OPM Medical Disability under FERS: Memory

There have been many recent works of fiction involving the issue of memory — The Memory Police, by Yoko Ogawa; The Buried Giant (Kazuo Ishiguro); Tell Me an Ending (Jo Harkin); just to name three right off the bat.  Why has it become a recurring theme?

Is Google the culprit — that memory is no longer a skill cultivated; where conversations are suddenly terminated because someone has whipped out their Smartphone and looked up the name of the movie, the meaning of a word, or the line from a book of poetry?  Is rote learning even needed?  Does anyone memorize a poem, a line from a novel, or even a stanza from a rhyme?  Has an angst developed, an anxiety left unexpressed, an educational concern subtly evolved?

If we can Google anything, is there ever a need to memorize?  If we fail to cultivate the tools of memory, will we make more of the same mistakes than ever before?  Wasn’t it some philosopher who said that history will forever repeat itself because short memories spawn the ignorance needed to forget the horrors of war?  Didn’t WWII follow upon a generation who had forgotten that the “War to end all wars” — WWI — was fought to achieve an eternal period of peace?

And Vietnam was forgotten, followed soon thereafter with Afghanistan — and how the media attempted to capture a scene depicting some helicopter evacuating masses of civilians from the top of a building — that imagery of a former time, a forgotten memory, a repetition of history.  But did anyone remember?  Was there any resurfacing of memories?

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, “memory” is precisely what the U.S Office of Personnel Management wants you to forget:  That there is case-law which applies; that the law and statutory authorities require application and compliance; that eligibility for Federal Disability Retirement benefits must follow the regulations overseeing OPM’s decisions, etc.

The U.S Office of Personnel Management often needs some “reminders” of what constitutes legally-sufficient evidence for an approval; and while OPM’s memory may often fade, it is the job of a competent attorney to “remind” them, to shake their forgetfulness and to emphasize that past case-laws still apply in the current state of society’s amnesia, and thus, you should contact a competent and effective attorney to make sure that OPM “remembers” what the law is.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

FERS Disability Retirement Benefits: Of History Unknown

Many of us consider ourselves to be “history buffs” — we are proud that we can accurately recite the beginning dates and end-dates of major wars; of knowing the primary principals of each; of the sequence of Presidents; of who was shot and by whom; of when Fort Sumter was fired upon; of the day that Wall Street crashed, etc.

Dates are important to us; they provide a context for our present circumstances.  Yet, history is also about individual lives — often lost in the anonymity of greater events, and few of us have the imagination to appreciate how previous lives were lived — of not having indoor plumbing; of getting water from a well; of not having a refrigerator; of being so poverty-stricken that death by famine was often a perennial cycle of acceptance.

Other people, and other lives we barely even know or consider.  We barely know our next door neighbor, and yet we pride ourselves in accurately reciting authors from esoteric works of history.  Of the history unknown, they remain a mystery.

For Federal employees and U.S. Postal workers who have a sense that your contribution to the Federal Agency is somewhat akin to the history unknown — of relevance no longer appreciated and work left unappreciated — it may be time to file for Federal Disability Retirement benefits.  You medical condition has essentially rendered you a “non-person”.  You are no longer a member of the “mission team”.

Consult with a FERS Attorney who specializes in Federal Disability Retirement Law and consider fading away with a Federal Disability annuity by joining the multitude of the History Unknown — or as General MacArthur once said, “Old soldiers never die, they simply fade away.”  And so for the history buffs: Where did he say it and in what year?

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The need to belong

Is there?

The brashness of youth in the misplaced arena of self-confidence when one first encounters the reality of the world after being sequestered in schools, from High School to College, but yet to be tested by the reality of the surrounding world; and so the young person says thoughtlessly: “I don’t need anyone; I will go it alone.”  And so the story goes: and like Harry Chapin’s song, “Cat’s in the Cradle”, of little boy blue’s father who never had time to belong because he was always too busy; but then, we feel most comfortable in situations of familiarity, though we may deny it.

