OPM Medical Retirement: Extreme Fatigue

The phrase itself can denote at least two connotations of conceptual paradigms, depending upon which word the emphasis is placed upon:  of an overwhelming sense of exhaustion that is experientially devastating to an exponential degree or, that one is so depleted and tired from the constant state of the extreme.

To experience extreme fatigue is to have a medical condition; to be tired of the constancy of crisis after crisis, is to live an existence which cannot be sustained forever.  Both states can be experienced simultaneously, especially when a medical condition occurs, because the debilitating effects of the disability begins to take its toll upon the individual’s mind, body and soul, and further, because outside reactionary influences tend to make an imbalance upon one’s perspective.

For the Federal employee and the U.S. Postal worker who is experiencing both forms of the phrase, it is probably time to consider filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

When an overwhelming sense of exhaustion and tiredness beyond mere overexertion begins to overtake, it is an indicator that the medical condition is taking its toll.  When the daily circumstances of one’s life tend to be interpreted as a constancy of extremes, like the proverbial “boy who cried wolf” once too often, and the daily events become skewed to such an extent that one becomes overwhelmed by the persistence of events, and where the extraordinary becomes the daily norm, then it is also a sign of portending causes to recognize.

Filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management is not an option of the extreme, although it may be one of the few and limited alternatives left for the Federal or Postal worker who has been struggling to maintain a linear level of normalcy for years on end.

Rather, it is a recognition of human frailty, and the limits of endurance, and ultimately a choice of reflective wisdom in recognizing when the extreme of life’s circumstances begin to take its toll, the resulting impact is often the mental, emotional and physical exhaustion beyond mere tiredness, and where the signs become clear that time is not on the side of health, but where health must accept the timeless constancy of changing extremes.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: Preemptive Actions

Knowledge can be a dangerous commodity; partial, or little knowledge, can be all the more damaging, precisely because actions can result based upon incomplete information and slices of factually curtailed composites.

The Court of the Appeals for the Federal Circuit has previously pointed out one of the methodological deficiencies engaged in by the U.S. Office of Personnel Management, in its review and determination of Federal Disability Retirement cases:  of focusing upon that which is not included in a Federal Disability Retirement application, as opposed to reviewing the information of what has been received.

Such a distinction may be a subtle one, and a difference which can be easily overlooked, but it reveals much more than mere word-play.  For, what it manifests is an application of a criteria based upon an erroneous assumption, and one which continues to be applied to this day, despite case-law which admonishes OPM to the contrary.

Vanieken-Ryals v. OPM, a 2007 Federal Court of Appeals case, points out the error of OPM’s ways in Federal Disability Retirement cases, where insistence upon “objective” medical evidence continues to dominate, despite the lack of such requirement to the contrary.  Such an issue is especially relevant, of course, in cases where psychiatric medical conditions prevail, and when OPM insists upon the lack of such “objective” medical evidence where none can be obtained, it leads to Federal and Postal employees to react desperately in a preemptively unreasonable frenzy of actions.

Not knowing the law is one thing; knowing, but deliberately ignoring it, is quite another.  But the price Federal and Postal employees pay for when a bureaucracy engages in practices which clearly defy the clear mandate of legal requirement, results in preemptive actions which ultimately lead to another day in Court, to argue that which one thought was previously already established.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Benefits: The Afterthought

It is perhaps best that anticipatory planning, based upon predictive analytics, is an afterthought for human intuition and predilection of priorities in life.  Otherwise, one can remain in a world of obsessive preventative maintenance of efforts, and never accomplish what needs to be done today.

Future forebodings aside, and whether an individual engages in hazardous duties which exponentially increase the statistical curve for the onset of an occupational disease or injury, or the development of a medical condition through repetitive and overuse of a particular appendage or anatomy; regardless, the bifurcation of thought from the daily aches and pains from one’s body, warning of impending and future difficulties, is ignored and banished, to be reflected upon in some future corner of pondering.

