Tag Archives: a difficult decision an ill federal worker must make: filing for disability

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

 

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 Disability Retirement: Cognitive Dualism & the Two Incommensurable Paths

Cognitive dualism is the concept that one cannot hold onto two competing and contradictory beliefs while maintaining a life of integrity and consistency. It is tantamount to suffering from a form of intellectual schizophrenia, potentially resulting in dire consequences and paying the price for attempting to force the cohesiveness of two incommensurable paths.

The anxieties which exponentially magnify; the undue stresses which naturally result from attempting to retain the impossible; at some point, the natural divergence of both will force the split, or in modern domestic parlance, determine the “uncoupling” in a nasty divorce of ideas.

For Federal and Postal employees who must contend with the inconsistency of attempting to address a medical condition while at the same time keeping control over one’s employment, such cognitive dualism becomes a harsh reality which is confronted daily. How does one deal with the serious medical issues, which should always be the priority, while at the same time address the impact upon one’s inability to perform all of the essential elements of one’s job?

The two incommensurable paths may come to a crisis point, where both cannot be adequately maintained.  It is at this point that the Federal or Postal Worker must consider the option of Federal Disability Retirement.  For, Federal Disability Retirement benefits are precisely those employment benefits available for the Federal or Postal Worker who finds him/herself in such a situation of cognitive dualism, where two incommensurable paths must necessarily be addressed, and one must be chosen.

The stark reality and the harshness of the choice would be: one’s health, or one’s job. But for Federal and Postal employees, there is a “third” path — that of Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS or CSRS, and filed through the U.S. Office of Personnel Management.

Thus can cognitive dualism be reconciled where two incommensurable paths may seemingly diverge, and allow for a compromise of sorts, by fighting for an approval of a Federal Disability Retirement annuity through the U.S. Office of Personnel Management. Not all paths must split into two, where choices are bifurcated into an either/or; instead, sometimes one must find the hidden path through the grassy knolls less traveled.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Workers: Cower v. Cowardice

To cower paints a word-picture of crouching or retreating in fear.  Cowardice, on the other hand, is the cumulative character of a man or woman, wrought upon through a lifetime of milestones and the reactions to each.  The latter can represent the aggregate of the former; the former may be, but is not necessarily, a singular action symbolizing the former.

Sometimes, there is a basis for being fearful.  Fear is quite obviously an evolutionary instinct which has a survival value attached; how one responds to the overwhelming stimulus of fear will often determine the value of such survivability instinct. But to cower in response to a given circumstance, a sudden crisis, or an unforeseen emergency is not to conclude cowardice; it is, as Aristotle would point out, merely one indication in a lifetime of red flags determining the linear value of one’s essence.

For the Federal or Postal employee who must face the crisis of a medical condition, such that important decisions must be faced, made and lived with, the step to Federal Disability Retirement is one fraught with the fear of the unknown: for one’s future, one’s vocation, and one’s financial security. To cower in confronting such a major decision is understandable; it does not indicate a character of cowardice. Facing a medical condition takes fortitude and clarity of mind, and in the midst of dealing with the crisis itself, it is often difficult to make cogent decisions ancillary to contending with one’s health issues.

Preparing, formulating and filing for Federal Disability Retirement benefits, whether one is under FERS or CSRS, and filed through the U.S. Office of Personnel Management, is a daunting task which requires mental acuity and intellectual stamina. In one’s weakened state, it is often advisable to have objectivity and good counsel. To cower in the face of a challenge is sometimes understandable; but to reveal cowardice is unnecessary, especially when the Federal or Postal employee who must decide upon the issue of filing for Federal Disability Retirement benefits can turn to competent assistance to guide one through the complex process of the administrative morass.

Sincerely,

Robert R. McGill, Esquire

 

Federal and Postal Disability Retirement: Waiting for the Perfect Storm

Calamities can be admired, if from a distance; and the labeling of a natural event as the “perfect storm” reveals a conceptual sense of awe for that which is at once destructive, but simultaneously of sufficient power as to demand respect. It has come to mean the coalescence of elements and circumstances which, each in their individually separate characteristic, may result in a force of some sufficiency, but in the collective combination, enhances an exponential magnitude well beyond the capability of potency generally imagined.

Such occurrences are rare, and the statistical chances of attaining such perfection of disparate elements to be coordinated in time, space and defying potential variances, results in the rare aberration of such events. To wait upon such an historical event is to defy the odds; to expect to witness one in one’s lifetime is to disregard the astronomical statistical anomalies.

