Medical Retirement under FERS & CSRS: Our place in the world

One morning, we wake up and go into the backyard or, perhaps if one is living in an apartment, simply observe some trees or a little oasis of nature — a park; a clump of bushes situated in a grove of lawns coalescing; or just a singular mulberry tree that has grappled upon a cracked corner of the concrete jungle where some soil has erupted, surviving in the middle of a desert of the city’s impervious view; and a bird sits and sings.

We don’t think about the bird:  Does it know where its place is in the world?  Did it struggle as a young bird-ling to find its place, to “fit in”, to be “unique” and thus “special”?  No — it is just us humans who engage in that sort of thinking — of the awkward youth who tries to find his or her place in the universe; of going through those difficult years finding one’s place, one’s niche, and one’s solace in the troubled waters of one’s soul.

Are those merely foolish thoughts of a young person — do we all eventually grow out of it and return to the level of cynicism and conclude that it’s all bosh, and there is no such thing as one’s “place” in this cold and impersonal universe?  It is a safe haven, is it not, to remain as one’s father and forefather’s placement offered, and not have to think about one’s place independently and separately?

To that extent, birds and others who merely survive based upon instinct and thoughtless intuitiveness possess a survival advantage over those who must search and become affirmed:  There is no need to find one’s place, for that has already been pre-determined from generations ago.  Then, in later life, what does one do when one has lost one’s identity?  If you never searched for it to begin with, will it feel as a “loss” if you lose something you never attained in your own right in the first place?

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 position, part of the fear, angst and anxiety in initiating and proceeding with the process of Federal Disability Retirement, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is the loss of our place in the world.  For, that career that you worked so hard to sustain — whether in an administrative field, a technical niche or as an expert in this or that elite vocation — may have to either come to an end, or become modified to accommodate your medical conditions.

Your “place in the world” may become upended, and that is often a fear that must be confronted.  But like the hummingbird that seeks the nectar of life’s offerings, if health is not the first priority that makes it all worthwhile, then you’ve likely mistaken which priorities need to be first in line, lest you mistakenly think that your Federal Agency or the Postal Service will help you in the never-ending quest for one’s place in the world.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Forgetting for a moment

It is a game we play, or perhaps “have to” in order to retain our fantasy-world and “pretend” selves. We like to think that we gave up, long ago, those childish dreams and fantasies we engaged and tolerated as younger selves, and that as adults we must daily face the realities of problems encountered, difficulties arisen and turmoil challenged.  But we haven’t.  We have merely replaced it with another, more productive methodology of play-acting: Forgetting, for the moment.

Perhaps it occurs when we take a day off; or engage in a sports activity, like golf or a pick-up game of basketball where we can imagine ourselves in our glory days, not quite good enough to become pro or even semi-pro, but better than most by sheer force of will, practice and dominance of creative moves that would be whistled away as a travel violation by any half-competent referee, but in the imaginative world of concrete basketball, we can take those extra steps, much like Michael Jordan used to do under the “Jordan Rule” of play.

What we forget; how we forget; the technique of forgetting; whether and why; when and where; these all depend upon individual circumstances and requirements of the day, forged with dependencies, co-dependencies and enablers of time and leisure.

Perhaps it is by daydreaming; or sitting in a café fantasizing of having won the lottery; or in simply watching a television show or a movie where, just for a moment, you can forget everything and become consumed by the story, the special effects and the emotional upheaval of the actors and actresses on the flat screen of make-believe.  Then, of course, in the next moment, or sometime thereafter, reality sets in and we must go about the daily business of living.

The one component in life that makes the whole activity of “forgetting for a moment” difficult, is when you are suffering from a medical condition.  For, a medical condition never seems to “let up”, never allows for a moment of forgetfulness, and never ceases to remind.

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 position, not only will the medical condition itself not allow for forgetting for the moment, but it is also the Federal agency or U.S. Postal Service that also disallows such momentary distractions.

Life is always a bundle of problems, but when you are a Federal or Postal employee, that bundle of problems comes with it a greater bundle when you are beset with a medical condition.

Preparing, formulating and filing an effective Federal Disability Retirement application, whether you are a Federal or Postal employee under FERS, CSRS or CSRS Offset, may be the best option available, and consulting with an attorney who specializes in OPM Disability Retirement is probably the next best course of action to undertake in this long and complex road where, at the end of it all, you may be able to engage in that most pleasurable of activities: Forgetting for a moment.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation Federal Disability Retirement: The running of days

How does it happen?  Where did it all go?

One day, you are a young man or woman, full of promises and hopes, dreams that defy any limitation or restriction of potentiality yet to be unleashed; and the next, an old man or woman, rocking back and forth, awaiting the grim reaper with its scythe and faceless chasm of darkness and despair.  In between, of course, there is a memory – of a blur, a constant rush from this activity to that, of emergencies, turmoil and tumults, of the proverbial peaks and valleys; in short, it is called “living life”.

It is the running of days, one upon the other, one mixed into the two, then weeks, months and years, and finally decades that turn into a half-century.  Was it all worth it?  Did we stop and perform that salient act that became so popular during the 60s – of stopping to “smell the roses”?  And if we did not, what wisdom was gleaned from the lack thereof, the absence of pause, the semicolon of interludes?

Or, did we follow upon the admonishment stated in that 1974 folk song by Harry Chapin, “Cat’s in the Cradle”, where all we did was to teach our kids to be “just like me” and roam the universe in search of meaningless trope and allowing for the running of days to overtake us?

Or is it simply that our memories fail to serve us, and there were many days and some months where enjoyment, relationships and meaningful engagements were in fact embraced, but that the living of life often erases, smears and obscures such that our recollection is so cluttered with valuable connections and so consumed with overflowing “moments” that we just cannot even contain them anymore?

The running of days is ultimately just a metaphor, like running water and leaks that just keep on; but it is one that sometimes needs fixing, and it is the repair work that often cannot be performed within a lifetime of such disrepair.  Regrets hit us all, but the greatest one that never seems to close the wounds of time is that one where time was wasted upon frivolous acts of unrepentant entanglements.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the other proverbial saying is that one which refers to “spinning one’s wheels”, and yet knowing that no good will come out of staying put.

Preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may be the only solution left to a career that has come to a standstill.

Medical conditions tend to trigger a running of days – where the chronic pain or the illness extended seems to make no difference or distinction whether it’s a weekday or a weekend, and the only way out of such a mirage of misgivings is to “move on”; and as filing an OPM Disability Retirement is often the best and only option that can accomplish that, given the timeframe that it now takes to get an approval at any stage of the bureaucratic process, it is probably a good idea to file sooner than later in order to get ahead of the running of days.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Nascent knowledge

At what point does nascence become a maturity of device?  Is it linear time, or merely to exist within a pendulum of boredom where thoughts have moved on to other matters?  Youth, in general, is expected to engage in folly; but of nascent knowledge, where the appended concept of the latter connotes an established fact, a truism tested, and a hypothesis verified – but yet to be tested by time-worn principles and assimilated into the cauldron of society’s greater mixture of things working, defects allowable, and warts acknowledged as harmless.

For, newness itself should not be a basis for permanency of status, and as knowledge cannot be verified until tested, so nascent knowledge is the dangerous of all because it combines the defiance of dual categories:  Because it is new, it has not yet been tested; because it is “knowledge” unassimilated within the paradigms of commensurability like tectonic plates shifting to see what fits and what cannot be accommodated, so the lack of verification makes it that much more suspect.  Yet, we celebrate nascent knowledge “as if” the preceding announcement itself is as exciting as the introduction of a product advertised.

Don’t you miss those days of gangsters and badlands, when cell phones and close circuitry of images were missing, such that the detectives had to actually pursue the criminals?  Now, much of criminal investigation is reviewing of forensic evidence, and avoidance of conviction entails attacking the science of DNA analysis and the credentials of scientific application.

We have allowed for leaps and bounds over pauses of reflection, and never can we expect someone to evaluate and analyze an innovation and declare, “No, it just isn’t going to fit into the greater paradigm of our society”.  Why is that?  Is it because all souls are up for sale, and anything and everything that is deemed “new” becomes by definition that which is desirable and acceptable?  Or, is it merely a matter of economics, that the survival of a company or product is based upon the announcement of a more recent version, and vintage of merchandise is left for those with nostalgic tendencies, old fogies who lack the vibrancy of youth and the cult of newness?  That is, of course, where law and society clash; for, in law, the reliance upon constancy and precedent of legal opinions weigh heavily upon the judgment of current and future cases.

For the Federal employee or U.S. Postal worker who needs to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, the acceptance of nascent knowledge should include the medical condition, the current circumstances, and the present impact upon the Federal or Postal employee’s job elements.  But as to nascent knowledge involving cases past and statutory interpretations of yore?

Those are the very basis upon which law operates, and for which nascent knowledge is anything but a folly untried and unintended for future use.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Quiet Subtlety of Excellence

Failure blares like a discordant trumpet in a confined space with no exit; success flows like the quiet stream on the other side of the mountain, barely noticed.  In law, it is the appeal, and the written order issued therefrom, which receives the attention of the daily press.  Yet, if one pauses to consider:  The reason for the appeal, is the lack of success at the trial court level.

For Federal employees and U.S. Postal workers who suddenly find themselves the target of workplace hostility because of a medical condition which now prevents them from performing one or more of the essential elements of their job, it is often a surprise that they have become a focal point of interest.  The quietude enjoyed for so many years, in relative anonymity, is actually a reflection of one’s outstanding performance throughout the years.  It is because of the threat of departure — of the “failure” to continue to support the agency, or to provide ongoing efficient contribution to the U.S. Postal Service — that results in the sudden and unwanted attention.

Filing for OPM Disability Retirement benefits for the Federal employee or U.S. Postal worker who cannot perform all of the essential elements of one’s job anymore, is an option which must be considered precisely because of the limited alternatives offered or provided by the Federal agency or the U.S. Postal Service.  Health should always be the primary concern; maintenance of one’s health, the focal point of endeavor.

And just as importantly, to maintain that quiet subtlety of excellence in the next important step of one’s life — to prepare, formulate and file an effective Federal Disability Retirement application to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

All these many years, the Federal or Postal worker has dedicated him or herself to the excellence of combining career, family and personal relationships; when the time comes to attend to one’s own medical difficulties, it is important to maintain and continue that standard-setting record of accomplishments, by ensuring that one’s Federal OPM Disability Retirement claim reflects what has always been known all along, but has only received the murmurings of a muffled fanfare — that quiet subtlety of excellence.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Facts and Explanations

There is often a widespread misconception that “facts” need no elucidation or explanation, and somehow speak for themselves.  There are, indeed, times when self-imposed limitation of apparent eloquence and bombastic, grandiloquent and pretentious verbosity is of use; for, scarcity of adjectives and brevity of prose can leave the plains and tundra of a descriptive narrative’s call for less inhabitants, and not more, to reveal the beauty of the linguistic landscape; but even in such instances, facts still require explanation.

Facts without explanation constitute mere artifacts floating in a vacuum of a historical void.  It is thus the prefatory context provided by explanatory delineation, or the sentence next which elucidates the relevance and significance of an event before. Without the explanation, facts merely remain an artifice with a lack of architectural integrity, lost in the quagmire of historicity without dates, times or epochs of reference.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, the misunderstanding between the conceptual bifurcation of “facts” and “explanations” is often exponentially magnified to the detriment of the Federal Disability Retirement applicant when one presumes that “medical facts” speak for themselves.

Thus does the Federal or Postal worker who is preparing a Federal Disability Retirement application simply bundle up a voluminous file of medical records and declare, “See!”  But such declarative intonations accompanying files of “facts” do not explain in meeting the legal criteria to qualify for Federal Disability Retirement.  An explanation is in response to the query by a governmental agency and bureaucracy which requires that justification through explanation will meet the preponderance of the evidence test in being eligible for Federal Disability Retirement benefits.

Yes, there are some “facts” which may not require explanation — such as the beauty of a morning dawn pink with a quietude of poetry, where words fail to embrace the peaceful mood within the serenity of nature; but such facts do not reflect the chaos of the paperwork being received by the U.S. Office of Personnel Management, and very few there care about the pink dawn of nature, but want an explanation as to why the Federal or Postal employee is entitled to Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire