Medical Retirement from Civil Service: Chaotic interludes

The root word itself stands for the state of being prior to the ordering of the universe – either by the hand of God or through natural evolution; or, if you are a Get Smart fan, it is spelled somewhat differently – KAOS – and is actually not an acronym that stands for anything, but is an international organization set to do evil that only Maxwell Smart, Agent 86 and his partner Agent 99 can prevent from accomplishing their terrible deeds; or, if you are an engineer, you may know the acronym as standing for “Knowledge Acquisition in Automated Specification”.

In any of the events, the state of Being otherwise recognized as “Chaos” (or its alternative spelling, KAOS) is identified as something unwelcoming, insidious and to be forever avoided.  Yet, life brings about such states from time to time, as if to remind us that order, sequence, linear models of livelihoods and pristine beauties of uninterrupted serenity are rare in the discourse of nature’s continuum.

Chaotic interludes tend to rear its ugly head just when things seem to be going smoother; when we least expect it; when the quietude of our lives seem in perfect balance; then the disaster, the disordering impact, the jumbling-up and shaking it all about comes crashing like thunder in the night to awaken us with a start.  A start?  To do what?

Perhaps as a test; as a challenge; to rethink the priorities of our lives; and to remind us that life is not a matter of slumber and remaining in a constant state of stupor and repetitive thoughtlessness, but a chasm of necessity mandating daily focus, concentration and attention to the important things around us.  Maybe we were becoming too complacent; perhaps the monotony of habit was making of us all bores to be avoided; or, more likely, we were just getting steeped into the ego of our own self-centeredness.

Whatever the reason, chaotic interludes tend to hit us in bumps and pushes, sort of like standing in a line to get into a movie theater or on the waiting list for a restaurant, and suddenly an earthquake hits the area, or a robber comes running out of the establishment and pushing you onto the street where oncoming traffic busily spins its wheels, or more commonly, you are diagnosed with an unexpected medical condition, and that medical condition becomes a slowly deteriorating, progressively debilitating state of Being.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact the capacity and ability to perform the essential elements of one’s position with the Federal Government or Postal Facility in ways that clearly show that you cannot do the job anymore, the concept of chaotic interludes is nothing new.  The real question is:  What to do about it?

One option is to prepare an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.  That’s the thing about chaotic interludes; the options available are often limited; but out of the chaos that ensues, what is often important is to recognize the problem and tackle the issue in the best possible manner.

Otherwise, call Maxwell Smart and hope that his shoe-phone is in good working order.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: What to do

Does anyone really know what to do?  From the very beginning, we are brought into this world without having been asked, and never with any instructions entitled, “Life instructions in ‘how to’”.  Instead, we are thrown into the ravages of this impervious universe.  We are lucky if we have some kind parents; otherwise, as with most of us, they are as clueless as we are, and sometimes even more so.

What do we do with the rest of our lives?  How do we determine if the course we have chosen is worthwhile?  When do we determine if the choices presented are the ones that will forever be offered, or will others come along after we have long committed to the limited ones we face?  Who tells us if what we are doing is “right”, and does the concept of “right” or “wrong” even matter, anymore”?

When problems arise, who do we turn to?  Do we turn to the priesthood that has been forever discredited, to the shamans who drive in expensive cars, or the Wall Street wolves who live in mansions afforded upon the backs of ordinary people?  And since parents are now told that honesty about their own lives are important in feeding the ingredients of success for their children, do we count on them to give us the same clueless directions that we can expect of ourselves?

Who knows anything, anymore, in any expectantly significant or relevant way, other than the puffery we encounter in our daily lives?  And when medical conditions interrupt and intervene – who tells us what path to take; where we go with the career choices given; and what about the legal issues that arise when it concerns a Federal or Postal worker under FERS, CSRS or CSRS Offset?  What to do – isn’t that the question we always have to ask ourselves?  And how do we know if the choices we make are the right ones, the wrong ones, or perhaps just “the best under the given circumstances”?

