FERS Disability Retirement: The Inevitability of Change

It is a tautology; for, “inevitable” encapsulated and embraces the term “change”, and one presumes that, in applying and comprehending the word “change”, there is a sense of inevitability contained within it.

Thus do we assume certain truths which naturally follow: If you don’t like the weather, just wait a moment (for, the natural course of the universe dictates that the weather will change over time); if you are dissatisfied with your life today, ride it out (for as circumstances appear static for the moment, time will resolve many of the uncertainties faced today); and similar dictums of sagely advice.

What we are not told, however, is that which we have already accepted by experience:  That “change” is too often a negative component, and that is why we believe that things almost always change for the worse.  That is the byline for the pessimist, of course: That good things never last; everything changes for the worse.  The optimist, on the other hand, always tries to squeeze the good out of anything that worsens, and tries to see the glass as half full, instead of half empty.  Whether you are an optimist or a cynic, both accept that change is inevitable; the difference is merely in how one perceives the change.

Then, of course, there is the human element — of affirmative actions taken by an individual or a multitude of individuals in performing acts that contain or otherwise alter the course of change.

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 one’s Federal or Postal job, change is inevitable.  Whether by being placed on a “Performance Improvement Plan”, or the increasing harassment perpetrated by the Federal Agency or the Postal Service — or in the inevitability of a termination — the medical condition itself will normally and often dictate the need for change.

The “human element” is the action taken by the Federal or Postal employee in preparing, formulating and filing an effective Federal Disability Retirement application, where the affirmative intervention of actions taken may change the ultimate outcome of life’s trials.  Yes, the inevitability of change is a given; but how that change will come about and what outcome is to be determined will depend upon the Federal or Postal employee who recognizes both the inevitability and the need for change, but moreover, of how to go about initiating the process.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement under FERS: The Trouble Bin

But that life was merely a pleasant dream where we could pick and choose the sequence of events; would the “trouble bin” ever be accessed?  Would our scenes ever depict unhappiness, dismay, concern or of distraught loneliness?  Would we ever open the lid to the Trouble Bin and take out the problems therein?

Or, would we forever keep it closed and live blissfully within the confined pleasures of our sweetest dreams?  Would life become monotonous if there were never any troubles, such that — “just for fun” — we would sneak over to the Trouble Bin and take a peek to see what would happen if, just for a brief moment, we could pinch ourselves awake and be jarred away from the dreamworld of a perfect life?

But that troubles could be placed in a bin and the lid closed until and unless we wanted to access it; that, in and of itself, would be a dream worth having.

Life is full of troubles; the series of troubles are not always in any rational sequence, but often come in clusters where two hands and a sound mind are not quite enough to handle it all; but then, just as we have little control over our own dreams (except in those rare ones where we “know we are dreaming” and can actually dictate the content of the dream), we have less to do with troubles that life introduces on a regular basis.

Some would argue that most, if not all, troubles are of our own making:  The decisions we make; the options we choose; the pathways we go down.  Some troubles, however, that come out of the Trouble Bin are not of our own making or choosing — for example, a medical condition that becomes chronic or debilitating.

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 time to prepare, formulate and file an effective Federal Disability Retirement application.

To do so, it may be wise to open the lid of another “bin” that hopefully sits next to the Trouble Bin:  of the “Advice Bin”, by contacting an attorney who specializes in preparing, formulating and filing an effective Federal Disability Retirement Application.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement under FERS: The Pressure Cooker

As a practical device, it retains nutrients and cooks various foods faster because of the intensity of the heat, thereby quickly forcing nutrients out into the cauldron of mixed vegetables, all the while tenderizing the tough meat.  As a metaphor, it represents a symbol of the human condition: Stolid on the outside, reaching uncontrollable and explosive currents beneath the surface.

Other metaphors often accompany the picture of the pressure cooker: The “walking time bomb”; the “short fuse”; the “screaming boss” and the “fragile psyche” — these and many more describe the state of modernity’s human condition.  And the picture of the final straw that breaks the camel’s back — of the slow, subtle, incremental and progressively destructive forces which cumulatively burden the back of the beast until the final straw breaks it under the weight of stresses no longer bearable.

Life is difficult; and when a medical condition adds upon the pile of troubles we burden ourselves with, the image of the pressure cooker comes to the fore.  The chores that we leave undone; the work that demands; the relationships which wither; the time that is irredeemably lost; these, and many more, fall into the mixture of the pressure cooker that has no more nutrients to offer.

For Federal employees and U.S. Postal Workers who suffer from a medical condition such that the medical condition has added to the pressure cooker of life’s travails, it may be time to contact a FERS Disability Attorney to consider representation for filing an effective Federal Disability Retirement application.  The pressure cooker is meant to serve, not to destroy; but if the pressure building gets to a certain level beyond the danger point, it is well past the time to consider filing a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement: Judgment and Discretion

In many ways, the two are inseparable; for, to make good judgments is to necessarily have the proper discretionary approach, and to possess the quality of discretion is the foundation for making good judgments.  It is discretion which allows for good judgment; good judgment that is dependent upon discretion.  To lack discretion, however, does not mean that one will necessarily make a bad judgment; but then, as the old saying goes, even a broken clock is “right” twice in a 24 hour period.

The judgement to prepare and formulate an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management under FERS, should be based upon sound discretion in determining the available resources: Is there supportive medical documentation? Is the Federal Agency or the U.S. Postal Service initiating proceedings to make staying in one’s job untenable? Has one’s medical condition come to a point where the Federal or Postal employee can no longer continue in one’s position?

These and many more questions are often at the heart of considerations in filing for Federal Disability Retirement benefits, and consulting with a FERS Attorney who specializes in Federal Disability Retirement Law is often the first test in determining whether one possesses the judgment and discretion to proceed on a path which will lead to a successful outcome.

For, in the end, judgment and discretion is just as much about understanding one’s limitations in knowing about something, as it is about knowing enough about something to have the judgment and discretion to seek good counsel and advice.

Sincerely,

Robert R. McGill, Esquire

 

Filing for Federal Disability Retirement: Reminders

What is the proper balance in a person’s life — between leisure and work; between thought and living; betwixt the physical and the psychological?  How much is “too much” in getting lost in the fantasies we surround ourselves with: Of watching the news; of enjoying a movie; of “doing” Facebook posts or “surfing” the internet?

Have you ever driven on a sparsely populated road or perhaps late at night when the lights of passing cars become a blurred memory of fleeting blindness, and upon arrival to your destination, you remember not a moment as to how you got there?  Perhaps you drove and did all of the proper things in the mechanical acts of driving, and yet you cannot remember yourself having engaged in the act of driving?  How much time is spent within the insular caverns of our own thoughts — whether when “thinking” or “cogitating”, or in watching a movie?

We fool ourselves into thinking that we are “living life” when in fact all we are doing is staring into a mass of illumination pock-marked with letters and punctuations.  Then, something inevitably “reminds” us — that we have to eat in order to keep from starving; that we have to respond to a real question posed by a real person; or in the mere act of needing to take out the garbage before it begins to rot beneath the kitchen sink.  And of medical conditions — they constantly remind us of our own mortality.

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 one’s Federal or Postal job, the constancy of the imposition of the medical condition is a reminder that our deteriorating health is incompatible with continuation in the Federal or Postal job.

When the time comes where such “reminders” begin to dominate the life of the Federal or Postal employee, then it is no longer a “reminder” but of a jarring realization that no amount of getting lost in the distractions of life will change or alter the need: The need to file an effective Federal Disability Retirement application through the U.S. Office of Personnel Management.

Consult with an attorney to determine if such a course is the best path of action for you.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employees with Disabilities: Simplifying the Complex

Genius is to comprehend the complex; competence is to utilize it; adequacy is to merely get by with it; to be lost is to become mired in it.  The world is complex.  Balance in a life is complex.  Trying to survive in a complex world requires a balancing act that even the most skilled tightrope acrobat can barely accomplish.

Once, when a reporter asked a mountain climber who had successfully scaled the North Face of the Eiger “why” he does what he did, the reply was: “When I am climbing, my only focus is to survive.  I do not need to think of anything but the next step, the next hold, and to ascend inch by inch.  Nothing else matters but the moment.”

But that life could be lived within the paradigm of that philosophy — of “living for the moment.”  To do so, of course, would require setting aside the baggage from one’s past and ignoring the tumultuous considerations for the future.  For most of us, we simply cannot live like that.  In this complex world, we try and “get by” through simplifying it — bifurcating it into comprehensible and digestible components; attending to each one at a time; then starting all over again at the beginning of the next day.  To simplify the complex is a skill-set that one must attain in order to just survive.

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 one’s Federal or Postal job, the complex universe of an administrative process like filing for Federal Disability Retirement benefits is a bureaucratic morass that will often require legal advice, guidance, assistance and counsel.

It is the job of an attorney who specializes in Federal Disability Retirement Law to simplify the complex.  Consult with an attorney who specializes in Federal Disability Retirement Law when preparing, formulating and filing for Federal Disability Retirement benefits, lest you find that the complex remains too complicated and the next mountain to climb has become too steep an obstacle, like the North Face of the Eiger.

Sincerely,

Robert R. McGill, Esquire