Tag Archives: a practical assessment of your medical condition and your future as a federal employee

OPM Disability Retirement under FERS: Future Robbing Present

How much time do we spend worrying about the future?

In this concerning age, where debts keep rising, expenses keep increasing, wages remain stagnant and instability around the world continues as a reality we are all faced with — the amount of time spent in anxious anticipation of a future not yet established is a reality which we all must constrain.

Planning for the future is a necessity; articulating plans and loosely following them, a nuisance; but what of worrying about a projected experience not yet upon us — is it a mere waste of time?

The future robs the present by keeping our focus outside of the experiences of the present; whether by brooding about it, being lost in thought for it or merely fidgeting with anxiousness towards it; it all amounts to the same:  The joy of a present experience is lost because of the worry which overwhelms us.

Of the past — we tend to relish or regret it; but inasmuch as it is something that has already occurred, we do not obsessively remain in that time slot; unless, of course, we fear the consequences of past actions upon future events.  But it is for present circumstances that may trigger future worries — as in a medical condition currently experienced that we project into the future as to the medical condition’s capacity to impact our anticipated lives.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition will likely prevent the Federal or Postal worker — in the future of, say, 6 months hence, 12 months beyond, 3-5 years of becoming — from performing one or more of the essential elements of his or her Federal or Postal job, it is always a good idea to consider early in filing for Federal Disability Retirement benefits under FERS.

If worry for the future is robbing the present, then it is time to consult with an Attorney who specializes in Federal Disability Retirement Law.  Worrying about the future will not change or alter the course of events yet to come; to prepare for a pathway towards such change for the future, it is wise to first consult with an experienced Federal Disability Retirement Attorney, lest the future come upon you unprepared and like a thief in the night robbing you of your present.

Sincerely,

Robert R. McGill, Esquire

 

Reflections on Winter’s Desolation and OPM Disability Retirement

Seasons bring out certain characteristics and traits of primate natures; and while artificial lighting, civilized constructs of community comforts and technological distractions of virtual reality may somewhat temper the appetitive rhythms of inherent evolutionary origins, the fact is that our attempts to suspend the reality of our nature can only be met with partial success.  Winter is a time of desolation (unless, of course, one’s home is based in a climate where seasons barely change, in which case the envy of others will reach you through temporal vibrations of mental jealousies).

Somehow, medical conditions become magnified exponentially; physical pain is exacerbated, and psychiatric despair becomes quantifiable. Statistically, there is no greater number of filings for Federal Disability Retirement during one season as opposed to another; but in reality, it is probably more a sense that, as the trees are stripped bare of leaves and the greenery of lawns and nature’s interludes are crisp with reminders of decay, the beatitudes of distracting influences become minimized, and one can turn inward and make a careful assessment of one’s future.

Federal employees and U.S. 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, need to ultimately make that decision, and take that step of affirmative evaluation and assessment, in determining the course of one’s future.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, is a serious matter, and one where consideration of all factors should be carefully performed.  But how does one go about properly and thoroughly performing the necessary evaluative process?  Often, insular rumination by a singular voice of counsel is less than effective; being one’s own counsel in matters of importance rarely provides an alternative perspective, which is what is needed in matters of gravity.

Seeking the advice and guidance of someone who knows and understands the process, and what the administrative and bureaucratic pitfalls and potential problems one is likely to encounter, is the first step in making a wise decision.

For, while winter’s desolation may allow for the revelation of the nakedness of nature, it is man’s plight which must be considered with open eyes and careful scrutiny, beyond the lonely swirl of the crinkling leaf which floats in the endless time of a hardened ground as it falls far from the tree which sheds itself in winter’s gloom.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Fate & Consciousness

The concept of fate attaches a sense of termination and determined outcome; and consciousness beyond mere awareness of presence where a self-reflective realization of one’s self, the “I” in a world among others, and the further mirror-image of stepping outside of the self and having the capacity to recognize the “I” as another you among a multiplicity of others, creates the question of free will, self-determination and conscious action.

Whether the end of anything and everything is predetermined; whether causal forces in a universe of physical laws control and conform individual actions; and further, whether one’s conscious and deliberative intent makes a whit of difference in the macrocosmic universe of dialectical forces, is a puzzlement to be pondered perennially in Western Philosophical thought,especially in today’s debate involving the attempt to make language conform to pure scientific materialism.

Whatever the outcome of the debate encompassing mind/body dualism, the existence or not of consciousness where materialism and language reductionism to physical terms involving neurotransmitters and organic, genetic compounds explaining behavior and psychology, the individual who must live and act still holds to the idea that one’s choices in life make a difference, however small, insignificant and irrelevant. And, for the singular individual, a decision which may have no impact in a macro sense, but of a large and important consequence in the tiny, microcosmic universe of one’s personal life, whether fate and deliberative consciousness in decision-making makes any difference at all, is something we cling on to.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition prevents one from continuing to perform all of the essential elements of one’s positional duties in the Federal or Postal position, the fate and conscious decision to prepare, formulate and file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS, or CSRS Offset, is a major decision of life-shaking and earth-shattering proportions.

In the end, the great philosophical debates which have dominated Western thought must be put aside when personal life-events predominate. Such mind-enhancing discussions are nice for a day, or between colleagues and in the ivory tower of academia; but the reality of a medical condition, the possibility of the end of a career, and the need to decide upon one’s future, while all of relative insignificance in proportional contrast to The Great Debate; in the end, for the Federal employee or the U.S. Postal Worker, the onset of a medical condition and the need to file for OPM Disability Retirement benefits from OPM will possess greater significance than the question of fate, consciousness and the consequences of believing in a predetermined universe. Or, to paraphrase Bertrand Russell, when one is overcome with thoughts about the greater universe, it may just be that we have an unsettled stomach.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Walking Anomaly

The identity of a person is represented by a composite of memories held, present activities engaged, and future endeavors planned, thus bringing into a complex presence the times of past, present and anticipated future.  It is because of this walking anomaly — of not just an entity living in the present, but of someone who possesses the retentive capacity of memories past, and plans made and being generated for future actions — that the complexity of the human condition can never be fully grasped.

For the individual, therefore, who begins to suffer from a medical condition, such that the medical condition or disability interferes with the delicate balance of the tripartite composite, the fear of destruction of present circumstances, and diminished ability for future progress, is what complicates matters, in addition to the capacity to remember how things were, which only exacerbates one’s anxiety and angst, in addition to the medical condition itself. It is like being caught eternally in the middle of a three-day weekend: one is saddened by the day already passed; one anticipates an additional day, but the knowledge of the diminishing present makes for realization that the future is merely a bending willow in the winds of change, inevitably able to be swept aside.

For the Federal employee or the Postal worker who suffers from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, it is that recognition of past performances and accolades, of accomplishments and successes, combined with present potentialities yet unfulfilled, which makes for a tragedy of intersecting circumstances.  Filing for Federal Disability benefits through the U.S. Office of Personnel Management, whether the Federal employee or the Postal worker is under FERS or CSRS, should not, however, diminish the hope for the future.

Federal Disability Retirement benefits allows for the impacted Federal or Postal worker to receive an annuity, and continue to remain productive and plan for the future. It is the solution for many Federal employees and Postal workers who are too young to retire, and have invested too much to simply “walk away” with nothing to show for the time of Federal service already measured.

In the end, Federal Disability Retirement may not be the best option, but the only viable option available, and for the walking anomaly known as man, OPM Disability benefits may be the methodology to complete that unfulfilled potentiality yet to be achieved.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Wotan’s Spear

It is the spear engraved with runic laws, captured in Wagner’s opera cycle, and Norse legend has it that it never misses its mark regardless of the ability of the wielder.

In health, that is how many feel, and come to believe.  In ill-health, or declining and deteriorating health, one’s mortality, susceptibility, and vulnerability come into question; and all of those walls of invincibility begin to crumble.  Suddenly, Wotan’s spear is held with wobbly hands; the grip is unsure, and the mark is unclear.  Present circumstances become a muddle of uncertainty, with past accolades unaccounted for or of little to no significance; and the future is not the bright star guiding one’s course of current actions.

Lebenswelt constitutes the totality of subjective-to-world experiences in phenomenology; when a medical condition engulfs one, the sensitivities to all of life’s experiences comes to the fore, such that the desire for life’s fulfillment and all that it offers becomes exponentially magnified in relevance, importance, and significance. For the Federal and Postal employee who begins to 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, the capacity to survive economically, financially, and physically, as well as maintaining a semblance of cognitive and mental normalcy, takes on a fresh urgency.

Filing for Federal & Postal Disability benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, is a pragmatic step which must be taken in order to attain a level of security and peace, and to attend to one’s health.  Health is the hallmark of who we are and how we are destined to live.  While filing for a benefit may seem like a mundane event when turmoil abounds, for the Federal and Postal employee who must continue to contend with the daily toils of life, the ability to throw Wotan’s spear and accurately hit the bullseye is still a needed goal despite one’s loss of stature in the Federal sector.

Sincerely,

Robert R. McGill, Esquire

 

The “Nuclear Option” after an Illness or Injury in the Federal or Postal Workplace

It is a parliamentary procedure justified by those who invoke it because the circumstances are of such dire contextual urgencies as to necessitate extreme measures.  Such urgency of action is often characterized in a vacuum — a declarative shrill of voices that such an option could not be helped because of the counteraction (or non-action) of the opponent.

Medical conditions have a true tendency to do just that.  Insidious in their inherent nature, they persistent despite every application of treatment modalities, leaving behind confounded minds who spent years and unaccounted energies and accumulated student debt in order to attain the medical knowledge to combat such conundrums of configured confusions.

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 Federal or Postal job, the invocation of the nuclear option is often seen as filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS.

Such a characterization is an acknowledgment that the option chosen is one of “extreme” measures, forced because of a lack of choice.  But that would be a misnomer.  For, the “extreme” measure taken would actually be the other options remaining: Stay with an agency and struggle each day while attempting to ignore the pain of progressive physical deterioration or the despondency of psychiatric turmoil, and continue to be subjected to the constant and persistent harassment by supervisors and coworkers; or resign, walk away, and have nothing to show for the years of invested sacrifices given to one’s Federal agency or Postal Service.

No — the “nuclear option” for a Federal or Postal employee who is considering filing for Federal Disability Retirement benefits through OPM is not the preparation and submission of a CSRS or FERS Disability Retirement application; rather, such an option is best characterized by the other options remaining.  In the end, it is how one characterizes one life, which forms the true character of the individual.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Once upon a Time

Once upon a time, there were great “causes” for which people fought to live for; evil empires which desired domination and for which the world went to war; liberties denied and suppressed, resulting in meaningful mass protests; and in the microcosm of individual lives, hope for a future and a better tomorrow, for which people married, had families, and strove for stability.

In today’s world, the opposite seems to prevail; the news is replete with trivial reasons to exit life; if one is turned down when a prom invitation is issued, it is a basis for an outrageous reaction; assertions of hurt feelings can be the foundation for court filings declaring a violation of rights; and when a society mandates the importance of rights over courteous behavior, the crumbling of foundational structures is not too far from a once-distant and dark future.

The famous and classic book by Harper Lee encapsulates the contrast of great and small troubles; of a microcosm reflecting larger issues worthy of consideration; but always, there was a sense that tomorrow would bring about a brighter future.  In it, Atticus speaks of the idea that one can never quite understand another unless one walks in his shoes, and looks at things from the other’s perspective.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition impacts one’s ability to perform the essential elements of one’s job, such a sense of the world is a well-known commodity.  All of a sudden, one becomes a pariah, when one may have been that shining star just a month before.

Federal Disability Retirement benefits are available for Federal and Postal Workers who seek a brighter tomorrow, and for whom greater causes still exist. That is why the benefit allows for the potential and possibility of the Federal Worker to seek other employment and a second vocation; for, Federal Disability Retirement benefits recognize the worth of the individual, and the fact that there is life after the devastating effects of a medical condition which may end one’s Federal or Postal career.

One may laugh at such notions, or have the cynical view that Federal Disability Retirement is merely one of those benefits for which the Federal government is giving another proverbial “handout”; but the fact is, like Atticus Finch in the classic novel, To Kill a Mockingbird, there is always a brighter future for every generation, no matter the despair one may feel at any given moment in history.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Differences

The weather comes upon us; as a cloudy day dominates, so a sense of darkness and foreboding can impact one’s emotional life; some days are better than others.

In the virtual world of our antiseptic lives, surrounded by such advancement of technology which separates and bifurcates; we think that we are different from other species, and indeed, a comparative analysis can be a potent and foundational argument in establishing the superiority of the human animal, as in, “Can X do Y?” “Can a chimpanzee sketch a rough draft of an architectural phenomenon like the Roman Colosseum?” (Then again, who among us could do that?).  Some would say that the titular character in Camus’ classic novel, The Stranger, Meursault, has it “right” when he attempts to ascribe blame to the heat of the day, the brightness of the sunlight, for his acts if human degeneracy.  Such an explanation is as valid as any that one can give for justifying the murder of another.

Prolonged stress can affect performance levels on jobs that require high levels of focus and concentration

Prolonged stress can affect performance levels on jobs that require high levels of focus and concentration

We tend to desire an intellectualization of our actions which somehow differentiates us from “others”, when in fact the environment impacts us no matter the extent of engagement in placing artificial walls around ourselves.

Medical conditions have a tendency to bring out the humanness in us.  This is because, when a medical condition impacts our lives, it is a final recognition that an invasive malignancy has been able to penetrate the artificial walls we have so carefully constructed, and it reminds us of our fragile, organic essence.  For Federal and Postal Workers who have been impacted by medical conditions, such that the medical condition impacts one’s ability to continue in one’s chosen vocation, an admission of vulnerability and mortality comes to the fore. To counter this, a change of venue is often needed, and is the required prescription in order to push against the fear and loathing which accompanies such an admission.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS, is often the wisest step which the Federal or Postal employee can do.  There are many stories of Federal and Postal Workers who have obtained Federal Disability Retirement benefits, who reflect back and declare that it was the smartest move of their collective lives; but then, when we are stuck in the rut of our antiseptic lives, it is often the most comfortable place to remain, and so we fight against our own self-interest.

And, indeed, in the end, that is all that the prosecutor was seeking for from Meursault — just a word, a deed, a symbol — that he was at least somewhat remorseful.  But Camus would have none of that for his character; only the stark and naked honesty, that he was no different from the surroundings of nature which enveloped him on that fateful day.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Pre-planned Life

Planning is part of our culture; from birth, to plan for old age; from the first entrance into a career, to consider the options for retirement funding; from the days of schooling, to determine the course of one’s career; and multiple intermediate pre-planning considerations, often mundane in nature, such as what to eat for dinner, how many children to have, where to live, etc.  Whether animals plan for the day, and to what extent, may be debated; what cannot be disputed is the extent and complexity in comparison to the pre-planning engaged in by Man.

But life rarely follows along the neat and uninterrupted course of a plan determined days, months or years prior; instead, the hiccups of life are what make for interesting interludes of unexpected turns and twists.  The proverbial nest egg may not have developed as quickly; one’s expectations of career goals may not have blossomed; a child may have come unplanned; or a lost puppy may have appeared at one’s doorstep.

Medical conditions are somewhat like those interruptions of interludes; they may not be as pleasant as some other hiccups, but they are realities which people have to deal with.

For Federal and Postal employees who find themselves in a situation where medical conditions prevent them from performing one or more of the essential elements of one’s job, it is important to undertake two preliminary steps:  An assessment of the medical condition and whether it is likely to resolve within a year or less; if not, to investigate and become informed about Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS.

One of the elements which must be shown is that one’s medical condition will last a minimum of 12 months.  This can normally be easily accomplished by a doctor who can provide a prognosis fairly early on in the process.

And perhaps a third step:  A recognition that lives rarely travel along a pre-planned route, no matter what you were taught to believe, and more than that, that the value of one’s life should not be reflected by veering into the unknown.

Sincerely,

Robert R. McGill, Esquire