OPM Disability Retirement under FERS: Interests at odds

A comity of interests has to arise in order for relationships to “work” — in whatever arena of meaning such a term must apply.  When interests are at odds, it means that the goals, orientation and direction of each of the parties are conflicted.  A “conflict”, of course, can be direct or indirect, and can be on various levels of complexities, but in general would imply a need to sever ties unless such conflicts are resolved.

In the employment arena, the comity of interests is fairly straightforward: The employer has a set of interests that need to be pursued; the employee, desiring to advance the interests of the employer, agrees to join in with the comity of interests in the common pursuit of stated goals.  Compensation is agreed upon; certain conditions are mutually stated and a contract, whether explicit or implied, is formed.

Conflicts may arise during the course of employment, of course; if a competitor makes an offer to the employee unbeknownst to the employer that directly or indirectly conflicts with the stated goals of the employer, certain ethical questions may arise.  Or, if certain employment conditions fail to be met, the “interests” of each begin to be “at odds” — an odd way of putting it, but that is the lexicon that has arisen in the employment arena.  It is almost a euphemism to avoid the harsh reality of other “choice” words.

Medical conditions can certainly “bring to odds” and damage the employer-employee relationship, and certainly Federal employees and U.S. Postal workers recognize that.

The “solution” that has been preemptively provided is the benefit known as “Federal Disability Retirement” — it is a means to avoid or otherwise resolve the conflict that arises when a Federal employee or Postal worker can no longer perform one or more of the essential elements of one’s Federal or Postal job — where, in the event of a medical condition no longer allowing for the Federal or Postal employee to fulfill certain of the employment conditions agreed upon (i.e., not being able to maintain a regular work attendance; unable to work full time any longer; taking too much SL or LWOP; unable to perform all of the essential elements of one’s job, etc.), then it is time to access the benefit of filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Of course, the “interests at odds” is not just between the employee and one’s own Federal Agency or the Postal Service — it is also as against another agency: The U.S. Office of Personnel Management who attempts to subvert, deny and otherwise place obstacles in obtaining an “approval” for Federal Disability Retirement benefits.

That is why the “interests at odds” needs to have an advocate — of an attorney who specializes in Federal Disability Retirement Law.  Consult with an attorney who can help you attain the comity of interests, and to counter that entity which clearly is at odds with your interests.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The respite

It is a time away; perhaps, a momentary lapse; that fifteen minutes of drinking one’s coffee while daydreaming, or lost in the saucer of one’s teacup in a vintage reflection where the slight crack in the china allows for memories to reclusively drift into never-ending smiles of forlorn embraces.

The respite is that time of getting away, of a break from this maddening world; of forgetting troubles for a moment; of not considering the financial and economic turmoils both of a personal nature and of a macro-sensibility that tends to haunt; and of a period of peace when we can just forget.  Maybe it is the 3-day weekend; or, perhaps just a memory of that time years ago, before screaming kids came upon us, prior to responsibilities and obligations squeezing the air out of pleasure and peace; or even a distance of yesterday or the day before.

Then, there are those who never have a respite; medical conditions tend to do that to us all.  They remind us of our mortality, our frailty, our inability to cope with the reality of a harshness when an isolated island echoes from dark caverns within.  Reality is a cruel thing; it quashes all dreams and hopes, and leaves one with a pit that is bottomless and without a sense of a future.

For Federal employees and U.S. Postal workers who are unable to find that moment of respite because of a medical condition that prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it is time to consult with an attorney who specializes in Federal Disability Retirement Law, to begin the process of formulating and preparing an effective Federal Disability Retirement application, to be ultimately submitted to the U.S.Office of Personnel Management.

Time is of the essence; time is precious; a time of respite is deserved by us all, and the turmoil of remaining at a job where the Federal or Postal employee can no longer perform is often the obstacle to the needed respite, and that is why filing for Federal Disability Retirement is so important.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from the OPM: Changes we resist

It is almost a tautology; two words placed together as synonyms; and, indeed, the word “change” and its neighbor, “resist” have a commonality that cannot be avoided: Both imply an alteration and a sense of life’s modification never to return back.

We resist it, precisely because we want it to remain the same; but change is inevitable, and to resist is to often engage in acts of futility against a tide which resists resistance.  Few of us welcome, let alone savor, changes in our lives; and when they first appear on the horizon of potentiality, we try and resist, to stop it, to alter the course of history’s onward march.

Perhaps we merely refuse to join in with the change; or have an inner attitude of non-acceptance; or sit gloomily and pout throughout the remainder of days simmering with resentment that we were forced to accept that which we never wanted.  It is like the divorce that shattered one’s childhood and from which we never recovered; the stepmother or stepfather who entered our lives only added salt to the wound where change was resisted but no one listened to our protestations and pleas, asking, “Why can’t it be the same as always?”

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition impacts one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal job, “change” and the “resistance” to change are inevitable dualities of life’s misgivings.

Perhaps you were once at the “top of your game” and considered the best at what you do; or, perhaps you thrived on anonymity and were happy to work in a quiet, unassuming way.  Regardless, the very thought of change is something you resisted, but a medical condition forced such a change whether you like it or not.

Change itself is always difficult, but there are ways to mitigate the vulnerabilities that accompany change: Consult with an attorney before engaging battle with the U.S. Office of Personnel Management in filing for Federal Disability Retirement benefits.  For, while change may be like the uninvited stepmother or stepfather into one’s life, the change that truly becomes a tumultuous event is the one where you step forward into the unknown without any guidance or assistance.

Consult with an attorney who specializes in Federal Disability Retirement Law in preparing, formulating and filing for Federal and Postal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Desperation in a time of crisis

There is the crisis, perhaps born of a lingering problem allowed to fester and froth until the boiling point allowing for a simmering of persistent steam to rise and spill over; and then, of our reaction, our departure point where sanity and coherence become overwhelmed and replaced with a sense of doom.

We have all been through a crisis; it is part and parcel of a life lived; and though we never ask for it, it comes when least expected, when we are most vulnerable, and when we believe that we can no longer withstand the tornado of unbounded fury.

There have been moments where the crisis naturally passes, and we simply must await its presence and ultimate disappearance.  Then, there have been ones where we have the strength to muster, to counter and fight, and to overcome — and those are the ones where preparation in youth in replenishing and fortifying one’s strength of character and resolve allowed for the abundance of that inner reserve to take over, almost as if a transcendent, supernatural force took control and led one to greater heights of one’s capacity to withstand and defeat.

Then, at other times, where human strength alone may not have been enough, and it was the support of others — friends, family members, and even the family dog, who allowed one to survive and to continue on.  But it is the last within the list of responsive capabilities — where the crisis comes, and one’s sense of desperation in a time of crisis becomes apparent, and that is when the danger-point comes to the fore.

Desperation in a time of crisis is when one’s strength has been sapped; when the vulnerabilities are revealed like an open sore inviting infection to spread; and when no amount of support from family or friends can appease the soul of the epiphany of sorrow that will not be comforted and where the heaving sobs of despair cannot be stopped.  It is those times when some glimmer of hope must be shone, for it is desperation in a time of crisis that brings a person to the edge of the proverbial cliff, where the jagged rocks of life below foam with an unwary eye of remorseless undercurrent in dousing the flame of life’s gift.

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, it is important not to allow for the growing medical crisis to become a moment of desperation in the time of crisis.

Consult with an attorney who is experienced in OPM Disability Retirement Law; allow for the door of hope to remain open, and do not allow desperation in a time of crisis to defeat that which may yet have a solution; it’s just that you may not know about the solution, but consulting with a Specialist in the field of FERS Disability Retirement Law may be the pathway out of a misperceived situation of desperation in a time of crisis.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Trapped, the feeling

It is an unmistakeable sense; of panic which may ensue, or a narrowing of the universe where being shuttered, the walls shrinking, a sudden and overwhelming feeling of claustrophobia; and of physical manifestations, of an inability to breathe, of constrictions and lameness of limbs; it is all of being trapped, the feeling.

It need not be in a physical sense; a psychological condition that is just as real as the reality of the chair one sits upon; but others cannot see it, empathize about it nor conduct one’s actions toward ameliorating the condition; for, in the end, being trapped, the feeling, is an existential condition that can only be cured by first recognizing the source of one’s situation.

Observing an animal, trapped can evoke an empathetic comity of such feelings; we “know” how they “feel” just by the mere manner of actions they reveal.  The pacing back and forth; the eyes which tell you of their anxiety and distress; and constant movements in a frenzy of attempting to escape.

We have all been beset with being trapped, the feeling, and not knowing where to turn to, how to escape, what to do.  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, being trapped, the feeling, often accompanies one’s situation when handling both the medical condition and the reaction of the Agency or Postal Service.

The vicious circularity that begins to swirl like the formation around the hurricane’s eye or the tornado that touches down upon flat plains near an unwary midwestern town — of the increasing pressures being placed by the Federal Agency or the Postal Service and the need to attend to one’s medical conditions — at some point, something has to “give”.

Preparing a Federal Disability Retirement application, to be ultimately filed with the U.S. Office of Personnel Management, is often the “escape route” available.  As to understanding the various exit points, the method and manner of escaping — for that, you should consult an attorney who specializes in preparing, formulating and filing a Federal Disability Retirement application, and one who performs the practice of law exclusively in the area of Federal Disability Retirement.

Being trapped, the feeling, is never a “good” feeling; but consulting with an attorney who specializes in finding the best approach in formulating an effective Federal Disability Retirement application allows for its opposite and positive feeling: being freed, the sense of elation.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Seeking stability

It is the constant tension between Parmenides and Heraclitus — those Pre-Socratic philosophers who first looked for a metaphysical foundation in comprehending the complexity of the universe.  In general, the former is known for his view about the ”oneness” of the universe; the latter, famously attributed with the statement that “No man steps into the same river twice”.  Both address the issue of the encounter with “Being” as Being itself, and not for any particular being.

Do the perspectives and philosophical beliefs of such “ancients” matter to us today?  Of course, we have only mere fragments of the writings of both philosophers, and so any attribution of thought may be tenuous, at best.  Nevertheless, it is the ongoing and historical tension between the two lines of thought which has any relevance or applicability for the modern individual.  That tension has to do with the manner in which we live, the outlook of our perspectives and the human need for constancy in a universe that often seems to be in perpetual turmoil.

Whether on a “macro” scale — i.e., of world affairs, the domestic front or even local news — one needs only to turn on the television to recognize the multifarious troubles of daily life.  Or, on the “micro”, more personal side: perhaps the illness of a loved one; the loss of a job; interpersonal relationships deteriorating — or a medical condition that has become chronic, where a Federal or Postal employee is concerned.

We all seek stability — a view like Parmenides’ philosophy — where we seek to have a sense of calm and quietude.  But the fact is that reality seems to always favor Heraclitus — of life as a stream that changes minute-to-minute, and a medical condition represents just that: a state of constant flux where stability will not yield.

For Federal employees and U.S. Postal workers who need to find some stability in their lives, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS, CSRS or CSRS Offset, is often the next logical step out of the turmoil and crisis that is created at work.

Seek the advice and counsel of a lawyer who specializes in Federal Disability Retirement Law in order to know your full rights.  Seeking stability in a world of turmoil is a very human need which we all desire, and for the Federal or Postal employee who can no longer perform one or more of the essential elements of his or her Federal or Postal job, the pathway of Parmenides is preferable to the rivers of Heraclitus.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from the OPM: The Fight

Perhaps it is the remembrances of the Ali-Frazier era, or of one’s own childhood where we suddenly broke out into a melee of rash encounters; or maybe one is timid and never provokes, avoids all hostilities, diverts from any potential conflicts; whatever the background, there are fights that we remember, whether as a spectator or as a participant.

Was it the last shouting match with one’s spouse, where bitterness spewed and names were called when, once the butterfly of a stinging shadow left the lips that had been sealed with a promise, a shrug for regret overshadowed?  Was the provocation mere tiredness and stress such that upon the pent-up release of attacking the very one you love, you already felt better and thought, “Now, what was that all about?”

The Fight” is the unreleased energy within, always ready to explode upon the provocation of a volcanic eruption needing the outlet waiting for an opening.  It is when we no longer have “the fight” within us that souls wither, personalities begin to diminish, and the flattened effect of a once-lively self begins to devour itself.  There is “the fight” within each of us, but life, circumstances, and especially medical conditions can begin to dampen, diminish, then destroy that spark of the rebel.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to destroy “the fight” within us, it is time to recognize that staying with the Federal Agency or the particular Postal Facility is an unhealthy situation on top of the medical condition already suffered.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether under FERS, CSRS or CSRS Offset, is not an avoidance of a fight, nor an admission of defeat; rather, it is the last and true fight to win.

It is “The Fight” in order to preserve and protect one’s future, and not to simply walk about from all of that invested energy previously placed so prominently into one’s Federal or Postal career.  And remember that it is always prudent to hire a ringside trainer — an attorney who specializes in Federal Disability Retirement Law — in order to get that “knockout” win by getting your Federal Disability Retirement approved.

Sincerely,

Robert R. McGill, Esquire