FERS Medical Retirement from the OPM: The person who wasn’t

It sounds somewhat like a Hitchcock film — or, is that too archaic a reference these days?  Is Hitchcock a film director whom nobody knows, anymore — another person who wasn’t?  Or, more precisely, “Isn’t” but was?  Is that the greatest fear of most people — the negation that erases, and why immortality and the existence of an afterlife is so important?

It is like Berkeley’s problem of the disappearing room — it is easy enough to imagine that when we exit one room and enter another, the first or previous one still exists in quite the same manner as when we last observed it (with the exception, perhaps, of a mouse scurrying along the baseboards or someone else entering the room while we are gone, changing the placement of the furniture, sitting down and smoking a cigar and changing the atmosphere in the room, etc.) — and the definition of “existence” as tied to our capacity to observe or perceive an object.

It is the thought of our erasure from existence that is the fodder for fear; yet, the self-contradiction of such a fear is so obvious as to logically obviate such a fear, but it doesn’t.  For the contradiction goes as follows: Our fear is based upon our thought of an event that cannot be, precisely because our erasure from the image formed by the thought cannot remain since we no longer exist; yet, it is the prevailing image of non-existence that haunts even though the image would not exist except during the pendency of our existence in formulating that image.  Existence reminds us of immortality; non-existence, of our vulnerability.

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, remember that the mere telling of one’s intention to file for Federal Disability Retirement benefits may trigger a host of reactionary retributions by the Federal Agency or the Postal Service, and so one should be carefully cautioned, guided and counseled by a lawyer when considering entering the administrative arena of filing for Federal Disability Retirement benefits.

It is as if the information about filing for FERS Disability Retirement benefits is a reminder of one’s mortality — that a medical condition that impacts you reminds those at the Federal Agency or the Postal Service that it could also happen to them — and thus the Federal Agency or the Postal Service moves quickly to erase such reminders by initiating adverse actions, harassing you, intimidating you, etc. — so that such reminders can quickly be erased in order to make you into the person who wasn’t.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: The subtlety of first light

Have you ever stood outside when first light breaks upon the darkened grounds?

How you struggle to see as your feet stretch forward with trepidation, unsure because of the shadows that befall, and with squinting eyes and a deepened sense of sleepiness, you struggle with the dawn of pre-dawn solemnity; and then, with such creeping imperceptibility, the world around begins to come into focus like the steamed mirror that suddenly lifts to show a reflection of a man standing and staring back at you; and the world in its sharp clarity unravels and manifests with a form of Being in its truest essence of Being.

When does the subtlety of first light sharpen into an image of unmistakable lightness of Being?  Can you ever pinpoint the moment?

It is always the incremental nature of beauty that creeps upon us, like the stealthy impact of the perfect word, the unannounced comma and the hyphenated pause; or like medical conditions that begin with a slight unease, evolve into a nuisance and become a chronic presence that just won’t go away.

Perhaps you cannot point to a particular day, or even a period when you first noticed that you could no longer perform one or more of the essential elements of one’s Federal or Postal position?  Like the subtlety of first light, there is no way to quantify the precise moment where darkness and light once clashing became the dominant force of visual clarity when once dawn reached beyond the rim of the universe?

Yet, on Standard Form 3112A, Applicant’s Statement of Disability, it asks the question when you, as a Federal or Postal employee, first became disabled — i.e., unable to perform one or more of the essential elements of your Federal or Postal job.  It is an important question and should not be lightly answered; for, there can be some dire legal consequences if you put down the “wrong” answer.

A “misstatement” can come back to bite; both in monetary terms, as well as providing a basis for an inconsistency where the U.S. Office of Personnel Management can use it selectively, as they often do, and extrapolate from other sources and argue that the inconsistency is more than mere coincidence, but a deliberate attempt to mislead and obfuscate.

And like the subtlety of first light, the answer to a question posed on SF 3112A is more than a fight between light and darkness; it is a question posed that may determine the success or failure of a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Persistence versus giving up

The latter should never be an option, although it is too often contemplated; and the former requires either a dull sense of reality or an in-born stubbornness that refuses to acknowledge defeat.  Both are often the result of the countermanding characteristic of the opponent who relies upon the fact that a certain percentage of the population either lacks the characteristic of persistence or otherwise will ultimately give up with nary an effort or will to fight on.

How many battles in history’s billfold of forgotten memories resulted in defeat because of a ruse portrayed by the enemy?  It is the bold pretension that tests the resolve and allows for victory or defeat; the knowledge that there will always be a certain number of people who, upon facing any resistance or adversity, will simply “give up” and surrender.  Thus is it left up to those who will persist no matter the challenge, where adversity and contention will be endured no matter the cost.

For Federal employees and U.S. Postal workers who enter the arena of a Federal Disability Retirement process, one should always expect and prepare each stage “as if” the battle at the next stage will ensue.  If a denial is issued by the U.S. Office of Personnel Management for a Federal Disability Retirement application, of course it is going to be written and conveyed “as if” the case never had a chance, “as if” none of the medical evidence had any relevance or significance, and “as if” you don’t even come near to meeting the criteria for eligibility for Federal Disability Retirement.

By sounding “as if” you never had a chance and failed miserably to meet any and all legal criteria for eligibility, OPM is banking on your lack of persistence and the concomitant reaction of simply giving up.

However, persistence is the key to success, and giving up is merely a prelude to a victory near at hand if only one steps back, takes a deep breath, and realizes that, from the very beginning, Federal Disability Retirement was never going to be an easy road to bear — but a consultation with an experienced attorney may well lift the burden of the beast where persistence is the key and not giving up is the pathway to a successful outcome at the next stage of the administrative process called “Federal Disability Retirement”.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Claims: The Cynic’s Corner

The Cynic’s Corner is that part of the mindset that has encountered the worst of human behavior; where sunshine is merely a prelude to a dark cloud; when brightness is predicted to last for only a short while; and where — when a declaration is made with a joyful sound of delightful exclamations like, “It’s the weekend!” — is immediately followed by the undermining postscript, “Yes, and then Monday follows.”

The view that life’s brutish perspective can be seen in stark contrast with the idealist’s naïveté that everything has a bright side to it, that human depravity always wins out by love, and sunshine always follows a cloud burst or a week of rainy Sundays.  Is moderation always the answer to the charge that truth never fits upon the spectrum of excessiveness, and it is the extremes of perspectives that defy the logic of truth?

The Cynic’s Corner is attained and reserved by and for the aged; for it is only by experience of life’s encounters with daily human depravity that one can come to the conclusion that the Cynic’s Corner has reached.  The fresh smile of youth’s hope; the innocent eyes for the swan in flight or the fawn in the hunter’s headlights; these will dissipate like time, wrinkle-less laughter and the fresh bones of a healthy body; and then the cynic whispers, “But in the end, we all wither and die.”

Perhaps.  Or, more to the point, Yes, there is certainly an end to everything, but isn’t the point not of how it ends, but of the manner it is lived?

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition itself has reached a critical point of “no return”, it is important to prepare an effective Federal Disability Retirement application, whether you are under FERS, CSRS or CSRS Offset, and submit it in a timely manner with the U.S. Office of Personnel Management.

If you are already a member of the Cynic’s Corner, then you will have already concluded that everything that could go wrong in the preparation, formulation and submission of the Federal Disability Retirement application, can and often does go wrong, and that is why consulting with an attorney who specializes in Federal Disability Retirement law is an essential feature and component of the entire administrative process, lest you have renounced your seat at the Cynic’s Corner and have instead joined that “other” club — the Knights of Naïveté.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Benefits: Escaping reality

In some sense, everyone does it; in another, no one can.  For, in a general, generic meaning of the term, to “escape reality” is to merely engage in an activity that allows one to take a break from the ordinary and mundane, as in going to a movie, watching television, playing a video game or engaging a game of chess. In the same vein of meaning, however, one could argue that such leisurely pastimes constitute a reality no less real than working, dealing with life in other ways and attending to one’s daily duties and obligations – it is simply in a different “form”.

Daydreaming, getting lost in an imaginary world through reading a book, of even sleeping – these also constitute a form of “escaping reality”, if the term implies a narrow meaning manifesting the daily grind of work, family and surrounding obligations.  Going to school, surfing the internet or concocting plans for grandiose schemes – these, too, can be considered “escaping reality”, inasmuch as they do not put food on the table or pay bills; and thus do we face the reality that people possess different meanings when they make critical remarks that are triggered to demean an activity by making the charge that engaging in X is nothing more than an attempt to escape reality.

