Medical Annuity after a Disability in the Federal Workplace: Formulaic writings

It is both of predictability and boredom that we seek when enjoying such genres of form and content – of the “formula” in a who-dunit, or a love story that brings together two unlikely individuals in their awkwardness and geekiness, but somehow overcomes the considerable odds and obstacles placed in their way (and we don’t ask, in a 2-hours snippet, how can so much happen to two people when not even a smidgeon of such events were faced in our entire lifetimes?) and ending with an orchestral crescendo that brings tears that raises handkerchiefs throughout the audience, which we all quickly stuff into our back pockets with embarrassing quickness when the lights are turned on.

But that formulas could be applied to real life, and not just in presentations that appear slick, without error and marketed with such efficiency that we think it is just that the “other person” is naturally good at it, and we are not.  But that’s the point, isn’t it?  Formulaic writings, formulaic plays, formulaic movies, formulaic – lives?

Perhaps it exists in the fictional world of fairytales and corporate pathways where certain individuals – whether because of the family name, the tradition of old wealth, or those “connections” that the inner circle depends upon for their very survival – are groomed towards reaching the top in some predetermined formulaic manner.  But for the rest of us, our lives are more likened to the undisciplined ocean where storms come at unexpected and unpredictable moments; strong surges and wind currents destroy that which we have so carefully built; and our ship’s rudder suddenly fails to guide or lead us towards our intended destinations.

There is no formula.  We are left without a map, less a compass, and more and more without the guidance of our parents or grandparents because, they, too, have become as clueless as the rest of society.

And for Federal employees and U.S. Postal workers who suddenly find that a medical condition has interrupted their career goals, hope for the future and dreams of security – preparing 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, may become a necessity.

Then, when one researches and looks at SF 3112A, Applicant’s Statement of Disability, one realizes that the questions posed are the same posed to everyone who files – and so the information requested is based upon some “formulaic” approach from the agency’s side of things; but what about the individual Federal or Postal employee’s side of it?  Is there, also, a “formulaic” approach to winning a Federal Disability Retirement case?

Like everything else in life, it always seems as if the slick advantage that the large bureaucracy possesses is overwhelmingly in favor of going against the Federal or Postal employee.  However, there is, indeed, a “formulaic” response – and that is the “laws” that govern Federal Disability Retirement.

Life in general may not always have a winning formulaic approach, but in preparing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, it is best to at least garner the formulaic support of the laws that protect and preserve.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Representation: Trains of life

There are trains that come and go daily; others, with lengthy destinations, like the Trans-Siberian Express traveling from Moscow to Vladivostok or the Venice-Simplon Orient Express visiting Paris, Venice, Istanbul, and places in-between; and others merely for the monotony of going to work and coming home.

Those who engage the latter often find that vacations utilizing trains are boring and uninviting; yet, for others who struggle through the vehicular traffic jams by rush-hour standards prefer it because you neither have to man the controls nor keep your focus upon the roads to avoid those who are inattentive to the rules of the road.

Relaxation takes many forms, multiple definitions and countless contextual feeds; we are all different, as are the trains of life.  Where it is going; the ticket we purchase; whether we have boarded the “right” train; whether the mistake was made at the ticket office or our lack of identifying the proper one to take; and, if the wrong one, can we still enjoy the scenic view or do we become consumed by the direction we are being taken?

What if we boarded the wrong train, but it turns out that the direction it is taking us fulfills every hope and dream we ever desired – do we still get off at the next stop, or do we muster courage enough to remain still and enjoy the view?  What if we stepped onto the “right” train, but knowing that we don’t really want to go that way, realizing that it has always been a mistake and nevertheless do so with reluctance and dread – do we force ourselves to continue on the journey despite our unhappiness and angst of drudgery?

Or, take it a step further – what if we buy a ticket, board a train and realize that it is not the right one expected, but upon being asked by the ticket-taker mid-trip, the official – whether intentionally or by lack of observance – makes no comment, punches the proper hole and moves on; do we sit with gleeful quietude and just let the train take us where we did not intend but are happy to experience?

That is often how life works – of trains that we intend to board, sometimes mistakenly take, and otherwise inadvertently travel upon; and that is how a Federal or Postal employee suffering from a medical condition should view filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management. Sometimes, the ticket fails to match the trip; other times, while the intended destination corresponds perfectly, there is a “mishap” on the trip itself.

Perhaps the Federal or Postal employee never expected a medical condition; so be it, but plans for the ongoing train of life must nevertheless be made.  Preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, is the next step where a Federal career must end because the Federal or Postal employee can no longer perform all of the essential element of one’s Federal or Postal position.

For, as the trains of life may be many, choosing the right “ticket” while waiting to board is just as important as identifying the train that will take you to the intended destination.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: Of Karl Popper’s ‘World 3’

Karl Popper’s division of the world into three clean segments of definable universes was, on the one hand, quite controversial — especially as the esoteric world of philosophy had been steadily ‘progressing‘ towards pure materialism and scientism; and yet, on the other, self-evident to almost a simplistic, tautological fault.  Perhaps that is the very implication of profundity: it is that which appears so basic and elementary as to presuppose idiocy, but containing such inherent complexity as to remain beyond the reach of most.