It is important to know; relevant to apply the correct criteria; significant for understanding the issues that need resolution; knowing what to do, how to do it and when to begin.  Medical issues that arise make for hard questions that need relevant answers.  And when the medical issues themselves impede, interrupt and intervene in negatively impactful ways, they exacerbate the capacity and ability to arrive at the proper judgments, and make it that much harder to decide.

Maybe there is no “right” answer, but only some minimal instructions and restrictive directions.  Whatever the case may be, in preparing, formulating and filing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, it is important to gain some initial insight and directions on what to do, and that may require seeking a lawyer who specializes in Federal Disability Retirement law.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement from Federal Employment: The Reconsideration Stage

Much time is often wasted upon rebutting incoherent arguments.  Such a statement is true in a great many sectors of life, as well as with an initial denial received from the U.S. Office of Personnel Management.

The first reaction in response to an Initial Denial received from the U.S. Office of Personnel Management, is to panic and become disheartened:  The Federal Disability Retirement applicant has waited many, many months, just to get to this point of being denied an application which was thought to clearly meet the legal standard of preponderance of the evidence, and perhaps the medical narratives and treatment records clearly and unequivocally established the nexus between one’s medical condition and the essential elements of one’s job.

What could have gone wrong?  What was deficient?  What unanticipated mistakes were made?

To top it all off, a quick perusal of the denial letter makes it appear as if the application never had a leg to stand on –  seemingly contradictory statements extrapolated; selective quotes from doctors, supervisors, etc., that tend to undermine the proof needed; deficient documentation and multiple garbled references to the “Disability Retirement Law” that has simply not been met.

How does one counter and rebut such an overwhelming denial of one’s carefully gathered and constructed information?

There is the “proper” and “effective” way, but one’s initial inclination in reactive form is normally not the way to go about it.

The Federal employee or U.S. Postal worker who finds himself/herself in such a situation – of facing an initial denial from the U.S. Office of Personnel Management – will often want to just “give up” and try to endure the pain, anguish and cognitive deterioration by going back to work (if that is even possible and the Federal or Postal employee has not yet been separated from service), or just simply walk away from one’s well-deserved Federal Pension and early Federal Disability Retirement benefits, and forego the benefits earned and vested.

Of course, that is precisely the thought-process that the U.S. Office of Personnel Management wants you to embrace.

It is often stated (erroneously) that filing a Federal Disability Retirement application through the U.S. Office of Personnel Management is not an “adversarial” process – and that OPM is not there to “fight you”, but rather, to ensure that all Federal Disability Retirement applications fulfill the requirements of the law.

If that were truly the case, then why does an OPM denial point out only the deficiencies, and never the positive aspects of a Federal Disability Retirement application?  Why do OPM denials always present themselves as overwhelmingly unqualified and argued as if there is absolutely no basis or chance of an approval?

Precisely – because, despite stating otherwise, the administrative process of trying to obtain Federal Disability Retirement benefits from OPM is just that:  an adversarial process which requires an advocate to fight for your rights.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement Law: The Steps to Take

Life is often overwhelming enough.  Then, when a medical condition make its initial entrance, remains for more than a fortnight and begins to impede, curtail and prevent one from doing the things one has taken for granted –  the problem becomes more than just a nuisance, but a magnification and exponential exaggeration beyond that which was a burden to begin with:  another problem adding to a host of problems.  In life, we often know what needs to be done, and sometimes even the “how” in going about solving problems.  But the capacity to prioritize and organize, to sort a jumble into a linear coherency, and to gather the necessary components into a cogent whole, is often the problem that prevents one from moving forward.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the condition (or multiple medical conditions) begin to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal position, the normal sequence of events often take on the following incoherent pathway:  An inquiry is made with the Human Resource Department; two sets of Standard Forms are presented to the Federal or Postal employee (SF 3107 series; SF 3112 series); the Federal or Postal employee is told to read through them and “fill them out” and bring the entire sets back to the H.R. Office.  They will be there “to help”.

When such a development occurs, 2 issues immediately come to one’s attention, or should.  First, is there a sequence and methodology one should follow, that is better and more effective?  Second, if the Federal Disability Retirement application is submitted and denied at the initial stage of the process, will that same Human Resource Office or person be held accountable, and continue to “help” for the second and subsequent stages of the process?

The answer to the first question is an unequivocal “yes”; the answer to the second question is a bit more complex.  There are, indeed, many helpful H.R. offices and personnel.  The point of creating an H.R. Office is to guide, help and assist the employees of the agency or organization.  But filing a Federal Disability Retirement application is a different “animal” from most other processes.  Think about it; it is not like setting up an allotment from one’s pay, or changing the number of deductions for tax purposes.  No, it is a complex administrative process that, once out of the hands of the agency’s H.R. Office, is under the direct control of a separate agency – the U.S. Office of Personnel Management.

Further, filing a Federal Disability Retirement application, whether under FERS, CSRS or CSRS Offset, can become a contentious issue – once a denial is issued by OPM, and even a second denial at the Reconsideration Stage, then an appeal will need to be filed with the U.S. Merit Systems Protection Board within 30 days.  Then what?  Will the Human Resource Office that was so helpful, represent you there?

Every future holds a pathway for successful maneuvering, and yes, there are sequential steps to take in preparing, formulating and filing an effective Federal Disability Retirement application.  For that, a knowledgeable lawyer who is experienced in Federal Disability Retirement law can be helpful in guiding the Federal or Postal employee onto that pathway.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: Leaving that legacy behind

We hear about it from ‘high-end achievers’; and every President now builds large temples to themselves, like some Greek gods with immortal canopies and call them “libraries” for the common minion to think that it is like those warm and fuzzy buildings we once visited in order to escape the ravages of our sordid childhoods.

Perhaps it is the realization of that which has come back to haunt us:  Darwinism, pure materialism, and the abandonment of faith in hobbits, gnomes and angels from beyond, that leaves us with the stark nakedness of our own mortality, and the need to fulfill that vacancy by building lasting memorials that only crumble with the decadence of time.

The traditional definition connoted a lasting gift by an ancestor, where history, lineage and human relationships provided a context of meaningful inheritance, and not merely as a tombstone to admire.  The wider, secondary meaning refers to any accomplishment or lasting residue of one’s self constructed to remain beyond a temporal season, or until that next great ego tears it down and replaces it with an image made in a reflecting pool of self-aggrandizement.

We all have a desire and a need to leave a legacy; whether a memento gifted through countless generations, or a memory of multi-generational gatherings for an adventure, a once-in-a-lifetime trip, and perhaps nothing more than some pearls of wisdom handed down from a rocking chair worn by the vanished paint on the floorboards of time.

Even then; as value is rarely attached to memories invoked, people either hock the wares on eBay or the local pawn shop, and convert it into cash, where the societal glee for power is defined by paying bills and possessing goods.  Do people inscribe books and hand them down as a legacy left behind?  Or have they been replaced with electronic tablets and kindle versions where even the monks of Tibet answer to the melody of a smartphone?

Legacies are overvalued, or so we are told; and those who leave them for others to judge, never stick around to witness the lasting or temporal effects of residual emotional consequences.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition “forces” one to cut short one’s career and vocation by preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is the pull that holds one back and makes one pause, an artificial and wholly unfounded sense that one hasn’t “completed the mission” and the legacy that would be left is not quite up to par?

Such thoughts invoke a false sense of values.  For, in the end, it is one’s health that should be of paramount concern, and not what is left behind.

In Federal agencies and U.S. Postal facilities all across the country, that legacy left behind is often nothing more than the shattered lives who clung too long and waited beyond the point of medical necessity, when in fact the true legacy to leave behind is a focus upon one’s health in order to move forward into the next phase of one’s life.

Sincerely,

Robert R. McGill, Attorney