The Admixture of Incremental Deterioration of Health Conditions While on Federal Employment

Destruction rarely comes as a sudden, tumultuous event; that is why tornadoes and hurricanes are noteworthy news items.  Instead, it is the slow rot of incremental deterioration which represents the commonplace thread of destroying lives, sort of like the metaphorical water torture where the progressive drip of each drop of destructive degeneration defines the dilapidation of deferred degradation (have we now engaged in enough alliteration to satisfy one’s amusement?).

Life itself is complex; filing for Federal Disability Retirement benefits must contend with such complexities, and it is often prudent to “separate out” the admixture of various issues in order to arrive at the best decision for each particularized life and circumstances.  Like splitting a cluster of atoms, separating a neutron can result in an unexpected implosion if one does not have a clear path and exit strategy, including having full knowledge of the consequences potentially resulting from each action engaged.  To the extent possible, one should never begin a bureaucratic process without knowing the resulting impact, whether foreseen or unforeseen.

The decision to file for Federal Disability Retirement benefits with the U.S. Office of Personnel Management by the Federal or Postal Worker, whether under FERS or CSRS, can never be taken in a vacuum; the medical condition may have had its inception several years before; the agency may have undergone multiple changes of supervisors, where previous bosses signed off on liberal use of SL, AL & LWOP; where travel was curtailed with a wink-and-a-nod, and a loosely-held network of implicit understandings allowed for continuation in a position despite one’s inability to perform all of the essential elements of one’s job.

Then, one day, in walks a fresh face, and the other side of humanity suddenly disappears.  Complaints are whispered, or perhaps even officially filed as an EEO suit.  Stress levels are increased, and suddenly medical conditions which were previously managed and quietly maintained flare up into major impediments and life-events bordering on crisis and turmoil.

One must understand, however, that the progressive and incremental deterioration was always in existence; it is precisely because of the slow, almost imperceptible nature of the rotting which was occurring, that few noticed.  Federal Disability Retirement is often the most prudent exit strategy in solving the problem of the incrementalism of havoc wrought by years of aggregated difficulties.

The first step in the process of preparing to file a Federal Disability Retirement application, however, is to sift and separate the relevant from the ancillary, without unintentionally splitting the proverbial atom, and to recognize that the crisis point is less of a singular event, and more likely a flashpoint resulting from years of neglect.

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

 

OPM Disability Retirement: Escaping the Feudal Paradigm

Anachronisms rarely die a sudden death; instead, they fade over time, with vestiges and residual skeletons of facades and structures remaining stubbornly in place for decades, and sometimes centuries.  The system of vassals paying homage and fealty to those who are anointed and favored, has been a longstanding feudal system ensuring loyalty and fidelity to particular fiefdoms and individuals; for, as the consecrated individuals are provided with special privileges, including use of prime land, serfs and servants, so the unwavering allegiance to a lord is established in bonds of sequestered servitude.

Federal and Postal Workers are intimately familiar with this feudal system of fealty; they witness it in qualitative and quantitative instances throughout agencies, departments and post offices.

The rules of servitude closely parallel the bonds of loyalty; the consecrated and anointed are allowed the use of royal carriages, even, and minor violations of protocol are overlooked for those whose favor has been curried and fostered, while a technical infraction by he who stands outside of the legion of sycophants faces a deluge of sanctions, including warnings, reprimands, suspensions and the ultimate hanging by the hooded element: termination.  But as all Federal and Postal employees know and understand, loyalty is a unilateral function; it is never bilateral. One’s relevance extends only so far as usefulness to the anointed one; and once such usefulness is extinguished, so one’s relevance diminishes.

There is no debate between substance and appearance in a philosophical sense; appearance always wins out. And, of course, as empathy for the human condition can find no room in the evolutionary process of survivability, so the vestiges of a feudal system of fealty exists well beyond its existential relevance or functional import.  For the Federal or Postal employee who begins to 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, the problem of usefulness, loss of position and status as “one of the anointed” (if one ever even enjoyed that level of stature), and relevance to one’s agency or department, becomes a pragmatic problem of stark existential reality.

