OPM Disability Retirement: Meaningful turns

How many turns do we make on any given day?  Not just actual ones, like those turns while driving a car, but figurative ones, as well.  If a person approaches you and asks, “Did you make the right turn?” — what is the response?  Is there a “right” answer?  Is there a relationship in the English language between the terms “right”, “left” and the physical attributes we possess?

If a person tells of another, “He’s way out in left field,” is that because we attribute the term “left” with residues of the negative?  And, how did the terms “left” and “right”, when referred to in politics, come to have a meaning of equivalency?  Was the fact that right-hand dominance was historically preferred to left-handedness, to the extent that teachers once used to punish those students who naturally attempted to utilize their left hands in handwriting, drawing, etc., account for the linguistic dominance and preference given to the term “right” as opposed to “left”.

Do we understand the concept with greater presumption when a person says, “He made a left turn and got lost,” even if the person actually made a right turn and found himself in an unfamiliar neighborhood?  And what of “meaningful” turns – are there such things, as opposed to spurious and meaningless ones?  How often we confuse and conflate language with figurative speech and objective facts; and then we wonder why most people wander through life with confusion, puzzlement and an inability to cope.

Russell and the entire contingent of British linguistic philosophers, of course, attempted to relegate all of the problems of philosophy to a confusion with language – and, of course, only the British, with their history of Shakespeare and the sophistication of language, its proper usage and correctness of applicability could possess the arrogance of making such an argument.

But back to “meaningful turns” – in one sense, in the “real world”, every turn is meaningful to the extent that we turn and proceed towards a destination of intended resolve.  But in the figurative sense, it refers to the steps we take in mapping out consequential decisions.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of the Federal or Postal worker’s position and duties, the “meaningful turn” that one must consider should by necessity ask many questions:  How long can I continue in this job?  What are the consequences of my staying, both to my health as well as from the Agency’s perspective?  How long before my agency realizes that I am not capable of doing all of the essential elements of my job?  Will my excessive use of SL, AL or LWOP become a problem with the agency?  And what about my health?

These are just a series of beginning questions on the long road towards making one of the meaningful turns that confront the Federal or Postal employee in the quest for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement Help: Caught in the world in-between

It is a purgatory of sorts; of the netherworld where twilight is a constancy of confusion, and when neither dawn nor dusk, between summer and winter, or of cognitive clarity and conundrums of confusion reach the pinnacle of an infinite maze.  Do we prefer clarity to confusion, or the light of dawn to a period “just before”, when consciousness of thought is suppressed or prevented by a darkness befalling thoughtful perspectives impeded by streams of dancing oracles upon a seamless stupor?

It is often uncertainty which tires the soul.  For, while wealth is preferable to destitution, and employment to its opposite, it is being caught “in-between” which engenders uncertainty and angst of future plans, and that is likened to a form of hell.

When a Federal employee or a U.S. Postal worker first learns of a medical condition — whether from an accident or injury on the job, or during a foray into uncharted recreational activities, it matters not for purposes of meeting the criteria for eligibility in a Federal Disability Retirement application submitted through the U.S. Office of Personnel Management — the weariness of time and the toll of uncertainty is often worse than the failure of resolution encountered through therapy, medication regimens, surgical intervention and the long delays in recuperation and rehabilitation.

It is that “waiting” which becomes the agony of life, for the questioning and incessant pondering resulting therefrom haunts the soul:  What will the future hold?  What will my job do?  What are they planning?  The “what”, the “when” and the ultimate “why” becomes a reverberating echo of repetitive songs unwavering in their monotony of questions forever unanswered.  For, it is the unanswered question and the unstated discretion of silence which makes for waiting to be just another agony of life’s challenges.

To be caught in the world “in-between”, where future plans are delayed because the present remains in a muddle of soft mush, and when past actions fail to concretize a pathway for mapping current stability, is a state of existence which is tantamount to a purgatory of eternal uncertainty.

