FERS & CSRS Disability Retirement: The New Year

Perhaps it is not merely an arbitrary demarcation, after all.  It is around the time when the winter solstice reaches its pinnacle, and the days become lengthier, the nights shorter.  The year following – the “new” year – begins its ascendancy, leaving behind the frigid desolation yet to endure.

And the excesses of behavior – of drinking, celebration and abandonment of all societal decorum and convention?  It is a way of expiating the pent-up constraints of self-discipline and customary resolve; a way to release the energy of social boundaries for a few hours, a fortnight, and a morning after without regret or remorse.

It is often said that, in psychology and therapeutic intervention, the “aha” moment of gestalt realization is less important than the long and enduring struggles which must be faced immediately thereafter.  We often put too much emphasis and relevance upon that proverbial encounter on the road to Damascus, when in fact it is the long and arduous path that follows which will determine the success or failure of one’s life.

Marking a moment in time as the “cut-off” point of a new beginning may be convenience for multi-variegated purposes; in the world of objective reality, however, the artificial lines will only serve us so far.

This new year will bring out contradictory perspectives; some, as often as not, will predict doom and the soothsayer’s gloom; others, in herds of blind followings, will enter the dawn with hopes unvanquished and dreams yet to be realized.  The rest of us, as always, will have to plod along and live our lives.

For Federal employees and U.S. Postal workers who must contend with 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 job, the artificial demarcation of “before” and “after”, and the insertion of the increase in the last digit from a 6 to a 7, will be marking an unnoticed blip in time.  That’s the thing about medical conditions; they cross cultures, time and even years.

When the medical condition becomes magnified to a point in 2017 where essential elements of the Federal or Postal job one is working in becomes impeded or otherwise unable to be performed, then the significance of the contrast as against the previous year becomes unmistakable, and the Federal or Postal employee may want to consider 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.

In the end, the “New” year is likely like the old one, and the one before that; only, our bodies deteriorate over time, and the uncaring behemoth of the federal agencies and the U.S. Postal Service may only become exponentially worsened.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement: The speechless silence of treachery

Treachery must by definition remain speechless; and it is in the silence of back stabbing in the cloak of darkness that one’s malevolent intentions become known.  In war, the act of such duplicitous betrayal is termed as an offense justifying execution; in business, the meter of rascality on a pendulum of public opinion ranges on a spectrum of embezzlement, insider trading or a keen sense of capitalistic endurance; and in friendship, it is merely the weeping vicissitudes of emotional upheavals.  It is the faithless double-cross of dual lives; of informants tipping the scale to the advantage of one’s sworn enemy and allowing for massacre of innocents to occur.

Where does conscience fit in, and where do scoundrels scurry to when the open light of day shines the revelation of actions deceitful like the snake in the grass and the insidious cannibalism of overturning honor, dignity and a snow-white heart of an eternally blackened soul?

To turn one’s back against friendships previously thought to remain inviolable and eternally of faithful concerns; to whisper secrets into corners blocked by history, hatred and enmity of ethnic cleansing; but to engage in such treachery requires a context of fidelity and honor without vice, where a society’s norms and conventions of acceptable behavior provide the fodder for allegations of misconduct; the question is, Do we have such constraining rules of engagement, anymore, to argue for a viable charge of treachery?  Or, has language subsumed all, and opinions are elevated to the level of moral equivalency, such that the speechless silence of treachery means nothing more than the din of cackling laughter reverberated down the hollow corridors of timeless dissent?

Rare is the person in modernity who holds to obligation more than to personal desire and self-satisfaction; and if profit for one’s own constitutes the sum total of a moral foundation, why not treachery?  But then, Why in speechless silence?  Or, is there something innately refutable, instinctively discernible, in an act of malevolent double-crossing, such that even by acts of Wittgensteinian language games where contingency of meaning of verbs and adjectives still rise above the linguistic gymnastics of twisted minds?

There are dangers in lives of duplicitous bifurcations; beyond the spy who comes in from the cold, for Federal employees and U.S. Postal workers who begin the process of 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, the question often queried is:  When, and to Whom, does one confide?  The natural follow-on question is:  Of What, and to which extent?

It is peculiar how the administrative process of Federal Disability Retirement brings out into the open light the verbal distinction between “friends” and “true friends”; or, “allies” and the counterpart, “real allies”.  There are few rules to follow when considering the dangers inherent in the speechless silence of treachery, and preparing, formulating and filing for OPM Disability Retirement benefits almost always reveals that traitorous acts are not limited to the fields of war, and silence left speechless should never result from surprise attacks engaged from corridors left unsuspected by innocent utterances.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirements: The predetermined, “Let’s discuss it”

You can often tell from the eyes and the mannerism whether the opening prelude is meaningful, or predetermined to merely manipulate to an intended end.  The opening interlude which allows for the conduit of engagement:  “Let’s discuss it”; does it next encapsulate an ear which listens, or pauses which allow for conveyance of communication – or merely a diatribe of invective meant to dissuade and demean?

It is a rare character, indeed, that states and means in a coalescence of sincerity; instead, the danger signs should be evident at the outset:  The end has already been predetermined; your words are merely allowed to provide a setting of appearance, or to give you the rope in order to coil it and hang yourself.

Beware of the wolf in sheep’s clothing (or does that metaphor even apply, today?); there is rarely a cast of shadows without the darkness elongated, and it is indeed a rarity to find sincerity in an insincere world.  Discussion requires a prefatory contingency of openness to logical argumentation (or even emotional appeal), persuasion, dissuasive comportments, and a sense of listening.

Is there a fine line between that, and a preset paradigm of an already-established course?  Take the following hypothetical:  Some figure of authority – the “boss”, or a manager, supervisor, etc. – grants a forum for a “discussion” of the “issue” (whatever they may be), but during such an exchange it becomes readily apparent that the counterpart shows no signs of actual interest – the fidgeting, the proverbial “looking at the watch”, the furtive eyes, the yawn; all together, showing a complete disinterestedness in the process.

But something during the discussion sparks, and an unintended consequence (to paraphrase the well-worn American Lore from Adam Smith and the economic entrails of systematic chaos) suddenly rears its beautiful head; eyes sparkle; the head and chin tilt slightly back, and intelligence (which heretofore was merely a dark abyss of eternal vacuity) gleams in the eyes of the “boss”; “Now, that is an interesting proposal…” comes the refrain.

In such a scenario, was the fact that predetermination of outcome altered during the course of the foray, changed the entire episode into one which embraced a sincerity of motives?  Or, is it merely that the counterpart changed his or her mind, and “openness” to such an exchange was a farcical prelude to an otherwise meaningless exchange?  Does the mere fact of allowing for a discussion – an opportunity to voice one’s concerns or to “vent” through a diatribe of invectives – establish a sincerity of allowances, even if the original intent was otherwise left unstated?

Which brings us to the point of this exchange – for, in a 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, the thing that many Federal and Postal employees fail to realize, is that there is contained within the bureaucratic system of the administrative process, a procedure which essential does constitute a “Let’s discuss it” trigger.

For, that is precisely why there are multiple stages of the administrative process – of the “Initial Stage” in filing a FERS or CSRS Disability Retirement application; then, if rejected and denied at the First Stage, a second “opportunity” of a “Let’s discuss it”, represented by a “Reconsideration Stage”, where additional medical documentation and legal argumentation can be empowered; and, then again, a “Third Stage”, where the Federal or Postal employee may disagree with OPM’s determination, and file an appeal to the U.S. Merit Systems Protection Board.  Additionally, there is even a Fourth Stage – of a Petition to a panel of MSPB Judges for a legal review of the process.

Such an Administrative Procedure reveals and establishes an aversion to what most people experience, in that there is a process of listening, appealing and persuading in a Federal Disability Retirement application – something which is rarely found in the world at large, where the refrain, “Let’s discuss it”, is normally anything more than a prelude to a predetermined course of action.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Life as a frown

Is most of life a frown, with a few smiles which make it all worthwhile?  Or is it perceived as its opposite – of predominantly smiles, with some frowns interspersed throughout?  Is that like the test-question for psychological health, of whether the glass is seen as half empty, or half filled?  Does the answer to the question depend upon the mood of the moment, the ethereal pattern of the day, or the fabric of that which is woven into our DNA by a matrix of unassailable conventions?  There is, to be sure, a weight of paradigms and an interwoven context which cumulatively aggregates into a “personality” of who one is; but can a Rorschach test unravel the depths of a psyche, or does it determine the course of one’s future actions because of the embedded nature of an anguished soul?

One wonders, ultimately, whether language is the conduit of the perception we possess, and that is why the Hindu guru or the Zen monk admonishes to seek silence, and to quell the obstacle of words and voices.  For, does an animal engage in unspeakable atrocities?  Of self-harm or self-immolation, or worse, of mass executions?  Is it not because of the conveyance of language, in communicating thoughts created and linguistic strings of previously-unimagined evils, that we reach the pinnacle of banality (to borrow a phrase from the Philosopher, Hannah Arendt)?  Would a man of such mediocrity as Eichmann have concocted the horrors of mass extermination, but for felicities directed by a conspiracy of greater evils?

Life as a frown; it is to approach the world with a certain perspective.  Life as a smile; it is to reproach the universe for being too downtrodden.  Is there a difference, or merely a play upon words where the distinction is lost once we wipe away the blur from our morning eyes and begin to engage in the work of the day?

Leisure is needed for the miscreant to employ the folly of a wasted day.  Time was that we all had to survive by physical toil, and worry involved how to eat in order to survive.  That is what consumes all of the rest of the Animal Kingdom; to survive, one must eat; to eat, one must toil; and the rest and residue leaves one too exhausted to consider, but for the technology of leisure where thoughts may invade and pervade, in order to create malevolent constructs of linguistic artifices.

For the Federal or Postal employee who suffers from a medical condition, such that the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal positional duties, the “approach of life” is an easy matter to conceive of:  the medical condition itself has made the determination for you.  Life becomes a frown, with nary a smile to intercede, when the work of each day is beset with anguish, pain and sorrow.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, actually has a constructive goal and purpose:  To alter the course of a future yet undetermined, and make life as a basket of smiles, to the extent possible in this universe of frowns.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Necessary steps to take in an unserious age

Adding the prefix implies that, beyond altering the root word, its conceptual opposite existed in a time prior to modernity and the present discourse of silliness.  The addition denotes a moment of opposition, where lack of substance occurred and the negation of irrelevance prevailed; and now we are left with a word which connotes a denial of that for which we yearn.

Every age has its follies; some epochs of upheavals are mere potholes in the history of revolutions and uneventful hiccups barely mentioned in those thick books which purportedly analyze decades, centuries and civilizations risen and fallen; and we must always look askance at grand designs and declarations which claim to have captured the essence of any given era.  But there is little doubt, and any shadows casting beyond the twilight of our own laughter and self-deprecating humor will only confirm the boundless limitations of such a statement of self-denial:  this is an unserious age.  There.  It has been stated.

Unequivocally, and with aplomb of non-judgmental claim to authority; how one would attempt to deny the truth of the matter, when the majority of the population spends eternal and endless time staring vacuously at a flat screen of fluorescent lighting, viewing, reviewing and re-reviewing videos of virtual reality unconnected to the objective world surrounding; where the reality of daily living has been subsumed by the politics of cult following and personalities designed more for advertising than for leadership; and so it goes.

There are, however, realities in such silliness that must still be faced, whether voluntarily or through force of encounter unavoidably demanded by the collision of life itself.  Medical conditions tend to do that to us — they demand our attention, and refuse to compromise our efforts at avoidance.

For Federal employees and U.S. Postal workers who find that a medical condition impacts his or her ability and capacity to perform all of the essential elements of the Federal position or U.S. Postal job, the next steps necessary in order to prepare an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, must be taken with a deliberative purpose in order to attain that level of plateau in life, where attending to the medical condition itself becomes prioritized.

In an unserious age, it is easy to get distracted and sidetracked, when the world around doesn’t take as weighty the cries for help or the means to achieve.  In a world of relative worth, where everyone has been arguing for decades that everything is “equal” and that “fairness” is defined by everyone looking, being and acting the same as everyone else, it is difficult to shake out of the deep stupor that society has wrought; but when the reality of circumstances hits us, as a medical condition surely does and will, it is time to shed one’s self from the prefix of “un”, and seriously consider the proper and effective preparation of a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, forthwith and with efficient pinpointing of accuracy.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Extreme Fatigue

The phrase itself can denote at least two connotations of conceptual paradigms, depending upon which word the emphasis is placed upon:  of an overwhelming sense of exhaustion that is experientially devastating to an exponential degree or, that one is so depleted and tired from the constant state of the extreme.

To experience extreme fatigue is to have a medical condition; to be tired of the constancy of crisis after crisis, is to live an existence which cannot be sustained forever.  Both states can be experienced simultaneously, especially when a medical condition occurs, because the debilitating effects of the disability begins to take its toll upon the individual’s mind, body and soul, and further, because outside reactionary influences tend to make an imbalance upon one’s perspective.

For the Federal employee and the U.S. Postal worker who is experiencing both forms of the phrase, it is probably time to consider filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

When an overwhelming sense of exhaustion and tiredness beyond mere overexertion begins to overtake, it is an indicator that the medical condition is taking its toll.  When the daily circumstances of one’s life tend to be interpreted as a constancy of extremes, like the proverbial “boy who cried wolf” once too often, and the daily events become skewed to such an extent that one becomes overwhelmed by the persistence of events, and where the extraordinary becomes the daily norm, then it is also a sign of portending causes to recognize.

Filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management is not an option of the extreme, although it may be one of the few and limited alternatives left for the Federal or Postal worker who has been struggling to maintain a linear level of normalcy for years on end.

Rather, it is a recognition of human frailty, and the limits of endurance, and ultimately a choice of reflective wisdom in recognizing when the extreme of life’s circumstances begin to take its toll, the resulting impact is often the mental, emotional and physical exhaustion beyond mere tiredness, and where the signs become clear that time is not on the side of health, but where health must accept the timeless constancy of changing extremes.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability under FERS, CSRS or CSRS Offset: To Lose a Kite

It is that loss of innocence; of a childhood cut and let go, a bifurcation of sorts, where the fluttering tail fades into the misty distance of time past, eternity unfulfilled, and the present moment shattered by a loss not valued by economic standards, but by the negation of that which was, will never be again, and won’t be coming back. The loss of anything is valued by the attachment of human passion, the trembling fear of future consequences known and yet to be determined, and the expectation of a hope left as a residue of hard work and toil.

Do we remember that loss of a kite, at a critical moment in time when the champion of winds clapped and cheered as we controlled the destiny of an artifice so flimsy in manufactured quality and yet defying the aerodynamic laws of the greater universe?  Neither the Law of Newtonian physics nor the quantum theories compromising Einstein’s theoretical constructs could defy the persistence of levitational determination, coupled with a coil of thread in the stubby little hands of a child, with but a tug and a pull; and then, suddenly, it was gone.

Is not the future of an adult like that fleeting moment? What a qualitative difference a day may make; when once free of pain, then to experience the excruciating agony of debilitating onset; or where rationality and promise set the course for future happiness, only to be overwhelmed by fear, anxiety, depression and panic attacks. Life is tough; but when a medical condition intervenes and tears apart the very fabric of living, that compromised life becomes almost an unbearable mesh of a twisted cathartic of impenetrable jungles of psychological, physical and emotional turmoils. For many, there is no escape, and that snap of a thin reed which left the child’s hand empty of promise, is all that remains.

For Federal employees and U.S. Postal workers who have the minimum years of service under FERS, CSRS or CSRS Offset, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is often the best — if not the only — recourse out of a madness undeterred. Federal Disability Retirement is a benefit accorded to all Federal and Postal employees as part of one’s compensation package, and allows a person to stop working, receive what amounts to a lifetime annuity, while accruing more years in building towards a final retirement converted from disability retirement to regular retirement at age 62; and all the while, to live upon that rehabilitative plateau in order to attend to one’s health and well-being.

For, when a Federal or Postal worker is no longer able to perform one or more of the essential elements of one’s job, the choices become stark and limited: To continue in pain and agony; to walk away with nothing to show for one’s efforts and toil; or to file for Federal Disability benefits.

It is like the child who once felt the pleasure of life through the flight of a kite, only to experience the tenuous reed of promise when the snap of the thread leaves the twirling object uncontrolled and uncontrollable, left to the nuances of turmoil and trauma; but to move on is to forge a different path, with the echoes of regret howling in the memories of our childhood consciousness, never to be regained but for a semblance of fated warmth.

Sincerely,

Robert R. McGill, Esquire

 

Federal and Postal Worker Medical Retirement: The Unnavigable Epistemological Gap

The phrase itself is borrowed from Roger Scruton, who is perhaps one of the most influential philosopher of recent times.   To be “influential” is perhaps problematic, for if the general public denies knowledge of an individual, to what degree can influence be determined?   Public figures — known entertainers, authors of general fiction, news anchors and talk show hosts — are considered societal giants whose comments on culture, trends, values and norms demand attention and guru-like following.  But philosophers tend to be relegated to academic ivory towers of irrelevance.

From biodynamic farming to a proper appreciation of fine wines; from complex fiction to esoteric writings questioning cognitive dualism; Scruton covers the expanse of categories of thoughtful exchanges relevant to an era which denies significance to subjects, anymore.  The only thing that matters today is the individual and the fame of singularity.  And so it goes.  The concept of an unnavigable epistemological gap implies a barrier to knowledge and a chasm between what something is, and what can be known about it.  Or, in another sense, a privacy of concerns which cannot be verified in a strictly “objective” manner.

Medical conditions have a tendency to fall into such a category.  While MRIs, X-rays, and to a large extent, consistent clinical examinations over a long period of time may establish an objective medical basis for certain medical conditions, the problem still abounds as to how to convey, delineate and effectively narrate one’s statement of medical disability and the impact upon one’s Federal or Postal position in preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

As an OPM Disability Attorney who exclusively handles Federal Employee Disability Retirement claims for all civilian Federal and Postal workers, the concern is always in taking the medical condition as described by a doctor’s report, treatment notes, etc., then to interpret and fashion a narrative which effectively establishes the nexus, or bridge, between the medical condition and the positional duties of the Federal or Postal employee.

For the disabled Federal or injured Postal employee who tries such an endeavor without any prior experience, it is indeed one of an “unnavigable epistemological gap”, in that — not only must the proper bridge be created between one’s positional duties and the medical conditions described but, moreover — it must be presented to the U.S. Office of Personnel Management in such a way that persuasion and force will carry the day in order to attain the goal of efficacy:  an approval of an OPM Disability Retirement application for the Federal or Postal employee who can no longer perform all of the essential elements of one’s Federal or Postal positional duties.

Such an endeavor, indeed, is one which constitutes an unnavigable epistemological gap.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Early Decisions, Later Consequences

Decisions engaged in early on, reap later consequences which often reflect the choices made in those initial steps.  This is true both in life generally, and in particularized ventures, endeavors and vocations.

That is precisely why we tell our kids to study hard; that the key to success is preparation and practice; that, on performance day, the ease with which the presentation appears reflects the extent of the behind-the-scenes effort which went into the show.

Such admonitions apply to every project we undertake, and it is no less different when one is contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, for the Federal and Postal Worker.  The logical sequence of how a person puts together a Federal Disability Retirement application will be reflected both in the final submission, as well as in the results obtained.

Now, there may well be cases which are poorly compiled, yet approved without a glitch; just as there will be cases which are irrefutably argued, yet denied by the Federal Bureaucracy identified as OPM.

However, another adage which is also true, is that “the exception does not make the rule”.

What words are chosen; how the Statement of Disability on SF 3112A is formulated; what medical evidence is presented; which legal arguments are promulgated and highlighted; what collateral issues are preemptively brought up; collectively, they “matter”.

What we do today determines the course of tomorrow; what tomorrow brings, will reflect upon who we are today.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Societal Complexities

For over 50 years, we have been told that our lives will be simpler, more efficient, of greater ease, resulting from the technological advancement of society at large.

With each technological innovation, some aspect of the common man’s life was supposed to be unburdened, with greater leisure time and less stress.  But a fundamental principle of human nature was ignored throughout the incremental advancement towards such sophistication:  the innate hunger to create ever more, and the desire by those at the pinnacle of civilization to play the role of master of the universe.

In legal circles, we were all doomed once the fax machine was invented; for, with such a contraption, the 3-4 days it took to send out a first class letter confirming a conversation or following up on one, became instantaneous, and the war of the who-said-what and what was settled upon became an urgent necessity with the ability to send and receive immediately.

Contrary to the great promise of our times, technology and modernization has further complicated, stressed and compounded the problems of daily living.

For the Federal or Postal employee who is contemplating filing for Federal Disability Retirement benefits, whether under FERS or CSRS, the added complexity of winding one’s way through a maze of bureaucracy, of compiling an effective legal case for one’s Federal Disability Retirement application, is often “too much” because such an effort is in addition to the burden of dealing with one’s debilitating medical condition.

The key is to always streamline and simplify; but of course, that’s precisely what society has been purportedly doing all of these years, with each new gadget declaring the end of stress; and we are all the more stimulated by it.

Sincerely,

Robert R. McGill, Esquire