Medical Retirement for Federal Government Employees: Age-based worth

That is the ultimate hub of it all, isn’t it?  Age is always a factor, whether a society enforces protective measures, anti age-discrimination laws, or simply deny the underlying existence of the subtleties that conceal the unfairness of it all.  What is it about age that compels people to judge the worth of others based upon it as the singular criteria that determines value?

If a person is expected to be at the “end” of one’s life — say, nearing 80 or 90 years old — is that person’s worth any less than the newborn who enters upon this world with the same expectancy as that old codger’s past remembrances?  Why do we consider it an honorable gesture if, on a ship that is about to sink, the older men make sure that children (and women) are the first to fill the lifeboats and rafts before considering themselves?  Are their lives not worth of any greater, equal or identical value as the young ones who benefit from such unequal conduct?

Perhaps, in modernity, such gestures of chivalry would no longer apply, and the more current perspective of “first come, first survive” would be the rule of the day.  In a society where criteria of worth and value have been cast aside and where each individual is considered without regard to age, race, ethnicity or origin, is perhaps the better approach — but is that true in all contexts and circumstances?  The fact that there should be no discrimination based upon age in the workplace — does it mean that the same rules should apply in the sinking-ship hypothetical?

For Federal employees and U.S. Postal workers who are considering preparing, formulating and filing 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, age must always be a consideration because of the automatic conversion to regular retirement at age 62.  On the other hand, the time that a person is on Federal Disability Retirement counts towards the total number of years of service when the recalculation occurs at age 62, and so the extra percentage points will be of great benefit no matter how old a person is.

The laws seem always to favor the younger, and age-based worth is often a consideration in engaging any and every sector of life, and that is no different in considering filing for OPM Disability Retirement benefits, whether under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: Complexity and Confusion

Life has become more complex than humanity has desired; those harsh days of “horse-and-buggy” past – of simplicity which is romanticized, yet of a day’s labor just to provide a subsistence lifestyle; where technology was not yet invented, leaving aside having had any thoughts about it; of leisure and convenience relegated to a Sunday afternoon, where even then, preparation of a meal was not about whether to go to the local supermarket or out to a restaurant, but to take and kill from one’s farmstead or hunt in the woods.

Is there a compromise and middle ground?  Does it all have to be complexity and confusion, or simplicity in its harshest manner?  There is, in modernity – and throughout the ages – a desire to “return to nature”; of an idealized perspective which is represented by dystopian narratives promulgated through epidemic catastrophes or war-torn holocausts of unimaginable proportions.

And, although such stories purport to reveal the dire consequences of how we treat this planet and seemingly portend of undesired results, yet there is a secret, underlying and not-so-discreet relishing of reincarnating Locke’s and Rousseau’s “State of Nature”, more formidably proposed by Darwin and his sycophantic followers, where the “survival of the fittest” best defines the characteristics of human excellence, and that those with book-smarts and wily, cagey talents – i.e., Wall Street Traders, computer geeks who made millions and billions by creating cognitively-applied moneymakers, and Bankers, Lawyers and the like (in other words, those who would never survive in a State of Dystopian Nature) – get their due recompense by being enslaved by the fitter and stronger.

But this is really nothing new; look at the utopian approach reflected in the transcendentalist philosophy represented by Walden, in the collective silliness of grown-ups wanting to be children as snot-nosed fantasies running around in diapers and hugging the earth, as Thoreau, Emerson and Channing, et al, were keen to do.  There is, then, a pervasive desire throughout history, of harkening back to a time never known, rarely reinvented, and forever in existence in its idealized, paradigmatic pinnacle of forms; but what of the alternative?

That option is already here – in the full complexity and confusion of modernity.

If we could just bottle every second, all of the minutes and the collection of hours promised that would be saved by each incremental advancement of technology’s rise, we should all be living the life of leisure.  Instead, it has all come crashing down upon us:  greater stresses; more complexity; a wider expanse of confusion.  They seem to come hand-in-hand, don’t they?

For the Federal employee and U.S. Postal Service worker who suffers from a medical condition, such that the medical condition prevents the Federal or Postal employee from continuing in the chosen career, complexity can lead to confusion, and by the inverse laws of physics, confusion can compound greater complexity.  Federal Disability Retirement is an area of law that is infused with inherent complexities; being confused about the process, including the statutory basis, what meets the preponderance of the evidence standard, and which case-law precedents apply, can further add to the complexity and confusion.

Seek the advice and guidance of an experienced attorney who can alleviate both, and as life itself is complex and confusing enough, adding to it by stepping blindly into the foray of Federal Disability Retirement without legal representation may be not just the height of foolhardiness, but more akin to the fool who not only attempts to have himself as a client, but is moreover a confused fool with an unidentified personality complex.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement Law: The Steps to Take

Life is often overwhelming enough.  Then, when a medical condition make its initial entrance, remains for more than a fortnight and begins to impede, curtail and prevent one from doing the things one has taken for granted –  the problem becomes more than just a nuisance, but a magnification and exponential exaggeration beyond that which was a burden to begin with:  another problem adding to a host of problems.  In life, we often know what needs to be done, and sometimes even the “how” in going about solving problems.  But the capacity to prioritize and organize, to sort a jumble into a linear coherency, and to gather the necessary components into a cogent whole, is often the problem that prevents one from moving forward.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the condition (or multiple medical conditions) begin to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal position, the normal sequence of events often take on the following incoherent pathway:  An inquiry is made with the Human Resource Department; two sets of Standard Forms are presented to the Federal or Postal employee (SF 3107 series; SF 3112 series); the Federal or Postal employee is told to read through them and “fill them out” and bring the entire sets back to the H.R. Office.  They will be there “to help”.

