Federal Employee Disability Retirement: Smelling the roses

It is a simplistic attitude, but one whose truism dominates and attracts: to enjoy life and have the capacity to relish in it.

“Stopping to smell the roses” is all well and good to declare when you don’t have much to do, or when you are in a position to reverse life’s onward march; however, for most of us, the stresses of daily living, of trying to make a living, and of the uncontrollable demands that beset us every day, undermines the advice of the sage: yes, tranquility can reflect a healthy mind and slowing of pace can lead to longevity and stave off mortality’s inevitable decline; but how does one contend with and control modernity’s screaming frenzy?

The appendage to the image of “smelling the roses,” of course, is the admonition to “pause” or “stop and” take the time; but is our loss of olfactory sensitivity a result of our lack of use?  How many of us even notice the scent of a flower, whether when we walk into a room or meander along a country path? Instead, most of us sneeze with irritation, beset with asthmatic symptoms of allergic disdain, and view such niceties as merely one of life’s obstacles to overcome and ignore.

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 job, the concept of pausing and “smelling the roses” is the last thing to consider, and life’s travails will only continue to shout and scream to prevent such a prosaic declaration.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management will not necessarily allow for greater time to smell those roses, but it will allow for more time to attend to one’s own health — and isn’t that the point?

We take for granted our health, but when our health begins to deteriorate, the stresses begin to compound and exponentially aggregate.

Smelling the roses comes only after the priorities of our life have been placed into proper order, and preparing, formulating and filing for Federal Disability Retirement benefits when it becomes necessary is the first step towards reaching for the ultimate paradigm of life’s resistance to the stresses inherent and overwhelming: Health; life; relationships — then, to pause in order to smell the roses.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement from the OPM: The person who wasn’t

It sounds somewhat like a Hitchcock film — or, is that too archaic a reference these days?  Is Hitchcock a film director whom nobody knows, anymore — another person who wasn’t?  Or, more precisely, “Isn’t” but was?  Is that the greatest fear of most people — the negation that erases, and why immortality and the existence of an afterlife is so important?

It is like Berkeley’s problem of the disappearing room — it is easy enough to imagine that when we exit one room and enter another, the first or previous one still exists in quite the same manner as when we last observed it (with the exception, perhaps, of a mouse scurrying along the baseboards or someone else entering the room while we are gone, changing the placement of the furniture, sitting down and smoking a cigar and changing the atmosphere in the room, etc.) — and the definition of “existence” as tied to our capacity to observe or perceive an object.

It is the thought of our erasure from existence that is the fodder for fear; yet, the self-contradiction of such a fear is so obvious as to logically obviate such a fear, but it doesn’t.  For the contradiction goes as follows: Our fear is based upon our thought of an event that cannot be, precisely because our erasure from the image formed by the thought cannot remain since we no longer exist; yet, it is the prevailing image of non-existence that haunts even though the image would not exist except during the pendency of our existence in formulating that image.  Existence reminds us of immortality; non-existence, of our vulnerability.

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, remember that the mere telling of one’s intention to file for Federal Disability Retirement benefits may trigger a host of reactionary retributions by the Federal Agency or the Postal Service, and so one should be carefully cautioned, guided and counseled by a lawyer when considering entering the administrative arena of filing for Federal Disability Retirement benefits.

It is as if the information about filing for FERS Disability Retirement benefits is a reminder of one’s mortality — that a medical condition that impacts you reminds those at the Federal Agency or the Postal Service that it could also happen to them — and thus the Federal Agency or the Postal Service moves quickly to erase such reminders by initiating adverse actions, harassing you, intimidating you, etc. — so that such reminders can quickly be erased in order to make you into the person who wasn’t.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Wisdom amidst noise

There is much of the latter, and too little of the former.  Further, the latter tends to drown out the former, and while it is the former which should gain prominence within the spheres of influence, it is the latter that dominates and strangulates, leaving only the emptiness of seeming profundity and relevance so that what remains is the hollowness of inaneness.

Do we consult the Aged?  Or, in this era of modernity where the cult of youth predominates, is it back to the blindness and ignorance of Plato’s Cave?  Noise is more than the drowning sounds of a multitude of chatter and drum beats; it is the sheer volume of words spoken without meaningful discourse.  How many corners in forgotten Old People’s Homes reside the wisdom of timeless insight, and yet they are left to shuffle about and stare with vacant eyes upon a world that cares only for celebration of the young.

There is noise; then, there is wisdom amidst noise; the question is, Do we listen and can we learn when the din of irrelevance takes the form of profundity when logic is lost in a world that has renounced rationality in favor of celebrity?

Those old dusty books — of Plato’s Republic to Aristotle’s Nicomachean Ethics; the writings of the Medieval Scholastics; of Schopenhauer, Heidegger, and of recent vintage, almost anything written by Roger Scruton — who reads any one of them, anymore, and less likely, do we approach them with curiosity as once in the child’s eyes wide with want of wisdom in search of it?

Wisdom is a rarity in a universe of noise, and it is the noise which deafens for timeless eternity.

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, it is important to seek wisdom as opposed to the noise of the moment.

Federal Disability Retirement Law is a complex bureaucratic process which involves many levels of administrative perplexities, and while there is a lot of hype and noise “out there” among H.R. Specialists, coworkers and even among lawyers, it is always the best course of action to seek wise counsel and advice, and to be able to distinguish wisdom amidst noise.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: That promising future

One doesn’t have to have been that “golden boy” to have an inkling of a promising future; there just needed to be some hope, and a taste of success.  Perhaps you came from a background where expectations were low; where higher education was a mere afterthought and nothing beyond an exclamation of gibberish and fantasy.

Was success defined by negation?  That if you didn’t do X, avoided Y and prevented Z, you were considered an anomaly and deemed as one of those who “made it”?

Yet, you exceeded; perhaps night school; whatever the cost, of however the pathway, that promising future that was never guaranteed, rarely spoken of and deliberately left silent but in the fertile imagination of a seeming dream; and the expectation of negation was met and exceeded, precisely because the goal post was never set within sight of grasping, but a mere filament that failed to light any hope of a promising future.

Yet, reality has a tendency to quash the daydreams of even butterflies, and a medical condition can alter forever the course of time and tenacity.

For Federal employees and U.S. Postal workers who once thought that a career under FERS meant a promising future for the duration of one’s life, and who never expected to be saddled with a medical condition that created a circumstance of negation, consider filing for FERS Disability Retirement.  Medical conditions tend to become that negation of hope, when in fact it may merely be an alteration of course.  Perhaps that promising future was too narrow a vision.  Maybe a change of mindset is all that is required.

Federal Disability Retirement is merely a recognition that there is an incompatibility between the medical condition suffered and the type of job one is in.  It does not mean that you cannot work; in fact, you are allowed to make up to 80% of what your former Federal position (“former” because, upon winning an approval of a FERS Disability Retirement claim from OPM, you are then separated from Federal Service) currently pays, and still continue to receive the Federal Disability Retirement annuity.

Just remember that the “promising career” was never defined by naysayers or those who lacked belief; it was always defined by your own drive, and for Federal and Postal employees whose once-promising career became curtailed by a medical condition, the “promising” part of conjunction can still be in the future.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Structure and Content

The former provides the form; the latter, the character of the entity.  It is the duality in combination which creates the ability to identify the particular being in an Aristotelian manner — as opposed to the more generalized definition of “Being”.  Without the largest organ of the human body — one’s skin — the “content” of that which separably identifies one individual from another would be lost, and we would all be mere aggregations of various organs not necessarily organized in any coherent way.

Similarly, in any presentation of a written form, it is important to plan the structure and content such that the former allows for coherence and ease of understanding while the latter compels the force of persuasion to impact upon the reader.

In preparing a Federal Disability Retirement application to the U.S. Office of Personnel Management under FERS, it is important to provide both structure and content in order to enhance the chances for an approval at any stage of the process.  For, the Federal or Postal applicant who is preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, one must first recognize that such an application is a “paper presentation” to OPM, and thus does structure and content both matter.

To merely focus upon “content” — i.e., medical records; the words in the Statement of Disability (SF 3112A) is to overlook the persuasive nature of the structure of the application itself.  Conversely, to concentrate too heavily upon the structure of the FERS Disability Retirement application — the forms to be filed; the “checklist” of necessary and required paperwork — is to underestimate the power of content.

The two must be formed [sic] in tandem; and a persuasive and powerful legal memorandum that provides both a roadmap as well as content-filled legal citations is a “must” in every FERS Disability Retirement application, and this should be formulated and prepared by an experienced Federal Disability Retirement Attorney who specializes in, and is fully knowledgeable of, Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Explanation & Justification

At what point does an explanation begin to sound like a justification?  Is it when it becomes apparent that there is a personal stake involved?  Does the objectivity of an explanation lose its own justification when it becomes clear that the intended explanation crosses over into an attempt to justify the personal actions or beliefs of an individual?  Can an objective explanation justify a person’s actions without appearing as a justification; and do all justifications involve a personal stake, such that it goes beyond mere explanatory exposition?

Are all justifications “merely” an explanation with a personal stake, and are all explanations ultimately a justification for someone, somewhere, about something?  Why is it that an apparent explanation that turns into an obvious justification suddenly loses its credibility and sense of objectivity?  Is credibility itself gained if a third party provides the justification for someone else, such that there is no “personal stake” involved, and does such a third party’s explanation just as quickly lose his or her credibility if there is a “personal” relationship connected with the person for whom the explanation & justification is being made?

There is certainly a fine line between an explanation and a justification, and for Federal employees and U.S. Postal workers who are suffering 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, filing for FERS Disability Retirement benefits through the U.S. Office of Personnel Management may be the best option to choose from — and, when completing the questions posed on SF 3112A, Applicant’s Statement of Disability, it is well to keep in mind the distinction between “explanation” and “justification”.

Always keep in mind the words of Queen Gertrude in Shakespeare’s Hamlet, when she said, “The lady doth protest too much, methinks.”

Explanation on SF 3112A is good; explanation that begins to bleed of justification may raise some red flags.  To mitigate the distinction between the two, the Federal or Postal employee may want to consult with an attorney who specializes in Federal Disability Retirement Law, to lend credence to an objective approach in preparing, formulating and filing an effective Federal Employee FERS Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire