Medical Retirement under FERS & CSRS: The greater monsters within

Have you ever engaged in lengthy ruminations, procrastinating because of fear, trepidation and cautionary constraints before proceeding, only to find in retrospect that there was really nothing – or, at least, not much – to have worried about?

Often, it is the greater monsters within that become compounded, exaggerated and increased in fearsome proportions beyond the reality of the objective world, in parallelism with the anxiety we release and the angst we allow.  Within the insular world of our language games and conceptual apparatus created by a complexity of admixtures involving conscience, history of childhood imprints, traumas and psychic damages, it is important to bifurcate the universes of our own makings from those of manifested plenary encounters that can be evaluated, assessed and properly analyzed.

The ability and capacity to judge between the reality of the problem and the internal struggle of an imagined encounter grows exponentially the longer we procrastinate, and that is why the anticipation creates those “butterflies-in-the-stomach” that flutter about like so many somatic consequences of the subconscious angst we create.

The greater monsters within roam about in the neurological fissures that connect the physical brain to the consciousness of life, and when they are allowed to exit from the jailhouses we have compelled them to remain constrained within, it is the damage done from roaming unrestrained, when they trample upon the safe zones we have created, meandering into secluded corners where previously we have carefully posted signs of “no entrance beyond this point”, but have let our guard down, allowed the nailed-down posts to deteriorate, and misplaced the orange cones to be shoved aside in our careless lack of disciplined living.

How do we stop such miscreants from wandering through the sensitive crevices of our own consciousness, and to restrict their access from creating havoc and tumult which we least can afford because of the vulnerabilities and fissures created by the objective world’s intrusion firstly, and secondly and all subsequent times, the exponential expansion of the greater monsters within.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits, the procrastination resulting from the greater monsters within becomes a vicious circle of eternal damnation:  The medical conditions are worsening, exacerbating the internal struggles and the external responsibilities compelled by the job itself, the requirements of the position and the Federal Agency’s and Postal Service’s expectations; concurrently, the greater monsters within create a turmoil that influences, impacts and worsens the medical conditions themselves, such that it becomes a self-fulfilling prophesy of self-immolation.

It is the greater monsters within which must be challenged, slaughtered and vanquished, and that can begin by taking the first and subsequent steps in preparing, formulating and filing an effective Federal Disability Retirement application, and thereby successfully activating the proverbial ending of killing two birds with a single stone, and also overcoming the greater monsters within.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Independence Day

Each country with a colonial past celebrates it; though, for some, separation may not have been accomplished through violent revolution, but via natural evolution by decoupling of cultural and economic ties.  Then, of course, there are individual demarcations of personal milestones; of becoming an adult; of the first habitat away from childhood memories; or even a first paycheck replacing the dependency of an allowance bundled in caveats of emotional connections veiled in subtle admonitions of responsibilities, adolescent resentments and the proverbial cutting of the lawn by a weekend warrior.

Time normally takes care of such sophomoric interludes, and replaces those seemingly significant torch-passings with other, more relevant and impactful events.  We tend to place great metaphysical significance upon a particular day, as the cornerstone and marker representing a transcendent relevance, and all the while allow for the symbols to disintegrate in the tatters of modern decay.

Revolutions rarely attain the goals sought; for, it is the days and decades thereafter which matter, in daily preserving an unextinguished light which remains fragile and dimming but for patriots who sacrifice for naught.  Clubs and associations form, like cottage industries propagated by deliberate avenues of greedy excess; the daughters or sons of this or that revolution, and lineage becomes of importance, while the names of unmarked souls lying anonymously beneath the bloodied soils where trumpets once blared and orders fulfilled, and the dying screams of sons crying out for motherless children left in the poverty of a forgotten past, fade as memories and the aged pass on.

Can a people who remembers not the dates of demarcating moments last for long?  Must nations celebrate in order to garner the enthusiasm of civic pride, or can mere greed, money grubbing endeavors make up for loss of flag waving and patriotic fervor?  In the end, it is how we treat the most vulnerable and weak, which reflects upon the ardor of our sincerity.

For Federal employees and U.S. Postal workers who suffer from a medical condition, and who must file 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 of independence is a significant one — for it is a turning away from that which continues to harm, whether through greater stresses upon the body, mind or emotional stability; and the severing of ties is a real one, and not just a symbolic quiver in a parade of trumpets and gleeful shouts; no, Independence Day for the Federal or Postal employee who successfully maneuvers through the bureaucratic maze of an administrative nightmare in order to attain a Federal Disability Retirement annuity, is a day indeed of significance and import.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: Preemptive Actions

Knowledge can be a dangerous commodity; partial, or little knowledge, can be all the more damaging, precisely because actions can result based upon incomplete information and slices of factually curtailed composites.

The Court of the Appeals for the Federal Circuit has previously pointed out one of the methodological deficiencies engaged in by the U.S. Office of Personnel Management, in its review and determination of Federal Disability Retirement cases:  of focusing upon that which is not included in a Federal Disability Retirement application, as opposed to reviewing the information of what has been received.

Such a distinction may be a subtle one, and a difference which can be easily overlooked, but it reveals much more than mere word-play.  For, what it manifests is an application of a criteria based upon an erroneous assumption, and one which continues to be applied to this day, despite case-law which admonishes OPM to the contrary.

Vanieken-Ryals v. OPM, a 2007 Federal Court of Appeals case, points out the error of OPM’s ways in Federal Disability Retirement cases, where insistence upon “objective” medical evidence continues to dominate, despite the lack of such requirement to the contrary.  Such an issue is especially relevant, of course, in cases where psychiatric medical conditions prevail, and when OPM insists upon the lack of such “objective” medical evidence where none can be obtained, it leads to Federal and Postal employees to react desperately in a preemptively unreasonable frenzy of actions.

Not knowing the law is one thing; knowing, but deliberately ignoring it, is quite another.  But the price Federal and Postal employees pay for when a bureaucracy engages in practices which clearly defy the clear mandate of legal requirement, results in preemptive actions which ultimately lead to another day in Court, to argue that which one thought was previously already established.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Purgatory Reverie

The state of the intermediate, the surreal loss of traction in suspended animation; of trying to jog on ice, or to reach a destination traveling on a treadmill; this is a sense one is left with in dealing with a juggernaut of a bureaucratic morass.

In this day of immediacy, where the instant satisfaction of wants and the now of gratifications is met and reinforced by the push of a key, the click of a mouse, and touch of a sensor; and as virtue is no longer looked upon as a necessary ingredient of character, but rather an irritating obstacle to a material goal, so patience cannot be wanting where fissures have widened to such an extent that chasms have created chaos.  Planning ahead is always the key to the timely confluence of achieving the stated goal.  And then some. And perhaps even to multiply the waiting time by a factor of 2.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal and Postal worker from performing one or more of the essential elements of one’s job, it is precisely that inherent self-contradiction of the constancy of being forever suspended, which gives rise to frustration and turmoil.

Much of it is in anticipation of what the Agency, or the U.S. Postal Service, will or will not do.  Will they initiate an adverse action during the process?  Will they approve the discretionary LWOP request?  Will they “support” the Federal Disability Retirement application, or attempt to undermine the procedural march towards OPM’s approval?

Waiting upon an agency is never a good idea; neither in deciding to move forward on a Federal Disability Retirement application, nor in trying to make an educated guess as to what the agency’s reaction would be (or, in dealing with one’s agency, is it an oxymoron to concurrently use the terms “educated” and “guess”?).  Agencies move at their own pace, and do what they want, when they want, as fiefdoms and totalitarian republics are decidedly meant to provoke.

It is never a good idea to make one’s decision concerning preparing, formulating and filing for Federal Disability Retirement benefits, whether one is under FERS, CSRS or CSRS Offset, by waiting upon an agency’s actions; for, the immediacy of ignorance may never come about, or suddenly be initiated yesterday; and as purgatory is in and of itself a reverie of angels suspended in timeless harpsichords of orchestrated serenity, so the ill Federal or injured Postal employee who thinks that it is a good idea to wait upon the Federal agency or the U.S. Postal Service before initiating a Federal Disability Retirement application, will of course remain lost in the long and winding road leading to the pearly gates of tomorrow.

Sincerely,

Robert R. McGill, Esquire