Medical Retirement under FERS: The Festering Problem

Is that why they came up with that name in the old Addams Family television series?  Of a problem that — over time — becomes a greater issue because it has been left and avoided, leaving the “sore” or other infection to “fester”?  The character in the Addams Family series always seemed to pop up and in out of nowhere — like the crazy uncle left locked in the basement whom no one wanted to speak about and everyone wanted to avoid.

That’s what we allow for in our lives — if not of overtly obvious wounds that we wish would simply go away; then of internal wounds, damaged psyches and anxieties left unresolved.  Things always seem to crop up much later; perhaps of slights in childhood or anxieties, fears and unhealed hurts left to fester; and then, years later, they develop into magnified “issues” which become euphemisms to mask the psychological trauma experienced.  Life is tough.  There is no getting around it.  How we deal with the stresses of daily living, of workplace conflicts, of medical conditions which develop and deteriorate; in the end, each person is left to his or her own devices, with the patience perhaps of family and friends.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the festering problem appears like old Uncle Fester from the Addams Family, it may be time to prepare an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management for consideration.  It is a long and arduous bureaucratic process that, if left to the novice, can itself become a festering problem.

Consult with an attorney who specializes in Federal Disability Retirement Law, lest the problems which resulted in your current predicament becomes a greater one later on because of the festering problem of avoidance — like that Uncle Fester who will suddenly appear from nowhere to remind you of the problem that remains unavoidable.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Explanation & Justification

At what point does an explanation begin to sound like a justification?  Is it when it becomes apparent that there is a personal stake involved?  Does the objectivity of an explanation lose its own justification when it becomes clear that the intended explanation crosses over into an attempt to justify the personal actions or beliefs of an individual?  Can an objective explanation justify a person’s actions without appearing as a justification; and do all justifications involve a personal stake, such that it goes beyond mere explanatory exposition?

Are all justifications “merely” an explanation with a personal stake, and are all explanations ultimately a justification for someone, somewhere, about something?  Why is it that an apparent explanation that turns into an obvious justification suddenly loses its credibility and sense of objectivity?  Is credibility itself gained if a third party provides the justification for someone else, such that there is no “personal stake” involved, and does such a third party’s explanation just as quickly lose his or her credibility if there is a “personal” relationship connected with the person for whom the explanation & justification is being made?

There is certainly a fine line between an explanation and a justification, and for Federal employees and U.S. Postal workers who are suffering 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, filing for FERS Disability Retirement benefits through the U.S. Office of Personnel Management may be the best option to choose from — and, when completing the questions posed on SF 3112A, Applicant’s Statement of Disability, it is well to keep in mind the distinction between “explanation” and “justification”.

Always keep in mind the words of Queen Gertrude in Shakespeare’s Hamlet, when she said, “The lady doth protest too much, methinks.”

Explanation on SF 3112A is good; explanation that begins to bleed of justification may raise some red flags.  To mitigate the distinction between the two, the Federal or Postal employee may want to consult with an attorney who specializes in Federal Disability Retirement Law, to lend credence to an objective approach in preparing, formulating and filing an effective Federal Employee FERS Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Filing for FERS Disability Retirement: The identity of choice

In the end, do we?  That is — do we have a choice when it comes to our identity?  Of course, in this day and age where word-play has become completely malleable, and where Truth and Falsity rarely matter except when tested against the exigencies of the objective universe (i.e., as when crossing a street and someone says, “Be careful, a bus is coming”, and you suddenly realize that the truth or falsity of such a statement can actually have real-life consequences), the question becomes: How does one define one’s use of the word, “identity”?  Is it based upon the aggregation of objective and subjective statements, beliefs, opinions and perspectives?

In other words, are we merely the compendium of cumulative voices based upon: Our birth certificate; the driver’s license in our wallets; the memories retained by our parents, grandparents and relatives; how our friends view us; what our spouses believe us to be; what the neighborhood dogs recalls from sniffing at our feet — the cumulative aggregation of all of such factors?  Is who we are — our “identity” — different from who we believe we are?  If everyone believes X to be such-and-such but X believes himself to be a secret agent working for a mysterious foreign entity, what (or who) determines the reality of our identity?  Or, is “identity” based upon the collective perspective of a community that “knows” that individual?  Can we “choose’ our identity, and if so, completely or only partially?

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition begins to impact one’s ability and capacity to continue to work in one’s Federal or Postal job, there is often a concomitant “identity crisis” that accompanies the medical condition.  No longer are you the stellar worker for the Federal Agency; no longer are you the reliable provider who slogs through the daily toil as a Postal employee; instead, your identity is one of having a medical condition that limits, prevents, subverts or otherwise alters the way in which you live.

Filing for FERS Disability Retirement becomes an alternative that must be chosen, and that “choice” may alter who you are and what others may think about you.  But in the end, you do have a choice: The essence of who you are remains always within; the identity of choice is not altered merely because you file for a benefit that must be pursued because of a medical condition that was incurred through no fault of your own; and anyone who thinks otherwise never knew you to begin with.  For, in the end, the identity of choice was and remains always within the purview and power within each of us; we just didn’t know it.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: The Priority of Me

The “Me Generation” has now passed, and it is no longer in vogue to focus upon the “Me, Me, Me” refrain that once permeated societal acceptance of the selfishness allowed.  There followed, in some quarters of social consciousness, a turning away from the “self” and instead focused upon empathy for others, service towards a selfless society, and a cohesion that was glued by a conscientious attitude of selfish disregard.

Except, of course, in the quiet workings of those more devious than the rest of us, it merely became a marketing tool in order to create greater wealth while declaring that it was for the greater good of society.

Thus did it become advertised that drinking a certain brand of coffee was “good for the world”, that buying certain products “helped the environment”, and driving certain vehicles cut down the pollutants and emissions in order to “save” the planet — all the while, those very same companies reaped profits and the people flew around spewing vast amounts of exhaust plumes into the blue skies above.

The fact is, the Priority of Me has never changed in this universe, ever since the first man or woman looked into the reflection posed from a placid lake or pond and saw that there was a “Me” distinct from a “You” or some other.  From that moment onwards, the Law of Self-Regard would take hold.  The “priority of me” has not changed; it is reflective of a society that constantly advertises cosmetic artifice and promotes youth, beauty and first impressions as the mainstay of relevant values.

Ultimately, one may ask, is there anything wrong with such an ordering of priorities?  If not me, then who?  If not you, then why not me?

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, it is important to recognize that the priority of me extends to the Federal agency and the Postal facility throughout — for, once you divulge the fact that you intend to file for Federal Disability Retirement benefits with the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset, they begin to treat you as an “outsider” who can no longer benefit the “priority of me”.

Medical conditions necessitate a reordering of priorities, and it is important to make that “me” as a greater priority by focusing upon one’s health; but always remember that the “Me Generation” that purportedly had passed has, in fact, never disappeared, and the Federal Agency or the Postal Service will begin to systematically exclude you in favor of themselves — or, from their perspective, making themselves as the “Me Priority”.

No, the “Me Generation” never disappeared; instead, like a chameleon, they simply changed their appearances.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Benefits: ‘Can’ and ‘Have to’

The category of the latter has diminished in recent years, as the general populace has mistakenly misinterpreted the distinctive definitions of liberty and freedom, and reassigned meanings as license and anarchy.  The blank column of the former concept has come to be full, despite the reality of the economic downturn and the shift into a global economy that, we are told, is an inevitable consequence of human progress.

We were taught that the march of progress required the destruction of the American West, where a way of life needed to be trampled upon and destroyed in the name of advancement and civilization; that each step of innovation and progressive paradigms constitute an almost Hegelian fatefulness, and resistance is merely an act of futility within the aggregation of the Leviathan called “Progress”.  The modern parlance consists in the acceptance of every innovation of technology, to the extent that Orwell’s dystopian premonitions have been surpassed by a reality now accepted as mundane and commonplace, and we fail to realize that his magnum opus of a totalitarian future could have been heeded, but now is merely embraced with a yawn and barely a glance backward.

The more that society comes to believe in that which we ‘can’, as opposed to the obligatory mandate of ‘have to’, the less likely is there of a resistance to authority.  And, until the police raid in the middle of the night or the unquestioned stop and search on a highway where others just whiz by without puzzlement or curiosity, is experienced personally by a given individual, the onerous nature of laws passed in the name of safety, security and preventative measures, will be merely a conceptual haze masked by an obscure hypothetical.

Instead, we live day-to-day in the conundrum of being told that we ‘can’ do what we want, desire and fantasize about, and there is little that we ‘have to’ do.  Thus do infidelity and divorces occur; of abandonment of family ties based upon tropes of scintillating sensations; and goals set aside in the namesake of present pleasures.

There is a category of individuals, however, where the luxury of ‘can’ cannot be replaced by mere want of ‘have to’ – a person with a medical condition.  For Federal and 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 ‘can’ once relied upon transforms into an inability.

