Federal Disability Retirement Law: Goodness in Dark Times

It is the famous question brought to the fore by Hannah Arendt and others in the aftermath of WWII.  The trial of Eichmann brought some clarity to the issue; of the banality of evil; of the trial of human goodness in contrast to questioning the existence of evil.  Faith was said to be lost in the aftermath; for, how could a God who purports to be pure goodness, allow for such evil to dominate?

Camus warned of humanity’s descent into further darkness; that the mass concentration camps were not the end, but merely the beginning of wider and more ferocious depravity.  The question really was never how there could be goodness in dark times; but rather, why or how there could be goodness at all.

Since WWII, modernity has strived — albeit, rather in a fumbling and ineffective way — to reeducate children to engender greater empathy for one another; to stamp out (or at least, divert) man’s inherent “evil” within; to try and prevent the predilection towards violence, etc. Then, of course, the Internet was created; Social Media exploded (or imploded); the pandemic exponentially heightened; and the rest is history — of dark times in greater numbers; the selfishness of the ultra-wealthy; the rise of autocratic regimes and the reemergence of greater evil.

In the end, it is not the question of goodness in dark times which matters, but rather, how to extend, to the extent possible, some iota of goodness within the times we live in.  Laws, in the end, and the abiding of laws, are the only hope we have.

For Federal and Postal employees needing to file for Federal Disability Retirement benefits under the current Federal Employees Retirement System (FERS), through the U.S. Office of Personnel Management, goodness in dark times is defined by the ability to manage your life despite the dark times.  Chronic medical conditions can be overwhelming and appear to present a period of unending dark times in your life.  Fortunately, the laws governing FERS Disability Retirement provide some amount of goodness and point to a brighter future.

Contact a FERS Medical Retirement Attorney, that is a legal expert who specializes in Federal Worker Disability Retirement law, and consider that there is still some goodness in dark times.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

OPM Disability Retirement Benefits: Word Games

Playing word games — like the New York Times Spelling Bee, or “Wordle” (a game which was just recently bought by the New York Times, and thus will likely require a fee in order to play) entails some reflection and methodology of thought.  Word games are meant for fun; they are often challenging, and prompt us to engage in an intellectual exercise devoid of reality.

There are, of course, other “word games” — ones which are played in the field of reality and the objective world.  It is how human beings engage with one another, and it is seen each day throughout the world in courtrooms and battles utilizing and applying the law.  Unlike word games where there are no real consequences in “real life”, the other kind of word games results in an impactful determination upon individual lives.

FERS Federal Disability Retirement Law is no different.  As every Federal Disability Retirement application is a paper presentation to the U.S. Office of Personnel Management, it must by necessity involve a certain level of word games — of presenting the applicable case-law; of formulating the proper language; of engaging in the give-and-take of legal argumentation, etc.

Wittgenstein called it a “language game”, but in the end, they amount to the same thing: Words, as parts of a language, engaged in a “game” which must be played.  And in doing so, it is a good idea to contact a FERS Attorney who is experienced in the word game of Federal Disability Retirement Law, lest the twisting tunnels of legal language lead you to the ends of the earth where a gaping hole of a denial from the U.S. Office of Personnel Management leaves you speechless in a word game of real-life consequences.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

OPM Retirement for Medical Incapacity: The boxes in Standard Forms

For some forms, it is a convenience to have a restrictive, limited “box” in which to put the “x” into, or maybe the needed “Not Applicable”; others, however, try and contain a limited narrative and force succinctness into the standardization of answers.  That is all well and good, and perhaps from a bureaucratic standpoint and perspective, the conformity of forms and the mandatory “answers within a box” makes for streamlining of paperwork.

The reality, however, is that some questions cannot be answered — and more importantly, should not — within the proposed space allocated, and so you have two (2) choices: decrease the font size in order to fit a greater substance of the narrative within the provided box, or attach a continuation sheet despite no indication in the standard forms for allowance of such cheekiness of presumptuous creativity.

How does one identify which Standard Form should be prepared and completed within the confines of standardization, and which ones should not?   First, a conceptual identification should be applied: Which ones are merely “informational” that request only singular answers, and which forms make queries that compel for narrative answers?  Once that initial, identifying bifurcation is made, then the next step is to determine whether an adequate and sufficient response can be stated within the “box” provided within the font-size allowing for regular eyesight that does not require extraordinary magnification, or if a continuation sheet is necessary.

Thus, in a Federal Disability Retirement application, certain Standard Forms are merely informational — for example, the SF 3107 series which asks for basic, factual information.  Then, of course, there is the SF 3112 series, and especially SF 31112A, Applicant’s Statement of Disability.

For the Federal employee or the U.S. Postal worker under FERS, who is considering filing for Federal Disability Retirement benefits, the greater mistake has often been to quickly annotate within the boxes provided a swift “jotting down” of the medical conditions one “feels” — as if the body parts providing temporary sensations for a given day, or even the lack thereof, will sufficiently satisfy the eligibility requirements that must be met in order to become approved for a Federal Disability Retirement annuity.

Make no mistake about it: there can be dire legal consequences if SF 3112A is not completed properly and sufficiently.  And always remember the philosophical dictum: That which is necessary may not be necessarily sufficient, and that which is sufficient may not be sufficiently necessary.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The title itself

Sometimes, it is good to go “back to the basics”.  Throughout these blogs for these past and many years, the attempt has been to relate common everyday experiences and life’s challenges to the Federal employee and U.S. Postal worker struggling daily to maintain one’s career and to extend a career in the face of a medical condition.  Yet, the primary focus has always been to try and remain informative; to give some sense of the process of filing a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Sometimes, however, the title itself is sufficient, and one does not need the additional analogy, metaphor or “connectedness” to try and understand the process, and instead, all that is required is the title itself.

OPM Disability Retirement is a “medical” retirement.  It is based upon a medical condition that prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job.  Yes, it can be a very, very complicating process, especially because there are potential pitfalls throughout the multiple administrative steps.  At each step of the procedural paths, there may be legal consequences that may not be correctible once the Federal Disability Retirement application has been submitted and a case number has been assigned at Boyers, Pennsylvania – i.e., a “CSA number” that begins with the number “8” and ends with a seemingly irrelevant “0” appended as the last of series of numbers.

Aside from the inherently complex questions posed on SF 3112A, Applicant’s Statement of Disability, the initial question that one must face and answer is (A) Whether, as a practical matter, Federal Disability Retirement is worth it, and (B) Whether there is a good chance to become eligible for it.

As to the first question, the factors that must be considered are: One’s age (for, at age 62, all disability annuities are recalculated based upon the total number of years of Federal Service, including the time that one is on Federal Disability Retirement, and as it now takes at least a year to get approved by the U.S. Office of Personnel Management, the question needs to be asked as to how old one is, how close one is to reaching regular retirement, and whether one can last until such age of retirement and the accrual of enough service computation years of Federal employment, etc.), how many years of Federal Service, and whether the Federal agency or the Postal Service is threatening to proceed with termination or separation.  And as to the second question, issues concerning the type of medical condition, the severity, the impact upon the Federal or Postal positional duties, the extent of support, how much reliance of such support is based upon a VA disability rating, and multiple other factors.

The “title itself” is often quite simple; it is the subtexts, the parenthetical unknowns and the hidden potholes along the road to filing a Federal Disability Retirement application (here we go again with the analogies and the metaphors) that makes for a complex and complicated journey.  But, then again, hasn’t that always been the case throughout life – facing the title itself that seems simple enough, but finding out that it is a bit more difficult than first thought?

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: The narrative we write

Each of us carries a narrative within; the David Copperfield segment of our otherwise unrevealed lives.  It is who we are; the past that enlivens or diminishes; the memories of yesteryear or just a fortnight ago; and it resides continually until that day of atonement or the diminishment though dementia of fated unkindness.  What we say; how it is written; how it is related through the handed-down oral traditions of storytelling and bemused tales of a Dickensian happy endings (excepting Little Nell and other debatable few unnamed); and how it is told, in what manner, with what punctuations and unctuous phraseology applied; these matter, especially when others are listening.

