Federal Medical Retirement under FERS & CSRS: Static

It is the lack of movement or change which is the undesirable aspect of anything, and not necessarily the thing itself.  Perhaps there was never anything wrong with the substance or essence of the thing; the person remains, and yet, the lack of progress, the inability to move forward, the unresponsiveness to the contextual alterations and modifications — the world around changes, but the singular resistance is in and of itself that which negates.

Being “static” — of the lack of movement or change — is normally thought of as a negative perspective upon an entity.  It would be one thing if the nature of being static were to be an appraisal upon, say, an Aristotelian type of “god”, where the so-called Unmoved Mover is “static”, but all else constitutes a universal movement, but of a specific kind: movement towards the perfection of the Unmoved Mover.  But that is not what we are referring to when we speak about being “static”.  Instead, most of us ascribe a negative connotation, as in, “the inability to change or adapt when the context and circumstances necessitate it.”

That is often the problem with Federal and Postal employees who suffer from a medical condition, where the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal position.  For, the person him/herself has not really “changed” — aside from the medical condition itself, the essence of “who” the person is has remained static.  However, the circumstances have altered, in that one’s physical or cognitive capacity and ability have altered, normally in a way that no longer allows for a congruity or consistency with the type of positional duties required of one’s job.

Thus, in such a context, to “remain static” becomes a negative component of life, and requires and necessitates a modification of sorts — and preparing, formulating and filing an effective Federal Disability Retirement application, filed though the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS offset, is the first step towards breaking away from the negative mold of “being static”, and like the disruptive sounds that crackle like static electricity over a phone line or the sudden shock one feels when wearing a wool sweater, being static can only lead to worsening conditions if one delays in preparing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Identifying the time for change

At what point does a person finally realize that it is time for a change?  That things cannot go on “as is” much longer, and certain modifications, “accommodations” (there’s that fearful word, again) and alterations must occur, or else you feel that your head will explode or something dire will suddenly befall.  Inside, daily, your thoughts turn to the knowledge that “this cannot go on forever”, and that something must occur.  But what?

Then, the voice of hope keeps whispering that, well, perhaps circumstances will change, alterations to the objective universe may come about in the morning thereafter, and the world will somehow shift and things will get better.

We have been fed upon from infancy until the cold winds of adulthood that folklore and fairytales occur, but the reality is that unless we initiate the pathways of change, they rarely occur except in fables of miracles and mythologies told in dusty old books.

First, it should be clear that the need for change has already been identified when one recognizes that it is time for change.  That identification, however, is often not enough.  For, it is the further sub-identification in recognizing what it is that needs change, and more importantly, why?

If the reasons underlying the need are within the purview of one’s control and destiny of choices being made, then the second step in the process can be initiated by the need identified.  That is the critical juncture in the decision-making process: Of identification, the reason, the underlying need, and then the steps taken to initiate the change in order to satisfy the need identified.

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 need for change often comes about incrementally, insidiously and without great fanfare.

The “need for change” can often come at a critical juncture where frustration of a sense of impending doom collide, and necessity arises because no other alternative pathways appear to exist.  Moreover, it is the identification of the time for change that is often overlooked — that point in life where one is scrambling about desperately not quite knowing the “why” of the need, but only that it must come about.

Speaking to an experienced attorney who specializes in Federal Disability Retirement law may be the first step in sorting it all out.  For the Federal or Postal employee who must by necessity consider filing a Federal Disability Retirement application , the need for change is likely now; identifying the time for change may only require the time it takes to have an initial consultation with a lawyer who has guided many Federal and Postal employees through this process before.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer for OPM Disability Claims: The interrupted signature

The signature is the great identifier of a person.  It is, in some countries and cultures more than others, and even here in the United States, a feature that distinguishes, a type of rite of passage into adulthood, and in many ways a revealing characteristic.

It allows for the voluntary identification of a feature emanating from one’s own free will; an act which seals a compact; a stamp that distinguishes the person who completes the signature, from that of another; and declares to the world that this act, the signature stamp, with all of its unique swirls, crosses, dots and turnabouts, like some spinning basketball move that tells everyone else that you have arrived, is different, distinctive and peculiar to only the very individual who has picked up the pen at that moment in time and inked the singular characteristic upon a piece of paper.

Consistency in the written signature is important in establishing the uniqueness and distinctive feature; that, in and of itself, is a kind of oxymoron, is it not, when one pauses to reflect upon it?  For, to be “unique” and “singular” is to be a “one-time” event and a distinguishing peculiarity that cannot be reenacted or copied beyond the soliloquy of the act itself; and yet, for a signature to be effective, one must be able to repeat the same curves, the mimic again and again of the lines, crosses, dots, etc. of the signature hundreds of times over and thousands over a lifetime of signing one’s signature.

