Category Archives: OPM Disability Actors – The Others

Disability Retirement for Federal Workers: Loss of Empathy

Does it establish the existence of empathy if a person asks after someone’s health or wellbeing?  If, in the next moment, the querying individual does something which would constitute “backstabbing“, does it negate the previous sincerity of the asking?  Is there a numbing effect upon a generation of individuals who have engaged in daily role-playing through video games which defy a conceptual designation of “virtual reality“, and for the most part serves to be the “real” reality for most?

Is empathy a lost virtue; is virtue even a meaningful concept in this day and age; and if lost and not, does it make a difference at all?  Or has human nature been consistently mean and low throughout the ages, and any romantic semblance of a Shakespearean view (paraphrasing, here) that man is the paragon of animals and somewhat akin to the angels, is merely a profoundly meaningless statement of reminiscences long past?  And what impact does such foreboding hold for individuals with medical conditions, especially in the context of employment?

For Federal and Postal employees who suffer from a medical condition, whether under FERS or CSRS, there is fortunately the default option of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Fortunately, such an option does not depend upon the empathetic character of fellow human beings, leaving aside other Federal or Postal employees.  Instead, Federal OPM Disability Retirement benefits are completely dependent upon “the law”.  This is as it should be, as opposed to the fickle character of individuals who sway to and from as the unstable emotions of individuals may change from day to day.  It is ultimately the law which one must cite, rely upon, and use both as a shield and a sword.

As for the lost generation of empathy: Let the laws governing Federal Disability Retirement determine the outcome of that forecast, as laws last somewhat longer than the fickle character of human beings.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: The Maverick

It is sometimes referred to as an unbranded animal, often a calf or yearling; the fact that it is unbranded, implies that it doesn’t belong to a particular stock; ownership is not established; and secondary meanings include an inference of being unorthodox or different.  One assumes that the maverick acts differently by choice; but without knowing the history of one’s life, such an assumption may be betrayed by an opposite set of facts:  that the “others” shunned and excluded, resulting in the unavoidable choice of being the loner.

Medical conditions seem to do that to groups.  Human empathy is supposed to, by myth and self-serving accolades, bring people together for support and community; but the opposite is more often true than not; that a change in the stock spreads rumors of a plague, making nervous the healthy components.  Or perhaps it is merely that strangeness cannot be dealt with, and the reactive response in general is to shun, isolate, and act as if the difference did not exist.

For Federal and 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, the sense that one has become a maverick among others is nothing new.  Whether because of the medical condition, or because of the reaction by one’s agency or Postal Service, being unorthodox or tagged as no longer part of the identifiable herd, is part of everyday life.

Filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, is merely the natural next step in being tagged as a maverick; for, having already been deemed different, it is time to step outside of the orthodoxy of one’s agency or the U.S. Postal Service, and set out for one’s future by creating a path hitherto untraveled.

Sincerely,

Robert R. McGill, Esquire

FERS Medical Disability Retirement: The Shrinking Attention Span

Social commentators have noted the prevalence of the decline of genuine empathy, often linked to a greater entanglement with the virtual world, as created by television, movies, media, the internet, and the exponential use of social media.  When emotions are spent and expended upon a lifeless screen of images and words, with limited encounters with actual human interaction, one wonders about the inevitable march of human evolution towards a world of emotionless drones and androids.

Science fiction is no longer a genre about the future; the future is now.  As part of the defining phenomena of our times is the shrinking capacity for holding one’s attention; for, as we become disciplined and attuned to view the entire lifespan of an individual or event within a 2-hour period — as that constitutes the estimated time of a film or play — so the capacity of a person to endure the patience to listen to, attend to, or otherwise sustain one’s attention for the true lifespan of an individual becomes correspondingly diminished.

Society no longer has the ability to focus, concentrate, or have sympathy for, conditions and events which last a real lifetime.  This presents a growing problem in our society, and one which is reflected in daily life.

For the Federal or Postal Worker who suffers from a medical condition, such that the medical condition impacts one’s employment arena in the ability to perform the essential elements of one’s job, the sustained reaction from one’s coworkers, supervisors and managers is a telling tale of increasing impatience with anyone and everyone who is not “fully productive”, as defined by a society of working drones.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, is an option which provides an outlet away from the compassionless environment of a Federal Gov. workforce which, once not too long ago, viewed themselves with greater empathy by embracing disabled workers and with great fanfare declared programs of accommodations and patience.  But somewhere along the way, the virtual world caught up with the reality of human nature; we are what we seek to become.

Federal Disability Retirement is an avenue of relief for the Federal or Postal Worker who requires an attention span greater than the time needed to view a movie; it is there for one’s lifetime, to attend to the realities of a world otherwise distracted by the glow of an electronic screen while one’s neighbor suffers real human needs.

Sincerely,

Robert R. McGill, Esquire
USPS Disability Retirement Attorney

 

Medical Retirement Benefits for US Government Employees: The Cold

“Cold” is a word with multiple meanings.  It can refer to the temperature of one’s environment; an infectious malady of common origins; or the emotional unresponsiveness of someone.  It can even be an adverb delineating the complete knowledge or mastery of a subject, as in, “He knew it cold”.

But temperatures can be countered; common colds have multiple remedies (though one wonders if any of them are effective, as opposed to bed rest and drinking fluids); and the adverb form is merely an informal allowance of language in a vernacular left for the younger generation.  We are thus left with the state of emotional paralysis — identified in one’s own being, or in another.

For the injured or ill Federal employee who is filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, such an appropriate identification of the concept and definition related to the emotional reaction (or lack thereof) by one’s own agency and one’s co-workers should be expected.

While it is a welcome and unexpected surprise if one’s agency and co-workers respond otherwise, it is simply the nature of human beings to respond with a herd mentality, and for the most part, once the Federal or Postal employee reveals the intention to depart from one’s agency, the common response is one which can only be characterized as “cold”.

Why must it be this way?

There is no adequate explanation.  But for the Federal and Postal employee under FERS or CSRS, who has had to endure the often unthinking bureaucracy of the Federal Sector, such lack of warmth merely exacerbates the dire situation of one who suffers from a medical condition which necessitates filing for Federal Disability Retirement benefits.

It is, indeed, a puzzle; for in the harshness of winter, where the cold winds blow, the emotional coldness of one’s workplace is somewhat akin the common cold — a nagging sense that something has gone awry, but most Federal and Postal employees know that cold, anyway.

Sincerely,

Robert R. McGill, Esquire

 

Postal and Federal Disability Retirement: The Tough World in Which We Live

We have little patience for puppies who are slow to learn; less time for platitudes of “How are you?” or to fully enjoy a chance meeting of someone whom we haven’t seen for a while; and none for the troubles of those we are not acquainted with.

It is a tough world in which we live.

Yes, the history of this society has been one in which tradition is naught and courteousness is merely a bypassing thought, dominated by the continual need to succeed and acquire the material comforts of life.  Immigrants came here, abandoning the history and traditions of the “old country”, knowing that the new beginning would be a void without depth, but one which accorded an ability to make a living.

For the Federal and Postal Worker who quietly suffers from a medical condition such that the medical condition impacts one’s ability to perform the essential elements of one’s job, the magnification of the harsh world becomes apparent through the reactionary indifference of fellow coworkers.

No, it is not a mere coincidence or oversight that the bond of camaraderie has been severed; no, it is not an accident that even platitudinous greetings are ignored; yes, it is the reality of the harsh world in which we live.

It is thus time to consider filing for Federal Disability Retirement benefits, whether under FERS or CSRS, and to seek a new beginning, a new vocation, and a life thereafter, by proving one’s case before the U.S. Office of Personnel Management.

Sort of like being an immigrant.  Or a puppy who needs a patient master.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Magnification of a Reputation

The person whose reputation precedes him/her has the disadvantage of having one’s actions immediately placed into categories defined by the perspective of prior judgments.  And so it is with Federal and Postal employees who begin to exhibit chronic medical conditions which impact one’s ability/inability to perform one or more of the essential elements of one’s job.

The Federal or Postal employee who begins to use up sick leave; who is viewed as doing less than his or her coworkers; who has taken LWOP and invoked the protection of FMLA; the reputation itself becomes magnified, to the extent that nothing which one does, accomplishes, or sets out to do is judged on its own merits; rather, it is within the perspective of, “Well, you know how it is with that person…”

Many a career path have been ruined because of the inability or unwillingness of an organization, an agency or a department to allow for a recuperative period of rehabilitation for a worker who suffers from a medical condition.  Medical conditions have an insidious way of not only debilitating a person physically and mentally; moreover, it infects the very environment of the workplace with gossip and malicious suspicions of motives and intentions.

Federal Disability Retirement is an option available for Federal and Postal employees who suffer from a medical condition such that the condition prevents one from performing one or more of the essential elements of one’s job, and further, if the condition will last a minimum of 12 months.  The chronicity of the condition is often more than physical or mental; it may well have extended into the nefarious universe of workplace hostility, and such an infection can only be cured by the extraction of the Federal or Postal worker from the workplace itself.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: The Runt of the Litter

It is interesting watching the behavior and interaction between the runt of a litter and the rest of the “healthy” puppies.  The runt is cast aside; the others, for no apparent reason other than because he is a runt, will focus upon the weakling and mercilessly attack him and take advantage of the vulnerabilities and weak spots.  For the runt’s part, it is a test of endurance and survival, and perhaps it is the very isolation and aggressiveness from others which tests the prospects for survival.

We humans like to think of ourselves as (to paraphrase Shakespeare), far above such animalistic behavior, and closer to the angels of heaven in our demeanor and virtues.  But in engaging the process of preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, from the U.S. Office of Personnel Management, it is clear that we are not far from the “runt-behavior” and the target of Federal agencies and the U.S. Postal Service.

Loyalty and camaraderie prevails on the surface so long as everyone is healthy; once a medical condition is revealed, the behavior of the aggressors manifests to the forefront.  Agencies comprise a collective and organic whole in their behavior and treatment of employees who exhibit a medical condition requiring the filing of a Federal Disability Retirement application.  Once the medical condition becomes apparent, and begins to impact one’s ability/inability to perform the essential elements of one’s job, the test of survival begins.  Empathy, a somewhat human quality, rarely prevails; and laws and rights must be invoked.

Think about it this way:  Do angels need laws to regulate their behavior?  Yet, human beings must have laws, and a vast abundance of them in order to ensure the protection of disabled individuals.  FERS & CSRS Disability Retirement is fortunately a compensatory system which provides some protection for Federal and Postal employees; and it is a system based upon laws — ones which are necessary to protect the runts of the world.

Far from being angels, we are closer than we think to the pack of dogs who wait patiently to see who the next runt is, and which one can be attacked.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: The Knowledge of Others

It is often the spouse, or even the unnamed friend, who comes to recognize the need — even before the Federal or Postal employee.  Whether because of the distance between the person and the medical condition, or out of pure empathy, the “other person” knows that it is time to file for FERS Disability Retirement.  When that knowledge is conveyed to the person who actually suffers from the medical condition itself, then it is beyond the point of filing; it is, indeed, time to file.

In preparing, formulating, and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the truth of the matter is that shirkers are rare, and a premature filing of a Federal Disability Retirement application is rarer still.

Federal and Postal employees who file for Federal Disability Retirement benefits wait until the point at which self-destructive continuation has already passed.  In fact, in many cases, the applicant’s own treating doctor has already repeatedly advised to “change jobs”, “switch careers”, “do something else in life before you really damage yourself“, etc.

That is why there is a (rightful) sense of injustice and unfairness when the agency itself is taken aback, and acts as if there is some nefarious motivation underlying the filing of the Federal Disability Retirement application.  However, what is important, as in all matters of importance, is the self-knowledge that it is indeed time, and those who question one’s motive know not what one’s family, friends, and caring “others” have already determined.

Sincerely,

Robert R. McGill
OPM Disability Attorney

OPM Disability Retirement: The Spouse

I find that when a person is filing for Federal Disability Retirement benefits under FERS, an important component which is often overlooked is the supportive spouse.  I often get calls concerning various aspects of the Disability Retirement process — not from the applicant, but from the spouse.  And, indeed, this is natural, because often the medical condition itself is serious enough that the applicant is unable to “handle” or “deal with” the complexities of the process itself.  It becomes further complicated when the medical condition which is suffered is a psychiatric condition — severe Major Depression, anxiety, panic attacks, suicidal ideations, etc.

However, whether it is psychiatric or physical, a supportive spouse — or “significant other” — is often very, very important to the success of the entire process.  Obviously, as an attorney who represents “the Client“, I must be careful that there is never a conflict between the Applicant (my client) and “the spouse”, but that is rare.  In almost all cases, I find that the spouse is looking after the best interest of my client, and I am happy to talk to and update the spouse on any and all issues surrounding a FERS Disability Retirement case, because I know that he/she is looking after the best interests of my client, just as I want to.

Sincerely,

Robert R. McGill, Esquire
Federal Disability Retirement Attorney