FERS & CSRS Disability Retirement: Observing Dogs

They belie conformity of thought, though they are willing to obey and follow strict adherence to rules and commands; and while “experts” in clothing of meandering letters, capitalized after the patronymic lineage displayed proudly as designators of validity and knowledge, may conclude that they neither smile, nor exhibit greater intelligence than primates deemed closer to our ancestral genetic heritage, what constitutes a test of possessing such a quotient is often irrelevant to defining the species.

They can defy; they can doubt, and be suspicious; anticipate by mere thought or look; and know the scent of danger from miles afar, long before any human capacity to fathom such instinctive acuity.  We think we are the great observatories of behavior and time; but dogs can as well decipher with watchful eyes, and smell the aroma of turmoil and disease, oftentimes long before a diagnostic tool can determine the course of future treatment.

We can learn much from observing dogs; for, while we may marvel at the obedience displayed, we mistake such adherence to commands as mere acts of automatons, as opposed to the want to please and the love they possess.  And how much of one’s life is characterized by a need to please, even when it is refused and countermanded with cruelty and crass contempt?

For Federal employees and U.S. Postal workers who continue to remain in a Federal or Postal job, despite all indicators from their bodies, minds and spirits to leave for the sake of health, is it any different than the observations gleaned from dogs who obey despite the cruelty of a contemptible master?

It is like the famous quote from Hemingway, that in modern warfare, a man will “die like a dog for no good reason.”  Sometimes, obedience and adherence is nothing more complicated than a desire to please, and to “stay the course” because no other way is known or shown.

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 no different than the curse of the cur; and while we may applaud our own superiority by making grand conclusions based upon observing dogs and other creatures, the wonder of it is what those observing dogs must consider of our own plight, as fellow mongrels in a universe replete with stupid cruelty.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Jobs: Canards and Caustic Characters

Life is tough enough without having to deal with unfounded rumors, mongering of fears (the term “fear-mongering” is itself an interesting one, denoting a tradesman or merchant who specializes in the sale of specific goods, and thus implying a commerce of black-marketed ideas connoting instability, undesirable and shady commodities) and encounters with unpleasant invertebrates masking as human beings.

Canards float throughout workplaces like pheromones released and attracting species of a similar ilk, and suddenly the ravages of the herd mentality provoke a carnivorous feast of mauling and prey-stalking.  The “fix” is in, and you know it, and wait for it to come, like the inevitability of a season’s change and the waxing and waning of the crescent moon; only, when it is you as the bulls-eye target of caustic characters, the eternity of time in anticipation of the forthcoming tidal wave and onslaught of adversity seems like the slow travel of a singular teardrop down the dry gullies of a pock-marked surface.

For Federal employees and U.S. Postal workers who are in need of 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, that feeling of impending doom is familiar, close, and nevertheless unpleasant.

Agencies of the Federal kind (we speak not of State, County or Local ones, as this author has no knowledge of their characteristics and internal workings, although one may presume that, by stint of metaphor and symbolic comparison, there may be a kinship between and betwixt) and the U.S. Postal Service have a reputation to uphold, and the prevailing one always seems to involve canards and caustic characters, especially when it comes to treatment of fellow Federal and Postal employees with medical conditions, such that the medical conditions begin to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s positional duties.

When the time comes — and the inevitability of when and how the Federal agency or the U.S. Postal Service will conduct itself is never without a shade of doubt — as to the need for filing for OPM Disability Retirement benefits, hopefully the Federal and Postal employee will leave the scene of the crime and go on with life with an OPM annuity, with mere memories of fading glories, for this canards and caustic characters who are left behind to boil in the meanness of their own making.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Lawyer: The Disadvantage of the I-Thou Perspective

People tend to expect the best results; and when a Federal or Postal employee files for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the applicant who is unrepresented and prepares, formulates and files the Federal Disability Retirement packet on his or her own believes that an approval is forthcoming at the First Stage of the Process.  Yet, often unaware and unbeknownst to the Federal or Postal applicant, the lack of separation between the I-Thou construct fails to provide a proper perspective of objectivity.

Allow me to expand and explain:  As the Federal or Postal employee who experiences the medical condition (the “I”) is the same person who prepares, formulates and files the Medical Retirement application (the “thou” from the perspective of the U.S. Office of Personnel Management), any sense of objectivity is often lost because the I and the Thou are one and the same person, and the Federal or Postal employee who experiences the medical condition is simultaneously the same one who is seeking an approval of the OPM Disability Retirement application.

Of course, that same scenario is repeated even if the application is filed through a Federal Disability lawyer (in the sense that the Federal or Postal employee still seeks to obtain an approval from OPM) with one major exception:  there is another “thou” perspective included and involved — that of the Federal lawyer representing the Federal or Postal employee who is seeking to have a Federal Disability Retirement application approved.

Objectivity is a crucial component of a Federal Disability Retirement application; that is why so many “silly” mistakes are injuriously embraced without self-knowledge or with disengaged awareness.  It is like the cook who loved the taste of arsenic, and thought that everyone else should as well; and so he sprinkled the deadly poison onto his own food and enjoyed the taste of his own creation, only to slowly die from the feed of his own foolishness.

There are many “kinds” in the arena of foolish endeavors:  There is the “quantitative approach” (“I sent them thousands of pages of treatment records”) which fails to ask the question, Who will read it all?  There is the “trusting soul”:  “I just signed a release and had them send it all directly to my Human Resource Office”.  Then, there is the person of naive disbelief:  “How could they not approve it with the medical conditions I suffer from?”

The problem with all of these is the lack of objective perspective; the I-Thou connection is now given the distance, separateness and objectivity necessary to determine the viability and effectiveness of each and every piece of the puzzle needed to put together a proper Federal Disability Retirement application.  Are there ever any guarantees in life?  No.  Can a lawyer who specializes in Federal Disability Retirement laws make a difference?  Yes.

Fortunately, unlike the metaphor arising from the cook and the salsa of arsenic, there are multiple stages within the administrative process of pursuing Federal Disability Retirement benefits through OPM, and a denial at the First Stage of the bureaucratic pathway is not irreversible, and does not result in the inertia of life rendered by ingestion of substances otherwise tasty but harmful.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Things That Just Happen

Rarely do things “just happen“; that is why most of us believe in a purposive, teleological universe, and seek reasons and rational foundations in origins, contexts and logical consistency.  Whether that is how the human mind is structured, and for evolutionary advantage gained for survivability, conferring dominance and favorability weighted towards those who seek explanation and intelligibility, thereby preventing the making of mistakes multiple times; or, perhaps, it is merely a sense of humor bestowed by the gods.  Look at Aristotle’s Metaphysics; the very definition of knowledge is inextricably intertwined with seeking and grasping first principles, causality, and the origin of effects.

Thus do writers become a member of a profession by writing; airplanes fall out of the sky because of mechanical failure or an intervening cause; and economies crumble because market forces respond to human foibles.  But medical conditions which intervene and disrupt a person’s career, future and health, are often viewed as unfair anomalies precisely because there is often no adequate explanation as to their manifestation upon a particular person, at a given time, for a known reason.  They merely disrupt.  There may be “medical” reasons — of why an injury occurred, what the probable origins of genetic proclivity, etc.  But the reasons sought out by the one who suffers — why me? — can never be answered.  It is one of those rare occurrences that “just happens”.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition interrupts and disrupts the linear career path because the medical condition itself prevents the Federal or Postal employee from performing one or more of the essential elements of one’s job — the option of 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 something which must be seriously considered.

Life is often unfair, and the difficulties which are encountered in the tenuous path of those who seek to live by reason and rationality, are fraught with bumps and cavities if disruptive interludes. Medical conditions and the reasons for their onset — not the medical reason of origin and sterile voices of genetic predilection — but the “why me?” question, is often unanswerable.  It is usually just a circumstance which must be dealt with, and filing for OPM Disability Retirement benefits is a way of “buying time” in order to maintain a causeway of teleological illusions in order to further avoid those things that just seem to happen.

Sincerely,

Robert R. McGill, Esquire

 

Federal Medical Retirement: The Coalition Forces

One hears much these days about the importance of forming a coalition of forces before engaging an offensive action; and, indeed, there is the old adage of having strength in numerical superiority, and the sense that a consensus of opinions and cooperation of numbers results in an increased chance of success.

Quantitative composites can mask a disarray of qualitative forces, and the security in numbers can somewhat compensate for lack of internal cohesion.  But what if you are the target of a coalition of forces, albeit one that is merely bureaucratic in nature, and administrative in pragmatic application?

That is how the Federal employee or the U.S. Postal Service worker often feels, when applying for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether one is under FERS or CSRS.  And not only that, but the “attack” comes at one’s most vulnerable point:  when a medical condition is involved.

Filing for OPM Medical Retirement benefits is tantamount to going up against a coalition force:  One’s own agency; one’s own Supervisor; one’s own Human Resource department; one’s own coworkers; and then to contend with trying to obtain the proper and sufficient medical documentation in order to show eligibility and entitlement (yes, there is a distinction with a difference between the two concepts), on top of filling out the vast array of standard forms (SF 3107 series for FERS employees; SF 2801 series for CSRS and CSRS-Offset employees; SF 3112 series for all three, FERS, CSRS and CSRS Offset employees).

The medical condition itself, of course, is the vital point of vulnerability, and it is as if the coalition forces are fully aware of those weak points, and attack them relentlessly.  OPM Disability Retirement, the process of filing, and the agencies which make up the linear progression for filing — all together can appear to comprise a coalition of forces which, without necessarily working in coordinated concert of thought or action, can aggregately defeat an OPM Medical Retirement application.

The singular warrior of the target — the FERS, CSRS or CSRS Offset Federal employee or U.S. Postal Worker — must use all of the administrative and legal tools available, in order to go up against such a behemoth of bureaucratic gargantuan proportions.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Psychiatric Disabilities — Origin versus Situational (Continued…)

The “origin” of a medical disability, from the perspective of a Claims Representative at the Office of Personnel Management, may be relevant for purposes of adjudicating a Federal Disability Retirement application under FERS or CSRS.  Note that physical disabilities rarely become an issue in the context of the origination of the medical disability, precisely because it is irrelevant whether or not a medical disability occurred on the job or not.

The origin of a psychiatric disability, however, is potentially relevant from OPM’s perspective, because it may give rise to the argument that it is a “situational” disability — one that is contained, limited, and ultimately circumscribed within the situation of the particular office of the specific agency in which the Federal or Postal Worker works.  

Thus, from this argument, the logical extrapolation is that while the Federal or Postal worker is unable to work in the specific office or location, he or she is nevertheless able to perform all of the essential elements of the particular job — but in another agency, another office, another location, etc.  Thus, the concept of “situational disability” arises, with the consequential argument that one is in fact NOT prevented from performing one or more of the essential elements of one’s job — but rather, it is the “situation” which is at fault. This is why the citation of correlative EEOC complaints, hostile work environment accusations, etc., are dangerous to make in the context of filing for Federal Disability Retirement benefits under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire