be demanding, overreaching, iconoclastic in its compelling movement?  Would it be better to be neutral, state the facts and respectfully request a fair review?  What of the references to legal precedents – is there an appropriate tone and gesture to the argumentation and methodological road-map presented to guide and persuade?

Every written narrative – even a few sentences – can reveal a “voice” behind the static nature of the written words.  In preparing an effective Federal Disability Retirement application, the Applicant’s Statement of Disability will be a central component of the application packet; and, if an attorney is involved, a legal memorandum should always accompany it by providing a statutory roadmap to the U.S. Office of Personnel Management.

What most people do not understand is that the tone and voice of a Federal Disability Retirement packet – with the compendium of medical reports, narrative statements on SF 3112A, legal memorandum and argumentation for persuasion to an approval – can have a shifting tone depending upon what is being addressed.

The tumescent narrative is one which is likened to a mono-tone, and therefore, to a great extent, tone-deaf.  Circumstances should dictate the voice of the narrator; where facts are stated, neutrality is called for; when persuasive argumentation is encompassed, a bold and confident assertiveness.

The effective Federal Disability Retirement packet must embrace a variety of voices, and never allowed to be relegated to the quivering reaction of a tumescent narrative, where fear becomes the guiding principle for an ineffective voice.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement under FERS or CSRS: Clueless

We are, for the most part, clueless in most things.  Those very limited subjects of which we are deemed an “expert” or having some partial knowledge about, are merely one in a million, and so we walk around thinking highly of ourselves, yet clueless in 99.9% of everything else.

Fortunately, there is no criminal statute that can be imposed upon being clueless.  Life is complex enough without having to acknowledge that we walk about without any real idea as to how to tackle the problems; but as braggadocio wins the day for most people, most of the time, so long as the next guy believes that we know what we are doing, it counts for much of life’s conundrums.

Most people aren’t even barely competent in their chosen fields until they have been engulfed in the technicalities presented for 20 – 30 years; then, just when competence is assured, we are fired or otherwise dismissed summarily.  Knowledge and wisdom in this country is never valued; rather, the cult of youth, plastic surgery to extend the appearance of it, and the irrelevance reflected in casting aside those who have passed the halfway mark reveals much about this society.

That’s the problem with Federal agencies and the U.S. Postal Service; they believe that Federal employees and U.S. Postal workers are essentially fungible goods, replaceable with youth or some other inexperienced and clueless individual.  Look at the entire issue of “accommodations” and Federal Disability Retirement law; agencies rarely put in the effort, other than a simple computer search to try and do a “match” between skill-sets and position descriptions (sort of like a corollary to internet dating sites), and the entire process and procedure reveals much about the value that Federal agencies and U.S. Postal workers place upon experience and wisdom.

For Federal employees and U.S. Postal workers who are 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, the questions surrounding SF 3112D and the Agency’s efforts to reassign or otherwise “accommodate” the Federal or Postal employee’s medical disabilities, is a rather complex issue to explain in full.

Suffice it to say, however, that a truly viable, legally-acceptable accommodation rarely, if ever, happens, and therefore is almost never a roadblock to filing an effective Federal Disability Retirement application.  It is just another indication of how clueless even the Federal Agencies are, as well as the U.S. Postal Service; and as we all step into the general cauldron of cluelessness within the confines of a clueless universe, preparing an effective Federal Disability Retirement application can serve to be an escape into the next phase of a clueless process.

Sincerely,

Robert R. McGill, Esquire