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

 

Attorney Representation for OPM Disability Claims: The facade

We all do it; but the fact that all engage in it does not mean that the quality of what occurs behind the mask is equal in kind.  What betrays the workings of that which lurks behind the Noh mask?  Does the backstabber ever recognize the evil that is perpetrated any more than the Wizard behind the curtain believed that something untoward was being accomplished?

In architecture, a facade is the outward appearance or frontage that represents the initial encounter, entrance or first impression when approaching or entering; it is a neutral term in that it doesn’t connote or denote anything beyond that which it is — the first impression of the outward appearance.  But when that same term is applied to human beings or other contexts, it takes on a secondary implication of doubt, motive, underlying processes or even evil intent that is deliberately being concealed for the nefarious winds that need cover.

We all wear them; some are more adept at maintaining it in order to conceal and veil; while others can only establish it for a short period, then confess to all that nothing beneath was meant to harm.

For Federal employees and U.S. Postal workers who carry a facade in order to conceal the medical condition that continues to debilitate, deteriorate and prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the strain upon one’s psyche can be enormous and trying.

Over time, the facade must by necessity begin to crumble, to fade, to unravel and reveal; it is the inevitability that is often so fatiguing.  When the critical point of intersection occurs — where the priority of the medical condition surpasses the need to maintain appearances — it may be time to consider preparing, formulating and filing an effective Federal Disability Retirement application, to be filed through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

At some point, we all have to become “real”, and the facade that hides the face of a building does so without concealing anything precisely because there is no “there” behind the face; but the human being that puts on the Noh mask cannot for long maintain the facade that conceals the human suffering within.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: The Initial Stage

There are multiple stages in a Federal Disability Retirement process.  The term “process” is used here, because it is too often the case that Federal employees and U.S. Postal workers who engage this administrative procedure, fail to realize that there are multiple potential stages to the entire endeavor.  That is a mistake that can come back to haunt.  One should prepare the initial stage “as if” – as if the Second, Reconsideration Stage of the process may need to be anticipated, and further, invoking the rights accorded through an appeal with the U.S. Merit Systems Protection Board.

Why?

Because that is how the Administrative Specialists at the U.S. Office of Personnel Management review each stage – and especially the initial stage of the process – by reviewing the weight of the evidence, conformity to the existing laws concerning Federal Disability Retirement, and considering whether or not an initial denial will involve much resistance at the Reconsideration and subsequent stages of the Administrative Process.

Every Federal Disability Retirement application put together by the Federal employee or U.S. Postal worker  and submitted through one’s own Human Resource Department of one’s Federal Agency or the H.R. Shared Services facility in Greensboro, North Carolina (where all Postal Federal Disability Retirement applications are submitted and processed), whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is considered “valid” and a “slam dunk” – precisely because the person preparing the Federal Disability Retirement application is the same person who daily experiences the medical condition itself.

How can OPM deny my claim?  I cannot do essential elements X, Y and Z, and the doctors who treat me clearly see that I am in constant pain, or that I am unable to do certain things, etc.

But the Federal or Postal employee preparing an effective Federal Disability Retirement application must understand that there is a difference between “having a medical condition” and proving to a separate agency – the U.S. Office of Personnel Management (an entity who will never know you, meet with you or otherwise recognize your existence except in relation to a case number assigned to every Federal Disability Retirement application submitted to Boyers, Pennsylvania) – that such a medical condition no longer allows you to perform all of the essential elements of your official position.

Preparing one’s case for the Initial Stage of the process is important in establishing the foundation for the entire process itself.  It is not merely a matter of “filling out forms”; it is a matter of proving, by a preponderance of the evidence, that one’s medical condition has a clear and unequivocal nexus to the capacity and ability to perform the essential elements of one’s job.

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 for Federal Employees: The Future of Now

Human beings have the unlimited capacity of projecting into the future, such that a present picture of what may occur some time hence can be visualized; but whether and how many bring the future to the fore, such that the present becomes encompassed into the reflective reality of current circumstances, is of an imaginative rendering few take the time to engage in.

By focusing upon the future as some ethereal fog somewhere in the distant netherworlds, we can justify the tendency to procrastinate and kick the proverbial can down the road; and, similarly, we can get lost and embroiled in the problems of the now and today, and groan with delicious consternation about the inhumanity and uncaring nature of the world.  But to meld and cross the lines of future and now by projecting forward, then bringing back, such that the future becomes the now in our enlivened universe of deadened souls, is to plan for a time hence in real time of current clockwork.  It is an exercise of the imagination which is necessary in order to better prepare both for today and for tomorrow.

For Federal employees and U.S. Postal Workers who suffer from a medical condition, such that the medical condition begins to impact and prevent the Federal or Postal worker from performing all of the essential elements of one’s positional duties, it is important to consider those matters not just in linear form, but as a reality of clashing values and systematic interludes of conflicting confidences.  Yes, you want to continue on, but does the current state of pain and debilitating medical conditions allow for such expectations?  Yes, what you decide today will impact your future in ways financial, medical and career-wise, but does delaying consideration now change such a projection of future events?

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is never an easy dictate of imaginative musings; but when the warning signs are emitted, both from one’s own body as well as from the harassing actions of one’s own agency and the U.S. Postal Service, the reality is that the future of now, and the now of one’s future, have coalesced into a moment of necessity where time stands still and the world is about to shift in directions beyond your control, unless you take those affirmative steps necessary to secure the benefits for a future uncertain at a date unknown.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement from Government Employment: The Beat of Life

Have you ever had a dream (or nightmare) where you are the only one out of sync?  Whether in a choir or perhaps playing an instrument, and everyone around stares with irritation or dismay, and no matter what efforts you expend, nothing seems to allow for a synchronization of movements, sounds or stylistic applications?

Or in other similar circumstances, whether in sports, dance, or other events requiring coordination of efforts and timing of actions, the personification of self reflects a complete lack of capacity to become a quiet pendulum of rhythmic beats.  And much of life is like that; there is a rhythm and a beat, and one day we wake up and everything seems out of sync, out of kilter, and no matter what we do, how hard we try, the beat of life seems to go on without us.

The phrase itself, “The beat of life”, of course, has a sense of double entendre; the first implying the rhythmic march of one’s existence, and the other denoting the thrashing inflicted through the existential encounters experienced daily.  Both, in either form, connote the consequences of the spectrum felt and the degree effectuated upon the soul of an individual.  Medical conditions tend to do that independently of any control we attempt to exert upon the environment surrounding us.  Control and our ability and capacity to determine one’s fate, is not confined or unique to the proverbial “Type-A” personality.

We all desire to be the master of our defined universe.  To lose control is to relinquish the beat and rhythm of life.   It is to be banished from the comity and security of the fiefdom we have ascribed and announced our liege to, and for which we have dedicated out lives.

For Federal employees and U.S. Postal workers, the discovery of a medical condition which impacts one’s ability and capacity to perform all of the essential elements of one’s positional duties, is tantamount to a moment in a dream when the beat of life begins and ends.  The old rhythmic consonance of mellifluous comity terminates, and the new and adversarial relationship, both against the medical condition itself and the Federal agency or the U.S. Postal Service which fails to accommodate and refuses to cooperate, must be endured and confronted.

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, must be considered, precisely because a new beat must be found, and the band which played the tunes before can no longer comprehend the stylistic differentiation which you have now experienced, like a religious awakening expanding beyond the horizon one may have expected at the beginning of the journey.

But whether one lives a life in a small town and never leaves the security of the neighborhood born, or one travels through and traverses the cultural divides of the world, the beat of life one carries is somewhat like the backpack of the pilgrim, and for the Federal and Postal worker who must move on to the next phase of life, preparing, formulating and filing for Federal Disability Retirement benefits with OPM becomes a necessary step to allow for the beat of life to continue, lest you allow life itself to beat you down.

Sincerely,

Robert R. McGill, Esquire