Human beings have an almost unlimited capacity for relegating present concerns to the realm of an afterthought, and the benefit of disability retirement will naturally take a backseat for those in the youthful set, precisely because disability is associated with thoughts of avoidance, sort of in the company of old age, infirmity, and early onset of dementia.  As well it should be.  But for Federal employees and U.S. Postal workers who find themselves with a medical condition, such that the medical condition begins to impact one’s ability and capacity to perform all of the essential elements of one’s job, and therefore becomes a threat to one’s livelihood, the afterthought becomes the primary issue, and it is then that one sounds a heavy sigh of relief in knowing that an employment benefit includes a Federal Disability Retirement packet.  But once the acknowledgment comes to the fore, the reality further hits one, that you must prove your case, and it is not merely a matter of entitlement.

Federal Disability Retirement, filed through one’s agency if you are not separated for over 31 days, must ultimately arrive at the doorstep of the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset.  OPM is the agency which makes the decision upon a Federal Disability Retirement application (and that’s the reason why this medical benefit is also known as ”OPM Disability Retirement”).

While there are minimum time in-service requirements (18 months under FERS and 5 years under CSRS), it is the compendium of proving one’s case under the legal standard of preponderance of the evidence, which must be submitted in order to win.  Afterthoughts are human evolutionary means of avoiding unseen dangers; but when the afterthought becomes a present danger, it is time to become aware of the surroundings, context, and content of the formidable opponent one must face.

Sincerely,

Robert R. McGill, Esquire

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

OPM Disability Retirement: Accommodations and the Elegance of the Hedgehog

A French film (The Hedgehog) loosely following upon the novel (The Elegance of the Hedgehog), focuses upon the hidden life of an unnoticed individual, and through her providing a platform of unraveling the fears, aspirations, class differences and how we treat (or mistreat, as the case may be) each other based upon appearances and social constraints.  It is always the character of the child who uncovers the secret, as in the story of the emperor without clothes, and in this story, as youth has not yet been scarred by the juggernaut of societal preconceptions.

It is in the secret (and secretive) life of a janitor (for the French, the more refined title of a “concierge”), who hides her intelligence and love of literature for fear of appearing pretentious and thus facing the potential and threat of loss of her job attending to wealthy tenants — where the authenticity of a life’s worth reveals itself.  How the greater society reacts to an aberration of an entrenched social order disrupts the conventional manner in which people get along in a community.

The story presents lessons far-reaching beyond the obvious; and reaches into depths untraveled, including for Federal and Postal Workers who suffer from a medical condition and must contend with supervisors and agencies which view with suspicion workers who are “different” and do not follow the traditional routine of work and productivity. For it is precisely the Federal and Postal Worker, whether under FERS or CSRS, who must often walk with hesitancy and fear when they are suffering from a medical condition, such that the medical condition has begun to impact one’s ability to perform all of the essential elements of one’s job.

Like the main character in The Hedgehog, revelation of the “secret” of one’s true being — of the medical condition, whether physical or psychiatric — would mean the potential adverse reaction of the agency.  Instead of providing for an accommodation of such a revealed “secret”, Federal agencies and the U.S. Postal Service will instead counter the situation with predictable aplomb, and begin the systematic harassment and intimidation to further complicate matters.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS or CSRS, is quite often the best option for the Federal or Postal employee suffering from a medical condition.  Like the character in the Hedgehog, the fear of retaliation for revelation of a “secret” which others believe to be disruptive to the social order, forces one to conceal that which proves to be the essence of humanity — that vulnerability is the true test of who we are.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Workers: What Was It All For?

In the midst of a crisis, when the security of the mundane is replaced by the turmoil of fears, “what ifs”, pain, intrusive nightmares, suicidal ideations, profound fatigue, and the uncertainty of one’s future, questions begin to haunt and abound, enveloping decisions of past moments, reevaluation of present concerns, and furrowing eyebrows for an anxious anticipation of possible events to come.

Medical conditions have a tendency to interrupt present plans, and to degrade the list of priorities once thought to be of significance, or even of any relevance.  But all things must be kept in their proper perspective.  Balance of thought, and prudence of action, should always be paramount.

For Federal and Postal employees who are confronted with a medical condition, such that the medical condition begins to impact one’s ability/inability to perform the essential elements of one’s job, and therefore one’s livelihood and capacity to survive in this increasingly difficult economic climate, the prospect of being unable to perform one’s Federal or Postal job is a daunting challenge which must be faced.

