FERS & CSRS Disability Pension: In between preparations for vanishing

The Biblical reference is where John the Baptist declared that his role in the historical narrative would naturally diminish by relevance in order for the primary character to loom large upon a world in need of a coming savior.  Each of us strive daily to accomplish, achieve and advance (ah, the 3 “A’s” might be the title of the next New York Times Bestseller on the mass marketing list of self-help books); that is the natural inclination from birth to death – or, at the very least, until one has expended and exhausted the reservoir of stamina each retains for the daily battle of life itself.

What we fail to recognize is that, as another book of wisdom in an age prior to the declaration of a coming earthquake that would split the earth and crack the old barrels of fermenting wine (figuratively stated) pointed out, there is a time, a season and the proper context when certain acts should be considered (paraphrasing here), and prominent among them the capacity to recognize the appropriate time to begin paring back, preparing to recede and allow for the next generation to take its successive position of assertive presence.

Do we embrace the in between preparations for vanishing, or do we fight against it because that is what we have done all throughout our lives?

It is important, for instance, to apply the principle of eventual vanishing when one becomes a parent, in order to foster the self-confidence of a son or daughter; to slowly, incrementally and seemingly naturally allow for the opinions and views of the younger ones to grow in stature, relevance and significance, such that when adulthood is reached, the lowering of the parent’s perspective becomes equal to the rising of the child’s self-image.

At that point, when the balance between childhood and esteem for one’s parents meets in the middle upon a spectrum of wide variance, parent and child can become co-equals of a sort, and “friends” as much as a parent and child can be.  In order to achieve that goal, however, it is necessary to engage in “in between” preparations for vanishing – not to totally obliterate the relevance of one’s historical accomplishments, but to incrementally diminish in magnification and presence.

Fighting against the need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is often based upon the lack of recognition that in between preparations for vanishing is a natural and necessary part, at a certain stage in life, during a particular season of one’s career, and when the time necessitates.  Yes, the Federal career and the Postal work provided a sense of identity and granted a purpose, focus and compelling force during the productive career – but now, the season has changed, the context has altered and the time has ripened in another direction.

It is time to engage the in between preparations for vanishing – not to totally disappear, but to diminish, such that when a Federal Disability Retirement is attained, the next stage of one’s life can be opened for that which we term the greater adventure of life.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: Terms

Language is a malleable vehicle.  There have been times in the history of language, when the staid and stodginess period of loss of vibrancy became the rule, followed by epochs of radical vicissitudes, upheavals and counter-conventional revolutions in the medium of language games.  Whether this encapsulated slice of linguistic alteration, upending traditional forms of communication because of electronic media and the hype of language abbreviated by Twitter, Texting and Tablet Titillations, will last the short life of technological innovation and obsolescence, is yet to be determined.

For example, the time of Shakespeare’s linguistic explosion of experimentation and expansive usage became in retrospect a richness of entering into connotative language meanings from which we benefit to this day.  But steadiness, continuity and conditions of stability are also important in order to take the proverbial breather to accept, embrace and assimilate (a term widely used for contextual purposes in modernity applied to immigration reform, as well) the linguistic revolutions that become incommensurate with meaning, communication and conveyance of terms.

Terms are important, both in common usage and in technical application.  In the arena of Federal Disability Retirement Law, different words are splayed about, sometimes without regard to proper application, especially when the “law” often requires a greater attention to precision of meaning.  Some simple and common crossovers of linguistic confusion involve:  “medical retirement” and “disability retirement” – do they mean the same thing?

If reference to either term involves the submission for an early retirement to the U.S. Office of Personnel Management, then the answer is “yes”, they do mean the same thing.  Federal Disability  Retirement is identical to “Federal medical retirement” if by such words the query is referring to filing for an early retirement based upon the Federal or Postal worker’s inability to perform one or more of the essential elements of one’s Federal or Postal position, and therefore the intention is to access an early annuity because of one’s early retirement based upon the medical condition, and submitted to the U.S. Office of Personnel Management.

