Federal & Postal Disability Retirement: Case Development

Are all cases at the same stage of the process?  Isn’t this the same question as: Are all people at the parallel stage of maturity?

As life reflects reality in varying aspects of their sliced proportions, so every case is not at the same stage of the process.  Many Federal employees and U.S. Postal workers find themselves at a critical juncture in their careers, where filing for Federal Disability Retirement benefits has become a necessity and a step which can no longer be delayed.

Is every case ready for filing?  Likely not.  Should every case be filed, ready or not?  Only if the Statute of Limitations looms and necessitates it.  Is there anything nefarious in “developing” a case?  No.  However, there can be a slight distinction, subtle as it may be, in engaging a trail of medical documentation expressly for the singular purpose of establishing a Federal Disability Retirement claim, as opposed to doing it in order to seek medical attention.

Taking care of one’s medical condition, going to doctor’s appointments and establishing a consistency of compliance with a treatment regimen — these should all, first and foremost, be engaged in with the primary purpose of obtaining the proper medical care.

From that consistency of care, case development will follow; and for Federal and Postal employees seeking to obtain Federal Disability Retirement benefits through the U.S. Office of Personnel Management under FERS, the proper time for filing an effective Federal Disability Retirement application will come naturally as the case develops, which often needs the guidance and counsel of a FERS attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Workers: Perfection in the details

Why is it that we never question the statement, “Well, this is an imperfect world; but in a perfect world…”.  What is “perfection” and who defines it?  Doesn’t it all depend upon the details within the definition?  Is a “perfect world” the same for everyone, across all cultural lines and within every community?  Or does it vary depending upon one’s background and upbringing?  Would a picture of a “perfect world” be the same, say, for a pious, religious zealot as opposed to a hedonist?  How about the contrast between a Libertarian and an Authoritarian?

So, in a recent description about an individual who was known to have held conservative religious beliefs, but who concurrently believed in weapons production and advanced technological weaponry, the question was asked by a student whether there was a contradiction between faith held and work engaged, and the answer was: “Well, in a perfect world, we wouldn’t need any such weapons; but this being an imperfect world, we would have to defend ourselves.”

To this answer, of course, there appeared no “follow-up” question; but shouldn’t there have been?  Such as: What is your vision and definition of a “perfect world”?  Well, one might answer, a perfect world is one in which everyone is allowed to be free to do what he or she wants without fear of retaliation or offense.  But is that a viable vision of a perfect world?

As freedom and liberty is never a license for unfettered actions, so a Hobbesian State of Nature cannot be the foundation for perfection.

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 Federal or Postal job, the lack of perfection achieved is already self-evident: One’s health is a testament to that; and the manner in which the Federal Agency or the Postal unit has reacted to one’s health, is also an indicator of an imperfect world.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management may not be the perfect solution for the circumstances one is in, but then, we neither live in a perfect world nor must contend with a semblance of one.  Perfection matters in the details of every endeavor, and it is the striving towards perfection that matters, not in the achievement of it.

In preparing a Federal Disability Retirement application, always remember that there is never a “perfect case” where OPM will unquestionably approve it; but in preparing an application for Federal Disability Retirement, it is wise to seek the counsel of an experienced attorney in order to reach a level of perfection where, in retrospective regret, one does not have to needlessly say, “Well, in a perfect world…”

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The Art of the Story

There is the subject itself, and then there is the art of the subject thus identified.  At some point in every civilization, the academic study of a subject becomes pedantically necessary, and a “cottage” industry developed.

Once upon a time, the “story” was an important and inseparable component of a culture; the storyteller was the keeper of the village’s identity, the protector of its essence where mythology and folklore provided meaning, relevance and its self-knowledge of who one was, where one came from, and what the whole purpose of existence meant.  Without The Story, people wandered off despondent, lost, and without a teleological force to hold the unit of peoples together within a coherent whole.

Then, writing came along and as the technological tools of the craft disseminated to other and wider cultural arenas, the shared ideas and adventures of each culture became better known, and assimilated by each over and within others.  The “Art” of the story became the study of it — of what constituted an effective story; what made people laugh, cry, and the erudite articles that explained that which was once obvious and self-evident.  Categorization and specialization soon follows; whether as it becomes more sophisticated or intellectually advanced as a reflection of it, or merely because complexity follows upon a self-satisfaction of what we deem as “progress”, who will ever know?

The “Art” of the story somehow came into being — of the study of a once human need began around a campfire where a village told of its origins, now relegated to the halls of academic “science” where dissection, analysis and discussions ensue.