One’s agency can rarely be relied upon to exhibit any lengthy period of empathy; jobs and tasks left undone constitute a basis for termination.  As such, preparing to file for Federal Disability Retirement benefits, whether under FERS or CSRS, is a consideration the Federal or Postal employee must evaluate early on.  It is the one who begins to take those initial, prudent steps, who may later be able to answer those universal questions emanating from fear of the future, such as: What was it all for?  It is for securing one’s future, and to be able to retain one’s place in this often disjointed universe of bureaucratic morass.

Federal Disability Retirement is a benefit accorded to all Federal and Postal employees who have the minimum eligibility requirements met (for FERS, 18 months of Federal Service; for CSRS, 5 years — normally a “given”); and it is precisely that which is offered, which should be accessed when the need arises; and when applied for, perhaps to answer those questions engendered by the trauma of the moment.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: ICM versus ICBM

During the Cold War era, the latter acronym was familiar to most, as fears were magnified as to the intercontinental capacity of the U.S.S.R. (those who can still decipher this immediately reveals one’s age).  In those days, one did not need to know the Eastern European countries by name; they all fell under the satellite rubric of the “union” of those with “the Bear”.  ICBMs were counted and their capacity and efficacy were determined by the exponential powers of the number of “warheads” attached.

ICMs, on the other hand, are a fairly recent phenomenon. They show the extent, or the lack thereof, in what agencies and individuals with minor fiefdoms will perpetuate.  They can also be metaphorical antonyms of ICBMs, in that when one possesses an ICM, it can result in the prevention of an ICBM being launched across the barricades of time.

For Federal and Postal employees who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS or CSRS, because of a medical condition which is impacting one’s ability to perform all of the essential elements of one’s job, it is important to utilize one’s hoard of ICMs.

Agencies often have no need or, rather, they will often disregard the need, to engage in utilizing impulsivity control mechanisms, because they have the power to hire, fire, reprimand, reassign or otherwise penalize the serfs of this world. But for the Federal or Postal employee who is contemplating filing for Federal Disability Retirement benefits, it is important to apply the various impulsivity control mechanisms available, including resisting the urge to inform a supervisor until the proper time; the inclination to make derogatory references about the workplace in one’s Statement of Disability; and other impulses which may ultimately harm the goal of attainment sought: of a Federal Disability Retirement annuity, granted through an approval from the U.S. Office of Personnel Management.

For, in the end, the ICBMs remained in cold storage [sic], precisely because the greater instinct for humanity’s survival depended upon the evolutionary relevance of ICMs.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: The Pruning Mechanism

It is one of life’s anomalies that plants flourish and thrive with targeted pruning; too much dismembering, and the sap of life can wither; too little, and the nutrients required for new growth will be diverted to wasted areas of decay, thereby allowing for greater susceptibility to disease. As animals cannot regenerate new appendages (with some variable exceptions), so pruning of limbs is not recommended. But the term itself can imply metaphorical contents — of leaving behind and cutting off ties which harm; of terminating associations which contribute to the decline of one’s health.

The complexity of medical conditions will often bring to the fore questions of causation and exacerbations; and while stress is an inherent factor in almost every employment arena, and further, is not normally recommended in a Federal Disability Retirement application to be focused upon (see previous articles on work-place stress resulting in “situational disabilities“, which can defeat a Federal Disability Retirement application), nevertheless, it is an issue which any Federal or Postal employee contemplating preparing, formulating and filing for OPM Disability Retirement benefits, should consider carefully, seriously, and with deliberate intent.

It is ultimately the U.S. Office of Personnel Management which reviews, approves or denies all Federal Disability Retirement applications for Federal and Postal employees under FERS or CSRS; thus, unless one works for OPM, it is an agency separate from one’s own employing agency.

It is that agency — one’s own — which always must be considered for “pruning”. For, while the central issue in all Federal Disability Retirement applications is the nexus, or “bridge”, between one’s medical condition and the essential elements of one’s job; still, it is often a prudent thought to consider that “burning” one’s bridge is the penultimate act leading to a fruitful “pruning” — a mechanism sought in a metaphorical manner, to redirect life’s nutrients into more productive tissues for the future.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Fragrance of Fear

One rarely associates fear with fragrance; perhaps with a malodorous scent, mixed with angst and perspiring anxieties just before flight; but, no, fragrance is generally linked to perfumes and similarly heightened pleasantries which enhance the attraction of attention.  But to dictators and emperors of insignificant fiefdoms, fear emits a sweet fragrance, one inviting sadistic responses and enlivening a meanness awoken by the subtle aroma of vulnerability and susceptibility.

