Federal Disability Retirement under FERS: Name Dropping

We all know, or have heard of, Such people — people who “name drop” the names of other people, or make reference to others as a way of showing (A) by naming someone else, their own status is somehow elevated by mere association, (B) by making reference to someone else, it makes them look intelligent, sophisticated, important, etc., or (C) by dropping a name, some relevant implication is to be discerned.

In a Federal Disability Retirement case, the U.S. Office of Personnel Management consistently engages in choice C above.  They will state, in various forms: “You filed for Social Security disability benefits and, as of this writing, you were denied by Social Security.”

Yes, well…everyone who is filing for OPM Disability Retirement benefits is required by statutory law to file for SSDI and, since almost everyone filing for FERS Disability Retirement is still employed by the Federal government or the U.S. Postal Service, an automatic denial is almost guaranteed.  Thus, to be denied by Social Security should have no relevance.  However, by name dropping “Social Security”, OPM wants you to walk away with the following implication: You were denied by the Social Security Administration; therefore, you are not disabled.

Contact an Federal Disability Attorney who specializes in Federal Disability Retirement Law and consider the relevance of any name dropping in preparing, formulating and filing an effective Federal Disability Retirement application with OPM.

Sincerely,

Robert R. McGill, Lawyer

 

Federal Disability Retirement: The Ledger of Life

The Ledger was once that oversized binder which recorded the economic transactions for various purposes — of maintaining income and outlays; of keeping an accounting of various details in one’s life, whether of activities in business or even of one’s habits and patterns of existence.  Somehow, it doesn’t seem the same as typing such information into a computer, or of buying a software that categorizes and makes everything neat and simple.

That old Ledger that had to be lugged from one place to another reflected the weight of seriousness just in the act of lifting it; and when you opened the front cover and turned the pages where the latest entry still emitted the scent of ink still drying, one sensed the permanency of recordation as a trait of relevance that could never be erased.

And what of the metaphor — of one’s “Ledger of Life” — a recordation of the transactions that one has engaged; of the weightiness of that placed on one side of the ledger as compared to the negative notations appearing on the opposite side; of the image of St. Peter as the gatekeeper reviewing the annotated columns to determine if you “made it” — all because “The Ledger” reflects the value of your actions during the course of a lifetime?

Do we even think in those terms, anymore?  Or, while the dusty old books that used to be kept beneath the wooden grains of counters in dark and dank workshops were left behind when first the technology of modernity made for obsolescence of such anachronistic record keeping, did we then just revert to making mental notes for the things we did or did not do?

Most of us, if asked if we are “eligible” to pass through St. Peter’s exclusive club, would respond thus: “Oh, all in all, I have been a pretty good person and so, Yes, I believe I would qualify.”  And so we approach most things in a similar vein: We give ourselves a “pass” and believe that the Ledger of Life would favor our eligibility status.

And so it is with Federal employees and U.S. Postal workers who suffer form a medical condition and need to file for FERS Disability Retirement benefits through the U.S. Office of Personnel Management: Because you suffer from the medical condition and believe that the medical condition cannot but be proof of eligibility, so you believe OPM cannot but see what you see.  But filing for Federal Disability Retirement benefits is a paper-presentation to the U.S. Office of Personnel Management, and must be proven by a preponderance of the evidence.

It is very rare that any Federal Disability Retirement application is a “slam-dunk” case, or even an “easy” one; and like the Ledger of Life that we have left behind in the dusty heaps of bookshelves long forgotten, preparing an effective FERS Disability Retirement application is not just a simple transaction to be annotated into columns of neat book keeping, but a bureaucratic process that must be proven and argued for — somewhat like the Ledger of Life that must be submitted to St. Peter at the Pearly Gates of Heaven.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: What not to say

Of course what not to say is as important as the things one says.  Such a warning is true in most contexts — social; professional; personal; familial; in either private or public settings.  We are taught that at an early age, and continue to feel its social and cultural “bite” throughout adulthood, until one has (hopefully) gained some wisdom throughout the years.

Some never learn it — perhaps because they never had to endure the consequences that naturally come about, or simply don’t care or, in the very rare instance of uniqueness, do not need to care either because of wealth, power or prestige that, like the teflon individual, no amount of social crudeness will wipe the sheen away.

“Don’t stare” is an admonition that parents make early on — another form of “what not to say”, except this one in correcting a non-verbal action.  “Don’t say things that are hurtful”, or “Don’t divulge private information to people you don’t know”, as well as the one that has to be balanced with concerns about putting too much fear into a child: “Don’t talk to strangers”.

It is, indeed, the “don’ts” in life that define the social graces within acceptable normative behaviors, and as the spoken work (or the written, as the case may be) takes up so much of human interaction, what we learn not to say, how we act and are restrained from acting, often defines the extent of a person’s maturity and learning.

It is often the negative which defines the positive — i.e., what we do not see is rarely noticed, but constrains that which is revealed (the positive) so that the unseemly and rough edges have been worn away, manifesting a smoothness that borders upon beauty.  But never underestimate the destructive force of that which is negated; for, if forgotten, it will resurface and damage.

Thus, for Federal and Postal employees who suffer from a medical condition such that the medical condition is beginning to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, always remember that — in preparing, formulating and getting ready to file a Federal or Postal Disability Retirement application — it is important to keep in mind those things NOT to say or reveal; for, once you admit freely a legal basis upon which a denial becomes a certainty, it is difficult to retract that which is revealed.

So, in the end, your parents are proven right: What they told you NOT to say is precisely the rule to follow.  The problem, however, is that when it comes to dealing with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, you will need to consult with an experienced attorney who specializes in Federal Disability Retirement Law in order to comprehend the full import of what not to say.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: The noisy neighborhood

Whether used as a noun or a verb, the second grammatical appendage can have multiple meanings: as a stick of lumber; as an activity placing information, warning, directional declarative or similar linguistic affirmations; and the combination of the two words can be read only within a greater contextual enlightenment depending upon what meaning is meant to be conveyed or how the inflection and accent is emphasized.

As a mere stick of lumber, it is a rather boring concept, even when attached to the first word, “sign”, precisely because the focus is upon the “post”, and so the emphasis goes directly to the sturdy piece of wood and not to the interests of the information posted.  If, on the other hand, one means to connote a different linguistic avenue – of different and varying posting of signs, then our interest is tweaked because we are immediately drawn into the various and wider universe of warnings, directions, admonishments and disseminated information useful to everyday living.

Sign posts are meant to guide, warn, betray or inform; and between the spectrum of the duality of linguistic translations, there is a natural reflection to life’s everyday humdrum itself.  For, like the analogy between information posted or merely a stick of lumber, living life is likened to a wide spectrum of activities mirroring boredom and repetitive monotony, and those instances where sudden tumult and excitement makes for an interesting day.

Being healthy can be viewed as a form of boredom; it is like the person focusing upon the stick of lumber, even if there are signs posting some warnings.  And, correlatively, when sickness and debilitating medical conditions occur, the viewpoint and perspective alters dramatically, such that the monotony of the piece of wood is now replaced with the blare of the warning, admonishment and legal declaratives, and life becomes a tumult, not merely a lapping wave but a tsunami of devastating impact.

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 the positional duties of the Federal or Postal employee’s job, the alteration of the perspective – whether seen as a “eureka” moment, a modified weltanschauung, or some reflective recognition of changed circumstances – the point is to shift the focus from the stick of lumber to the sign post itself: the job, the harassment, the constant antagonism and acrimony in the workplace – these are all the stick of lumber; one’s own medical condition, dealing with the doctors, the deterioration of one’s physical, emotional and mental capacity – these are the “signs”.

What we focus upon will determine the course of one’s future; and preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is the combination of both words as a compound concept: of recognizing the sign posts, and dealing with it accordingly.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Systemic Problems

When the residual impact of a crisis goes well beyond cosmetic concerns, the usual and customary description is that the “cause” involves “systemic” problems.  Such foundational fissures can occur both in organizations, as well as in individuals.

For Federal agencies, it may require a need for new leadership, or a restructuring of internal chains of command, and sometimes even outside intervention.  More often than not, a call for greater funding is demanded; then, once approved, we walk away as if the problem has been fixed, until the next crisis calls our attention.

For individuals, the systemic problems can involve a medical condition.  Symptoms are normally mere warning signs portending of greater dangers; like organizational eruptions of systemic concerns, individual crisis of systemic proportions often result from neglect, procrastination and deliberate avoidance of the issue.  But medical problems have a tendency and nature of not going away; they are stubborn invaders, like the hordes of barbarians from epochs past, who keep whittling away at the weakest points of an individual’s immune system.  Then, when the medical condition progressively deteriorates until the spectrum of symptoms exceeds a threshold of toleration, suddenly, a crisis develops.

For the Federal employee and the U.S. Postal worker who has reached that point, where the symptoms are no longer superficial, but prevent one from performing one or more of the essential elements of one’s Federal or Postal job, then it is time to begin 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, time is of the essence, as the administrative process must meander its way through a complex system of bureaucratic morass, and the timeline is often of importance in securing the future of a Federal or Postal employee.

Preparing, formulating and filing for Federal Disability Retirement benefits through OPM is an arduous, lengthy task, and one which is a tool against a systemic problem; for, in the end, the best fight against an invading army is to utilize the elements of the marauders themselves, and this is true in medicine, in law, as well as in individual and organizational restructuring.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Soul of a Case

If you ascribe something to everything, then nothingness results.  For, to declare that all of X is contained in Y is to delete X into irrelevancy, and leave Y with nothing but X, thereby subsuming everything with nothing.  Thus, when we argue for a form of pantheism, the language of “all” tends to diminish the uniqueness of singularity, and the meanings of distinction and difference.  Fortunately, however, separate identities naturally manifest for specific entities where the exceptional outshines the mundane.

For human beings, the exceptional occurs daily precisely because there exist no mundane souls, only ones whose lives have developed a callousness to tragedy so thick that empathy has been extinguished for the price of a forgotten soul.  Thus do we have the proverbial “faceless bureaucrat” who merely stamps all incoming papers with repetitive monotony, and fails to view the content and substantive humanity beneath the surface of the linguistic mirage of daily deluge.

For Federal employees and U.S. Postal workers formulating one’s Federal Disability Retirement application, that is the door one is attempting to unlock, isn’t it?  Every case has a unique “soul” to it; but from the viewpoint of a bureaucracy, such an argument only extinguishes the singularity of one’s own extraordinary circumstances into all others, and by doing so, that “something” becomes mere nothingness.

The key to cut through to the soul of the administrative process is by revealing the separateness of a Federal Disability Retirement case with the individuality of “this” case, in “this” instance, for “this” reason.

That is a tall order to fulfill.

For, as each Federal Disability Retirement application has a human story to tell, so the paper presentation to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, must provide a narrative with a soul, and one which is not merely one among many, but unique in its singularity of particular facts and circumstances.  In other words, the “soul” of the case must be delineated with a soulful echo of humanity.

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Employee’s OPM Medical Retirement: Disjointed Lives and Divergent Paths

Life brings with it anomalies and conundrums which make for bumpy rides.  Despite protestations to the contrary, the older we get, the more we seek repetition, thoughtless inaction and monotony of purpose.

Change is for youth; otherwise, why does the parapet of innovation occur (with some minor exceptions) within the fertile mind of those in early adulthood?  Technological discoveries and scientific breakthroughs are formulated within the first third of life; managing a staid environment is left for the second third; and in the final slice of the corrupted remains, we expect quietude and unobtrusive solitude.

Medical conditions tend to disrupt and destroy.  Where once the agency or the U.S. Postal Service enjoyed concurrent and parallel lives with the “productive” Federal or Postal worker, the introduction of a medical condition impacting upon one’s capacity and ability to perform “efficient service” for the Federal agency or the U.S. Postal Service, comes into doubt, and it is precisely within the context of the disjointed teleology of intended purposes, that the divergence of paths must take its course.

Fortunately, the Federal system of compensation has preemptively considered such a scenario — by offering Federal Disability Retirement benefits for Federal and Postal employees under FERS, CSRS or CSRS Offset.  Federal and Postal employees who are no longer able to perform one or more of the essential elements of one’s positionally-required duties, as delineated and described in the official PD of one’s job, have the option of filing for Federal Disability Retirement benefits.

Ultimately, such a Federal Disability Retirement application must be submitted to the U.S. Office of Personnel Management — through one’s agency, if one is still on the rolls of the agency or the U.S. Postal Service, or separated but not for more than 31 days; or, directly to OPM if the Federal or Postal employee has been separated for more than 31 days.

In the end, it is not the disjointed life or the divergent path which will determine the headstone of time; rather, it is the residual influences we leave and heave upon the next generation of confused minds which will make a difference, and whether the staid quietude we seek in the sunset of generational transfer of responsibilities can allow for another alteration of paths, as one who decided to create a new trail by following Frost’s road not taken.

Sincerely,

Robert R. McGill, Esquire