The need to belong is not a peculiarly human need; it is shared by most other species, although there appear to be exceptions within the subset of every species, where the loner presents with contentment, and even an antagonism towards the collective community.

Is it fear that compels the desire, or an innate sense of wanting to belong (a more positive characteristic than fear)?  Can the need be quashed and dismissed, set aside and disregarded as mere convention to be ignored and diminished?

For Federal employees and U.S. Postal workers who are considering preparing, formulating and filing for Federal Disability Retirement benefits under FERS, CSRS or CSRS Offset, is it the loss of community that often makes one pause — i.e., the need to belong?

Certainly, the camaraderie and being “part of the team” — though one may scoff at the very idea — allowed for one’s identity to thrive within the community of Federal or Postal workers; and identity-tied-to-career and work is an important component in belonging to anything, for everyone.  Yet, the health condition itself is the very element that separated and excluded in the first place; the Federal Agency or the U.S. Postal Service is the “community” that begins to shun, to exclude, to make an outcast of the Federal or Postal employee, and that is almost an inevitability that must be faced.

At some point, that “community” called the Federal Agency or the U.S. Postal Service begins to lose its patience, and begins to restrict the use of Sick Leave or LWOP; or, when the FMLA runs out, a “demand” to return to work, to maintain a regular work schedule, etc., is imposed.

Unfortunately, the “need to belong” has to be a two-way street: The desire to belong on the part of the Federal or Postal worker, and the comity of interests shown by the Federal Agency or the Postal Service.  When one or the other begins to wane or vanish altogether, it is time to file for OPM Disability Retirement benefits and to look for other communities in which to satisfy the need to belong.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Representation: Of frauds and believers

Who is the greatest fraud of all time?  Of whom do we consider a “fraud”, and what is the criteria upon which we compare and determine the final judgment?

Certainly, many would include Bernie Madoff in that category; but what of tricksters and hoaxes that will have you believe in magical powers of levitation, bending spoons and non-invasive surgeries?  Is the greater hoax based upon the sheer number of believers, or upon the amount gained and the fervency of trust betrayed?  Do the number of believers following a cult leader count, based upon the quantifiable nature of the fraud itself, or is it the level of unquestioning belief that makes up for the lesser crowds garnered?

And what about the common fraudster — of the smiling face during times of need, but the quick stab once your worth is no longer apparent?  And of the workplace where the smiling backstabber whispers in conspiratorial glee, when once the boss listens and smirks at your every deed, replacing the accolades once passing for sincerity when all that was truly there was a Noh mask that concealed the sneer of disdain?  And what of that believer who persuades all of the others who were doubtful, but because you respected him or her, the fact that the believer lead others into the flock of deception — is that first believer also a fraudster?

And in the lonely quietude of one’s own thoughts and reflections, studies have shown that a great many people believe they themselves are fraudsters — perhaps not on the grand scale of having bilked millions, but merely that you are not whom you appear to be, and thus the empty shell within haunts in the conscience of a sleepless night.

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, there is often a sense that a “fraud” is being committed — that having to be forced to “hide” the seriousness of the medical condition at the expense of one’s health; of striving to extend one’s Federal or Postal career beyond that which is medically advisable has been a necessity; and of having that conscience in disrepair because you cannot do everything that you once were able to — these are the characteristics of the Federal employee and Postal worker who possess a high degree of conscience and work ethic.

But do not mistake and confuse the difference between “fraud” and “conscience”; for, the former has no inkling of the latter, and it is because of the latter that the Federal workforce is so effective in administering goods and services in such a wide range of ways, with so little to work with.  But when it comes time to take care of one’s health, the Federal or Postal employee who must consider preparing, formulating and filing an effective Federal Disability Retirement application, whether under FERS, CSRS or CSRS Offset, must take into account the cost of fraud — of being untrue to one’s self by continuing in a job which is no longer consistent with one’s health.

Now, that is the greatest fraud of all — of lying to yourself and allowing your health to deteriorate.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation Federal Disability Retirement: Bureaucracies

It is an amalgamation of penultimate collectivism; based primarily upon the concept that centralization constitutes efficiency, bureaucracies exist for the sake of a mission long forgotten and forever compelling the existence of its own justified creation.  They have histories, and often historians to record and annotate the accomplishments of their own beings; and the people who work for them speak about them in objective tones of third persons.

Every now and again, a newly-hired employee will bring about a fresh sense of enthusiasm, of new ideas and different ways of doing things; but after a time, each such newbie of fresh growth begins to wilt, like flowers that bloom for a season and then die an expected and predictable death, only to wait for another to take its place.

Bureaucracies tend to do that to their own population – wilt them, kill them, stamp out any newness that might sprout for a brief moment.  And to those outsiders who require the services of a bureaucracy – well, always remember that the bureaucracy will always last longer than even the great period of the dinosaurs.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits because of a medical condition that prevents the Federal or Postal employee from performing one or more of the essential elements of one’s positional duties, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the exposure to a bureaucracy may be the first time; or, perhaps the Federal employee (and certainly the Postal employee) works within a bureaucracy him/herself.  In either event, suddenly being an “outsider” looking in, as opposed to an “insider” looking out, will be a new experience.

It is good to remind one’s self during this process of preparing, formulating, filing and waiting upon the “bureaucracy of bureaucracies” –- the U.S. Office of Personnel Management – that long after the Age of Dinosaurs passed and became extinct, and long, long after global warming or other such identifiable calamitous event will have altered the face of the universe, OPM and other bureaucracies will still be here.  What a thought to ponder.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: Keeping

Keeps; keeping; kept; the endurance of retention reflects the vitality of human obstinacy.  To retain, to own, to possess; in the present tense, present simple passive, present perfect passive, past perfect passive, present modal, past modal, and a dozen other forms of grammatical conundrums.  It is the action of owning, maintaining or  possessing; often, with implications of forceful protectiveness despite demands of rightful ownership by third parties.  “He kept it!”  “He keeps coming back!”  It is the persistence, the refusal to abandon and the resistance against another’s claim, whether rightful, justified or otherwise questionable.

Then, there are forms which imply honor and integrity:  “Keeping the trust”; “Keeping the flame aglow”; “She kept her word”.  The boys “kept their promise”; He kept up appearances.  In all grammatical forms, whether of a passive nature or active tense, there is always throughout a sense of an activity of the will.  “Keeping up with the Joneses” is not merely a passive inactivity, but an affirmative movement and stratagem focused upon advancing beyond a social inertia that encompasses tentacles of thought, consideration, judgment and planning.

It is a simple word, used without much thought, never pausing in a conversation to see whether others gathered will be impressed by the perfection of such a choice – that unique word which describes an image so poignant that to have inserted it nonchalantly in a sentence without the help of a Smartphone in Googling it before uttering the inserted grandness connoting linguistic excellence is next to leaving one breathless and in disbelief.

For Federal employees and U.S. Postal workers who understand the simple concept of “to keep”, whether in the present tense, present simple passive, past perfect passive or the multitudinous other grammatical forms, there are caveats to maintain when preparing, formulating and filing for Federal Disability Retirement benefits, not the least of which are:  Keep your cool; have your files kept and maintained; keep persisting; recognize the importance of keeping a balanced and coherent narrative; keep the faith; insist upon keeping informed; and never keep allowing for injustice to prevail.

In keeping with tradition, always remember that preparing an effective OPM Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is a complex administrative process which must be kept in mind, and that the formulation and filing with the U.S. Office of Personnel Management requires keeping a patient, sane and insistent attitude, much like keeping a promise made despite those who have not kept their word.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The U.S. Department of Health & Human Sacrifice

Does modernity reflect progress?  And, more to the point, by whose definition do we apply the standard of “progress”?  Does mere movement or change constitute advancement, or do we fool ourselves by the proverbial content of shuffling the chairs on the deck of a sinking ship?  Each generation believes fervently that the previous one represents an archaic mode of static thought and stale fashions, and that youth itself somehow supersedes the necessity for any generational transfer of wisdom or insight.

In former times, certain societies would offer the best and the beautiful as human sacrifice to the gods of fate, in order to please, appease and gain favor.  In current times, we do the same, but cheat the gods by offering less than the healthy ones, and instead give to the winds of fate the decrepit, deteriorating and destroyed individuals who no longer contribute fully to society, thinking that by shedding ourselves of the rabble and remains of shorn vestiture, the favor of formidable fate will be attained for future payment in place of delayed gratification.  Why is it that health and human sacrifice have become terms of mutual exclusivity?

For Federal employees and U.S. Postal workers, the Department of Health and Human Sacrifice has become the largest entity of bureaucratic morass, employing more people than all other agencies combined.  It is the place where “health” is disregarded, and while lip service is paid to “accommodations” and those with disabilities, the reality of it is that such Federal and Postal workers are thrown down over the cliff as fodder for human sacrifice.

Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition no longer allows for fully embracing all of the essential elements of the positional duties required by the Federal agency or the U.S. Postal Service, know well that the Department of Health and Human Sacrifice exists for them.  Whether under FERS, CSRS or CSRS Offset, the relegation to this last bastion for infidels is the secret of modernity, kept in whispers where corridors of power and privacy prevail before being pushed down the chute of despair.

The only escape from such fated sacrifice is neither a replacement lamb nor a plan of refuge, but to prepare, formulate and file for an effective Federal Disability Retirement application through the U.S. Office of Personnel Management.  For, the Department of Health & Human Sacrifice was created under the guise of protecting the general public, when in fact its very existence is to advance the horrors as told by a generation of Orwellian drones; but, then, that is from a previous generation no longer relevant to current residents of modernity.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Attorney: The Social Security factor

For Federal and Postal employees under FERS, who now comprise the majority of the workforce in the Federal government, the issue of when to file for Social Security Disability benefits (SSDI) while concurrently filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, is often a recurring question.

On SF 3112A, at the very bottom of the standard form, there are two boxes to check with respect to whether (A) Social Security disability benefits have been applied for, and (B) whether the receipt has been attached and included with one’s Federal Disability Retirement application.

Since most FERS Disability Retirement applicants are still on the agency’s rolls as either active employees, on Sick Leave, Annual Leave or Leave without Pay, the filing for Social Security disability benefits becomes an anomaly, a puzzle and a conundrum, precisely because of the following: Ultimately, the reason why Social Security disability benefits must be applied for, is to see whether or not a coordinating “offset” between FERS Disability Retirement benefits and Social Security disability benefits will be appropriately imposed (a 100% offset in the first year of concurrent receipt of benefits where the annuity rate for the FERS Disability Retirement annuitant is set at 60% of the average of one’s highest-3 consecutive years of service; then, every year thereafter, a 60% offset during each year of concurrent receipt of Federal Disability Retirement benefits at the Federal Disability Retirement annuity rate of 40% of the average of one’s highest-3 consecutive years of service); but presumably such an analysis leading to an offset would occur if an approval by the Social Security Administration is based upon information concerning the severity and extent of the medical condition and disability, and not because a denial of Social Security disability benefits is based upon one’s status of employment.

But here is the “rub”:  Human Resource Offices often will demand and insist that Social Security disability benefits must be filed for, before the Federal Disability Retirement application can be forwarded to OPM.  Nothing could be further from the truth; but then, as gods, dictators and other power-wielding fiefdoms comprise the vast expanse of authoritative sources in the universe, it is often a good idea to go with the flow, file (with minimal effort expended), obtain a receipt which shows that one has filed, and be asked at a later date to duplicate the effort, if needed.

Sincerely,

Robert R. McGill, Esquire