For Federal employees and U.S. Postal workers, it is thus important to take some action and begin the process of filing for Federal OPM Disability Retirement.  Wishful thinking will not make the medical condition go away; and while hope is always a basis for future planning, one often knows early on, within the core of one’s soul, whether the injury or medical condition which prevents the Federal or Postal worker from performing the essential elements of one’s positional duties will resolve to an extent possible in order to return to full duty.

It is not knowing which is the true hell of existence; and to remain caught in the world in-between is often a choice — albeit a bad one — which is based not upon want of certainty, but enmeshed in the essence of human tragedy, when delay prevented that split-second decision that could have avoided the disaster.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Confirmation of Worth

Recognizing the value of Federal employees with medical conditions

Diamonds demand it and markets survive by it; investments grow or shrink according to assessed worth, and relationships are maintained by the relative perspective of individuals entangled.  Worth, or the value of a thing, is determined in a capitalist society as a result of increase in demand, and scarcity of supply.

But what of the worth of an individual, as opposed to an inanimate object?  Do we treat it in the same manner?  Should it be?

When first the concept of “human capital” was introduced to the lexicon of capitalist verbiage, it was meant to convey the value of workers in a society consumed by material wealth; but over time, one could argue that the very introduction of such a concept on an equal footing with valuation of goods and services, only resulted in demeaning and dehumanizing the uniqueness of each individual.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact one’s ability and capacity to perform the essential elements of one’s job, that very concept of the equality of value between one’s humanness and the worth of services provided, is all too real.

Suddenly, it becomes apparent and self-evident that the two are inextricably entangled:  One’s worth as a human being cannot be separated from the value of the work provided.  The compound concept of “human” and “capital” are inseparably linked, like siamese twins sharing a vital organ, never to be surgically extricated, forever compartmentalized into a conceptual embrace of blissful togetherness.  But that is precisely the time when the value of the individual should be recognized, apart from the worth of the services provided.

A medical condition which prevents the Federal or Postal worker from performing one or more of the essential elements of one’s job, should be valued independently, until the medical condition can be resolved.  But as agencies fail to do this, so the Federal or Postal worker has an option to maintain his or her dignity throughout the process:  to file for Federal Disability Retirement benefits, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, through the U.S. Office of Personnel Management.

As value is a relative concept, so the confirmation of worth is relative to the capital investment which a society is willing to put up with; and the confirmation of the worth of an individual should always be paramount in viewing the pinnacle of human essence, as above the primates of an evolutionary yesteryear, and just below the angels gently strumming the harps on a morning when the breeze whistles a tune of hope.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Days of Sisyphean Drudgery

The Myth of Sisyphus is well known, both because of the philosophical essay written by Camus, as well as through the Greek mythological narrative of the condemned figure to toil in endless meaninglessness, by rolling the boulder up the hill, only to watch it go down, and to repeat the process all over again.

For Camus and the existentialist viewpoint, it is in the very act of absurdity itself that meaning and significance can be derived; for the Greek citizen of yesteryear, it was perhaps the circularity of the human condition which provided for relevance in the telling of the myth. In either extrapolation, the powerful and profound story provides for an image of consequence in this modern age of technological overload, where causes are no longer believed in, customs no longer adhered to blindly, and social constraints no longer attached by meaningful obedience.

The absurdity of daily toil has come to a fruition point, where the great expanse of information in the age of the internet now destroys any definitional meaning, either in words, relationships, or for lives and livelihoods.  Crisis points often infuse momentary meaning in meaningless and mindless midpoints; and so, at the pinnacle of balance, just as the boulder meets the midpoint of the hill and balances for a millisecond upon the hill before “deciding” to roll forward, the point of reflective relevance engulfs Sisyphus within a frozen moment of infinity.

Medical conditions often have a similar effect and impact upon a life; for, in the turmoil of trauma, one asks those reflective questions as to the mundane:  what does it all mean?  What is the point?  But perhaps such questions of eternal queries last only for a brief moment in time, before pain, fear, angst and anxiety overtake; and in this physical world where materialism and the scientific narrative prevails and predominates, getting beyond pain and through the day, only to experience insomnia and unsolicited loss of solace is not enough to attain a meaningful existence.

