Federal & Postal Disability Retirement: Inconsistency and specificity

The two legal standards dominant in a Federal Disability Retirement case must often be alternatively applied depending upon the nature of the positional duties involved.  It may be appropriate to speak in terms of “functional capacities” and specified duty restrictions when it comes to physical work that involves descriptive mechanical work — i.e., being able to lift a certain amount (for most Postal employees, up to 70 pounds); bend, lift, stand repetitively throughout the day; or even in climbing ladders, remaining balanced while working on a scaffold; utilizing power tools, etc.

For more cognitive-intensive, focus-driven administrative/executive positions that require sustained and sedentary periods of consistent application, the more generalized standard as pronounced in Henderson v. OPM may be better argued — one of inconsistency and incompatibility between the job duties as a whole because of the cognitive dysfunctioning that results from the high distractibility of pain, lethargy from Major Depressive Disorder or paralyzing panic attacks from Generalized Anxiety Disorder, etc.

Or, take the work engaged by an Air Traffic Control Specialist — there is an admixture of the “inconsistency standard” as well as “specific” elements where sustained focus and concentration is reliant upon the safety and lives of hundreds, if not thousands, of people.

The two legal standards in a Federal Disability Retirement case are not mutually exclusive, and they need not be argued so before the U.S. Office of Personnel Management and beyond, at the U.S. Merit Systems Protection Board (M.S.P.B.).

Medical conditions need to be described in a “nexus-form” to the positional demands of a Federal or Postal job, for ultimately that is what a Federal or Postal employee who is filing for Federal Disability Retirement benefits is retiring from — a position description, and not necessarily the actual job that one is working at.

The medical condition that the Federal or Postal employee is suffering from may both be inconsistent and possess descriptive specificity which require restrictions; and, conversely, it may be that certain elements of one’s Federal or Postal position description may require restrictions, leading to the conclusion that the position as a whole is inconsistent with the suffered medical conditions precisely because of the specific, 1-to-1 ratio of “essential element” to “identified medical condition.”

Thus can both standards be argued and used as a sword against OPM”s argument that “specific elements” need to be shown in each and every case, which is simply NOT the case.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for Federal Disability Retirement Claims: The image we hold

What picture do we carry?  No, not in one’s pocket or wallet, but in the eye of one’s mind.  Is it one that has been frozen in time; an imprint from a bygone era, a specific day in one’s past where childhood memories once floated upon a cloud of dreams and wishes?  Or, is it of more recent vintage – wrapped in layers of cynicism and denied opportunities, huddled in a corner where bitterness, wrongs and outrages of blames and byproducts of what others have “done” have emasculated and left that image we hold with disdain and dank disgust?

Where we are in life, at what stage we find ourselves; often, how we act and engage the world depends upon the image we hold of ourselves.  It is, after all, the one person whom we have no idea about.

Oh, yes, we try and fool ourselves by claiming to know ourselves better than any other, and we do this because we are the only ones who have access to that “inner” soul that speaks soliloquys and bitter asides when we believe no one else is listening.  But that is merely a subjective understanding of a subject that lives in the world of pure subjectivity; it is not, after all, an “objective” perspective and assessment of who we are.  For that, we must turn a dispassionate eye in reverse-form upon the image we hold of ourselves.

In the end, are we anything more than the aggregate of a language we have learned, and the very usage of the language we have acquired, the sense-impressions we have encountered and the image we hold – is it any more or less than what others have of ourselves?

That is why, in preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, it is important to have a greater sense of who we are when we write that “Statement of Disability” on SF 3112A.  For, SF 3112A requests certain and specific information about one’s self, the nexus between one’s medical condition and the impact upon one’s positional capabilities and essential elements of one’s job.

But the narrative we write should have a certain sense of objectivity about it, precisely because it is going to be some “other” person who will be reading it, assessing it and evaluating the sincerity and persuasive impact of the delineated discourse.

From that perspective, the image we hold of ourselves can be an impediment, precisely because it may not be an objective viewpoint, but one wrapped in the perspective of pain, turmoil, anger and despair, which is understandable, taking the medical condition into account.  Perhaps, an advocate who has a more “objective” perspective – like a lawyer who is well versed in Federal Disability Retirement law — might be of some assistance in the process.  Just a thought.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: Epochal Dawns

There are those momentous events in life which we mark and memorialize; and, in the end, whether the cumulative bag of goodies amounts to a positive aggregate, or a negation of sorrows, we determine in the quietude of private thoughts.  Avoidance of future uncertainty is a talent wrought only by humans; for animals of other species, they cannot afford such luxuries, as survival in the here and now constitutes reality of future causality.