Fortunately, the gods of caring provided for a more modern, non-feudal mechanism to escape the brutal residue of the feudal system, by allowing for the administrative option of Federal Disability Retirement benefits, filed through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS.  It allows one to sever the tentacles which place a stranglehold upon Federal and Postal employees who are mistreated for circumstances beyond one’s control.

Yes, it is true that vestiges of old systems fade slowly; but in the end, the inexorable march of progress will hopefully win out, and for the Federal or Postal employee who needs to escape the lords of fate, Federal Disability Retirement is an option to consider.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Problem of the Lowest Common Denominator

What is wrong with going to the essence of the matter, skipping the process, and reducing everything to its lowest common denominator? Doesn’t efficiency demand such an approach? Isn’t the most effective method of attaining an end, to identify the units of measurement which determine the outcome of a potential formula, then to focus upon developing such units and discarding the ancillary components?

The problem with such an approach, of course, should be self-evident: it ignores the meticulous procedural steps which comprise the importance of process. “Process” is often ignored by the second and subsequent generational leaders. It is likened to doing away with the social courtesies and rituals surrounding an activity.

In religious contexts, it represents the sacred steps which one must embrace in order to complete the ritual itself; and, in some societies, the process itself is of greater importance than the completion and attainment of the objective for which it is engaged. To ignore the process and merely piece together the lowest common denominators, is to undermine the relevance of the activity itself. Sequence of ritualistic application is important; how one does it, is often of greater relevance than what one does.

For Federal and Postal employees 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, the time for consideration in filing for Federal Disability Retirement benefits, whether one is under FERS or CSRS, has come to a critical point of fruition. But filing for Federal Disability Retirement benefits is not merely a matter of filling out forms (SF 3107 series for FERS, along with SF 3112 series; SF 2801 series for CSRS, along with SF 3112); for, if that were the case, one should simply do so post-haste.

But that would be a self-defeating proposition; and once the U.S. Office of Personnel Management receives that Federal Disability Retirement application based upon the approach of the lowest common denominator, they may well respond with a similar unit of division: one which takes into account merely the numerical efficiency of a denial, and not the human reality of one’s medical condition.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: An Altered Life of Habituation

Loss of stature and status can come in many forms; we think too often in terms of financial status, of material belongings, where we live, with whom we associate, and the subtle evaluation of social consciousness in relation to our neighbors, friends and family.  But as work constitutes a majority of the time we expend, we often fail to understand the profound impact that we subconsciously place upon the status and standing we perceive within the employment arena.  This is closely related to the conceptual viability of bifurcating our “time at work” and “closing the door behind us” when we exit our place of employment, get into the car, and begin the commute home.

More and more, of course, the traditional dichotomy between work and personal life has been destroyed with the intrusive nature of email, smart phones, laptops and the constant need to keep in communication via electronic media.  The sanctity of the home life is deteriorating; weekends are merely interludes of a slower pace of work; and Sundays are rarely categorized as days of unreachable separateness.

With all traditional social and employment walls disintegrated, it becomes all the more profoundly insidious when one’s employment is severely impacted by a medical condition.

For Federal and Postal employees who must consider filing for Federal Disability Retirement benefits through the U.S. office of Personnel Management, whether under FERS or CSRS, the change from the status of “Federal employee” or “Postal Worker” to one of “Disability annuitant” can have a devastating psychological impact. For, in the end, it is not merely a change of status and stature; it is a profound alteration of a way of life, arrived at through habituation without thought, mindlessly embracing the insidiousness of technological intrusions which we never asked for and rarely sought.