For Federal employees and U.S. Postal workers who have a “story” about a medical condition that is beginning to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the Art of the Story becomes a necessary form of application, because SF 3112A —Applicant’s Statement of Disability — requires not only the telling of one’s story about the medical condition, the impact upon one’s ability and capacity to perform one’s job duties, and how it has dominated all aspects of one’s professional and personal life, but beyond: it must comply with and meet the legal eligibility criteria by a preponderance of the evidence, thus forcing the Federal and Postal employee to go beyond the story itself, and to be fully aware that the Art of the Story has more to do with the proper and effective presentation of it, than the story itself.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: This upside down world

How many whistleblowers would do it all over again?  How many regrets does it take to screw in a lightbulb?  The answer: Few as to the first question, and at least a dozen in response to the second.  For, as to the second query, while one person engages in the mechanical act of lighting up the room, it takes all of the others to fail to assuage the regrets of a person who has tried to do the rights thing, and has lived to suffer the consequences.

We grow up being taught all sorts of empty adages — how “truth reveals all”, or that “justice prevails in the end”; and though the old hero of simplicity has now been replaced by more “complex” characters of mixed good/bad/neutral, still the naïveté of childhood upbringings tend to haunt beyond the loss of innocence delayed.

This is an upside down world where the clear-cut demarcations that once were inviolable have now become obscured, and where leaders can argue with a straight face any and all positions, whether self-contradictory, hypocritical or just plain nonsense, and can get away with it without any regrets or loss of sleep.  Perhaps it has always been like that and we just didn’t realize it.  The wealthy have always been able to get away with more; the powerful, without much consequences; and when the combination of wealth and power become aggregated, there is little to impose any checks and balances that might have tempered the onslaught of injustice.

For the Federal employee and the U.S. Postal worker who suffers from a medical condition, where the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the fact that we live in an upside down world becomes exponentially the case because of the medical condition itself.

Progressive deterioration and chronic debilitation are often the rule of a medical condition, and just to survive another day without pain, without emotional or mental anguish — these are the hallmarks of needing to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

The world is about as topsy-turvy as it can get; but when the private world of one’s health begins to deteriorate, that upside down world becomes a tumultuous maze of a conundrum wrapped within an insanity that cannot be escaped from, and that is when you know that preparing, formulating and filing an effective Federal Disability Retirement application becomes a necessity in a universe that requires some wisdom, and turning to the advice of an attorney who specializes in Federal Disability Retirement is often the first step in providing a balanced perspective within this upside down world.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Distractions

They are the projects of life of which Heidegger recognizes, allowing for avoiding the inevitabilities of life’s challenges; of fate, mortality, future insecurity, and death.  What quantifiable slice of one’s life is governed by distractions?  Must it always be less than 50% in order to remain so, and if it exceeds that halfway point, does it then become something substantive and not merely the peripheral meaning of what it means to “be distracted”?  If a distraction is considered to be an aside – that which waylays a person’s attention by focusing upon a central project of life’s endeavor – what then defines an inversion of that perspective?

Take, for example, the following:  A mechanical engineer is working on a technical project that consumes one’s focus, concentration and attention to detail, but has a unique and eccentric ophthalmological condition, whereby the eyes are compelled to follow any and all red objects that pass by.

Now, the company has attempted to accommodate the medical condition by requesting that no employee shall enter into the mechanical workshop wearing red, but on this particular day, some investors are visiting, and a man in the troop of intruders is wearing a red tie, and a woman in the entourage is sporting a red sweater.  They go from bench station to the next cubicle, within the purview and arc of dimensional periphery of the eccentric man’s attention, and with each movement, every sidelong blur, his eyes are “distracted” by the red moving objects.

Out of every minute of work, fully 45 seconds are spent on focusing upon the red objects that detract from the necessary mental acuity attending to the project at hand, and indeed, while they are far enough away such that from an objective viewpoint, the objects are mere inches in proportion and are of a distance as to almost be unnoticeable to others in the group of engineers, for the eccentric mechanical engineer, it is the focal point of his attentions.

The distraction is such that it disrupts the sequence of testing conditions and interrupts the validity of the technical precision required, and a coworker finally declares, “You’ve been too distracted and the project has to be scrapped.”  Would we agree that, because of the numerical disproportionality of concentration attributable, “red-object observation” takes precedence as the primary project, and it is the engineering project that is the distraction?  Or, because it is a medical condition of which he “cannot help it”, do we excuse the distraction in its entirety?

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 Federal or Postal positional duties, the central point made here is precisely how the Federal agency and the Postal facility views the issues significant in a Federal Disability Retirement application.

Federal Agencies and the U.S. Postal Service possess a myopic view of “work”, and even if the Federal or Postal employee is able to continue making valuable contributions to the workplace, they often see the differentiation between “work” and “distractions” as one quantifiable by time alone.  This is too bad, but a reality that must be faced.  For, medical conditions are not mere distractions; they are life’s interludes that can often be faced and overcome, if only outmoded ideas about what constitutes workplace contributions are set aside, and realize that even distractions delaying the central mission of a Federal agency or Postal facility are not the most important, or even of much significance, when it comes to the worth and value of a human life.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Ascribing wrong motives

Is it wrong to ascribe wrong motives?  And, unless there emerges practical consequences, does it matter?  If a non-family member forms a relationship of friendship with an older person, do we fairly ascribe an underlying intent of malicious deliberation?  We may think thus:  He is hoping to gain something – gifts in return; an inheritance, perhaps; or, maybe even a more blatant act of stealing or forcibly engaging in a criminal enterprise.  On the other hand, there could be a purity of motives – of responding to loneliness and a desire for company; but who in this world ever believes that, anymore?

