Federal & Postal Disability Retirement: Preparing the case

For some reason, Federal and Postal workers who “prepare” and submit a Federal Disability Retirement application, do so without much thought as to what is entailed by the entire process.

They will often rely upon what the “Human Resource Office” tells them — of forms to fill out, what form to give to the doctor, the form to give to the supervisor, etc., and will spend more time trying to figure out the confusing life insurance form than in preparing the Applicant’s Statement of Disability (SF 3112A) or the legal precedents that govern Federal Disability Retirement Law — and then, when it gets denied at the Initial Stage of the process and the Federal or Postal Disability Retirement applicant goes back to the H.R. “Specialist” and asks, “Well, what do I do now?”, the response is: “That is not our problem; that’s a problem you have to deal with.”

Accountability is not known to be a commonly recognized characteristic in a Human Resource Office, and while there are never any guarantees in life, in any sector or endeavor, at a minimum, when one is being “assisted” and guided through an administrative process, it is important to know whether or not whoever you are relying upon will see you through to the end.

Why the Federal or Postal employee who begins the process of preparing, formulating and filing a Federal Disability Retirement application does so without the same care, scrutiny and comprehensive approach as one does in “other” legal cases, is a puzzle.

Federal Disability Retirement — whether under FERS, CSRS or CSRS Offset — is as complex a case as any other, and should be approached with the same intensity, technical application and expertise as a patent and trademark case, or a complicated medical malpractice filing.  For, a Federal Disability Retirement case involves every aspect of any other type of complex litigation — of the proper medical evidence to gather; of meeting the established legal standard in order to meet the burden of proof; of citing the relevant legal precedents in order to persuade the reviewer at the U.S. Office of Personnel Management; and presenting a compelling description to a “jury” at OPM that one has met the nexus between “having a medical condition” and the inconsistency inherent with the positional duties required, etc.

In the end, preparing the case for submission of a Federal Disability Retirement application involves greater complexity than what the layman can normally account for, and as the fine print in those television commercials state involving sporty vehicles maneuvering at high speeds, you may not want to try this on your own.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Disability Retirement: Meaning & work

A book of very recent vintage, written by an anthropologist, uses an 8-letter epithet in its title.  While it is always dangerous to refer to something without having read it, the various book reviewers have provided enough insights to recognize that it involves a judgment upon employment, work and the meaninglessness of many jobs held by the population at large.

There would be, of course, some criticism as to the validity of such a judgment, given the nature of being an “outsider” as opposed to an “insider” — i.e., from the “outside” (e.g., the author/anthropologist himself who makes a living by selling books criticizing certain subjects) perspective, it may seem like certain types of work retain no inherent meaning, but from the “inside” perspective (i.e., those whose jobs it is to perform such tasks, and the companies, corporations and entities that require that such tasks be maintained), elements of employment that outsiders may deem meaningless may contain elaborate foundations of meaningfulness.

That was, of course, one of the criticisms thrown by Marx — of the separation of labor from the value of existence, arising coincidentally from the industrial revolution where mass production and assembly lines in factories that exploited labor resulted in a disillusioning effect because people no longer saw the fruits of one’s own labor (an aside: Does that explain why so many people think that the original source of beef, poultry and dairy products come from the storeroom of Safeway?).

How does one work, make a living and concurrently retain “meaning” in all, if not most, of the tasks performed?  Anyone who has been employed for any significant length of time comes to recognize that the three are distinct and separable: work is different from “making a living”, in that you can work for endless and tireless hours and yet not make enough wages to pay all of the bills; and whether you work long hours or not, and whether you can pay all of the debts incurred or have extra spending money at the end of each pay period, the “meaning” one derives from the work engaged is not necessarily attached to either the hours expended or the money earned.

For some, perhaps, meaning is never derived from the work itself, but merely from a recognition that the work is merely a means to an end — of performing tasks in order to earn enough wages to own a home, start a family and provide for a retirement, etc.  Or, for others, perhaps a deep-seated recognition is acceptable, that life itself is like the task that Sisyphus engaged in, and the toil of work is as the meaninglessness of rolling the boulder up another hill, only to see it roll back down again, and thus repetition allows for the futility of all tasks great or small.

One’s resolve and the will to impose meaningfulness in the face of alienation is a testament to man’s capacity to seek greater good.

For the Federal employee and U.S. Postal worker who suffers from a medical condition such that the medical condition begins to impact one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal job, the need to continue to find “meaning” in striving often is closely tied to the progressively deteriorating aspect of one’s health.  When one’s health is at issue, “meaningfulness” of one’s work may come into question, precisely because one’s capacity to view employment as a means to another end itself becomes a struggle.

Filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, allows for one to reorient the priorities in life that should not be confused: Health, family, a sense of accomplishment, and somewhere in that mix, a career that may need to be changed, abandoned or otherwise modified because of one’s deteriorating health and the impact upon the meaningfulness of carrying on where to do so sacrifices one or more of the mixed priorities.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Owning a landline

It is perhaps the single telling factor of a generational divide; if you own a landline, it is likely you are not a millennial.  Or from the generation just before, or even the one before that.  You are probably from the generation sometime within the timeframe of “just after” the Korean War and around the end of the Vietnam War.  It is the remembrance of unreliable “bag” phones and cellular connections that barely became audible; but more than that, it is the evidence of who one is based upon the generational divide that naturally occurs between sets of population growths.

Can there be similarity of morals, ethics and behavioral patterns merely because one is born into a designated generation, as opposed to other such assignations of identifiable features?  Is it really true that one generation has a characteristic trait that is identifiable, recognizable and with imprints that define it with clarity of traits?  Are there “lazy” generations, “psychotic” ones and those that are mere sheep in a fold of followers?  Does owning a landline betray such a characteristic, anymore than being a hard worker, a person who always attends to one’s responsibilities and never turns away from obligations ensconced in the conscience of one’s being?

