Medical Retirement from Federal Employment: If not X, then at least Y

Many such contingent annotations are in the form of:  If not illegal, then at least unethical; or, if not unethical, then at least lacking of propriety, etc.  It is the pathway to a lesser acceptance, where the focus of one’s aspiration is lowered because of the inevitability of discovering that evidence insufficient will be uncovered.  Thus can one go on ad infinitum in various but similar forms:  If not happiness, then at least some semblance of contentment; if not a soul mate, then at least someone to share my experiences with, etc.

But what if that “replacement” standard turns out to be less than acceptable over time, through duration of toleration, and during cold nights when boredom no longer excites in playing pinochle while the kids are asleep?  Or, if the infractions and constant infringements persist with no end in sight, and no appropriate definition of a violation such that there are penalties to be ascribed and consequences to be felt?  Do we then accept an even lesser paradigm, and if so, how do we know that such diminution and diminishment of acceptance won’t again be averted and avoided?  Thus, do we assert:  If not X, then at least Y; but if Y doesn’t work out, then at least Z; and so on?  When first one submits to the acceptance of a lesser standard, the proverbial horserace has already been lost.

In negotiations, in contractual disputes, in attempting to come to terms, etc., the sign first evidenced of conceding the lesser standard is the first indicator that the slippery-slope has just begun.   There are instances, of course, where the opposite is true, as well, except that we can rarely discern beneath the surface appearances.  That is what Federal and Postal workers who suffer from a medical condition, such that the medical condition impacts the Federal or Postal employee’s ability and capacity to perform the essential elements of the Federal or Postal employee’s positional duties, must face and accept daily – the conflict between an aspirational paradigm of hope, and the reality of daily pain and anguish.

Thus, for the Federal or Postal employee, we have:  If there is lesser pain today, perhaps I can last through the day; If I show that I am productive this week, then maybe the supervisor will just leave me alone, etc.  As if, “lasting through the day”, or just “being left alone” for a week, a day, an hour, etc., are acceptable standards for living life?  That is why abandonment of all prior paradigms must often be employed in the journey of life, career and fortitude of endurance; we tend to cling on to categories of an “ought” no longer applicable.

For the Federal employee and U.S. Postal worker who can no longer endure the acceptance of the lesser standard when there is an alternative to the constant suffering and persistent harassment at the Federal agency or the U.S. Postal Service, fortunately, there is the ongoing benefit of a Federal Disability Retirement annuity.  Even for that, the road is still difficult and arduous, for the U.S. Office of Personnel Management, the agency that determines all disability retirement applications, does not merely “hand out” the benefit.  Like everything else in life, it must be fought for.

But, then, the Federal or Postal worker who fights for a Federal Disability Retirement benefit can retrospectively declare:  “If not the constant and daily struggle, then at least an annuity to secure my future” – the “exception” to the rule, where the lesser is in fact the greater, but is not always apparently so.


Robert R. McGill, Esquire


Medical Retirement from Federal Employment: The Trader

We all think we are the “best” at it; and, indeed, that is one of the espoused qualifications boasted by one of the major party’s candidates:  a greater deal-maker, the penultimate trader.  Such a person claims to be able to spot the jewel in the hidden crown; the uncut diamond in the quicksand of life; and the unrevealed luminosity in a universe covered in the abyss of vacuity.

We all like to think of ourselves as that great horse-trader – the one who can spot a good deal when we see it, and walk away from a sour one left unidentified for another sucker to be conned.  The problem is that our egos tend to be greater than the wisdom of our own estimation.  There is a reason why, in the United States, “self-esteem” hits records of affirmation and acknowledgement; we keep telling ourselves how great we are, and all the while others prove worth by accomplishment and sheer toil.  That used to be our lot – of toil, despair and exhaustion from hard work; now, we believe in ourselves, and so it must be so.

There was a time when trading well meant surviving for another season; fur traders, commodity exchanging and transference of goods and services – these were the substances by which lives were lived.  The introduction of money as the prevailing source of exchange placed an interrupting force within the evaluative process of trading.  For, no longer was one thing transferred by direct possessory exchange for another, but the purchasing means became dependent upon a common currency for that exchange.

