Disability Retirement for Federal Employees: Moments of clarity

There are those moments, aren’t there?  It may come as a flash, in the middle of the night, while walking quietly in the woods (or in one’s back yard, pretending that it is in the middle of somewhere’s nowhere, despite the loud humming of lawn mowers and air blowers whoosh-whooshing in the distant yonder over the fence beyond); and it need not be because of some eureka moment or because of problems faced and meditated upon.

There are moments of clarity in life, and they may be identified and described in various ways – of periods of inspiration; of a heated splice of madness; an awakening from a dream despite lack of sleep.  Or, perhaps a spark of genius came about.  A childhood memory, a dream once vanquished, a feeling of regret later in one’s life; these are the crumbs that gather in the corner of the dinner table, left behind like the ghostly apparitions of yesteryear’s hopes and unfulfilled cannibals of thoughtless mimes; and yet they can haunt or stir.

Such moments of clarity can bring about change; or, we can repress, suppress and ignore them, and allow them to wither away like flowers left in the pot of life’s mish-mash of events, and slowly they die, weakened by lack of care and ignorance of beauty.  Medical conditions themselves can bring about such moments of clarity; of the futility of trying to maintain appearances, and instead of facing a reality that is sharpened by pain, anguish and society’s definition of what it means to be productive.

Health is indeed a gift; poor health, or deteriorating health, brings about a different kind of gift – one that sometimes allows for those moments of clarity.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition brings about a realization that the Federal or Postal employee is no longer able to carry on as before, and that preparing a Federal Disability Retirement application, to be submitted through the U.S. Office of Personnel Management is now a necessity, it may well be that such a conclusion of a necessary change in one’s life came about because of one of those “moments of clarity”.

Don’t ignore it, as it may not come about again.

Instead, like warnings, clues and prognostications of impending necessities, the need to listen carefully to one’s health and mind may be just a moment of clarity that your body is simply telling you something.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Long Goodbye

The relegation to the basement office; the loss of niceties with coworkers; the negation of superlatives from higher ups; the clues become overt, blatant and uninviting.  Long goodbyes are often fertile ground for the souring of relationships forged over decades, and human interactions which reveal a perversity once thought uncommon.  Does the past count for anything, anymore?

Medical conditions and their impact are meant to evoke empathetic responses; instead, they often bring out the worst in humanity.  For Federal agencies and the U.S. Postal Service, they portend of headaches and interruption of efficiency; they are a bother.  For the Federal employee and the U.S. Postal worker who suffers 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 positional duties, the growing absences, the need to attend to one’s medical conditions — all become the priority of life and living.

From the agency’s viewpoint, it is a malignancy of logistical magnitude; another problem to be solved; and the longer the goodbye, the greater the extenuating interruption.  It is this clash of interests which calls for resolution.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, is an indicator to the agency that there is an end in sight, and once filed, it is merely a waiting game before finality of decisions is reached.  Often, the mere filing relieves the increasing pressure felt, like the encasement of boiling water which needs an outlet.

Medical conditions often require a long journey of sorts; it is the long goodbye which makes it all the more evident.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Living “As If”

We all engage in it; it is a pastime, of sorts, which is enjoyed by the multitude, and reveals the imaginative capacity of the human animal, but with lingering questions concerning the evolutionary viability and purpose as to the utility of the need.

James Thurber’s “Walter Mitty” (the full title of the short story, which first appeared in The New Yorker in 1939, is “The Secret Life of Walter Mitty”) relished the inherent escapism provided by the contrasting chasm between the monotony and oppressive reality of daily living in comparison to the far reaches of one’s imagination, thereby revealing the unconstrained heights of the human mind.

Living as if the reality of the objective world is not as it is, can be both enjoyable and healthy.  In this technological age of unfettered virtual reality, of computer-generated imagery melding the borders between that which constitutes reality and fantasy; and where little room is left to the imagination; perhaps the death of the world of imagination is about to occur.  Is that a good thing?

The problem with living “as if” has always been the other side of the two-edged knife:  the value of the first edge was always the creativity and imagination which revealed the powers of the human mind; but too much escapism, and one entered the world of self-delusion and consequential harm resulting from inattentive avoidance generated by reality’s harshness.

Some things just cannot be put aside for long.  Medical conditions tend to fall into that category, precisely because they require greater attendance to life, not less.  And that, too, is the anomaly of daily living:  when calamity hits, the world requires more, just when it is the reality of human compassion and empathy which is needed.

In the world of fantasy, those values of virtue which makes unique the human animal become exaggerated.  We enter into a world filled with excessive warmth, humanity, empathy and saving grace; when, in reality, those are the very characteristics which become exponentially magnified during times of crisis.

For Federal employees and 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 positional duties in the Federal government or the U.S. Postal Service, the idea that the workplace may reveal support and accommodation for one’s medical condition is usually quickly and expeditiously quashed.

Federal and Postal workers who have given their unaccounted-for time, energy, and lives throughout the years, and who suddenly find that they cannot perform at the level and optimum capacity as days of yore, find that reality and fantasy collide to create a stark reality of disappointment.  When such a state of affairs becomes a conscious reality, consideration should always be given to filing for Federal Disability Retirement benefits.