Yet, at some point, we all become adults, make decisions separate and apart from a “generational identifier”, and go on to become responsible for the pathways taken, the decisions undertaken and the consequences wrought.  Can it be so difficult to abandon a landline, to cancel it, to unplug it?  Or is it the imprint of a generation, so steeped in regularity and reliance that the youthful days of one’s generation cannot ever be completely severed and forgotten?

Owning a landline is like the Federal or Postal employee who comes from a generation where filing for Federal Disability Retirement benefits is almost unthinkable.  It is that characteristic trait that you have to continue working, striving, contributing and making it into work “no matter what”.

Yet, the silliness of such a thought process is about the same as paying for a landline despite the fact that you no longer use it, never rings and sits in a corner silently except for the occasional caller who happened to ring up the wrong number and got a hold of another occasional individual who, upon picking up the receiver, realizes that it feels somewhat strange not to be using one’s cellphone as opposed to this “thing” that you have to put back into the cradle of a time long forgotten.

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, the point always is not to allow for some silly notion of a generational identifier to keep the Federal or Postal employee from doing that which must be done for the sake of a higher calling: One’s Health.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Limbo Eruptions

Of certain politicians, it has become commonplace to expect such occurrences, but with a slight change in consonants in the first word.  As it stands, however, the word as left alone is a state of another kind; not of relational states of erotic ecstasy, but rather a border on the region of heaven or hell, where an intermediate state of oblivion exists in a transitional state of suspension.  To that extent, perhaps the two concepts are similar.

Such eruptions of inactivity and suspension are intangible and untenable; human beings, by nature, are vibrant beings constantly “on the move“, and wanting always to advance, progress and contribute to the aggregation of societal cauldron of accomplishments.  That is why, when a Federal employee or a U.S. Postal worker finds him or herself in a state of rancid and stale waters, where a medical condition paralyzes any progress and prevents the Federal or Postal employee from performing the requisite and essential elements of one’s Federal position, it is tantamount to experiencing a limbo eruption.

How long it lasts; to what extent it freezes; and when it will end; these are questions which only the paramour of time would know; and the bed which is being made is the price of warmth or cold one must endure if the Federal or Postal employee insists upon staying in that relationship.  For, like the “other” such similar-sounding concept, the limbo eruption can become a permanent feature of one’s transitional state, unless one files for Federal OPM Disability Retirement benefits under FERS, CSRS or CSRS Offset.

Federal Disability Retirement is not only an option, but a benefit one can fight for, if one meets all of the eligibility criteria as revealed in the Federal Disability Retirement laws governing the state of affairs.

Filing it may seem easy; obtaining it is not so easily accomplished; securing it for one’s future can sometimes be daunting.  But like the illicit eruptions which are sure to come for unnamed but otherwise well-known individuals, the limbo eruption of the Federal or Postal employee who suffers from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s Federal positional duties, must surely be overcome, lest the bed made is suddenly discovered by the jealous spouse who suspects more than a mere hug in the middle of the night.

Sincerely,

Robert R. McGill, Esquire

 

Federal and Postal Medical Retirement: Kaleidoscopic Clash

The watchful eye of the human animal is quite different from that of other species; for the human interaction and interpersonal encounters bring together the complexity of past histories and memories; of present foibles as uniquely colored by one’s past; and always of projected future concerns and anxieties.  It is this admixture of kaleidoscopic clashes, where the past, present and future become wrapped into a tightly knotted ball of human thought, that the peculiarities of human personalities intersect with the needs and wants of societal conflicts.

Dickens was a master at describing the eccentricities of humanity; today, one wonders whether such straying from convention and normative confinements are allowed; or perhaps they are hidden, with barely a hint beyond superficial discourse as revealed on social media, but where heinous crimes are better concealed and the universe of sociopaths are scattered within the dungeons of private basements and base minds.

Is it because of the repressive nature of a seemingly open society that subtle meanness and baseness of spirit prevails?  One can witness it pervasively in the workplace; and, indeed, the greater the need for laws and restrictions, the manifested cruelty will find corners of inconspicuous outlets, like ratholes gnawed in the baseboards of concealed crimes. The worst of humanity always seems to reveal itself when the best is required.

For Federal employees and U.S. Postal workers who are in need of sympathy, compassion, empathy and understanding, when a medical condition hits them at moments of mid-career and accommodations would potentially lengthen an otherwise promising future with the Federal agency or the U.S. Postal Service; it is then that Supervisors, Managers, coworkers and the entire bureaucratic apparatus of human baseness seems to erupt.

Federal and Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal or Postal employee from performing all of the essential elements of one’s position, becomes the brunt of human complexity.  Perhaps human compassion exists, but we are too busy to reveal it; or that misunderstandings occur, and the grounds for explanatory eloquence is wanting; but whatever the reasons, the protective shields of legal applications have failed to adequately provide assurances.

Fortunately, there is the option for Federal and Postal employees to seek an “out” by filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  How one presents one’s Federal Disability Retirement case as described and delineated on SF 3112A (Applicant’s Statement of Disability), and in any legal memorandum one files to accompany the justifying basis in law of eligibility for OPM Disability Retirement benefits, is all-important, and must be considered in light of collateral issues and parallel forums involving hostile work environments, EEO complaints, grievances filed, etc.

It is, indeed, this kaleidoscopic clash of separate entities of conflicting combinations, which must be sorted through in order to effectively present a persuasive Federal Disability Retirement application.  Within the complex context of intersecting personalities, where the past, present and future come together in a cauldron of human conflict, it is important to have the advice and consultative opinion of an objective perspective in the preparation, formulation and filing of a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire