FERS Disability Retirement Benefits: Dimensions

We refer to the 3-dimensional world as being comprised of length, width and depth (where “length” can also be substituted for “height”, and “breadth” for “width”), with the added abstraction of time included in relativistic physics; and of course, when referring to personalities and individuals, we caustically apply the limitations of a dimension based upon the lack of character or absent crucial social graces, like empathy or a myopic viewing of life.

Thus does “John” live a one-dimensional life because all he ever does is work; or perhaps “Mary” is a one-dimensional figure in a novel because her character lacks development.

We tend to easily cross over between boundaries of physical space and time into personalities and complexities of individuals, and judge them harshly depending upon whether we like them or not.  Yet, human beings are comprised of complex levels of dimensions; it is only every now and then that we come across that 1-dimensional sociopath whose only desire is to satisfy one’s own cravings, one’s own focus and centrality of purposive intent which translates into evil.

Yet, despite the exceptions to the general rules of life, there are certain basic principles which one should follow when preparing, formulating and filing a Federal Disability Retirement application for the Federal or Postal employee considering a Federal Disability Retirement application, such as: Always consider one’s Human Resource Office to be 1-dimensional — i.e., not on “your side”, but on the side of “Management” and the Agency.  And: Never assume that OPM will consider your Disability Retirement application to be 3-dimensional (i.e., to be considered as being straightforward, easily interpreted and quickly resolved) — but instead is almost always 1-dimensional (i.e., to be considered suspicious and found wanting).

Or another 1-dimensional approach: Never assume that your Agency or the H.R. Office of your agency is anything but 1-dimensional; to be 3-dimensional would mean that they are empathetic, are looking out for your best interests, and would protect the privacy of your medical issues with the utmost of sensitivity and protectiveness.  For, in the end, the 1-dimensional approach is to be flat, uncaring and without complexity of concern for others.

Thus, when you were taught as a child that we live in a 3-dimensional world, you were misled because no one had told you about the Federal Agency’s or the Postal Service’s reaction upon learning that you will be filing a FERS Disability Retirement application because of your medical conditions, and that the world is ultimately a 1-dimensional universe without empathy or concern beyond one’s own self-interest.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The compelling reason

What makes a “reason” to do something “compelling”, as opposed to voluntary or optional?  Is it when the choices given are no longer existent and one must by necessity or default act — not out of choice but by being forced to?  Is it the unwillingness of the individual that defines the act, or the lack of alternatives remaining that determines the defined moment?

Or, perhaps it is a “feeling” of involuntariness that justifies the declaration that there was a “compelling reason” to do X or Y, which would create an oxymoron of sorts, to breathe the utterance of “feeling” alongside “reason” in the same sentence.  Is there ever a compelling reason to do or to say something, or is it all voluntarily undertaken, just some acts or declaratives taken with better reasons than others?

For the Federal employee or U.S. Postal worker who suffers 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 oner’s Federal or Postal job, is there ever a compelling reason to inform the agency prior to a submission of a Federal Disability Retirement application that one has an “intention” to do so?

If the Federal or Postal employee is under pressure because he or she has already exhausted all SL and AL, and has used up the weeks of FMLA that have garnered some semblance of protection, is it a good idea to inform one’s Federal Agency or the Postmaster of one’s facility that you are gathering the necessary information to prepare a Federal Disability Retirement application?

The general rule in such matters is: Unless there is a compelling reason, Don’t.  However, each individual case is different, and unique and particularized circumstances may well define what the “compelling reason” is — as to whether it is indeed “compelling”, or even a good enough “reason”, as opposed to a “feeling” that one possesses.

In the end, the compelling reason is the one that is made without alternatives to consider; but alternatives are the reason why you should consult with an attorney who specializes in Federal Disability Retirement, precisely in order to consider those options which you may not even be aware of.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Gatherings

What is it about human beings that compel and necessitate it?  Unlike the wandering Cheetah or the lone wolf, human gatherings have been the imprint of psycho-social requirements since the dawn of day.  The tribal gatherings around the campfire; the Thanksgiving feast that celebrates survival and the new season; the corporate board, the large-scale concerts and the network of social media; and then, of course, that which is all but forgotten, and yet always yearned for: the private gathering of “just the family”.

Somehow, we lie to ourselves and soothe our own egos, suppress the truth by – again, “gathering” – the number of “friends”, “likes”, etc., and it has now become a quantitative game as opposed to a qualitative reality that determines how “happy” one is.  In modernity, we have lost the whole purpose and underlying foundation for what gatherings are meant to be – of the interchange between neighbor and neighbor, the opportunity to listen to elders and the basis for which a society survives.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal position, does the Agency, the immediate supervisor or fellow coworkers even “know” about the medical condition, or even show any concern or care?

Each day, we “gather” together for a common purpose – for work, for the Agency’s “mission” and the “work-for-paycheck” agreement between employer and employee.  And, yes, there is a distinction to be made between a “social gathering” and a gathering intended for purposes of work and productivity.  Yet, there is something inherently amiss when one’s humanity is lost in the process of this thing called “employment gathering” – where no one seems to care about the next person, and when once the clock ticks to the closing hour, everyone departs to their own private gatherings, whatever that may be and wherever it may end up.  Of course, to invite a coworker to a home meal may constitute some form of harassment, and any gatherings to “pray” for another – regardless of what religion or denomination of belief it may originate from – is automatically excluded because of the offensive connotations of such an act; and so we are left with going home, each of us, and gather from a distance through the technology of Facebook, Instagram, Twitter and email.

And yet, the Federal or Postal employee who has all along suffered from a medical condition, suffers still, and the only option left is to prepare, formulate and file an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, just because the “gathering” at work didn’t care enough to try and find a suitable accommodation for that Federal or Postal employee.  Go figure.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The Complexity to Defeat

Simplicity of former times is what we all seek; in the end, it is never as “good” as we all like to make-believe it was, and never as “bad” as we may feel at the moment.  But within a world which sees technology advancing not in incremental, thoughtful stages of periodic progress, but in exponential warp-speed unseen in the epochal movements of past generations, it is difficult to keep pace with the dizzying speed of innovation.  And that’s just in trying to choose a lightbulb at the local grocery store.

For must of us, the complexity which confronts and challenges are those within.  The viewpoints we bring; the skewed thought-processes from the baggages of childhood; and the enmity we harbor in secret compartments of resentment and shame.  Further, what exacerbates and complicates, is a medical condition, whether physical or psychiatric, and too often an intersection of both feeding one upon another.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact one’s livelihood, the ability to even go into work, and prevents the Federal or Postal employee from performing one or more of the essential elements of one’s positional duties, the complexity to defeat is the very same one that haunts and hinders from the residues of self-doubt:  making wrong choices when the right ones will save.  Hesitation; fear; anxiety and angst from not seeing clearly an unknown future; these will all continue to magnify beyond the panic of sleepless nights.

Preparing, formulating and filing an effective OPM Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is never an “easy” engagement; in fact, it is merely one more complexity of life.  But the bureaucracy will always be there; the procedures, methodologies and sheer volume of substantive and procedural hurdles will always remain like an obstacle unmovable likened to Aristotle’s proverbial Unmoved Mover.

In the end, taking that significant step in preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management will be determined not by fate or misfortune, but in recognizing that the complexity to defeat remains hidden within our very souls, to be identified, tackled and wrestled with, in order to move on with our lives.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Medical conditions and the “to-do” list

We often approach everything in life in a repetitive, systematic manner; of a routine which engenders habituation of comfort, and of identity harkening to obsession of similitude.  It is said of Kant that his neighbors set and corrected their watches and clocks according to the regularity of his walks, as his life maintained a predictability of precision so reliable that error could only be ascribed to a mechanical defect, and never to his human constancy.

It is as if there is an internal “checklist” in order to attain a progression of human development, and in an effort to achieve that advancement, both of thought and of physical growth, we must be assured of completion and fulfillment.  But medical conditions are never like that; we cannot “do something about it” and expect to “check it off” of our “to-do” list, only to move on to the next item on the itinerary.  A pastor once quipped, “Where there are people, there are problems.”  True enough; although, there could have been an addendum:  “And where there are problems, you can always find impure motives.”

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 problem is one of duality of purpose:  For the Federal or Postal employee suffering from a medical condition, the approach of attempting to “check off” the medical condition as another item on a “to-do” list is always rebutted by the stark reality of the medical condition itself; and from the Federal agency’s perspective (or the Postal Service’s), the thought-process of “when will it go away” simply avoids the issue, and fails to address the problem of the conflict which arises.

Thus, the benefit of OPM Disability Retirement is there for the Federal or Postal employee, precisely to allow for those circumstances in which (A) the medical condition no longer allows the Federal or Postal employee to be able to perform all of the essential elements of one’s positional duties, (B) the medical condition will last a minimum of 12 months — not that one must wait for 12 months, but rather, that the prognosis by a doctor or medical provider is willing to state that the medical condition will, within reasonable medical probability, last for that long, and (C) accommodation of the medical condition is not possible, and reassignment to a position at the same pay or grade will not ameliorate the situation.

In the end, medical conditions defy the human attempt to treat it as merely another obstacle to overcome, or an irritant to set aside.  It is a condition of human existence which represents a trial for a linear life we attempt to manage, when in fact a change of course is often the remedy, and not the repetition of comfort found in the thoughtless quietude of habit.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Fear and Trembling

The reference, of course, is to the major philosophical contribution by Soren Kierkegaard, the Danish Philosopher; and his title is a further extrapolation from the Bible.  It is an investigation of the test placed upon Abraham to make of his son, Isaac, the sacrificial lamb as a testament of his faith and obedience.

Whether one is religious or not, the value of such an investigation cannot be disregarded.  Such a test and endurance; how far Abraham was willing to go; were there indications of behavior which revealed hesitancy; did doubt ever enter into his mind; is obedience to faith ever justified when it seems to overpower fundamental moral considerations; does the author of moral uprightness have the right to violate the very laws of issuance (similar to the theological conundrum, Can God create a rock heavier than He can lift, and if not, does that not undermine the very definition of omnipotence?); what emotional turmoil was Abraham wrestling with, and what of fear and trembling?

These are mere surface questions which Kierkegaard attempts to encounter; the fact that most of society fails or ignores to consider, is a reflection of the state of our own being.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition impacts (A) one’s own health and livelihood, and (B) the capacity and ability to perform all of the essential elements of one’s Federal or Postal positional duties, the issue of fear and trembling should hit close to home.  Fear is attributable to the uncertainty of one’s future; trembling concerns the state of persecution one experiences at the hands of a Federal agency or the U.S. Postal Service.

Kierkegaard leaves no stone unturned in his rapacious search for truth; for the Federal or Postal employee, even a surface scratching of what Kierkegaard questioned, can be of relevance in moving forward.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management may not seem like entering the lofty towers of ivory perspectives as presupposed by Kierkegaard’s work; but it is in the end a pragmatic decision of fortitude which secures one’s future and allows for the stresses of our times to be set aside, deliberately, purposefully, and with regard for one’s own life and being.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Devising Escape Routes

What a person spends his or her time doing away from work, reveals much as to how one’s work will be accomplished.  If one attempts immediately to build protective walls around the core of a project in an effort to stave off potential marauders, as opposed to focusing upon the substantive essence of the idea itself, then perhaps the vulnerability of the project itself will begin to manifest.

Our own fears often overwhelm; but healthy fear can be a positive use of an evolutionary tool meant to apprise and alert.  It is only when it becomes an impediment and obstacle for progress and advancement that our own self-immolative actions begin to impact our capacity to grow.  There is a delicate balance between healthy fear and that which lends itself to self-destruction.  Proper evaluation and analysis of a circumstance or situation is required in order to establish the former; for the latter, a groundless allowance without facts or evaluative input.

For Federal employees and U.S. Postal workers who suffer from a medical condition, the question often becomes, At what point do I begin to consider escape routes?  Do I need to devise them, or are the mechanisms already in place?

Escape routes are devised in response to dangers present; and often it will appear as if the manifestation of a medical condition will bring out the worst in others.  Isn’t that an anomaly in and of itself — that one’s own deterioration of health will impact the behavior of others, in a derogatory manner?  But that is precisely what a “stress test” is for, is it not?  It is never in the best of circumstances that reveals the true nature of a thing; rather, it is under adverse conditions which unravel the artificial appendages with which we camouflage.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is somewhat like an “escape route”, in that it allows for the Federal or Postal employee to exit from the adversity of circumstances, and plan for one’s future.  One need not “devise” it, to the extent that it is “already there” — a benefit for all Federal and Postal employees who have a minimum number of years of Federal Service (18 months for those under FERS; 5 years for those under CSRS).

For the Federal or Postal employee considering such a route, the priorities of life should always prevail:  Focus upon one’s health in an effort to remain (for those who are beset with a medical condition which is “work-related”, filing for Federal Workers’ Compensation benefits may be the first option to consider); then, if it becomes clear that one’s medical condition is impacting the ability to perform one or more of the essential elements of one’s job, and that the medical condition will last a minimum of 1 year (and it should be emphasized that one does not need to wait for a year in order to determine this aspect; rather, it is merely a medical prognosis that the medical condition will likely last at least 12 months or more that is required), consideration should be given to preparing, formulating and filing for Federal Disability Retirement.

In the end, it is not a matter of devising escape routes, but rather of recognizing the limits of human endurance, evaluating one’s place within the context of growing adversity, then acting upon those exit points available and allowable — then to make a proper decision for one’s self, and for one’s family and future.

Sincerely,

Robert R. McGill, Esquire