FERS Disability Retirement Application: Denials

They come in various forms; of self-denials representing a sacrifice in order to allow loved ones to reap the benefits; of denials meant to avoid the ugliness of reality; or of denials which prevent a person from entering a premises, advancing in a career or progressing in an endeavor.  Of whatever form or content, they leave the denied applicant a sense of disappointment, a temporary state of suspension and often a profound feeling of uncertainty.

Does one “give up” when a denial occurs?  Or, does one find an alternate route, a way to rebut and with a reenergized sense of purpose?

To be denied is to be defeated for a time; to be defeated is to give up entirely; but to avoid the finality of defeat, one must regroup and counterattack, in whatever form that may take.

For Federal employees and U.S. Postal workers who suffer from a medical condition and who have been forced to file for FERS Disability Retirement benefits through the U.S. Office of Personnel Management by necessity of an unwanted medical condition — a denial from the U.S. Office of Personnel Management is not the proverbial “end of the road”.  Rather, it is simply the beginning of the fight.  Who said that life’s pathways are easy?

Although OPM often makes it sound “as if” you never stood a chance, that your case was flawed to begin with or that there was never any validity to the claims you have made, that is simply their opinion on the matter.  What matters is whether your case has merit, and the merit of a case depends upon the laws governing FERS Disability Retirement Law.

Consult with an attorney who specializes in Federal Disability Retirement Law, and don’t let a denial automatically lead to a defeat; for, there is a reason why Federal Disability Retirement allows for various stages of appeals — precisely because a denial by OPM is not the end of the matter, but merely a beginning to the fight which must ensue.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Workers: Perfection in the details

Why is it that we never question the statement, “Well, this is an imperfect world; but in a perfect world…”.  What is “perfection” and who defines it?  Doesn’t it all depend upon the details within the definition?  Is a “perfect world” the same for everyone, across all cultural lines and within every community?  Or does it vary depending upon one’s background and upbringing?  Would a picture of a “perfect world” be the same, say, for a pious, religious zealot as opposed to a hedonist?  How about the contrast between a Libertarian and an Authoritarian?

So, in a recent description about an individual who was known to have held conservative religious beliefs, but who concurrently believed in weapons production and advanced technological weaponry, the question was asked by a student whether there was a contradiction between faith held and work engaged, and the answer was: “Well, in a perfect world, we wouldn’t need any such weapons; but this being an imperfect world, we would have to defend ourselves.”

To this answer, of course, there appeared no “follow-up” question; but shouldn’t there have been?  Such as: What is your vision and definition of a “perfect world”?  Well, one might answer, a perfect world is one in which everyone is allowed to be free to do what he or she wants without fear of retaliation or offense.  But is that a viable vision of a perfect world?

As freedom and liberty is never a license for unfettered actions, so a Hobbesian State of Nature cannot be the foundation for perfection.

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, the lack of perfection achieved is already self-evident: One’s health is a testament to that; and the manner in which the Federal Agency or the Postal unit has reacted to one’s health, is also an indicator of an imperfect world.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management may not be the perfect solution for the circumstances one is in, but then, we neither live in a perfect world nor must contend with a semblance of one.  Perfection matters in the details of every endeavor, and it is the striving towards perfection that matters, not in the achievement of it.

In preparing a Federal Disability Retirement application, always remember that there is never a “perfect case” where OPM will unquestionably approve it; but in preparing an application for Federal Disability Retirement, it is wise to seek the counsel of an experienced attorney in order to reach a level of perfection where, in retrospective regret, one does not have to needlessly say, “Well, in a perfect world…”

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: This upside down world

How many whistleblowers would do it all over again?  How many regrets does it take to screw in a lightbulb?  The answer: Few as to the first question, and at least a dozen in response to the second.  For, as to the second query, while one person engages in the mechanical act of lighting up the room, it takes all of the others to fail to assuage the regrets of a person who has tried to do the rights thing, and has lived to suffer the consequences.

We grow up being taught all sorts of empty adages — how “truth reveals all”, or that “justice prevails in the end”; and though the old hero of simplicity has now been replaced by more “complex” characters of mixed good/bad/neutral, still the naïveté of childhood upbringings tend to haunt beyond the loss of innocence delayed.

This is an upside down world where the clear-cut demarcations that once were inviolable have now become obscured, and where leaders can argue with a straight face any and all positions, whether self-contradictory, hypocritical or just plain nonsense, and can get away with it without any regrets or loss of sleep.  Perhaps it has always been like that and we just didn’t realize it.  The wealthy have always been able to get away with more; the powerful, without much consequences; and when the combination of wealth and power become aggregated, there is little to impose any checks and balances that might have tempered the onslaught of injustice.

For the Federal employee and the U.S. Postal worker who suffers 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 fact that we live in an upside down world becomes exponentially the case because of the medical condition itself.

Progressive deterioration and chronic debilitation are often the rule of a medical condition, and just to survive another day without pain, without emotional or mental anguish — these are the hallmarks of needing to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

The world is about as topsy-turvy as it can get; but when the private world of one’s health begins to deteriorate, that upside down world becomes a tumultuous maze of a conundrum wrapped within an insanity that cannot be escaped from, and that is when you know that preparing, formulating and filing an effective Federal Disability Retirement application becomes a necessity in a universe that requires some wisdom, and turning to the advice of an attorney who specializes in Federal Disability Retirement is often the first step in providing a balanced perspective within this upside down world.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: And then…

It is the precursor to the punch line, or perhaps the conclusion of a tale told with eyes wide with anticipation; what precedes, what follows, and then….  Stories are told well, middling, or perhaps badly, but they are told nonetheless, with conclusions that come about with surprise, aplomb or perhaps with a suspended yawn stifled for mere courtesy.  Everyone has one.  It is often said that the story of a man’s life is not in its conclusion, but in the living of it up to the end, but one wonders; is it the telling of it that matters, or the living of it?

In this day and age of technological openness, where everyone’s every detail is disseminated within moments of occurring, no one actually lives anymore, but merely by virtual existence.  Life is about what others think, about the opinions of likened friends, and how many “likes” have been amassed over a life-span of one’s presence upon social media.  The “telling” of one’s life has always been a part of the human makeup; cave-dwellers from long ago we were, and the drawings that have been left by ancestors long forgotten reveal the propensity and desire to tell tales — tall or otherwise — that also ended with, “And then…”

But this is a new phenomena; of telling the tale whilst living it, and sometimes even before; of setting up the “And then…” before the “then” even occurs, and well before the “And” makes its existence known.  It is a switch of a paradigm, a conversion of the psyche and a pre-consciousness before the ego bit off the Id of the seamless ego’s altercation with itself.  And then….

We know not what the outcome of such a story is.  Untested, unresearched, under constant attack; it remains the single mystery that yet needs to be told.  For, everyone has a tale to tell; a life to live; but the telling of the tale of one’s life was once the province of old men in rocking chairs who whispered to wide-eyed boys and girls of the feats of justice and generational transfers of heroic deeds left to folklore, old wive’s tales and exaggerated syllogisms lost in the conundrum of nightmares and sleepless ogres.  No more.  And then….

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, the SF 3112A — Applicant’s Statement of Disability — provides the opportunity to tell the tale of one’s woeful conditions and worrisome progression of deteriorating circumstances.  The tale needs to be told; and like all tales, it needs to be presented with coherence and with a logical sequence of validity.

The problem with such telling of the tale of one’s medical condition, however, is the same problem that today’s generation faces: Of living the medical condition and yet telling of it, all in the same breath.  Too emotional, too involved or too whatever; in the bureaucracy and administrative complexity of presenting the tale to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the telling of one’s tale should be consolidated into an objective delineation in a clinical and legal admixture of complex simplicity.

For, like jokes and narrations that keep the attention of the reader and audience, there must always be the punchline that persuades and convinces, as in — And then…

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Those intersecting connections

We hear all the time about the shrinking world, the smaller universe, the global village – all metaphors to help and understand, to comprehend and be able to withstand within the insanity of a world that continues to intrude, intersect and impose itself upon every corner and aspect of lives lived and daily interrupted.  It is a way for people to cope with the fact that we can no longer avoid the reality of those intersecting connections from worlds, cultures and universes that make up the daily reality of our walking lives.

The newspapers globalize each and every issue; the television and cable news outlets care little for local news unless it, too has some national consequences; and so we live with the anomaly that the only time you might hear about your own hometown is if some horrific event occurs that other people in other towns might care about.  And, even when a story is reported about an event that occurs just around the corner from the news station, headquarters or whatever manner of identifying the central place where all of the equipment, studios and personnel gather to emit their airwaves of newsfeeds, they act as if it is occurring in some distant county or country, with perhaps a bit of weeping as an afterthought with a statement like, “And it makes it all the worse because it happened just in our own neighborhood!”

The world is indeed one comprised of intersecting connections, and we voluntarily allow for those connections to make our own perspectives molded into “theirs” by inviting various cable channels into our living rooms.  Do we really have a choice?  Can we just remain ignorant and ignore the reality of the global economy, the extended village and the universal concerns of the day?  How do we live with the complexities of intersecting connections, when we can barely deal with the local problems that beset us within the cocoon of our own lives?

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact the daily ability and capacity to perform all of the essential elements of the Federal or Postal job, the microcosm of intersecting connections may well be magnified to a level where it competes with what is occurring on a more global scale.

Suddenly, the Federal Agency is moving to put pressure on you – like those competing foreign companies you hear about in the world economy.  Or, the Supervisor is no longer being cordial – somewhat like the world leader who doesn’t return calls to the President.  Coworkers no longer treat you as an equal – like nations that suddenly go rogue without explanation.  You have to file a complaint – like submitting to a U.N. vote for sanctions.

We have all been groomed and prepared to think in terms of intersecting connections, but for the Federal and Postal employee who suffers from a medical condition such that preparing, formulating and filing an effective Federal Disability Retirement application becomes a necessity, it all comes back to a more local and personal connection: one’s health, and the need to focus upon one’s personal life.

No matter how global the world has become, never forget that it is the personal life of close connections that really only matters in the end.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The perfect person

By all accounts, he or she doesn’t exist, except perhaps in theoretical constructs of theological paradigms; and of academia, where one may argue some alternate version of Anselm’s argument by positing that, because the concept of perfection could not be thought of without the reality of a Being constituting perfection, ergo a perfect Being – God – must by necessity exist.

Yet, we live “as if” the perfect person exists – either imposing such a standard unknowingly, unwittingly and unwillingly upon our own selves, or by thinking that movie characters actually exist somewhere in the ephemeral world of Hollywood, Instagram and Facebook concoctions that only put forward to the public’s eye the image of perfection.

We overlook the distorted concept of perfection when we say of a movie character, “Oh, he’s not perfect; he drinks too much, cheats on his spouse and is violent.”  Yet, the make-believe character still solves the mystery, is philosophically coherent when drunk, and somehow remains an attractive character despite all such character flaws.  In other words, despite the appearance of flaws, we make gods of characters we create.

It is the same on the Internet – despite the knowledge by all that there does not exist the perfect person, nevertheless, we allow for Facebook postings and Instagram photographs of meals, dogs, kids, families, selves and neighborhoods as the perfect depiction of unblemished lives.  And of ourselves, perhaps the greatest of culprits alive – for perpetuating the mythological depiction by engaging in the flim-flam of projecting the existence of the perfect person.

Yet, what is the alternative?  No one wants to hear the perpetual whining of the constant apologist – that person who points out his own failures and shortcomings at the drop of the proverbial hat; of he who apologizes for the slightest of errors, the scent of a mistake and a hint of failure to reach perfection.  Name a movie character or a movie, excepting a comedy, where the character is merely a bundle of imperfections and unattractive to boot.  Even Inspector Clouseau in the Pink Panther series, played long ago by Peter Sellers and by others more recently, captured the culprit in the end, despite all of the blunders and pitfalls.

In the end, we all participate in the grand larceny of perpetuating the existence of the perfect person – until we are hit with a medical condition, and the façade then suddenly falls apart.  Yet, everyone else continues in the charade.

For Federal employees and U.S. Postal workers who can no longer keep up with the make-believe world of the perfect person because of a medical condition, where the medical condition prevents the appearance of the perfect person to perform all of the essential elements of the Federal or Postal job, it may be time to admit imperfection by preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted ultimately to the U.S. Office of Personnel Management, whether the imperfect Federal or Postal employee is under FERS, CSRS or CSRS Offset.

For, in the end, it is the perfect person who embraces the imperfection of this world, and that is at least a beginning for the Federal or Postal employee who must continue to face the Federal Agency or the Postal Service in facing the reality of living imperfectly in this all too perfect universe.

Sincerely,

Robert R. McGill, Esquire