And then, once one has mastered the ability to sign one’s name in a unique, singular form, and be able to repeat it over and over again – have you ever notice how difficult it is to complete the interrupted signature?  It is as if the body itself is separated from the mind, and it is the hand and fingers that hold the pen that “remembers”, and not the eyes that guide or the brain that follows.  When once the flow of the signature has been interrupted, the uniqueness remember is suddenly forgotten.

It is likened to a Federal employee or U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job.  The medical condition intervenes and begins to interrupt, “preventing” one from performing one or more of the essential elements of the Federal or Postal position that the person has been so uniquely qualified to do for so many years.

That is the insidiousness of a medical condition.  Such an interruption, however, is much more serious – for it doesn’t merely interrupt or impede the completion of a signature, but of a career, of goals, of family financial support, and every other aspect of a person’s life.

Preparing, formulating and filing a Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is an important next step in taking up the proverbial pen and completing one’s signature.  And like the signature itself, the Federal or Postal employee need not fret about the uniqueness lost; you are still the same person, singular in every respect, whether your health has forced you to move on in life, no less than the signature that distinguishes you from all others.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirements: The predetermined, “Let’s discuss it”

You can often tell from the eyes and the mannerism whether the opening prelude is meaningful, or predetermined to merely manipulate to an intended end.  The opening interlude which allows for the conduit of engagement:  “Let’s discuss it”; does it next encapsulate an ear which listens, or pauses which allow for conveyance of communication – or merely a diatribe of invective meant to dissuade and demean?

It is a rare character, indeed, that states and means in a coalescence of sincerity; instead, the danger signs should be evident at the outset:  The end has already been predetermined; your words are merely allowed to provide a setting of appearance, or to give you the rope in order to coil it and hang yourself.

Beware of the wolf in sheep’s clothing (or does that metaphor even apply, today?); there is rarely a cast of shadows without the darkness elongated, and it is indeed a rarity to find sincerity in an insincere world.  Discussion requires a prefatory contingency of openness to logical argumentation (or even emotional appeal), persuasion, dissuasive comportments, and a sense of listening.

Is there a fine line between that, and a preset paradigm of an already-established course?  Take the following hypothetical:  Some figure of authority – the “boss”, or a manager, supervisor, etc. – grants a forum for a “discussion” of the “issue” (whatever they may be), but during such an exchange it becomes readily apparent that the counterpart shows no signs of actual interest – the fidgeting, the proverbial “looking at the watch”, the furtive eyes, the yawn; all together, showing a complete disinterestedness in the process.

But something during the discussion sparks, and an unintended consequence (to paraphrase the well-worn American Lore from Adam Smith and the economic entrails of systematic chaos) suddenly rears its beautiful head; eyes sparkle; the head and chin tilt slightly back, and intelligence (which heretofore was merely a dark abyss of eternal vacuity) gleams in the eyes of the “boss”; “Now, that is an interesting proposal…” comes the refrain.

In such a scenario, was the fact that predetermination of outcome altered during the course of the foray, changed the entire episode into one which embraced a sincerity of motives?  Or, is it merely that the counterpart changed his or her mind, and “openness” to such an exchange was a farcical prelude to an otherwise meaningless exchange?  Does the mere fact of allowing for a discussion – an opportunity to voice one’s concerns or to “vent” through a diatribe of invectives – establish a sincerity of allowances, even if the original intent was otherwise left unstated?

Which brings us to the point of this exchange – for, in a Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the thing that many Federal and Postal employees fail to realize, is that there is contained within the bureaucratic system of the administrative process, a procedure which essential does constitute a “Let’s discuss it” trigger.

For, that is precisely why there are multiple stages of the administrative process – of the “Initial Stage” in filing a FERS or CSRS Disability Retirement application; then, if rejected and denied at the First Stage, a second “opportunity” of a “Let’s discuss it”, represented by a “Reconsideration Stage”, where additional medical documentation and legal argumentation can be empowered; and, then again, a “Third Stage”, where the Federal or Postal employee may disagree with OPM’s determination, and file an appeal to the U.S. Merit Systems Protection Board.  Additionally, there is even a Fourth Stage – of a Petition to a panel of MSPB Judges for a legal review of the process.

Such an Administrative Procedure reveals and establishes an aversion to what most people experience, in that there is a process of listening, appealing and persuading in a Federal Disability Retirement application – something which is rarely found in the world at large, where the refrain, “Let’s discuss it”, is normally anything more than a prelude to a predetermined course of action.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: The Narrative Recanted

The ability to expunge, extinguish or recant is only available to the extent that memory serves us well; for, as the last veteran of a war once fought follows to a grave avoided in the skirmishes and battles long forgotten, so the discarding of memorialized narratives will survive long past, or be placed upon the dusty shelves of books unread and periodicals unsealed.

Human memory itself, of course, is fickle and fraught with errors of judgment and contextual intermingling of past vestiges, present impressions and future anticipatory angst of what should be; thus do short stories and novels of Dickensian genres magnify the perspective from a child’s memory of slights and wrongs committed.  It is when the written form is completed, that we are locked into the truth or falsity of an otherwise remembered past.

For Federal employees and U.S. Postal workers who prepare, formulate and file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the narrative Statement of Disability as propounded, explicated and sealed on SF 3112A becomes the foundation of one’s application.  For that is where the facts, figures and featured fellowship between one’s medical condition, the work one engages in, and the nexus between the two will determine the evaluative force and analytical judgment of the Administrative Specialist at the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Once the Federal Disability Retirement application is submitted to Boyers, Pennsylvania, and a CSA Number is assigned, the content of the narrative statement is accepted and ensconced in stone; medical conditions cannot be “added”, but they can follow the course of substantive inclusion; and nor can the narrative be recanted, despite differing memories diverging from the written Statement of Disability as submitted to OPM on SF 3112A.

As such, one must take care in the preparation, formulation and filing of an OPM Disability Retirement application, for the narrative recanted must be withdrawn, but the residue of past submissions may remain in copied form in the unforgiving files of a bureaucracy which never discards anything, even unto the dustbin of history.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: Living beyond chance

Perhaps we engaged in it as children: making sure to skip over the jagged cracks in the sidewalk; turning suddenly in the opposite direction, believing that fate and determinism would be defied if an unexpected act were to be embraced; and later, the purchase of a lottery ticket, or to become more seriously addicted to gambling.

Chance provides the thrill of the unknown; but it need not rise to the level of daily obsessions in order to be caught in the delicate web of its enchantments; indeed, in fantasizing daily for circumstances to alter, becoming lost in daydreams of living a different life, or imagining subconsciously of occupying another, we surrender ourselves to the nirvana of chance and the enticement of make-believe, leaving us forever in the neutral rut of illicit anticipations never to be realized.

But problems rarely just go away on their own; and no matter what the chances are that fate and karma coincide to provide alternate universes of better circumstances, it is ultimately the affirmative will of the individual which makes the difference before the now and the moment thereafter.

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 Federal or Postal job, the intransigent situation of waiting for the Federal agency or the U.S. Postal Service to “act” in either accommodating the Federal or Postal employee’s medical condition, or to otherwise do something positive to resolve a hostile work environment ongoing because of the medical condition and the deterioration of one’s health, is to leave one’s circumstances to the winds of chance.

It must be by the affirmative steps taken by the Federal or Postal employee, to force the issue, and begin the process of preparing, formulating and filing an effective Federal OPM Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, that “things” actually happen.

The fickleness of chance should be left behind, like childhood notions of gnomes hiding behind green hamlets of dream-filled universes; for the ugliness of the adult’s world requires us to live beyond chance, and the future depends upon awakening from that warm and cozy slumber of fate determined by avoidance.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The distance marker

Highways have them; sports arenas and fields are littered with their recognizable placements; and runners rely upon them.  On highways, they are often coordinated with exits upcoming, but most drivers fail to recognize their relevance, and rarely take note of them.

What most people don’t understand, comprehend, and fail to appreciate, is that their importance is not merely about the distance still left to go, but how far one has already traveled.  The former is often tied intimately to the struggles one foresees extending into the future; the latter, forgetful or forgettable, as life’s accolades are rarely declared, and seldom trumpeted.

Thus, when a career is cut short, or a change in the course of a person’s life is necessitated by unforeseen circumstances, the internal agony and angst of life is always focused upon how much further we must go, as opposed to taking a breath and appreciating what distances we have already traversed.  Perhaps that is for the best; for, if pause were to become a pattern of petulance, progress would never be permeated.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition impedes, prevents, or otherwise interferes with the performance of the essential elements of one’s Federal or Postal positional duties in the Federal agency or the U.S. Postal Service, the thoughts are always projected towards the future, and should be, as that is a “good” thing.

Too much reflection upon past accomplishments rarely does one good; and, in any event, the Federal agency certainly doesn’t care (don’t hold your breath for an anticipated office party recognizing your accomplishments and contributions), and except for some modicum of acknowledgements in performance reviews, will not give any leeway for future considerations based upon past successes achieved.

Perhaps that is why distance markers are ignored, except by those who have a purposeful drive in reaching a designated destination.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS or CSRS, or even CSRS Offset, becomes a necessity and a choice for the future, the distance marker to recognize is the attaining of that Disability Retirement annuity — and beyond, where life can be lived after Federal Employment.

And of the distance already traversed?  Reflection upon past successes can be the foundation for future endeavors; mark them, and even remember their placement and location; but never pause longer than half a breath, before moving on to the coordinated exit recognized as the effective preparation, formulating and filing of a Federal Disability Retirement application, lest not only the distance marker passes you by, but you miss the coordinated exit, as well.

Sincerely,

Robert R. McGill, Esquire