Tag Archives: your usps disability retirement lawyer

Federal & Postal Disability Retirement: The Chasm Between Sanity and Twilight

Sometimes, there are moments of clarity where one is left with wonderment at the behavioral folly of individuals, organizations, and groups of collective consciousnesses (what an untenable word — the pluralization of that which ends in what appears to be the plural form of the noun).  Whether one agrees with the Supreme Court’s holding that corporations should be treated as “persons”, the fact is that organizations act in collective aggregates in similar manners as individuals and amoebas.

Group-think, herd mentality and symbiotic consciousness of behavior is not unfamiliar to us all; for Federal and Postal employees who suffer from an injury or disability, and where the medical condition leads the Federal employee or the U.S. Postal worker to file for Federal/Postal Medical Disability Retirement benefits through the U.S. Office of Personnel Management, whether that Federal worker or Postal employee is under FERS, CSRS or CSRS Offset, it is a fairly routine matter that engagement with one’s agency can be characterized as one of workplace hostility, unpleasantness or unfriendly separation.

Why this is so; what bonds of loyalty become severed merely because the Federal or Postal employee expresses an intent to terminate the employment relationship as a consequence of the onset and intervention of a injury or chronic condition; and how the contextual animosity develops into a flashpoint where the Federal agency or the U.S. Postal Service believes that it must initiate adverse actions or punitive measures; these are all wrapped up within the conundrum of complexities which characterize the human condition, and that is why organizations and organic aggregates of individuals comprise a compendium of human behavior.

It is, in the end, an unexplained and incomprehensible phenomena; what it is; how it can be explained; where one goes to for enlightenment; these questions must be relegated to the dark corners of behavioral recesses within those chasms between sanity and twilight.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney: The Aftermath

We like to think in linear prose; that is why, when E. E. Cummings showered the literary world with typographical disarray, a collective groan of discomfort visibly shook the foundations of the art form.

In daily life, it is the capacity of seeing a beginning, continuum and conclusion to a segment of a bifurcated visual horizon, which makes for sanity.  Closure and a sense of termination allows for satisfaction of an accomplished deed.  To be required to maintain a project, a task, an obligation, etc., is to engage in an eternal hell of unendurable agony; but that is, in the end, what must be done for most things, which is precisely why life is a challenge of inestimable proportions.

Federal Disability Retirement is no different; once obtained, one would like to think that closure has been accomplished, and that life is nothing more than forward-looking deeds to be reached like ski slopes allowing only for downward spirals of travel, never needing to look back.  But maintenance of effort is always a requirement; making sure that one is preserving the rights which one has fought so hard to gain, is a daily task, a present obligation, and a necessity of life in Federal Disability Retirement law, as in other sectors of life.

Whether to recognize the earned income cap for Federal Disability Retirement annuitants while still under a certain age, or making sure to be able to re-certify one’s ongoing medical condition and disability — these are never tremendously onerous tasks, but ones which can only be satisfied if one is fully aware of the laws which govern them.

Filing for Federal Disability Retirement benefits by the Federal employee or the U.S. Postal worker, whether under FERS, CSRS or CSRS Offset, is the first step in securing one’s future; the aftermath is the second and many subsequent steps, in ensuring the viability of that which one fought for in the first place, lest history should be repeated and goblins be allowed a resting place where none should be.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: It’s a Dog’s Life

Animals are entities we encounter as subjects in a world of objects, but with whom we can have relationships and interactions beyond mere utility; the affection of a dog or similar pet, their importance in one’s life — these are beyond measurable quantification of significance.  But there is a difference in the “other” species; of the immediacy of need, the lack of concern for tomorrow, and happiness determined by thoughts of future occurrences or predicted circumstances.

Trouble makers

Looking for trouble (don’t try this at home … these puppies are trained professionals).

That difference is often what determines the linear intractability of human anxiety, as opposed to the fullness of joy seen in a dog or a cat.  Dogs are happy because they are; the present immediacy of their satisfied lives is contained within the existential presence of the here and now.  Worries about tomorrow, or next year; how will we get on with life? What is the meaning of…   These are not tangible concerns which dogs and cats, or other similar species, concern themselves with.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, those anxiety-filled question impacting future security come to the fore, and begin to haunt.  But that life could be like that of a dog; yet, on the other hand, one need only visit the many animal rescue facilities to conclude that a dog’s life is not always a metaphor for endless joy.

Sleepy puppy

After a long day terrifying JWs, girl scouts and mail carriers, this puppy needs a nap. (This model is the nephew of a former Postal employee and client).

For the Federal or Postal worker, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, should have some weight of relief as an option for the future.

It is, after all, a benefit which is part of one’s employment and compensation package, but one which is often not emphasized at the initial stages of one’s career.  It provides for an annuity while allowing for employment outside of the Federal Sector, within certain guidelines and limitations.

During a time of medical need, the priority of concerns should always be:  attend to one’s medical conditions; get through each day to the best extent possible; secure one’s future, including filing for OPM Disability Retirement benefits if one is a Federal employee or a U.S. Postal worker, as soon as the need becomes known.

For the Federal and Postal worker, such priority of circumstances is what determines the present and future happiness of one’s existence; for the dog, it is the second of the three which matters, but then, as long as the meal is served, and the after-dinner treat is offered, the wagging tail tells the tale of contentment at the end of a long day’s journey.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement System: The Numbness of Inaction

Much of our lives are spent on waiting; waiting upon others to complete their portion of a task as a precondition of doing our part; waiting upon a pet to finish their “business”; waiting in line to purchase an item; waiting online for whatever ethereal micro-data transfer to occur in electronic language akin to bitcoin transactions; and waiting to get beyond puberty, across the threshold into manhood so that one’s folly of actions haven’t damaged too severely the potentiality of one’s existence; and, in the finality of life, upon death and the hereafter.

Thus is youth waiting upon folly to end; middle age, a remorseful reflection upon wasted days; and old age the suffering from the want of yore.  And, of course, there is the waiting hours for those with medical conditions — in doctor’s offices for the verdict of a future or lack thereof; and for Federal employees and U.S. Postal workers, often a meandering loss of direction, waiting upon one’s agency for…often not more than administrative actions and sanctions leading to a “performance improvement plan” (what is generally referred to by its acronym, the “PIP”), and to proposed removals and other sanctions.

Free advice:  Don’t ever wait upon an agency to do its part in any right manner; always act without regard for the agency’s expected answer.  Otherwise, the wait will simply result in a crisis of time.  For Federal and Postal employees who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s positional duties, waiting upon an agency for anything is but mere folly regurgitated from the days of one’s youth.

Sitting around bemoaning the lack of action by an agency, is tantamount to being a middle-aged crumple of impotence; and expecting that an agency will be patient during one’s days of trials is like being an old man in a nursing home waiting upon death.  If you haven’t figured it out by now, agencies and the U.S. Postal Service do what they want to do, when they decide they want to do it, whatever the “it” is.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, is a duty requiring affirmative action by the Federal or Postal employee, where the onus is entirely upon the Federal employee or the U.S. Postal worker.

As waiting is merely a time of inaction, so the numbness of sitting around waiting upon others occurs as a result of atrophy of life; and the numbness of inaction will merely magnify in the loss of mobility for the future, where a Federal or Postal worker sits with an expectation of a future void, until such time as one is prompted into an awareness that it is action which leads to consequential substance, and not the inaction of inertia.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Beyond Forms

Providing evidence and proving your case

Some of Plato’s works elucidate concerns which belie clarity of thought, where conceptual confusions become enmeshed with absurd abstractions and unnecessary complications beyond the parameters of linguistic capacity to provide technical comprehension; in a word, he was complicating matters.

The Republic embraced a bold insight into human nature and the political apparatus of power; some of his later works provide fodder for those who allege esotericism; for, even Aristotle quipped with ironic sarcasm the plenitude of conceptual confusions inherent in the system of Forms having an “objective” reality apart from the physical universe.  But even today, we must contend with forms — forms in the form of bureaucratic mandates.

For Federal employees and U.S. Postal workers who finds themselves in a state of necessity because of a medical condition, following the requirements of the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is something which must be embraced.

Filing for Federal Disability Retirement is not simply a matter of filling out forms, however; it is the combination of gathering sufficient evidence such that it meets the burden of proof; of coordinating the evidence with formulating persuasive argumentation such that the law supports the evidence compiled; then, to present the whole as a coherent pathway to a successful outcome — an approval of one’s Disability Retirement claim issued by OPM.

Just as within the dusty notebooks of Plato’s lectures, the linguistic concepts of Forms can be confused with the physical manifestation of appearances within the perceived world, so the Federal and Postal employee can become confounded and confused by the modern day requirement of forms within the Leviathan of a bureaucracy; but all forms required, whether the SF 2801 series for CSRS employees, the SF 3107 forms for FERS employees, and the SF 3112 series for both CSRS and FERS employees — all merely constitute the minimal requirements.

Preparing, formulating and filing for Federal Disability Retirement benefits is not merely a matter of forms; it must go beyond such standard forms; and as Plato’s Republic is not merely a form of government, but a blueprint for the elite to take power, so the proper preparation and presentation on OPM’s Disability Retirement forms must follow the dictates of totalitarianism, lest one is left in the shadows of that proverbial Cave in the allegory of appearances.

Sincerely,

Robert R. McGill, Esquire