It is an employment benefit accorded to all Federal and Postal employees, whether under FERS, CSRS or CSRS Offset, and must ultimately be filed with the U.S. Office of Personnel Management (if one is still with the agency or on the rolls of the U.S. Postal Service, then the application for Federal Medical Retirement must first be filed through one’s Human Resource Office; or, if separated but less than 31 days since the date of separation, also through one’s own agency; but if separated for more than 31 days, then directly with OPM, but within 1 year of separation from Federal Service).

In the end, of course, the wandering imagination of the human mind only reveals an innate calling and need to escape.  Whether that call into the far recesses of fantasy reveals a defect of human capacity, or a scent of the heavenly within the brutish world of stark reality, is something which we should perhaps never question.  For, even on the darkest of days, when clouds of foreboding nightmares gather to portend of difficult days ahead, it is that slight smile upon the face of a person daydreaming amidst the halls of daily reality, that sometimes makes life livable and serene despite the calamitous howls of ravenous wolves snarling in the distant harkening of time.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Making the Legal Argument

Legal arguments are merely a subset of ordinary ones; as variations of the facetious quip goes, if the facts are not on the lawyer’s side, then he will argue the law; if the law is not, he will argue the facts; if neither, then he will attempt to confound and obfuscate both.

By sequence of logical argumentation, it is self-evident that “facts” must be the first order of presentation; then, persuasive discussions concerning those facts, forming and molding a given perspective (for there is surely a distinction to be made between that which “is” and that which “is seen” by a particular individual, bringing in the subjective component of interpretation and conveyance of information); and only after the facts have bespoken should persuasive efforts follow; and then, the legal argument to be made.

Thereafter, the question of how aggressive a legal argument; of pounding like a hammer, or the subtle tap of the constant but insistent drumbeat, guiding the listener with a roadmap as to why a decision should be made pursuant to persuasive force, or threats of further legal action.

For the Federal and Postal worker who is trying to have a Federal Disability Retirement application approved, the art of persuasion, the effective use of legal argumentation, and the delineation of factual roadmaps must be coordinated with the utmost of care.  Administrative processes are often replete with frustrating procedures to follow, and it is a dangerous endeavor to allow for one’s frustration to erupt when dealing with a bureaucracy which is rarely responsive, and normally unaffected by the most dire of circumstances.

Thus, in sequence of logical argumentation: The facts as portrayed in as objective a manner as possible; the interpretation of the facts, such that the subjective perspective is insightfully applied, but without the overuse of the “I’ or “me”; argumentation; then, and only then, the applicability of the law.

Federal Disability Retirement is a benefit offered to all Federal and Postal employees who meet the minimum eligibility requirements of time in Federal Service, age and a level of medical evidence which must be carefully and thoughtfully presented.

As such, for the Federal or Postal worker who intends on filing for the benefit of OPM Disability Retirement, whether under FERS, CSRS or CSRS-Offset, the art of factual and legal argumentation must be presented with persuasive force, often like the slow dripping of an unconstrained faucet, as opposed to the break of a dam.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: The Statement, the Stranger and the How

Paper presentations are dangerous creatures; if read by a stranger, it lacks the context of familiarity, and therefore must include enough information and detail to lay the preparatory foundation for coherence and comprehensibility; when viewed by someone known, unwarranted inferences and implications may be extrapolated, where characters and references are alleged to be fictional representations of real people, events and encounters.

The stranger’s eye views without prior preconceptions; the familiar, with an overabundance of active input; thus is the balance between objectivity and subjectivity disproportionately out of synchronization.  Sometimes, however, the inverse can be also true, and problematic, where the narrator assumes too much, or too little; where an overabundance of irrelevant information is provided in an attempt to make up for an assumed lack of contextual understanding, and in the course of such infusion of irrelevancies, the core of the purposive elements of the narration is effectively undermined.

In a Federal Disability Retirement application, filed by the Federal employee or the U.S. Postal worker who is under FERS, CSRS or CSRS Offset, the Statement of Disability as prepared on SF 3112A, must be approached with care, relevance, curtailed overloading of information, and with a contextual understanding of the governing laws surrounding a Federal Disability Retirement application.

It is the U.S. Office of Personnel Management — an agency which knows not the applicant — which evaluates, reviews and decides upon the Federal or Postal worker filing for Medical Retirement benefits; and the statement delineated on SF 3112A must fully appreciate the fact that a stranger will be reviewing the Federal employee’s application for Federal Disability Retirement benefits; and, as such, how one approaches the entire administrative process, the extent of detailed information, any background to the medical conditions, the quantitative and qualitative essence of the narrative to be formulated — all must thoughtfully and with subtle provocation be employed in the tool of effective narration.

What happens in our lives as told to a stranger, and the response we receive in the form of an approval or a denial, will be determined by the Statement of Disability in SF 3112A, reviewed and decided by a Stranger at OPM, based upon how well we prove the Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire