Medical Retirement Benefits for Federal & Postal Workers: Expectations versus Reality

The dawn of the American century arrived sometime after the First World War.  America’s entrance into the world stage; its dominance in influencing culture, economics, politics and social upheavals cannot be ignored.  At home, too, kids were brought up with a view that expectations were limitless; that everyone could achieve anything and everything so long as you put your heart, mind and soul into it.

The reality, of course, is quite different.  For, the fantasy of expectations fails to take into account individual limitations, whether in the arena of creativity, intelligence, circumstances or just plain luck.

We taught our kids the false pablum that in America, everything is possible for everyone, and thus do we have the reality-check upon millennials and others that, NO, not everything is possible, and sometimes you have to accept the plain fact that reality imposes a check upon your expectations: You cannot win at everything; you cannot succeed at every crazy venture; you are not always going to come in first; and, in fact, you may not even be given a pat on the back just because you show up.

Medical conditions, likewise, provide a reality check.  We are not all of us triathletes; our bodies are, indeed, vulnerable; and though we may think we are a species which can multitask better than other specialized animals (i.e., the predator cats are good at chasing and killing; the falcon at zeroing in upon its prey, etc. — but the human animal, though not the best at any one thing, is good enough at a multitude of different tasks), there is a limit as to how much we can do before the stress and anxiety of becoming overwhelmed sets in.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition has given you the reality check against expectations of continued employment with your Federal Agency or the Postal Service, contact an attorney who specializes in Federal Disability Retirement Law and begin the process of initiating the preparation, formulation and filing of an effective Federal Disability Retirement application — where you are finally recognizing that there is a substantive distinction to be made between expectations and reality.

Sincerely,

Robert R. McGill, Lawyer
OPM Medical Disability Retirement Attorney

OPM Medical Retirement under FERS: The Peppered Denial

Take a handful of pepper and go out into the snow (which shouldn’t be too difficult, given the snow storms of recent vintage, at least in certain areas of the nation); throw it up into the air and let it “pepper” down.

What do you see?  Pock-marks of darkness, and as it dissipates with the melting cold, a spreading of dark spots — depending upon the kind of pepper it is. Or a shotgun blast from afar — see the spread of indented imprints left where the pellets become less constrained based upon the distance of the target.

The U.S. Office of Personnel Management takes the same approach — of “peppering” you with reasons in a denial of a Federal Disability Retirement application.  X-medical report says Y; notation on the doctor’s progress note indicates Z; you didn’t have any service deficiencies; even though B says C, it doesn’t matter because OPM doesn’t believe D; and on and on.

One would think that, instead of such a meandering approach, the OPM medical specialist would present a tighter, more coherent basis for such an important issue.  The question is: Does each pepper-spot need to be cleaned with a salt-like application to answer them?  Or, can a more generalized approach be applied?  It depends.

Contact a FERS Disability Retirement Lawyer who specializes in OPM Disability Law and begin the process of responding to the peppered denial from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Lawyer

 

FERS Disability Retirement for Federal Employees: Maintaining the Fakery

Is it like a bakery, or perhaps some other manufacturing facility where things are made?  In some sense, perhaps; but it is not the “making” of it, but of maintaining it.

To a great extent, we all have a feeling of fakery — that we are not as competent as others believe us to be; that our outer appearance of confidence, boldness, knowledge and positive attitude do not reflect our inner sense of insecurity, tentativeness and lack of certainty.  Are there people in this world where the “inner” self actually reflects the “outer”?  Or, are we all beset with being a quivering ball of showmanship — like the famous actor who falls apart before every show but somehow regains his composure and acts like a star every time?

Maintaining the fakery is what is required daily; some are better at it than others; still other thrive by it; and the few detritus of human beings who cannot abide in it, fall apart and admit to being unable to maintain it any longer.

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, maintaining the fakery is an essential part of the medical condition itself: Of trying to keep up one’s performance level; trying to hide the symptoms of the medical condition; trying to maintain the level of attendance and hide the debilitating effects of the medical condition itself, etc.

But fakery can only deceive for a limited amount of time; and when the truth begins to seep out, it may be time to consult with an attorney who specializes in Federal Disability Retirement Law, lest maintaining the fakery leads to the greater truth about yourself, that in the meantime your health is what is being sacrificed upon the altar of truth.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Future Robbing Present

How much time do we spend worrying about the future?

In this concerning age, where debts keep rising, expenses keep increasing, wages remain stagnant and instability around the world continues as a reality we are all faced with — the amount of time spent in anxious anticipation of a future not yet established is a reality which we all must constrain.

Planning for the future is a necessity; articulating plans and loosely following them, a nuisance; but what of worrying about a projected experience not yet upon us — is it a mere waste of time?

The future robs the present by keeping our focus outside of the experiences of the present; whether by brooding about it, being lost in thought for it or merely fidgeting with anxiousness towards it; it all amounts to the same:  The joy of a present experience is lost because of the worry which overwhelms us.

Of the past — we tend to relish or regret it; but inasmuch as it is something that has already occurred, we do not obsessively remain in that time slot; unless, of course, we fear the consequences of past actions upon future events.  But it is for present circumstances that may trigger future worries — as in a medical condition currently experienced that we project into the future as to the medical condition’s capacity to impact our anticipated lives.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition will likely prevent the Federal or Postal worker — in the future of, say, 6 months hence, 12 months beyond, 3-5 years of becoming — from performing one or more of the essential elements of his or her Federal or Postal job, it is always a good idea to consider early in filing for Federal Disability Retirement benefits under FERS.

If worry for the future is robbing the present, then it is time to consult with an Attorney who specializes in Federal Disability Retirement Law.  Worrying about the future will not change or alter the course of events yet to come; to prepare for a pathway towards such change for the future, it is wise to first consult with an experienced Federal Disability Retirement Attorney, lest the future come upon you unprepared and like a thief in the night robbing you of your present.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The memory of greener pastures

Are memories faulty, and are they so for a purpose?  Does the human psyche selectively extrapolate the positive and repress the negative precisely in order to preserve an optimism that will incentivize survival?  If our memory banks retain a pessimism such that the overload of negative images cumulatively dominates, wouldn’t the subtle forces of depression set in to overwhelm us?

The memory of greener pastures — are they true in an objective sense, or only in the selective and myopic perspective that has filtered the negation of subjective desires?  Was childhood as innocent as we remember?  Were the ice cream cones on a hot summer’s day better then, and the wintry winds of Christmas Eve so filled with anticipation of glee that yesterday’s joy was tenfold the truth of untold lies?

We do tend to remember the summers of yesteryear, and of thinking that the lights across the street glow a warmth of love and fidelity; and yet, we know that the room within which we stand is likely a reflection of a reality no lesser, nor no greater, than the greener pastures across the way.  Except when a medical condition hits us.  Then, the memory of greener pastures always reflect the “before” — before the condition worsened; before it began to impact my work; before it became a chronic condition.

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 job, it is often the memory of greener pastures that finally prompts the Federal or Postal employee into preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management under FERS.

For, the greener pastures that once were can still be those of tomorrow, but only if the focus of one’s life can attend first to the medical condition itself, without the greater burden of work and the harassment and constant hostility of the Federal Agency or the U.S. Postal Service.

To preserve and hold sacred the memory of greener pastures is to prioritize the things that we hold dear and important, and one’s health should be at the top of the list of such priorities.  Protect it by preparing, formulating and filing an effective FERS Disability Retirement application, to be filed through OPM so that those memories of greener pastures in yesteryear’s childhood joys will not be subsumed by the worries of one’s deteriorating future.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The little pleasures in life

One often suspects that the concept itself was invented by the wealthy and scornful — perhaps in some back room where caviar and champagne were being served, and someone whispering, “Let the little people have some little pleasures in life…”.  It is that which we are prevailed upon to believe as the ultimate contentment of life: of the “little pleasures” that pass by as the greater significance, as opposed to owning an original Monet or a Renoir.

Is it all bosh?  Does sitting alone with a fresh cup of coffee before the din of life invades — can one glean any greater pleasure than that very moment of quietude just before?  When one stands in those rare moments of uplifting insights — as when, on a clear and darkened sky, you look up and see the trail of a shooting star — does the fact that everything else in the world seems to be falling apart make up for it because you suddenly realize the majesty of the colorful universe above?  Or of a playful lick from your pet dog, the squealing laughter from a child’s joy, and even of the simple pleasure of reading; do these bring greater pleasures than caviar and the roar of a yacht’s engine?

Perhaps there is truth in the admonition of the wealthy that little people should be allowed to enjoy the little pleasures in life; otherwise, what would we all be left with?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the little pleasures in life will often have become the greater tragedies of reminders — reminders that you cannot even do those things you once took for granted.

When that critical juncture of realization comes about, then there is often the further recognition that it is time to prepare, formulate and file for Federal Disability Retirement benefits, to be submitted through the U.S. Office of Personnel Management, in order “go back to the basics” — of prioritizing one’s health as opposed to work and career; of regaining the little pleasures of life, like having a restful sleep without the interruption from pain or anxiety.

For, in the end, whether born of wealth and privilege or of ever struggling to meet a bill, it is truly the simple pleasures of life that provide for the foundational clarity of truth in a world that promotes falsity that becomes revealed when the importance of one’s health comes to the fore.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Information: Accuracy

How important is accuracy?  The converse of such a query, of course, is:  Is inaccuracy significant?  One would immediately posit:  It all depends.

Take the following 2 hypotheticals:  An archeological dig is conducted, and it is believed that the site of the ruins is of relevant importance concerning a time-period of “recent” history — say, during the American Revolution.  Given that scenario, the “dating” of the site should be ascertainable within a year succeeding or preceding, such that if the Lead Archaeologist declares that the event in question occurred in 1778, “or possibly in 1779, maybe as early as 1777”, we know that — given the time period in question (1775 – 1783) — such a statement conveys a fairly accurate historical context.

Now, take the same hypothetical, but this time [sic] concerning some form [again, sic] of a fossil that is deemed at least 500 million years old.  If the Lead Archaeologist declares with some hint of irony, “Give or take a few million years more or less” — what would our reaction be?  Is such a “find” just as accurate as in the first hypothetical?  Can a declaration that is numerically off by a few million years (i.e., looking at it in quantifiable terms of 24 hours in a day times 365 days in a year times 2 – 5 million years equals how many hours for those who want a graspable perspective) be called a “science” in any meaningful usage of the term?

Of course, one could argue that even within the first hypothetical, given the limited range of years that comprises the American Revolution (1775 – 1783, or a mere 8 years), to be off by a year or so is also quite an astoundingly inaccurate assessment.  But which is “more accurate” — the one that is estimated within a year, or the one that quantifies it in terms of “millions” of years?  Can one even ask the question of “more or less” accurate, when the very concept of accuracy itself denotes precision and pinpointed, undeviated marksmanship?

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the question of “accuracy” can be a crucial one.  How “accurate” does one’s Statement of Disability need to be on Standard Form 3112A, Applicant’s Statement of Disability?  What “precisely” does the treating doctor have to include in the medical report?  How detailed (and therefore, accurately) does the nexus between the medical documentation and the Applicant’s Statement of Disability does it have to reflect?

In all such questions, “accuracy” is a goal to attain in preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.

For, while the Archaeologist may be “off” by a quantifiable sum of years in a site-dig and suffer little to no consequences, the Federal Disability Retirement applicant must depend upon the accuracy of the law in determining benefits to secure a future yet uncertain, and such an administrative endeavor is likened more to the accuracy of the arrow that is shot towards an apple resting upon the head of a young boy, than of a declaration made that is off by a few million years, give or take, more or less.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Tempering euphoria

Life presents a wide spectrum; it is the limitation of one’s mind that restricts the expanse of that endless stream flowing on either side.  Euphoria rises to the pinnacle of that swinging pendulum; the high that reaches, follows upon a subsequence reversal of the tidal wave, and comes crashing down in fits and tumults of dismaying turbulence.  Does it necessarily need to be contained?

In modernity, and in society generally, there is a level and pitch of discomfort when intense feelings and exuberant outbursts of excitement surpass a certain arc of acceptability; there is no rule or law governing the demarcation where acceptance, discomfort and outright rejection are dissected, but it is there nonetheless.  It is like the line between light and darkness created by a campfire in the twilight on a beach that reaches forever beyond the darkness of the sea; yes, somewhere the glow of the fire ends and complete darkness begins, but we can never perceive with clarity where that boundary lies.

Some neuroscientists ascribe to the view that the extreme of euphoria occurs when there is a simultaneous, concurrent activation of all hedonic trigger-points with the brain’s rewarding system of stimulus-responses, but surely many have experienced such a state without the coalescence of such a perfect storm?  As the antonym of dysphoria, it is perhaps another hidden vestige of our evolutionary past, where intensity of emotional response was necessary for survival in a state of nature.

In civilized society, however, tempering euphoria – except in limited circumstances of heightened stimulation within the privacy of one’s home and restricted to context-appropriate circumstances – is what is expected, presumed and demanded.  There is always somewhat of an experiential oxymoron when a person manifests an unfettered state of euphoria; somehow, we all suspect that behind the uncontrolled exuberance will follow a “down” state which closely aligns itself with depression and despondency.

Is there really anything wrong with unrestrained expressions of pleasure and happiness?  Or, are we just being old fogeys and fuddy-duddies when we raise an eyebrow to such unsolicited declarations?

For Federal employees and U.S. Postal workers who have filed 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, the issue of tempering euphoria is applicable within the context of having contact with the U.S. Office of Personnel Management.  Waiting for months upon tiring months for OPM to respond can be exhausting.  Then, when a decision is made, one can become overwhelmed by the sheer revelation of information, whether euphoric or dysphoric.

Why tempering euphoria is important, is because filing for Federal Disability Retirement through OPM is a process, and must be seen as such.  There are many potential “stages” to the administrative process, and the bureaucracy as a whole does not lend itself well to emotional states of responsive exuberance.

In the end, it is not only civilized society that sees the benefit in tempering euphoria through normative means of behavioral reactions, but for the very sake of keeping expectations and emotions in check, tempering euphoria is a necessary mandate when dealing with the juggernaut of OPM’s indifference in the multiple stages of a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability under FERS, CSRS or CSRS Offset: To Lose a Kite

It is that loss of innocence; of a childhood cut and let go, a bifurcation of sorts, where the fluttering tail fades into the misty distance of time past, eternity unfulfilled, and the present moment shattered by a loss not valued by economic standards, but by the negation of that which was, will never be again, and won’t be coming back. The loss of anything is valued by the attachment of human passion, the trembling fear of future consequences known and yet to be determined, and the expectation of a hope left as a residue of hard work and toil.

Do we remember that loss of a kite, at a critical moment in time when the champion of winds clapped and cheered as we controlled the destiny of an artifice so flimsy in manufactured quality and yet defying the aerodynamic laws of the greater universe?  Neither the Law of Newtonian physics nor the quantum theories compromising Einstein’s theoretical constructs could defy the persistence of levitational determination, coupled with a coil of thread in the stubby little hands of a child, with but a tug and a pull; and then, suddenly, it was gone.

Is not the future of an adult like that fleeting moment? What a qualitative difference a day may make; when once free of pain, then to experience the excruciating agony of debilitating onset; or where rationality and promise set the course for future happiness, only to be overwhelmed by fear, anxiety, depression and panic attacks. Life is tough; but when a medical condition intervenes and tears apart the very fabric of living, that compromised life becomes almost an unbearable mesh of a twisted cathartic of impenetrable jungles of psychological, physical and emotional turmoils. For many, there is no escape, and that snap of a thin reed which left the child’s hand empty of promise, is all that remains.

For Federal employees and U.S. Postal workers who have the minimum years of service under FERS, CSRS or CSRS Offset, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is often the best — if not the only — recourse out of a madness undeterred. Federal Disability Retirement is a benefit accorded to all Federal and Postal employees as part of one’s compensation package, and allows a person to stop working, receive what amounts to a lifetime annuity, while accruing more years in building towards a final retirement converted from disability retirement to regular retirement at age 62; and all the while, to live upon that rehabilitative plateau in order to attend to one’s health and well-being.

For, when a Federal or Postal worker is no longer able to perform one or more of the essential elements of one’s job, the choices become stark and limited: To continue in pain and agony; to walk away with nothing to show for one’s efforts and toil; or to file for Federal Disability benefits.

It is like the child who once felt the pleasure of life through the flight of a kite, only to experience the tenuous reed of promise when the snap of the thread leaves the twirling object uncontrolled and uncontrollable, left to the nuances of turmoil and trauma; but to move on is to forge a different path, with the echoes of regret howling in the memories of our childhood consciousness, never to be regained but for a semblance of fated warmth.

Sincerely,

Robert R. McGill, Esquire

 

Federal and Postal Worker Medical Retirement: The Unnavigable Epistemological Gap

The phrase itself is borrowed from Roger Scruton, who is perhaps one of the most influential philosopher of recent times.   To be “influential” is perhaps problematic, for if the general public denies knowledge of an individual, to what degree can influence be determined?   Public figures — known entertainers, authors of general fiction, news anchors and talk show hosts — are considered societal giants whose comments on culture, trends, values and norms demand attention and guru-like following.  But philosophers tend to be relegated to academic ivory towers of irrelevance.

From biodynamic farming to a proper appreciation of fine wines; from complex fiction to esoteric writings questioning cognitive dualism; Scruton covers the expanse of categories of thoughtful exchanges relevant to an era which denies significance to subjects, anymore.  The only thing that matters today is the individual and the fame of singularity.  And so it goes.  The concept of an unnavigable epistemological gap implies a barrier to knowledge and a chasm between what something is, and what can be known about it.  Or, in another sense, a privacy of concerns which cannot be verified in a strictly “objective” manner.

Medical conditions have a tendency to fall into such a category.  While MRIs, X-rays, and to a large extent, consistent clinical examinations over a long period of time may establish an objective medical basis for certain medical conditions, the problem still abounds as to how to convey, delineate and effectively narrate one’s statement of medical disability and the impact upon one’s Federal or Postal position in preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

As an OPM Disability Attorney who exclusively handles Federal Employee Disability Retirement claims for all civilian Federal and Postal workers, the concern is always in taking the medical condition as described by a doctor’s report, treatment notes, etc., then to interpret and fashion a narrative which effectively establishes the nexus, or bridge, between the medical condition and the positional duties of the Federal or Postal employee.

For the disabled Federal or injured Postal employee who tries such an endeavor without any prior experience, it is indeed one of an “unnavigable epistemological gap”, in that — not only must the proper bridge be created between one’s positional duties and the medical conditions described but, moreover — it must be presented to the U.S. Office of Personnel Management in such a way that persuasion and force will carry the day in order to attain the goal of efficacy:  an approval of an OPM Disability Retirement application for the Federal or Postal employee who can no longer perform all of the essential elements of one’s Federal or Postal positional duties.

Such an endeavor, indeed, is one which constitutes an unnavigable epistemological gap.

Sincerely,

Robert R. McGill, Esquire