OPM Disability Retirement Attorney: Incremental Destruction

It is the slow, destructive force of incrementalism which presents the greater danger in life.  Most people can respond to a full-blown crisis; those are events where the human chemistry of adrenaline flow and reactive thoughtlessness results in heroic acts as told in epic narratives.  But what of the slow and deliberate acts of daily sniping?  How well do we respond, and in civil discourse where physical challenge to such cowardly encounters is no longer acceptable, what does one do?

For the Federal employee and the U.S. Postal worker who must contend daily with supervisors, co-workers, managers, etc., in the deliberative incrementalism of destructive criticism, heightened hostility, and the slow churning of pressure by the drip-drip method of administrative sanctions, actions and reprimands, the cost of remaining in an atmosphere of toxicity is high, indeed.

When the medical condition begins to impact the capacity and ability to perform one or more of the essential elements of one’s positional duties, the Federal agency and the U.S. Postal Service engages in a fairly routine manner of acting — of ostracizing, impeding and obstructing.

One would think that, with all of the laws and public awareness concerning disability discrimination, that society — and especially the Federal sector — would be sensitive in the treatment of Federal and Postal employees who suffer from a medical condition; but, alas, civilization rarely progresses in response to genteel laws reflecting intellectual advancement; rather, they remain within the constraints of the origin of one’s species (hint:  the reference is to the Darwinian paradigm of evolutionary determinism).

Filing 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 often the best choice remaining for Federal or Postal workers who must contend with the incrementalism of sure destruction.  For, in the end, one must always reflect upon the priority of values — of health, continuation in a toxic environment, and whether it is worth it in the end.

It may be years before the adverse effects surface, or mere months; but that is the legend of the age-old torture methods which are most effective; the ones who administer the pain have all the time in the world; it is the victim who must live with the consequences.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney: The Aftermath

We like to think in linear prose; that is why, when E. E. Cummings showered the literary world with typographical disarray, a collective groan of discomfort visibly shook the foundations of the art form.

In daily life, it is the capacity of seeing a beginning, continuum and conclusion to a segment of a bifurcated visual horizon, which makes for sanity.  Closure and a sense of termination allows for satisfaction of an accomplished deed.  To be required to maintain a project, a task, an obligation, etc., is to engage in an eternal hell of unendurable agony; but that is, in the end, what must be done for most things, which is precisely why life is a challenge of inestimable proportions.

Federal Disability Retirement is no different; once obtained, one would like to think that closure has been accomplished, and that life is nothing more than forward-looking deeds to be reached like ski slopes allowing only for downward spirals of travel, never needing to look back.  But maintenance of effort is always a requirement; making sure that one is preserving the rights which one has fought so hard to gain, is a daily task, a present obligation, and a necessity of life in Federal Disability Retirement law, as in other sectors of life.

Whether to recognize the earned income cap for Federal Disability Retirement annuitants while still under a certain age, or making sure to be able to re-certify one’s ongoing medical condition and disability — these are never tremendously onerous tasks, but ones which can only be satisfied if one is fully aware of the laws which govern them.

Filing for Federal Disability Retirement benefits by the Federal employee or the U.S. Postal worker, whether under FERS, CSRS or CSRS Offset, is the first step in securing one’s future; the aftermath is the second and many subsequent steps, in ensuring the viability of that which one fought for in the first place, lest history should be repeated and goblins be allowed a resting place where none should be.

Sincerely,

Robert R. McGill, Esquire

 

Expanding the Significance of Individual Federal Employee Disability Cases

Lawyers daily engage in it; courts are sometimes receptive to it; the public is rarely approving of it.  Expanding the literal language of a statute by reading meaning into words, phrases and conceptual paradigms not otherwise manifested or obvious in the words enacted, is a language game which some call intellectual brilliance, while others deem to be disingenuous or otherwise dishonest, to be blunt about it.  The “it”, of course, is the compendium of the expanded impact and relevance of consequences resulting from statutory language, some intended, others unintended.

Does it all result from the poor crafting of a statute?  Sometimes.  Is it expected in all statutory construction?  Mostly.  Can constriction, as the antithesis and corollary of an expanded interpretation, ever come about?  Rarely.  It is in the very nature and intuitive construct of a legal statute and inherent principle that expansion of that principle to include avenues and influences not otherwise originally intended is to be expected.  That is the very nature of a law.

Sometimes, legislators knowingly write a statute with intended wiggle-room precisely for the lawyers and judges to wrangle over.  What the general public fails to understand, however, is that each individual can be a singular guardian of the principle of expansion, in each case, with purposive intent and influences beyond, like tentacles on an octopus of fate and fleeting fairytales of justice.

Like the guardian standing at an entranceway, who hears a strange noise or movement emanating from beyond the periphery of his granted authority; how far should he venture?  To what extent should he be curious?  What parameters should preclude his investigation?

For Federal employees and U.S. Postal workers who are filing for Federal Disability Retirement through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, the subtle reverberations and almost imperceptible ripples from each case can never be underestimated.  The character of a case can only be properly compared by taking quantum leaps to cases from years ago; but clearly the benefits derived from prior cases, and precedents set from prior expansions of legal principles, cannot be denied.

The general thought is that individual cases represent merely a single raindrop in the expansive oceans of legal turbulence; but it is the individual case which can influence the compendium of legal principles through the unique argumentation of a previously unthought issue, brought in a light untold; viewed at an angle unstated.

Federal Disability Retirement is a parcel of law in a patchwork of quilts still being sewn; and each Federal or Postal employee who seeks to enter into the universe of laws, legal criteria and evidentiary significance, unintentionally walks into a cauldron of Federal Disability Retirement authorities which engulf and encapsulate statutes, regulations, case-laws and underlying legal principles.

How one uses them; to what extent one responds to the Standard Forms, which includes SF 3107 (for FERS) and SF 2801 (for CSRS and CSRS-Offset); and SF 3112 (for all three, FERS, CSRS and CSRS Offset); which evidentiary compendium is utilized; and the extent of legal argumentation and tools assuaged; all make a difference in expanding the significance of an individual case upon the greater universe of the feudal castle originally surrounded by a moat for protection, but where the guardian lowers the drawbridge and enters into territories hitherto uninhabited.

Sincerely,

Robert R. McGill, Esquire