Once the inability to perform one or more of the essential elements of one’s Federal or Postal position becomes a reality, then the ‘have to’ is finally realized – of preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  Do not let the muddle of incessant trope involving ‘can’ become confused with ‘have to’ – for, when one comes to a point of ‘must’, it is time to prepare, formulate and file an effective Federal Employee Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: The mortality reminder

When does mortality become a concern?  Certainly, not during the youthful vigor when the future holds bright concurrent with the cellular construct yet expanding and multiplying.  Is it with the first encounter that reveals vulnerability?  And what is defined as a “healthy” sense of it, as opposed to an obsessive conduit to a dementia of nihilism?  Does a “close shave” necessarily haunt everyone, or does it matter as to the sensitivity of a soul that such karma encounters?  What “reminds” one of a future terminal, as opposed to becoming an all-consuming journey to avoid the ultimate consequence?

Whether for future promises of glorious defiance of it (Christianity and similar belief systems) or of denial of the substantive reality we face by it (Hinduism, Buddhism and similar negation-bases faiths), the treatment of how it is approached, the methodology of embracing or rejecting, and the paradigms constructed in order to answer the underlying metaphysical queries, are “projects” which Heidegger has identified as those very endeavors to avoid the inevitable.

For Federal and Postal employees who suffer from chronic, debilitating, or otherwise delimiting medical conditions, such that the medical conditions prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal positional duties, the brush with the question of mortality becomes a reality precisely because vulnerability from the secure world one has previously taken for granted, becomes threatened with each day passing in the empirical experience of contending with the medical condition itself.

Medical conditions remind us of our mortality.  Certain and specific conditions tend to exponentially magnify it tenfold:  Post Traumatic Stress Disorder (in nightmares, intrusive memories and recalling of traumatic events); Major Depression/Depressive Disorder (by the loss of stamina and the overwhelming sense of despair); Generalized Anxiety Disorder, which may include suicidal ideations and panic attacks (via the heightened sense of intolerance to work-place stresses); and those physical conditions which result in chronic and intractable pain, from multi-level degenerative disc disease, cervicalgia, myofascial pain syndrome; Rheumatoid Arthritis, Fibromyalgia, Chronic Fatigue Syndrome, as well as the ongoing list which every attempt to become “all-inclusive” always fails to mention, precisely because there is never a single right answer to the mortality reminder.

The key is often missed because the focus is misdirected – it is not so much the medical condition itself, but the impact of that medical condition which prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal positional duties:  that is the essence and foundation of a successful Federal Disability Retirement application.  But more importantly, it is that “nexus” which is the key to the mortality reminder, and that which prompts the Federal or Postal employee into a spur to action:  Prepare the Federal Disability Retirement application well; formulate the foundation for Federal Disability Retirement carefully; file the Federal Disability Retirement application in a timely manner.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Federal Employee Medical Disability Program: Potluck

It is where everyone –  family, neighbors, friends, acquaintances, and even those who don’t want to, but feel the pull of obligation by the sheer weight of embarrassment or shame – brings a dish of something to the occasion, gathering or congregation of confluence.  That is both the rub and the drub, isn’t it?  We never know what is brought to the event; and for some, slinking in unnoticed with empty hands, and once there, who asks what the contents of the contribution consisted of – which can easily be dismissed, in any event, with an inane response of, “Oh, this and that, you know,” and walk away knowing that good manners will prevent any further query of suspicion.

There are always three elements (just three?) to the concept of a “potluck” meal:  (1) If sufficient numbers are invited, the likelihood of a grand and satisfying feast will aggregate (of course, the better preparedness would assign various categories to each invitation – i.e., invitees “a” through “d” brings entrees; “e” through “k” desserts; “l” through “r” side servings, etc.), (2) While some overlap and duplication might occur, the statistical chances are that a wide variety of random amalgamation will be the result, and (3) the greater the participation, the higher statistical chance of success.

It is of this last element that applies to Federal and Postal employees considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, regardless of whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  For, it is the “other side” of the shotgun approach – of allowing for multiple input, various hands and uncoordinated resources, that implodes with an inconsistency of strategic focus.

Medical conditions are interruptive enough; the inability to perform one or more of the essential elements of one’s Federal or Postal positional duties, often results in a parallel inability to prepare, formulate and file an effective Federal Disability Retirement application.

That being said, “help” and “assistance” of the non-legal type may come from spouses, family and friends –  voices which neither know the pain of the applicant who is filing for Federal Disability Retirement benefits, nor are familiar with the legal pitfalls and consequences attending to each procedural and substantive step of the process.  “Help” is always a “good” thing; but in preparing an effective Federal Disability Retirement application to be submitted to the U.S. Office of Personnel Management, the “potluck approach” may be the least desirable of methodologies to engage – unless you simply want a good and hearty meal in the process.

Sincerely,

Robert R. McGill, Esquire