Medical Retirement under FERS & CSRS: In the end…

What is it about a phrase that predictably tells us about the mood, content or direction of the mindset?  If a person begins with, “Well, it all began when…” — we will often stifle a yawn, try to make excuses and begin heading for the exits.  Self-aggrandizing, prefatory remarks that set the stage for a narrative delineation that includes private details of individual lives often bore the pants off of most people, and yet many will “tell all”, as if such intimate details trigger a prurient interest within each of us.

Then, of course, there is the opposite, as in: “In the end…”.  What fills in the ellipses?  In the end…the world will all go to the trash bin of history’s footnotes; In the end…we all die, anyway?  Such opening phrases and closing remarks leave out the vast chasm of filling in “the middle”, of course.  How does a story begin, tell the narrative in an interesting manner in “the middle” and end with a bang?  That is the problem, isn’t it?  Most of us don’t have a clue as to how to tell an interesting tale.

And what about non-fiction — of a historical narrative or of a biography?  What makes for an interesting “telling” of it — of what details of a person’s life; what incidents should be included?  What peripheral, tangential details will make for an interesting and engaging read?  Is a biography incomplete if the author leaves out certain details, or does it matter?  What “events” are presumed and should therefore be excluded, and can it really be said that certain excluded moments are considered to be excluded at all?

For example, it is presumed that a person goes to the bathroom a few times a day, at least — but what if, during the narrative of a biography or a historical period, such activities are never mentioned?  Can we call up the author and demand to know why such historical “facts” were excluded from the biography of, say, an important figure?

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, it may be necessary to begin to formulate 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.

As part of that “administrative process”, it is necessary to complete SF 3112A, Applicant’s Statement of Disability.

In preparing the narrative story of one’s medical condition, it is important to convey the essential “story” — a historical account; a prefatory introduction; a “middle”; and an “In the end…”.

What details to include; the choice of words; whether in the first-person or 3rd-person narrative; of what legal arguments to include; whether to “exclude” certain details without being charged with “falsifying” a claim, etc. — these are all important considerations in the proper, complete and sufficient preparation, formulation and filing of an effective Federal Disability Retirement application, and it is vitally important to do it “the right way” when preparing SF 3112A — the core and essence of the Federal Disability Retirement application — which, in the end, is the story of your tale that needs to be told.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Civil Service: The topic of conversation

How does it come about – that “topic of conversation”?  Is it merely and completely randomly selected, and in a spurious manner caught like the quiet embers that ignite an out-of-control wildfire?  Or, does someone Google on the Internet, something like, “Good dinner conversation topics”, and then proceed to print them out so that silence does not pause the ebb and flow of a party’s chatter?

If you listen carefully at conversations (which, by the way, are becoming a rarity these days, as one becomes ensconced in one’s own insular world of smart phones and Facebook postings, Instagram obsessions and Twitter feeds of inane utterances), you realize the randomness of subjects embraced, and how they often travel like a drunken driver meandering without lights or signals to brace the passersby.  Is that how Darwinian evolution looks like as an analogy of sorts?  A senseless, meandering coveting of erupting utterances without guide, meaning, direction or purpose?

But what if you become the topic of conversation – does it suddenly change, where the ear is suddenly turned red, the interest enlivened, and the aura of disinterestedness suddenly lifts?  And what if you are not in the room, but left to freshen up or take a break, and upon your reentrance, the silence suddenly pauses and the topic of conversation reveals a fissure and a gravitational shift that suddenly embarrasses and shames?  The ears burn – is that merely an old wives’ tale, or does that really happen?

Isn’t that what occurs with Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management?

As an attorney who specializes in Federal Disability Retirement Law, the undersigned is often asked as to when the agency or the Postal Facility should be informed, prior to submission of an OPM Disability Retirement application, of one’s intent to file. It is a rather complicated question, and can have consequences unforeseen and not always positively received, and thus should be specifically tailored to each individual circumstance.

But do not be fooled:  The Federal or Postal employee who files a Federal Disability Retirement application through OPM, at some point during the process will inevitably become the topic of conversation; whether that should bother you, or you should care, depends upon many factors, and not the least of which is often influenced by sound representation by a Federal Disability Retirement lawyer who has guided the Federal Disability Retirement process throughout the gambit of the administrative process.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Trading places

Long before the 2008 debacle of economic turmoil; preceding epic movies following, of the lavish ineptitude of miscreants awash in money’s sale of souls in exchange for the temporal pleasures of limitless fantasies; when laughter could be heard yet, because the future still held some hope, there was a movie by the same title.  It was a comedy of innocence – although, the language used may still blush for some, it reveals a period long gone and no longer found in today’s society where revealing all, telling everyone and showing unabashedly have become the normative course of behavior.

Unlike the reality of Wall Street’s mechanism of manipulation, the storyline follows a fairly conventional discourse of moral constancy – of identifiable evil; revenge and retribution for wrongs committed; redemption for those whose failings resulted from unseemly characters.  Contrast that with the fictional depictions of today, some mere several decades hence:  the unjust are left unpunished, or barely so; the miscreants are bailed out from their own folly and greed; and the Mom & Pop store just around the corner is still left wondering why they were never rescued from bankruptcy, when the very ones who created the economic crisis are back at it, again.

The problem with discussing such issues on a macro-scale, of course, is that generalities invite sweeping statements of inane and excusable tendencies, whereas kitchen-table, microcosmic tales of individual narratives leave no room for such averted cover of hidden devices, where rats and other scoundrels may scurry to find convenient places to conceal their shameful misdeeds.

We often wish that we, too, could “trade places”, but only because we fail to listen to the details of troubles faded on lawns across the street where the grass appears greener, but where the internal turmoil of ghosts hidden remain veiled.

Medical conditions have a way of bringing us all back to the basics of living.  For, when one is healthy, all sorts and manner of wishing for fortunes and superficiality of life’s extras are engaged; but when a medical condition hits, all that we desire is for the boredom of good health.  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 employee’s position of formal occupation (as reflected on an SF 50 or PS Form 52), understand this concept all too well.

Trading places is all relative, especially when it comes to the basics of human happiness.  For Louis Winthorpe III and Billy Ray Valentine, it happened that fate brought two unlikely characters together to right the wrongs of a macroeconomic system left to manipulative devices on the commodities trading floor; for the Federal and Postal employee who suffers 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 positional duties, the desire to “trade places” is somewhat more basic – of mere good health in order to maintain a constancy of life’s pleasures taken for granted by others.

But, instead, often the best option for trading places is to prepare, formulate and file an effective Federal Disability Retirement application, submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  Sometimes, the trade itself is a compromise on a micro-scale of lesser proportions, and not within the complex world of high finance and commodities exchanges.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Benefits: The Eyes Which Betray the Laughter

Plato noted the significance of the eyes; as windows of the soul, they reveal the depth of emotion, character, empathy, interest, boredom, meanness, etc.; and just as true, the lack thereof.  Laughter provides the concordance of mirth to context; cacophony occurs when the harmony between the two somehow fails to connect.

The pinnacle of sadness is represented when one looks upon an individual, hears the laughter, and sees the revelatory sadness deep within the eyes of the soul.  The discordant contrast takes us aback; it is perhaps the height of self-contradiction, where the parallel universes which are never supposed to transect, suddenly violate the very content of definition, and betray the consciousness of self-doubt.

What has transpired?  What tragedy has befallen?  It brings to mind the poignant story by Chekhov, entitled “Grief” (or otherwise translated as “Misery”), where the death of the son is magnified by the haunting question, “With whom shall I tell my grief?”  As the world he continues to encounter is filled with passengers who laugh and carry on with life, the father must continue within the disharmony of his own tragedy.

Medical conditions tend to do that to people; it remains silent, but for the sharing beyond the perfunctory response to the passing, “Hello, how are you?”  We are expected to say merely, “Fine, thank you,” and move on.  Federal employees and U.S. Postal workers know about the emotional disjunctive between the eyes and the emitting laughter.  When the sound of mirth and the sight of pain clash, it is probably time to make an exit by filing for Federal Disability Retirement benefits.

While often not the “best solution”, it allows for the Federal or Postal worker to leave one’s employment, secure a disability annuity, and seek a restoration of one’s health, in order to reinvigorate the soul behind the eyes of tragedy.

Filing for Federal Disability Retirement benefits, whether the Federal employee and U.S. Postal worker is under FERS, CSRS or CSRS Offset, is a long and arduous journey through a bureaucratic maze.  There is the process itself; the need to substantively put together and formulate an effective and persuasive disability retirement packet; and then the long wait before the U.S. Office of Personnel Management.

Every Federal and Postal employee must make the decision of when and how; but as to the “why” of the foundation, it is when the eyes begin to betray the laughter, that affirmative steps need to be taken to begin to prepare, formulate and file for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire