OPM Disability Retirement: The Wake-up Call

It can be requested pursuant to a prior arrangement or, with today’s technology, prewired on one’s own electronic device.  Time was when there existed an employed switchboard operator sitting in front of a pock-marked surface deftly inserting plugs of a dozen or more connections simultaneously, like an octopus whose coordinated extremities swirl about under and over with cross-purposed entanglements, pulling and inserting, with headphones half dangling, calmly stating, “This is your wakeup call.  Have a good morning!”

Then, of course, there is the other, more unwelcome meaning, of a negative connotation concerning an event or occurrence which portends of that which one may have always known, but only now realizes because of the impending doom.

For Federal employees and U.S. Postal workers, it may be the chronicity of the medical condition; or, the increasing outside pressures continuing to pile on, of leave-usage restrictions, suspension letters, placing you on a PIP, or the ultimate proposal of removal.

Whatever the proverbial wake-up call, it is time to prepare, formulate and file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset.   The call itself is merely the beginning of the process; there is the entirety and complexity to undergo, including the gathering of the compendium of medical documentation, the formulation of one’s Statement of Disability and the coordinating of all of the elements of the case, and then the submission and waiting.

The bureaucratic and administrative components of the process can sometimes appear to be archaic and somewhat anachronistic; but like the switchboard operator of yesteryear, the necessity of the service is never in doubt; it is merely the apparatus of change which remains relevant, and properly, and effectively preparing, formulating and filing for Federal Disability Retirement benefits is a mandate of action compelled by the wakeup call entitled “Life and the inevitability of change“.

Sincerely,

Robert R. McGill, Esquire
Federal Disability Retirement Lawyer

 

Federal Disability Retirement Attorney: Qualia & First Person Attribution of Mental States

Private, subjective mental states are unique by self-definition; they become public knowledge only when shared with deliberate intent, revealing the inner thoughts, private conceptual pondering, and narrative voices of the subjective “I”. Pain is similar in form, in that one can mask and keep private the experiential factor of pain, just as one can remain hidden in the private thoughts one engages.

Qualia, in philosophy, has to do with the subjective experience of one’s encounter with the greater world; and the first person attribution of a mental state encompasses the “I” in the midst of that universe of contained subjectivity. The problem always is how one can and should relate the private experience when a public narrative of that subjectivity is required.

For Federal and Postal employees who must file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the problem of conveying in persuasive form and argumentation, of transversing the chasm between the “qualia” of one’s subjective mental state into the foray of medicine, diagnostic testing, clinical encounters with medical professionals, and the entire compendium of what constitutes the “objective” world, is a necessary prerequisite where the incommensurable wall must be overcome.

An effective OPM Disability Retirement application under FERS, CSRS or CSRS Offset, is like watching a gymnast on a balance beam; overstating the subjective may result in loss of that balance.  Federal employees and Postal workers who suffer from those specific medical conditions which are considered “unverifiable” through normal channels of diagnostic methodologies — Fibromyalgia, chronic fatigue, chronic and intractable pain, etc. — must find ways where the public description goes beyond the qualia of private mental attributes.

In many ways, we have progressed culturally; and such progressivism is found in the diminishment and near-extinguishment of that dualism between the cognitive and the physical, and this is established by the general acceptance of psychiatric conditions as being just as “valid” as physical maladies. But old haunts and biased perspectives still abound, and during such times of transition, one must still take care in how one approaches subjectivity in the wake of the yearning for objectively verifiable evidentiary components.

Like the public who watches the graceful movements of a gymnast on a balance beam, it is the roar of the crowd in appreciation one seeks, and not the gasp of disappointment when lack of balance results in a sudden and unexpected fall.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement Benefits for US Government Employees: The Flux

Life must of necessity involve change; otherwise, the definition of its corollary occurs, or at a minimum, a deadened spirit.  But the tripartite self-contradiction of life, death, and the security of habituated changelessness entraps us all: In youth, the excitement of constant flux energizes; in later life, the unwelcome changes and interruption of daily routine leads to turmoil; yet, as the negation of the mundane equals the non-existence of youthful energy, so the denial of needed change must of necessity result in a deadened soul.

It is, of course, a concept which is often associated with Heraclitus, who proposed that all is change, and inevitably so, as we cannot ever step twice into the same river.  Parmenides, on the other hand, introduced the contrary idea, that change is impossible and merely illusory.  Subsequent philosophers have melded the two, and compromised the bifurcated extremes, somewhat akin to the composite yin-yang embracing of the opposing forces of life.  But as resistance to change implies change itself, so surrender to flux may also indicate loss of will.

For Federal and Postal employees who begin to suffer from a medical condition, such that the impact from the medical turmoil must of necessity dictate some needed changes in one’s life, so the natural instinct to resist the flux of one’s career is a natural reaction.  But for the Federal and Postal employee who ignores the need for change, failure to foresee will ultimately result in changes being made by external forces, and not necessarily by choice.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS or CSRS, is something that must be proven by the Federal or Postal employee who becomes a Federal Disability Retirement applicant.  It must be proven by a preponderance of the evidence; it must be affirmatively shown to the U.S. Office of Personnel Management that one is eligible and entitled to Federal Disability Retirement benefits.

When a medical condition begins to impact the Federal or Postal employee’s capacity to perform the essential elements of one’s job, the temptation is to first see the world as Parmenides did, and to resist change; but the reality is that change has always been in the air, and the metaphorical river to which Heraclitus referred has been eternally running through the peaks and valleys of life, quietly and without our realizing it.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement Benefits for US Government Employees: The Unchosen

It is a term and concept which denotes a negation of what once was; like an unfinished paragraph or a torn page in a novel, the act of undermining and incompleteness is implied; and so the reader will never know the full story or the thoughts once surfaced but buried forever in the settled dust of time.  A career cut short; quiet whispers of, “and he was such a promising young man…”

Federal and Postal Workers who file for Federal Disability Retirement benefits, whether under FERS or CSRS, through the U.S. Office of Personnel Management, fit nicely into that category of the unchosen.  Once part of the workforce, the need to detach, separate, and move on to another and different phase of life, career, vocation and stage — all are aggregately bundled into the entire process of separation from an organization which once chose, but because of circumstances beyond one’s immediate control, ascribed with the prefatory negation of that which once was.

When a medical condition impacts one’s ability to perform all of the essential elements of one’s job, the Federal employee has few choices.  Continue on as one of the chosen; walk away with nothing to show for it; allow the agency to determine the time and place of becoming one of the unchosen; or file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, and have some semblance and control of being the master of one’s destiny and future.

Becoming the unchosen may begin with a preface of negation; it is up to the Federal and Postal Worker to replace the torn page, and complete the unfinished paragraph.

Sincerely,

Robert R. McGill, Esquire

 

CSRS & FERS Medical Disability Retirement: Sand Castles

Walking the beach in the winter months, one can imagine the activity of the previous summer; of the gaiety of childhood mirth; laughing squeals of delightfully unrehearsed cacophony mixed with the rolling sounds of surf and sun swept music of hollow reeds bending in the dunes of nature’s creation; and of sand castles constructed for a day, only to disappear in the silence of night as the tide comes, toppling the singular turret and washing over the parapet walk, never to be inhabited again but for a future summer to come.

It is those very sand castles which we build, and to which we cling, then refuse to allow nature to sweep away, thinking somehow that through sheer human will and dominance of stubbornness, we can betray and defy the fragile nature of our being.  Clinging to bygone feelings of security and warmth is a characteristic of human folly.  We do it to our own detriment.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition prevents one from performing the essential elements of one’s job, there comes a point of “letting go”.  Often, the time to do so has passed by; but so long as one is within the legal, statutory timeframe, it is never too late as a practical matter to file for Federal Disability Retirement benefits.  Whether under FERS or CSRS, a Federal Disability Retirement application is ultimately filed with the U.S. Office of Personnel Management.

For many Federal and Postal Workers, the recognition of making “that dreaded change” is a difficult decision to make; and like sand castles built for eternity in a child’s mind, the reality is that very few things in life last longer than the pull and tug of the tides of change which inevitably wash away the dreams we once held.

Sincerely,

Robert R. McGil, Esquire