Federal & Postal Disability Retirement: Standard of incompatibility

How does one “prove” a standard of “incompatibility”?

Physical injuries often allow for a medical opinion to impose certain restrictions:  No lifting more than X-pounds; no standing more than 2 hours within an 8-hour period, etc.  These, then, can directly “prove” that a Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s Federal or Postal job, by comparing such restrictions as against the positional requirements of a given job, and “showing” that the standard required can no longer be met.

The “other” cousin of the standard, as reiterated by cases represented by Henderson v. OPM and related precedents, allow for a “different” type of proof, where one may show that there is a general incompatibility between the entirety of one’s position and the medical conditions one suffers from.

It might be argued that such a standard is more “nebulous” and “harder to prove”, but in fact, the opposite is often true: specificity on a 1-to-1 ratio between a given medical condition or symptom and an element of one’s positional duties no longer becomes necessary.  Rather, a general showing of incompatibility between the “type” of job and the “nature” of a medical condition is enough to qualify for Federal Disability Retirement.

The trick, of course, lies in the manner of “proving” it, but it should be of some comfort to Federal and Postal employees that there is another type of standard beyond the 1-to-1 ratio standard that applies generally for “physical” duties; for, in the end, many psychiatric conditions can only meet the “incompatibility” standard, although some specificity of inability to perform a particular function of the job may be present as well.

To meet either standard is a burden of proof that must be shown by the appellant in all OPM Disability Retirement cases; to understand, apply and satisfy such standards, it is best to consult with an attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: ‘It could be worse…’

Do other species utilize comparative analysis as a tool for deciding the next course of action to take?  Or, does the existential, “here-and-now” appetitive nature of non-human beings rule, such that the conclusion reached — “It could be worse” — never plays a role in the decision-making process?

For, that is the basis of the conclusion reached, is it not?  Of remaining static, refusing to change, in deciding to not make alterations to present circumstances no matter the cost or the pain — that by coming up with imaginative, hypothetical models of circumstances real and fantasized, encapsulating descriptive conditions far worse than the one being endured by you, we can therefore justify continuation of maintaining the status quo?

How much worse must it get before one discards the idea that it could be worse?  Or, are the boundaries of human imagination so limitless that the enduring of present circumstances is always preferable to modification and change; or, perhaps that change itself is so naturally resisted, because the comfort of monotony and repetition provides the sequence of security that favors the stability of an unchanging universe?

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 preservation of the status quo is often preferable to the trauma of needed change.

One can justify for quite a long time the grasping on to that which one has, and to not change; and the justification can be maintained for quite some time in the very statement, “It could be worse…”.  That is the safe path, the road of least resistance; but the question unasked is the one unanswered and therefore untold as to the progressive deterioration of one’s health; Of: “Could it be better?”

That question can only be answered in conjunction with the realization that one’s health is never something that should be sacrificed on the altar of one’s career or work, and preparing, formulating and filing an effective Federal Disability Retirement application, filed with the U.S. Office of Personnel Management, is the first step in recognizing that, Yes, while it could be worse, it could also be better.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement from Federal Government Employment: The broken record

Does the metaphor have any meaning for modernity, anymore?  Those discs made of shellac resin or vinyl, pressed into magical ridges where the needle would remain stable but for the warbling of the maze; but somehow that circular maze of ridges would have a scratch, directing the point of the needle to continue back into the previous ridge just traveled, like the lost child who cannot see beyond the walled ivy and keeps running frantically in circles, exhausted by the endless infinity of a pathway unable to be traversed beyond the limitless circularity of a philosopher’s argumentum ad nauseum, where tautology of teleology is likened to the boulder being pushed by Sisyphus.

But what of the individual who has never experienced the encounter with a broken record – neither in real life, nor in watching a movie or other inane television show where the manual labor of carefully lifting the needle by the undercarriage of a forefinger, then placing it gently onto the groove closest to the condemned one, possesses no contextual significance because of a lack of knowledge?

Those who have been dated by “aha” responses to such metaphors, take for granted such commonplace declarations; and when we meet with blank stares and confused eyelids, it dawns on us that there is no replacement for an actual experience of descriptive content.  For, the efficacy of the idiom itself is immediately lost upon an attempt to explain:  “You know, when a record starts to…”

And what of times previous to the introduction of the gramophone (boy, now we really are reaching back into time) – did the men and women from an era now past have such peculiar dialects that described repetitive droning of whining and complaining?  Was it something akin to, “Stop acting like a baying hyena,” where pioneers settled lands still dominating with lurking cries of wildlife and unsettled voices?

And what of foreign lands – countries afar and across the great oceans – did they recognize and identify the relevance of the repetition emitted by the spherical looping back upon a scratched surface, or was it ignored in other dialects as a ho-hum matter not worthy of creating a modern-day idiom to be added to the dictionary of everyday expressions?

The metaphor of the broken record is one whose utility has long passed; but for Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition has become a chronic state of inability in performing one or more of the essential elements of one’s Federal or Postal positional duties, the underlying and substantive content of the intersection with one’s career and life, remains relevant.  For, to the Agency, the U.S. Postal Service and the Supervisors, Managers and coworkers with the Federal Agency or the U.S. Postal worker – they view such chronic medical conditions like a “broken record” – of a fellow Federal or Postal worker who cannot “carry his or her” weight, anymore, and begins to treat the “situation” accordingly.

Human empathy lasts barely for a day; pernicious antagonism continues well beyond.  When it becomes clear that the Federal or Postal employee will no longer be able to abide by the conventions of the Federal or Postal rules, and others begin to view the use of Sick Leave, assertion of FMLA and constant need to shift workloads to others as acts to be punitively responded, it is time to consider preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, in order to have that undercarriage lifted and placed gently onto the next ridge of one’s life, in an effort to avoid the metaphor of being a broken record.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: The monster within

There are gargoyles we imagine, which are scarier than those in real life – unless we mean by them the ones who plan to do us harm (and not just murderers, rapists and other violators of the social contract scheme).  For the latter, we have laws, self-defensive mechanisms, and the ultimate justification for flight, and sometimes they work, at others, partially or not at all.  We can spend a lifetime fretting over the monsters without; it is those within – the former that haunts and never leaves the home of the mind – that destroy without a finger lifted.  For, in the end, it is fear that defeats, and that is well known by students of military strategy.

What weakness the adversary has, should be exploited tenfold as a vulnerability beyond the actual numbers; and what suspicion of doubt is kept in reserve, should be accessed and manipulated in order to magnify the exponential harm perpetrated by a cautious mind.  What looms large in one’s mind is quantitatively expanded despite arguments of logic, rationality and calm discourse; for, it is the imagination left untethered when the quiet of darkness falls upon a sleepless night, that the qualitative lack of focus begins to take shape in shadows unseen by a dawning light.

What can be more fearsome than that which we cannot control?  In reality, the circumstances that develop and unfold are mostly those that we have allowed for; in the creative recesses of our mental reserves, the expansive and uncontrolled destinies can never be curtailed, but have the limitless potential beyond any reality of sanity.  That is why the master torturer knows never to rush, and the interrogator recognizes the value of anticipation; of allowing the quiet fears to grow in the solitude of thought; and in the period between reality and imagination, the monster within can grow tenfold in untold features of taking on masks of fearful expressions and profiles of unfathomable terror.

How does one break that spell?  The shattering of an imagined fear is often tied to a fragile psyche that cannot be separated, and like conjoined twins who share a vital organ, should not be bifurcated but with surgical precision.  Fear is an interminable intrusion, unless and until the causative forces are intersected by an antidote which dissolves and dissipates.  The key is to find the antidote; and in the meantime, to hope that the elements of reality are not so traumatic as to overshadow the forces of psychic quietude.

For Federal employees who suffer from a medical condition, and Postal workers who similarly experience the pain of physical disabilities or psychiatric dysfunctions, the issue of when, how, and if one should file for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is intimately conjoined with the growing monster within, while battling the dual forces of antagonism and contentiousness from without.  For, it is often the Federal agency or the U.S. Postal Service which exacerbates the problems associated with a medical condition, which then further complicates and magnifies the monsters stirring within.

To resolve such a problem, the answer lies in the very preparation, formulation and filing of an effective Federal Disability Retirement application, submitted to the U.S. Office of Personnel Management; for, in the end, the monster within becomes resolved only when the gargoyles outside are dealt with, and for the Federal or Postal employee with a medical condition, that resolution is defined by obtaining a Federal Disability Retirement annuity, in order to be able to take the next steps to secure a hopeful future, beginning with the act of separating from that environment of the Federal agency or U.S. Postal Service which helps to create the monsters in the first place.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement Systems: The mindful gargoyle

In architecture, they serve a pragmatic purpose of duality:  they divert unwanted seepage of water by redirecting it away from the side of a structure, but moreover, they serve the equally important spiritual task of keeping evil spirits at bay.

In everyday life, the concept can take on multiple meanings; of a grotesque figure unattractive on the outside, but encompassing an unseen beauty within through his or her thoughts, concerns and conceptual constructs; or of the monster which stays hidden within a tortured soul, where the fantasy of our own imaginations loom larger than the realities we may face; or, further, denoting phantasm from Medieval days where knights and dragons slayed have returned in more subtle forms of windmills left churning in the fields of fear of our own making.

All of them are barely noticed, now; onlookers pass by the structures which jut with such figures of antiquity; of monsters and grotesque figurines, we barely notice in this technological universe of pragmatism where fantasies of spiritual fears are dismissed as mere shams abbreviated from the shamans of yore; and of those looming monsters which haunt us in the nightmares of sleepless hours?

Pharmacology and the innane science of hope have become the masters of our fate, as Darwinian determinism has replaced the Oracles of ponderous paths.  There are no more mindful gargoyles; only materialism and the tactile reality of a virtual universe we have created in repose of empty caverns, where vacuity of thought is mistaken for profound moments of cognitive clarity, when in truth it is the dissonance of our own creation which leaves us trembling in the corners of our own fears, paralyzed with haunting thoughts and haunted imaginings.

But that we could return to the days of Tom and Huck, and win the heart of Becky Thatcher in braided pigtails of forgotten innocence; but, then, we would have to give up all of those “advances” we are lectured about by insistent voices booming in megaphones of self-interested diatribes.

For Federal employees and U.S. Postal workers, of course, the mindful gargoyle is of utmost importance.  For, it is that symbol and pablum of life that interjects and disrupts; the fears which prevent us from progress are precisely those which loom larger in the creativity of our own minds, where such phantoms preventing steps taken to move forward are the ones which need to be slain in mind first, then in the world outside.

That is why, often, the first step in the long bureaucratic process of preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is to speak with an Attorney, in order to “objectively” assess one’s chances and develop pragmatic steps towards a potentially successful outcome.

For, in the end, preparing, formulating and filing for Federal Disability Retirement benefits should reflect a pragmatic purpose — somewhat like the architectural utility of the gargoyles seen on structures of Medieval contortions, and not left in the dusty attics of fearful minds and monsters unslain in the deep recesses of cringing thoughts.

Sincerely,

Robert R. McGill, Esquire