Tag Archives: opm disability review

FERS & CSRS Disability Retirement: Little battles fought

It is the minor skirmishes of life that maintain the vitality of everyday existence; they are fought in preparation for the greater battles and campaigns.  That is why a ‘strategy’ is important; otherwise, taking the same hill countless times in a day leads one to wonder what the greater plan is.  For, futility and the sense of meaninglessness are what defeat any motivation to continue.  Incentives for advancement; a sense of growth and an optimism for the future; these and other values are what one fights for, engages in skirmishes, and those little battles that are fought with a worthwhile sense of gaining something.

Medical conditions, especially of a chronic kind, tend to diminish the will to fight.  They not only weaken and debilitate; they begin to eat away at any sense of accomplishment and striving for those valued goals.  It is, in the end, a sense of hope for which we all fight the little battles fought; otherwise, the major wars would fail to be worthwhile.

Medical conditions are the “unfair” factor in any war, sort of like roadside bombs planted in this new war of hit-and-run attacks.  They often come upon one slowly; and whether in a sudden, traumatic event or evidencing a slow progression of debilitation and subtle changes over a period of days and months, the insidiousness of not knowing how to battle it, of doctors telling of being patient, of medications themselves sometimes having worsening side effects that complicate, exacerbate and exponentially magnify in frequency, severity and other realms of wounds endured – these all cumulatively combine to create a sense of frustration like fighting an enemy you cannot see and will never be able to actually “fight” in the traditional sense.

That is why preparing, formulating and filing 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 an important step in those “little battles fought” – for, unless the little ones are taken care of, the large ones that loom ahead may not be properly engaged in.

Reorganizing priorities; focusing upon one’s health; determining the future course of relevancy; these are all part of the metaphorical battles to be fought, but for the individual who experiences the medical condition and specifically for the Federal or Postal employee who must consider filing a Federal Disability Retirement application, they are no less real than the sudden devastation of a roadside bomb exploding beneath one’s Humvee.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Benefits: ‘Can’ and ‘Have to’

The category of the latter has diminished in recent years, as the general populace has mistakenly misinterpreted the distinctive definitions of liberty and freedom, and reassigned meanings as license and anarchy.  The blank column of the former concept has come to be full, despite the reality of the economic downturn and the shift into a global economy that, we are told, is an inevitable consequence of human progress.

We were taught that the march of progress required the destruction of the American West, where a way of life needed to be trampled upon and destroyed in the name of advancement and civilization; that each step of innovation and progressive paradigms constitute an almost Hegelian fatefulness, and resistance is merely an act of futility within the aggregation of the Leviathan called “Progress”.  The modern parlance consists in the acceptance of every innovation of technology, to the extent that Orwell’s dystopian premonitions have been surpassed by a reality now accepted as mundane and commonplace, and we fail to realize that his magnum opus of a totalitarian future could have been heeded, but now is merely embraced with a yawn and barely a glance backward.

The more that society comes to believe in that which we ‘can’, as opposed to the obligatory mandate of ‘have to’, the less likely is there of a resistance to authority.  And, until the police raid in the middle of the night or the unquestioned stop and search on a highway where others just whiz by without puzzlement or curiosity, is experienced personally by a given individual, the onerous nature of laws passed in the name of safety, security and preventative measures, will be merely a conceptual haze masked by an obscure hypothetical.

Instead, we live day-to-day in the conundrum of being told that we ‘can’ do what we want, desire and fantasize about, and there is little that we ‘have to’ do.  Thus do infidelity and divorces occur; of abandonment of family ties based upon tropes of scintillating sensations; and goals set aside in the namesake of present pleasures.

There is a category of individuals, however, where the luxury of ‘can’ cannot be replaced by mere want of ‘have to’ – a person with a medical condition.  For Federal and 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 ‘can’ once relied upon transforms into an inability.

Once the inability to perform one or more of the essential elements of one’s Federal or Postal position becomes a reality, then the ‘have to’ is finally realized – of preparing, formulating and filing 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.  Do not let the muddle of incessant trope involving ‘can’ become confused with ‘have to’ – for, when one comes to a point of ‘must’, it is time to prepare, formulate and file an effective Federal Employee Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Disability Retirement: The centrality of fringe

In whatever definition one wants to adopt, the meaning is clear:  It is that which is on the outer periphery, and not central to the essence recognized.  But what if the reversal occurs?  Can that even be imagined?  Can the fringe constitute a substantive centrality, and yet retain the stability of its essence?  And, once the mirror conversion occurs, does the identification remain as it was, or do we accept the fringe elements as the convention, and the formerly known staid components as outside the normative foundations of an acceptable core?   Can that which was once considered unacceptable, metamorphose over a sufficiently quantitative linear heritage to the extent that the bizarre can become the best and brightest?

In Darwinian evolutionary hypotheses, the concept of a sudden mutation occurring as a result of environmental pressures forcing an alteration for the benefit of the organism’s survival, is often rejected because, as a general rule, nature does not favor large-scale transformations, unless there is a concurrent catastrophic need arising with little time for adaptation.  Yes, in cultural transformations, where artifice of choosing may occur by the quiet assent of a silent majority, the fringe elements may dominate by sheer vocal exuberance in drowning out any meek protest by will of volume.

Most people want quiet lives uninterrupted by forced decay of choosing; the sheep follow in drones of silent consent, if only because each can see only the limited perspective of the backside inches before, and stoppage of movement would mean being accosted in the rear by another follower of mindless assent, where discomfort is the greater evil in comparison to refusing to take another step.

At what point does an insignificant minority take upon an appearance of greater dominance, where the cacophony of shrill voices exceeds the disproportionate echo of seamless quietude, and we simply give in because the comfort zone of silence is shattered by the discomfort of resistance?  Those threads which flow freely – the ones which give an added “touch” to a piece of clothing, the Persian rug or the shawl which warms; what distinguishes that from a frayed mind, a singed material where residue of ashen leftovers appear as dangling limbs from a cauldron of confusion?

At some point, each of us becomes mere fringe elements, despite our best attempts at remaining relevant.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition has cast the Federal or Postal employee into that pot of “otherness” because of an inability to perform one or more of the essential elements of the Federal or Postal job – it is time to do something about having been re-categorized as a “fringe” element.  Preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal employee is under FERS, CSRS or CSRS Offset, may be the only way in which to cross back over into the essence of what it means to be central to the essence of life’s hope, and not allow others to castigate us into being the centrality of fringe, when that is not where you belong in the first place.

Sincerely,

Robert R. McGill, Esquire

 

FERS CSRS Disability Retirement from OPM: Fatal Flaws

Nature is harsher than the artifices created by man; egalitarianism or empathy for the less fortunate, are not found as traces of widespread encapsulation of the essence of the wild; instead, the opposite is true:  of indifference, abandonment in the face of a wounded comrade, and flight as opposed to commonality of surrender.  It is only in the antiseptic universe of human civilization that we discover character, trust and fortitude in the face of threat.

Is this a fatal flaw in the humanity of the species?  Perhaps.  Time will tell, as civilizations rise and fall, as to whether the inherent weakness of totalitarianism will succumb to the overt unsteadiness of democratic institutions, and whether kindness wins out over betrayal, truth over falsity, and cruelty above warmth of favor.  Malignancy is considered nature’s retribution against the unsettling forces of dominance and survival; but as history shows, the linear nature of our thought processes rarely reflects the reality of how man proceeds.  There are fatal flaws in every aspect of life’s misgivings; but most are merely defects correctible by substitution of lack with that of an addendum to afterthought.

In a Federal Disability Retirement application, there will be times when the U.S. Office of Personnel Management requests additional information because of an obvious lack; while a response does not necessarily guarantee an approval of one’s Federal Disability Retirement application, attending to the request will often appease the desire for more evidence.  If a Federal Disability Retirement application submitted to OPM has been denied at the Initial Stage of the process, are any errors or mistakes ever fatal flaws?  Rarely.  It depends.  Likely not.

Qualification: Undoing something is often more difficult than its opposite cousin in the affirmative; blinders cannot be placed upon OPM once they have reviewed something, and we cannot pretend that they haven’t already formed an “impression” of a case.  But corrections, supplemental information and addendum to deficiency; these are all the tools available for the Second Stage of the process — the Reconsideration Stage.

Then, of course, there is the avenue of the Third Stage, if such corrections have been unpersuasive or ineffective; and that would be an appeal to the U.S. Merits Systems Protection Board, where an Administrative Judge would decide the case.  There is even a “Fourth” Stage — a petition before the full board of the U.S. Merit Systems Protection Board.  Beyond that, an appeal to the Federal Circuit Court of Appeals is also available, though the systemic losses in all of the previous forums identified, makes for a near-impossibility to reverse course at that level unless there are onerous legal grounds to argue.

As we pointed out at the begin of this parade of verbosity, natural law is lock-step in tune with the marching harshness (to remain true to the metaphor of parades, marching, bands, etc.) reflected by genetic deficiencies manifested as fatal flaws; but in the bureaucratic universe of administrative processes such as filing for Federal Disability Retirement benefits, the safeguards allowing for a multitude of due process steps rarely follows the trumpets and trombones (there again, that metaphor overplayed) of nature’s unforgiving ways.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Pipe Dreams

The origin denotes an unsavory history of imperialistic exploitation and deserved degeneration of culturally unseen and unforetold consequences; of an encounter between foreign soils bridged by greed, necessity and inevitable destinies, but where the conqueror reaped more than what it sought.  In the opium dens which followed and the devastation of addictions ensuing, the phantoms derived from the processing of a plant which otherwise concealed the deadliness of its essence, beautiful in its floral toxicity amidst the sweet aroma that diffusely pervaded an unsuspecting population — dreams, indeed, of unreachable heights and great expectations otherwise squandered.

It is from that 19th century term — of the wafting scent of doom combined with the forgotten troubles of an industrial age, when repressive measures could be meted out by colonial strength, and insulting terms denigrating the humanity of an entire population could be thrown about by the lowliest of the low, and yet with superiority by race and ethnicity merely because one nation conquered and took advantage of the subservient nature of a quietude yet open to a coming storm.

In the end, who were the victors and what vestiges of the vanquished remained — only the untold stories of unmarked graves, whispering by twilight of plunder and portage of cultures; for, is it the country which invaded, or the one who imported the pipe dreams which subjugated the populace to an addictive essence?

In modernity, of course, the term itself has been shed of its subjugated past, and merely connotes an unrealistic expectation, a pursuance of a dream devoid of pragmatism, and a picture of flightiness attached to those who express such creative dimensions of unconstrained exuberance.  Children and the insane have them; and perhaps, still, those who partake of illicit moments of addiction and self-abuse.  But reality is always where we meet again, and the loss of time, efforts and futile exertion of wasted energy ends up back to the proverbial “square one”; what we squander in labor, we make up for in foolishness.

For the Federal employee and the U.S. Postal worker who must daily be challenged not only with the workplace hostility of repetitive annoyances, but further, work with a medical condition which progressively deteriorates and diminishes the Federal or Postal worker’s capacity and ability to perform all of the essential elements of the Federal or Postal positional duties — pursuing a pipe dream that it will all just “go away”, or that tomorrow the medical condition will miraculously heal itself, or the day after the harassment will cease:  these are mere phantasms of a hope diminished by reality.

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 an acknowledgment that the Federal or Postal employee is no longer relying upon a pipe dream, and has taken a pragmatic step towards facing the reality of one’s situation.

In the end, a pipe dream need not be a mere vestige of a lost culture steeped in the wayward historicity of timeless depravity; for, as the past continues to haunt both individuals and the greater society, so the words which follow may describe a regeneration of that which was once forgotten, but still remains in the residue of unvanquished sins.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Help for Federal Employees: Slices & Wholes

Short stories provide a slice of life; novels, a genre which attempts to provide a picture of a greater whole, and when it falls short, will often be an opportunity to manifest a trilogy of works.  But fiction never quite captures the essence of entirety, and we are left with the part, a necessary void, and a missing piece of the puzzle.

