OPM Disability Retirement Benefits: Fundamentals

What does it mean when a person says, “The fundamentals remain sound”?  Is it one of those “throw-away” lines which makes one sound intelligent, but upon closer inspection, means very little?  Sort of like the misuse of the double-negative that was popularly in use, where people say, “irregardless” of this or that?

Fundamentals are important to every successful endeavor, and in preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal Worker is under FERS, CSRS or CSRS Offset, it is the “fundamentals” which must never be overlooked, but rather, to be focused upon, tweaked, considered carefully and crafted with greater perfection.

Unfortunately, many people who prepare a Federal Disability Retirement application, to be submitted to OPM, believe (erroneously) that the mere fact that one has a “serious” medical condition is enough to satisfy the eligibility criteria for an approval from OPM.  Always remember that there is a vast difference, with a “real” distinction, between “having” a medical condition and “proving” that the medical condition one has prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job.

It is very easy to focus upon one’s pain, anguish and despair in dealing with a medical condition, and forget that an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is by necessity a “paper presentation” to an unknown, faceless person lost within a vast bureaucracy in Boyers, Pennsylvania, and in the process to neglect the “fundamentals” in preparing an effective OPM Disability Retirement application.

When the fundamentals are sound, the rest of it is sound; and though such “sayings” may often be thrown about without much thought put into it, it is the soundness of the fundamentals that will prove to be the effective application that gets a First-Stage approval in preparing, formulating and filing a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Wants and needs

One often encounters such discussions, about the difference between “wants” and “needs”.  Needs are dictated by a loose definition of survival or existence — that which is required by or necessitated of the things which satisfy the criteria for continued existence or maintaining of a given modality of the status quo.  The other — “wants” — are defined as those “extras” that are not required for existence, but go beyond the prerequisite for survival and add to the comfort and meaningfulness of one’s very existence and survival.

There is always a grey area between the two when one engages anyone in a discussion involving the two — and it often depends upon the paradigm and perspective one takes, which leads to conclusions not only about the subject concerning wants and needs, but also about one’s own character, upbringing and attitude towards life in general.

Take the perspective of a member of the British Royal Family, for example — of a person who knows of existence entirely from the perspective of wealth, privilege and undiminished wants and needs.  Such a person will often have a widely differing view of the distinction between the two, in contradistinction to a person born in the ghettos of an inner city, whether here in the United States or of more underdeveloped countries elsewhere.

Can one who has never lacked for needs, or even of wants, recognize the objective criteria that determines the differences between the two?  In other words, can the poor person even have a logical discussion with a wealthy person by pointing out that food is an example of “need”, as opposed to a Ferrari being merely a “want”?  Or, will the member of the Royal Family retort with, “Well, yes, I can see how cheap caviar of a subpar quality could be a need as opposed to wanting a Rolls Royce.”

Such a response, of course, tells one immediately that there will be a difficult road ahead in attempting the bridge the gap between understanding, comprehension and the art of logic and discussion.  What we want, we often do not need; and what we need, we merely want for want of sufficiency.

For Federal employees and U.S. Postal workers who want to continue their careers despite a medical condition that prevents the Federal or Postal worker from performing all of the essential elements of one’s Federal or Postal job, preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, will often cross the threshold between wants and needs.

You may want to extend your career, but need to end it because of your medical condition.  Your agency may want to be compassionate, but may need to follow directives from above.  You may want to remain, but need to depart.  The conflict between wants and needs is one of life’s ongoing clashes between the two, and preparing, formulating and filing an effective Federal Disability Retirement application, to be filed through OPM, may need to be initiated in order to satisfy the ultimate need of one’s existence: The need to want to look after one’s health.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Catching with a net

Have you ever tried catching multiple entities with a net?  Whether more than one butterfly, or goldfishes in a pond, or even debris floating at the skimming water’s edge, the act of scooping, trapping and encircling with the tool of a net requires dexterity and unique hand-eye coordination.  Then, the one first caught escapes, and the frustration of gain-versus-loss ensues.  Is it greed which continues to compel despite the persistence of loss and diminishing return, or sheer stubbornness that we somehow battle against our own interests even when further escape occurs?

Ever the frustration of observing those once caught and get away, and chasing after those very ones we just enmeshed and caged within the netting of this ingenious deployment; and yet we insist.

How does that translate into a specific personality, or the manner in which we carry on in our daily lives?  Is going out and catching butterflies with a net the perfect methodology of determining a prospective employee’s “fit or unfit” personality and character for an organization?  Does it reveal a side of the person – for example, in the financial sector, or investment banking, if a person approaches the task by catching one, stopping, putting the insect or other entity into a bottle with pre-bored holes for oxygen, then proceeding in a sequential manner and attending to catching the next one, etc., does that tell of a prefatory commensurateness with careful investment strategies?

Or, take the very opposite, where the task is to catch 10 moving entities, and instead of stopping after each one, the future employment prospect goes about madly racing through the tall fields of grass furiously attempting to net the quota of requested numbers, despite imposing no time-frame in the completion of such a task – does that necessarily reveal a personality of lesser caution, of a person who may be rash and imprudent?  Does one revelation of acting in a particular context unmask a parallel semblance of reality in another, or do the specific circumstances themselves confine and define within a marginalized mirror?

Whether transferable or not, the imagery and metaphor of a person attempting to catch multiple entities with a single net, shows a side of human life which can be both comical as well as compelling.  For, as a reflection of parallel circumstances, it is somewhat indicative of the Federal or Postal employee who must begin the process of preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Like the person handed the net, the Federal or Postal employee with a medical condition who can no longer perform one or more of the essential elements of one’s Federal or Postal positional duties, must make a pragmatic determination as to the diminishing returns recognized in continuing in the same repetitive venture of living.  At some point, there comes a flash of realization that the same acts cannot continue without something else giving – and whether that “giving” is the butterfly which escapes, or one’s deteriorating health further and progressively becoming destroyed – is the flashpoint of reality revealing itself in compelling a decision for today, and no longer procrastinated for some unknown time in a future left insecure.

And like the butterfly which escapes to be free for another day, the Federal or Postal employee who cannot perform the essential elements of one’s Federal or Postal positional duties must by necessity attempt to free him or herself from the medical condition in order to reach that place in life where pain, misery, and the sense of being “caged” will no longer apply.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: The Balance of Body

Have you ever noticed that, if you attempt to compensate with one extremity over another, whether because of pain or temporary incapacitation in an attempt to alleviate and relieve the lesser limb, that the one in use becomes slowly debilitated as well?  The body is a balanced mechanism; it is designed to work in coordinated fashion, as a unit of entirety.  It may well be that if one component of that working aggregate requires temporary suspension, that another unit may, for a time, serve as the greater replacement by working “overtime”; but in the end, all workers are expected to return to full labor, lest the entire operation itself shuts down.

That is why pain and similar symptoms serve as a warning system for a greater condition.  People often think that compensating for a medical condition can be derived through persevering and ignoring; instead, what happens is that the other parts of the body begin to shut down and deteriorate.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s positional duties in the Federal Sector, the attempt to overcompensate often leads to greater exacerbation, both in terms of the medical condition itself, as well as for the agency through bringing greater attention to one’s self.

It may be that a Federal or Postal worker may, for a time, get away with persevering and neglect of the warning systems; but in the end, the intricate and delicate balance of body, like the greater ecosystem of nature, will begin to reveal signs of wear and decay, and the time lost in taking the necessary steps will merely be unrecoverable segments of lapsed periods, where commas and pauses needed to be overcome in the preparation, formulation and filing of a Federal Disability Retirement with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Law: How Does One Know the Age?

It cannot be by counting wrinkles, or the number of gray hairs; for, some people never develop them, and in any event, new methodologies of plastic surgery, hair dyes and other cosmetic creativities can easily override such superficial eruptions of telltale signs.  Photographs can no longer be evidence of aging, for airbrushing and digital modifications can dispense with such irritating characteristics.

But when there is a personal encounter, how can one judge, and fairly and accurately assess?  Is it the eyes?  That “window to one’s soul” — does it reveal a depth of depravity over time, such that the hollowness revealed in innocence at an early age is replaced by a coldness and cynicism of reflective hurts?  And of the greater age — of this epoch, the generation and historicity of time; how does one know it, too?  Older generations tend to cling to the past, and it is through that prism of past time that the present is viewed, the future foreseen; but does such a perspective differ from those who are young and never experienced the discomfort of lack? And medical conditions and their impact upon one’s ability and capacity to continue a career — how does one know?  The subtlety of warnings can be non-decipherable when asked to describe in words.

For the Federal employee and the U.S. Postal worker who suffers from a medical condition, it is fairly early on that one has a sense of where one’s career will be going.  Doctors can talk about surgical intervention and medical regimens and their supposed efficacy in treating a condition; but in the end, the Federal or Postal employee who experiences the medical condition itself, knows in one’s proverbial “heart of hearts” whether the Federal or Postal employee will be able to continue in one’s career.

Preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, is a process which is daunting, and thereby delay of diligence is often a factor which is merely engaged despite having known for some time.  It is like guessing the age — whether of another person, or of the historicity of being a stranger in a strange land — it is the subtlety of telltale signs which reveals the future course of an already-determined process of inevitability.  And like aging itself, the fight we pretend to engage is merely an act of futility, and we know it; we just don’t want to look in the mirror and face it, lest those lines of time show us who we are, what we did, and where we are going.

Sincerely,

Robert R. McGill, Esquire

 

Different Perspectives during the Federal Disability Retirement Process

Inform an individual that you suffer from Hansen’s Disease, and one might get a benign reaction, perhaps a blank stare. Convey to the same individual that you have contracted leprosy, and it is likely to evoke an expression of revulsion, and perhaps a discomfort bordering on flight.

What we say; how we say it; the social stigmas attached; and the cultural sensibilities and conditionings constraining how we become predisposed to act and react, are often determined by the perspectives which are brought to the fore.  Leprosy is the common term for Hansen’s Disease, but with it, an entire historical perspective replete with stigmas and tales and images of disfigured and contorted features and physical characteristics surround the former term, but rarely accompany the latter.

Whether and however termed, it remains one and the same. For an individual who suffers from a disability or handicap, society’s reaction similarly remains consistent and uncaring. And while laws and regulations may provide a semblance of minimally protective measures, it cannot prevent individual insensitivities from surfacing.

For Federal employees and Postal workers who need to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS or CSRS, the reaction of one’s agency or department is often tantamount to informing them of either contracting leprosy, or of Hansen’s Disease.

Normally, unless a compelling reason exists otherwise, such information should be limited, and restrictively revealed only when the necessity arises, precisely because of the type of reaction one can expect from the agency or the U.S. Postal Service.

Perspectives differ; differing perspectives may often surprise; but the one similarity abounding in human nature is not too different from the beastly perspective from whence we came; and that is of the herd instinct targeting the weakest and most vulnerable — in this case, the Federal and Postal employee who suffers from a medical condition, and who must consider filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire