Federal & Postal Disability Retirement from OPM: The parade that fades

Parades are often forlorn events.  The pomp and circumstance that brings forth the loud serenade of trumpets, drums and cadence of disparate groups; the sequence of human colonnades marching to the beat of rhythmic blares where medals gleam in the glint of sunlight’s twilight; and when the speeches end and the parade that fades leaves but for the leaflets that once announced of its impending arrival, the hearts that once fluttered in anticipation of the marching band that lost its footing may but be a glimmer of tomorrow’s hope.

Parades celebrate, and the participants engage the public eye to put on a show of appreciation, but do they voluntarily come together, or are they merely compensated workers ordered to appear?  And when once the parade fades, what happens to those left behind, of the grieving widows and children left orphaned, and the pinning of medals that sang the mournful hollow of a priceless life?

Other lives march on; it is the forgotten ones that inhabit an earth that continues on in haunting groups of voiceless sorrow, for years on end without the recognition noted but for that singular day on the parade grounds, where glory once revived and then soon forgotten.  Much of life is like that, isn’t it?

Like a parade that is put on, lasts for a day, or perhaps merely a part thereof, and then soon to be forgotten except for memories that are seared with a grimace and graceless utterances of voices once remembered and now merely a fading vestige, if that.  What was the fanfare for?  Do we even remember? What was said in the speech now faded but for glory’s once grand applause?  Do we even care?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition begins to prevent the Federal or Postal worker’s attempt to continue his or her career because the progressively worsening medical condition itself is preventing one from performing one or more of the essential elements of one’s job — the end of one’s career may be likened to the parade that fades.

That sense of belonging; that feeling that life’s cadence included you in the marching band of the colorful parade; of being part of a team, with a sense of coherence and purpose; but like all parades, the day’s end ultimately comes.  Whether you are under FERS, CSRS or CSRS Offset, the sinking feeling that the parade that fades may mean that there is no longer the trumpet’s blare or the drumbeat of life’s cadence is simply a fear within that does not reflect reality.

Tomorrow, the sun will still shine and the birds will yet sing; the grounds will still be there, and preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management is merely changing the venue of where the next parade will be held, thus replacing the parade that fades at the end of this day alone.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Claims: The story

Everyone has one; some, more interesting than others; others, less interesting than most; most, told in disjointed streams of subconscious dilemmas often coopted by deceitful tellings that leave amiss the juicier elements that would otherwise offend.

Is there “the” story, or just many little details comprised of “a” story here, a story there, and in the aggregate, it makes up the total picture of a person?  Can one ever know a person in his or her fullness, or must there always be left out an element of surprise, mystery and a deficiency otherwise not noted?  Can people be married for 50 years and still be surprised by something in the other spouse’s past?

How are memories triggered to begin with — say, for example, a couple has been married for half a century or more, and one night they get a carry-out from a newly-opened restaurant in their neighborhood that serves a special Moroccan dish from the menu, because the restaurant owner’s wife’s late husband’s third cousin twice removed recently visited the country and brought over a recipe that could not be resisted.

The two older couple (yes, you may infer from the fact that they have been married for over a half-century to connote that the couple are rather elderly) sit down for this delectable dish, and as they begin serving the various food items and transferring them from the paper boxes onto dinner plates, the wife takes in the aroma of the vegetables, cooked in a certain sauce, and declares to her husband, “Oh, this reminds me, I was in Morocco when I was younger.”

Now — for fifty some odd years, this couple has been married; they have had children; they have shared the many stories to tell, both included and some where each experienced a slice of life separately; and one would think that such a detail as having been to a foreign country which not many Americans visit in the first place, would be something that was told during the course of their long and lasting relationship.

What would be the explanation for not having told?  How about: “Yes, I was kidnapped and held for ransom for months, and I repressed the memories these many years”; or, “Oh, I was just 2 or 3 and don’t really remember much about it, other than my parents dragging me to Morocco just to get away”.

Such explanations might be understandable; but how about the following: “Yes, I was there for 5 years, from about the age of 10 – 15, and it was the most impactful experience of my life.”  Now, this last explanation — one would wonder, of course, what kind of a marriage this elderly couple could have had if the spouse had never related the most “impactful” period of her life, would one not?

“The Story” of one’s life will always contain some omissions (that is a conundrum and an oxymoron, is it not — to “contain” and “omit” at the same time?) about various experiences encountered, but that is a natural course in the very “telling” of one’s narrative.  Most narratives have a beginning and an end; some are interesting, others not; but in the telling, the narrative itself must be coherent and comprehensible, as well as containing relevance and significance within the meat of the narrative itself.

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 ones’ Federal or Postal job, it may become necessary to prepare, formulate and file 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.