Every narrative of a life is merely a portion; the microcosm rarely captures the significance of the whole.  And, indeed, there are large chunks of human living which need not be repetitively revealed, as they are presumed to occur during the lapses and jumps of time:  That the character in the story (or insert:  television show, movie, novella, etc.) has gone to the bathroom multiple times during the day; has eaten more than in the restaurant scene and traveled in some kind of a transport vehicle in order to reach a given destination, etc.

At the dawn of movies, it was a common question for the audience to ask, “How did he get there all of a sudden?”  Real life was still being projected upon the new screen of depicted stories, and the loss of continuity assumed that the audience would make certain jumps of logical conclusions; time, acquiescence and acceptance of convention would yet take some getting used to, and the slice of life revealed often mistook the viewer for the wholeness of true living experienced by all.

Thus do we accept, in watching a play, the convention of a character declaring an aside but where the rest of the stage does not hear; in real life, such declarative innuendoes would result in a slap in the face.  But that is precisely the problem with people, isn’t it?  We all accept and assume, and presume that the slice of life is representative of the whole, and thereby typify and stereotype the individual, beyond mere first impressions.

The Federal employee or U.S. Postal worker who suffers from a medical condition and therefore is unable to accomplish all that needs to be done, is now the nuisance and the “lazy one” who puts the burden upon everyone else, without considering the long history of dedication and service, or the turmoil and devastation wrought upon the greater whole of his or her life.  That Federal or Postal employee is merely known for the slice of today, and rarely appreciated for the whole of yore; for, it is easier to condemn with the tongue of today, than to take the time necessary to understand the contributory trails of yesteryear.

Thus are we left with little choice but to prepare an effective Federal Disability Retirement application, submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  And the dusting trails of memories left behind?  Let such clouds of regret and remorse remain within the slice of a former life be, and enter instead into the panoramic view of a true whole, where the next stage of life is beyond the Federal agency or the U.S. Postal Service, and the combination of slices and wholes can once again be put together for the Federal or Postal employee who must regroup for a better tomorrow.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement Benefits for Disabled Employees: Discovering the natural teleology

It is for that function or use in society that we strive in our early years; while some may argue that the extrinsic relationship between career and one’s natural abilities make for an artificial coalescence of man-to-meaning, nevertheless, the adaptation to societal needs results in the correspondence between man’s inherent want and the contribution to a greater good.

But what happens when, later in life, the fusion of ability with societal need is abandoned?  What if work no longer can be performed, goals cannot be met, and wants cannot be fulfilled?  We are in a phase where we preach to our children that they should find a career in which natural talents are utilized, where inner satisfaction is achieved, and a sense of accomplishment is fulfilled.

A generation or so ago, we merely thanked society for offering a decent wage and a higher standard of living.  Then, something went awry — the gap between the worker and management became a wider chasm of discontent; magazines and video clips revealed the limitless narcissism of wealth and unfettered greed; and mediocrity of talentless actors revealed that even they, too, can achieve stardom despite lack of any appreciable achievement.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents one from performing the pathway of a chosen career with the Federal agency or the U.S. Postal Service, the separation from one’s work and position may take an unspoken toll — not just because of the medical condition, but further, as a result of losing the natural teleology the Federal or Postal worker had striven so strenuously to achieve.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or Postal worker is under FERS, CSRS or CSRS Offset, is never an easy road.

Others may believe that securing an annuity because of one’s inability to perform one or more of the essential elements of one’s Federal or Postal positional duties is tantamount to winning a lottery of sorts, but the reality is that most Federal or Postal employees who file for OPM Disability Retirement benefits, if given the choice, would forego the benefit if the medical condition would resolve itself and health would dictate the course of one’s future and fate, and not its corollary, of illness and a chronic medical condition.

Throughout youth, one always strove to discover the natural teleology for value and place in society; when that essence of human need is suddenly lost or severed, it is time to reignite that loss of self, and to prepare an effective Federal Disability Retirement application in order to enter into the next stage of life’s arena of meaning, value and worth.

Sincerely,

Robert R. McGill, Esquire