Federal Employee Disability Retirement: Letting Go

It is the more difficult thing to do.  We tend to embrace and keep those things and are unable to let it go; of slights that scar us or reputations that were once stellar; and though the changes that force one to consider moving on are reasonable and rationally-based, there is something in us that drives one to remain stubbornly steadfast.

The career that was once our dream; the connection with someone who was once considered a close friend but who turned on us and betrayed our trust; the family member who severed the relationship and blood-ties; or the workplace that once considered you to be the star and hero, but now avoids eye-contact for fear of revealing its true intent.  Changing circumstances often necessitate “letting go”; the problem, however, is that while the context surrounding our lives may alter, we remain the same.

Medical conditions trigger and necessitate changes; and for Federal employees and U.S. Postal workers who suffer from a medical condition such that the Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s Federal or Postal job, it is often the hardest thing to do — to let go, and begin the process of preparing, formulating and filing for FERS Disability Retirement benefits.

There is always the hope for hope — of getting better; of reducing or minimizing the impact of one’s medical condition, etc. But when the reality hits that necessitates letting go, contact an attorney who specializes in Federal Disability Retirement Law and begin the process of recognizing the reality of change and the need for letting go.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Benefits: Intolerable conditions

We all have a threshold of tolerance; it is, in the end, a spectrum and a range which cannot be generalized.  The MRI that reveals degenerated tissue or organic dysfunctioning may parallel the pain experienced, but it does not determine the level of tolerance for any given individual.  Yet, while thresholds may vary, there is a limit to human toleration, and the question for each individual is: At what point do conditions reach the limit of my tolerance, and do I wait until I reach that ceiling, or is it then too late to have waited so long?

Most people wait until the intolerable conditions reach a critical juncture.  That is the rub of the matter — that, yes, human beings possess a great tolerance for the intolerable, but the further question that is too often missed, is: Should we?  Is it healthy to?  And: What damage is incurred by resisting the warning signs that our bodies and minds give such that we reach beyond those warning triggers and milestones of caution, and when we get beyond them, we leave them behind as sirens which have faded and been forgotten?

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, the intolerable conditions which have erupted often includes: Increasing harassment from one’s Federal Agency and the Postal Service; exhaustion of SL, AL and FMLA; dealing with the medical condition itself; the failure of coworkers and managers to empathize or understand; the stress that is placed on personal relationships because of the deteriorating conditions in the workplace; the loss of stability; the increasing loss of livelihood, etc.

Any one of these, or all in combination, create those intolerable conditions, and when it becomes apparent that the proverbial rubber band that has held the whole together is about to snap, then it is time — beyond the time, maybe — to prepare an effective FERS Disability Retirement application, to be filed through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Benefits: Fooling ourselves

It takes extraordinary intelligence to play the fool, and an even greater cleverness to fool oneself; just read a few lines from Shakespeare’s King Lear, and the interaction between Lear and the Fool, and one realizes the extensive capacity of self-indulgence in the deception of man in his need to guard his own ego.

In fooling one’s self, does one fool others, as well?  If a person takes on a persona, lives in a fantasy world, creates an identity separate and apart, and yet becomes consumed by the double-life to the extent that he or she comes to believe one’s own creative imagination, does the fact that others who knew the person from childhood onward destroy the fool’s own universe of make-believe?

Of the old adage and Biblical admonition that prophets are never accepted in their own hometown — is this because those who know a person from early life, “know better”?

If we fool ourselves only within the contained universe of our own thoughts, and never let the fantasies “seep out” into the objective reality of other’s awareness, have we fooled ourselves?  Others?  Is living a “double-life” the same as fooling ourselves and others, or is it only when we fool those closest to us where the “double” makes a difference?

What about hiding a medical condition?  What if a person is on anti-depressants or other psychotropic medication regimens, and yet everyone else believes that person to be the envy of the world, of the very definition of “happiness” exponentially quantified, until one day that very person is committed to an intensive psychiatric hospital and it comes out that he or she is the most unhappiest of individuals — has that person fooled himself, others, or both?

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, a great deal of “fooling” must go on in the interim.  You may overcompensate; you may appear to others to be “just fine”; and the tailored seams of normalcy may continue on for some time, until the wear and tear of self-deception begins to take its toll.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the first honest step towards being “true to one’s self”, and like the fool in Shakespeare’s King Lear, it is the capacity of the King fooling himself, and not the honesty of the fool, that makes for the tragedy that ensues.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: The direction of life

We are told from a very early age that we must have one; like winds that carry seasonal warmth and jet streams that bring unseasonable temperatures, we are ingrained to be purposive, teleological and focused upon the goal in mind.

Wisdom-filled proverbs echo beyond the history of instructional transference from parent to child, community to individual and generation to modernity: aiming for the target; sticking to a task; seeing things to their completion; being patient in everything you do; treating others fairly; 5-step, 10-step or multi-step plans for one’s life; we are admonished throughout of the importance of having a direction in our lives, as if the destination has been predetermined and arriving is merely being pointed in the right direction, traveling some distance and getting there without thought.

Some people clearly follow such a linear route – like the proverbial straight line from point A to destination B; then, there are others who never seem to get a handle on such a concept, while most of the rest of us meander through a confounding maze and are stuck somewhere “in-between”, like those kids in the middle of a brood of accomplishments lost in anonymity between the oldest who is the star of the family, the first born and who gets the greatest amount of attention, and the last one who is the “baby” whom everyone fawns over.  But what if a community, a society, the nation as a whole, no longer embraces a cogency of purposive goals?

It is like that “cause” we all live and die for; where modernity scoffs to expunge such lofty ideals, the residue of the populace must abide by its dire consequences, where echoes of past vestiges haunt in cave dwellings of paintings now faded and meaningless, lost forever to the history of silent voices.

Once, there were causes to fight for – of man’s manifest destiny; of fascism to defeat; of the great “Red Scare”; of the domino theory occluding freedom and resulting in totalitarianism; of patriotism and the flag upon a hill; and other images, all the while where the fighting and dying is accomplished not by the sons or daughters of the wealthy and privileged, anymore, but by sons of southern belles and minorities who die or get blown to bits.

Of what door does one knock upon to get one’s direction of life?  Where, in life, do we get a free pass to obtain the map in order to even know where we are, where we are going, and how to get there?

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 positional duties, the direction of one’s life becomes fairly linear whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

There are three “pathways” to steer upon: Stay in the job and suffer; Resign and walk away with nothing; or, the best direction in such a life, is to prepare, formulate and file an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.  And, even as to the second of the three roads taken (Resigning) – remember, you have up until one (1) year from the date of separation from Federal Service to file a Federal Disability Retirement application with OPM.

It is, in the end, good to have a compass in order to lead onwards in the right direction of life, wherever that may be, however one may obtain it, and whenever it is finally achieved.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: At What Cost?

The introduction of the “cost-benefit analysis” (CBA) by the French (who else?) is a quantitative approach in determining whether to go forward with a given project.  There are other approaches, of course, but the popularity of such a utilitarian paradigm is especially attractive to Americans, precisely because it allegedly places a determinable value upon the project, endeavor or issue in question.

But not everything in life is quantifiable in monetary terms; and while the CBA approach can take into account complex factors and assign methodologies of evaluating such that otherwise unquantifiable terms can be converted into numbers, the question still comes down to a simple issue of self-reflection:  Is it worth it?

For Federal employees and U.S. Postal workers who have 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 positional duties, a cost-benefit analysis is often taken with a singularly stark question:  Can I survive on the annuity proposed by statutory authority?

But this often ignores a parallel query, just as stark and similarly singular: What other choice is there?  If the medical condition arose as a matter of a work-related incident, certainly the Federal or Postal employee under FERS, CSRS or CSRS Offset should file for OWCP/DOL benefits; but even then, Worker’s Comp is not a retirement system, and there will likely come a time when it is still necessary to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

The unquantifiable factors in any CBA are those more personal, intangible issues which we rarely desire to face:  What will happen if I ignore the present course of settings?  If I continue to work with my medical condition and somehow reach retirement age, what kind of shape will I be in to enjoy my “golden years”?  Will the agency tolerate my reduced productivity, and what will their next move be?

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is never an easy decision, and should not be taken without a thorough and self-reflective analysis; but it is often an approach tantamount to negative-theology which will bring out the true answers to a dilemma — of what will result if one does NOT do X, as opposed to a quantification of values — and provide the necessary framework for a future reference of positive closure to a human condition which always seems, at the time and moment of suffering, to be a calamity beyond mere dollars and cents, and for which the famous Utilitarian Philosopher, John Stuart Mill noted, that actions are right “in proportion as they tend to promote happiness.”

Sincerely,

Robert R. McGill, Esquire

 

Another similar article previously published: Federal Disability Retirement pros and cons

 

 

OPM Medical Retirement Law: The Time In-Between, Afterwards

That time, as a historical event, is quite different from the retrospective vantage point of what we perceive today; and that is good to keep in mind.  After the event itself, the followers were not waiting around for the next event; rather, they were likely scrambling to determine what to do next, as they had no foresight of the coming circumstances, and thus did not consider themselves to be “in-between” two major historical pillars awaiting the next condition for completion.

In the aftermath, we can look upon it as a continuum, and view the time in between as one of anticipation and waiting; but from the real-time moment of the figures involved, the past trauma had already occurred; what was to come next could not have been known.  That is similar to how we live a life today.

For Federal and Postal employees who are anticipating filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, it is a good lesson to view things in the “now”, as in-between, or afterwards, and from a later perspective.

Waiting upon a behemoth of a bureaucracy as that of OPM is never a pleasant experience, and one often feels like being in a suspended mode of administrative purgatory; and yes, there can be contingencies which must be first established before the next “move” in life can occur; but in the end, one should not wait upon the approval of a Federal OPM Disability application, but rather continue to pursue and build upon one’s life as in the aftermath of the occurrence. That is sometimes difficult to do, but necessary.

Waiting is often the hardest part; once the “happening” occurs, the tumult is released, and the Federal or Postal employee often feels that he or she is “set free” from the bonds of suspended time. But then, think about those followers of the fisherman who waited from that Friday until the morning when a seeming disaster turned into a triumph of historical proportions untold and unknown, at the time.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Lawyer: Drawers and Other Hideaways

Whether cabinets and chests were created for neatness of housekeeping, or to bifurcate the clutter of consciousness, should be left up to anthropologists and social commentators.  Facebook, too, and Social Media, the inability to resist adding to the clatter and superficiality of what we say, what we collect, and how we amass, both information and items we choose to gather; does it all reveal the historical backdrop of the Mesozoic era, from whence we all originate?

We are all, ultimately, left to the devices of our own unmaking and insufficiencies; and that which we neatly hide in drawers of convenience, and close, become tantamount to sealing our fate when once we conceal that which needs to be maintained.

Federal Disability Retirement is a benefit which Federal and Postal workers seek to obtain, when a medical need arises and the medical condition, injury or trauma begins to impact one’s ability and capacity to perform all of the essential elements of one’s positional duties with a Federal Agency or the U.S. Postal Service.  Once obtained, the Letter of Approval received from the U.S. Office of Personnel Management, often declares to the (now former) Federal or Postal employee, that a linear process from start to finish has now been concluded.  Nothing could be further from the truth.

Like cars and children, maintaining the sufficiency and viability of an ongoing Federal Disability Retirement benefit is as important as the effort expended to win an approval.  And, like the car which needs a periodic oil change in order to extend the life of the internal mechanical apparatus by an exponential multiple, so the quality of effort needed to retain and maintain a Federal Disability Retirement benefit is minimal and uncomplicated; but necessary.

For Federal employees and Postal workers, whether under FERS, CSRS or CSRS Offset, the cost of continuing care of one’s Federal Disability Retirement benefit, once achieved, should never be cast out of mind and consciousness; and rather than neatly setting it aside in some drawer or other hideaway, it should remain on full display in the centrality of one’s livelihood, lest the mice, goblins and other unwelcome creatures begin to gnaw at the ripeness of one’s Federal Disability Retirement benefit.

Sincerely,

Robert R. McGill, Esquire