FERS Disability Retirement: President’s Day 2022

There have been many of them.  Originally, this holiday was meant to commemorate and recognize our “first” — George Washington, born on February 22, 1732.  It is a habit for nations to acknowledge “firsts”, as well, we do so in our personal lives.  The “first step” of a toddler; the first day of class; the first kiss; the first time-X; and many more, besides.

More recently, the day has come to recognize all of our presidents, good, bad or indifferent.  In modernity, it has come to be a contentious point of conflict: From whether we should celebrate the life of a slave owner, to why we should give recognition to those presidents considered as less than honorable — the spectrum of opinions on the matter remains vociferous and vibrant.

For a democracy (yes, yes, we can quibble as to the difference without a distinction in contrast to a “Constitutional Republic”), perhaps that is a healthy matter, for the raging debate and intellectual discourse is always a positive characteristic reflecting involved citizens.  Regardless, let’s take the day for what it is worth, and enjoy the time remaining in each of our lives by pausing to reflect in these difficult times.

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: Who I Am & Who Am I

One is a question; the other, a declarative statement.  The latter of a more subjective nature; the former, perhaps a composite of observations by third parties together with self analysis.  Both must begin with a query — of analyzing a statement “about” myself, through others who are well-known as well as of opinions rendered and judgments passed by acquaintances and passersby strangers barely acknowledged.

“Who I am” is often answered in response to a preceding query by a third party: “Who are you?”  It might be answered with fairly objective and short statements which are incontestable: I am X’s brother in-law; I am the husband of Y; “Oh, I am Sarah’s father” (in response to Sarah’s classmate who sees you standing outside of the classroom); or, “I am nobody”.  This last statement, of course, has implications well beyond being an unresponsive nullity; for, it goes to the heart of one’s own assessment of one’s self, one’s consequential impact upon the limited universe of one’s role, and the very essence of an ego left abandoned.

The other — Who Am I — is often followed by the grammatical punctuation of a question mark.  It is often a self-reflective query — one which causes a pause, a momentary furrowing of eyebrows raised, and then a regrouping of having just previously been taken aback by a question which stabs too closely to the essence of one’s being.  Perhaps a soliloquy follows.  One will normally cast the question off with a shrug and answer the self-query with, “I am X” and then move on to take out the garbage, watch a movie, see a documentary or engage in what Heidegger refers to as an activity which allows us to forget our mortality.

Will the question inevitably haunt us and force us into facing ourselves at some point in our lives?  Perhaps.  Can we avoid the question entirely?  Maybe.  It is the former, asked by others, which fails to have the force of the latter, and merely because of the placement and substitution of positions of the two words after the “Who” that makes all of the difference.

For Federal employees and U.S. Postal workers who suffer from a medical condition and who must face the prospect of facing the question, “Who I am” in reference to one’s position and role in the workplace, it is often the medical condition itself which prompts the second, more incisive query of “Who Am I?”

Does a medical condition define a person?  Certainly, the Agency or the Postal Service makes it the primary issue by questioning one’s competence or capabilities based upon your condition.  Both questions go to the heart of the issue in a Federal Disability Retirement application; for, in the end, the Federal Agency and the Postal Service treat both questions with a foregone conclusion of an answer: You are Nobody if you are no longer part of the “Mission”, and that is why filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management becomes a necessity.

Sincerely,

Robert R. McGill, Esquire

 

Filing for FERS Disability Retirement: The Time to Decide

The process of decision-making comes in all forms: Of procrastination until one is forced into making one; of deliberative thoughtfulness until all logical possibilities are exhaustively analyzed and a default judgment is entered through rational elimination of available options; of basing it all upon an “instinct” or a desire; of randomly choosing based upon the belief that — as the universe itself is arbitrary and capricious, so should all matters be decided in a parallel fashion; of considering the alternatives and eliminating them based upon a gut-feeling; and multiple other nonconformist manners, often combining a multitude of various methodologies — if in fact one can even refer to “madness” as a method.

Regardless — whether of one method or another — there comes a “time” to decide, and that time is often relevant based upon additional factors to take into consideration: Others are dependent upon your decision; there is a time-limit on making a decision; certain contingencies have occurred which require a decision to be made; or, to simply let outside circumstances dictate the decision by deciding to engage in the act of a non-decision.

For Federal employees and U.S. Postal workers who are struggling with the decision of whether to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the question of “timing” is often decided by the extent and severity of the ongoing medical condition itself.  The anomaly of when is the “right time” is often offset by circumstances beyond one’s control: of actions perpetrated by the Agency; of the worsening of one’s medical condition; of the exhaustion of FMLA, SL and AL and the denial of extending one’s LWOP status; and the combination of any or all of the complex interaction of pressures and stresses which impact perfect timing.

Time is an artifice of relative events; often, there is no such thing as “perfect timing”; but what we do know is that there is a time to decide, and that time is when a Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s Federal or Postal position.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS: When something is determined

How do we know that a person is “good”?  Or articulate?  Or of a criminal bent?  When do we say, “Oh, the movie is too boring,” and then proceed to turn it off and go and do something else?  Or, at what point does a person determine that a book is worthwhile?

Is there a “set” point, or does it just depend upon different tolerance levels for each individual, such that some people will stubbornly refuse to give upon on X, whereas others with less patience will easily abandon any sense of loyalty or dependence?  As to the latter — of “dependence” — is there a point of unhealthy attachment even when everyone else has given up the proverbial ship?  To that end — when does “loyalty” begin to smell of foolhardy obedience to signs others would otherwise deem as self-destructive?

At what point does a person consider the ratio between toleration of a boring book or movie in comparison to the potentiality for a better ending, and continue on the trek of boredom in hopes of realizing a greater and more exciting future?  Are there character-traits by which we can determine a “healthy” sense of determination as opposed to a weak-willed willingness to be trampled upon or waste one’s time and energy?

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 “when” of determining — as in, “When is it time to file for Federal Disability Retirement?” — is something that must be gauged according to the uniqueness of each individual circumstance.

Certainly, when the Agency begins to initiate adverse actions; certainly, when a doctor or health care provider recommends such a course of action; and, certainly, when it becomes apparent that the Federal employee can no longer perform one or more of the basic elements of one’s particular Federal job.

When something is determined — it is an important analytical judgment that must be decided in light of the fact that preparing, formulating and filing for FERS Disability Retirement benefits is a long and complex administrative, bureaucratic process, and consultation with an experienced attorney who specializes in Federal Disability Retirement Law is a first step in determining that which is important to determine when something needs to be determined about.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Advocate

 

OPM Disability Retirement: Answering the question

What constitutes “answering the question”, and more importantly, how does one determine when its opposite occurs — NOT answering the question?  Does the former occur if the questioner fails to follow up, and does the latter become an issue if the person asking responds with, “That doesn’t answer my question,” or some such similar declarative assertion?

Take the following hypothetical:  Person A asks Person B, “So, where do you come from?”  Person B answers, “The skies of Normandy were grey on that June day in 1944.”  Now, Person A could have various responses to such a statement, as in:  1.  “No, no, I asked where you came from.” 2. “Are you telling me that you come from Normandy, France?”  3.  “That doesn’t answer my question.”  4. Or, silence, with no follow-up.

Person B, of course, could similarly respond in variegated ways, as in:  A.  “I just told you.”  B.  “Yes” or “No” (in response to the follow-up question, “Are you telling me that you come from Normandy, France?”).  C.  Silence, or “Yes it does.”  D.  Nothing further.

It may be that Person B simply has a poetic bent, and from his perspective, the mundane query was answered in a metaphorical, literary manner.  More to the point, however:  Who determines if a question has been answered (leaving aside the further query of whether the answer itself has “sufficiently” or “fully” been responsive to the question) — the one who asks, or the one who answers?

In a normal conversation, of course, the issue rarely comes about; in an argument where one or the other side, or both, are trying to get answers and defeat the other side, the heat of the moment may determine the answer to the question; and the penultimate paradigm of the question, “Who determines whether the question has been answered?” occurs in the highest form during a deposition or cross-examination in the legal arena.

Observing what occurs during a court proceeding is an interesting experience of human behavior; of the back-and-forth between counsels and the witnesses being deposed or examined, as in:  “You didn’t answer the question.”  “Yes, I did.”  “I asked you…”.  “Asked and answered.”  “Objection, the question has already been asked and answered.”  And on and on until a singular point is pursued to an exhaustive level ad infinitum and ad nauseum.

Is the issue of what constitutes an answered question somewhat akin to the question or “original intent” — i.e., that just like an author’s original intent as to the meaning of a written document is what should rule, similarly, the person who asks the question has the sole power to determine whether or not the question asked has been answered, and moreover, adequately and sufficiently answered?

For Federal employees and U.S. Postal workers who are beginning the process of preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, these questions concerning the “answering of questions” will and should come to the forefront when confronted with the questions asked on SF 3112A, Applicant’s Statement of Disability.

Inasmuch as the U.S. Office of Personnel Management has promulgated the questions in a carefully-crafted manner, there are some inherent pitfalls and dangers in what constitutes an adequate response, a sufficient answer and the complete delineation that rises to the level of a satisfactory statement.

SF 3112A is replete with unanswered questions within the very substance of each question, and the answers you provide are best guided by an attorney who has had the experience of legal encounters previously, and who specializes in the Law of Federal Disability Retirement.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement from Federal Government Employment: Stamina

The Latin origin refers to “threads” and the foundation of a fabric; of endurance, strength and the power to resist.  It is the energy that is sustained, propelling the essence of a person’s illuminated core that lasts despite the destructive tears and moth-eaten wear that may slowly deteriorate the woven fabric that slowly untangles the aggregate of the cloth.  Fabrics are peculiar entities; there are enough analogies made of them, of the correlative concept that the singular threads poses the threat of weakness and inability to survive, but the collective aggregation with each additional reinforcement provides an almost invincible compendium of strengthened stalwart.

How does one cut through such a wall or obstacle?  By going back to the origins and roots – by cutting one thread at a time where the fray is shown or the weakness manifested; and thus do illnesses, viruses and medical conditions begin to deplete the human stamina that once possessed the power of endurance and energy to resist.  It may begin with a short period of illness, where the system’s immunity is attacked.

At first, the body still has the collective energy of reserve to easily fight off the infection.  Then, however, work, life and responsibilities compel one to do the very opposite of that which the body requires in order to recover – instead of resting and allowing the reconstruction of one’s immunity, the body is forced to undergo the stresses of modernity by going back to work, being compelled to endure despite the weakened state, and by sheer power of will, to ignore fatigue, sleep and the call for peaceful rest.

Then, by the body’s internal mechanism of using stored spurts of petrol, with the internal coursing of adrenalin to become the lifeblood of fueled turbo-infusions, a functional state of recovery is felt; except that, by chance, fate or bad luck, a regressive second stage is brought on by a subsequent attack, a recurrence of the illness or some other foreign invasion, and further debilitation occurs.  It is at such a critical juncture that we often make the mistake of trying to get a “quick fix” to the problem, and either ignore it, push through or fail to recognize the danger-symptoms.

Stamina requires rest and restoration in order to maintain the warehouse of vitality; it is meant for the long haul and the constancy of endurance for the period of human life.  By abusing the privilege of the woven fabric gifted, we allow for the edges to fray and the vulnerability to become exposed.  The natural need for rest is a luxury we can no longer afford in modernity, and so we push onward despite the warning signs imminently cautioning such paths of self-destruction.

For Federal employees and U.S. Postal workers who are contemplating 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, the dual challenge must be faced:  First, the acceptance of one’s medical condition and disability, and the use of one’s stamina to endure that new state of acceptability; and, second, to push through the lengthy process of preparing, formulating, filing and waiting upon the administrative morass of a Federal Disability Retirement procedure.

In the end, the Federal and Postal employee who by necessity of a medical condition must undergo the complex bureaucratic process of filing a Federal Disability Retirement application, will have to utilize the stored stamina that is the fabric of life, and continue to maintain the frayed threads of that vital energy which is the essence of beginnings.

Sincerely,

Robert R. McGill, Esquire  
OPM Disability Retirement Lawyer

   

OPM Disability Retirement from Federal Employment: Far-Flung Universes

Each generation tells a generic story reflective of the times; and thus did the Great Depression era produce movies and epics with undertones of escapism from the harsh realities of life; of the 60s, the fear of nuclear holocaust and the confrontation of the Cold War; of the following decade revealing the hesitation for  technology and its pervasive intrusion into the privacy of our lives; and so on, so the anxiety, fear and loathing goes.

Throughout, people escape in their own private ways, through daydreaming, imaginative time-travels as in the classic short story by James Thurber depicted in, “The Secret Life of Walter Mitty”; and other times in nightmares and dreams controlled only through the breaches in our subconscious.  It often seems as if the far-flung dimensions and dominions of hope save us only through living in those other-world universes, if only for a moment, a period, a time and a day.

Vacations and weekends only delay the inevitable, and then the harshness of who we are, what we have become, and where we are going, all come crashing back, like the rolling waves of thunderous whitecaps which bellow in the echoing chambers of the far recesses of our minds.

For the Federal employee or the U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to threaten one’s livelihood, resulting in the Federal agency or the U.S. Postal Service beginning subtle (or not so) noises of increasing pressures through adverse actions, like unpleasant abdominal groans which should remain private but echo out into the public domain, it may be time to escape the escapism of the alternate universe and become “real” by considering 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.

Other and far-flung universes offer hope beyond dreams, but when the dream is shattered by the progressively deteriorating forces of a present-day reality, it is time to travel back to the origins of reality, and face a full-frontal confrontation of what the pragmatic steps of day-to-day concerns must by necessity bring, and begin to prepare, formulate and file for OPM Disability Retirement benefits.

Alternate dimensions indeed reflect the times one lives in, and may even represent a pleasant moment in time, a respite away from the harshness of today’s reality; but when the awakening occurs, one must shake away the cobwebs of fantasy, and face the serious concerns of one’s angst-filled day, as the medical condition will not go away, the Federal agency and the U.S. Postal Service will not fade, and the fight to survive will remain as real today as it will be tomorrow.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Conceptual Relationships

Word associations are revealing.  When once a word is uttered, the immediate association of another concept provides a prelude to the cognitive perspective of an individual.  Conceptual relationships are forged through upbringing, personal experiences, and memories fulfilled through impact, trauma, significance of meaning, and attribution of value.  The thinking “I” within the subjective realm of a personal universe, is made up of ghosts of the past, goblins of present fears, and gadflies yet to swarm.

Medical conditions, and terms associated with diagnoses and disabilities, whether physical or psychiatric, tend to engender fear and loathing, precisely because of the limitations they impose, the havoc they wreak, and the problems they present.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact the ability and capacity to perform the essential elements of one’s Federal or Postal job, the option of choice to resolve the impending problems of unbalance — of the growing and magnified inability to juggle work, medical care, and physical/cognitive/emotional health — is to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset.

No, it is not a perfect solution.  Yes, it is an option which is final, in the sense that one is retired from the Federal System.  But when alternative courses of actions are delimited within the purview of pragmatic choices, conceptual associations must be tempered within the objective realm of reality.

The moon may well be made of blue cheese, and such conceptual associations can be wrought within the realm of Platonic Forms and cognitive gymnastics; but in the real world, conceptual relationships must by necessity be forged within the iron ore of a witch’s cauldron brewing the germinations for future discourse.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Benefits under FERS, CSRS or CSRS Offset: Times of Reflection

There is never a time when reflection should not be part of one’s arsenal of daily living; but too much reflection, during “down” times where interludes of rumination can become a compound for exacerbated worrying, may result in unnecessary turmoil, and ultimately of impotent inaction.

Having a medical condition will often force an acceleration of tumultuous worrying, for it impacts one’s future, questions the stability of one’s present, and magnifies wrong turns and decisions made in the past.  But it is the combining of a tripartite approach which provides for effective leadership in any matter:  evaluation and analysis of the problem; initiation of affirmative steps to be taken; and follow-up to ensure application and conclusion to a process begun.

Being in a purgatory of sorts, or suspended through indecision, can often be a seemingly harmless state of being, precisely because nothing is happening; but in the void of nothingness, the fact of failure in progress may be the greatest harm of all.

For Federal employees and U.S. Postal workers, filing for Federal Disability Retirement benefits when a medical condition impacts one’s ability to perform one or more of the essential elements of one’s job, is just such an affirmative step which has to be taken in order to secure one’s future.

Federal Disability Retirement is an administrative, bureaucratic process which can only be secured if the Federal or Postal employee initiates the process through one’s agency, en route to filing with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  It has many stages; multiple potential pitfalls; and a continuum of administrative difficulties.  At each stage of the process, there are bureaucratic requirements which must be timely met.

There is, in life, a time for reflection, and a time for action; the former can be accomplished at the leisure of civilized society where culture, creativity and a coalescence of classics can converge; but the latter must be through sheer will in the context of need, and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset is a combined effort of both reflection and action, where the former spurs the latter into fruition.

Sincerely,

Robert R. McGill, Esquire