For us, there is today; tomorrow will take care of itself within the constructs of fear, angst and uncertainty; and as Heidegger would have it, the projects we savor are the ones which delay thoughts of tomorrow, death, and the certainty of extinction.

What are those epochal dawns?  For Federal employees and U.S. Postal Workers, whether under FERS, CSRS or CSRS Offset, it can include the advent of a medical condition.  In the beginning, in retrospect, perhaps it was of minor consequence; left as merely an afterthought, a nagging pain, or perhaps a singular moment of sudden urgency.  But the chronicity of life often parallels the longevity of a condition, and what was once a mere quibble may have turned into that momentous event.

Medical conditions belong in the bag of goodies set aside as “negatives”; and it may well lead to the necessity of considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Avoidance of the issue will not switch the bag of goodies from the negative to the positive; but once that decision is made to file an effective Federal Disability Retirement application, it is up to each Federal and Postal employee to determine whether the future course of events — that “hereafter” and “post-disability retirement life” — will mean that there is yet a future of positives, and not merely a reverberation of past negatives.

And what of that “epochal dawn”?  It remains so only if the event itself stays in a motionless rut of stagnation, like those old films of a dying carcass stuck in the mud of a scorching desert sky, where the vultures of a future abyss fly above, waiting for their pick of tenderloin.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Law: How Does One Know the Age?

It cannot be by counting wrinkles, or the number of gray hairs; for, some people never develop them, and in any event, new methodologies of plastic surgery, hair dyes and other cosmetic creativities can easily override such superficial eruptions of telltale signs.  Photographs can no longer be evidence of aging, for airbrushing and digital modifications can dispense with such irritating characteristics.

But when there is a personal encounter, how can one judge, and fairly and accurately assess?  Is it the eyes?  That “window to one’s soul” — does it reveal a depth of depravity over time, such that the hollowness revealed in innocence at an early age is replaced by a coldness and cynicism of reflective hurts?  And of the greater age — of this epoch, the generation and historicity of time; how does one know it, too?  Older generations tend to cling to the past, and it is through that prism of past time that the present is viewed, the future foreseen; but does such a perspective differ from those who are young and never experienced the discomfort of lack? And medical conditions and their impact upon one’s ability and capacity to continue a career — how does one know?  The subtlety of warnings can be non-decipherable when asked to describe in words.

For the Federal employee and the U.S. Postal worker who suffers from a medical condition, it is fairly early on that one has a sense of where one’s career will be going.  Doctors can talk about surgical intervention and medical regimens and their supposed efficacy in treating a condition; but in the end, the Federal or Postal employee who experiences the medical condition itself, knows in one’s proverbial “heart of hearts” whether the Federal or Postal employee will be able to continue in one’s career.

Preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, is a process which is daunting, and thereby delay of diligence is often a factor which is merely engaged despite having known for some time.  It is like guessing the age — whether of another person, or of the historicity of being a stranger in a strange land — it is the subtlety of telltale signs which reveals the future course of an already-determined process of inevitability.  And like aging itself, the fight we pretend to engage is merely an act of futility, and we know it; we just don’t want to look in the mirror and face it, lest those lines of time show us who we are, what we did, and where we are going.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney: Incremental Destruction

It is the slow, destructive force of incrementalism which presents the greater danger in life.  Most people can respond to a full-blown crisis; those are events where the human chemistry of adrenaline flow and reactive thoughtlessness results in heroic acts as told in epic narratives.  But what of the slow and deliberate acts of daily sniping?  How well do we respond, and in civil discourse where physical challenge to such cowardly encounters is no longer acceptable, what does one do?

For the Federal employee and the U.S. Postal worker who must contend daily with supervisors, co-workers, managers, etc., in the deliberative incrementalism of destructive criticism, heightened hostility, and the slow churning of pressure by the drip-drip method of administrative sanctions, actions and reprimands, the cost of remaining in an atmosphere of toxicity is high, indeed.

When the medical condition begins to impact the capacity and ability to perform one or more of the essential elements of one’s positional duties, the Federal agency and the U.S. Postal Service engages in a fairly routine manner of acting — of ostracizing, impeding and obstructing.

One would think that, with all of the laws and public awareness concerning disability discrimination, that society — and especially the Federal sector — would be sensitive in the treatment of Federal and Postal employees who suffer from a medical condition; but, alas, civilization rarely progresses in response to genteel laws reflecting intellectual advancement; rather, they remain within the constraints of the origin of one’s species (hint:  the reference is to the Darwinian paradigm of evolutionary determinism).

