Tag Archives: a battle worth fighting for against a very strong and resourceful opponent

Experiential Responses: Medical Retirement for Postal & Civilian Federal Employees

Life’s garbage is supposed to teach us lessons; that is what we are taught from a young age.  Thus, long lines allow for an opportunity to test patience; insults and ingratitudes, self control; imprudent behavior, an antipathy towards it; lengthy battles, allowing a lesson to forge on while others give up; and similar encounters which provide ample revelations for altering one’s natural instinct of regressive responses.

But the other force which powers its way in an insidious and countermanding manner, is the very negation of lessons learned: of finding security in habitual and repetitive behavior; of responding in a known manner, because past actions of an established quality provide a zone of comfort in contrast to an unknown future.  But medical conditions in and of themselves are unknown factors which impede, intrude, and interrupt.  Sometimes, not acting is as deleterious as proceeding against life’s lessons, learned or yet unachieved.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition not only impacts one’s ability and capacity to perform all of the essential elements of one’s positional duties but, beyond that, has already impacted the extent of experiential encounters with one’s agency, supervisor, coworkers, etc., it may be that one must reconstitute and consider changes which may be anathema to one’s very nature: patience for long-term treatment may not work, as one’s agency may be impatient; self-control towards the ingratitude manifested may not be enough; and imprudent behavior engaged in by one’s agency may be an acceptable norm of standards to follow.

Federal Disability Retirement benefits are meant to allow for the Federal and Postal employee to attain a level of livelihood in order to attend to the most important of life’s experiential encounters: one’s health.

While filing for Federal Disability Retirement benefits, whether one is under FERS or CSRS, may feel like one is “giving up” instead of forging forward despite adversity; the reality of it is that filing for OPM Disability Retirement does not constitute defeat or surrender, but rather an affirmative move to change the stage of the battlefield.  Further, in life, it is not always the “good guy” that wins. Sometimes, the guy in the white hat must walk away, only to see another day to engage the greater battle of life.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: The Silhouette Man

The object/subject issue pervades discussions in Western Moral Philosophy; in simplified form, of the ethics of treating one’s fellow human being in a one-dimensional manner, as an object to be manipulated, deprived of, worked about, etc. Like a silhouette in front of a moonlit sky, objects in the world, both animate and inanimate, are encountered by the subject of “I”, and until a personal engagement involving conversations, exchanging of information, and other intersections of relational entanglements, the pathway of the subjective merely observes “others” as objects, with anthropomorphic projections of assumptions that moving creatures and other fellow beings also walk about with a similar consciousness as the “I” which occupies one’s particular body in a given space and time.

Supervisors and managers often treat employees in such a manner, despite years and even decades of an established employment relationship. “Go ask Ed, the IT guy”; “That’s Bob the Engineer’s department”; and similar such references which imply that, beyond the limited scope of what X is known to do within the narrow confines of work-related issues, nothing further is known about, or related to, in referring to a particular person.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition begins to impact one’s ability to perform the essential elements of one’s job, that is precisely what begins to happen, isn’t it? “John — you know…” “Karen — she called in sick again.” “Kevin won’t do that — you know, his ‘condition'”. And with knowing looks and furtive smiles, the reference to the one-dimensional aspect of having pigeonholed the individual into a recess of definitional confinement: the medical condition defines the Federal and Postal employee, and is known exclusively and objectified in concretized form.

That is why Federal Disability Retirement benefits are often the only viable option left for the Federal or Postal Worker; for, in being treated as a one-dimensional object, the ability to relate to others in the workplace in a subject-to-subject manner is lost, and often forever. Federal Disability Retirement benefits are available for all Federal and Postal Worker who are either under FERS or CSRS, if the minimum service requirements are met (5 years for those under CSRS, which is a given; 18 months for those under FERS). It is filed through the U.S. Office of Personnel Management, and is an employment benefit accessible for all Federal and Postal Workers.

Such accessibility allows for a passage away from a seemingly one-dimensional universe beset with suspicion, whispers, retaliations and shunning, and allows for the complexities of every human being to escape being viewed as a mere silhouette, like a cardboard figure at an amusement park waiting for a pop-gun to shoot it down.

Sincerely,

Robert R. McGill, Esquire

 

Federal Worker Disability Retirement: The Noise of our Lives

Is noisiness determined solely by the physical vibrations and reverberations impacting upon the mechanism of our ears? Can one be overwhelmed by internal noises, shouting and clamor despite sitting in the quietude of a noiseless room? Is it noisier when there are visual activities which seemingly occur simultaneously, such that the combined stimuli of the visual coinciding with the clatter of the surrounding world sprays us with such sensation-overload, like a meteor shower upon a lifeless planet? And do the things we engage in life seem like a hollow shout for help in the middle of the night, when in the still of twilight we fear awakening our loved ones but at the same time provoking the imaginary intruder hiding in wait in the dark recesses of our fearful imaginations?

Often, it is calamities and intercepting issues in life which jolt our consciousness into realizing that much of life is mere clamor, and the majority of movement is meaningless activity upon a treadmill to nowhere. When chronic pain, psychiatric conditions, and medical conditions which impact one’s mind, body and soul, interrupt the flow of mindless activity like a cauldron of shattered pieces from one’s life, there comes a realization that work at the expense of health is simply not worth it.

When that moment of realization arrives, consideration by the Federal and Postal Worker needs to be made, to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal Worker is under FERS or CSRS. It is an employment benefit existing to address those very issues of the impact of a medical condition upon one’s capacity and ability to continue to perform the essential elements of one’s job or profession.

It allows for a respite from the cauldron-filled clamor which is stirred and brewed by the witch’s hand of knowledge; and upon a successful attainment of Federal Disability Retirement, it is one’s hope that the Federal or Postal employee hears merely the click of heels, and not the harsh, echoing laughter of an agency which once stood over the stirring pot of one’s life.

Sincerely,

Robert R. McGill, Esquire

Federal Gov. and USPS Disability Retirement: The Rise

It is attributed to objects and people; the sun does it in the morning and the moon at night; tides rise and fall; employment rates, statistical variables; the careers of people; and for this coming week, the anticipation of religious significance and theological arguments over the historical occurrence of a matter specifying an Easter Event.

As a noun, it is used to describe great historical events of a period: The Rise and Fall of the Roman Empire; the Rise and Fall of the Third Reich, etc.  In entertainment circles, a variation of it is often applied, as in, “is X in or out?”, or “Is Y up or down?” Whether the bread rises sufficiently, or we miss witnessing the sun rise on any particular day, shows the vast array of elasticity in how we apply a particular concept in everyday usage.

Technically, of course, neither the sun nor the moon ever “rise”; rather, the rotational perspective from any given viewpoint provides an illusion of such a phenomena.  When it comes to describing the state of an object, such loose usage of language is harmless; but when applied to a person, one should remain vigilantly sensitive to such choice of descriptive language.

For Federal and Postal employees who suffer from medical conditions, such that their careers “rise or fall”, or their individual and professional status and stature go “up or down”, the impact upon such lives matter beyond everyday and common application of language.  The rising fortunes and falling health of Federal and Postal employees should matter to those beyond family and friends.

The options?  Filing for OPM Disability Retirement benefits is one option.  It is a benefit which is available to all Federal and Postal employees who have the minimum number of years of service, but one which must be proven to the U.S. Office of Personnel Management.

And what of that event previously referred to for this coming week?  That is the one account where, by those who apply significance to the event, the second half of the description never came about: the rise occurred, but not the fall; or, another way to put it is that the rise conquered the fall.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: The Bureaucracy

Most people, organizations and entities do not act with deliberate ill-intentions; rather, they fail to think, and actions emanating from thoughtlessness often constitutes the negation of good.  Bureaucratization often results in the unintended consequence of negating the good; for, in following a set pattern and algorithm of administrative procedures, consideration for individual circumstances cannot be excepted.

One can argue, of course, for the positive aspects of a bureaucracy — of the equal treatment of all; of applying the same standards and criteria across the board, regardless of individual needs; and there is certainly something to be said for expunging the capacity for human favoritism.  But bias and favoritism will always pervade; it will merely take on a more insidious form.

For the Federal and Postal Worker who is suffering from a medical condition such that the medical condition is impacting one’s ability to perform the essential elements of one’s job, encountering the bureaucratic process of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management will become a necessary evil to confront.

The key to a successful interaction with the administrative process will be to reach beyond the faceless bureaucracy, and to make relevant one’s own particular and unique facts and circumstances.  That is a tall order to face, in the face of a faceless bureaucracy.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for American Federal Government Workers: Timing and Impatience

In the United States, we have come to expect efficiency and effectiveness; that is the nature of our history, and precisely why the prevailing philosophical engine has been that of “pragmatism“.  But countries evolve over time; bureaucracies become burdensome; the character of a nation may slowly, almost imperceptibly, change and alter.  Further, some actions are within the purview of one’s ability to impact; other issues are entirely outside of one’s control.

For the Federal or Postal employee contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to distinguish between those aspects of the administrative and procedural issues which can have some exerted control, and those which are well beyond one’s sphere of influence.  For, the test of one’s patience and growing sense of impatience will often be determined by a recognition of that which can be influenced, and that which has little to no access for such.

Timing issues can often be controlled, as in when to file; but as for the timing of OPM’s determination, that is another matter altogether.