Some other terms often confused or conflated:  “On-the-job injury” or “pre-existing condition”; these terms are often used in the language-arena of Worker’s Compensation issues, and rarely have any import – or applicability, at all – in the context of a Federal Disability Retirement application.  For, in a Federal Disability Retirement application, whether the applicant is under FERS, CSRS or CSRS Offset, it matters not whether or not one has been disabled “on the job” or away at a skiing accident; instead, what is important is the impact of the injury or disease upon one’s ability and capacity to perform the essential elements of one’s Federal or Postal position.  As for a “pre-existing” condition – that, too, is more likely appropriately defined in an OWCP context, and rarely in filing a Federal Disability Retirement application.

In any event, “terms” are meant to be used within a context-appropriate content of filings, and in preparing, formulating and filing an effective Federal Disability Retirement application, it is important to clarify and conform to the applicable statutory mandates in defining and using the terms which are most appropriate and effective.

For, in the end, the explosion of language during the era of Shakespeare and the Elizabethan Age reverberates with critical linguistic richness to this day; yet, if we were to have a conversation with a bloke from that era, the terms employed would not only confuse us, but confound us with a profound sense of despairing lack of cogency despite our self-aggrandizing declarations of superiority and advancement in the modern parlance of greater self-esteem.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement: Bastion and Refuge

The former is a fortress of protective repose; the latter, a shelter from pursuit or danger; in either case, both provide for an escape from harm.  And there are harms beyond physical danger, which count as “real” threats.  One need not be a refugee standing in line at the borders of Hungary or Croatia, hoping to be given asylum enroute to Germany, France or the U.K. in order to be considered a person of persecutory targeting.

Whether physical harm or by psychological demeaning, the need for safe harbor should never be determined by comparative analogies of differing circumstances, but via the perception of our needs and levels of tolerance.

In logic, there is the fallacy of mereology, where the relationship of part-to-whole can lead to conclusions wrong in substantive form, and dangerous in terms of truth and validity.  One’s own circumstances may be “merely X” in comparison to the greater encompassment of tragedies taken as a whole; but that does not necessarily invalidate the reality of the desultory situation one must face, and the loss of compass, meaning and circumference of relational considerations in determining the future course of one’s life.

Medical conditions have a tendency to skew one’s perspective.  To continue on without change or repose, because the rest of the world in comparison to one’s own microcosmic universe is merely that much worse off, is to deny the reality of one’s own hurt.  For Federal employees and Post Office workers who feel that giving up one’s career and applying for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is a step towards escaping to a bastion and refuge but one which fails to adequately compare to others in more dire circumstances, the need for a “reality check” is often required.

One needs to always start from the vantage point of the present.  What others do, where others are, and how comparatively one’s own situation is “merely X” in contrast to stranger-Y, are irrelevancies perpetrated upon one’s imagination through an overabundance of informational overload.  Once, there was a time when a local newspaper was the only contact with the greater world.  Now, with Smartphones and constant Internet access, we tap into the greater bastions and refuges of those in far-off lands.

But for the Federal employee and the U.S. Postal worker who must confront the reality of the situation of contending with a medical condition, such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal positional duties, the “here and now” is what must be faced, and whether one’s medical condition and the situation facing the Federal or Postal worker of today “merely” pales in comparison to others in unknown wastelands, is to concern one beyond the focus and centrality of concerns and problems encountered now, in real time, in the reality of one’s universe, today and this minute.

Other parallel universes will have to deal with their own internal problems; it is the bastion sought and the refuge take by the Federal or Postal employee of today, which matters in the most personal of manners, and what should concern the hurting Federal and Postal employee in the here and now.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Lawyer: The Disadvantage of the I-Thou Perspective

People tend to expect the best results; and when a Federal or Postal employee files for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the applicant who is unrepresented and prepares, formulates and files the Federal Disability Retirement packet on his or her own believes that an approval is forthcoming at the First Stage of the Process.  Yet, often unaware and unbeknownst to the Federal or Postal applicant, the lack of separation between the I-Thou construct fails to provide a proper perspective of objectivity.

Allow me to expand and explain:  As the Federal or Postal employee who experiences the medical condition (the “I”) is the same person who prepares, formulates and files the Medical Retirement application (the “thou” from the perspective of the U.S. Office of Personnel Management), any sense of objectivity is often lost because the I and the Thou are one and the same person, and the Federal or Postal employee who experiences the medical condition is simultaneously the same one who is seeking an approval of the OPM Disability Retirement application.

Of course, that same scenario is repeated even if the application is filed through a Federal Disability lawyer (in the sense that the Federal or Postal employee still seeks to obtain an approval from OPM) with one major exception:  there is another “thou” perspective included and involved — that of the Federal lawyer representing the Federal or Postal employee who is seeking to have a Federal Disability Retirement application approved.

Objectivity is a crucial component of a Federal Disability Retirement application; that is why so many “silly” mistakes are injuriously embraced without self-knowledge or with disengaged awareness.  It is like the cook who loved the taste of arsenic, and thought that everyone else should as well; and so he sprinkled the deadly poison onto his own food and enjoyed the taste of his own creation, only to slowly die from the feed of his own foolishness.

There are many “kinds” in the arena of foolish endeavors:  There is the “quantitative approach” (“I sent them thousands of pages of treatment records”) which fails to ask the question, Who will read it all?  There is the “trusting soul”:  “I just signed a release and had them send it all directly to my Human Resource Office”.  Then, there is the person of naive disbelief:  “How could they not approve it with the medical conditions I suffer from?”

The problem with all of these is the lack of objective perspective; the I-Thou connection is now given the distance, separateness and objectivity necessary to determine the viability and effectiveness of each and every piece of the puzzle needed to put together a proper Federal Disability Retirement application.  Are there ever any guarantees in life?  No.  Can a lawyer who specializes in Federal Disability Retirement laws make a difference?  Yes.

Fortunately, unlike the metaphor arising from the cook and the salsa of arsenic, there are multiple stages within the administrative process of pursuing Federal Disability Retirement benefits through OPM, and a denial at the First Stage of the bureaucratic pathway is not irreversible, and does not result in the inertia of life rendered by ingestion of substances otherwise tasty but harmful.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Disability Retirement Attorney: VERAs

With spring comes the rumors of love, furtive dalliances, clandestine consummation and intrepid interludes; as well as the potential for Voluntary Early Retirement Authority for Federal and Postal employees.  What the latter (known under the acronym of VERA) has to do with the multiple listings of the former (rumors of love, furtive dalliances, etc.) is anyone’s guess; perhaps there is no connection at all or, more likely, the cognitive comparisons we make have to do with offers of change, adventure, and a need to evaluate the impact of all of the above upon the security of one’s future.

The devil, as in all things, is in the details.  Whether a VERA is accepted or not should be based upon the incentivized offer; and it is often the short term gain (a large enough sum of cash “up front” in order to make it attractive), like the adrenaline-flowing excitement propelled by a romantic interlude, which compels the Federal and Postal worker to accept the VERA.

Be not fooled; the Federal agency and the U.S. Postal Worker is proposing a VERA not out of the kindness of their abundant hearts; rather, it is to streamline, strip and effectively make skeletal the overburdened bureaucracy of the Federal government and the U.S. Postal Service.  But the question, as applicable to all VERAs (as well as to romantic dalliances) is, Is it good for your future?

If the Federal or Postal worker must accept a VERA, the underlying reason and rationale is often because he or she can no longer continue in the job anyway; and, to make the point ever more poignant, that foundational reason for an inability to continue often involves a medical condition.  That being the case, it would be wise to evaluate and compare the short-term gain potentially attained through a VERA, as opposed to a long-term security of purposes accessed through filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Both a VERA and a Federal Disability Retirement application must be filed through the U.S. Office of Personnel Management.  Both are ways to discontinue the present set of circumstances the Federal and Postal employee finds him/herself in.  The VERA, however, is a plan of self-indulgent action proposed for the benefit of the Federal agency and the U.S. Postal Service; Federal Disability Retirement is a course of determination based upon the best-interests of one’s health and well-being.  And, like clandestine romances engaged in behind the locked doors of distant roadside motels, the VERA may merely be a response to a mid-life crisis leading to an emptiness in one’s soul once the excitement has passed.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Value & Worth