The negative view for the Federal and Postal Worker is to myopically observe this profound change in sadness; the positive outlook is to have a fresh perspective, and to actually take the opportunity to use the time for rehabilitation of one’s health, perhaps just to be able to — for a brief moment in the history of one’s life — stop and smell the proverbial flower on the way out of the office door.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Suburban Sketches

Within the past 2 weeks:  a rabbit’s nest is discovered in the back yard; then, in the early morning dawn of the next morning, that same discovery is met with a predator whose presence is feared only in the limited universe of suburbia — the neighborhood cat.  Laying with a sense of indifference and aplomb, the cat is quickly shooed away, hoping against any glimmer of hope. Sure enough, the heads of the two young bunnies had been eaten.

And the second wildlife sketch (well, not quite, inasmuch as a backyard in suburbia hardly constitutes the wilds of woodland forests):  attending to some chores, a baby squirrel walks without thought or suspicion right up to this human; a moment later, the mother prances frantically, and in the quiet language known only to animals, directs the young prey back to the safety of trees and branches.

Humans are merely a species within the greater genus of animals, and yet we tend to forget that.  It is, of course, at our own peril that we forget the obvious.

For Federal and Postal Workers who encounter and engage the carnivorous power of an agency, the bureaucracy of destruction can quickly stamp out the youthful naiveté which the Federal or Postal Worker may exhibit.  Perhaps it is like the bunnies:  As long as one stays in the metaphorical nest of one’s own making, safety will be assured.  Or, like the baby squirrel:  Be open, and no harm will result.

Whatever the consequences of youthful exuberance, the difference is at least this:  For human, most mistakes based upon a reliance of trust do not end in terminal consequences; whereas, in the wild, a singular mistake can result in death.  Trust in one’s fellow man is a reflection of two sides of a single coin:  the one side, revealing moral character; on the other, naiveté.

When a medical condition impacts the Federal or Postal employee, and consideration is given as to filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS, the query is often made as to how much trust should be granted or information should be revealed, and at what stage of the process, to the carnivorous animal known as “the agency”.

One should be able to glean the opinion of the undersigned as to the answer to that question, by the very nature of these sketches.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Asymmetrical Lives

Asymmetrical systems are an important principle which dominates organisms and prevails in the world around us.  Symmetry involves balance and parallelism; a defiance through a counter-symmetrical eruption is normally an anomaly and deviation — a mutation in organic evolution which often results in extinction precisely because it is unnatural.

Humans live according to symmetrical principles.  Symmetry can involve a linear conceptual perspective; of a balance where childhood and youth is represented by X; young adulthood by Y; middle age with Z; and old age in retirement and calm.  But such a perception of linear quietude defies and ignores the realities of life’s disruptions.  Unexpected calamities, such as a car swerving into one’s path on any given day; being fired from a job because of an unforeseen reorganization at the management level; being inflicted with a medical condition such that the medical condition impact’s one’s ability to perform one’s chosen vocation; these are events which violate and infringe upon the linear symmetry we expect in our lives.

For the Federal and Postal Worker who suddenly finds that a medical condition is no longer allowing him or her to perform all of the essential elements of one’s job, the asymmetrical condition is in contrast to others who are healthy, as well as to the expected path of one’s own career.  But in the artificial civilization of man’s own environment, symmetry and its opposite are what we make of it.  Since we are the masters of our own destinies, lack of symmetry does not necessitate extinction of an element of mutation.

Thus, for the Federal and Postal employee, filing for Federal Disability Retirement through the U.S. Office of Personnel Management, whether one is under FERS or CSRS, is a viable option precisely because it is an administrative process which was created in order to allow for the potential eventuality that some workers may become disabled from being able to fully perform one’s job.

Federal Disability Retirement is a concept which works within the system of asymmetrical principles; taking full advantage of it is precisely the reason why it was formulated in the first place.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: The Paradoxical Soiling of Sacrament

Can a person enter a religious institution (i.e., a church, a synagogue, etc.) without an intent to worship, but merely as an onlooker, and yet assume the role of a congregant without soiling the sacrament of its grounds? Tourists do that all the time, and perhaps mere “visitors” who desire to “try out” a church or other institution.

