Federal Medical Retirement under FERS: Giving Up

It is, and historically has been, an option of last resort.  There are those, of course, where it is simply never an option; at whatever cost; sacrificing whatever means; it is simply not a consideration to be entertained.  Is such a “principled” approach ingrained within the DNA of an individual, or is it merely a trifle of stubbornness which prevents a person from giving up?

It is certainly not a character trait which is taught; in fact, more of the opposite is true.  We tend to teach our children the pablum of perseverance: “Keep at it, and one day you will…”; “Don’t give up; you’ve only just begun” (a paraphrased lesson for young children of what the American revolutionary, John Paul Jones, purportedly stated, “Surrender?…I have only just begun to fight!”); and other such lessons where the fine line between intelligent perseverance and fatalistic stubbornness must often collide.

Yet, there surely are times when it is prudent to give up — and perhaps come back to fight another day.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows the Federal or Postal employee to perform all of the essential elements of his or her position, “giving up” may be a matter of filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.  Of course, “giving up” may also be the thought when the U.S. Office of Personnel Management denies a person’s FERS Disability Retirement application, as well — but in the opinion of this writer, that is the time when the approach of John Paul Jones should be taken.

Consult with a FERS Disability Attorney who specializes in Federal Disability Retirement Law, and consider whether or not “giving up” is a prudent option to consider, given your unique circumstances.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Disability Retirement: The Details of Life

We speak generally, but live by details; think in terms of grand plans and hypothetical dreams, but become bogged down in the minutiae of daily concerns; care about grand schemes and philosophical methodologies but are forced to take out the garbage in the morning.

It is the details of life that determine our behavior, necessitate our reactions and force our hands.  In coming to a contractual agreement, there are general principles which can be negotiated, but whether the signature is inked into the final agreement depends upon the “devil in the details”.  Most of us like to spout grand beliefs and ethical precepts, but how many of us would stick to the details of such beliefs when arrest and torture is threatened?

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, Federal Disability Retirement might be a consideration that must be entertained.  The Law works only within the context of details; it is the details of a case which must be reviewed and advanced.

Consult with an attorney who specializes in Federal Disability Retirement Law and do not allow the details of life to get in the way, but rather, make sure that the details are focused upon in order to prove by a preponderance of the evidence your rightful eligibility to Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employment Medical Retirement Benefits: Answering

There are a wide-ranging set of rules when answering — whether to a question, a query or the need to rebut a determination of some sort.  Etiquette often plays a large part in social situations; or of common conventions and unspoken rules of interpersonal interactions.  Different situations call for tailored responses, and often we confuse one sphere of responsive need with another. “Do I owe an explanation” often depends upon the circumstances — the status between the query and the deposed; the relationship fostered; whether there would be consequences in failing to provide an answer, etc.  Then, of course, there is the issue of timeliness.

For Federal employees and U.S.Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, much of filing for Federal Disability Retirement benefits is a matter of answering questions — questions posed by the U.S. Office of Personnel Management on Standard Forms 3107 and 3112.  How one answers the questions; what answers are formulated; when to file a response; where to file the response — they are all relevant in preparing an effective FERS Disability Retirement application.

Consult with a Federal Disability Retirement Attorney who specializes in Federal Employees Retirement System (FERS) Laws and set the path of “answering” not only in the right way, but in an effective manner in preparing, formulating and filing a successful Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement from Federal Employment: Mansions with many rooms

There is room enough, and the imagery posed by the concept presents the warmth of an open invitation, whether the guest is willing, able or otherwise unprepared for such unconditional hospitality.  Mansions often pose a stoic, cold and unwelcoming façade, and it is always the people who inhabit them and the guests who frequent such expansive and impersonal grounds that make the difference between icy relationships of uncaring attitudes steeped in jealousies engendered and encouraged by competition, envy and mistrust, or the comfort of caring families.

It need not be a steadfast rule that the larger the house, the less amiable the people; or, its corollary, the smaller the abode, the qualitative and proportionate substance involving mirth, laughter and joy.  It is, perhaps, the feeling that geometric expansion and distance between rooms correlates with a certain stoicism that encourages lack of closeness; whereas, if you have to double-up in bunks and share bathrooms, wait upon one another just to get by a narrow passageway, you are forced to tolerate the quixotic eccentricities and foibles of each other, and quick and easy forgiveness is not too far away when you have to live in close quarters where anger, holding grudges and carrying pockets full of resentments simply will not do, as such overloads of unnecessary burdens tend to weigh each other down into a pit of misery that cannot withstand a house full of people.

Once, a local pastor quipped, “Where there are people, there are problems.”  True enough, and one might add:  “And when gathered into close quarters, the ugliness shows through all the more.”  Perhaps it is that the heavenly mansion has many rooms, not because so many people are expected to arrive as permanent residents; rather, because angels and spiritual entities who have crossed the irreversible divide care neither for cramped spaces nor of expansive comfort, but live contentedly wherever they are.

For Federal employees and U.S. Postal workers who work for a Federal agency or a Postal facility, whether under FERS, CSRS or CSRS Offset, the mansion with many rooms is likened to the particular workplace that one spends so much time in.  Then, when you become the subject of gossip, the trigger point of harassment and the butt of whispered jokes because you have taken so much time off, filed for FMLA protection as well as grievances and EEO Complaints to try and ward off the constant adversarial actions directed against you, it may be time to consider a change of residences.

No, this is not to imply that you should consider the “spiritual” world; rather, to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.  For, as with the proverbial mansion with many rooms, it is not the place itself that makes much difference, but the people whom you are surrounded by, and when a medical condition begins to impact your ability to perform the essential elements of the job, it is perhaps time to seek another with many rooms, or a smaller house with friendlier occupants.

Sincerely,

Robert R. McGill, Esquire