Tag Archives: can you be forced to resign from the federal government for something disability related? Yes and if they don’t want you then file for disability retirement because it won’t be automatic

FERS Disability Retirement: Glimpses of Slices

That is about all we get from other people’s lives.  Yes, we make grand judgments and determinations based upon the scintilla of evidence we have.  It is even worse, in modernity; for, in past ages, people actually got to see one another, spending perhaps an evening over a meal, a get-together, an afternoon picnic, etc.

Now, we look at a flat screen, whether on the Smart Phone or a computer monitor, and cast judgments and aspersions based upon quick texts and posts prepared with minimal thought or consideration.  Superficiality is the modern equivalent of shallow minds in past eras.

Glimpses of slices are what we base our relationships upon, these days, because we have no time to spend in trying to understand or empathize.  Life is too busy; and while past ages and epochs also had little time beyond survival, at least much of it involved human interactions.

It is no different at the various Federal agencies, who know not the trials of their own employees and never take the time to try and understand what an employee is going through when a medical condition begins to impact his or her ability and capacity to continue in their career of choice.

That is why this lawyer’s standard advice is, to the following question: Should I tell my agency now, of my intent to file for Federal Disability Retirement?  The answer: Let’s hold off for as long as possible, because once they find out you are no longer going to be part of “the team”, all of a sudden, you will become a pariah.

Yes, glimpses of slices — that is what people now take with them to the graves which adorn the lifeless souls of people without empathy.  Contact a lawyer who specializes in OPM Disability Retirement Law, and let not the glimpses of slices defeat the worthwhile endeavors of tomorrow’s hope.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

Postal & Federal Employee Medical Retirement: The Bumpy Road Ahead

Life is always a rough-hewn piece of wood; and yes, while the grains may possess and reveal beauty, and sanding or polishing may bring out the inner, granular quality which depicts the artistry of nature, still — the bumpy road ahead remains just around the corner.

Sometimes, you see two young people in a cafe gazing dreamily into each other’s eyes, and you have to resist going up to them, slapping them gently over their heads in order to awaken them from the unreality of the moment.  Or, perhaps the better approach is to leave things alone — as life is full of problems and disappointments, let them have their respite of escape from the harshness of reality.

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 his or her Federal or Postal job, the bumpy road ahead likely includes the fight against the U.S. Office of Personnel Management in getting a FERS Disability Retirement application approved.

It is always a fight.  And like the rough-hewn piece of wood, it takes hard work to get past the splinters and obstacles before the “beauty” part can be reached.  Contact a lawyer who specializes in Federal Disability Retirement Law and let the specialist handle the bumpy road ahead.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

FERS Disability Retirement Benefits: How we fit in

Federal employees who don’t fit

Federal employees who don’t fit

 It is the misfits of whom we scoff at; of the random and discarded puzzle-pieces that seem to never find their proper configuration and therefore are cast aside before the picture is completed; and those square pegs that don’t fit into the round hole — whether, either the pegs must be shaved in order to conform, or the whole must be widened so that the peg can be dropped in; even though they don’t actually fit but remain loosely within the hole, but that’s okay because at least they are no longer seen as “not fitting in”.

In the end, the grind of life fatigues us.

We all conform, despite our initial resistance to such conformity.  The world requires conformity and predictability; and school, well, it is a means of ensuring the mass production of conformed groups who all think alike and behave in parallel fashion.  Every now and then, of course, a creative genius breaks away from the mold of artificial constructs; but in the end, even creative geniuses fall prey to the constant punishments meted out to those who dare to be different.

Federal employees who suffer from a medical condition and who can no longer perform one or more of the essential elements of his or her Federal or Postal job — they are, essentially, misfits within a Federal system that cannot accommodate misfits for long.

Federal Disability Retirement is a pathway out of the mold that dictates how we fit in; it is part of the “system” of dealing with misfits so that you are no longer deemed a disrupting influence upon the smooth flow of the Agency’s “mission” or the Postal Service’s massive mail distribution system.  It is a long and arduous process by which various criteria must be met, and as such, the Federal or Postal employee should consult with an experienced Attorney who specializes in Federal Disability Retirement Law so that the Federal Disability Retirement attorney can guide you into seeing how you will “fit in” — into the system as a Federal Disability Retiree.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: Means to an end

There is a difference, with a real distinction, between utilizing a process as a means to an end, as opposed to using people for the same purpose.  Such a concept should be a “given” – that logical posit which is unquestionably true, without the likelihood of being controverted, and generally accepted as a foundational principle in a caring society and community.  Yet, modernity has contravened such a belief, and truth and falsity have become relative concepts on the pendulum of linguistic elasticity where the spectrum of facts, beliefs and opinions have become an amalgamation of conflated confusions.

Have we lost the capacity to recognize and identify distinctions that are substantively different because of their self-evident meaning and relevance?  Do we no longer teach logic – whether of the fundamental Aristotelian syllogism, or the greater complexity by extension as delineated in Russell’s three-volume magnum opus, Principia Mathematica – such that we can no longer argue for even the basics when confronted by once-accepted paradigms that Kantian categorical imperatives allegedly put to rest forever and a day?

Yet, that final proverbial “day” has now passed, purportedly, and such statements have become mere fodder for dismissive philosophical trash-heaps characterized by “Mereology” and other third-rate, Oprah-like condescension of forgeries masking as genuine belief systems.

Sartre and Camus presented their cases; the former, through a meandering philosophical treatise some would characterize as “Heidegger-Lite” (the comparison can be made superficially on the titles alone – of “Being and Time” as opposed to “Being and Nothingness”) and where his plays allowed for greater coherence than any of his “serious” attempts, while the latter conveyed the angst of human repugnance to becoming “objectified” through novels depicting alienation and the dilemma of human value in the very activity of defiance and rebellion.

Man, we are told, should always be treated as an end in and of himself, and never as a means.  Yet, in this mechanized, electronic-ized, technologized society, where the Smartphone is King and the tactile engagement with one another is merely an afterthought, we have to recognize that such inane beliefs are now mere archaic formulations of former times, previous generations and outdated constructs no longer applicable.  The Angst of Existentialism has come full circle; that which we scoffed at because it originated from Continental Europe is no longer a Sisyphean mythology, but a reality that now consumes.

For Federal employees and U.S. Postal workers who feel the weight and burden of a medical condition, being treated as a means to an end becomes part of the process.

Past accolades of dedication and loyalty fail to leave a trail of concomitant interest and empathy of warmth; you find out quickly that others don’t give a hoot about distinguishing between “means” and “ends”; but in the end, it is precisely the means by which you end up treating a fellow human being, and the very filing of a Federal Disability Retirement application should in and of itself warrant treatment of being an “end”, and not a “means” – but such self-evident principles appear to no longer be the accepted normative value within a society that cries tears for the Oprah show, but not for the real human experiences of the person in your own office, sitting in front of you, a foot away, real, not imagined, not a picture on Facebook, but a person of real flesh and blood.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Of human frailty

Youth is the folly that disbelieves; middle age, of a progressive realization that the past does not lie, but teaches us of existent graveyards we may have passed unnoticed just yesterday, with question suddenly more prominent about mortality, the afterlife, and whether it is possible to cheat illness, death or debilitation from its awaiting wages.  Do we call out to the gods in a moment of desperation, ready to make a Faustus-like contract, or buy into the cosmetic youth-movement with lotions, fitness regimens and, in the end, surgical alterations to cheat the fates of time?  Of human frailty, there is no avoidance.

We can demand damage-control and engage in the peripheral tinkering where the god’s of malevolent intent care not because of the harmlessly futile attempts we employ; and, in the end, nothing subverts but merely detracts, and only extends just beyond the embrace of our own egoism so long as we avoid the hanging mirror in the privacy of bathrooms unlit.

What cosmetic and artificial superstitions we initiate matters little; for human frailty is part of the joke that the mirth of mythological gods make game of, with mocking repose during lighthearted times of boredom refracted.  Frailty steals the clothes that hide, leaving naked the humanness of what we are, unearthed to reflect the very soil from whence we came and to which we return.

Medical conditions unravel the façade we create and surround ourselves, hiding the little we don’t already reveal, like Adam in those Medieval depictions with a leaf leaving the imagination to view beyond the superficial coverings of our own lives.  For Federal employees and U.S. Postal workers who suffer from such medical conditions, such that they prevent the Federal or Postal employee from performing one or more of the essential elements of the positional duties slotted, the reality of human frailty comes to the forefront.

For, ultimately, the purpose in filing for Federal Disability Retirement benefits is twofold:  A recognition, acknowledgment and admission that the time has come to attend to priorities in life otherwise disregarded for too long; and an understanding that the history of human frailty does not merely depict and describe in dusty old books forgotten in the arcane halls of crumbling libraries, but lives on beyond the artificial facades of cosmopolitan egos that dwell beneath where the gods of fate, time and reincarnated echoes of forgotten graveyards remind with a cold whisper of tomorrow’s past.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: False Positives

We demand that a “retest” be done, to ensure that the result did not have the opposite effect.  It is a linguistic conundrum that the affirmative means its negative; for, in medicine, a “positive” result is the worst of news, whereas in most every other context, it is a welcomed declarative.  But because it is a result which is not embraced with delight, we ask that it be further verified in the event that the “positive” is a false one, and we want it instead to not be a true one, and thus ask for a retest in order to see whether the second one will result in a true negative, which is the opposite of a true positive in hopes that the first positive result is a false one.

Are there such similar circumstances in daily life, apart from the medical field, where we received results of false positives?  The latter term in the phrase is misleading, precisely because laudatory declaratives are normally welcoming additions; yet, combined with the former word that essentially negates the latter, it is an oxymoron of sorts and is thus relegated to a defined field in the medical arena.

But false positive do rear their ugly heads now and again; in employment, where awards and exuberant encouragement are provided with nary a compensatory incentive, giving the impression that the company recognizes the employee as a valued asset, all the while withholding that most coveted of advancements – the “raise”.

That is surely a “false positive” that needs to be retested.

Or, of loyalty seemingly accorded by a Federal agency or the U.S. Postal worker, so long as productivity is met and the “mission of the agency” is placed on a priority basis, where long and uncompensated hours, both in physical presence and cognitive input when exhaustion from work, worries and problem solving overwhelm and consecrate; but when it really “counts”, does the concept of loyalty allow for bilateralism, or was it merely a one-way street:  Your loyalty to the Federal Agency or the Postal Service, in return for a false positive?

Is filing a Federal Disability Retirement application considered a “false positive”?  Or even in an inverted sense – it is “positive” because it is a benefit which is available when (often) all other options have failed; it is purportedly “false” because it means giving up one’s career and being presented with a future with less income.

But it can also possess an inverted meaning –  of a false positive because it is an a recognition that the medical condition has come to a point where an admission must be made:  the falsity of hope in relying upon the Federal Agency or U.S. Postal Service to reward one’s undiminished loyalty these many years and decades, would result in an accommodation of the medical condition, combined with a sense of positive outlook for the future because of this past reliance.

No – unfortunately, such a false positive would surely have to be retested, and the result would be that, yes, the false positive of having the ability to prepare, formulate and file for Federal Disability Retirement benefits is indeed a true positive that is there to be accessed.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement for Federal Employees: Age

It is only that proverbial “state of mind” for those it does not impact; then, when reality sets in, the decrepit bones and uncooperative muscles, inability to will the stamina to rise to the occasion, and the creaking temerity of organs unable to muster the vitality of even a decade ago, we submit to the currency of our own destiny.

We can scoff at it; deny it; attempt to defy its residual consequences; and even remain indifferent to its effects; but in the end, mortality demands a say in the matter, and age is like the ravages of time and the echoes of a haunting flaw:  inescapable and unwavering, it creeps up and declares its prominence at the head of the table.  Some feel the effects well before the standard time; others attempt to revolt and rebel until the impervious universe indifferent to human incantations of defiant ineffectiveness simply ignores the pleas of hopeless tumult.

Age comes upon us like that undeniable thief in the night, burglarizing the last remaining hope and hint of a better tomorrow.  Of course, the connotation can be twofold or more:  Of the linear quantification from birth to the present, counting in solar years and seasons of rotational inevitability; or, it can denote a state of moving beyond the halfway point and into the pendulum swing of destiny evidencing man’s mortality.  There are, of course, other meanings – of a certain epoch or period; uses like, “coming of age” or applying it to various methodological interests in placement within a period of history.

For Federal employees and U.S. Postal workers who are contemplating preparing a 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, the relevance of the term is multitudinous:  Age in terms of eligibility towards regular retirement; how old, but more importantly, can one continue until retirement age, or will the ravages of time, medical conditions and deteriorating workplace environment lead one to such a decrepit state that to continue on would merely evoke a devastation of any future hope of enjoying retirement at all?

For, when the stated age of one’s linear presence in this universe is far less advanced than how one feels “health-wise”, and the hollow look of hopelessness prevails where the future is merely a black hole of bleakness, another turn of pain and suffering, and no amount of “positive-thinking” will brighten an otherwise dismal perspective, then what would be the point of continuing to struggle just to meet the linear statement of age, but have no joy left to reap its benefits promised?

Preparing an effective Federal Disability Retirement application, to be submitted to OPM, is an option to consider, when age cannot be prolonged to meet the eligibility requirements for regular retirement, and the body, mind and soul are screaming out that one’s career has come to a point where age is no longer a factor in considering whether or not the essential elements of one’s positional duties can be met – instead, the proverbial dawn of an age forthcoming requires that something must give, but age is simply an echoless march of time that hears not such cries of rebellion or protest.

Sincerely,

Robert R. McGill, Esquire