In simple terms, the division of the world followed the classic lines of human history and linear development of evolutionary concordance: ‘World 1’ referred to the physical universe surrounding us; ‘World 2’, the purely psychological make-up of human beings, with a special concern to Popper concerning the internal pain and anguish which we feel; and of ‘World 3’ — that universe which is the subject of this short blog, the aggregate of human products and man’s creative injection into the world, comprised of art, literature, cars, buildings, customs and normative behavior, including dress, style, fashion, etc.

There is, of course, inevitable interaction and intersecting between the bifurcated ‘worlds’ — for example, a book of literature (say, Salinger’s The Catcher in the Rye) would be both an object existing in ‘World 1’ as well as a product of human creativity from ‘World 3’. But note the peculiarity of the overlap, which makes for a unique phenomenological observation: Say you had 2 copies of the book, but one which was published in January, 2015, and another with the stated date of July, 1951.  Consider further the added element that in the latter edition, a scribble appears, which happens to be the autograph of the author.

From the perspective of Popper’s ‘World 1’, both objects would appear to be essentially identical — with the former intact, and the latter somewhat damaged because of the graffiti defiling a clean page.  However, from the vantage point of the person who possesses and ‘owns’ (a concept which would clearly belong to Popper’s ‘World 3’, as well) the autographed object, a sudden recognition of value, wealth and uniqueness would immediately attach — leaving aside intersecting points with ‘World 2’ involving envy, jealousy, awe and disbelief (which would be shared by the undersigned writer).  Thus do the various and variegated ‘worlds’ of Karl Popper posit for our study, agreement/disagreement, and further reflection.

Such division and segmentation of worlds and universes are often proposed merely for esoteric and pedantic purposes; of ivory tower conceptual constructs which have little to do with the day-to-day lives of ordinary human beings who struggle to make a living, maneuver through the complexity of the world, and attempt to survive the manipulative machinations of a society governed by microcosms of powerful but unnamed sources of evil and collusion.  But there is a recognizable worth and value to some of us, for pointing out the existence and demarcation of artifice as opposed to the natural environment from whence we came.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, such a bifurcation of the universe into clean segments of definable compartments, is to recognize that the complexity of the administrative and bureaucratic process encapsulating the entirety and aggregation of the process cumulatively entitled, “Federal Disability Retirement under FERS, CSRS or CSRS Offset”, is ultimately a product of Popper’s ‘World 3’, and not merely a nightmare emanating from the deep recesses of our troubled psychosis self-contained in ‘World 2’, but of an intersection between the universe of madness created by our own desire to further separate ourselves from the simplicity of ‘World 1’, from whence we came.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Life as a Byproduct

When it happens, or how, is of insignificant notice; the incremental arrival, where past segments of time seemed to traverse epochs where memories captured mere millennia of lifetimes; and then, one day, you wake up and yawn, and your life has taken on an incidental, tertiary level of importance.  One has been living by negation for so long, any positive or affirmative step has become a ghost of not just a Christmas past, but of decades evaporated.

Can life long be lived as a mere byproduct, where time, space and the centrality of one’s essence is shoved aside, and separateness of identity is relegated to occasional hellos and furtive glances of suspicious canopies?   Can a life of negation — of avoiding pain, trying to merely survive the day, or of constantly worrying about the next adverse action which might be initiated against you — is that “living”, or merely life as a byproduct?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition (whether physical exclusively, psychiatric, or a cross-combination of both) prevents the Federal or Postal worker from being able to perform one or more of the essential elements of one’s positional duties, the daily grind of avoidance, fearful of the next stressor of the day, and the constant battle to get some recuperative period of rest and peace away from the turmoil of work and one’s constant fight against the medical condition, leaves the human soul depleted and defeated, to the extent that life is merely a secondary and incidental experience; the true and focused task is intertwined with fear, angst and dread for each day.  Is that really a way to live?

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, may not be the answer to all of life’s problems; but for that segment of society, the Federal Sector and the U.S. Postal Service employees — it is at least a small step and a beginning.

Life’s problems did not aggregate in a single day; and just as the ancient Chinese proverb admonished that a journey of a thousand miles begins with a single step, so the life of a Federal or Postal employee can return to the essence of being, as opposed to a mere byproduct, when once we take steps to attain a level of restorative peace and begin to fulfill promises made but broken in past moments of progressive deterioration, when health was once taken for granted but now considered the gift of blessings forgotten in previous baskets of happiness and joy, lost but never forever regretted.

Sincerely,

Robert R. McGill, Esquire

 

Resigning from Federal Employment and Filing for OPM Disability Retirement

Resignation is what the adversary wants; it is rarely an innate condition of the human animal.  Whether one believes in the evolutionary process of incremental genetic adaption, progression and determinism, or that the gods of traditional theology puts forth a teleological foundation, the concept of “giving up” possesses an inherent shrinking away, a repugnance and a natural inhibitor to an act which constitutes surrender and, in some corners of thought, betrayal to self.

But the will of human beings is what separates from the genus of that which we derive; and as monks can defy instinct and sit in burning bonfires of self-immolation, and sheer determination of will-power can overcome fear, the rush of adrenaline and the propulsion of compulsive irrationality through reasoned guidance, so there may be times when resignation carries with it a compelling basis which justifies the action.

For Federal employees and U.S. Postal workers who are contemplating 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, the issue of resignation is often at the forefront for multiple and varied reasons:  the agency often suggests it (which, in and of itself, should not be a basis for acting, as the self-interest of the Federal agency or the U.S. Postal service should not be the paramount concern during such a time of turmoil when a medical condition is impacting the Federal or Postal employee’s ability and capacity to perform the essential elements of one’s positional duties at the Federal agency or the U.S. Postal Service); where all Sick Leave, Annual Leave and FMLA rights have been exhausted, and the inability to maintain a regular work schedule has resulted in the initiation of disciplinary actions by the agency (here, the language contained in any such action proposed by the agency or the U.S. Postal Service may be of some use in a Federal Disability Retirement application); or where other pragmatic decisions may be contemplated, such as the ability to access one’s TSP in order to financially survive during the process of waiting for a decision on a pending Federal Disability Retirement application, as well as multiple other unnamed reasons too numerous to discuss within the confines of this limited forum.

Whatever the underlying reasons and rationale, there is often an instinctive reaction, a repugnance and resistance, in engaging an act which is tantamount to surrendering one’s career and “walking away”.  There may, in the end, be compelling reasons to perform such an act, and not all actions involving resignation constitute a reflection of a desperate need.  If reviewed calmly, and decided rationally after due consideration of all of the factors and elements involved, such an act of apparent self-destruction may in fact be the most prudent course of action which perpetuates the genetically-determined embracing of evolutionary survivability, or the voice of gods long whispering in the echoing reverberations of Dante’s concentric circles of ever-impending escape from the fires of hell.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Blemish upon Historical Pride

People often get sidetracked upon irrelevant or peripheral issues of little to no consequence.  In the greater order of things important, it is self pride which often inhibits, prevents or otherwise delays the advancement and progression of self-interest.  One often hears people boast about never having missed “a day of work” in twenty years, or of the longest streak in some sports about games played, or consecutive appearances; or, that one has never taken a vacation.

But what of the quality and content of one’s work?  And, more importantly, where is the proper balance within the tripartite interaction between self, community and work?  When there is such weighted disproportionality of emphasis upon one, the other two must by necessity suffer.  For, the engine which propels such boasting of historical intactness is not one of a drive for excellence, but to merely maintain an unblemished historical record.  But records of inconsequential issues are quickly forgotten, and rarely besought; and when the impact of such maintenance of irrelevancy is upon one’s health, the dire reverberations foretell of impending doom.

For Federal employees and U.S. Postal workers who strive on merely to avoid a blemish upon one’s historical pride, despite the manifestation and impact of a medical condition upon one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal positional duties, the issue to be confronted and overcome is the self-pride of one’s hubris, leading to a certainty of self-immolation and destructive behavior.  Wisdom is partly defined by one’s ability to perceive the changing of circumstances, and to adapt accordingly.  Fighting an irrelevant cause at the expense of one’s health and future security is the antonym of wisdom, and constitutes foolishness.

Consider preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset.  When health becomes the paramount perspective of questioning within the tripartite intersection of issues to consider, then wisdom must prevail; and avoidance and neglect of the evolutionary code of self-preservation is an indicator that smart living has been replaced by the irrational fear that a blemish upon one’s historical pride is a factor even being considered by the greater universe of implacable uncaring.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Upon the Altar of Work

They are structures where sacrifices or worship occur.  Not being mutually exclusive, the former can represent the act of the latter, and the latter can constitute the fulfillment of the former.  And while we, in modernity, think of ourselves as sophisticated and beyond the vestiges of former practices of superstition and unscientific religiosity, an objective view of our actions betray the ongoing reliance upon past residues of robotic constancies.

Of course we have to make a living; of course we have to support our families.  But at what cost, and to whom do we owe our allegiance?

For Federal employees and U.S. Postal workers who sacrifice themselves at the altar of work, when medical conditions begin to clearly impact, deteriorate, denigrate and destroy the body, mind and soul of the Federal and Postal worker, then it is time to consider preparing, formulating and 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.

As most Federal and Postal employees are under FERS, the minimum eligibility requirement is to have at least 18 months of Federal Service.  Once that threshold is met, then the question is one of having the proper support from one’s treating doctor, psychiatrist, Nurse Practitioner, etc.  The true test for a Federal Disability Retirement application will be in establishing the nexus between one’s medical condition and the positional duties of one’s official job, as reflected on SF 50 (Federal employees) or PS Form 50 (Postal employees).

Ultimately, when the altar of work becomes more than a means of support, and harkens back to the days of yore where sacrifice and worship intersected to pay tribute to the gods of the underworld, it is time to consider the alternatives available, and for Federal and Postal employees, that should always include the possibility of filing for Federal Disability Retirement benefits through OPM.

Sincerely,

Robert R. McGill, Esquire