Medical Retirement for Federal Workers: Stronger/Weaker

It is a categorization at the most basic level — one that is seen daily in Nature and reflected in the human narrative of historical tides and tragedies.  The stronger dominate the weaker; the latter submits to the former, or flees in terror or dies while trying.

In modernity, the password that protects one’s technological contraption is determined for sufficiency based upon that most basic of identities: stronger or weaker.  The bully on the playground will scan the potentiality for complete dominance at the beginning of each school year, based upon the appearance of how one projects one’s self on the very first day.

Throughout the continuum of life’s encounters, no matter how much we may resist becoming pigeonholed into such simplistic bifurcations — whether of our physical stature; our creative energies; our proclivities and mannerisms, etc. — in the end, we all revert back to the foundational elements of our evolutionary ancestors and systematically deem this event or that capacity as either “stronger” or “weaker”.

We like to think that in our advanced state of civilization, such simplistic terms have become muted because of the heightened level of sophistication (i.e., thus the “revenge of the nerds”, where brain overcomes braun); but our true natures nevertheless tend to reveal themselves despite our best efforts to resist.  It is no different in the arena of “the law” than in all other categories.

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 issue of “stronger” versus “weaker” continues to dominate: One’s medical condition places one in the “weaker” position as against the Federal Agency or the Postal Service.

The Federal Agency or the Postal Facility may begin to assert its “stronger” position by a series of adverse actions initiated to establish a paper-trail leading to ultimate termination, including a “Performance Improvement Plan” (otherwise referred to by the acronym, “PIP”); and when the Federal or Postal employee takes the necessary steps in preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, it is important to try and gain the “stronger” advantage by enhancing, in every way possible, one’s Federal Disability Retirement application.

There are few “slam-dunk” cases when it comes to a Federal Disability Retirement application.  While the applicant may “believe” his or her case cannot possibly be denied — naturally, because the applicant who tries to prepare the case on his or her own is the same person who suffers from the medical condition upon which the Federal Employee Disability Retirement application is based, and so there is lost a sense of “objectivity” as to the strength or weakness of a case — most cases must be assessed on a scale of “Stronger/Weaker”, and such an assessment is based upon the multiplicity of factors analyzed, including: Does the available and current case-law support the application?  Does the medical documentation sufficiently meet the eligibility criteria under the law?  Will the Agency’s portion of the Federal Disability Retirement application undermine the Applicant’s portion, under the law?

In the end, the law itself determines the basis of a Federal Disability Retirement case in its most basic form of whether a case is “stronger” or “weaker”, and to determine that important aspect of assessing and evaluating a case, consultation with a specialist in Federal Disability Retirement Law is a “must” in this world where nature’s disposition towards the Stronger/Weaker bifurcation continues to dominate.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement under FERS & CSRS: Chess

Two quick observations about the game of Chess and those who play it:  Few are actually very good at it; and, like self-image and a false sense of confidence for many in the United States, too many who play it believe themselves to be very good at it.  Stefan Zweig wrote about the game brilliantly in his novella, the “Chess Story” (or otherwise translated or sometimes referred to as “The Royal Game”), and debunked the notion that the greatest of players are by implication, necessity and prerequisite of an intellectual character, either as brilliant mathematicians, logicians, musicians, philosophers, etc.

The “brilliant” chess player, Czentovic, is a moron at best, and a blithering idiot at worst — but boy, can he play chess and beat everyone and anyone.  To some extent, the reality of Bobby Fischer confirms the skepticism of Zweig as told in the Chess Story — of the idiot savant whose distorted singularity of brilliance being limited to the ability for adeptly maneuvering within 64 squares of white and black spaces and utilizing 16 pieces each in a game that requires foresight and some amount of insight.

That is not to say that one should minimize or diminish the attributes of a Grand Master and, indeed, many such people were “brilliant” in other ways, as well.  One cannot make generalizations and say that every good chess player is a blithering idiot; but nor can one assume that, because one is good or great at the game, ergo he or she must be an intellectual, philosopher, physicist, etc.  The downfall of most is in the notion that you are good because you think you are good; for everyone else, the tempering of reality normally comes about when one’s own notions come into contact with the reality of the world.

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, initiation and submission of an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may become a necessity.

Filing an OPM Disability Retirement application is somewhat akin to playing chess — from the crucial initial “move” of the pawn, to maneuvering your way through the landmines of a complex administrative and bureaucratic process, until the final stage of a “checkmate” that results in an approval from OPM.  But the game of chess is not merely the physical aspect of it, and encompasses a wide range of psychological characteristics — of fooling one’s self into greatness; of becoming overconfident; of underestimating one’s opponent.

Similarly, filing a Federal Disability Retirement application with OPM is not just the “physical aspects” of filing — it must encapsulate proper legal citations; persuasive argumentation; careful gathering of information, evidence and documents, etc.  And like the fool who believes himself to be a great chess champion, one should always remember that being the “best” at something doesn’t just involve thinking that it is so, but should include consultation with an expert to objectively determine it to be so.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Law: Greener pastures

We all engage that game of the “other” side of things, don’t we?  Greener pastures; the pristine lawn on the other side; the “why-is-it-that” game, as in, Why is it that the ‘other guy’ has a better life than I?  Is it merely because of the age-old problem that Plato pointed out – that appearances are deceptive?

The problem is that one will never truly know the circumstances of another unless one has an “insider” perspective on the matter.  The neighborhood that you drive through that always seems like a friendly conglomerate of families laughing, having picnics together, presenting with a coherence not known in your own neighborhood; or the “perfect family” that seems to always get along and shows such support and love for one another; do these entities of inviolable perfection really exist?  Likely, not.

That is why an interview with an “insider” always turns one’s ear and contains revelations of salacious details of internal discord, concealed disharmony and bitterness untold.  Thus do the halls of the Vatican scream with priests who committed unforgivably abusive acts towards children – yet, to the “outsider” for all of those years, the men in flowing robes appeared upstanding and caring; and what about the actor and actress with the perfect marriage – how many times have they appeared since on the cover of multiple tabloids once the crack of separation and divorce occurred?  But for the publicist who wanted to control the exposure, no one would be the wiser.

Greener pastures are always attractive nuisances; they attract precisely because they do not reflect the reality of one’s own situation, and they are nuisances because we know inside that it cannot possibly be real, but the appearance of perfection is oh-so salivating by invitation of concealment.

For Federal or Postal workers who suffer from a medical condition, such that the medical condition necessitates the filing of 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, the greener pasture may be a Federal Disability Retirement benefit.  However, before one goes down that road, the Federal or Postal employee contemplating such a move should get an “insider” perspective on the matter, and this is done by simply getting the facts.

Obtaining a Federal Disability Retirement annuity may not be the answer to every problem, but it can certainly resolve some of them.  The Federal Disability Retirement annuity itself will be a pay cut of sorts, but the focus upon one’s medical condition and its treatment, as opposed to continuing on in the turmoil of a hostile work environment, may be green enough to consider those “greener pastures”.

Whatever the appearance, it is obtaining the facts that is most important, and consulting with an experienced Federal Disability Retirement attorney is the first important step in getting an “insider’s viewpoint” on the matter.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Evaluative Adaptability

Life is often like a boat without oars, let alone a motor which functions; and as the waves rock the water transport, one maintains balance, sanity and survival by attempting to prepare for the whitecaps and hoping for a further delay of a storm, and never a tsunami.  But those changes inevitably come, and attack in onslaughts of exponential fury.  One attempts to adapt, to remain like the chameleon who must survive by an unwanted metamorphosis, in order to maintain the delicate balance of nature as described by the brutality of Darwin’s world.

Man presumably has the advantage of possessing the dual modalities of penultimate capacity for survival:  the cognitive and the physical.  Of the latter, the human animal is neither a lion nor a cheetah; and of the former, self-doubt, confusion and intellectual arrogance often muddles the clarity of purpose shown by other carnivores.  But it is the combination of both — of the evaluative adaptability acquired through intake and filtering of information, analysis of factual and predictable processing, and shifting positions based upon real-time data reflected upon through a compendium of intellectual acuity honed and perfected by experience.

That is precisely why bureaucracies are often potholes of frustration; as systematized repetition dulls the soul, so the imposition of irrational decisions heightens the angst of man’s inner being.  For Federal employees and U.S. Postal workers who suddenly find that a medical condition may cut short one’s career with the Federal agency or the U.S. Postal Service, it is with that duality of advantageous survival mode that one must approach both the Federal agency (and the U.S. Postal Service), as well as the U.S. Office of Personnel Management.

Certainly, physical endurance is limited often by the medical condition and the deterioration of stamina and energy; but the evaluative adaptability and the capacity to change course should never be underestimated.

Medical conditions need not deter the direction of the boat; most medical conditions are mere whitecaps which rock like irritants on a summer evening where gnats and mosquitoes ravage the unprotected surface; but unlike hurricanes and tsunamis which overwhelm and destroy, the fact that one’s steering mechanism or the ability to propel oneself forward may be damaged, should never extinguish the Federal or Postal employee from recognizing that one’s evaluative adaptability is the key towards moving positively into the future and affirmatively taking steps to secure a brighter tomorrow, by beginning the process of preparing, formulating and filing for Federal Disability Retirement benefits through OPM.

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 Other Side of Work

The entanglement of work with value and worth is an inescapable aggregate of custom, upbringing, time spent, and the egoism of leaving some indelible mark upon an otherwise implacable universe.  Where work resulted in income, and income the cumulative wealth of a lifetime, the driving force behind it never mandated the fury of necessity.  Of course work has always been tied to livelihood; that is a given.  But when the doors for credit, mortgages exponentially exceeding an imbalance beyond capacity to repay, and the idea became accepted that luxury need not be left for tomorrow, the slavery of bonding work to worth became an unworthy concept.

Then, when a medical condition begins to impact one’s ability to perform all of the essential elements of one’s job, the fear and trembling for future needs begins to encroach.  For Federal employees and U.S. Postal workers who find that a medical condition is having an effect upon one’s performance of work, the reality of potential alternatives must be faced, and quite quickly, lest the other side of work, like this side of paradise, leaves one with neither work nor income, but a bleak future without either.

Filing for OPM Disability Retirement benefits, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, will take time to develop, submit, and wait upon in order to receive a decision from the U.S. Office of Personnel Management.  It is a complex bureaucratic process with multiple administrative facets.  The reality of needing to file, however, should never be confused with the bundled confusion one has concerning worth, work, and the value of one’s contribution to society.  It is the medical condition itself, and attending to the symptoms and effects of that which one never expected, asked for, nor desired, that must be focused upon .

Some things in life are, indeed, worth of greater value than work, and the value placed upon the other side of work will determine the course of one’s future, whether of joy and love, or of further puzzlement beyond the imprint of time spent without one’s family.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: That Spare Tire

We rarely think about it; and it is somewhere “back there”, in the event of, in case, if it happens, as a contingency, as an insurance policy, for the rare occasion of a potential mishap.  But with the modern ingenuity of reinforced rubber with a manufacturing process of innerliner calendering, one rarely even sees a car on the side of the road with a lone figure attempting to locate the spare tire, with the car unevenly perched upon a device secured in a dimensionally precarious manner, to change that flat tire.

But it does happen, and even with all of the advances in technology which resists direct punctures and roadside hazards pounding away at the four (or more) elements which keep the vehicle running, the flat tire and the need for a spare requires the safety net to ensure that secure sense of a peaceful mind.

Like life insurance, fire and catastrophic umbrella policies, the spare tire will always remain, no matter any future inventions or guarantees of outdated necessity.  For Federal employees and U.S. Postal workers who are part of FERS, CSRS or CSRS Offset, Federal Disability Retirement is precisely that spare tire which provides a semblance of security if and when the need arises.

Most Federal and Postal employees continue their careers to the end, until the time of retirement, or a transference of talents and abilities to the private sector for more lucrative venues; but for that small percentage of Federal or Postal employees who find that, during the course of one’s career, a medical condition has interrupted one’s goals and prevents one from performing one or more of the essential elements of one’s positional duties, then preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is a necessary contingency to trigger.

Suddenly, the benefit looms larger than ever, is more important than previously recognized, and becomes lauded as the lifesaver of the moment.  That is precisely what we do with the spare tire — we do not even think about it, nor are aware of its precise whereabouts (except that it is under the vehicle, in the trunk, or somewhere “back there”), but travel about with the peace of mind that, in the rare hypothetical event of “if”, it is there to be accessed, so that once the change is made, we are again well on our way down the road of life.

Sincerely,

Robert R. McGill, Esquire