Medical Retirement under FERS & CSRS: Deviating and adapting

How does one deviate or adapt, if one is approaching something anew?

Such concepts as modifying or altering a methodology presumes that one has encountered the process before, and thus it stands to reason that a person who has never previously experienced something before can hardly be expected to provide new insights when the experience itself is new to the individual.  That is why we often refer to a person’s ability and capacity to “think on his or her feet” — meaning, to quickly encompass and adapt to new and fluid circumstances, despite a lack of familiarity with an onslaught of speedy changes.

Deviating, of course, can be a negative component, in that it may imply altering from a true-and-tested course of action, and unless one is certain of one’s confidence in a new path taken, there may ensue disastrous consequences when following a rebellious path that can lead to the unknown.  Many a trailblazer who knew not the way of the unbeaten path have perished by starvation or thirst.

On the other hand, we consider the capacity and ability of “adapting” to be a positive characteristic, in that it implies a characteristic of being able to respond to external circumstances that are changing, and requires a willingness to bend with the winds of change.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the dual concept of deviating and adapting comes to the fore precisely because of the need to change — both on the Agency/Postal Service’s side, as well as from the perspective of the Federal or Postal employee.

For the Federal Agency or the Postal Service, the issue of deviating and adapting comes about in terms of “accommodation” — for, it is necessary for the Federal Agency and the Postal Service, by force of law, to “deviate” from the former ways of behaving, and to “adapt” to the medical conditions and changes that the Federal or Postal employee is undergoing.

From the viewpoint of the Federal or Postal employee, deviating and adapting may encompass a wide range of issues in terms of accommodations — whether the situation and conditions posed are temporary or permanent by nature; whether the medical conditions suffered are able to be accommodated at all, either temporarily or permanently; and whether attendance is an issue; of how much SL must be taken; of FMLA issues and extensions of LWOP beyond, etc.

In the end, deviating and adapting from the “norm” may not be possible, in which case preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may become necessary.

For all Federal and Postal employees, what is important to remember is that suffering from a progressively deteriorating medical condition will require deviating and adapting, and that may include the need to have expert legal guidance by an attorney who has previously had the experience in preparing an effective Federal Disability Retirement application so that any and all deviations and adaptations can be initiated from the perspective of previous experience, and not as a trailblazer off of the beaten path where getting lost in the complexities of Federal Disability Retirement Laws can lead to disastrous results.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The retirement itch

It normally doesn’t come until late in life; of that picturesque paradigm of the old man sitting in a rocking chair beside a crackling fire, a dog or cat, perhaps, on the floor just beside, reading a novel or looking through a picture album; where is Norman Rockwell, and is he still relevant?

In modernity and more recently, the picture depicted is of the old couple, or in solitary state of affairs, climbing the mountains in the Himalayas or traveling to exotic lands beyond; for, the advertising agents have figured out that if old people sit around in rocking chairs, mutual funds merely sit idly in accounts without becoming subject to trading fees and other expenses, and it is best to alter the mindset for future sources of income rather than to allow for stagnation to determine the course of a past.

Is that too cynical a view to posit?  Of course, events outside of one’s control will often determine whether or not activity in old age can be embraced, or will a more placid, sedentary lifestyle consume one’s retirement?

The “retirement itch” is one that often comes late in life, after a lifetime of toil, strain, stresses and “dealing with” problems.  Is “retirement” a concept that developed only in the last and present centuries?  Did not most people just work and work and work until one “died in one’s boots” – the proverbial preference of most people who have been productive all of their lives?

Then, of course, a medical condition can cut short and impose an early retirement upon a person – and that is what Federal Disability Retirement allows for, 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.

It is that lack of a “retirement itch” that often makes the Federal or Postal employee pause; for, he or she is simply “not ready” to file for Federal Disability Retirement.

Yet, it is not any “retirement itch” or longing to rest and relax that leads one to consider filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  Rather, it is the recognition that there are more important things to prioritize in life besides one’s work and career – such as one’s health.

It may well be that you are too young to have any sense of a “retirement itch”; but that sensation may be lost forever unless you focus upon your health and well-being, such that you will live long enough to scratch that itch that tells you that tomorrow may yet bring a brighter hope for a future yet untold.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation Federal Disability Retirement: Life puzzles

Depending upon the accent or inflection, the phrase can take on differing meanings.  If stated in a monosyllabic intonation, it can be a quiet declaration that the entirety of life is comprised of multiple puzzles in an inert, non-participatory manner.  The other way of “saying it”, is to pause between the two words in dramatic form, or even put a question mark at the end of the phrase, making the second word into an active verb and the noun of “Life” into a projectile that deliberately confounds and obfuscates.

In either form, we all recognize the truth underlying the sentiment: from birth to the continuum of living daily the challenges and encounters, it is always a constant struggle to try and maintain a semblance of rationality in a universe that continually creates flux and mayhem.  That was the philosophical strain that was always taught between the contrasting foundations of Parmenides and Heraclitus; of the wholeness and unity of Being as opposed to the constant flux and change that the world imposes.

Life puzzles us in so many ways, and the life puzzles that confront us daily confound and confuse.  See the subtle difference between the two ways of using the phrase?  In the first, it is in an “active” form, invoked as a verb (transitive or intransitive), whereas in the second, it is used as a noun.  We can get caught up in the grammatical form and usage of words, and in the process, get lost in the theoretical issues surrounding words, concepts and thought-constructs surrounding so many endless and peripheral issues; but the point of recognizing such subtle differences in the language we use is precisely to avoid and deconstruct the confusions we create within the language we use and misuse.

In either form of usage, it is important to state clearly how and for what purpose we are engaging in a formulation of words, thoughts, concepts and narrations.  We all carry narratives within ourselves that we must be ready, willing and able to use in order to describe, explain and delineate.  Those subtle differences that words create must always be untangled.

For Federal employees and U.S. Postal workers who are considering 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 importance of being able to distinguish between subtle forms of language usage cannot be over-emphasized.  For, Standard Form 3112A, Applicant’s Statement of Disability, is in and of itself a life puzzle that puzzles even the clearest of puzzling lifetimes; it is, moreover, a legal conundrum and a language puzzle that must be carefully reviewed, discerned, untangled and responded to by first recognizing that life does indeed involve puzzles, and such life puzzles must be approached in a non-puzzling way.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: The work left undone

If life were merely a series of projects attended to, completed and accomplished with a declaration of unassailable certitude, like a period at the end of a sentence, the final paragraph of a novel, or silence upon a speaker’s conclusion; of a linear progression forever with movement on a horizontal graph; but it is not.

Instead, the circularity of life’s problems, of concerns regurgitated and revisited because unattended or otherwise reappearing, like the aunt who visits unannounced and the uncle exhaustively referred to as the “black sheep” of the family who appears at one’s doorstep with suitcase in hand; it is the boil behind the leg that keeps resurfacing, where the ill winds of unexpected vicissitudes keeping getting a second chance when redemption is unwanted and uncalled for, but nevertheless reappears for the salvation of one’s soul.

And, in some sense, it is a salvation, isn’t it?  For, if life were a series of work completed, never to be revisited but always working without need for repairs, we would realize the finite nature of the world and care not to attend to the past.  Instead, it is precisely the work left undone which compels us to keep plugging along, to rewrite the list by the items we crossed off and the ones we reordered; and it tells something about one, in the manner of how that list is reorganized.

Do the items yet remaining get full status at the top of the yellow pad in the new order of priorities, or does it remain again relegated to those unwanted and undesired categories, like the illegal immigrant somehow existing but forever ignored and unnoticed, without the full rights and privileges of the legitimized constructs arriving by arbitrary choice?  We were taught as children that the work left undone reflected a character flaw, but somehow, as we grew older, we realized that but for those things left asunder, the incompleteness of life would have no value, no meaning, and ultimately no reason to live for.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents him or her from performing all of the essential elements of one’s Federal or Postal job, the work left undone often presents a dilemma of sorts: the completion of one’s career becomes untenable; each day, one falls further and further behind; and of life’s lesson ingrained from childhood, that we should always finish the plate of food we are served, cannot be fulfilled, and so we ruminate and worry, fret and flounder in this farcical mythology of linear fiction.

For such Federal employees and U.S. Postal workers, preparing 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, is the best alternative and only real solution available.  For, what we were never told is that the work left undone is merely in the eye of the beholder, as beauty depends upon the perspective of the audience and worth upon the buyer who desires; and that the Westerner’s world-view of a linear-based universe is certainly not shared by the Easterner who comprises the greater part of the infinite panoply, as represented by Shiva’s circle of fire.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Of true discourse and debate

A title immediately becomes “suspect” when the prefatory insertion of the word “true” is necessitated.  For, the noun which it is meant to enhance should be able to stand alone, without the reinforced embellishment that it is somehow more genuine than with the cousin’s uninvited presence.  It is like referring to a gemstone as a “valuable emerald” (what, one queries, would constitute an invaluable one?), or that such-and-such is a “very religious priest” (as opposed to an irreligious one?); and so to refer to the methodological approach of discourse and debate as one which is “true”, is to immediately undermine the very meaning of such a beginning.

But in modernity, where meaning has lost its efficacy and the elasticity of language has become epitomized by mindless You-Tube videos and an endless stream of nonsensical declarations preceded by a belief that, as pure relativism is rampant and presumed, it matters little who holds what opinion, the content of what is said, and not even the tone of intended consequences.

Once, in years past, there were “rules of engagement“, but three (3) foundational precepts needed to be followed in order to engage a valid discourse and debate.  First, that a distinction could be made between truth and falsity.  Second, that there existed a “superior” argument, based upon the combination of facts and rules of logical argumentation, in contradistinction to an “inferior” one.  But third — and this is the missing component in today’s endless shouting matches on television and radio waves — that each participant possessed a level of humility such that upon recognizing the inferiority of one’s one argument, a voluntary concession would be made, admitting to the superiority of the opponent’s argument.

While everyone recognizes and acknowledges the structural weakening of the first element, it is this last one which has devastated the entire process of today’s discourse and debate.  Of relevance to Federal employees and U.S. Postal workers who are considering 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, is the extent, content and relevance of making a legal argument, and to what effectiveness and efficacy of substance, in preparing, formulating and filing for Federal Disability Retirement benefits with OPM.

In the end, bureaucracies are based upon the power of its established conduit of administrative complexity, and OPM is no different.  The U.S. Office of Personnel Management is made up of ultra-competent individuals who take their jobs very seriously, as well as with a mixture of some who are less than stellar.  That is the general make-up of all such organizations and governmental entities.

The structure of the right to appeal, however, is why a cogent discourse and debate must be prepared.  If the U.S. Office of Personnel Management denies a Federal Disability Retirement application twice (at the initial stage of the process, then again at the Reconsideration stage), then the Federal or Postal Disability Retirement applicant can file an appeal to the U.S. Merit Systems Protection Board.  There, the Administrative Judge will hear all of the arguments made, afresh and anew, and consider the lack of constructive engagement and “weak points” of OPM’s arguments.  That is where all true discourse and debate must begin — before an audience with a listening ear.  And there we have that complementing and undesirable cousin again —  the “true” X, as opposed to an untrue one?

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement from the U.S. Office of Personnel Management: Concurrent Actions

Idioms often convey an underlying truth recognized and identified by a specific culture or population; they are statements from an experiential aggregation of similitude, based upon a shared set of values.  The phrase, “When it rains, it pours”, is easily a recognizable idiom; that when things go wrong, multiple wrong things tend to occur altogether, all at once.  It is somewhat of a tautology, as when “X is Y, X are Ys”.  But it is in the very pluralization of the outcome which makes the differentiation significant.

For Federal and Postal employees contemplating filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS or CSRS, the engagement of the administrative and bureaucratic process of preparing, formulating and filing for FERS Disability Retirement benefits rarely results in a vacuum.

Often (or perhaps one is forced to begin with the prefatory clause, “All too often”), the long and complex history of harassment, complaints, formal complaints, grievances, lawsuits, EEO filings, etc., precede the filing of a Federal Disability Retirement application, thereby complicating one’s Federal Disability Retirement application with much baggage, historical aggregation of enmity and acrimony, and creating a simple set of causal facts into a convoluted compendium of complexities.  All of a sudden, the soft sounds of rain turn into a downpour of ferocious flooding.

In such cases, in formulating one’s Federal Disability Retirement application, it is important to bifurcate the compounded complexities, and to simplify, streamline and segregate.  From the viewpoint of the U.S. Office of Personnel Management, the very agency which receives and decides upon all Federal Disability Retirement applications, the mixing of concurrent actions and issues merely complicates matters.

As we all do, we would prefer to hear the soft patter of rain, and not the thunderous mess of a downpour.  Even the plants in the garden recognize that.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Workers: What Was It All For?

In the midst of a crisis, when the security of the mundane is replaced by the turmoil of fears, “what ifs”, pain, intrusive nightmares, suicidal ideations, profound fatigue, and the uncertainty of one’s future, questions begin to haunt and abound, enveloping decisions of past moments, reevaluation of present concerns, and furrowing eyebrows for an anxious anticipation of possible events to come.

Medical conditions have a tendency to interrupt present plans, and to degrade the list of priorities once thought to be of significance, or even of any relevance.  But all things must be kept in their proper perspective.  Balance of thought, and prudence of action, should always be paramount.

For Federal and Postal employees who are confronted with a medical condition, such that the medical condition begins to impact one’s ability/inability to perform the essential elements of one’s job, and therefore one’s livelihood and capacity to survive in this increasingly difficult economic climate, the prospect of being unable to perform one’s Federal or Postal job is a daunting challenge which must be faced.

One’s agency can rarely be relied upon to exhibit any lengthy period of empathy; jobs and tasks left undone constitute a basis for termination.  As such, preparing to file for Federal Disability Retirement benefits, whether under FERS or CSRS, is a consideration the Federal or Postal employee must evaluate early on.  It is the one who begins to take those initial, prudent steps, who may later be able to answer those universal questions emanating from fear of the future, such as: What was it all for?  It is for securing one’s future, and to be able to retain one’s place in this often disjointed universe of bureaucratic morass.

Federal Disability Retirement is a benefit accorded to all Federal and Postal employees who have the minimum eligibility requirements met (for FERS, 18 months of Federal Service; for CSRS, 5 years — normally a “given”); and it is precisely that which is offered, which should be accessed when the need arises; and when applied for, perhaps to answer those questions engendered by the trauma of the moment.

Sincerely,

Robert R. McGill, Esquire