OPM Disability Retirement: Unique Circumstances

They arise when the isolation becomes all the more magnified; and they close upon you and make you believe that you are alone in the world.  Each circumstance, by definition, is a unique one: Unique because all previous such circumstances never involved you; unique because the time and place never encompassed you; unique because it has happened to you, as opposed to someone else.

When a medical condition is involved, you somehow know that others have also suffered from similarly illnesses, disabilities or diseases (unless it is the Corona Virus — which, again, is not so much “unique” as it is a different strain from other viruses which has infected the greater universe), and yet the isolation it imposes, the sense of “separateness” it necessitates, makes it profoundly unique.

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, just remember that —yes, your condition is unique; but that no, the process of filing for Federal Disability Retirement benefits under FERS is not unique to your particular circumstances; rather, it needs the guidance and advice of a Federal Disability Lawyer who is experienced in taking your unique circumstances and applying it to the complex administrative process of obtain a Federal Disability Retirement.

Consult with an attorney who specializes in Federal Disability Retirement Law, and begin to conform your unique circumstances to the particularity of Federal Disability Retirement Law that governs the unique circumstances and turns it into an ordinary annuity to protect your important future.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employees with Disabilities: The History of Our Lives

Few of use consider the history of our lives — its place, relevance, context and significance.  There are those who are historical beings — of politicians; those involved in major crimes; a singular, spectacular event; or of a blip in history which may deserve a footnote in a biography or narrative which is soon forgotten upon becoming delisted from the New York Times Bestseller columns.

Whether of an integral paragraph or a side note, we have a place in the minds of relatives, friends, some acquaintances and even, sometimes, strangers we encounter but forget.  In a self-centered society like ours, many more have puffed themselves up to such an extent that they actually worry about their “legacy” — of what some will say about them after they are departed and what will they think when all is said and done?

The history of our lives is a complex one — told at dinner tables, at Thanksgiving and other gatherings where conversations begin and taper off, tidbits of questions and answers begin and falter — “What ever happened to Uncle X?”  “Do you remember the time when…?”  And then, of course, there is the haunting memory of one’s self about one’s self, and the fear of mortality combined with a desire to be remembered.  Perhaps it is memory alone which allows for the eternal; and so long as there are those who remain who recall a vestige of a life mostly forgotten, we continue to live on in our own misbegotten sense of immortality.

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 or career, the history of one’s life must often be narrated in response to SF 3112A, Applicant’s Statement of Disability.  How much of one’s life must be revealed; to what extent; of what details and how far back — these will sometimes play a crucial role in determining the validity, viability and efficacy of a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.

Consult with a Federal Disability Attorney who specializes in FERS Disability Retirement Law and discuss the viability of a Federal Disability Retirement application, including the history of lives which otherwise are left to the unmarked tombstones overgrown with wildflowers left unattended.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Suffering

It is something that cannot be avoided; it is part of life, of living, of engaging.  The history of it existence is palpable; the tactile images throughout can be experienced in images painted and words described; and the various religions embrace it – some as a foundation that allows for forgiveness to alleviate that felt by others; many, as a foundation to explain it away; and still others, to train a disciplined life in order to avoid it, or at least to contain it.

Whether by meditation or medication; through enduring or embracing; or perhaps even by enjoying some form of it in a masochistic manner; it is there because the body, mind and soul are sensitized in the evolutionary process of advancement to remain heightened for survival’s sake.

Suffering is part of living; without it, we imagine that life would be a constant cauldron of endless merriment, when in fact its absence would spell the very definition of misery and decay.

Throughout history, sickness, death and suffering encapsulated an apt description of life, whether human or otherwise.  Thus did Thomas Hobbes admonish the world in his seminal work, Leviathan, where the famous passage describes the natural state all human beings find themselves in until the rescue by political community or social contract, that the life of man is “solitary, poor, nasty, brutish and short.”

But whether by social contract elevating the aggregation of humans into defensive communities envisioning civilization and cultivation beyond the penury of life’s misgivings, or some utopian belief that can result in avoidance of that which is inherent to us all, the fact is that suffering can at best be contained and limited, but never extinguished or eradicated.  Life famine, viruses, cats, weeds, moles, droughts and diseases – we can inoculate against and quarantine as best we can, but they keep coming back and rearing their heads up even after exhausting their nine lives and filling in the holes they have dug.

Suffering is, in the end, that which is there for a purpose – of allowing for feelings; of contrasting the opposite of ecstasy and joy, without which there would be no comprehension nor appreciation, as “being” cannot be understood without its flip-side, “nothingness”.  Thus, the question must always come down to:  Not “whether” it must be, but to what “extent” it needs be.

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 positional duties, it may well be that you have reached a pinnacle point of suffering such that preparing, formulating and filing an effective Federal Disability Retirement application, submitted to the U.S. Office of Personnel Management, becomes a necessity.

Every Federal or Postal employee, whether under FERS, CSRS or CSRS Offset, must make the “right” decision for him or her self, as to the timing, the substantive event and the future securitization for livelihood’s sake.  It is, in the end, suffering itself and the medical condition that overwhelms, that often determines such a course of action, and that is a very personal decision that each individual must decide in the most appropriate of circumstances.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement Benefits: The incoherent narrative

The squirrel jumped into the rabbit hole.  Then, the floods came, and Noah didn’t like the color of his shoes because they matched the starboard and not the bow, and when the rudderless drift occurred, then did the turtle finally come out from the squirrel’s nest, high atop the water’s edge. The medical conditions caused a lot of stress, and if it wasn’t for the Supervisor who constantly harasses me, I wouldn’t have filed a complaint against him, but the doctors never said I couldn’t work except when the heart attack occurred and Bessie my dog ran across the street and got hit by a car.

It is, ultimately, more than just a sequence of lettering; greater than the combination of consonants and vowels in logical arrangement; indeed, the language of the narrative must form a coherent whole.  Can a jumble of words provide the requisite narrative in order to meet the legal criteria in filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management?

Must the “Statement of Disability” as reflected on Standard Form 3112A provide a sequence of information such that it:  identifies the medical conditions suffered; informs the OPM administrative specialist of the nexus between the medical condition and the positional duties of one’s officially-slotted job; and meets and addresses, whether explicitly or implicitly, the burden of proof in showing by a preponderance of the evidence that the Federal or Postal employee is eligible and entitled to Federal Disability Retirement benefits?

To all three questions, the answer is in the affirmative.  For, preparing and formulating a Federal Disability Retirement application, submitted through one’s agency (if the Federal or Postal employee is still employed with the Federal agency or the U.S. Postal Service or, if separated from service, not more than 31 days since the date of separation) and then to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is not merely stringing together a series of words, phrases, concepts and factual truisms; and it is often the incoherent narrative which not only fails to meet the legal burden of proof in a Federal Disability Retirement claim, but further, is harmed by providing too much information, whether intentionally or not.

The predetermined defeat of a Federal Disability Retirement application is not necessarily denied because of the substantive incoherence of one’s statement of disability; rather, more often than not, it is the unintended divulgence of information neither necessary nor true, which often provides the fodder for the fox to further the stealth of his slyness.

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

 

Federal Disability Retirement under: Duplicative Duplicity

We can lie to others; others can deceive us; one can persuade oneself of a falsehood in order to live a deception; and we may even be able to persuade others, despite knowing the truth, to tell a lie and come to believe it in order to create an atmosphere of believability for third parties to concede.  The capacity for human nature to construct walls of deception, and double-walls of duplicity, is fathomless and without competition.

Everywhere else in the animal kingdom, the stark reality of the innate essence for survival prompts and compels in order to meet the day’s needs and arrive at the horizon’s end so as to lay one’s head upon a pillow of restive sleep; but not for man.  It is not just that we can ignore and set aside; we can repress and play-act, and convince others of the finery of the emperor’s clothes.

We can engage in sympathetic acts of criminal endeavors, join the Symbionese Liberation Army and claim the Stockholm Syndrome as a defense against our prosecutors, and live life within the parameters of the lie told and the deception accepted.  But then, one day, an obstacle is encountered.  Reality tends to slap one in the face, flush where the pain will not go away.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition necessitates contemplating 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 revelation of duplicative duplicity normally arrives when the pain and purview of one’s medical condition exponentially exceeds the spectrum of tolerance for continuation beyond overwhelming turmoil.

When life becomes unbearable, we tend to act.

Only in the antiseptic universe outside of the general laws of Darwinian behavior can we survive beyond our own making of deceptive parallel universes.  But our bodies tell of truths; our instinct, the need to act; and despite expanding our natural arc of flight by duplicative duplicities, the flickering depths of our animal essence can never truly be extinguished.

Sincerely,

Robert R. McGill, Esquire