Tag Archives: opm and removal due to absences for medical reasons

FERS Disability Retirement Benefits: Nothing New Under the Sun

Nothing is ever new under the sun; it is only from the perspective of the new that “newness” is perceived.  Thus, if you live long enough, you will witness the identical political issues come around, the same problems crop up, and parallel arguments made.

History has an innate cycle; it is merely our memories which fail to recognize the repetition.  Sometimes, of course, the old metaphor of something being dressed up in wolves’ clothing is also appropriate — meaning, merely, that the issue itself is an old one; it has merely changed its appearance in order to make it look new.

From the newborn’s perspective, of course, everything is new, fresh and pure — well, maybe not pure, if you count the dilapidated buildings, bridges and abandoned ballrooms.  To the newly initiated, the term “new” merely means that it has not previously been encountered; no memory of it exists; and the newness is based upon the premise that it has not been experienced until now.

Nevertheless, despite the protestations by the newly initiated that it is “new” to them, the plain fact is that there really is nothing new under the sun.

Why do we use the term, “under the sun”?  Because it describes the parameters of our phenomenological experience — of this universe and this planet.  Even the recent video footage from the drone helicopter showing us the “new” terrain on Mars is not really “new”; it’s been there for centuries.

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 medical condition itself is clearly something “new”.  Filing for Federal Disability Retirement benefits through OPM will be a new experience.

What you want to do, however, is to consult with a Federal Disability Attorney whose experience and knowledge will show that even that experience is nothing new under the sun; otherwise, you might end up being guided by someone who doesn’t really know what he or she is talking about.

Sincerely,

Robert R. McGill, Lawyer

 

FERS Disability Retirement for Federal & Postal Employees: Traps

We set them in order to get rid of those undesirable creatures which scurry about in the middle of the night.  There are, of course, multiple and different kinds of traps — of the ones which snap loudly in the darkness of deep quietude and which are difficult to “set” because — every time you put it along the baseboard — the sensitive nature of the “catch” sets it off.

There are, of course, those “humane” ones — the ones which do not kill but mere captures the creature with the mechanism of a trap door.  What you do with the creature is up to you — but most suspect that when you let it go down the sewer drain just down the road, it quickly makes its way back to your home (often before you yourself are back in the front door declaring, “Honey, I got rid to it!”).

Then, of course, there are the large “traps” — for possums, squirrels and other rodent-like creatures which have created a nuisance of themselves in suburban neighborhoods which no longer tolerate the encroachment of nature.  But enough of such rodent-focused traps.

There are other kinds of traps — traps set by the U.S. Office of Personnel Management, in preparing, formulating and filing an effective Federal Disability Retirement application under FERS.  Just look at the innocuous-looking questions posited on SF 3112A, Applicant’s Statement of Disability.  In the end, it is the traps which cannot easily be seen, or the ones which seem attractively safe, which catches you.

Contact a FERS Disability Retirement Lawyer who specializes in Federal Disability Retirement Law, and prepare your Federal Disability Retirement application while avoiding those traps which invitingly are set for your naive notions of the process.

Sincerely,

Robert R. McGill, Esquire

 

FERS Employee Disability Retirement: The Legacy of Achievement

We all dream of having contributed to society in greater or lesser ways.  Whether individual achievements are enough, where private satisfaction is gained through a restricted circle of those “in the know”, is doubtful; and even of leaving a name behind on a building, a statue or a commemorative stamp — what difference does it ultimately make, the cynic would wonder aloud?

When we pass by a building with a nameplate in one of the bricks or chiseled into the mortar, do we even acknowledge it, let alone recognize who that person was or what contribution he or she had made to the world?  Do we stand and Google the name and ooh-and-ah at the achievements bestowed?  Or of a statute with the proverbial fountain spewing daily freshness of recycled water, of perhaps a general who had once-upon-a-time led a charge and captured or killed a great opposing force — is that what we consider an achievement worthy of a bronze emblem?

And how about the more subtle legacy, of leaving imprints and personality traits, whether positive or negative, in one’s children or grandchildren?  “Oh, he is just like his father!”  “She reminds me of her mother.”  Or of those quiet achievements by challenged individuals daily around the world; we know not what effort it took, but for the person making the effort in the silence of his or her private suffering.

Achievement is a funny animal; it is ultimately a feeling; otherwise, why would we build statues to declare it to the world if we truly believed in the legacy entombed?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows the Federal or Postal employee to perform all of the essential elements of one’s Federal or Postal job, perhaps the achievements one had hoped for in one’s career are no longer achievable, and thus the “legacy” of achievement is no longer possible.

In that event, the Federal or Postal worker needs to reconsider the values once sought, and to re-prioritize the goals pursued.  Perhaps “health” was not part of the original list, but should be; and that is where an effective preparation of a Federal Disability Retirement application comes into play: One’s career was never the legacy to achieve; it was merely down on the list of priorities to be sought, where one’s health and well-being should have been higher on the list to begin with.

Sincerely,

Robert R. McGill
FERS Disability Lawyer

 

Filing for OPM Disability Retirement: Palatable possibilities

We often hear of that which is “possible”, then immediately pause to consider the probabilities of such declared possibilities.  For, isn’t it possible that there are martians on the far side of the moon, or that we all live in a dream, dreamt by the fragile whisperings of a butterfly, or that everything that we see, hear and experience is just nothing more than pure bosh, and Bertrand Russell was quite right after all, that our rumblings of metaphysical yearnings were merely a result of a stomach virus that needed an antacid to cure?

At what point are possibilities presented no longer palatable, and where are the limits of our imaginations such that reality clashes with fantasy and the medium between the two becomes so stretched that we cannot fathom their practical effects?  Have we come to a point now where supermarket tabloids are just as believable as mainline newspapers that cross the thresholds between truth and opinion?  Is virtual reality just as pleasurable as “real” reality, and does the realness of reality depend merely upon one’s perspective and opinion and how we view things?

Then, of course, there is the reality of a medical condition, and everything comes crashing down into a singular reality: mortality and health tend to bring us “back to the basics”.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, what possibilities are palatable; whether possibilities presented are meaningful; it all comes down to the pragmatic choices from three: Stay, walk away or file 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 real possibilities in life are generally quite simple; it is the luxury of the healthy to entertain the greater expanse of palatable possibilities, but for the Federal or Postal employee who is faced with a chronic and progressively debilitating medical condition, the choices are stark and limited.  It is within those limitations that the palatable possibilities must be carefully chosen, and such course of actions to be chosen should be advised and guided by a consultation with an attorney who specializes in OPM Disability Retirement, lest the palatable possibilities turn out to be an unpalatable probability chosen out of a mistaken belief in the existence of palatable possibilities.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Pension: In between preparations for vanishing

The Biblical reference is where John the Baptist declared that his role in the historical narrative would naturally diminish by relevance in order for the primary character to loom large upon a world in need of a coming Savior.  Each of us strive daily to accomplish, achieve and advance (ah, the 3 “A’s” might be the title of the next New York Times Bestseller on the mass marketing list of self-help books); that is the natural inclination from birth to death – or, at the very least, until one has expended and exhausted the reservoir of stamina each retains for the daily battle of life itself.

What we fail to recognize is that, as another book of wisdom in an age prior to the declaration of a coming earthquake that would split the earth and crack the old barrels of fermenting wine (figuratively stated) pointed out, there is a time, a season and the proper context when certain acts should be considered (paraphrasing here), and prominent among them the capacity to recognize the appropriate time to begin paring back, preparing to recede and allow for the next generation to take its successive position of assertive presence.

Do we embrace the in between preparations for vanishing, or do we fight against it because that is what we have done all throughout our lives?

It is important, for instance, to apply the principle of eventual vanishing when one becomes a parent, in order to foster the self-confidence of a son or daughter; to slowly, incrementally and seemingly naturally allow for the opinions and views of the younger ones to grow in stature, relevance and significance, such that when adulthood is reached, the lowering of the parent’s perspective becomes equal to the rising of the child’s self-image.

At that point, when the balance between childhood and esteem for one’s parents meets in the middle upon a spectrum of wide variance, parent and child can become co-equals of a sort, and “friends” as much as a parent and child can be.  In order to achieve that goal, however, it is necessary to engage in “in between” preparations for vanishing – not to totally obliterate the relevance of one’s historical accomplishments, but to incrementally diminish in magnification and presence.

Fighting against the need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is often based upon the lack of recognition that in between preparations for vanishing is a natural and necessary part, at a certain stage in life, during a particular season of one’s career, and when the time necessitates.  Yes, the Federal career and the Postal work provided a sense of identity and granted a purpose, focus and compelling force during the productive career – but now, the season has changed, the context has altered and the time has ripened in another direction.

It is time to engage the in between preparations for vanishing – not to totally disappear, but to diminish, such that when a Federal Disability Retirement is attained, the next stage of one’s life can be opened for that which we term the greater adventure of life.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Separation & Retirement: Of self-expression in society

There exists a proportionate correlation if charted on a graph, between the rise of a need for greater self-expression and the alienation from the individual from a sense of belonging and community.  The human animal has an inner need for acceptance and comity within the context of societal cohesion, and this is no different from other species and their behavioral patterns, excepting the “lone wolf” characteristics where mating or predatory consummation represents the only points of contact.

The lines of the hypothetical graph would intersect somewhere at the level where the individual believes that personal identity has been lost and subsumed from a community detached and uncaring; notice, identity and self-worth are bundled together in an almost inextricable complexity within the human psyche, and that proverbial and pervasive “inner cry for help” becomes exponentially magnified when that alienation intensifies.

Focus upon a collective “self” by a society encumbered with economic woes, infringement upon base survival instincts, and a growing sense that reliance upon one another is no longer believable, leads to the downward spiral of the line which represents societal comity, where the trajectory suddenly drops precipitously in a straight, vertical manner.

Yet, the other line — the one which represents self-expression and a silenced cry for urgency of warmth and responsiveness, continues upward in a more gradual trend, with short and sudden spikes here and there, but still reflective of a desire to pull back, to harken with a perspective of the rear-view mirror, wanting and willing always to open one’s arms and embrace the roots of that tribal nature from whence we all originated.

But we are becoming more and more calloused; the time wasted, the ascending alienation as first reported by Camus and the French existentialists after the ashes of the Phoenix failed to rise from the funeral pyre of the war-torn devastation of Europe and the consequential bifurcation of nations within the greater context of a potential addendum holocaust involving nuclear weapons, and the subsequent inertia developed through wealth and artificial products which were marketed by means of media and mass distribution — from it all, discontent arose, the notion of life’s absurdity followed, and the greater need for self-expression formed.

Look at Facebook and the explosion of psychosis.  Look at the obsession with smart phones and the need to “update” one’s “profile”.  But always remember that self-expression must be contained, and appropriately conveyed.

For Federal employees and U.S. Postal workers who must, by necessity, file 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 vehicle of formulation in preparing an effective Federal Disability Retirement application, to be submitted to OPM, must have a certain restraint and self-limitation imposed.

Not every fact and fancy of opinion should be included in the Applicant’s Statement of Disability.

And, one must ask, how much of that self-expression exudes bravado and exaggeration?  And even after one has won one’s Federal Disability Retirement application, there may be a Medical Questionnaire which is issued by OPM, and if in the course of investigating further, there surfaces an indicia of some extreme form of activity such as bungee-jumping or similarly strenuous engagements which are “posted” for all viewers because of the need for “self-expression” — such a wanton cry for help may indeed come back to haunt.

Self-expression in a society replete with alienation and abandonment may, in the end, be all that we are left with; but for the Federal or Postal employee who wants to preserve and protect one’s Federal Disability Retirement annuity, it may be best to exert some semblance of self-control that is quickly diminishing and disappearing on the graph of the proverbial downward spiral.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Life’s Alterations

Spring comes and we clean out old hoardings, discard past articles once thought to be valuable and inseparable from our identity; or perhaps what pop culture has deemed a justifying course of decision-making because there is an inevitable “mid-life crisis“, or some other equally biologically-driven, primordial determinism which compels one to act in one way, as opposed to another.

Life’s alterations are often considered with no greater thought than having the local tailor shorten the seams, or tuck in the waist, like face-lifts and other procedures which attempt to beautify an otherwise insufferable soul.  But in the end, it is always the innocent ones who suffer; it is well that children possesses greater than indexes of fragile psyches; otherwise, the emergency rooms of hospitals across the country would be attending to them around the clock.  But with euphemisms and a can of fresh paint, we may still remain viable cores as stellar pillars in the community; it was a “friendly divorce”; the kids are “better off”; and other such platitudes to justify the devastation wrought.  But some alterations in the cycle of life cannot be attributed to fault; they are, indeed, brought about by fate, nature, will and the indifference of a mechanical universe.

Medical conditions tend to be in that category; they force alterations in life’s choices, without a deliberative involvement on the part of the participant.  For Federal employees and U.S. Postal workers who recognize that he or she 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 at the U.S. Postal Service or a Federal agency, it may be time to consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.  For, while the medical condition itself may indeed be a life-altering circumstance, it is what you do, how you react, and what affirmative steps you take, which will determine in the end whether you allow for the tumult of fate to rock and roll you without oars up the proverbial creek of life.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is a way to steady the unsteadiness, to steer where once you traveled directionless, and to secure a future where once uncertainty prevailed.  While the process itself is a long and arduous bureaucratic morass, the direction once taken allows for a compass to prevail, and a path to be taken.

Federal Disability Retirement is a benefit accorded and offered to all Federal and Postal employees with the minimum of 18 months of Federal Service, and should be considered if and when life’s alterations have determined that a change is necessary; and like the tailor who skillfully makes the suit or dress fit more eloquently upon a body forced into disquietude through years of untended gardening, so applying for a benefit to secure one’s future is merely to respond wisely to the unexpected vicissitudes of life’s offering.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Benefits: The Eyes Which Betray the Laughter

Plato noted the significance of the eyes; as windows of the soul, they reveal the depth of emotion, character, empathy, interest, boredom, meanness, etc.; and just as true, the lack thereof.  Laughter provides the concordance of mirth to context; cacophony occurs when the harmony between the two somehow fails to connect.

The pinnacle of sadness is represented when one looks upon an individual, hears the laughter, and sees the revelatory sadness deep within the eyes of the soul.  The discordant contrast takes us aback; it is perhaps the height of self-contradiction, where the parallel universes which are never supposed to transect, suddenly violate the very content of definition, and betray the consciousness of self-doubt.

What has transpired?  What tragedy has befallen?  It brings to mind the poignant story by Chekhov, entitled “Grief” (or otherwise translated as “Misery”), where the death of the son is magnified by the haunting question, “With whom shall I tell my grief?”  As the world he continues to encounter is filled with passengers who laugh and carry on with life, the father must continue within the disharmony of his own tragedy.

Medical conditions tend to do that to people; it remains silent, but for the sharing beyond the perfunctory response to the passing, “Hello, how are you?”  We are expected to say merely, “Fine, thank you,” and move on.  Federal employees and U.S. Postal workers know about the emotional disjunctive between the eyes and the emitting laughter.  When the sound of mirth and the sight of pain clash, it is probably time to make an exit by filing for Federal Disability Retirement benefits.

While often not the “best solution”, it allows for the Federal or Postal worker to leave one’s employment, secure a disability annuity, and seek a restoration of one’s health, in order to reinvigorate the soul behind the eyes of tragedy.

Filing for Federal Disability Retirement benefits, whether the Federal employee and U.S. Postal worker is under FERS, CSRS or CSRS Offset, is a long and arduous journey through a bureaucratic maze.  There is the process itself; the need to substantively put together and formulate an effective and persuasive disability retirement packet; and then the long wait before the U.S. Office of Personnel Management.

Every Federal and Postal employee must make the decision of when and how; but as to the “why” of the foundation, it is when the eyes begin to betray the laughter, that affirmative steps need to be taken to begin to prepare, formulate and file for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire
Federal Disability Retirement Lawyer