Are there solutions?

For Federal employees and U.S. Postal workers who suffer from a condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s positional duties, there is a likening of the work performed with the Sisyphean plight of the Greek mythological figure:  the greater bureaucracy representing the scene of turmoil; the medical condition representing the task itself; and the heroic feats of the meaningless in the context of the greater significance of life, surviving medical conditions and getting beyond pain, despondency, depression and anxiety, and the exit one attempts to find in order to escape from such a condition, leads one to that moment of absurdity and balance of the boulder at the pinnacle of the hill.

For the Federal employee and the Postal worker, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS or CSRS, is a way to attain a level of restorative capacity in order to escape the vicious circularity of the toil which only further exacerbates one’s medical condition.

While never the answer to all, obtaining OPM Disability Retirement benefits allows for one to move forward, and to progress beyond the absurd.  Otherwise, the disabled Federal employee or the injured U.S. Postal Worker may find him or herself caught in the web of another narrative put forth by another well-known existentialist philosopher, entitled, No Exit.

Sincerely,

Robert R. McGill, Esquire

The Genotype-phenotype Distinction and Disability Retirement Benefits for Federal and Postal Employees

The distinction is important in the study of genetics, where the genotype represents the entirety of one’s hereditary information contained in one’s DNA, whereas the phenotype represents the manifestation of that genetic heredity received and retained by any given individual. In simple terms, it is the inner/outer distinction, or in Aristotelian terms, the substance/accident representation, or further, in Platonic characterization, the form/appearance description of the world. It provides for a fascinating study of the theory of evolution, the plasticity and adaptability of a species, and the capacity of survivability within the greater context of environmental pressures and influences.

For the Federal employee and the Postal worker who suffers from a medical condition, such that the medical condition begins to impact one’s ability/inability to perform one or more of the essential elements of one’s positional duties, the concept of the genotype-phenotype distinction is peripherally interesting to understand, in the following way: The internal struggles eviscerating one’s capacity to perform the Federal or Postal job, will sometimes remain unobtrusive and lacking of evidence by all appearances.

The “phenotype” of a Federal Disability Retirement case may be represented by good performance reviews, lack of awareness by one’s supervisor, and an agency which fails to recognize the struggling Federal or Postal employee. The “genotype” is often the “inner” struggle, characterized by profound fatigue (how does one quantify cumulative exhaustion?), chronic pain (if only pain were color-coded, where white is on the lower spectrum and red is at the extreme end), the where the Federal or Postal employee pushes one’s self to the limit of absurdity until one is ready to collapse in an effort to perform the essential functions of one’s job.

The problem of appearance-versus-substance, or that which is seen as opposed to the hidden reality of a thing, is not a new or unique one. In the context of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, however, whether the Federal employee is under FERS or CSRS, and whether the Postal worker is under FERS or CSRS, it is important to make clear and bring to the surface that which is unrevealed, and that will normally come about through generating an excellent medical report from one’s treating doctor.

Ultimately, a Federal Disability Retirement application is based upon the medical opinion of one’s treating doctor, and the “genotype” of an effective Federal Retirement application must comply with the requirements of the law, the criteria for eligibility, and the expression of that genotype into a coherent representation in the form of a “phenotype” in the preparation, formulation and submission of a Federal Disability application, though OPM, whether one is under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement Law: Leaving behind the Corybantic Dance Hall

Employment which fails to accommodate one’s disabling conditions is inherently and obviously detrimental to one’s health; when it exacerbates and further deteriorates, it is all the more time to consider parting ways.

Dancing is a medium of enjoyment and entertainment which is a passing cultural phenomena. The rhythm of two people in a constancy of coordinated steps and movements; the self-centered, egoistic age of the modern era denies the ability or capacity to engage in such in-tune embracing of efforts.