When such a development occurs, 2 issues immediately come to one’s attention, or should.  First, is there a sequence and methodology one should follow, that is better and more effective?  Second, if the Federal Disability Retirement application is submitted and denied at the initial stage of the process, will that same Human Resource Office or person be held accountable, and continue to “help” for the second and subsequent stages of the process?

The answer to the first question is an unequivocal “yes”; the answer to the second question is a bit more complex.  There are, indeed, many helpful H.R. offices and personnel.  The point of creating an H.R. Office is to guide, help and assist the employees of the agency or organization.  But filing a Federal Disability Retirement application is a different “animal” from most other processes.  Think about it; it is not like setting up an allotment from one’s pay, or changing the number of deductions for tax purposes.  No, it is a complex administrative process that, once out of the hands of the agency’s H.R. Office, is under the direct control of a separate agency – the U.S. Office of Personnel Management.

Further, filing a Federal Disability Retirement application, whether under FERS, CSRS or CSRS Offset, can become a contentious issue – once a denial is issued by OPM, and even a second denial at the Reconsideration Stage, then an appeal will need to be filed with the U.S. Merit Systems Protection Board within 30 days.  Then what?  Will the Human Resource Office that was so helpful, represent you there?

Every future holds a pathway for successful maneuvering, and yes, there are sequential steps to take in preparing, formulating and filing an effective Federal Disability Retirement application.  For that, a knowledgeable lawyer who is experienced in Federal Disability Retirement law can be helpful in guiding the Federal or Postal employee onto that pathway.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Blowing in the Wind

Of course, the reference recognized unmasks the age or generation from whence one comes, and the formal wording without the apostrophe is to allow spellcheck a rest and curtail the red underline.  It is the 1962 Dylan song, representing questions unanswered, answers made complex by society, and sought-after refrains which defy conformity.

Where is the answer to be found, and what can the wind represent?  Can Cliffs Notes Study Guides provide for a true education?  Or like chimpanzees in a beauty contest besides kids of comparable intelligence, is it merely regurgitation of rote memory, or some semblance of sociological dementia?  As the wind is ungraspable, and embraces and engulfs voices shouting and demanding, so the questions asked and the answers given are as ephemeral as the shifting streams of consciousness.

Nature has a way of humbling, of letting us know that though we aspire to become angels who can fly with knowledge and necromancy, with waving wands and cauldrons of witch’s brew in feeble attempts of arrogance and self-puffing, the reality is that our knowledge is limited, our capacity for growth is stunted, and the self-imposed mediocrity we generally follow reflects the tiredness of a man’s soul.

For Federal employees and U.S. Postal workers 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 positional duties, questions always abound, and answers sought are often disjointed and contradictory.

If there is an area of knowledge which needs to be precise, it is of “the law”, as people rely upon information certainty, and lack of knowledge and answers which blow in the wind merely confuse and confound.  The test of reliance should always be based upon a systematic history of sound judgment and accurate discourse.  Does the source provide reliable information?  Does it appear cogent, comprehensive and of common sense?

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, can be a daunting first step, for it means a change in one’s life, a step into another direction, and a leap of faith for an uncertain future.  There will always be questions to be answered, but one should never consider demanding answers to those queries via Dylan’s methodology of asking the shiftings winds of Nature, but by searching out a reliable source in this indeterminate universe of questions asked, and answers unforgiven.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Human Perfection

Human perfection, it would appear, can be achieved.  How?  Simply by altering the definition of terms and utilizing the malleability of language, the short attention-span of historical memory, and the capacity of people to fool themselves.  It is the methodology of “moving the goal posts” once the opposing team comes within striking vicinity of scoring in a game; instead of tinkering with the substance of the issue, we merely change the rules of application.

Such actions certainly reveal the disconnect between language and reality, where the former reflects the gymnastics of linguistic flexibility without direct connection to the latter, and where the latter can continue to remain unchanged despite the radicalization of the former.  It is the universe of Orwellian reality, where one may declaratively assert the truth despite empirical evidence to the contrary.  But there are limits to such an approach.

For Federal employees and U.S. Postal workers who suffer from a medical condition, the progressively deteriorating nature of the diagnosed medical condition, in and of itself, is just such a limiting factor.  Try as one might, you cannot “fake it”, or even if you can (for a time or a season), the nagging reality of the chronic and pervasive immediacy of pain, debilitating symptoms, and overwhelming fatigue tends to make irrelevant such attempts of avoidance, neglect and attempted pigeonholing of the medical condition itself.

Language is ultimately meant to connect the objective world with the capacity to communicate through the insular subjectivity of thoughts, responses and feelings; instead, in modernity, it is too often used to validate the subjective universe of narcissistic egoism.

For the Federal employee and the U.S. Postal worker who has come to a point where language can no longer redeem the reality of one’s medical condition, consideration needs to be given for filing a Federal Disability Retirement application through the U.S. Office of Personnel Management.  The Federal or Postal employee can only use the malleability of language only for so long; and just as perfection is never truly achieved just because we say it has, so the mere fact that the Federal or Postal employee asserts that the reality of the medical condition will “just go away”, doesn’t make it so.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Limbo Eruptions

Of certain politicians, it has become commonplace to expect such occurrences, but with a slight change in consonants in the first word.  As it stands, however, the word as left alone is a state of another kind; not of relational states of erotic ecstasy, but rather a border on the region of heaven or hell, where an intermediate state of oblivion exists in a transitional state of suspension.  To that extent, perhaps the two concepts are similar.

Such eruptions of inactivity and suspension are intangible and untenable; human beings, by nature, are vibrant beings constantly “on the move“, and wanting always to advance, progress and contribute to the aggregation of societal cauldron of accomplishments.  That is why, when a Federal employee or a U.S. Postal worker finds him or herself in a state of rancid and stale waters, where a medical condition paralyzes any progress and prevents the Federal or Postal employee from performing the requisite and essential elements of one’s Federal position, it is tantamount to experiencing a limbo eruption.

How long it lasts; to what extent it freezes; and when it will end; these are questions which only the paramour of time would know; and the bed which is being made is the price of warmth or cold one must endure if the Federal or Postal employee insists upon staying in that relationship.  For, like the “other” such similar-sounding concept, the limbo eruption can become a permanent feature of one’s transitional state, unless one files for Federal OPM Disability Retirement benefits under FERS, CSRS or CSRS Offset.

Federal Disability Retirement is not only an option, but a benefit one can fight for, if one meets all of the eligibility criteria as revealed in the Federal Disability Retirement laws governing the state of affairs.

Filing it may seem easy; obtaining it is not so easily accomplished; securing it for one’s future can sometimes be daunting.  But like the illicit eruptions which are sure to come for unnamed but otherwise well-known individuals, the limbo eruption of the Federal or Postal employee who suffers from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s Federal positional duties, must surely be overcome, lest the bed made is suddenly discovered by the jealous spouse who suspects more than a mere hug in the middle of the night.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Predictable Pantomimes

Most of life is simply lived.  One engages, works, plans, deliberates, initiates, completes chores, gets up in the morning, goes to bed at night, etc.  Little reflection or thought is required; much of it, like an automaton on a conveyor belt of cursory convenience, requires but mere human movement.

Perhaps in the mythological State of Nature, as described by Rousseau or Locke, the predatory environment creating a necessity of alertness just to survive, required greater cognitive involvement; or, as a corollary, an utopian condition of peace and tranquil coexistence with other forces of nature.  It is when one pauses for a brief moment, reflects, and has a sudden awareness of one’s self in the presence of others, that the very knowledge of acting within the confines and context of “doing”, becomes a consciousness of self-realization.

Self-awareness — that level of consciousness beyond mere recognition of one’s surroundings, but involving a direct acuteness of “being” but simultaneously “being in the world”, is what makes for human uniqueness.

Heidegger tried to describe it through linguistic mechanisms which turned out to be beyond the common realm of understanding or comprehension, and thus became relegated to the esoteric halls of academia.  Sartre and Camus attempted to capture it through fictional depictions, and indeed, it was more the texture of the novel, The Stranger, than the actual words, which came closest to successful conveyance of the experience of the absurd.

For the daily person, medical conditions tend to starkly bring out the reality of the experience.  Medical conditions suddenly reveal one’s vulnerability, and the fragile nature of one’s being.  Mortality becomes a reality beyond mere distance-reflection of some unknown future intent; it becomes the freshness of the now for a being within a body of decay.

For the Federal employee and the U.S. Postal worker who suddenly realizes that life, career, future and the boredom of constancy can be but a moment in time because of an impending medical condition which threatens one’s security and livelihood, 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, becomes a reality of immediacy, precisely because of the urgency of the medical condition upon one’s life and livelihood.

Suddenly, the priority of “being” presents itself.  What one did before the crisis of vulnerability was merely a predictable pantomime; the reality of life and the significance of relationships becomes the true being of living.

Filing for Federal Disability Retirement benefits may seem like a mere act of administrative convenience, but for many, it becomes the avenue of necessity in order to deal with the reality of illness, disability, and medical urgency.  And, as with all aspects of life and being, other predictable pantomimes will become apparent:  the agency’s hostile reaction; the looks of suspicion from others; unfriendly attitudes displayed by coworkers and supervisors; they are all merely actors on a larger stage, but yet to realize that “being” and “being-in-the-world” are one and the same, when tragedies befall and humanity acknowledges the fragile nature of life, like the soft petal from a dying flower which drifts soundlessly upon the earthen dust from which we were born, and to which we return.

Sincerely,

Robert R. McGill, Esquire