Is there a paradox in taking pictures of old Roman grounds of sacred pasts? Do we somehow justify actions by assuming one role (e.g., as a tourist and not a member) without the intent of what is originally meant of the place we visit? Can a person lie to one’s self, or unintentionally deceive others merely be entering a place of worship, or does one declare the status properly by having a digital camera in tow?

Similarly, if a Federal or Postal Worker goes to work without declaring one’s medical condition, and is able to for many years mask and conceal the inability to perform all of the essential elements of one’s job, is there anything wrong with such deception — except perhaps that one is doing grave harm by progressively and purposefully deteriorating one’s own body?

Federal and Postal Worker have a tendency to do that, and in today’s harsh and competitive work environment, holding onto one’s job at all costs appears to be the rule of thumb, until it becomes apparent to everyone around, and lastly to one’s self, that one cannot continue in the same vein, any longer.

In that event, filing for Federal Disability Retirement benefits, whether under FERS or CSRS, becomes the only viable option left; assuming, of course, that one has a body, mind or soul left to enjoy in retirement. But that is always the paradox of soiling any sacrament — especially the sacrament of one’s own body.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: The Maverick

It is sometimes referred to as an unbranded animal, often a calf or yearling; the fact that it is unbranded, implies that it doesn’t belong to a particular stock; ownership is not established; and secondary meanings include an inference of being unorthodox or different.  One assumes that the maverick acts differently by choice; but without knowing the history of one’s life, such an assumption may be betrayed by an opposite set of facts:  that the “others” shunned and excluded, resulting in the unavoidable choice of being the loner.

Medical conditions seem to do that to groups.  Human empathy is supposed to, by myth and self-serving accolades, bring people together for support and community; but the opposite is more often true than not; that a change in the stock spreads rumors of a plague, making nervous the healthy components.  Or perhaps it is merely that strangeness cannot be dealt with, and the reactive response in general is to shun, isolate, and act as if the difference did not exist.

For Federal and 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, the sense that one has become a maverick among others is nothing new.  Whether because of the medical condition, or because of the reaction by one’s agency or Postal Service, being unorthodox or tagged as no longer part of the identifiable herd, is part of everyday life.

Filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, is merely the natural next step in being tagged as a maverick; for, having already been deemed different, it is time to step outside of the orthodoxy of one’s agency or the U.S. Postal Service, and set out for one’s future by creating a path hitherto untraveled.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Not Every Case

Not every case can be won.  Attorneys often like to present a positive face for each case, and should when there are clear merits to the unique set of facts and legal criteria applicable to any particular case; but the fact is, one can read of countless trials in newspapers, legal periodicals and electronic media, and realize that not all cases result in a verdict, settlement or conclusion favorable to the initiating litigant (one could, of course, argue that as there are always two or more parties to any legal controversy, that there is always a “winner” — just not you).

Whether because of unforeseen factual turns and twists; witnesses who blurted out something harmful without necessarily being true; an unsympathetic judge assigned; or, in a Federal Disability Retirement case, a doctor who turns out to be less than supportive than one first imagined; whatever the ultimate cause or reason, the plain fact is that there is no attorney in the universe who can offer an unmitigated guarantee to the outcome of any given case.

The best which can be done is to provide an objective assessment; an explanation of the law; a sound description of the legal process; and an effort which rises above the level of mere competency.

For Federal and Postal employees contemplating filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, selection of an attorney to represent one’s interests may be a critical factor for one’s future.

Ultimately, however, it is the Federal or Postal employee who, in his or her “heart of hearts”, will know the strength, validity and merits of one’s own case; and while not every case is meant to be won, it is nevertheless a truism in Federal Disability Retirement law that the majority of cases truly have merit, and that truth will prevail in the end.

Sincerely,

Robert R. McGill
Federal Disability Lawyer