Attorney Representation for OPM Disability Claims: The unknown world

It is that part of the universe that is often seen as the “far side of the moon”, where shadows befall and eyes never perceive, witnesses never survive and documents don’t exist.  Mount Everest was once that world; galaxies outside of our own, despite our best efforts to invent and create greater and stronger telescopes, or ones that float in the nothingness of outer space and send back digital images that are obscure and indistinguishable from inkblots accidently spilled upon a sheet of white paper, but somehow scientists can discern great discoveries by pointing to colors, hue, magnified analogs and complex algorithms that leave the rest of us scratching our heads and declaring, “You got all of that from this picture?”

There was life once on Mars and Jupiter since contained icicles that entrapped microbes billions of years ago, and just through a photograph of a fuzzy specter that the rest of us would have interpreted as Bugs Bunny leaning against a fencepost eating a carrot stick.  But of unknown worlds and the far side of the moon where shadows rest upon and hide the human toil of secrets and conspiracies, the truly mysterious one is the subjective mind of the person sitting next to you.  Yes, yes, it may not appear that way – perhaps each time you ask a question of that individual, he or she merely grunts and states in the same monotone of boredom and unexcitable drone, “Yep. What of it?”

And so when PBS or the National Geographic Society has some show about the complexity of the human brain, the neurons and the micro-conceptual foundations that make up the universe of human circuitry, dreams, images, thought-processes, Freudian and other “-ians” that delve into the human mind of the conscious, subconscious and unconscious and all spectrums in between, you turn, look at that same person and say, “Not.”  Or, that person one day does something completely out of the ordinary and during his lunch break takes out a book – say, Kant’s classic on the foundations of metaphysics, or some such esoteric material, and proceeds to mumble to himself, and you say, “Gee, didn’t know he was into that.”  But then you again try and engage him with, “So, what are you reading?”  And the familiar refrain comes back: “Yep. What of it?”  Beyond disappointments and non-engagements with universes parallel, mysterious and already predicted, there is still that “subjective” universe where pain remains, medical conditions are hidden and plans for the future are yet to be expressed.

That is the netherworld of the Federal or Postal employee who must contemplate preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  It is also the world of “cat-and-mouse” – of when to tell the Federal agency or Postal service of your intentions; how much to tell; when to submit the Disability Retirement packet so that it obtains the greatest advantage against the Federal agency or Postal Service; and all of the complexities in between.

Yes, there are still “unknown worlds” and universes; you just became too much a part of it to recognize the wonder of it all, because the guy next to you keeps burping and saying, “Yep. What of it?”

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Environment

There is pervasive talk about the importance of containing toxic waste dumps, keeping our air and water clean; of limiting the dumping of animal feces into our oceans, rivers, streams, etc.; and, indeed, there are agencies and departments created by State, Federal and Local governments devoted to enforcing laws designed to protect us and preserve the pristine condition of our “environment”.

But what of toxic environments of another sort?  What of the poison inserted through malicious intent?  Of the constant harassment and hostility used to intimidate, cower and attain submissive unraveling of defiance?  For those, there are designated courts, commissions and laws passed to protect, for purposes of prosecution and pursuit of money damages.  Of course, the results from either and both arenas of judicial relief are difficult to quantify; whether and to what extent pollutants were introduced into the environment, and by whom; or of what level of toxicity caused harm and damage to an individual; the qualitative measure of damages is always difficult to ascertain.

It is, ultimately, only from the personal perspective and experience that one can gauge the damaging results.  For the Federal employee and the U.S. Postal Worker who suffers from a medical condition, such that the medical condition begins to impact the capacity to perform one or more of the essential elements of one’s job, there is often a parallel track of pursuing Federal Disability Retirement benefits and concurrently to go after the individuals or organization that discriminated because of the disability acknowledged and recognized.  For the Federal or Postal employee who attempts to secure some semblance of “justice” in the process, the goal of the law has been misdiagnosed:  Justice is not the stated teleological motivation of statutory relief; rather, it is a means to appease.

But at what cost?  To what end?  By whose measure?

Filing for OPM Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, sets a specific goal:  cut one’s losses and move on in one’s life.  By filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the Federal and Postal employee is able to leave the toxic environment which may have even contributed to one’s medical condition or disability, or at the very least, exacerbated it; by fighting it, one must remain within the very environment which one is attempting to escape from.

Like Father Damien of Molokai who helped lepers live with dignity as a separate individual from without, but who later contracted the disease and died as “one of them” within, the Federal or Postal employee who files for Federal Disability Retirement benefits may want to consider the consequences of the dual track of environmental toxicity before taking on a behemoth of mythical proportions, as opposed to preparing, formulating and filing for Federal Disability Retirement in order to exit the poisoning atmosphere.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Mastery of Life

It is what we all strive for; as depicted in cult followings and media outlets, it is a state of representation attained through travels to the Himalayas, or after years of struggling in a Zen monastery (and engaging in Tai chi battles with inept masked ninjas) and gaining unexplainable enlightenment (why couldn’t the same happen in the living room of one’s own home?).  The truth is, the mastery of life is merely a mundane affair.

It is where one finds a rhythm within the daily obstacles of life, when recognition of distinguishing between a real “crisis” and an irritating problem is quickly resolved; and how bumbling through problems encountered in youth is replaced by smooth sailing with unruffled feathers in meeting obligations, confronting difficulties and engaging the monotony of daily living.

In the West, just when such a state of quietude is reached, society discards it all and favors youth over the aging, incompetence over experience, and slow but steady progress over fresh “new ideas” (which never are, but the discovery of which young people think they have been the first to encounter, as if the wheel on one’s car is an invention recently revealed).  This disregard and (ultimately) disrespect is magnified when a person is beset with a medical condition — precisely because being hit with a medical condition mirrors how treatment of the aged facilitates, but only at an exponentially quickened pace.

For Federal employees and U.S. Postal workers who suffer from a medical conditions, such that the medical condition begins to impact the performance of one or more of the essential elements of one’s positional duties within the Agency or the U.S. Postal Service, this phenomena becomes a daily occurrence.

For years, we accumulate and derive the experience of plenitude and glean through trial and error, attaining a state of wisdom aggregated within the confines of one’s skull, with a loci traveling from home to desk, then back home again.  When a medical condition impacts the Federal or Postal employee, one would think that a race would be on to preserve that body of knowledge, to contain it (as in futuristic movies) with aldehyde fixation in gentrified forms of cryonics in order to reserve unseen answers to unforeseen circumstances, all for the benefit of the “mission of the agency“.  But no — that is not what occurs.  Instead, for Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition impacts one or more of the essential elements of one’s job (but normally not all), the tired routine is of commonplace doldrums of ineptitude and incompetence:  “get the bum out”.

For the Federal or Postal employee who suffers from a medical condition, and further suffers the fool resulting from that medical condition, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, is often the best avenue away from the madness of disregard.  But, then, perhaps we all have it wrong; perhaps filing for Medical Retirement through OPM shows and reveals that “mastery of life” we all seek, like the Shaolin Monk of yore who sought enlightenment elsewhere, and attained it within.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Poverty of One’s Soul

The locus of one’s soul has been much debated throughout the history of Philosophy; Descartes, of course, took the incommodious step of actually identifying the central point, but left some “wiggle room” by declaring it merely as the “principal seat of the soul” (is there a secondary, back-seat area for the soul, as well?), but of course, the French can be excused for such seemingly drunken issuances of localities, when belief in supposedly impenetrable defenses can provide for a mirage of security.

The question itself is non-sensical, if one pauses for a moment of reflection.  For, as the soul is not part of the physical universe, to ascribe to it a point of defined location is to misunderstand the conceptual paradigm itself.  Rather, it is the state of the soul which is of greater relevance, and whether enlivened, invigorated, or impoverished.  What deadens the soul?  From Plato to Scruton, the argument can be made that music is an important component in the cultivation or demise of soulful activity.  Repetition of meaningless and monotonous actions, engaged like Camus’ Sisyphus, can also inflict harm; but even he, along with other French existentialists, found meaning in the absurd.

Medical conditions, obviously, can have a profound impact and effect upon the soul.  For Federal employees and U.S. Postal workers who find that a medical condition begins to prevent one from performing one or more of the essential elements of one’s positional duties, the relationship between “meaning” and “employment” can remain the single most significant obstacle to 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.

For, it is often fear of the future and the unknown elements which pervade the dark recesses of nightmares abounding in the subconscious of one’s mind, deep in the caverns of sleep, or interrupted, non-restorative slumber, where childhood visions of dancing daisies and carefree summers have long been replaced by the reality of adulthood, ogres and goblins as real today as when the child once watched with innocent eyes; it is from those vestiges that grown men weep and feel the tiny droplets of fear, and we call them “insecurities”.

Filing for Federal Disability Retirement benefits through OPM is indeed a large step into the unknown.  Poverty, let alone poverty of one’s soul, is a fear of real proportions in these uncertain economic times; but in the end, one’s health should be the priority of ultimate concern, precisely because health engenders the continuing viability of the soul, and for the Federal or Postal worker who fears for one’s future, to prepare, formulate and file an effective Federal Disability Retirement application is a positive step towards securing a safety net to further prevent the impoverishment of the soul, whether located in the pineal gland, or in the ethereal universe of a childhood summer long gone and lost in the innocence of daisies returned to the bosom of the earth.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement Law: The Balance of Information

Most administrative entanglements involve some measure of balancing.  How much information to provide; determination of that which constitutes satisfaction of the request; whether, and to what extent, the information is sufficient to complete the transaction; and other similar analytical evaluations prior to submitting the compendium of data.

For Federal employees and U.S. Postal workers struggling to complete a Federal Disability Retirement application, first through one’s agency (if still on the rolls and not separated for more than 31 days), and then directly to the U.S. Office of Personnel Management (unless one has been separated from Federal Service for more than 31 days, but not more than 1 year, as all Federal Disability Retirement applications must be submitted within 1 year of being separated from Federal Service), the key component and measure is the effectiveness of Standard Form 3112A — the Applicant’s Statement of Disability.

The act of balancing begins upon an initial review of the questions posed by SF 3112A.  While other forms require basic information concerning one’s personal data and the agency for whom the Federal or Postal employee works (e.g., SF 3107 series, including Schedules A, B & C), the SF 3112A is the linchpin of it all.  Care should be taken in answering the questions; reflection upon the character and extent of the data provided; editing and review of any final submission.  Too much, or too little.

The Goldilocks principle should always be applied, and when served in just the right amount, the true test of the balance of information has been finally met.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement: Seasonal Rhythms

We are completely disconnected from the imposition of nature’s imperatives; through artificial means, we extend the light of day in the name of productivity, and prevent and shut it out for the sake of lengthier restorative sleep; we defy slumber and seasons of cocoon-like hibernation with unnatural heat, and resist the middle of the day where scorching temperatures and required siestas in other countries are ignored and scoffed at.

The rhythmic beat of breathing and hearts, like the seasons of change or vicissitudes of weather, are mere obstacles to be overcome; and whether successful or not, we forge onward in any event, ignoring the cost of defiance and neglecting the reality that once, we were sons and daughters of a primordial world, part and parcel of the natural order, but like the two figurines who left and traveled east of eden, the past we abandoned behind became a burden quickly forgotten for the price of ransoming the ransacking of the world we rejected.  But the rhythm still remains, despite our best efforts to control and command.

For the Federal employee and the U.S. Postal worker who begins to suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s Federal or Postal position, the disruption from the artificially-created confines of the work environment is likened to the rejection and resulting turmoil from the natural rhythm of life.

In abandoning and becoming disconnected, we have created a different rhythm of living; and when that manufactured one is interrupted, where does one return to?  Medical conditions are often considered as mere irritants to our goals and teleological make-up; when, in fact, they are precursors and warnings foreboding nature’s tap on one’s shoulder.

Filing for Federal Disability Retirement benefits may appear to be another artificial means of escaping, sort of like leaving the proverbial frying pan into the fire; but once we left behind the mythological state of nature, and into the social contract of a burdensome bureaucracy, the necessity in engaging the administrative process itself becomes our inevitable fate.

Federal Disability Retirement, for the Federal and Postal worker, whether under FERS, CSRS or CSRS Offset, is a benefit accessible precisely for those whose rhythmic entourage has been interrupted by the self-immolation of a disease or injury; and as rhythms go, the beat of the drummer which leads one away from the discordant band which plays upon the deterioration of one’s body, should provide the pathway towards preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, in order to head west back to the garden of eden one left behind, once upon a time.

Sincerely,

Robert R. McGill, Esquire