Medical Retirement for Federal Workers: Achieving the Objective

We often hear of people striving to achieve “the good life”, or perhaps, sometimes it is characterized as the “easy life”; one of leisure, pleasure, lack of worries (financial or otherwise), and at least in evocative pictorial representations, surrounded by multiple beautiful people all with dentures which gleam with gaiety and unbounded mirth.

How one achieves such a state of ecstasy (by following directions provided), where it exists (some utopian tropical island which can only be reached via a private plane), when to begin (by calling a certain toll-free number), and what to do (respond to the advertisement within the specified time period offered), are somewhat murky, but belief in such an objective to be achieved keeps human hope alive.  Somehow, such predilections of a state of finality seem hollow in the face of reality; it is the latter with which we must contend on a daily basis; the former is merely a fantasy left for dreamers and fictional characters.

For Federal and Postal employees who face a medical condition, such that the medical condition impacts one’s ability to perform the essential elements of one’s chosen Federal or Postal vocation, there is little extra leisure time to engage in such phantasms of thought.  Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS or CSRS, takes a clear, analytical approach, and one which cannot be sidelined by daydreams of virtual realities in a hemisphere of utopian musings.  But, then, Federal and Postal employees who suffer from medical conditions and must contend with the agency’s hostile response to such matters, already understand the necessity of engaging reality versus the world of imagination.

While it is sometimes preferable to get lost in the parallel universe of ecstatic fantasies, it is always the harsh reality of this world which must be the ultimate objective of achievement.  Fantasies are left for those precious hours of sleep one can enjoy; the rest of the waking hours must be to tackle the reality of the real.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: The Shrinking Attention Span

Social commentators have noted the prevalence of the decline of genuine empathy, often linked to a greater entanglement with the virtual world, as created by television, movies, media, the internet, and the exponential use of social media.  When emotions are spent and expended upon a lifeless screen of images and words, with limited encounters with actual human interaction, one wonders about the inevitable march of human evolution towards a world of emotionless drones and androids.

Science fiction is no longer a genre about the future; the future is now.  As part of the defining phenomena of our times is the shrinking capacity for holding one’s attention; for, as we become attuned and disciplined to view the entire lifespan of an individual or event within a 2-hour period — as that constitutes the estimated time of a film or play — so the capacity of a person to endure the patience to listen to, attend to, or otherwise sustain one’s attention for the true lifespan of an individual becomes correspondingly diminished.

Society no longer has the ability to focus, concentrate, or have sympathy for, conditions and events which last a real lifetime.  This presents a growing problem in our society, and one which is reflected in daily life.

For the Federal or Postal Worker who suffers from a medical condition, such that the medical condition impacts one’s employment arena in the ability to perform the essential elements of one’s job, the sustained reaction from one’s coworkers, supervisors and managers is a telling tale of increasing impatience with anyone and everyone who is not “fully productive”, as defined by a society of working drones.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, is an option which provides an outlet away from the compassionless environment of a workforce which, once not too long ago, viewed themselves with greater empathy by embracing disabled workers and with great fanfare declared programs of accommodations and patience.  But somewhere along the way, the virtual world caught up with the reality of human nature; we are what we seek to become.

Federal Disability Retirement is an avenue of relief for the Federal or Postal Worker who requires an attention span greater than the time needed to view a movie; it is there for one’s lifetime, to attend to the realities of a world otherwise distracted by the glow of an electronic screen while one’s neighbor suffers real human needs.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: The Tenuous Thread of Life

In this, our desensitized, sanitized life; in a world of virtual reality and technological complexity, the modern man has little empathy for the tenuous thread of life.

We are conditioned and trained more to cry over a movie scene than the tragedy which befalls a real entity. A well-rehearsed scene which evokes a glandular response, perfected at the 50th take with artificial lighting and poll-tested under the directorship of professionals, will tug the sympathies of our fellow man, than the unseen damage done to the psyche of a puppy lost in a world of daily productivity.

That is the stark reality which the Federal and Postal Worker must face in seeking Federal Disability Retirement through the U.S. Office of Personnel Management, whether under FERS or CSRS; of avoiding the land mines of adverse actions by one’s agency; of trying to contain the disdain of fellow Federal or Postal Employees who suddenly begin to shun those who are not part of “the team” and who cannot justify their existence because of lack of productivity.

It is the tenuous thread of life which becomes all the more real and revealing; for, it is ultimately not what we produce or how much; what we consume or which brand; rather, it is how we tend to the weakest and the flimsy which represents the soul of a person, a neighborhood, a community.

Federal Disability Retirement is a benefit which preserves the dignity of the Federal and Postal Worker by providing for a base annuity, and then to allow that person to go out and try a new vocation and career without penalizing that person for again becoming a productive member of society.

That tenuous thread of life; it is well worth fighting for.

Sincerely,

Robert R. McGill, Esquire

Federal Gov. and USPS Disability Retirement: The Story Genre

There is quite obviously a human need to relate the narrative; of one’s community events, tragedies and triumphs; from the days of cave paintings to rote retelling of the group’s identity and character of historical form and content, the telling of one’s story is, and remains, a vital part or any community.

Technology has now replaced the gathering of the group around the community center with emails, tweeting, mediums of blogs; of electronic tablets and voice conveyers; but regardless of form, that sense of need in the “telling” and “listening” remains. The methodology of the “telling”, however, has changed in form and content over the years, as technology has greatly undermined the genre of the human narrative with distractions and diversions beyond the story-form. Our focus and attention, quite frankly, is not what it used to be.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, through the U.S. Office of Personnel Management, part of the preparatory phase of the process is to compile the “telling” of one’s narrative. How effective; how succinct and of manner of logical sequence; how coherent and persuasive; all depend upon the form and content of the genre of the human narrative. Factual foundations aside, it is the penultimate culmination of the telling of one’s story which will form the substantive basis of the administrative process.

It is not only a necessary part of the process of preparing and formulating a Federal Disability Retirement application; it is merely the continuation of satisfying that innate human need — of the “telling” of one’s story.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: The Runt of the Litter

It is interesting watching the behavior and interaction between the runt of a litter and the rest of the “healthy” puppies.  The runt is cast aside; the others, for no apparent reason other than because he is a runt, will focus upon the weakling and mercilessly attack him and take advantage of the vulnerabilities and weak spots.  For the runt’s part, it is a test of endurance and survival, and perhaps it is the very isolation and aggressiveness from others which tests the prospects for survival.

We humans like to think of ourselves as (to paraphrase Shakespeare), far above such animalistic behavior, and closer to the angels of heaven in our demeanor and virtues.  But in engaging the process of preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, from the U.S. Office of Personnel Management, it is clear that we are not far from the “runt-behavior” and the target of Federal agencies and the U.S. Postal Service.

Loyalty and camaraderie prevails on the surface so long as everyone is healthy; once a medical condition is revealed, the behavior of the aggressors manifests to the forefront.  Agencies comprise a collective and organic whole in their behavior and treatment of employees who exhibit a medical condition requiring the filing of a Federal Disability Retirement application.  Once the medical condition becomes apparent, and begins to impact one’s ability/inability to perform the essential elements of one’s job, the test of survival begins.  Empathy, a somewhat human quality, rarely prevails; and laws and rights must be invoked.

Think about it this way:  Do angels need laws to regulate their behavior?  Yet, human beings must have laws, and a vast abundance of them in order to ensure the protection of disabled individuals.  FERS & CSRS Disability Retirement is fortunately a compensatory system which provides some protection for Federal and Postal employees; and it is a system based upon laws — ones which are necessary to protect the runts of the world.

Far from being angels, we are closer than we think to the pack of dogs who wait patiently to see who the next runt is, and which one can be attacked.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Historical Relevance

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, one must thoughtfully complete Standard Form 3112A — the “Applicant’s Statement of Disability“.

The questions asked on the form do not request, nor do they require, historical context — i.e., of “how” a medical condition or injury occurred, “when” it occurred (although it does ask the approximate date of the onset of disability, which is somewhat distinct from asking the question in the context of historical background; rather, it merely asks for a month and a year), or “what” happened.

History is a contextual aura, a conceptual construct which we carry with us wherever we are; of having an identity based upon one’s background, a sense of who we are, where we came from, and thereby providing a foundation of an understanding of why we are who we are in the present day.  The historicity of an individual, a culture, a society and a civilization is important in understanding the context as to the behavior, motivation, and teleological actions engaged in by an individual, a group, or a nation.

Thus, the old adage that those who fail to study history, are condemned to repeat the mistakes of the past.  But in the context of preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS, one must always keep in mind that brevity, streamlining and respect for the limited time, attention-span and workload of the OPM Representative in reviewing a particular case, is important.  To that end, historical background should be guided by the standard of direct relevance to the essence of one’s case.

Reading about history is important; understanding history can be informative; listening to one’s personal history should be left mostly to the quietude of a family gathering, when grandpa has the time to retell ancient stories of those past glory days.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: More than a Story

Re-reading Anton Chekhov’s famous short story, “Grief”, is instructive in multiple ways — the effective use of limited dialogue; creating of word-pictures which set the tone of the story; the metaphorical use of language; and the answer to the question, What makes a particular aggregation of words effective in their linear combination?  It is a very short narration of events, even for a “short story”.  Yet, as a classic piece of literature, it stands alone in its powerful evocation of the plight of man:  the need to relate human suffering, in its proper manner, in a particular way — so as to relieve the sufferer from the very essence of his turmoil.  To whom it is told, of course, is not important; how it is stated, is the point of the story.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, both the “to whom” and “how” are equally important, and that is the difference and distinction from fictional prose.  The audience in a Federal Disability Retirement application must always be kept in mind — a Federal Government bureaucrat, who has seen many Federal Disability Retirement applications, whether under FERS or CSRS.

Like the passengers to whom Iona Potapov attempted to relate his story, the Claims Specialist at OPM will have a calloused view of one’s Federal Disability Retirement application — not necessarily because of an inability to empathize, but because any singular Federal Disability Retirement application will be merely one of thousands to view, and after time, the conglomeration of words simply spill over one into another.  As such, “how” the narrative portion of one’s Federal Disability Retirement application is told, becomes all-important.  The type of prose, of course, is far different than Chekhov’s fictional account of the suffering of a man; but the metaphorical use of language should be invoked where applicable, all the while understanding that being concise and conservative in choosing the right words is the most effective way of communicating.

Sincerely,

Robert R. McGill, Esquire

Early Retirement for Disabled Federal Workers: Formulating an Effective Statement

Writing can be a chore; writing to convey an abstract idea clearly and concisely can be draining; but, further, if writing is about one’s self, and the self-referential “I” is the central theme of the written formulation, it can be a draining chore.  In formulating the Applicant’s Statement of Disability (Standard Form 3112A) in preparing a Federal Disability Retirement application under FERS or CSRS, it is important to convey the multiple elements of “proof” which must be presented before the Office of Personnel Management.  

To this end, it is helpful to understand the eligibility elements under the law, including those elements which have been discussed in various Merit Systems Protection Board cases where Federal and Postal employees have been denied their initial and Reconsideration attempts at obtaining Federal Disability Retirement benefits. The heart of such cases always discuss, analyze, and evaluate the why, when and what of a Federal Disability Retirement case, and that is where the “meat” of the essential elements are contained.  Lawyers who practice in the area of law generically entitled, “Federal Disability Retirement Law” should and must study the “new” cases which are handed down, and this is why an attorney who practices in this area of law can be helpful — both in formulating the Applicant’s Statement, as well as in meeting all of the eligibility requirements under the law.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: The Client’s Interests

The Client’s interests is obviously what is always paramount for an attorney representing an individual in any given case, in any arena of law.  In Federal Disability Retirement law under FERS & CSRS, there is the added urgency in addition to the client — that of the continuing medical disability.  For every attorney, there are always competing interests for the limited time of any attorney — taken up by consultation, proper and careful preparation of the Federal Disability Retirement application itself; preparation for a Merit Systems Protection Board Hearing; and many other issues.  Time is the valuable commodity, and the attorney representing a Federal or Postal worker must take care to focus upon the essential aspects of what will ultimately result in the victory for the client:  an approval of a Federal Disability Retirement claim from the Office of Personnel Management

Sometime, read Anton Chekhov’s short story, Grief.  It is about a man whose son has just died.  As with any person with a tale to tell, it must be told.  So it is with any Federal or Postal employee who suffers from a medical condition which impacts one’s ability to perform the essential elements of one’s job.  There is a story to tell.  At the same time, however, the Attorney who represents a person to obtain disability retirement must focus the story itself; to do otherwise ends up failing to serve the client’s best interest — the focus upon what will end in ultimate victory:  an approval from the Office of Personnel Management granting the Client his or her Federal Disability Retirement benefits under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire