Tag Archives: choices a disabled federal employee has today

Federal Disability Retirement: The Pathway of Choice

Pathways are peculiar entities; pre-Google Map times, they were a maze of forbidden routes, romanticized by a generation who were familiar with the television series, Route 66, and about hitchhiking, wrong turns, Robert Frost’s famous poem and Rand McNally road maps.

Now, of course, Google guides, directs, and (sometimes) allows for avoidance of unnecessary delays.  But is it the pathway of choice, and even more importantly, is the pathway chosen the best one for each one of us, the most advantageous for us, and the one which ultimately is in our best interests?  If the pathway that is chosen is simply so because all others are never known, or merely because that is the Robert-Frost-look-alike, when in fact it is delimited because of our lack of knowledge, is it really out of choice or of necessity?

Perhaps the career chosen is not turning out to be the realization of one’s dreams; or, as sometimes happens, an unfortunate set of circumstances has intervened — like a medical condition — and suddenly the pathway of choice that we thought would fulfill our hopes and dreams no longer seems possible; then what?

For Federal employees and U.S. Postal Service workers who suffer from a medical condition such that the medical condition no longer allows us to perform all of the essential elements of the Federal or Postal positional duties, the pathway of choice for the immediate future may seem constricted:  Stay put and suffer; walk away with nothing; or, prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

That is the tripartite fork in the immediate road on the way to one’s pathway of choice; but then, there are other “forks in the road” beyond, such as being able to work at another job after one has been approved for Federal Disability Retirement benefits, whether in the private sector or in a state, county or municipal employment scenario.

Don’t be restricted to the immediacy of one’s pathway of choice, for there are many forks beyond, and the pathway of choice as dictated by Google maps only tells you which turn to make in the next quarter mile, and not about what may be chosen in future lives yet unforeseen.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Life Choices

We all have to make them; and though we may alternatively want to curl up into a fetal position and wish the blunt world to stop bothering us, the decisions we make, and take responsibility for, reflect the state of maturity which binds us to age, experience and level of moral maturity.  It is, to a great extent, a superficial and shallow connotation and reference point; for, as the inevitability of choices to be made result from living in circumstances of our own making, so to imply that there is anything “substantive” in speaking about them undermines the very relevance of implication itself.

To live is to be confronted with daily choices; only the dead remain silent and require not the paths to pick.  Thus do mundane and pithy sayings originate.  Life is full of choices; the choices we make in life determine the future course of events yet indeterminate, but somewhat foreseen and predictable. Often, we avoid them not because of consequences untold, but for knowing the folly of our decisions.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition foretells of impending signs which the Federal agency and the U.S. Postal Service have, or will, impose and initiate, the time to begin preparing one’s Federal Disability Retirement application is “now”.  Yes, the Federal and Postal employee has up to one (1) year to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, in order to meet the Statute of Limitations for filing an OPM Disability Retirement; but as it often takes many, many months to prepare, submit and get an approval from OPM, so the decisions we make today will have future consequences untold but foreseen if choices are not embraced in a timely manner.

Life presents many choices, alternatives, and lists of items like entrees on a menu; but in the end, the choice made means that when the plate of food arrives, a check for payment will follow soon afterwards, and it is the expectation of the price to be satisfied which should prompt and motivate any decisions of delay for the Federal or Postal Worker who intends on procrastinating in the preparation, formulation and filing of a Federal Disability Retirement application through OPM, whether the Federal or Postal employee is under FERS, CSRS, or CSRS Offset.

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

 

USPS & OPM Federal Employee Disability Retirement: One of Those Days

There are “those days”, so characterized because of the micro-calamities which, in their cumulative impact, disproportionately reveal a compendium of aggregated irritants amounting in totality to a forgetful epoch of one’s life.

By contrast, a medical condition of an insidious nature, progressively deteriorating, chronic in persistence and debilitating in severity, magnifies tenfold — nay, a hundred, a thousand, a ten-thousand-fold impact of exponential consequences — the remembrances of pain, psychiatric turmoil, and the bitter acknowledgment that life’s meaningful embrace has lost its luster.

The vibrancy of youth, of formidable tolerance for reckless antics and disregard of forbearance and calm rectitude of reasoned behavior, now replaced with caution and trepidation, lest the excruciating pain explodes unmanageably and coworkers can see that you are one of the ones who are now an “outsider”, like those of old, isolated, quarantined and banished to the leper colony, no longer extolled of the talents and virtues once possessed.

While microcosmic calamities can be shrugged off with an excuse of blaming some external circumstances, the problem with medical conditions is that it is tied singularly, inextricably, and undeniably, to the person “possessing” the medical condition; and like siamese twins who share a vital organ, one cannot extricate from the consequences of a medical condition as one can from a spilled cup of coffee.

For the Federal worker or Postal employee who suffers from a health condition, such that the medical condition constitutes a daily cup of spilled coffee, the choices are quite clear: remain in the same capacity and bear the brunt of the daily calamities; resign and walk away with little to nothing to show for one’s lifetime efforts; or the more viable option, to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS.

One can sit and sigh, and resign one’s self to accepting fate as characterized as “one of those days”; or fate can be controlled, maneuvered and manipulated, to where those days of calamitous casuistry can be relegated to forgettable events of days bygone, and where the Federal or Postal employee can begin to rebuild a future based upon an OPM Disability Retirement annuity which allows for a base annuity, along with the potential to earn up to 80% of what one’s former position currently pays.

Thus, just as a cup of coffee spilled can be cleaned up; so the hallmark of “one of those days” can be merely an isolated event in an otherwise greater spectrum of life’s potentialities.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement from the U.S. Office of Personnel Management: A Choice of One

A choice of one is not a choice at all, except in comparative contrast to the state of affairs one is left with. In life, however, that is often the only viable option offered: Either to remain in an unchanged state of being, or to adopt another set of circumstances which may offer only a limited attraction of availability.

But in choosing the alternative option in comparison to one’s present state of affairs, the evaluative process should not be frozen in present-time analysis; rather, if the given option allows for greater future promise and flexibility, as opposed to the current situation which may retain little to no hope for the future, then the qualitative attractiveness of the “other” may be of exponentially greater value.

One must always take care that one is comparing the valuation of items within a set of choices in terms of qualitative comparability; thus, the old adage and admonition of “comparing apples to apples, and not to oranges”, applies both in terms of substance, as well as future potentialities.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition begins to prevent one from performing one or more of the essential elements of one’s job, the “choice of one” is often what one must confront. For, not filing for Federal Employee Medical Retirement will ultimately lead to separation and administrative termination. Or, one may simply resign from one’s Federal or Postal job, and walk away with nothing. Neither of the two previously-stated “options” are viable or rationally sound ones.

Thus, for the Federal and Postal employee who is suffering from a medical condition which impacts one’s ability/inability to perform the essential elements of one’s job, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management becomes the “choice of one”. But it can still be considered a viable and fruitful choice, precisely because it accords a relative state of stability for one’s financial future, and further, it allows for the Federal and Postal employee to seek other employment in the private sector, and make up to 80% of what one’s former Federal or Postal position currently pays, and still retain the Federal Disability Retirement annuity.

Not all options offered are equal. An ice-cream stand which offers only one flavor makes a limited presentation of attraction; but if the inner core of the singular flavor contains a mystery of hidden bursts of multiple sensory explosions which enhance the salivary delights of the customer, then you suddenly have a greater choice than merely a choice of one.

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

Medical Retirement Benefits for US Government Employees: The Unchosen

It is a term and concept which denotes a negation of what once was; like an unfinished paragraph or a torn page in a novel, the act of undermining and incompleteness is implied; and so the reader will never know the full story or the thoughts once surfaced but buried forever in the settled dust of time.  A career cut short; quiet whispers of, “and he was such a promising young man…”

Federal and Postal Workers who file for Federal Disability Retirement benefits, whether under FERS or CSRS, through the U.S. Office of Personnel Management, fit nicely into that category of the unchosen.  Once part of the workforce, the need to detach, separate, and move on to another and different phase of life, career, vocation and stage — all are aggregately bundled into the entire process of separation from an organization which once chose, but because of circumstances beyond one’s immediate control, ascribed with the prefatory negation of that which once was.

When a medical condition impacts one’s ability to perform all of the essential elements of one’s job, the Federal employee has few choices.  Continue on as one of the chosen; walk away with nothing to show for it; allow the agency to determine the time and place of becoming one of the unchosen; or file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, and have some semblance and control of being the master of one’s destiny and future.