Medical conditions invite fear; fear within the individual suffering from the injury or disability, for the future, for the pain and suffering associated with the diagnosis and prognosis; fear from without, expressed by loved ones and those whose associations can be counted within the circle of friends, family, and close acquaintances.  Beyond the normal parameters described, however, the ethereal fragrance of fear is caught by the olfactory nerves of predatory consciences awaiting the whiff of anticipated anxieties; as an evolutionary conduit to survival, it serves also to invite the unintended to exacerbated difficulties of life.

For Federal and Postal employees who suffer from medical conditions, whether of a physical or psychiatric nature matters not, the progressive deterioration and manifestation of the medical condition engenders a proportional heightening of fear; fear, in turn, further impacts one’s inability to perform the full functions of one’s job; and failure revealed at one’s Federal or Postal employment tends to invite a hostile work environment, bringing out the worst in people.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS or CSRS, is an option which the Federal or Postal employee should always consider, when once the medical condition prevents one from performing one or more of the essential elements of one’s job.

Such a step is often the only pragmatic option to attain the needed context of restorative health, and to quash the fears which envelope and accompany the crisis. For, it is often the fragrance of fear which wafts through the still air and invites the things that go bump in the night, and where washing one’s hands clean is the single best route, as opposed to dousing one with perfumes, scented soaps and smelling salts, only to exacerbate the greater troubles of multiplied turbulences.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: The Bucket List

The notion itself has gained a level of popularity which defies the dignity of established social norms; somehow, there is underlying a suspicion that generations of staid individuals secretly desire for things they never acquired. A life of quietude is no longer acceptable; one must now traverse the Himalayan mountains and meditate in the far reaches of unexplored valleys in order to achieve a complete life; and as the virtual world of video sensations require an ever-heightened magnitude of excitement and accelerated testosterone levels, growing up and making a mere living in one’s own town constitutes a wasted life.

Bucket lists represent a proportionality of quiet desperation; for, the longer the list, the greater exponential symbolism of one’s failure to have accomplished a desired completion of life.  Aristotle’s contemplative perspective of a worthwhile life is no longer the paradigm; quantity, magnification, and romantic notions of adventure and comic book-like excitements represent the pinnacle of value.  Until, of course, the reality of human frailty and the mortality of finitude brings one back to the starkness of daily living.

Medical conditions have a peculiar way of bringing one back to reality, and humbling one into realizing that, bucket lists aside, there are mundane levels of priorities which override such artificial conceptual constructs of self-fulfilling interests. Being pain-free; having one’s short-term memory remain intact; the mere ability to walk from one’s car to the office, etc.  Medical conditions tend to force upon us the true priorities of one’s life.

For Federal and Postal employees who have come to a point in their careers where a medical condition prevents them from performing one or more of the essential elements of one’s Federal or Postal position, the “bucket list” is satisfied with one item on the list:  How best to attend to one’s medical condition.  OPM Disability Retirement is an option which must always be considered by the Federal or Postal employee, whether one is under FERS or CSRS, in order to satisfy the checkmark. Filed through the U.S. Office of Personnel Management, it is a long, bureaucratic process which must be waded through in order to attain the desired end.

While an arduous administrative process, it is not quite as physically difficult as climbing a mountain, nor as exciting as diving from a cliff’s edge down a ravine into the deep blue of a cavernous lake;no, Federal Disability Retirement is a mundane process which may allow for a time to attend to the needs of one’s medical conditions, and perhaps to go on to engage a second, alternate vocation.

It is perhaps not on the top of most people’s bucket list. But then, such lists were always just another creation of Hollywood, meant to be completed in storybook fashion by those whose teeth are perfectly straight, white beyond nature’s coloring, and viewed in panoramic settings with a cup of steamed latte.

Sincerely,

Robert R. McGill, Esquire