Medical Retirement for Federal Employees: Life’s Muddle

We like to think that we are competent; but much of life is a muddle, where we try and plod along acting “as if”, when the truth is that we are winging it.  For the most part, that works; and the reason why it works is because the rest of the world, as well, is simply plodding along in the same manner and fashion.  Life is a muddle, and when a significant intervening event comes into play, the muddle becomes even murkier and the division between those who are truly competent, and those who have simply been “faking it”, come to the fore and become ever more focused.

Medical conditions, likewise, tend to do that: They bring out the best of people, as well as the worst.  They sharpen the divide between people who are empathetic and those who care not a twit except for times when it might be to their advantage.  And, as Federal agencies and Postal facilities are mere microcosms of people in general, the extent of an Agency’s efforts to accommodate a Federal employee’s medical conditions reveals the underlying character of the people involved.

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 time to continue to muddle through the complex bureaucratic process of filing a Federal Disability Retirement application should be left to the “experts”.  There are times to muddle, and times not to muddle, and the latter is one of those times when filing for FERS Disability Retirement benefits with OPM.

Consult with an OPM Attorney who specializes in Federal Disability Retirement Law, and stop trying to muddle through life’s muddle.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: The Pariah

The irony is that some in the universe of bloggers and ceaseless appearances on the Internet consider that the word itself should be cast out of the sphere of daily lexicon usage; the word itself is considered a pariah, and therefore is treated as such.

Yet, words in and of themselves have no meaning; Wittgenstein is correct in positing that the concept of a “private language game” known exclusively to a single individual is nonsensical — literally — precisely because “meaning” is imported by the manner in which a word or sentence is communicated between two or more individuals, and the purpose and motive by which it is applied.

A pariah is an outcast, and there are many in the world who are treated as such.  Whatever its historical origins or derivative usage which have engendered insult or resulted in a connotation of disparagement, the problem is not in the word itself but in the motive behind its application.  The word itself is actually quite descriptive and describes accurately the manner in which many individuals in society are treated.  Expungement of the word would indeed be a great loss.

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 treatment of such individuals as a “Pariah” aptly describes how they are looked upon.

Consult with a Federal Lawyer who specializes in Federal Disability Retirement Law, and see whether or not you might qualify for a Federal Disability Retirement annuity so that you can escape from the designation of a “pariah” and move forward in a life where you are treated as an equal, and not as an outcast.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Patterns of existence

If you live long enough, you begin to see the patterns of existence; and, perhaps, that is why cynicism begins to creep into the lives of the older generation.  When you have “seen it all”, does the shadow which looms upon the radiance of a midday smile begin to fade with the vestiges of dark clouds approaching?

The repetition of vacuous words emitted from the caverns of a politician’s mouth; the crime waves that never seem to relent no matter the spectrum of punishment versus economic investment; the inflationary impact upon the valuation of monetary policy; and the general rule that, for the most part, tomorrow will be no different than today, and today is the measure to determine the memories of yesterday.

Is there really a “pattern” that comes about every 50, 70, or 100 years?  Many of us may live to witness such patterns if it is the first in the tripartite sequence of numbers — but does twice in witnessing constitute a “pattern”, per se?

Say you saw that X happened when first you became aware of your surroundings after birth; and 50 years later, you saw the same, or “similar” occurrence; does that constitute a “pattern”, or is it merely what Hume contended, that the mere fact of B following upon A does not constitute causality, but merely a coincidence of happenstance of one occurring after the other because there is no “necessary connection” between A and B.  Or, is it that we attribute patterns of existence because we ourselves reside in such repetitive monotony based upon expectations that the room we exited from will still exist in fairly the same way as we left it upon returning to it — vestiges of Berkeley’s idealism and definition of “existence” wedded to perceptual departure?

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 his or her position with the Federal Government or U.S. Postal Service, FERS Disability Retirement should be an option to consider.

Just remember, however, the “rules” governing the patterns of existence: Don’t ever think that such a bureaucratic procedure can be easily maneuvered through; don’t presume that your case is an “easy” one; and don’t believe everything that your Human Resource Office, your Supervisor or even your “best friend at work” is going to tell you everything you need to know.  To do so would be to violate the first rule in the patterns of existence: Things are always more complicated than they seem.

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Disability Retirement: Preparing the case

For some reason, Federal and Postal workers who “prepare” and submit a Federal Disability Retirement application, do so without much thought as to what is entailed by the entire process.

They will often rely upon what the “Human Resource Office” tells them — of forms to fill out, what form to give to the doctor, the form to give to the supervisor, etc., and will spend more time trying to figure out the confusing life insurance form than in preparing the Applicant’s Statement of Disability (SF 3112A) or the legal precedents that govern Federal Disability Retirement Law — and then, when it gets denied at the Initial Stage of the process and the Federal or Postal Disability Retirement applicant goes back to the H.R. “Specialist” and asks, “Well, what do I do now?”, the response is: “That is not our problem; that’s a problem you have to deal with.”

Accountability is not known to be a commonly recognized characteristic in a Human Resource Office, and while there are never any guarantees in life, in any sector or endeavor, at a minimum, when one is being “assisted” and guided through an administrative process, it is important to know whether or not whoever you are relying upon will see you through to the end.

Why the Federal or Postal employee who begins the process of preparing, formulating and filing a Federal Disability Retirement application does so without the same care, scrutiny and comprehensive approach as one does in “other” legal cases, is a puzzle.

Federal Disability Retirement — whether under FERS, CSRS or CSRS Offset — is as complex a case as any other, and should be approached with the same intensity, technical application and expertise as a patent and trademark case, or a complicated medical malpractice filing.  For, a Federal Disability Retirement case involves every aspect of any other type of complex litigation — of the proper medical evidence to gather; of meeting the established legal standard in order to meet the burden of proof; of citing the relevant legal precedents in order to persuade the reviewer at the U.S. Office of Personnel Management; and presenting a compelling description to a “jury” at OPM that one has met the nexus between “having a medical condition” and the inconsistency inherent with the positional duties required, etc.

In the end, preparing the case for submission of a Federal Disability Retirement application involves greater complexity than what the layman can normally account for, and as the fine print in those television commercials state involving sporty vehicles maneuvering at high speeds, you may not want to try this on your own.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Reality and poetry

A woman sits on a park bench surrounded by the concrete giants of looming buildings and antiseptic structures overhanging and overshadowing all but the remnants of nature’s detritus, with the cooing pigeons that bob their heads back and forth as they meander about in the contrast between reality and poetry.

And she has a book in her hands.  It is a book of poetry.  Who the author is; what the verses metaphorically narrate; how the images impact the quiet reader; these are not so important as the oxymoron of life’s misgivings:  A city; the overwhelming coercion of modernity’s dominance and encroachment into nature’s receding and dying reserve; and what we hang on to is a book of poetry that reminds us that beauty is now relegated to printed pages of verses that attempt to remind of beauty now forever lost.

No, let us not romanticize the allegory of a past life never existent, such as Rousseau’s “state of nature” where man in a skimpy loincloth walks about communing with nature’s resolve; instead, the reality that man has lost any connection to his surroundings, and is now lost forever in the virtual world of smartphones, computers, Facebook, Instagram, Twitter and Texting.

The tactile experiences of our individual encounters with the objective world is now merely the touch of a screen, and feel of glass, metal and plastic, and the pigeons we feed with such joy and excitement from park-benches manufactured with recycled materials so that we can “feel good” about the environment that we have abandoned.  And so we are left with the reality of our lives, and the poetry that we always try and bring into it, if not merely to remind us that there is more to it all than work, weekends and fleeting thoughts of wayward moments.

For Federal employees and U.S. Postal workers who suffer from an additional reality – of a medical condition that impacts his or her life in significant ways – the third component is not a mere irrelevancy that complicates, but often becomes the focal point of joining both reality and poetry.  Medical conditions have the disturbing element of reminding us of priorities in life.  Reality, as we often experience it, is to merely live, make a living, survive and continue in the repetitive monotony of somehow reaching the proverbial “end” – retirement, nursing home, sickness and death.

Poetry is what allows for the suffering of reality to be manageable and somehow tolerable; it is not just a verse in a book or a line that rhymes, but the enjoyment of moments with loved ones and those times when everything else becomes “worthwhile” because of it.  But then, there is the complication of a medical condition – that which jolts us into wakefulness of a reality that makes it painful and unacceptable.  What is the road forth?

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition now makes even work at the Federal agency or Postal facility intolerable, preparing an effective Federal Disability Retirement application is at least a path to be considered.  It is a long, arduous and difficult road that must wind its way through the U.S. Office or Personnel Management, but the choices are limited, and surely, you never want to abandon the poetry of life, and be left with only the reality of the medical condition?

Sincerely,

Robert R. McGill, Esquire