During such an administrative process, it is necessary to “tell one’s story” by completing SF 3112A, Applicant’s Statement of Disability.  It is a “slice of life” story, and should be as compelling as the aroma that triggered the admission of one’s Moroccan past — for, every story is a unique one; it is in the telling that brings out the mystery of a person’s singular tale of painful experiences, and this is one more slice that needs a coherence within a narrative required in order to obtain a Federal Disability Retirement benefit.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement Benefits: The incoherent narrative

The squirrel jumped into the rabbit hole.  Then, the floods came, and Noah didn’t like the color of his shoes because they matched the starboard and not the bow, and when the rudderless drift occurred, then did the turtle finally come out from the squirrel’s nest, high atop the water’s edge. The medical conditions caused a lot of stress, and if it wasn’t for the Supervisor who constantly harasses me, I wouldn’t have filed a complaint against him, but the doctors never said I couldn’t work except when the heart attack occurred and Bessie my dog ran across the street and got hit by a car.

It is, ultimately, more than just a sequence of lettering; greater than the combination of consonants and vowels in logical arrangement; indeed, the language of the narrative must form a coherent whole.  Can a jumble of words provide the requisite narrative in order to meet the legal criteria in filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management?

Must the “Statement of Disability” as reflected on Standard Form 3112A provide a sequence of information such that it:  identifies the medical conditions suffered; informs the OPM administrative specialist of the nexus between the medical condition and the positional duties of one’s officially-slotted job; and meets and addresses, whether explicitly or implicitly, the burden of proof in showing by a preponderance of the evidence that the Federal or Postal employee is eligible and entitled to Federal Disability Retirement benefits?

To all three questions, the answer is in the affirmative.  For, preparing and formulating a Federal Disability Retirement application, submitted through one’s agency (if the Federal or Postal employee is still employed with the Federal agency or the U.S. Postal Service or, if separated from service, not more than 31 days since the date of separation) and then to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is not merely stringing together a series of words, phrases, concepts and factual truisms; and it is often the incoherent narrative which not only fails to meet the legal burden of proof in a Federal Disability Retirement claim, but further, is harmed by providing too much information, whether intentionally or not.

The predetermined defeat of a Federal Disability Retirement application is not necessarily denied because of the substantive incoherence of one’s statement of disability; rather, more often than not, it is the unintended divulgence of information neither necessary nor true, which often provides the fodder for the fox to further the stealth of his slyness.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The idealist, the skeptic and the cynic

The idealist possesses the dreams of hope and promise; the skeptic, the singe of hurt enough to dampen the spirit; and the cynic, well, he is the grumpy old man who has seen it all, been battered about by the reality of experiential confrontations where tales make the sweat pour from salted wounds too hurtful for words to embrace.

Do they represent a tripartite spectrum of thoughts, feelings and motives, or merely unconnected differences demarcated by time, encounters and length of procrastinated envy?  Do we all begin with the zeal of idealism, pass through the comfort of skepticism, then end up bedridden in the cocoon of cynicism?  Does generational wisdom conveyed by the old to youth ever pause the bursting bubble of naive relish, where mistakes foreseen and palpably avoidable allow for the wounds of time to be delayed, such that skepticism never enters into the unwelcome gates of a soul’s purity?  Or, does destruction of the essence of a person necessarily result in a society where generational transfer of wisdom is scoffed at, and youth and its folly is celebrated merely because beauty is defined by age, sound judgment by pharmaceutical ingestion, and where mistakes made are linguistically altered by clever euphemisms which extinguish not the pain of experiential confrontation, but the narrative which meekly follows?

Whether as inevitable stages of growth and decay, or dots on a graph of spectral divergence, either and all are extremes which reflect the stage of life, experience and historical context which an individual has encountered.  For the Federal employee and the U.S. Postal worker whose calloused soul has already been deadened by time and degree of harassment, the additional burden of a medical condition which prevents the Federal or Postal employee from performing one, if not more than one, of the essential elements of the Federal or Postal job, the time may have come to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.  Whether under FERS, CSRS or CSRS Offset, once the Federal or Postal employee reaches the minimum years of eligibility criteria, the proof by a preponderance of the evidence must be shown.

For such a Federal or Postal employee, it matters not whether life has yet to dampen one’s idealism; nor that experiential harassment in the workplace has failed to turn one into a skeptic; or if cynicism has already prevailed, all the more reason to file for OPM Disability Retirement before the pain of the medical condition consumes to the extent that life’s despondency has already wrought.  In the end, filing for Federal Disability Retirement benefits through OPM is a necessity because of life’s encounters, and no man or woman can escape the scars of time, truth of weariness of soul, where the idealist lives on in the forgotten youth of our memories, the skeptic in the hardening callouses of our experience, and cynicism in the dying disregard of one’s mournful essence in losing the sensation of one’s inner being.

Sincerely,

Robert R. McGill, Esquire