FERS Medical Retirement: Meeting the basic requirements

As with any endeavor, meeting the basic requirements is the minimum standard.  For Federal employees and U.S. Postal workers who are considering filing a Federal Disability Retirement application, it is important to understand the basic eligibility requirements in order to qualify for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Here are a few: The minimum Federal Service requirement (18 months); of having a medical condition during the tenure of one’s Federal Service that prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal position; and an inability by the agency to provide reasonable accommodations or reassignment; and some further factors to be considered, as well.

Beyond the basic requirements, of course, are the technical issues that have developed over many years and decades, primarily through statutory interpretation as expounded in court cases and decisions handed down by the U.S. Merit Systems Protection Board and the Federal Circuit Court of Appeals.  There are, moreover, legal refinements and interpretations that go beyond the “basics”, and while meeting the basic requirements is an important start, it is critical to understand the technical legal refinements which have evolved over the years. “Always start with the basic requirements; and from there, consult with an expert for further details.”

Such is the sage advice often given before involving oneself in a complex process, and Federal Disability Retirement Law is one such administrative endeavor that should take such counsel into account.

Start with meeting the basic requirements — of the minimum 18 months of Federal Service; of having a medical condition such that the Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s Federal or Postal job; and from there, seek the advice and counsel of an attorney who specializes in Federal Disability Retirement Law — another “basic requirement” in preparing, formulating and filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement from OPM: The restorative morning

That is the purpose of sleep, is it not?  Or so we anthropomorphically attribute.  Is that the only reason for the somnolence that overwhelms, the snore that momentarily suspends in the air and pauses for people to smile, to be horrified or laugh because of the incongruence of the sound that shatters the quietude of twilight? Do humans sleep more soundly than other species? Is it really necessary to maintain a certain spectrum of that “rapid eye movement” (REM), or to be in a deep slumber, a state of subconscious quietude, etc., in order to attain that level of restorative sleep such that the morning itself is declaratively managed with rest and a sense of calm?

The restorative morning is that which follows a good night’s sleep; it is when the body is energized, the mind is ready to pounce with an excessive amount of acuity barely containable, and the combination of a night’s rest with boundless determination overcomes the previous period’s fatigue and exhaustion from the stresses of the day.

Do other species require sound sleep?  Or, did evolution favor the animal that can sleep, yet be awoken in response to an instinctual drive to survive, such that the mere bending of a blade of grass a hundred yards away will awaken with an alarm ready to defend and fight, or whisk away in flight?

It is the lack of it that creates that level of profound fatigue that goes beyond mere tiredness or exhaustion.  Modernity requires restorative sleep precisely because so much of our workforce engages in cognitive-intensive employment that places great stresses not just upon the physical capacity of the human animal, but upon the mental/psychological — stresses that pound away with untold and unmeasurable harm on a daily, consistent and progressively deteriorating manner.  Did nature and evolution factor in the way that we live in modernity?  Likely, not.

In Nature, there are no restorative mornings — only the calm that pervades and hides the predatory instincts and the ongoing battles that go on daily, minute-by-minute in this unforgiving universe of predators and prey; and so it is that we have created a reflection of that life-and-death struggle in this modern world we live in.

For Federal employees and U.S. Postal workers who struggle with profound fatigue, loss of any semblance of restorative sleep, and unrepentant diminishment of focus, concentration and the capacity to maintain an acuity of mind, it may be time to consider filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Sleep Disorders are not just a constant reminder of the stresses that impact us in this high-tech world, but is also a basis in which to qualify for Federal Disability Retirement, when profound fatigue sets in and non-restorative sleep impacts one’s ability and capacity to perform all of the essential elements of one’s cognitive-intensive job.  Whether under FERS, CSRS or CSRS Offset, it may be time to consider preparing, formulating and filing for Federal Disability Retirement, to be submitted to the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Representation: Hope springs

“Eternal”, of course, is the ending and attachment that most would declare if asked to fill in the blank.  How many of us know of the origin of the statement, what it means, from whence it comes (yes, yes, a Google search is only one finger button away)?  It is often an afterthought – a “throw-away” line that one scatters about in response to someone else’s statement about “hoping to do X” or having “hope that X will happen”.

The reactionary response that is commonly stated is, “Well, of course hope springs eternal.”   The origin of the saying comes from Alexander Pope’s work, “An Essay on Man”, where he wrote:

Hope springs eternal in the human breast:
Man never is, but always to be blest.
The soul, uneasy and confined from home,
Rests and expatiates in a life to come.

What was he referring to?  It could be interpreted in many ways – of a reference to a life hereafter and the reason for living, struggling and being tormented in this life, with a view towards an eternal reward; or, that so long as there is hope, things will change for the better if you just stick around long enough.

Without hope, the devastation of life’s turmoil may never allow for a person to get beyond this day; it is with hope that is kept in the human breast that the eternal promise of a better tomorrow becomes possible; for, otherwise there is just fatalism to look forward to, or as Pope stated, a state of existence where “Man never is”.

The word-pictures evoked from Pope’s work are beautifully put, and provide images that allows for multiple interpretations.  The word “springs” is a carefully chosen word, for it gives the idea both of calm (as in the tranquility of a running spring) as well as a jump forward (as in “spring forward”), and thus establishes multiple meanings when tied to the reference point of “hope”.

Hope, ultimately, is the ingredient that allows for life to live for a future yet undetermined and yet to be defined.  That is what is important for Federal and Postal employees who suffer from a medical condition, such that the medical condition is beginning to prevent the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal job.  For, what other hope is there than Federal Disability Retirement benefits?

As the ongoing medical condition and the deteriorating aspect of the medical condition begins to squeeze out any hope left; and the impact it is having on one’s career and future starts to question the viability of any hope to be had; it is hope from X to Y – i.e., a future with a difference – that allows for hope to foster and thrive.

That is why, for the Federal or Postal employee who recognizes that hope in continuing in one’s job is no longer a reality, it becomes important to consider preparing, formulating and filing an effective Federal Disability Retirement application, precisely because hope springs eternal.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The limited reservoir

What if the reserve is limited, but we are never informed of it?  Perhaps the gods, fate or however the source of creation is defined, has placed a quota upon the extent of that which is expended, but we are never included in the corporate decision-making process – then, what?  Death, insanity or just plain debilitation and stoppage of activity; is that what we call “an unfortunate end”?

By “reservoir”, we normally mean that natural or artificial accumulation that is used for a specified purpose – the town’s water supply; a special cache of good wines; or perhaps, even that sixth player who is left sitting (a temporary “bench warmer” – though, perhaps in this climate of everyone being nice to each other, such terms are no longer considered appropriate) aside until a burst of fresh input is needed.

Concurrently, we expect that any depletion from the cistern is consistently replenished, except during periods of extreme droughts when we are forced to systematically make use of it with the justification that it is that for which we reserved it in the first place, and when times are better, we will take care in replacing that which seemed limitless just an eon ago.  And, why is it that when the main tank has been completely re-filled, we have a tendency towards excess and lavish spending, but when we hit the “reserve” indicator, suddenly we act with frugal caution and become responsible conservationist?

Is it because of our hereditary backgrounds as hunters and gatherers during a time of unknown and tenuous circumstances, when bodies hungrily stored fat in order to survive during those times of want and scarcity?

What if we are left with a limited number of words in life, and once expended, we become transformed into unnoticed mutes wandering across time, traversing the silence amidst others who have saved their reserve for future accessibility?

Life often “feels” like that – of having reached a point of depletion where the quota has been reached, the reservoir has been emptied, and the excess energy expired.

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 position, it often seems as if the reservoir needed in order to reach that golden mark when retirement age and cumulative years of Federal Service coalesce to allow for passing across the proverbial “finish line”, has been too early depleted.

Unfortunately, medical conditions hasten the reservoir of time, energy, patience and capacity to withstand the daily toil of workplace stresses and employment concerns, and there is often a need to access an alternate source of supply.

Federal Disability Retirement allows for that; it is a means to recognizing that the reservoir is limited, and that the medical condition has reached a critical point where replenishment is no longer an option.  Yet, even after a Federal Disability Retirement is achieved, the Federal and Postal worker can go out into the private sector and remain productive, and under the law, is allowed to make up to 80% of what one’s former Federal or Postal position currently pays, and still maintain employment and receive the annuity.

For, while the reservoir of one’s life and talents may indeed be limited, it is the limitation of self-imposed stubbornness in refusing to acknowledge that the medical condition has reached a critical point, that often defeats and depletes long before the fuel gauge indicates a warning light of that ever-blinking “danger” point.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: The din of distant darkness

There are often foreboding signs which we conveniently ignore.  In retrospect, how often do we hear of the lament of disregard?  “I never thought…”; “I heard the sound, but –“; “There were some indications, but I just assumed…”  Yet, later, we recognize those telltale footprints, and wonder why the creaking floorboards or the muffled murmur did not raise the cautionary instincts repressed by urge of avoidance.  If we were paid a dollar for every instance where…

Like Jim Croce’s remorseful song, if time could be saved in a bottle from every occurrence of wasteful distraction spent trying to figure out things which could otherwise be discerned through careful analysis, the extent of cumulative superciliousness in trying to act offended or incensed by charges of ineptitude might be reasonably contained.  There is so much noise, these days, that a fresh uptick in the volume of an additional din is barely noticeable.  And when then sound of emitted discordance strums a beat in the distance, who but the expectant and anxious parent recognizes the unique cry of a child’s shrill scream of alarm?

And if the sound is merely likened to darkness, where light no longer creeps between the door left ajar, or the seam between the floor and the locked metal gate, then how are we to recognize the silence of strangled light left abandoned in the loneliness of a world uncaring?