Perhaps, in modernity, the oral traditions of storytelling have disappeared, like graveyards unvisited because of loss of faith.  Once, family members were buried on the plot of land in the pasture behind; now, that plot is another suburban home, easily fungible and sold if profits justify enough.  Lineage is irrelevant, except to search one’s genealogy in order to establish the bloodlines unique to resist disease and incest; and as children listen not to the storyteller at dinnertime, but to rap singers on iPods and Smartphones, and digitized voices in virtual fields of games and electronic media; even they get their sense of who the “I” is, by songs uttered with vitriol and You-Tube clips streaming for self-aggrandizement.

We lament that which we have no control over, yet do nothing to exert but a trifle of influence.  The standard adage should remind us:  “Garbage in, garbage out”; and, yet, who among us steadfastly maintains the duties of the vanguard who must imperviously maintain a standard of who is invited and what is kept out?  Or, does “popularity” rule, and the old edict by a shoe company trying to dominate the cutthroat world of sales and profitability, “Just do it” – is that the philosophy we follow?  Or, how about, “If it feels right (or good), then…”

The narrative we write is the storyline that follows, and the byline that stamps its approval at the bottom of the tale acknowledges who we are, what we believe in and where we intend to go.  What would your response be if a child suddenly came upon you and asked, “Who are you?”  Would the narrative that bespeaks include struggles encountered, battles engaged and promises kept?  Or would the story be a confused delineation of a skeletal clutter, barely recognizable as a unique reflection of the angels we fly with?

For Federal employees and U.S. Postal workers who are 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, the narrative we write, especially on the Standard Form 3112A, is perhaps the penultimate component of the essence of the effective Federal Disability Retirement application.  How it is written; what information it should contain; the relevant period of discourse; the proper delineation in answer to the queries; these must all be taken into account before submitting it to OPM.  And, just as the response to the query by the curious child should give one pause, greater reflection before submitting an SF 3112A to OPM should be taken, lest the narrative we write reflects that which we no longer want to own.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Early Medical Retirement: Sleep Disorders

Sleep disorders; non-restorative sleep; Sleep Apnea; Sleep dysfunctions; altogether, they can cumulatively comprise distinguishable medical disorders, but often are lumped together, and can encapsulate differing and almost opposite conditions, including idiopathic hypersomnia, major hypersomnolence disorder, insomnia, narcolepsy, and similar medical disabilities.  Often, the effects and symptoms are the major issues, resulting in profound and intractable fatigue; inability to focus or concentrate; lack of mental acuity, etc.

For Federal employees and U.S. Postal workers who suffer from various sleep disorders and varying severity of such sleep dysfunctions, the impact can be severe and palpable.  Whether in a sedentary, cognitive-intensive position where mental acuity and focus, concentration and attention to detail are impacted; or in “safety-related” work where reliance upon full awareness, wakefulness and perceptual judgment of one’s surroundings are critical; sleep disorders can have a direct and negative impact upon the Federal or Postal worker’s ability and capacity to perform all of the essential elements of the positional requirements.

Such sleep dysfunctions and sleep disorders are viable medical conditions which form a foundational basis for a Federal Disability Retirement application, submitted through the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset.

In past ages, people used to merely associate and dismiss daytime somnolence as mere “laziness” and lack of willpower; fortunately, we now know better, and such knowledge is reflective of a small but incremental advancement in human progression, which is always an amazing feat in this cesspool of ignorance we deem as civilization.

Sincerely,

Robert R. McGill, Esquire 
OPM Disability Retirement Lawyer

 

Medical Retirement from Federal Government Jobs: Canards and Caustic Characters

Life is tough enough without having to deal with unfounded rumors, mongering of fears (the term “fear-mongering” is itself an interesting one, denoting a tradesman or merchant who specializes in the sale of specific goods, and thus implying a commerce of black-marketed ideas connoting instability, undesirable and shady commodities) and encounters with unpleasant invertebrates masking as human beings.

Canards float throughout workplaces like pheromones released and attracting species of a similar ilk, and suddenly the ravages of the herd mentality provoke a carnivorous feast of mauling and prey-stalking.  The “fix” is in, and you know it, and wait for it to come, like the inevitability of a season’s change and the waxing and waning of the crescent moon; only, when it is you as the bulls-eye target of caustic characters, the eternity of time in anticipation of the forthcoming tidal wave and onslaught of adversity seems like the slow travel of a singular teardrop down the dry gullies of a pock-marked surface.

For Federal employees and U.S. Postal workers who are in need of 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, that feeling of impending doom is familiar, close, and nevertheless unpleasant.

Agencies of the Federal kind (we speak not of State, County or Local ones, as this author has no knowledge of their characteristics and internal workings, although one may presume that, by stint of metaphor and symbolic comparison, there may be a kinship between and betwixt) and the U.S. Postal Service have a reputation to uphold, and the prevailing one always seems to involve canards and caustic characters, especially when it comes to treatment of fellow Federal and Postal employees with medical conditions, such that the medical conditions begin to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s positional duties.

When the time comes — and the inevitability of when and how the Federal agency or the U.S. Postal Service will conduct itself is never without a shade of doubt — as to the need for filing for OPM Disability Retirement benefits, hopefully the Federal and Postal employee will leave the scene of the crime and go on with life with an OPM annuity, with mere memories of fading glories, for this canards and caustic characters who are left behind to boil in the meanness of their own making.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: How Long Can Negation Define Living?

The tipping point where negation of living constitutes greater time spent than affirmative enjoyment of the activity engaged, is determined by individual choices and preferences.  Some individuals retain a higher threshold for pain, discomfort, and capacity to endure; and the fact that an MRI reveals a degenerative or decaying physical attribute does not necessarily correlate with the capability to ignore or otherwise minimize the magnitude of pain.

To what extent one avoids “doing something” in order to contain the pain; deny the self from pursuance of an activity in order to endure; to maintain quietude and an immobilized sedentary state of being in an effort to make the worn body and troubled mind last for a day, a week, or a decade longer; such are the efforts expended in a life of negation, in order to continue to “live”.  But is life defined by a quantum?  Or, is quantity in any way related to quality?  In “elder law”, there is often a discussion about “quality of life” issues, but the fact is, such a question and concern pervades with significance throughout one’s life, and not just towards the twilight of living.

For Federal employees and U.S. Postal workers who suffer from a medical condition,such that the medical condition begins to prevent one from performing one or more of the essential elements of one’s positional duties in the Federal Sector or the U.S. Postal Service, the question of when “enough” is already “too much” is one which haunts, tails, latches on as an appendage of inflamed emotions, and refuses mere hand-waving as an irritant to swat away.

Yes, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is a major step in one’s life, but at some point, the alternative left unstated and ignored must be directly confronted and faced with courage, pragmatism and prudent behavior.

Habit of negation can become so intertwined with one’s daily life, that it remains as a compromise allowed because one believed that no alternative was offered.  But as a life defined by negation becomes, at some point, a qualitative issue where all joy has been sucked out of the vibrancy of rightful ownership, so the choice to change in order to attain a semblance of a past life, memorialized in times of youth where pain and psychiatric disorders were merely hypothetical constructs hinted at by “others” in the community, so taking an affirmative step in order to be released from the confines of daily toil and turmoil is often the best and most hopeful avenue towards a life of positive images.

For Federal employees and U.S. Postal workers, filing for Federal Disability Retirement benefits through OPM is often the best choice left in order to “move on” towards a greater definition of “life as living” once forgotten because of the constant harassment and fear imposed by the Federal agency and the U.S. Postal Service.  At some point, negation cannot define living, as life is more than avoidance, and there is joy to be found beyond Federal employment and the U.S. Postal Service.

Sincerely,

Robert R. McGill, Esquire