Federal & Postal Disability Retirement: Preparing the case

For some reason, Federal and Postal workers who “prepare” and submit a Federal Disability Retirement application, do so without much thought as to what is entailed by the entire process.

They will often rely upon what the “Human Resource Office” tells them — of forms to fill out, what form to give to the doctor, the form to give to the supervisor, etc., and will spend more time trying to figure out the confusing life insurance form than in preparing the Applicant’s Statement of Disability (SF 3112A) or the legal precedents that govern Federal Disability Retirement Law — and then, when it gets denied at the Initial Stage of the process and the Federal or Postal Disability Retirement applicant goes back to the H.R. “Specialist” and asks, “Well, what do I do now?”, the response is: “That is not our problem; that’s a problem you have to deal with.”

Accountability is not known to be a commonly recognized characteristic in a Human Resource Office, and while there are never any guarantees in life, in any sector or endeavor, at a minimum, when one is being “assisted” and guided through an administrative process, it is important to know whether or not whoever you are relying upon will see you through to the end.

Why the Federal or Postal employee who begins the process of preparing, formulating and filing a Federal Disability Retirement application does so without the same care, scrutiny and comprehensive approach as one does in “other” legal cases, is a puzzle.

Federal Disability Retirement — whether under FERS, CSRS or CSRS Offset — is as complex a case as any other, and should be approached with the same intensity, technical application and expertise as a patent and trademark case, or a complicated medical malpractice filing.  For, a Federal Disability Retirement case involves every aspect of any other type of complex litigation — of the proper medical evidence to gather; of meeting the established legal standard in order to meet the burden of proof; of citing the relevant legal precedents in order to persuade the reviewer at the U.S. Office of Personnel Management; and presenting a compelling description to a “jury” at OPM that one has met the nexus between “having a medical condition” and the inconsistency inherent with the positional duties required, etc.

In the end, preparing the case for submission of a Federal Disability Retirement application involves greater complexity than what the layman can normally account for, and as the fine print in those television commercials state involving sporty vehicles maneuvering at high speeds, you may not want to try this on your own.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Information: Truth and Falsity

There is much discussion about the nature of truth and falsity in our world — if, indeed, shouting and counter-shouting constitutes discourse rising to the level of a “discussion”.  Whether there is Truth with a capital “T”; or are there various versions of multiple “truths”, where my truth is just as valid as your truth, and falsity as merely the negation of yours at the sacrificial behest of mine?

There are apparently “truths”, “alternative truths” and “parallel truths”, and perhaps all of them can “get along” and vie for the vaunted position of the lofty “Truth” with the capital “T”, so long as we all don’t roll upon the carpet with laughter within our bellies demeaning the statements made by various politicians claiming a corner of their truth as opposed to the truths that we all know to be true.

The truth is, Truth can take various forms, and it is the subtle distinctions that are lost in the inane discourse of modernity where relativism, lies, inaccuracies and the capacity to conflate and confuse have made it all “bosh”.

To begin with, there is a presumption of a truthful statement — otherwise, the entire concept of a “lie” would become meaningless.  Then, of course, there are statements of truth that are contextually relevant, as in the statement, “I am staying home today with my sick child.”  If such a statement were to be declared on another day, it may be an untruthful statement.  Furthermore, personal experiences attached to statements undermine the objectivity and universality of the utterance, as in the simple declarative, “I feel good today”.

The very concept of truth and falsity is much more complex than the simple and inane discussion that has developed from the recent discourse of truths, alternative truths and what constitutes factual statements, inaccurate ones or outright lies; but suffice it to say that most people can recognize the difference between truth and falsity, just as people know the difference between day and night even if there are shades of twilight and dawn.

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 his or her Federal or Postal job, the distinction between truth and falsity is represented by the stark reality of the medical condition itself, and may often determine the course of future actions yet to be contemplated.

The truth:  The medical condition is beginning to impact my ability to perform my job duties at work.  The falsity:  If I just ignore everything, it will all just go away and I will wake up from a bad dream.  And the subtle distinctions like the dawn of light or the quietude of twilight: Federal Disability Retirement is not something that I want to choose, but it is the best option available for my situation.

Sometimes, it is not the stark choice between Truth and Falsity that matters, but the option taken must take into account the contextual reality of what is —that is, if you can even know these days what the definition of “is” is.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: The jolt that alters

Second chances are hard to come by; they rarely release the powers constrained and tentatively restrained for future redemptive actions taking those steps back, words erased from regrettable and thoughtless splices of life; and even when the opportunity is provided, it is precisely for the same reason that the One who visited and descended within the historicity of this world refused to restate that which had already been taught once; for, no matter how many times it is stated, reiterated and disseminated, the power of forgetfulness and deliberate self-justification to not do something is so ingrained in the humanity of man’s imperfection that one wonders whether any jolt that alters has an impact for very long.

There is, of course, the story of Saul of Tarsus, who on that famous road had such a shock of conversion that no amount of persuasive argumentation would alter the alteration consumed, and from that time, others have attempted to tell a narrative of similar power, conversional trauma and cataclysmic vicissitude; but they all miss the point.  It is not the narrative itself as told by one’s subjective experience, but of the experiential phenomena itself.  Trying to copycat the original is like the forgery of a masterpiece; somehow, whether it is the tone, the quality or the vibrancy of lack, there is an imperceptible difference that makes all the distinction in the world.

Medical conditions often provide the jolt that alters; suddenly mortality becomes a reality, the end seems nearer than in those youthful days when invincibility was the cornerstone of dare and foolhardiness, and fractures bones were mere brushes with defying the gods of fate, and we laughed in the face of weaklings who dared not advance.  Age has a way of bottling and distributing the laughter of gods that once seemed immortal, and it is the weakness of our essence that tends to bubble upward into the heavens of forgotten mythologies.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition becomes the jolt that alters, it may well be time to prepare, formulate and file 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.  For, in the end, it is not so much the jolt that makes the difference, but the alteration that compels movement forward into a future that may be obscured by fear and loathing, but a necessity that nonetheless must be faced; for, the jolt that is disregarded and ignored is that very one that will force the alteration, whether by choice or by freedom of will.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Possibilities to pursue

In one sense, it is nonsensical to ask the question:  “Is it possible to…?”  For, is there any limitation to the concept of the possible?  Isn’t it possible that there are Martians on Mars, but in a parallel universe unseen and concealed from the human eye?  Isn’t it possible that the room you leave disintegrates molecularly, then reconstitutes itself the moment you reenter?  Isn’t it possible that it will rain tomorrow, despite the national weather service predicting otherwise (this latter example is actually not too absurd, as it is a regular occurrence experienced by most)?

Does it alter the significance and qualitative relevance of the query if, instead, we exchange the word with “probable”?   Does probability by numerical quantification of possibility negate the extremes and unfettered boundaries of the possible?  Does a statistical analysis make a difference – say, if a “scientist” asserts that the chances of Martians existing on Mars in a parallel universe unseen is 1-in-1 Billion (as opposed to 1-in-999 million – i.e., are such statements and declarations really accurate at all?) – to the extent that it somehow replaces with credibility the conceptual construct of the possible?

It is all very doubtful, and beyond some cynicism of puzzlement and suspicion that such statistical assertions constitute a perfection of any reasonable methodological approach, the reality is that for the person who is struck by lightening while golfing on a sunny day, that 1-in-a-trillion chance is negated by the 100% probability that he or she was, in fact, in reality, struck by lightening, no matter what the statistical analysis declares.

In the end, probability analysis places some semblance of constraints upon the fenceless conceptual paradigm of possibilities, but it is the latter which compels man to attempt feats beyond the probable, and it is the former which places a reality check upon the limitless creativity of fools, madmen and eccentric geniuses throughout history.

For Federal employees and U.S. Postal workers who are considering the possibility of pursuing a Federal Disability Retirement application, whether the Federal employee or U.S. Postal Worker is under FERS, CSRS or CSRS Offset, the question often constraining is the probability consensus of “success” – and, yes, that is a consideration that the reality of a bureaucracy and administrative process should face and take into consideration.

In the end, the possibility of a successful filing can be enhanced by the probability factors that are required by law:  A methodological approach; a supportive doctor who is willing to provide a narrative connecting the dots between the medical condition and the essential elements of one’s positional duties; a systematic legal argumentation that provides a “road-map” for the Administrative Specialist at OPM; and an understanding that the possibilities to pursue can be qualitatively quantified by the probability of supportive documentation.  Go figure.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: On the spectrum between fear and overconfidence

The “what ifs” of life tend to predominate; then, from the deep recesses of brute carnality, where evolutionary Darwinism remains wired in the DNA of a time when civilizations were yet to flourish, and where tea cups were merely in the imaginations of more genteel souls, a sense of uprightness, fortitude and strength of inner character dawns, and we walk out the door refreshed with a sense of deliberative purpose.  But it turns out that such fleeting flourishes of fortuitous firmness lasts but for a twilight, and then we desire to crawl back into the womb of our former skeletal selves.

Fear is how most of us live, despite the outward face of bravado and confidence.  We fear what others might do to us; how the economy is a mysterious force over which we have no control; of deteriorating health; of life itself.

Then, there are days when a calm sense of overconfidence prevails; without any reason or rationale, or perhaps we watched a movie or television show where a certain character manifested a bright and hopeful sunshine of unperturbed calm; but that was yesterday, and lasted but for a fortnight of winks and nods.  For the remaining days, we recognize that it was all an act; and so we live in trembling and fear.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to impact the Federal or Postal employee’s ability and capacity to perform the essential elements of one’s Federal or Postal position, that placement on the spectrum between fear and overconfidence is well know, recognized, and familiar as the warmth of a mother’s caress.

What the agency will do; what coworkers conspire; what the next news of the deteriorating medical condition; these all fall in favor of the “fear” side of the spectrum.  Those “other” things which call for confidence in the future over and beyond — they come in a spatter of popping grease, and make us wince with the momentary pause of a tap of reality, and then disappear.

How does one escape that spectrum of unrelenting reminders?  For the Federal employee and U.S. Postal worker, there is always the option of filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management.  Obtaining a Federal Disability Retirement annuity is not merely a benefit to be gained; rather, it is an opportunity to take the next step in life, to a beyond where future career and vocation choices may allow for productivity outside of the Federal Sector.

Thus, for the Federal or Postal worker who is under FERS, CSRS or even CSRS Offset, preparing, formulating and filing for an effective OPM Disability Retirement application is the first step towards taking a turn away from the treadmill of that dreaded pinpoint of our lives, where we are stuck in the middle of the spectrum between fear and overconfidence.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Purgatory Reverie

The state of the intermediate, the surreal loss of traction in suspended animation; of trying to jog on ice, or to reach a destination traveling on a treadmill; this is a sense one is left with in dealing with a juggernaut of a bureaucratic morass.

In this day of immediacy, where the instant satisfaction of wants and the now of gratifications is met and reinforced by the push of a key, the click of a mouse, and touch of a sensor; and as virtue is no longer looked upon as a necessary ingredient of character, but rather an irritating obstacle to a material goal, so patience cannot be wanting where fissures have widened to such an extent that chasms have created chaos.  Planning ahead is always the key to the timely confluence of achieving the stated goal.  And then some. And perhaps even to multiply the waiting time by a factor of 2.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal and Postal worker from performing one or more of the essential elements of one’s job, it is precisely that inherent self-contradiction of the constancy of being forever suspended, which gives rise to frustration and turmoil.

Much of it is in anticipation of what the Agency, or the U.S. Postal Service, will or will not do.  Will they initiate an adverse action during the process?  Will they approve the discretionary LWOP request?  Will they “support” the Federal Disability Retirement application, or attempt to undermine the procedural march towards OPM’s approval?

Waiting upon an agency is never a good idea; neither in deciding to move forward on a Federal Disability Retirement application, nor in trying to make an educated guess as to what the agency’s reaction would be (or, in dealing with one’s agency, is it an oxymoron to concurrently use the terms “educated” and “guess”?).  Agencies move at their own pace, and do what they want, when they want, as fiefdoms and totalitarian republics are decidedly meant to provoke.

It is never a good idea to make one’s decision concerning preparing, formulating and filing for Federal Disability Retirement benefits, whether one is under FERS, CSRS or CSRS Offset, by waiting upon an agency’s actions; for, the immediacy of ignorance may never come about, or suddenly be initiated yesterday; and as purgatory is in and of itself a reverie of angels suspended in timeless harpsichords of orchestrated serenity, so the ill Federal or injured Postal employee who thinks that it is a good idea to wait upon the Federal agency or the U.S. Postal Service before initiating a Federal Disability Retirement application, will of course remain lost in the long and winding road leading to the pearly gates of tomorrow.

Sincerely,

Robert R. McGill, Esquire