Such rarity of events, however, are just as often ignored in other arenas of life, though perhaps of lesser impact upon the world at large, including personal calamities involving the introduction of a medical condition which impacts one’s life. Federal and Postal Workers who are beset with a medical condition such that the injury, disability or progressively deteriorating condition may prevent one from performing one or more of the essential elements of one’s positional duties for the Federal government or the U.S. Postal Service, will often engage in procrastination in filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, by waiting upon the coalescence of all elements to a point of perfection — of waiting, in essence, upon the occurrence of the perfect storm.

Such delay is merely an excuse to fail to act, precisely because the coordinated combination will almost always have some elements missing. In responding to a crisis, there is rarely a right time; instead, the very definition of a crisis involves the rarity of the event, guided by the timeliness of an action in order to avoid the beauty and destructive force of that perfect storm.

Sincerely,

Robert R. McGill, Esquire

 

CSRS & FERS Medical Disability Retirement: Development

Aristotle speaks often in terms of the spectrum between potentialities and actualization, revealing the philosophical concerns surrounding man’s ability to discern reality from appearances, scientific certitude as distinguished from mere opinions; and, in the end, the capacity to bifurcate truth from falsity. As Pre-Socratic philosophy brought out the problems of an ever-changing world, with Heraclitus and Parmenides as two classic examples of the focus of inquiry, so the underlying and common thread remains even with us today: How, in an ever-changing universe, do we attain some semblance of static certainty?

Anxiety during the development or waiting periods

Anxiety and stress during the development or waiting periods.

Medical conditions tend to bring to the fore a sudden change which is not merely problematic, but impacting upon all sectors and areas of one’s life. The quietude of the normal and mundane is suddenly turned upside down; that which we relied upon, and for which we worked so hard to achieve, are all suddenly in a state of disarray and disruption.

As certainty is the harbinger of security, so constant flux remains the loosened bolt which potentially unhinges such security. That is why, for Federal and Postal employees who are in the “development” stage of either preparing, formulating or in the process of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS or, in the long and arduous “waiting” stage in anticipation of a decision to be rendered by OPM, a constant sense of anxiety and angst prevails, precisely because the lack of certitude in bringing about stability is presently ever-pervasive in one’s thoughts. Perspectives are important in the quest for truth.

Both Plato and Aristotle recognized the subjective factor of perceptual idiosyncrasies amongst species.  Development of a case for Federal and Postal Workers who are filing for Federal Disability Retirement benefits, will continue to remain in a state of flux, uncertainty, and insecurity. And like the metaphorical river into which Heraclitus walks, revealing the constancy of change and stream of flux, until a decision is rendered by OPM, life remains a metaphor for development into the unknown.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: Rubik’s Cube

Why we spend so much time of our lives attempting to return and reattach ourselves to that which once was, is a puzzle of human nature.  Comfort zones and childhood safety sensations of warmth and security; and yet, often the reality is that, to cling to something gone is best left behind, and the romanticization of past events is the undoing of present paths of success.

The frustration of fiddling with Rubik’s Cube is an anomaly; once the cube has been rearranged out of the original order of colors, we spend countless hours attempting to return it back to its state of inception.  In life, as in virtual reality, as in the games we invent to whittle away time, we perpetually attempt to return to the origin.

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 job, that same characteristic of “holding on” to the security of that which we are fondly familiar with, is often the making of our own downfall.  While we try and return to the place of bygone days, the agency moves steadily forward, but without the baggage of romantic notions of loyalty and keeping to the past.

If you are not fully productive, they will find someone else who is or will be.

Like the repetitive attempts to solve the puzzle of Rubik’s Cube, the frustration of trying to change the lumbering course of an agency’s methodology of interaction with its employees will leave one to merely run on a treadmill which goes nowhere.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, is an option which is available for all Federal and Postal employees who have the minimum years of service (18 months of Federal Service for FERS employees; 5 years of Federal Service for CSRS employees).

If attempting to solve the puzzle of Rubik’s Cube is performed merely as a leisurely exercise, that is a productive distraction.  If, on the other hand, it is a metaphor for engaging in the substantive labors of life, then it becomes an exercise of frustration leading to dire consequences of epic proportions.

Sincerely,

Robert R. McGill, Esquire

 

Postal and Federal Disability Retirement: Real Things, Once Upon a Time

One wonders the precise point in historical time when Man decided to consciously escape the harshness of the objective world.  It is perhaps when Kant identified the bifurcated world into the phenomenal world which we experience through sense perception, as opposed to the “noumenal” universe beyond our ability to perceive or even experience.  By creating such a distinction, he at once solved the problem of metaphysics by banishing that which we cannot experience, into a segmented concept of irrelevance.

But within the perceptual world of our daily experiences, we then went on to create other worlds — ones which included virtual realities.  At first, one had to travel elsewhere, to video arcades and malls, in order to escape for a brief moment into the world of other galaxies and wars fought within the constraints of 2 x 3 screens. Then, such parallel universes were allowed into our homes through video monitors hooked up to television sets and the like; then to desktop computers, and the rest is now ancient history.

Our escapism into the virtual reality within the perceptual reality of our categorical constructs, continues with each breathtaking “new” and “better” invention, allowing us to lose ourselves into the fantasies of our own making.  But the harsh reality of the world around us does not diminish. When, for example, we are hit with a medical condition such that no amount of escapism works to make the impact disappear, then we have no choice but to directly confront and engage the reality of life.

For Federal and Postal employees faced with the reality of the medical condition, such that the medical condition impacts the ability to perform the essential elements of one’s job, it becomes important to confront such a reality by gathering all of the useful, pragmatic, and helpful information in making the proper decisions for one’s future.

Filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS; how that impacts with one’s age, number of years of Federal Service, etc., must all be taken into account in making a proper decision.  Such a time as now, when one is surrounded by parallel universes of playful electronic media, must be set aside in order to “deal” with the reality of one’s situation.

Virtual Reality is just that — not quite real.

The reality of the real is what must come first, and for the Federal and Postal employee who must consider filing for Federal Disability Retirement benefits, the historical context of the Kantian separation of our two worlds merely voices an interesting moment in history, but one which has little to no impact upon one’s everyday world of realities.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Those Welcome Distractions

Filing for a Federal Disability Retirement through the U.S. Office of Personnel Management is a step which admits of a stark reality:  One’s medical condition has come to a point of irreversible deterioration, such that the impact upon one’s ability to continue in one’s chosen career now manifests itself to a degree which can no longer be concealed.

Interludes of distractions in life — whether a holiday, a period of inclement weather; perhaps a child’s sports event; or even watching the Olympics on television with one’s family; all such distractions allowed for needed interruptions and delays in facing the harsh reality of one’s situation, and each such delay allowed for procrastination and avoidance of the issues.  But at some point, the decision has to be made, and when one runs out of such welcome distractions, the pragmatic steps in order to successfully file for Federal Disability Retirement benefits must be systematically considered.

How and when to approach one’s treating doctor to garner the necessary support; the timing of informing one’s agency; a careful study of the factual and legal criteria necessary to qualify for Federal Disability Retirement benefits, whether under FERS or CSRS; obtaining legal advice, guidance and representation; the time involved; the costs involved; making the adjustments for one’s future, etc.

Life’s distractions are small pockets of delights; but when the distractions detract from making important decisions, it is time to reconsider the prioritization matrix upon which one’s foundation is built.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: When the Violin Stops Playing

Self-flagellation is an activity which we all engage in; for, there is always a discovered virtue in being a depicted character worthy of empathy and kind concern.  In movies, television, and in the imaginative creativity stirred in one’s mind through effective novels and novellas, such a character may evoke a background music filled with the mournful sound of a solo violin.

In real life, however, the harshness of quietude lacking in any musical repertoire leaves only the silence of reality in a scene of perpetual encounters with a negation of rectitude; the fact is, music soothes the soul, and enhances the scenes we create, but in real life, the world around us imposes its reality over which we have very little control, for the most part, in directing either the factual circumstances or the orchestra in the background.

For the Federal or Postal Worker who is suffering from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s Federal or Postal job, the reality of the impact of one’s medical condition is something which was never requested, never created, nor likely anticipated.

It is simply an “is” which must be dealt with, as in most unexpected encounters with modern life.  There is no background music, no violin repertoire to soothe the feelings of the Federal or Postal Worker; only hard choices to make.

Federal Disability Retirement is a benefit filed through the U.S. Office of Personnel Management, whether the Federal or Postal Worker is under FERS or CSRS, and so long as the Federal or Postal Worker has a minimum of 18 months of creditable service, such an option may be a viable one to attain.

As for the mournful sound of a solo violin, it plays only to those who become lost in a world of make-believe; but when the scene ends, we are left with the quiescence of the harsh reality which surrounds us.

Sincerely,

Robert R. McGill, Esquire