Federal & Postal Disability Retirement from OPM: Feelings

There are appropriate contexts within which to consider them, as well as places, insertions, events and conversational modalities where it is partly or entirely irrelevant; but as with most things in life, the boundaries that bifurcate are not always clear and distinct.  When one is considering purely subjective circumstances, it is clearly the “appropriate” moment — of personal relationships; of a vacation to be taken; of emotions being considered.

In a court of law, it is probably not the best approach to take with a judge; although, in the sentencing phase or the “damages” argument to be made to a jury, it may be the singular force of persuasive impact that makes not only the distinction unclear, but the decision quite the decisive edge.

“Feelings” are to be reserved for puppies, late nights in bed with a fever, and how the toes tickle when lying on a grassy knoll in the middle of summer when the lone ant walks along the pathway of your bare skin.

Do we dare admit to them?  When you are in a heated argument, is it not an oxymoron to shout, “Feelings don’t have anything to do with it!”  For, what is the criteria to be applied when making a decision based upon them?  Does the spectrum of emotions never cloud one’s judgment?  Or can we, as we often claim, set them aside so easily, like so many automatons in those doomsday movies that have become popularized, where androids and mechanized juggernauts that have taken over the earth and tried to suppress humanity are now the very beings whom we always wanted to emulate?

And what of the French Existentialists and the horror of reaction to that old favorite, “Invasion of the body snatchers” — what was it that made it so fascinating, where beings were stripped of their souls and emotions were all of a sudden undone, extinguished and no longer relevant, where bodies devoid of feelings walked about the earth like so many empty tombs?

Feelings are funny animals; they make up so much of who we are, and yet we spend a lifetime trying to avoid the very essence of that which makes up who we are.

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 the Federal or Postal job, the anomaly concerning “feelings” becomes quickly apparent: for, confronted with having to prepare an effective Federal Disability Retirement application before an administrative body — the U.S. Office of Personnel Management — you are asked to remain “clinical” and antiseptic in the face of “proving” the medical evidence by the cold calculus of “the law”, and yet at the same time you are trying to convey your “feelings” with respect to the impact of the pain, the anguish of anxiety or the daily levels of profound fatigue felt.

It is a tightrope, balancing act that must be done with expertise, subtle techniques and an interspersing of line-crossing deftly engaged. Completing the SF 3112A, Applicant’s Statement of Disability, is the single most important form in preparing a Federal Disability Retirement application, aside from gathering the proper medical documentation and making the persuasive legal argumentation.

For, in the end, that lifetime of trying to suppress those “feelings” must be utilized carefully, yet at the same time you have to be persuasive enough to touch upon the emotional makeup of a fellow human being who, also, likely has had to suppress those same feelings in order to apply “the law”.  Go figure.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Information: Action after words

Does the failure of an action to succeed a string of words make it automatically into a lie, or can it merely indicate a delay between thought and action, spoken words and action, or misinterpretation of words followed by non-action?  Are there phrases and afterthoughts that undermine and negate the initial statement of promised and anticipated actions, such that they “justify” the non-action?

For example, if a person says to another, “I will meet you at X restaurant at noon tomorrow,” but upon showing up at the place, the other person never appears; later, you bump into that same person and inquire about his non-appearance, and he states, “Oh, I became too busy and couldn’t come.”  Does that succeeding statement negate the previous statement; does it “explain” it; does it “supersede” it; or was it merely a statement that tells you that the person making it is rude, a bore, and someone to henceforth be suspicious of and mistrusting towards?

What if the same person had said some other things, like: “I thought better of it” or “I decided that I didn’t want to go out to lunch with you”.  As to the former, one might conclude that the person was somewhat odd; as to the latter, that he or she was unfriendly and did not deserve further consideration.  But what of the following statement: “I am so sorry. My mother was taken to the hospital suddenly and I completely forgot!  Please accept my sincere apologies!”  This last admission, of course, is the one that “justifies” the breaking of the prior commitment, and can be seen as the one where “forgiveness” and further consideration is accorded.

In every case, the action which follows after words determines the future course of how we view the person who spoke the words; yet, context and content do matter.

Take for example another scenario, where the person says, “I may be at X restaurant at noon tomorrow, or I may not.”  You show up at the place at noon and the person who made the statement does not show up.  Later, when you “bump into” the person, you say, “Why didn’t you show up at X restaurant,” and the person responds with, “Oh, as I said, I might have, but decided not to.”  Was there a broken promise?  Did the actions performed fail to “meet” with the words previously spoken?  No, and not only that – one could even argue that the person was quite true to his “word”.

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 connection between “action” after “words” is always an important consideration to take into account, for there will be many steps through the administrative process where compatibility between the two will have to take place.

Will your doctor support your Federal Disability Retirement case when the “crunch time” arrives?  (The doctor will need to).  Will your Human Resource personnel do as they say? (Likely not).  Will your supervisor timely complete the SF 3112B? (Hmmm…).  Will OPM “act upon” the Federal Disability Retirement application after “saying” that they will? (Again, hmmmm…..).

Action after words – the foundation of sincerity.

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

 

Federal Employee Disability Retirement: The out-of-tune band

There is something particularly annoying about a piece of music, an orchestral ensemble or a simple song that is out of synchronized perfection, or put quite simply, out of tune.

The annoyance can be traced, of course, to the origin of the discordant piece; the “band” itself, the group of musicians or the orchestra or symphony that is responsible for the unpleasant sound waves that drift through the molecular structure of the unseen world and pervades down into the refractive caverns of one’s ears, then interprets through neurons firing in order to “hear” the vibrations that are supposedly in consonance with one another such that it becomes a coherent song, piece or musical collection.

The out-of-tune band is indeed an annoyance, and we believe should be outlawed and made illegal.  Short of that, what is it about a discordant collection of individual instruments that makes it unpleasant?

Taken individually, perhaps each player of a particular instrument can play it with utmost perfection; yet, when two or more players come together, it makes for an exponentially complicated attempt at coalescence, harmonious combination and synchronized heavenliness.

Getting married – of two different people coming together and making a lifetime commitment without killing one another – is difficult enough; getting a band together and coordinating disparate sounds and vibrations and, through practice, creating music that approaches a pleasantness of sounds – now, that is what you call nigh impossible, and somewhat like marriage in the sounds of silence (sorry, but somehow one must always try and include Simon and Garfunkel’s classic; and, of course, we must ask the eternal question: What ever happened to Art Garfunkel?) that we all strive to achieve by perfection of heavenly voices.

A Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is somewhat like trying to put a band together, as well.  Coordinating all of the elements – the Statement of Disability; the medical evidence, making the legal arguments; delineating the entirety of the Federal Disability Retirement packet into a coherent whole such that it does not “sound” discordant, which then hints at a trough of suspicion or insincerity, which then further leads back to an “annoyance” at the originator of the Federal Disability Retirement packet, and a likely denial from the U.S. Office of Personnel Management – is an important step towards an uncertain outcome.

Like the out-of-tune band, the success of a Federal Disability Retirement application cannot be just “putting together” a few documents here and there and haphazardly writing one’s Statement of Disability; no, it must be put together so that there is coherence, coordination and coalescence in bringing together all of the evidence for such an endeavor to be deemed “a fine tune”.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation Federal Disability Retirement: Stress tolerance

More and more, the psychology of human endurance is being studied, evaluated, assessed and judged upon; but in the end, the complexity of the psyche may never be fully known, and even of that knowledge which we think we know, we may be completely in error about.

We perform “stress tests” upon metal beams and overpass bridges in order to determine their viability and structural integrity; and through various engineering tools, we are able to determine whether or not a certain limit of tonnage or pressurized capability to withstand extreme changes in temperature can be “tolerated” before serious damage is done, or modifications, reinforcement or complete replacement becomes necessary.

Why are we unable to gauge the capacity of the human psyche, as well?  What is it about the complexity and endurance levels of the human mind that refuses to provide an objective capability of acceptable levels of stress?  Is it because it will always be individualized, restricted by childhood, adulthood and other hooded experiences that refuse to explain the levels of tolerance otherwise able to be discerned in a beam of wood or a concrete structure?  What does it mean, anyway, to have a “high” stress tolerance level, as opposed to a “low” or “medium” one?  Is it like possessing a gemstone that you carry around in your pocket?  And does it depend upon the “kind” of stress being experienced, or can it all be lumped into one?

Money and debt problems; traumas imparted by the behavior of others; family and marriage difficulties; workplace hostilities and adversarial and contentious encounters; do these all constitute different “kinds” of stresses, and do different people react to them and “deal” with them in variegated ways?  Does it matter whether or not the source of the stress emanates from an outside origin that does not “personally” involve you – such as the danger-based stresses experienced by police officers and firefighters that encompass saving others or deescalating “situations”, but at the end of the day, does not pervade beyond the clock that ticks down to end one’s shiftwork?

And medical conditions – how much of an impact does the physical have with the psyche, and to what extent is the interaction likened to a vicious cycle, where a physical ailment influences the capacity of the psyche to tolerate stresses, and where the mental or emotional stress triggers a person’s physical condition?

Science and medicine have never been perfect disciplines, and it is doubtful if we will ever fully comprehend the complete picture of the impact of stresses in our lives.

For Federal employees and U.S. Postal workers who suffer from a medical condition, and have come to a point where that medical condition no longer allows the Federal or postal employee to perform all of the essential elements of one’s Federal or Postal job, the question often asked is whether or not “stress” is a viable element or basis for a Federal Disability Retirement application.

That query is a complex one, and can only be answered within the context of a medical diagnosis, the prevailing law, and the options left in the complicated process of preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, and consultation with an attorney who specializes in Federal Disability Retirement law is essential to enhance a successful outcome.

Like so many questions of any level of complexity, “stress” is a complicated issue that cannot easily be addressed without a thorough evaluation by an experienced attorney.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: And then we are gone…

The trailing ellipsis establishes a pause for reflection, and the finality of three periods for an emphasis upon the irreversible nature of the statement.  “And then” connotes that something preceded – a lifetime of activities, a century or less of human historicity involving birth, growth, work, struggles, etc. – existed before the conclusion of the life.

The “we are” slice of the sentence implies two additional variables: the universality of involvement – an event that excludes no one – and the present tense of that which is inevitable.  And what about the final word before the ellipsis?  The eternal nothingness; the inescapable conclusion to every novel, every short story, every figure of historical significance or otherwise; we all die.

We somehow try and escape or avoid that fate.  Heidegger’s observation that the whole of human activity is merely a project of distraction and avoidance – that we perform this busy-ness and that all-consuming work or hobby, not because it is inevitable, important, relevant or even interesting, but because to do nothing would be to face the reality of our own demise daily.

Perhaps that is somewhat of an overstatement.  And yet… In the end, plastic surgery, herbal teas and strenuous exercise may only prolong the terminal exit ramp for a fortnight or even a calendric cycle or two, but it is the “in-between” times that make all the difference in a person’s life.  And what of quality?  Does quantification by pure duration determine the worthiness of that “in-between” period, or is it better to have lived a short but “full” life, before the finality of nothingness comes upon one?

For Federal employees and U.S. Postal workers who are suffering from a medical condition, such that the medical condition is making that preceding period before the universalization of finality becoming a reality “less than worthwhile”, the time may have approached, and perhaps even passed, that preparing an effective Federal Disability Retirement application has become not merely a necessity but a crisis of mandate.

Sometimes, in life, the choices are limited and the options presented somewhat less than the best of life’s offerings; yet, to live out that duration of what is future-oriented by enduring pain, suffering and illness in an atmosphere of hostility and adversarial contrariness for the remainder of the days yet to come, often become unbearable and unthinkable.

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 often the only solution to a problem unsolvable. It is that moment before the part that goes, “And then…”, where the ellipsis has not yet reached the “we are” portion, and thus a crucial section of a life still to be lived.

Sincerely,

Robert R. McGill, Esquire