We lost the “eye” for direct exchange, and instead relied upon outside sources to determine the value of goods and services; and if one acquired a greater amount of currency, then the value itself of exchanging with that currency became diminished; and thus was born the evil of inflation.  There is no inflation in a primitive economy of direct exchange; for, what is immediately needed, desired and traded for, constitutes the direct value of the currency involved.

Then, of course, there are less “material” issues for the good trader.  There are “trade-offs” which must also warrant a “good eye”, in that a person must be able to evaluate, assess and analyze current circumstances, future needs and predictability of contingencies unexpected.

That is where the good trader in a Federal Disability Retirement case comes into play.  For, the Federal employee or U.S. Postal worker who suffers 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 position, must be able to evaluate all of the vicissitudes of life’s misgivings, and make the “trade-off” between current work and career, future needs and potentialities, and engage the proper decision in moving forward (or not) in preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether under FERS, CSRS or CSRS Offset.

For, being the natural trader all of us are, and believing that our self-esteem depends upon the efficacy of our trading instincts, may not be enough to survive in this life; it often takes an evaluative methodology of acknowledging the “trade-offs” one must accept or reject, in order to survive, and the first order of a trade never to make is the one that concerns one’s own health and well-being.  For, that is an invaluable commodity which has no equivalence of worth possessed by anyone else in order to constitute a fair exchange under any circumstances, and that is why preparing, formulating and filing an effective Federal Disability Retirement application reflects the greatest trade of all.


Robert R. McGill, Esquire


Medical Disability from Federal Employment: Predatory Pathologies

It is unnecessary to study the tendencies of other species and their internal drive to be who they are; for, it is presumed, the innate structure of their genetic makeup becomes the paradigm for self-explanatory justification, and like all conundrums of deviations from synthetic or analytic statements, the self-identity of the process itself makes it abundantly unclear.

Predators are by their very nature self-identifying; it would be a nonsensical proposition to ask the question, “Why”, in connection with the lion or cheetah that hunts and kills; or for the hawk, eagle, and even the household cat, despite their fuzzy beauty of cuteness and domesticated aplomb.  But of man, we question incessantly; of the long history of wars, cruelty, mass murders and genocide, the paradigm is one of puzzlement despite the footprints of self-explanatory consistency.

The need to act civilized in an antiseptic universe of artificial constructs jolts one back into the reality of who we are when deviations from such carefully created models shatter the very essence of our imagined parallelisms of worlds built upon virtual realities, and so we cry for such aliens who never were.  Barbarism tends to do that; and simple meanness in the workplace often shocks.

For Federal employees and U.S. Postal workers who suffer such rude awakenings, perhaps it is because of the disconnect between what we thought we were a part of, and the reality of what is.  That “disjointedness” is often easily attributable to the “medical condition” from which one suffers, and to which everyone else points for justification of bad behavior.

For, the Federal or Postal employee who suffers from a medical condition, where the medical condition impacts and prevents the Federal or Postal employee from performing one or more of the essential elements of one’s positional duties, the focus becomes the Federal or Postal employee, and the predatory pathologies which erupt and shed their thin veneer of civilized behavior become justified because of the loss of “mission accomplishment” of the agency, or some such balderdash of scientific explanation.

The plain fact is that there are bad people in the world, and no amount of studies of predatory pathologies will help to set aside the negative behavior of people within Federal agencies or the U.S. Postal Service.

The solution for the Federal or Postal worker who suffers from a medical condition, such that the medical condition prevents one 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, is to file an effective Federal Disability Retirement application through the U.S. Office of Personnel Management.

Let the Federal agency and the U.S. Postal Service worry about the “mission of the agency”; that will continue with or without you, as all bureaucracies do, just as predatory pathologies will persist despite multiple studies to the contrary.


Robert R. McGill, Esquire


OPM Disability Retirement: Simplifying the Complexity of a Case

Have you ever had a technical person explain things in the mysterious jargon of his or her specialized field?  Or, the one who breaks it down into coherent components and translates it into a language game which is comprehensible?

Those in the former category are usually quite impressed with themselves, and are happy to hear the sound of their own voices as the supposed explanatory interlude maintains a semblance of technical competence superior to the audience of targeted turmoil.

The latter populace does what few have come to recognize:  competence is not determined by mere superiority of technical knowledge, but the ability and capacity to apply the knowledge, reduce it to its simplified contents, then provide an explanatory foundation through reduction of complexities into manageable form.  Otherwise, the esoteric nature of any discipline will be governed by every schmoe who can master the language game, without actually acquiring the technical expertise in the application of select knowledge.  For, in the end, the test of sincerity of words is not a compounding of further words, but of actions following up with a revealed understanding of both what was said, as well as done, in any given context.

Similarly, the fact that the salesman can talk the lingo of technology does not mean that he or she can fix a broken computer; it just means that the salesmanship is a learned volume of nice-sounding paragraphs.  For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent one from performing one or more of the essential elements of one’s job, the entrance into the universe of Federal Disability Retirement may be an option which must be entertained.  It is a surreal world of new terms, technical contents and definitional strangeness which constitutes a complexity beyond mere words, simply because the consequence of decisions made today will impact choices governed by tomorrow.

Can the complexity of the Federal Disability Retirement process be simplified such that comprehension of the bureaucratic procedures can be understood for its administrative context in the importance of both process and substance of content?  Because Federal Disability Retirement involves statutes, regulations and court case-laws of precedence from previous cases challenging various aspects of the process and substantive issues, the complexity of the entire venue is based upon the cumulative aggregate of decades in the making.  But of that larger universe of process and procedures, what splinter and slice is actually relevant to one’s particular case?  Probably a very small portion.  That is the focus which should be taken.

When one enters an arena of mystery, it is difficult to determine the relevance within the context; and relevance requires selective content and re-creating of one’s own context.  For Federal and Postal employees who need to file 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, the importance of simplifying the complexity of one’s own case should be governed by information, knowledge, and selective application of relevance and required completion of necessary content.

Try this for a change, as a test of the principle of knowledge and application:  enter one of those chain-gadget stores and hand the know-it-all salesman a gadget needing repair, and see the language game of competence turn to a stuttering paragraph of excuses and explanations about how the complexity of the component is simplified by the simple justification:  Not my Department.


Robert R. McGill, Esquire


OPM Disability Retirement Attorney: Avoiding the Pedantic Prophet

Doomsayers are everywhere, and in every generation and region of thoughtful pronouncements, prophets foretelling of anticipated events await to ring the ears of those who desire future confirmation of that which was already expected.

Beyond the general prophesy of future events, however, is the one who focuses upon minutiae and details irrelevant to the greater paradigm of events.  It is like the man who was informed that major surgery would be necessary, and oh, by the way, the scalpel to be used is made by a German manufacturer whose great uncle was related to Lord Byron.  Interesting tidbits may be relevant in limited circumstances; one should avoid the pedantic repetition of facts, events and details which detract from the main theme of a narrative.

In preparing a Federal Disability Retirement application, filed through the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset, part of the process must involve the preparation of a Statement of Disability as required by completion of Standard Form 3112A.  Certainly, details can be important; but a meandering rambling of peripheral issues detracting from the centrality and essence of one’s case, can not only become a self-undermining proposition, but annoying as well.

Begin the narrative with the focus upon the condition, then build upon that with reverberating ripples of riveting prose of significance and tactile tenses entailing direct links to positional requirements.  For, in the end, a Federal Disability Retirement application is a person’s story, told in narrative form, as a paper presentation to OPM which must be singularly focused, coherent and comprehensively conveyed.

When the world is foretold of coming to an end, one does not want to know the color and make of the undergarment to be worn by your neighbor; at best, it distracts; at worst, it may well reveal a privacy concern you did not want to stomach.


Robert R. McGill, Esquire