Early Disability Retirement from Federal Employment: “Can” and “have to”

Does freedom allow and liberty mandate, or have the two concepts been conflated such that we envision a proverbial “free-for-all” in either and both instances?

Much of human history has been comprised of the latter – of Kantian obligatory categories imposed upon human behavior.  It is only of recent vintage that modernity has spurned the traditional categorical imperatives that wills the ought which spurs one to have to initiate, engage and complete activities despite a want of denial.  Today, the thought of “have to” is but a mere passing and flittering touch upon a calloused conscience no longer enlivened enough to compel movement, and “can” is the lie like the Marxist concept of the opiate that makes thoughtlessness the fog that is never lifted, and remains with the common man and the populous at large as the force of subservience throughout.

We are inculcated with the banal repetition of inane nonsense that we “can” do, be, reach anything and everything, and we don’t “have to” do anything that we do not want to.  Yet, concurrently, the implicit science of genetic predisposition dooms the concept of free will, and where once freedom meant something to slaves and their evil traders, and liberty required responsible sensitivity to the greater societal constraints that provide the foundation of a cohesive community, the current level of the combined, unfettered amalgamation – of freedom without restraint and liberty without responsibility – has brought us to the brink of a parallel universe with the history of Rome and its disintegrated empire.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition compels the Federal or Postal employee to “have to” file for Federal Disability Retirement benefits, the clash of cultural historicity that we witness all around – of the simplistic tension between freedom and liberty, responsibility and obligation, and “may” and “ought”, comes to the fore because the Federal and Postal worker with a medical condition used to be in a state of “can” when it came to career, leisure, activities and unrestrained potentiality, but now replaced with “have to” because of the intervening forces of an unwelcomed medical condition.

Don’t fret about it; we are all part of a larger force of history; we just never realize it until the coalescence of fate, history, destiny and personal behavior come together, where “can” was never anything but a fiction, anyway, and “have to” was always part of the human dilemma cajoling the rebellious spirit to subvert that which we can never fully avoid – the touch of the gods upon our inner conscience.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement: Cosmic Intransigence

The complaint is most often heard in a converse manner — that because of the minutiae and daily details required of one’s energy, focus and concentration, the “larger picture” fails to be seen.  But the reverse is just as true:  we often overlook the significance of the mundane, justifying such neglect by arguing that it is the cosmic and universal principles which are of greater relevance; mere human beings within the aegis of humanity, are but flies in a smattering of a decaying universe.

And while grand principles are indeed noble, and provide for paradigms upon which notable historical movements have been based, it is ultimately the monotony of hopes and dreams, as held and projected by youth in turmoil and wanting, which create the sprinkling of golden dust blowing by to sparkle the dreariness of daily toil.  The cosmic will always be intransigent; there is nothing to be done with it, as natural laws, the fate of karmic forces, and the ethereal foundations of the universe will continue to move history, economies and world events forward, with or without the input of ordinary people.

The world is a mere playground for the wealthy and powerful, and the gods which play with the cosmos are already intransigent in their own brutal way.  But that is precisely why the personal problems of individuals amount to so much more than the aggregate of a single life; the “greater picture” will always be there; it is the seemingly insignificant life which makes for beauty and worth.

For Federal employees and U.S. Postal workers who become disheartened because of the cosmic intransigence of the “greater picture”, it is precisely the focus upon one’s own life, family, future and time yet left for greater endeavors, which should be the focus of today, the dream of tomorrow and the concentrated efforts of past remembrances.  When a medical condition begins to impact one’s capacity and ability to perform the essential elements of one’s positional duties, the Federal or Postal employee needs to consider filing for Federal Disability Retirement benefits, precisely because the “larger picture” will always be there, but the smaller details of necessity call for one’s effort in securing one’s place in that greater context.

When one’s health is threatened, the fragile nature of one’s being, the sense of insignificance and loss of place and relevance in society, becomes overwhelming.  But it is precisely within that context that the importance of carrying the burden forth becomes all the more relevant; if not for grander principles, then at least for one’s own self, family, and friends who care.

Filing for Federal Disability Retirement through the U.S. Office of Personnel Management may seem like another mundane detail of bureaucratic life which one must pursue, but it is what one can do in the next phase of one’s life that will matter, while all the while the cosmic intransigence of an impervious universe coldly stares back with the laughter of fate and determination to destroy.  It is up to each of us to defy such willfulness of intransigence.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Attorney: Formulating the Effective Case

Is it inherently presupposed that a case to be formulated is one which should be “effective”?  By the insertion of that term, of course, it immediately implies a retrospective vantage point — an “ends” to “means” view of an outcome-based approach.

If a Federal or Postal employee who files for Federal Disability Retirement benefits, whether under FERS, CSRS or CSRS Offset, receives a denial from the U.S. Office of Personnel Management, one assumes that the case was not “effectively” formulated.  On the other hand, if an approval is received from OPM, one need not consider any such issue, but merely moves on to the “when” phase — as in, “When am I going to get paid“?

Outcome-based formulation of a case is never an unwise approach; but the mere fact that a denial is issued by OPM after reviewing a given Federal Disability Retirement application, does not mean that the case itself was not originally “effective” in the formulation and submission.

There are OPM “administrative specialists” who systematically deny cases; certain others who require a higher standard of proof beyond what the law mandates; and even those who extrapolate clear evidence in a denial which establishes eligibility for Federal Disability Retirement, but nevertheless concludes with a disapproval.  Such arbitrary outcomes may seem unfair and unwarranted, but it is a reality which must be faced.

In light of this, the positive outlook to embrace is the fact that Federal OPM Disability Retirement is an administrative process with multiple stages for appeals and additional bites at the proverbial apple.  From the outset, it is always a good idea to carefully prepare, formulate and file an “effective” case; but the mere fact that the first attempt fails to achieve the outcome desired, does not diminish or extinguish the positive assessment reached at the outset when first the Federal Disability Retirement packet was submitted; rather, it just means that additional proof and evidentiary addendum must be forthcoming to satisfy the bureaucratic process of further effectuating the efficacy of an already-effective case.

Sincerely,

Robert R. McGill, Esquire