Becoming the unchosen may begin with a preface of negation; it is up to the Federal and Postal Worker to replace the torn page, and complete the unfinished paragraph.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement for Federal and USPS Workers: Independent Entities

If Federal agencies were created with the proverbial single “stroke of the pen”, all at once, in unison and coordinated intersections of thoughtful complexities, then of course there would be a lack of overlap, duplication and repetition. The essence of efficiency is precisely to limit duplicative efforts. But then, some would perhaps say that it is an inherent self-contradiction to assert that Federal agencies can both be coordinated as well as efficient.

In the disability compensatory systems impacting Federal and Postal workers, there are multiple “pockets” which the Federal and Postal worker can be eligible for, given the right qualifications and by meeting certain threshold criteria. Under FERS, the system of retirement and disability retirement was fairly well-planned (and, again, some would say that such planning was a historical first, in many ways), in that it envisioned a coordination of benefits between the retirement system and Social Security. That is precisely why, in filing for Federal Disability Retirement benefits under FERS, the Federal or Postal employee must also file for Social Security Disability Insurance benefits sometime during the process.

Then, of course, there are a multitude of other programs and agencies, such as VA benefits (for Veterans of the military services) and OWCP/FECA, for “on-the-job” injuries. Each are independent entities, created for specific purposes, goals and targeted personnel.

Over the years, the Courts, and specifically the U.S. Merit Systems Protection Board, have somewhat “clarified” the interconnecting impact of a decision from one independent agency upon the decision-making process of another, and such decisions should be used in arguing one’s Federal Disability Retirement case.

Benefit coordination, offsets and simultaneous filings aside, how one utilizes the decision of one administrative agency in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, is an important component in reaching the goal of a successful Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: To File or Not to File

The famous Shakespearean refrain is from Hamlet’s soliloquy, and concerns the choices of one’s life, of comparative analysis of meaning, value and purpose; but ultimately it is a question of choices — akin to Camus’ evocative essay in The Myth of Sisyphus.  Choices are what confront us daily; and some, unless we opt to proactively pursue the right path, are lost forever.

For the Federal or Postal Worker who has been separated from Federal Service, the angst of filing often prevents them from choosing.  But with a legal Statute of Limitations barring the Federal or Postal worker from filing after one (1) year of being separated from Federal Service, it is at a minimum important to file, than not to, in order to preserve the right to potential eligibility of benefits.

Not to file within the deadline bars the Federal and Postal employee from ever making an argument, ever seeing whether one is eligible for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS; by filing within the deadline of one (1) year, one can always likely supplement one’s case, make further arguments, reinforce one’s case after the deadline; but if one fails to file within the statutory deadline, then one is silenced forever.

The choice of Hamlet is indeed a stark one, and one which Camus reiterated as one of “why” in facing the existential reality of survival; for Federal and Postal workers who face a statutorily-imposed potential for being barred forever, a similar encounter with reality must be faced:  to file or not to file.  Only the former choice makes sense, while the latter option propels one into the great void of nothingness and nihilism — a state of non-existence which one should never choose.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: Choices Left

Options presented imply the availability of alternative picks; but such choices are real ones only if they don’t magically disappear when asserting one over another.

By analogy, Agencies in a Federal Disability Retirement case may claim that all sorts of accommodations have been attempted and provided; but if an ergonomic chair has been given to an administrative worker who suffers from psychiatric conditions which impact one’s focus, concentration, and cognitive capacities, the irreconcilable lack of correspondence between the attempted aid and the medical condition suffered, amounts to an ineffective attempt at accommodations at best, and at worst, a cruel joke.

But as Agencies enjoy patting themselves on the proverbial back, so statistically they can claim that 99.9% of their employees have been accommodated; it just so happens that either the Federal or Postal employees failed to take advantage of such empathetic attempts by the agency, or were not able to appreciate the full extent of such angelic endeavors.

Many medical conditions, of course, are unresponsive to any such attempts of accommodations, precisely because of the very nature, extent and severity of the conditions themselves.  This leaves one with the only choice left:  to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS.

That is why the benefit was enacted; as such, there should be no reason why agencies should attempt to subvert or otherwise place obstacles in the quest for a goal which was intended to accommodate such non-accommodatable circumstances.  But then, the test of sincerity is not mere words, which can come cheaply, but through actions, which can result in a stark reality-check.

Sincerely,

Robert R. McGill, Esquire