Patience is unfortunately a virtue which is being daily tested by Federal agencies; the practical reverberating impact is upon the individual Federal and Postal employees who are filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management (the Agency that approves and manages Disability Retirement for all Federal Employees in America)  That, too, is something which is historically inevitable — it is the individual who is impacted, while the faceless “agency” goes on about its business.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Dealing with Adversity

How does one deal with adversity?  When the adversary is a faceless entity, a bureaucracy which acts as a behemoth of epic proportions, one must take care in choosing the proper battle to engage.  For, ultimately, the victory or loss of a battle is often determined by logistical considerations — of where and when it is fought.

Further, it is important to identify who the “enemy” is against whom one wages a battle.  Is it a separate entity, or is the real enemy one’s self?  When an individual is suffering from a medical condition such that one is weakened, others will often begin to smell the scent of such weakness, and begin to prey upon the deteriorated state if is “worth the while” to fight against the agency, the system, and the entirety of the Federal Bureaucracy.

It is well and good to say, “I’m not giving up” and to fight for one’s rights, but at what cost?  At the cost of one’s health?

More often than not, it is a smart strategic move to leave the battle s of being.  That is the law of the runt; it is the rule of the world.  For Federal and Postal employees who find themselves in a position where one’s medical conditions have deteriorated to a point where he/she can no longer perform one or more of the essential elements of one’s job, it is important to consider whether to recede, and go into the quietude of the morning sun, in order to find the space of recuperative peace, in order to come back to battle another day.

Federal Disability Retirement through the U.S. Office of Personnel Management is just such a safety hatch; and whether you are under FERS or CSRS, it is a consideration worth noting, and taking, in order to regain one’s strength, to come back for another day — next time, from atop the vantage point of a hill, instead of looking up from the valley of death and destruction.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement Benefits for US Government Employees: The Game of Go

The game of Go involves planning, strategy, finesse, a sense of when to aggressively pursue, and a lesson of when to withdraw.  It is a game originating from China, thousands of years old, yet identical in play and rules today.  It is a game of daily living; and, indeed, even the tactile component of feeling the soft smoothness of each stone as you place them on the surface of the playing board, along with the geometric beauty of the patterns which your opponent complements as you lay your handiwork — all with the attribute of two basic colors:  black and white.

One can always make too much of an analogy between sports and life; fiction and reality; a mere game, and a process.  Games ultimately are what they are:  a play which, in the end, has no significance beyond the entertainment of the moment.  But some games help to sharpen one’s sense of daily living.

The metaphor and analogy to be applied between the game of Go and practicing law, including preparing, formulating and filing on behalf of Federal and Postal employees to obtain Federal Disability Retirement benefits from the U.S. Office of Personnel Management, is the need to understand the process; to present the evidence in a bold and unabashed manner; and to understand the “opponent” and what the opposition represents and will likely do.

Preempting what the U.S. Office of Personnel Management is likely to do in response to one’s handiwork, is an essential part of both the game of Go and of any practice of law.  That is why a legal strategy is important and relevant in the preparation of a Federal Disability Retirement application — for, like the game of Go, unless you make the proper connections between the medical evidence, the law, one’s positional duties, and one’s statement of disability, you will be surrounded by your opponent’s tactile placement of experienced handiwork, and find that all of your efforts have come to naught.

Sincerely,

Robert R. McGill, Esquire

Waiting to Get your Federal Disability Retirement Benefits?: Well Worth It

There are many stories out there.  Indeed, as many Federal and Postal Workers who live and work throughout the United States and in Europe, Japan, and across the spectrum of the world, there is a microcosmic, personal story to be told.  That is the point of Chekhov’s short story, “Grief”, in which the father needs to relate the narrative story of the tragedy of his son’s death.  

In the impersonal world within which we live our lives, as a cocoon untouched and untouchable, there are stories and tragedies which we know not about.  Then, there are the narratives of successful outcomes; of those Federal and Postal workers who have filed for Federal Disability Retirement benefits, who — years later — relate tidbits of starting second vocations, of having the opportunity to rehabilitate from their medical conditions, and to start “new” lives.  

The “present” and “now” is always a time of anguish, especially if one is suffering from a medical condition, or is awaiting a decision from the U.S. Office of Personnel Management for a Federal Disability Retirement case.  

Is it worth the wait?  To ask that in the present-tense is probably not the right question.  Rather, once a Federal or Postal worker has filed, has obtained an approval, and has taken some years to move on into another stage of life, the time to ask the question is probably in a retrospective manner:  Was it worth the wait?  

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the Federal or Postal employee who intends on filing must understand that it can be a long and frustrating administrative process.  Hopefully, however, the hope of the future is what makes the waiting worthwhile.  For, without the hope of the future, we would all be stuck in the drudgery of the present.

Sincerely,

Robert R. McGill, Esquire