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, is often the best choice remaining for Federal or Postal workers who must contend with the incrementalism of sure destruction.  For, in the end, one must always reflect upon the priority of values — of health, continuation in a toxic environment, and whether it is worth it in the end.

It may be years before the adverse effects surface, or mere months; but that is the legend of the age-old torture methods which are most effective; the ones who administer the pain have all the time in the world; it is the victim who must live with the consequences.

Sincerely,

Robert R. McGill, Esquire

 

The Devaluation of the Federal Employee with Disabilities

Countries engage it deliberately with its currencies; economic circumstances force it based upon fluctuating market volatility; and the basic principles in capitalism of supply and demand will often expect it.

Currencies are never stable indexes despite the best attempts by countries to manage and control their economies; the fact is, in this interconnected world of global economic entanglement, devaluation of worth can occur overnight, just after the soft breathing of nightfall overtakes, but before the dawn of first light when the halls of stock markets in faraway colonnades lined in symmetrical facades open their doors for the business of commodity markets.

Fortunes can be made, and lost, overnight; but the devaluation of that which implicates worth, can just as easily fall upon the human soul.  Medical conditions tend to do that.  We exchange, trade, value and appraise based upon a commodity’s supply, demand, desire and greed of want; but when it comes to human beings, though we deny such callous approaches, the encounter with such baseness still prevails.

For the Federal employee or the U.S. Postal worker, facing devaluation is nothing out of the ordinary when a medical condition hits.  Once the Federal or Postal worker suffers from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s positional duties, the avenue of choices becomes starkly clear:  One can try to hang on; one can walk away with nothing to show for those many years of dedicated and loyal service; or one can file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset.

It is the last of the tripartite alternatives which is the best option, and one which can secure a future for the Federal or Postal employee.  For, ultimately, the whole point of devaluation in paradigms of economic theory, is to stabilize the currency for future years; it is the experience of short-term suffering to attain long-term calm.  Economics is merely a microcosmic reflection of a macro-global perspective, and application of parallel principles are relevant to situations which might otherwise appear foreign.

Federal agencies and the U.S. Postal Service engage in devaluation, just as governments do, when the worth of the Federal employee or the U.S. Postal worker is seen in terms of productivity for the moment, and not for the long-term benefit gained for the future.

We live in a world of short selling trades; everything is seen for the immediacy of gain; but fortunately for the Federal or Postal worker who must contend with the attitude and approach of a Federal agency or the U.S. Postal Service in viewing the devaluation of the worker based upon productivity, the option of filing for Federal Disability Retirement benefits through OPM is one which is available, attractive, and allowable for those who are eligible to prepare, formulate and file for the benefit.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Medical Retirement through the OPM: Altered States

When once the tide of change was welcome, where youth allowed for upheavals and malleability; replaced by age, leading to a staid and stable of stability, how repetition constitutes peace, an unadventurous respect for quietude.  But is not inertness the precursor of death?  Altered states and changed circumstances tend to be easily adapted to when one is younger; but as age seeks the sedate, so the vicissitudes of life and what they portend creates a havoc and turmoil of turbulence where the seeking of quietude becomes an end in and of itself.

That is why weekends are guarded with such ferocious aptitudes; and how Mondays invite the blues of depression and despair.  Medical conditions tend to equalize life’s loss of balance; for, as a condition of existence, the debilitating nature they impose, the chronic pain, the loss of mental acuity and disequilibrium of mind, body and soul; suddenly, whether a weekend or a week day, it is a matter of degrees within an altered state of existence.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal Worker is under FERS, CSRS or CSRS Offset, is an option which the Federal or Postal employee should seriously consider when once the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s positional duties in the Federal or Postal job.

For, it is within the context of a busy and tumultuous life, when the Federal or Postal employee must accept the altered state of existence where a medical condition begins to disrupt the continuity of productivity; the altered state itself must be changed; and the change is often the need to leave the Federal workforce, but with an income and annuity sufficient to provide a stable economic circumstance, and where health insurance can be retained for the foreseeable future in order to continue to receive the medical treatment necessary.

Federal OPM Disability Retirement may not be the perfect solution for every complex circumstance, but it is an option which provides for future choices to be left open, for opportunities remaining yet to be met, and for a positive altered state to be embraced where a negation of stability is encountered within the deep chasm of a medical condition which has caused a disequilibrium of life’s unexpected vicissitudes.

Sincerely,

Robert R. McGill, Esquire