In a universe of depravity and disseminated cynicism of purpose, we know better, yet cling to that time eons ago of innocence and purity, when not everyone darkened his inner soul of decadence.  What was that age-old adage that once applied, when mothers and grandmothers admonished us to invite strangers into the home, lest one day a disguised angel appeared amongst our sinful souls?  Of scenes during the Great Depression when the hungry would knock humbly on backdoors and stand with hat in hand, eyes cast downward, and children in tattered clothing looked up with forlorn eyes in bulging anticipation for a morsel of forgiveness and food?

Yes, we give to that homeless man or woman in a moment of panic, when the urge of empathy is not so much overwhelming, but more fearful that we want to avoid the image that, “But for the grace of God, I may become like that person”, and quickly hand over some loose change or fumble for our wallets and pocketbooks to swiftly dispense with our duty to our fellow mankind – and if a stranger looking askance smiles sardonically and quips under his breath, “Yeah, right, as if you really cared” – is it any different in ascribing a wrong motive, than the mercenary who targets old ladies and innocent children with threats of harm?

This is a pivotal point in civilization’s evolution towards a pinnacle of maturation:  as the West has no mechanism in the generational transfer of wisdom, where the young learn of lesson’s past through dinner-table discussions of nightly musings; so the imputation of cynicism’s haunting residue will only exponentially overtake any purity of a soul’s essence.  We become what we fear, because fear overtakes and is more powerful than any singular love for one another.

For the Federal employee and U.S. Postal worker who is considering preparing, formulating and 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, it is often the case that the Supervisors, Managers and coworkers of the Federal agency or the Post Office at which one works, will ascribe wrong motives to the Federal or Postal worker filing for Federal Disability Retirement benefits.

That is a sad thing.  For, no one else can “feel the pain” as the person suffering from a debilitating medical condition, just as empathy and sympathy become waning characteristics in a society increasingly devoid of such human essences of Being.  In the end, one must simply ignore such lack of civility, and move on, as the saying goes; for, the old adage of proverbial significance – that a person is unable to understand unless you have walked a mile in his or her shoes – still applies today, whether or not the other person has ascribed wrong motives or not.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: The din of distant darkness

There are often foreboding signs which we conveniently ignore.  In retrospect, how often do we hear of the lament of disregard?  “I never thought…”; “I heard the sound, but –“; “There were some indications, but I just assumed…”  Yet, later, we recognize those telltale footprints, and wonder why the creaking floorboards or the muffled murmur did not raise the cautionary instincts repressed by urge of avoidance.  If we were paid a dollar for every instance where…

Like Jim Croce’s remorseful song, if time could be saved in a bottle from every occurrence of wasteful distraction spent trying to figure out things which could otherwise be discerned through careful analysis, the extent of cumulative superciliousness in trying to act offended or incensed by charges of ineptitude might be reasonably contained.  There is so much noise, these days, that a fresh uptick in the volume of an additional din is barely noticeable.  And when then sound of emitted discordance strums a beat in the distance, who but the expectant and anxious parent recognizes the unique cry of a child’s shrill scream of alarm?

And if the sound is merely likened to darkness, where light no longer creeps between the door left ajar, or the seam between the floor and the locked metal gate, then how are we to recognize the silence of strangled light left abandoned in the loneliness of a world uncaring?

The din of distant darkness is precisely that foreboding sense of what may happen, but based upon “something”, as opposed to a baseless muttering of convictions unfounded when we suddenly “lose it” and cannot extricate ourselves from the frenzy of our own lies.  Much of life is about lying – not necessarily to others (although, we do that often enough, as well), but more to ourselves in order to shield our own fragile psyche from the fears we want to avoid.  But even darkness seen in the distant horizon comes creeping towards us, whether we want it to, or not.

How we nestle in the fears of our own making, or struggle against the timeless reverberations of anxieties unstated and never confessed, is the foundation of what makes for successful living, or failed attempts to conceal the cacophony of numbing onslaughts of life.  Yes, the din of distant darkness is yet merely a warning some months, years or decades away; but for Federal and Postal employees who already have a sense of what is coming, and the inevitability of life’s misgivings, the indicators are probably already there:  a medical condition that will not go away; the intersecting impact between the medical condition and the ability to perform the essential elements of the Federal or Postal position; and the question:  How long can I last?

For Federal employees and U.S. Postal workers who need to start considering the process of preparing 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, the din of distant darkness should never be avoided; for, in the end, it will come upon you like a thief in the night, stealthily, and without regard, just as your agency and closest coworkers and supervisors will turn the other eye even when the oncoming rush is about to hit you in a sudden fit of uncaring actions.

Sincerely,

Robert R. McGill, Esquire