There are, of course, true escapes that are harmless, and those that, if entertained over too long a period of time, can become an entrenched harm that may be irreversible.  Taking a dream vacation to an isolated island deep in the Caribbean Isles can be a healthy escape from the daily reality of work and exhaustion; imagining a life different from one’s own, through a limited period of daydreaming, may be an acceptable form of transcending the turmoil of a day’s trial; but creating a world where one’s loved one, lost from the reality of this mortal world, is still present through one’s imagination and will of existence, may be considered a sickness when it begins to impede the ability and capacity to take care of one’s own needs.

There is a fine line between healthy escapes and detrimental plunges into the surreal world of the imagination.  How one takes upon the challenges of a medical condition is often a delicate teetering amidst the boundaries of health and unhealthiness.  We would all like to will away medical conditions, but the reality is that the real-ness of the injured, sick or otherwise deteriorating body, mind or both, cannot ultimately be avoided.

For Federal employees and U.S. Postal workers, the idea of preparing a Federal Disability Retirement application is often a step towards recognizing the reality that there is no curative power that will allow the Federal or Postal employee to continue to work in one’s chosen career, and that preparing an effective Federal Disability Retirement application, to be ultimately submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is merely a matter of inevitable time.

Delaying the process, procrastinating the preparatory steps, or avoiding the issue altogether – all are a form of escaping reality.  Whether such an escape is a healthy precursor to the reality which must be faced, only the Federal or Postal worker who is engaging such an escape can tell, as the reality of one’s future may rest upon the very escape afforded by filing a Federal Disability Retirement application through OPM.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement under FERS or CSRS: Hey, at least he has a nice hairstyle

Dismissing all substantive imperfections, the phrase connotes that which we are left with:  a trope of magnanimous inanity.  The classic scene, of course, if one’s memory serves one well (and, concurrently, if one wants to reveal the generation from whence one came), is where “The Fonz” in the popular but antiquated sitcom, “Happy Days,” enters the bathroom at the local diner, and as he is about to comb back his grease-filled hair, stops, pauses, looks again, then declares with but a barely intelligible word, confirming the picture-perfect reflection of the image in the mirror, affirming that no amount of further effort would improve upon an already self-evident apogee of creation.

There are, of course, numerous excuses in life, some valid, others derived from pure laziness.  Somehow, the linear perspective of historicity makes of us a frozen frame in time.  Whether the line of demarcation is upon graduation from high school, or a community college, or perhaps even upon being awarded a university degree; we think it is acceptable to stop growing, cease learning, pause further development.

Leisure is often the powder-keg which explodes; the essence of human nature as encompassing the character trait of laziness — but what does that really mean?  Does it imply and denote that there is a genetic predisposition to refuse further growth, or merely an observation that, given the bifurcated duality of false alternatives, most of us would choose the easier path with the least amount of resistance?

If the latter, then it is merely a harmless tautology of observation, for it is self-evident that work and toil, as opposed to pleasure and enjoyment, are the lesser models of preference.  Emergencies; crisis; traumatic events; these, of course, constitute an entirely different category, altogether.  And, in a greater context and larger perspective, one could argue that such intersecting and often interrupting life-events in fact spur greater growth and maturity, by the experience of encountering death, tragedy or tumults of great struggle and endurance against odds stacked against one.

Life is full of challenges, and having a medical condition is one of the greatest of all.

For Federal employees and U.S. Postal workers who struggle because of a medical condition, such that the medical condition prevents the Federal or Postal worker from continuing in one’s chosen career-path, and where preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management becomes a necessity because of the inability to perform all of the essential elements of one’s Federal or Postal job, the endeavor to maintain a semblance of balanced perspective will often become a contentious force in and of itself.

It may sometimes seem as if the linear progression of one’s life has come to a stopping point, and that further growth is no longer possible.  Yet, the answer to a dilemma is often the process of the turmoil itself, and further growth and opportunity may be in some future arena yet unseen, after one has won an approval of a Federal Disability Retirement annuity and left the Federal or Postal workforce.

What one doesn’t want to do, is to remain stuck in a situation of stagnation, where all that one can look forward to on a daily basis is to hear a dismissive comment from the guy sitting next to you, who says, “Hey, at least he has a nice hairstyle.”

Sincerely,

Robert R. McGill, Esquire