Tag Archives: disability pay under fers for us government and post office employees

Federal Medical Disability Retirement: Pivotal Points

Or, forks in the road; they confront us when we least expect them, never desired, always with a sense of angst.  Half of life is procrastinating and delaying; the other half, trying to catch up to the half delayed.

The “pivot” is that central point, pin or shaft on which a mechanism turns or oscillates; so, in basketball, the foot from which the player “pivots” is the one frozen and stationary.  It is the root word where the suffix, “al” — that addendum which forms an adjective from a noun — is appended in order to create that word which we are all familiar with: of the crucial, central decision based upon that stationary point, where the movement of the other “leg” or whatever free mechanism can be directed towards, will determine the pathway, the consequences, the results — the pivotal point — in a person’s life.

We come upon many of them in life, often yet unknown, some seemingly minor at the time but with greater significance later on, upon reflection; others, of a known quantity, where the decision itself is considered “pivotal” for one’s own future.

Some examples: A minor one — of going out with friends and acquaintances, knowing that a few of them have some questionable reputations.  A night of seeming innocence which starts off without consequences, ending up in a car crash, a person dead, an arrest — in short, a tragedy which began with a simple but pivotal point, where an invitation declined could have averted the tragic results merely by non-participation.

A more “major” one: Of whether and which college to go to; whether to volunteer for military service; whom to marry; whether to accept one job over another; of whether it is time to consider filing for Federal Disability Retirement benefits under the current Federal Employees Retirement System (FERS) through the U.S. Office of Personnel Management.

As to the last of these pivotal points: Contact a FERS Medical Disability Attorney who specializes in FERS Disability Retirement Law, lest the decision to be made turns out to be of greater consequence than originally thought.

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: The Garden of One’s Mind

The metaphor has been used often enough; whether it enhances or enlightens one’s knowledge of one’s self is of dubious prospects.  The physical, objective entity identified as a “garden” is simple enough in being defined: it must include some plants and soil; perhaps a few rocks or boulders to enhance the natural contours of the landscape; and a person who “tends” to the garden — i.e., a “gardener”.

Can there be wild gardens without a gardener?  In other words, can you walk through a forest and come upon a clearing where there are flowers and various plant lives, and declare, “Oh, what a beautiful garden!”?  Similarly, can a person who lives in an apartment who has a collection of potted plants have the “right” to say to someone, “You should come and admire my garden sometime.”?

Purists may object to the application of the term “garden” to either of those described scenes, but a looser definition is still widely accepted in this modern age where malleability of language is a given.  Then, of course, there is the “stretching” of language’s boundaries by applying the metaphor of a “Garden of one’s Mind”.

What can it mean?  It often refers to the state of one’s mind: Of whether one has allowed for too much neglect and has failed to “prune” the overgrowth or let the weeds overtake; of failing to replenish the soil or allowed by disease and decay to overshadow.

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 one’s Federal or Postal job, the concept encapsulated in the metaphor of the garden is appropriate.

For, like the untended garden, the Federal or Postal employee who suffers from a medical condition must apply the same principles as the gardener who must begin to prune and replenish: decisions about the next steps, of what to cut out or whether one can leave things as they are; these are all contained in the metaphor within the Garden of One’s Mind, and it may be a first step to consult with an attorney who specializes in Federal Disability Retirement Law before making important decisions like career changes and leaving the Federal government.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Season’s end

The cyclical nature of the seasons provides for comfort in its monotony of regularity; we are subject to nature more than we realize, and the onset of the next season means the end of one, the beginning of another and the endless cycle of repetitive regularity.

That concept, in and of itself, is a strange one, is it not?  Of “repetitive regularity”; for, can “regularity” encompass a series of elements without repetition?  And, is not repetition itself the foundation of regularity?  Is there a distinction with a difference to be made?

If a person goes to the same coffee shop every day, at the same hour, and orders the same cup of coffee each and every day of his life, we would describe that person as being a “regular”.  Further, we might describe what he does as “repetitive”, and thus would say of him: “He engages in an act of repetitive regularity”.

That perspective would be a fairly accurate one from an objective, outsider’s viewpoint.  But what about from the subjective perspective – from the person himself who goes to that same coffee shop each and every day?  He might say: “No, it is not repetitive, because each cup of coffee, to me, is a brand new one, just as each day I wake up is a new day; and, besides, I might wake up one day and go to a different coffee shop, and then you would not consider me to be a ‘regular’.”

Would such a statement be accurate?  Would it be truthful?  And what about the short time-frame within which we assign so quickly the label of “regular”?  From an omniscient viewpoint, would doing X for a month, a year – or even a decade – properly constitute “regularity”, when eternity is the standard by which it is being judged?

A season’s end and the next one’s beginning can certainly be considered as repetitive regularity; for, that is often what we rely upon as a security of comfort, in the very knowing of the next one coming. That is the insidious impact of a medical condition, is it not?  That it creates uncertainty, and suddenly repetitive regularity is no longer guaranteed, as if the season’s end may be its last.

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 one’s Federal or Postal job duties, the medical condition itself may be likened to the season’s end.

Fortunately, there is the benefit of Federal Disability Retirement, however, and that may, as well, be likened to the repetitive regularity of a season’s end – only, it is the onset of the “next season”, and that is some comfort upon which to take refuge, like the flock of geese that fly south for the warmer climate of tomorrow.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Application: Success

How is it measured?  What constitutes it – a subjective sensation, an objective judgment, or the loosely aligned combination of both?  Is it the quantifiable reaction of others, or the measurable amassing of possessions and the value of the gross aggregate?   Is the last one atop a proverbial hill of owning stuff what determines and adjudges the success of a person?  How does one analyze a life – at what age, in which stage of the slice, and is there a specific point on a pendulum or spectrum, or is it more of a linear continuum where specificity in a point of historical categorization should be resisted in favor of looking at a wider expanse of a ‘period’ evaluation?

We sometimes state with dismay, “Oh, what a wasted life – a bum at so young an age, into drugs, imprisoned and wasting away.”  Then, if it turns out later that the same individual became rehabilitated, worked on the “straight and narrow” proverbial path and “made a name for him/herself”, we revisit our earlier assessment and declare the individual as a paradigm of success.

Or, how about its corollary or opposite:  In youth, a paragon of defining what success means, a near-prodigy of everything hoped for:  College at the top of the class; great job; early earnings of astronomical proportions; mansion with servants by age 30; self-made billionaire (an aside and a quip, and food for thought:  a couple of decades ago, we only heard of “millionaires”; now, there are countless “billionaires”; and now we are on the verge of recognizing the first “trillionaire”; query – is it because there are such people, or is it merely the result that world-wide inflation has steadily made currency more and more worthless and depreciated, or is it a combination of both?); perfect wife, near-perfect children (2 and a half by statistical standards); and the conclusion at age 35:  Success.

Then, at age 45, divorce, the kids are mere nuisances, bankruptcy looms on the horizon and criminal prosecution for embezzlement is hinted and rumored.  Do we retract the former declaration, or do we bifurcate it by saying:  Well, he was successful for the first half of his life, not so much in the middle years, and became a bum, a criminal and a miscreant in his later years?  Is it the entirety of an individual’s life to be assessed, or sliced in neat categorizations bifurcated for convenience of excluding the negative in balancing out a person’s achievements, then defining the applicability of what “success” means by sectioning off and cordoning into parts determined by subjective prioritization?

Thus, the concept of “success” is difficult to grasp in a general sense when applied to a person’s life; as an event for targeting, however, it is often focused upon a singularity of outcome.

In filing a Federal Disability Retirement application, to be prepared, formulated and filed by, or on behalf of, a Federal employee or a U.S. Postal worker, the narrow issue of success is quite an easy concept to embrace.  Success is to obtain an approval from the U.S. Office of Personnel Management, a Federal Disability Retirement annuity.  Failure is to not receive it.  The  “middle ground” of uncertainty in coming to a conclusion is where it has been denied initially, but there are still further stages — the processing of Requesting Reconsideration, an Appeal to the U.S. Merit Systems Protection Board, as well as a Full Petition to the Board, and the final of all finalized steps:  an appeal to the Federal Circuit Court of Appeals.

There, it is somewhat more reflective of life itself:  Success is still within one’s grasp, but there is still some work ahead to redeem the short-term failure in order to end up in the consequential judgment of a final assessment.

Sincerely,

Robert R. McGill, Esquire