The two are often intertwined; what is of value is considered something of worth, and that which has an ascribed worth, is viewed as a thing of value.  If an objective, marketplace standard is applied, then the value of X may be disconnected from the worth of X; for, while X may retain little or no monetary value, the worth of the object to an individual may still endure (for sentimental reasons, emotional attachment, etc.).

Where human beings are considered, however, exceptions as to the inextricable conceptual intermingling of value and worth must prevail; but there again, the value of a person’s services in a specific industry may have an objective criteria upon which to base one’s worth.  Damaged goods devalue the marketplace price of commodities, and a similar ascription of worthiness is often viewed when an individual becomes less productive in the workplace.

For Federal employees and U.S. Postal Workers who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, this very concept of marketplace devaluation is both familiar and starkly personal.  Whether an objective value of marketplace worth can truly be ascertained when describing human contribution, is a debate for ivory-tower pundits of a philosophical bent; in the real world of workplace harassment, supervisors who are egomaniacs and self-centered forces of disruption, and where fiefdoms of power stations are mere playgrounds for toying with the weak, the issue of what to do when one’s level of productivity becomes clearly manifested as a result of a medical condition, is one which must be approached with a pragmatism of limited choices.

Federal Disability Retirement is an option available for all Federal and Postal employees who have a minimum of 18 months of Federal Service under FERS (and 5 years under CSRS), and allows for the Federal and Postal employee to retain one’s health insurance and leave the Federal workforce with an annuity for one’s future security.  Federal Disability Retirement benefits are obtained by filing a Federal Disability Retirement application through the U.S. Office of Personnel Management, and must meet the preponderance of the evidence test.

Whether value and worth are conceptual constructs which have distinctive meanings may merely be of academic interest; but it is always the case that the value and worth of one’s future security is an interest of pragmatic significance to all U.S. Government employees and Postal workers, and which must be fought for in order to secure a sure footing in this world of uncaring inhumanity.

Sincerely

Robert R. McGill, Esquire

 

Federal Disability Retirement Benefits under FERS, CSRS or CSRS Offset: Times of Reflection

There is never a time when reflection should not be part of one’s arsenal of daily living; but too much reflection, during “down” times where interludes of rumination can become a compound for exacerbated worrying, may result in unnecessary turmoil, and ultimately of impotent inaction.

Having a medical condition will often force an acceleration of tumultuous worrying, for it impacts one’s future, questions the stability of one’s present, and magnifies wrong turns and decisions made in the past.  But it is the combining of a tripartite approach which provides for effective leadership in any matter:  evaluation and analysis of the problem; initiation of affirmative steps to be taken; and follow-up to ensure application and conclusion to a process begun.

Being in a purgatory of sorts, or suspended through indecision, can often be a seemingly harmless state of being, precisely because nothing is happening; but in the void of nothingness, the fact of failure in progress may be the greatest harm of all.

For Federal employees and U.S. Postal workers, filing for Federal Disability Retirement benefits when a medical condition impacts one’s ability to perform one or more of the essential elements of one’s job, is just such an affirmative step which has to be taken in order to secure one’s future.

Federal Disability Retirement is an administrative, bureaucratic process which can only be secured if the Federal or Postal employee initiates the process through one’s agency, en route to filing with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  It has many stages; multiple potential pitfalls; and a continuum of administrative difficulties.  At each stage of the process, there are bureaucratic requirements which must be timely met.

There is, in life, a time for reflection, and a time for action; the former can be accomplished at the leisure of civilized society where culture, creativity and a coalescence of classics can converge; but the latter must be through sheer will in the context of need, and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset is a combined effort of both reflection and action, where the former spurs the latter into fruition.

Sincerely,

Robert R. McGill, Esquire