Ugliness, in contrast to the beauty of graceful dancing, is characterized by lack of coordination, stumbling, singularly separated movements lacking in attention to other motions; a self-centered continuum of disjointed gyrations. Agencies are like dance halls. Some are replete with coordinated rhythms of bodies moving, graceful in efficiency of stylistic constancy. Others reveal an ugliness and uncaring attitude, like two drunkards lost in worlds of self-pity and attending only to one’s selfish needs.

Federal employees, early in their careers, are invited to various dance halls, and the choices made may have changed over the years.  Perhaps the music has changed; there is a new DJ at the helm; or maybe the frenzied lack of gracefulness was less bothersome in one’s youth.  But at some point the dance hall itself, and the participants of such ugliness, have come to the fore, and it may just be time to leave it all behind.

Chronically ill Federal employees or injured U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, must sometimes leave behind the dance hall, the music, and the partners with whom one once danced.  Federal Disability Retirement is an option open at the exit door of the corybantic dance hall. It is an administrative process which is submitted to the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal worker is under FERS or CSRS.

As time passes by, the frenzied antics of one’s youth may need to be left behind, and filing for Federal Disability Retirement benefits through OPM may be a necessity in order to attain a level of calm and quietude, away from the dance hall which contributes, exacerbates, or exponentially quantifies one’s medical conditions which need attending to in order to consider any future at all.

Sincerely,

Robert R. McGill, Esquire

The Social Security Factor on the FERS Disability Retirement Claim

For the FERS employee, whether as a Federal, non-Postal employee, or as a Postal worker, who intends to file for Federal Disability Retirements benefits through the U.S. Office of Personnel Management, the administrative process of filing for Social Security Disability benefits (SSDI) is a bureaucratic involvement and, by some accounts from Human Resource Offices of various Federal agencies, there is the view that the Federal Retirement application cannot be process by OPM unless and until SSDI is also filed.  This is not true.

While SSDI must be filed, and a receipt of such filing shown to the U.S. Office of Personnel Management, the purpose of such filing from the standpoint of OPM is not to compare or evaluate the enhanced eligibility status of a FERS disability retirement applicant by seeing whether or not the Social Security Administration will approve or disapprove one’s claim (that would be too logical, inasmuch as there is a higher legal standard of essentially “total disability” under SSDI, and so an approval by Social Security Disability standards should then automatically invite approval by OPM) — although, under Trevan v. OPM, there is certainly a basis to invite such a legal analysis.

No; the only reason why OPM wants to see a receipt of an SSDI filing, is merely for purposes of cross-checking whether or not a monetary offset should be applied if both SSDI and FERS Disability Retirement annuities are concurrently paid.  And, even then, it is often the case that the 100% offset in the concurrent receipt of payments from an OPM Disability annuity and SSDI in the first year, and the subsequent years of 60% offset of payments, will not be applied, and OPM will come back years later demanding the refund of the overpayments resulting from the failure of OPM applying the offset.

Most Federal employees and Postal workers who file for Federal Disability Retirement benefits will continue to either work to a limited extent, or at least remain on the rolls of their Federal agency or the U.S. Postal Service during the long waiting time during the process of filing for Federal Retirement benefits from the U.S. Office of Personnel Management and, as such, there will be an automatic denial from the Social Security Administration because of income considerations for the year in question, etc.

The simplest solution to Human Resource Offices demanding and insisting that SSDI must be filed for before an OPM Disability Retirement application is processed and forwarded to Boyers, PA, is to file online, get a receipt, and be done with it. Then, if OPM requests that the applicant file again at a later date to determine if a denial from SSDI was truly based upon one’s disability (or lack thereof), or because of income considerations, then that can be done with greater effort after one has received a Medical Disability approval from OPM.

This is a world of bureaucracies, and the rules, however lacking of a rational foundation, needs to be adhered to and complied with.

Sincerely,

Robert R. McGill, Esquire