Medical Retirement under FERS & CSRS: Persistence versus giving up

The latter should never be an option, although it is too often contemplated; and the former requires either a dull sense of reality or an in-born stubbornness that refuses to acknowledge defeat.  Both are often the result of the countermanding characteristic of the opponent who relies upon the fact that a certain percentage of the population either lacks the characteristic of persistence or otherwise will ultimately give up with nary an effort or will to fight on.

How many battles in history’s billfold of forgotten memories resulted in defeat because of a ruse portrayed by the enemy?  It is the bold pretension that tests the resolve and allows for victory or defeat; the knowledge that there will always be a certain number of people who, upon facing any resistance or adversity, will simply “give up” and surrender.  Thus is it left up to those who will persist no matter the challenge, where adversity and contention will be endured no matter the cost.

For Federal employees and U.S. Postal workers who enter the arena of a Federal Disability Retirement process, one should always expect and prepare each stage “as if” the battle at the next stage will ensue.  If a denial is issued by the U.S. Office of Personnel Management for a Federal Disability Retirement application, of course it is going to be written and conveyed “as if” the case never had a chance, “as if” none of the medical evidence had any relevance or significance, and “as if” you don’t even come near to meeting the criteria for eligibility for Federal Disability Retirement.

By sounding “as if” you never had a chance and failed miserably to meet any and all legal criteria for eligibility, OPM is banking on your lack of persistence and the concomitant reaction of simply giving up.

However, persistence is the key to success, and giving up is merely a prelude to a victory near at hand if only one steps back, takes a deep breath, and realizes that, from the very beginning, Federal Disability Retirement was never going to be an easy road to bear — but a consultation with an experienced attorney may well lift the burden of the beast where persistence is the key and not giving up is the pathway to a successful outcome at the next stage of the administrative process called “Federal Disability Retirement”.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: The Art of Expression

The title itself plays upon multiple meanings and combinations of words otherwise with connotations and implications intended within a panorama of conceptual constructs utilized in everyday discourse.

‘Art’ itself is an expression of sorts; “Expression’ is both a form of ‘Art’ and an actualization of it; and so to refer to the ‘Art of Expression’ is not merely somewhat of a redundancy, but further, a tricky combination of two entirely separable concepts, independent and yet expressing [sic] a specific duality of meanings.  Expression, whether of the verbal sort or, as in this instance, of the written variety, is indeed a form of art.  It is so by default.  Not being a discipline of precision; not anywhere near a science of any sort; not an academic major or even a subject that can ever be fully mastered; it is, nevertheless, an art form that thrives or places an indelible blemish upon the language of one’s upbringing.

Good writing, concise discourse, proper grammatical usage and persuasive argumentation in delineating a perspective and point of view continues and remains an art form that is lost in the daily plethora of linguistic garbage.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition requires the Federal or Postal employee, whether under FERS, CSRS or CSRS Offset, to ponder preparing an effective Federal Disability Retirement application, consideration must ultimately be given to the art of expression when formulating the answers to SF 3112A, Applicant’s Statement of Disability.

In preparing, formulating and putting the final edits and touches upon one’s Statement of Disability, the Art of Expression must be considered:  Does it adequately describe your medical conditions and the symptoms experienced?  Do the legal arguments persuade?  Does the medical documentation support the statements put forth?  Does the statement paint a picture of coherence within a universe of incoherence engendered by the medical condition itself?  Is the nexus sufficiently created between the medical condition and the positional duties?  Has one applied the principles of Henderson v. OPM, the Bruner Presumption, the Simpkins application, the Bracey Principles and multiple other legal underpinnings?

The Art of Expression is the capacity to pull together the vast compendium of expressive resources available, and the first step in reaching that goal is to consult with an attorney who specializes in preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Predictability

Is it all mere statistical probability?  Or, can there be a fair amount of certainty in the “science” of predictability?  Is the weather an event that can be predicted, and if so, do past failures enter into the equation; or, if not, why is it that the vicissitudes of nature cannot be so easily anticipated or foreseen?  How is it that we predict predictability?  Does it come about by numerical analysis, or by experience?

If you talk theoretically about the chances of a person being attacked by a shark if you go swimming in this or that ocean, doesn’t it depend upon a multitude of additional factors, as in: Where are you swimming (if in the arctic seas of the upper northern hemisphere, isn’t that a factor to consider as opposed to, say, off of the coast of Australia or in Florida?); the time of day; and perhaps certain peculiar behavioral features, as in splashing vigorously as opposed to swimming with slow, silent strokes, etc.?

Such factors might be important to consider.

Then, consider that, during the course of a conversation on such statistical relevance, a one-legged man (or woman) walks in upon the conversation and says, “Oh, yes, I lost my leg in a shark attack”.  Would that change the statistical analysis?  Wouldn’t the probability for that particular person be 100%, inasmuch as he/she experienced the event and is speaking post-actualization?

Do acts which enhance the probability of an event simultaneously diminish the chances of failure, or are they dissimilar acts that travel on a parallel but never-intersecting course?  Can all events subject to predictability base such anticipatory analysis upon a statistical study, or are some events able to be accurately foreseen based upon intuition, the supernatural or some other transcendent other-worldly criterion?

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 the Federal or Postal position, the likelihood of needing to prepare, formulate and file an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, increases with each passing day.

Medical conditions that remain for an extended period of time tend to not go away; instead, chronicity is an indicator in and of itself, and if a degenerative, progressively debilitating condition, the factors that need to be entertained concerning the predictability of future events yet to unfold can be accurately foreseen.  The key, then, is to enhance the statistical probabilities of surrounding factors, such as:  What are the key components necessary in meeting the criteria for Federal Disability Retirement?  Will hiring an attorney who specializes in the field of OPM Disability Retirement significantly enhance my chances of success?  What are the criteria for predictability of a positive outcome?

These and other questions should be asked and answered when seeking the advice and counsel of an attorney who specializes in Federal Disability Retirement Law, so that the murky field of predictability can be somewhat clarified with the wisdom of past experiences.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Benefits: Escaping reality

In some sense, everyone does it; in another, no one can.  For, in a general, generic meaning of the term, to “escape reality” is to merely engage in an activity that allows one to take a break from the ordinary and mundane, as in going to a movie, watching television, playing a video game or engaging a game of chess. In the same vein of meaning, however, one could argue that such leisurely pastimes constitute a reality no less real than working, dealing with life in other ways and attending to one’s daily duties and obligations – it is simply in a different “form”.

Daydreaming, getting lost in an imaginary world through reading a book, of even sleeping – these also constitute a form of “escaping reality”, if the term implies a narrow meaning manifesting the daily grind of work, family and surrounding obligations.  Going to school, surfing the internet or concocting plans for grandiose schemes – these, too, can be considered “escaping reality”, inasmuch as they do not put food on the table or pay bills; and thus do we face the reality that people possess different meanings when they make critical remarks that are triggered to demean an activity by making the charge that engaging in X is nothing more than an attempt to escape reality.

There are, of course, true escapes that are harmless, and those that, if entertained over too long a period of time, can become an entrenched harm that may be irreversible.  Taking a dream vacation to an isolated island deep in the Caribbean Isles can be a healthy escape from the daily reality of work and exhaustion; imagining a life different from one’s own, through a limited period of daydreaming, may be an acceptable form of transcending the turmoil of a day’s trial; but creating a world where one’s loved one, lost from the reality of this mortal world, is still present through one’s imagination and will of existence, may be considered a sickness when it begins to impede the ability and capacity to take care of one’s own needs.

There is a fine line between healthy escapes and detrimental plunges into the surreal world of the imagination.  How one takes upon the challenges of a medical condition is often a delicate teetering amidst the boundaries of health and unhealthiness.  We would all like to will away medical conditions, but the reality is that the real-ness of the injured, sick or otherwise deteriorating body, mind or both, cannot ultimately be avoided.

For Federal employees and U.S. Postal workers, the idea of preparing a Federal Disability Retirement application is often a step towards recognizing the reality that there is no curative power that will allow the Federal or Postal employee to continue to work in one’s chosen career, and that preparing an effective Federal Disability Retirement application, to be ultimately submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is merely a matter of inevitable time.

Delaying the process, procrastinating the preparatory steps, or avoiding the issue altogether – all are a form of escaping reality.  Whether such an escape is a healthy precursor to the reality which must be faced, only the Federal or Postal worker who is engaging such an escape can tell, as the reality of one’s future may rest upon the very escape afforded by filing a Federal Disability Retirement application through OPM.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: Contested lives

We hear of such terms in specific linguistic contexts; of a “contested” divorce, or that a variable version of a testimony or evidence has been “contested”; or that the results of a certain race or game has been contested.  If you drop the affix placed after the stem of the word (i.e., the suffix or the “ed”), and emphasize the first syllable, it becomes a noun; whereas, if you engage in the identical mental exercise but intone upon the second syllable, it becomes a verb.

As a noun, it is normally relegated to a challenging game, a sport or perhaps some duel; when applied with the second word in the title above, it takes on a wider meaning that encompasses an endless spectrum and, unless further delineated, undefined in a disturbing way.  If denoted in a general sense, as in the statement, “All lives are contested,” the generic meaning loses its force; for, it is a truism which is rather inane in that, yes, all lives have facets of contested issues, and in that sense, it becomes a “meaningless” statement of trope and triviality.

Yet, that truism is something which we all experience.  When one hears the complaint, “Life is a series of conflicts and is a contest of endurance,” we nod our heads and know exactly what that means.  We all recognize that our lives encompass a consistent effort to contest (emphasis on second syllable), and that the contest of life is to endure (emphasis on the first syllable); and we must persevere to contest it (again, emphasis on the second syllable).

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 truism that there are contested lives is a simple fact.  It is not just a matter of going to work – rather, it is going to work with a medical condition.  It is not just going to work and doing one’s job – it is, moreover, doing that and contending with a medical condition, as well as the growing harassment from coworkers, supervisors, and the Agency and Postal Service as a whole.

Preparing an effective Federal Disability Retirement application, to be ultimately submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is also a matter of a contested life – for the bureaucratic process with OPM is an embattlement of sorts, and it only reinforces that inane, trite and trivial aspect of the statement, “We all live contested lives.”

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Maintaining a schedule

We all abide by them, strive to meet them and toil to achieve them.  We claim that we control “it”, but in fact, it often becomes the monster which completely constrains and restrains, overpowers and undermines.

Maintaining a schedule in life is important.  Some, because of unknown past issues or current difficulties, cannot stand by and allow for a violation of it; others, with more daring personalities and flighty egos, defy it deliberately and result in floundering about without a purposive intent or constructive content.  Maintaining a schedule is often essential to the daily lives of all; for those who have certain learning disabilities, it allows for a structuring of a universe which would otherwise appear chaotic and undisciplined; for others, the very structure imposed restricts the inner creativity of brilliance, and we are left with the genius who follows no man’s path.

Babies and children do well with it; the creative genius who is always distracted by the brilliance within his or her own subjective world, often cannot abide by it; but the rest of us follow a fairly monotonous routine and stick close to it, if only by excuses given of being “five minutes late” or the sorry excuse that the bedside alarm clock failed to rouse us.

Then, there are companies and agencies that seem to fall apart at the seams, where overwork, underpaid staffers and unreliable workers seem to disrupt that most important of schedules – meeting deadlines.  Then, there is the incongruence between one’s personal schedule and the schedule of another entity, and when the two fail to agree or work in consonance, then frustration begins to develop.  The tumult of frustration is often based upon the chasm that occurs between what one expects and the reality which unfolds.  Closing that “gap” is the solution to one’s growing frustration in this world.

For Federal employees and U.S. Postal workers who need to, are about to, or have already filed a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the key to containing one’s frustration over the time-period that the U.S. Office of Personnel Management is taking, extending, violating and ignoring in performing their duties in approving or denying a Federal Disability Retirement application, is to recognize that their “schedule” is one of complete and utter power, and that the Federal or Postal Disability Retirement applicant is in a position of complete powerlessness; and, on top of that, to maintain a schedule apart from what OPM does, while one waits for an outcome that is hoped to be favorable.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Those spaces in between

Between each word; separating being from nothingness; that which allows for something is contingent upon the void that distinguishes, and without the lack there can be no substance.  Time doesn’t exist without space for movement of bodies of mass; such stillness echoes the lack of reverberating sounds, where waves bounce from one object to the next, and where Oneness of universe means that the clock no longer matters.  Of life, we imagine the same: there are interludes, but we tend to skip the pain and sorrow between the covers of hidden privacy.

Thus do we abide by the antiseptic, sterilized version of our scripted thoughts within ourselves:  birth; a relatively uneventful childhood; completion of educational goals; a career; retirement; and, despite a last gasp in attempting to defy the rules of mortality, death and a funeral projected where weeping and wailing echoes through the indignities of relatives uncaring during the days of living, with sweet revenge of the last laugh leaving behind the mystery of the beyond.

But what of those spaces in between?

Of chronic medical conditions; of pain beyond mere superficial groans; of hospitalizations, having tubes inserted into every imaginable orifice and pricked, prodded and pummeled with tests and artificial means for purposes of extending breath, heartbeat and pulse.

Only in recent times have we breached the decorum of unspoken sensitivities, and allowed for scenes in movies to reveal private functions behind bathroom doors beyond brushing one’s teeth or combing the hair over that bald spot – not that the audience necessarily needs to view such scenes, but somehow, such depictions apparently manifest the avant-garde in each of us and reveals the sophistication we all sought, like days of old when smoking cigarettes with those ridiculously long-looking holders was the trend to follow, merely because someone else did it, and we were told that such was the fashion of the day and represented the height of elegance in posture.

It is, at least in movies, those spaces in between that the characters presumably go to the bathroom, end up in the hospital and suffer in quiet agony; we just don’t see much, or any, of it, except in recent times.  And so we are filling those spaces in between; not merely with more punctuations, or hyphenations unnecessary but to bridge the gap between words and concepts, but in real life as well, by recognizing that life rarely follows a clean sequence of uninterrupted successions of advancement and teleological awareness, but often has detours, hiccups and sometimes valleys beyond which no one else would want to venture.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, those spaces in between are already known and recognized.  For, the medical condition itself constitutes the empty pauses between many of life’s successes, and the challenges faced in deciding to end a career otherwise fruitful and productive, to be now replaced with a fight against the U.S. Office of Personnel Management to force them to acknowledge eligibility and entitlement to Federal Disability Retirement benefits, is itself the “filling in” of those very spaces we all must face, in between.

Sincerely,

Robert R. McGill, Esquire