Federal Disability Retirement under FERS & CSRS: That carefree child

Whatever happened to him or her?  That child who would shrug the shoulders, move on to the next thing and be free of worry or concerns.  “Carefree” is not a synonym for “careless”, or even of “uncaring”; rather, it is the capacity and ability to maneuver throughout this complex universe without allowing for life’s burdens to weigh upon one so heavily that past events prevent future actions of progress and advancement.

That child that is now lost was caring; he or she was also careful in every endeavor, every project and helpful in many ways; yet, that same child was known to be carefree.  Where is that child, now?  What happened such that life interrupted, anxieties developed and stresses multiplied?  Does that same child – now a hunk of an adult sitting in the corner somewhere – stay up at nights worrying about tomorrow, “stressed out” about the next day, paralyzed with panic about the future?

Often, the troubles we face within the confines of our own minds are greater in horror and imagined size, than the reality that is actually to occur.  Depression, anxiety, panic attacks, bipolar spectrums of manic and depressive phases, coupled with suicidal ideations, agoraphobia and other psychiatric diagnoses – these can comprise the lost paths of a child who is no longer carefree, but has grown into adulthood and experiences the commonality of society’s growing problems, exponentially expanded because the rest of society has indeed become uncaring and careless in its treatment of that child who was once carefree.

If that once-carefree child has become a Federal or Postal employee who is suffering now from the cares of the world, and the medical condition no longer allows for the Federal or Postal employee to perform all of the essential elements of the Federal or Postal job, it may be time to consider 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.

Filing for Federal Disability Retirement benefits will not be the solution to all of life’s problems, but it can at least begin to pave a path towards “coming home” to a time that we remember, when that carefree child walked about with less of a burden and more of a smile.  Federal Disability Retirement is meant to do that – to allow for the Federal or Postal worker to focus back upon one’s health and well-being and not become burdened with the stresses of work and performance, where love is anything but unconditional and the summer days of tomorrow may still have some warm moments to enjoy.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement: Evidence of Sincerity

We question it; contest it; challenge when necessary by bringing up counter-evidence that seems to undermine it; and we all act with outrage and become highly offended when our own underlying intent is questioned, as if everyone else in the world is suspiciously lacking of it with the exception of one’s self.

“Sincerity” is a funny animal, and evidence of it is like the bond between the wrong committed and the arena of court applied: preponderance of the evidence?  Clear and Convincing?  Or, Beyond a Reasonable Doubt?

The choice depends upon the gullibility of the beholder and the relationship between the teller and the believer; then, for some, a breach and violation of a single instance forever condemns without recourse of forgiveness.

What is the evidence of sincerity?  Is it merely words upon words, or must actions follow, and constancy and consistency of behavior?

Take the following hypothetical: Person X says that he will meet you for lunch at Time-T, at location Y, and so at Time-T, at location Y, you go and wait.  And wait.  Person X never show up.  A few days later, you see Person X and you remind him that there had been a luncheon agreement, and why didn’t you show up?

Example A: The person apologizes profusely and reveals that he/she became gravely ill and was taken to the hospital at that very moment, on that day, during the time of the luncheon date.  Example B: The person says: “Oh, I found something better to do,” and essentially casts you aside.  Example C: The person (who has a wide and well-known reputation for being “flighty”), explains: “Oh-my-gosh!  I completely forgot!  I really meant to be there but I just completely forgot about it!”

Obviously, most of us would respond to each with: Forgive persons A and C; be angry at B.  Why do we react like this?

Again, the obvious answer is: We presume sincerity on the part of A and C (though, as to C, we give some leeway for a reputation preceding the doing, and if we were unaware of that reputation, we might want to proceed by putting the person on a “probationary” status of wariness and suspicion for the next time); as to B, the person has explicitly reversed any semblance of sincerity, and has told us to essentially go fly a kite.

Now, change the hypotheticals slightly: As to A: We later discover that he was seen precisely at Time-X to have been out and about with another person, and was never in the hospital.  In other words, he lied.  And as to C: Whether “flighty” or not, the person never honors a commitment, and consistently makes promises but each time breaks them.  In other words, whether sincere at the time or not, that person can never be relied upon.

And as to the problematic B: We later learn that at that very Time-T, he was actually in the hospital caring for his dying spouse, but did not want to burden you with the long and tragic narrative of his personal trials, and furthermore, his reputation prior to the promise broken is so far out of character that it had left you scratching your head with befuddlement in the first place.

Who, out of these examples, ends up being the “sincere” person, and what is the evidence that changed your mind?

Evidence of sincerity is often a touchy subject, where reputation, reality and roles of engagement coalesce to provide the “full” picture.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that a Federal Disability Retirement application must be prepared for submission to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the evidence of sincerity is often important in assessing friends, coworkers and trusted individuals in the dissemination of sensitive medical information.

Appearance cannot always be trusted; reputation, perhaps; but in the end, the evidence of sincerity is often merely a gut instinct that tells you who to trust and why.

Sincerely,

Robert R. McGill, Esquire

 

Federal Medical Retirement under FERS & CSRS: Plato and Play-Doh

If a person says to another, “Have you used Play-Doh” and he answers, “Well, yes, but only as it applies to certain situations in my life.  Otherwise, I tend to rely upon Aristotle in a more pragmatic, scientific approach.”

Somewhat taken aback, the inquiring mind restates his position, saying, “No, no, I meant, have you played with Play-Doh?” Still not distinguishing between the inserted alternative of a consonant (the “D” in Play-Doh as opposed to the “t” in Plato), the responding individual states again, “Well, conceptually Plato is difficult to ‘play with’, as you state it, in that you have to first understand the conceptual paradigms he posits, then…” and the same person goes on to provide a full-fledged, half hour dissertation on the esoteric aspects of a Dead White Irrelevant Philosopher (otherwise known by the acronym, a “DWIP”).

At this point, frustrated, the inquisitive interrogator walks away, throwing his hands up in complete confusion and befuddlement.  What does one do?  How is the incommensurate encounter resolved?  Question: Does the fact that we “hold” in the base of our minds a certain spelling of a word make a difference as to intent and deliberative motive, when what we “speak” out into the objective world makes the receptor of the word, phrase or sentence interpret it as something different from that image that we behold in our minds?

How does one close the chasm between subjective thoughts and objective reality?  Do we approach it in a different way – and does the problem really remain in the subjective domain of the questioning individual insofar as he or she is unable to, incapable of, or otherwise unwilling to alter the originating course of his posited query?

In other words, shouldn’t the person have restated his conceptual query in the following manner: “Oh, I see.  You must have misunderstood.  I am talking about ‘Play-Doh’ – the clay-like substance that we all used to play with as children, and I thought I saw some when I visited your house the other day.”  To which the responder should appropriately state, “Ah, I see now.  You must excuse me. I am concurrently reading Plato’s Dialogues and I mistook your question to be referring to that.”

It is, then, the capacity to listen carefully, to recognize the response given, then to respond back appropriately and relevantly that often dissipates any compelling reason to become frustrated.

Similarly, for Federal and Postal employees who are attempting to respond to the U.S. Office of Personnel Management’s subsequent queries, or even in response to the Statement of Disability’s questions (SF 3112A) that need to be answered, the Federal or Postal employee who is attempting to formulate an effective Federal Disability Retirement application must take care in bridging that gap between subjective reality and objective communication.

There are many “tricks” to the “trade”, and OPM has probably dealt with them all; but the one trick that OPM cannot ultimately ignore, is the tricky web of legal precedents and prior MSPB and Federal Circuit Court decisions that compel them to act in ways that they cannot forego.  Legal argumentation is an art form that should not be ignored, and whether you are asking about Plato or Play-Doh, remember always to include in any Federal Disability Retirement application an effective legal argument that persuasively argues the legal precedents applicable in your case.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Meaning of life

Most of us are too busy to pause for air, reflect upon theoretical, hypothetical or philosophical issues that have little to do with day-to-day living or earning wages in order to maintain a certain standard of living.  Every now and then, however, when the tumults of life’s encounters reaches a pinnacle of unsolvable problems such that the stressors exceed the barometric pressure allowable for the human psyche to withstand, there is a compelled stoppage, a mandated cessation and a forced condemnation to rest.

It is, in short, called a “medical condition”.

It is when we become debilitated, destroyed, distraught and disillusioned that we begin to ask such universal, exhaustive and unnatural (by this term is meant with a rhetorical question:  What other animal in nature asks such questions, and thus do we posit them as “unnatural”) to the core queries that, as Bertrand Russell once wittily quipped, is likely the result of indigestion.

What do we mean when we ask such questions; of looking up at the ceiling with furrowed eyebrows and inquiring, “What is the meaning of all of this?”  It is, of course, the focal point of “this” that one must then turn to, for such a word is obscure, undefined and like a blank space to be filled, can be interpreted in an eternity of ways depending upon the context of the query.

Is the “this” referring to the pain, suffering and debilitating medical condition being experienced?  Is it about the “unfairness” of it all and the fact that others seem to be roaming this earth carefree, careless and thoughtless as to one’s pain, whether physical, emotional or cognitive?  Or does the “this” reference the connection of all of that striving, the hours and commitment to work – of a loyalty to a Federal Agency or the Postal Service who cares not about your medical condition, may not have even noticed your absence (at least for the time being until someone finally notices the pile of work backing up on the desk of that…what was her name?) and likely thinks of individuals as mere cogs in a wheel, replaceable and fungible.

In the end, Russell was probably right; such questions about the “meaning of life” are beyond the comprehension of any level of rationality, belief or coherency that has any real impact upon our lives to make a true difference.  What really matters, in the end, is not that “philosophical” query about the meaning of life, but about human contact, relationships, and securing a future for ourselves and our families.

To that end, preparing, formulating and filing a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset is an important next step for the Federal or Postal employee who can no longer continue in the career position of his or her choice.  For, filing an effective Federal Disability Retirement application actually does answer the question, “What is the meaning of ______”; it may not be the grand concept of “life” itself that completes that blank, but it sure beats walking away with nothing by obtaining an annuity to secure one’s future so that other things in life may be enjoyed.

Sincerely,

Robert R. McGill, Esquire