The din of distant darkness is precisely that foreboding sense of what may happen, but based upon “something”, as opposed to a baseless muttering of convictions unfounded when we suddenly “lose it” and cannot extricate ourselves from the frenzy of our own lies.  Much of life is about lying – not necessarily to others (although, we do that often enough, as well), but more to ourselves in order to shield our own fragile psyche from the fears we want to avoid.  But even darkness seen in the distant horizon comes creeping towards us, whether we want it to, or not.

How we nestle in the fears of our own making, or struggle against the timeless reverberations of anxieties unstated and never confessed, is the foundation of what makes for successful living, or failed attempts to conceal the cacophony of numbing onslaughts of life.  Yes, the din of distant darkness is yet merely a warning some months, years or decades away; but for Federal and Postal employees who already have a sense of what is coming, and the inevitability of life’s misgivings, the indicators are probably already there:  a medical condition that will not go away; the intersecting impact between the medical condition and the ability to perform the essential elements of the Federal or Postal position; and the question:  How long can I last?

For Federal employees and U.S. Postal workers who need to start considering the process of preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the din of distant darkness should never be avoided; for, in the end, it will come upon you like a thief in the night, stealthily, and without regard, just as your agency and closest coworkers and supervisors will turn the other eye even when the oncoming rush is about to hit you in a sudden fit of uncaring actions.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Misfit

The herd mentality must of necessity have a survivability factor; otherwise, there is little to explain the illogical repetition of the historical recurrence of human folly for behavioral anthropology.  In the modern era, being “different” is a sign of rebellion, and the cultural tidal wave of the Sixties in altering the normative landscape of music, art, religion and social customs, revealed the pinnacle of self-destructive behavior — until it became clear that being a misfit itself was merely the convention.

Behaving “normally” means that one does not make “waves”; in a highly bureaucratized society, the importance of non-innovation and complete compliance is regarded as sacrosanct.  Loud, boisterous behavior; conduct outside of the normative inflexibility of societal perspectives; that which is acceptable as quirkiness or eccentricities, as opposed to destructive explosions of tendencies bordering upon insanity; the invisible line between the misfit and clinical commitment to a psychiatric facility is a thin reed, indeed.

Often, however, it is uncontrollable circumstances which impose upon an individual the unwanted label of being an “outsider”.  Medical conditions often have a tendency to promote such a state.  It is like being labeled a plague-carrying contagion by the CDC; once whispered, the rumors begin to spread.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent one from performing one or more of the essential elements of one’s job, being labeled a misfit becomes a “given”. Others begin to shy away from an association; some are told bluntly not to have contact with “that one”.

Loss of normative acceptance within any community or society is an important factor for success; somehow, despite all of the legal safeguards, EEO regulations and protective statutes applying to disabled individuals, the herd mentality of yore nevertheless prevails.  For Federal and Postal workers, the only pragmatic exit is to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset.

Is it a retreat or an escape?  Not really; rather, just a means of looking out for one’s own best interests.  The medical condition itself should always be paramount in considering one’s life; attending to it properly means that one must have the time and energy to treat the underlying malady; and continuing in an employment atmosphere where acceptance is avoided, and empathy is rare, is also an unstated definition of engaging in self-flagellation.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: The Cackle around Us

Often, the noise emanating and pervading is nothing more than the raucous shrieks and glass-shattering sounds like the cackle of birds; neither intelligible nor pleasant to the ear, it fails to inform, engender pleasure, nor spur substantive advancement for the intellect or one’s emotional well-being.

People talk; talk is limitless; and the louder one talks (or so the theory goes) and endures past all others, the last voice establishes the truth of the matter.  The problem in modernity is not so much the boisterousness and overpowering continuum of noise; rather, it is the inability to recognize the lesser argument, the weaker factual basis, and the mesmerizing conduit of enjoying the sound of one’s own voice.

There is, indeed, much information “out there”; the question is not one of volume, but rather of quality in the vast overload of content dissemination. When one seeks  information, how does veracity get established?  When one chooses representation, what criteria is applied?  And when one receives answers to queries put forth, where does the confirmation begin to concretize?  The world is replete with information; what parcel of it is useful; how much of it is relevant; and to what use or pragmatic application can it be devised?  In the practical world of living, the cackle of information must be sifted through in order to survive any given ordeal.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s positional duties, the preparation, formulation and filing of an effective Federal Disability Retirement application through the U.S. Office of Personnel Management must by necessity encapsulate the issue of relevant, pertinent and substantive information.

Gathering the proper medical document; formulating an effective Statement of Disability on Standard Form 3112A; presenting updated and relevant legal argumentation in order to persuade OPM into approving one’s Federal Disability Retirement application; these are the criteria in the pragmatic application for sifting through the cacophony of information clutter, and it matters not whether the cackle avoided represents that originating from crows or vultures; the point is to keep from being the meal of prey, and instead to prepare one’s meal of information in the quietude of thoughtful reflection, away from the disturbances of those who seek merely to hear the sound of their own voice, as opposed to the satisfying sonata of substantive and helpful information that will actually help the Federal or Postal employee secure one’s future in the preparation, formulation and filing of an effective Federal Disability Retirement application, whether one is under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire