Federal Disability Retirement under FERS & CSRS: That carefree child

Whatever happened to him or her?  That child who would shrug the shoulders, move on to the next thing and be free of worry or concerns.  “Carefree” is not a synonym for “careless”, or even of “uncaring”; rather, it is the capacity and ability to maneuver throughout this complex universe without allowing for life’s burdens to weigh upon one so heavily that past events prevent future actions of progress and advancement.

That child that is now lost was caring; he or she was also careful in every endeavor, every project and helpful in many ways; yet, that same child was known to be carefree.  Where is that child, now?  What happened such that life interrupted, anxieties developed and stresses multiplied?  Does that same child – now a hunk of an adult sitting in the corner somewhere – stay up at nights worrying about tomorrow, “stressed out” about the next day, paralyzed with panic about the future?

Often, the troubles we face within the confines of our own minds are greater in horror and imagined size, than the reality that is actually to occur.  Depression, anxiety, panic attacks, bipolar spectrums of manic and depressive phases, coupled with suicidal ideations, agoraphobia and other psychiatric diagnoses – these can comprise the lost paths of a child who is no longer carefree, but has grown into adulthood and experiences the commonality of society’s growing problems, exponentially expanded because the rest of society has indeed become uncaring and careless in its treatment of that child who was once carefree.

If that once-carefree child has become a Federal or Postal employee who is suffering now from the cares of the world, and the medical condition no longer allows for the Federal or Postal employee to perform all of the essential elements of the Federal or Postal job, it may be time to consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Filing for Federal Disability Retirement benefits will not be the solution to all of life’s problems, but it can at least begin to pave a path towards “coming home” to a time that we remember, when that carefree child walked about with less of a burden and more of a smile.  Federal Disability Retirement is meant to do that – to allow for the Federal or Postal worker to focus back upon one’s health and well-being and not become burdened with the stresses of work and performance, where love is anything but unconditional and the summer days of tomorrow may still have some warm moments to enjoy.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: The elixir of life

Is the substance we expunge necessarily the opposite of the positive?  Does the mere fact of expiation denote that which is unwanted, or merely no longer of utility?

In ancient times, an elixir was considered to be a substance of great desirability; it possessed multiple meanings, including a reference to that substance which was used in alchemy to alter base-metals into the gleaming riches of the natural order found deep beneath the chasms of the earth – gold.  Or, alternatively, it meant the potion or mysterious concoction that prolonged and extended life into an eternity of ecstasy; and in other definitions, a curative medicine that attended to all diseases, corrected every malady felt and balanced the unbalanced humors within the human body.

A further meaning has encompassed the concept of an essential principle – that core of something that provides an Aristotelian connection of all first causes such that when one discovers and comprehends the elixir of life, one has attained a pinnacle of wisdom next to the gods who otherwise mock the foolishness of human suffering and striving.  But back to the original query: What about the waste that is squeezed from the substance we desire – of human detritus, urine, scatological excretions and the leftovers of those thought to be unproductive; are they not necessary in that, without the capacity to expiate, it would rot within the cavities of the human tissue and destroy the very fabric that retains them?

We often fail, at the expense and detriment of our own thoughtlessness, to consider an inversion category of the original posit; we accept, at face value, that human functions of expiation and riddance constitutes just that – of throwing away, expunging, extricating and discarding – as a categorization we simplify into elementary concepts: what we consume and embrace is “good”, and that which we expiate is “bad”.

Thus do we build toilets in unassuming locations within a residence; outhouses are just that – some dilapidated structure constructed away from the home, and somewhat upwind from the wind currents that carry the daily odors of life’s contrariness.  But is that the proper way to view things?  Should we not, instead, liken our activities to that which a messianic proverb once elicited: How we treat the least among us reflects the true character of our inner nature?

Inversion thinking is a process that is too often overlooked, and because of this, we often walk through life passing by opportunities and gifts otherwise there to be accepted.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition no longer allows for one to continue with the present course of a Federal or Postal career, it was once believed that the elixir of life was intricately wrapped up in continuing the Federal or Postal job because it allowed for a certain career, standard of living and measure of self-worth.

This is where inversion thinking needs to be considered.  For, at what cost, and what price to be paid?

Preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often a necessary step in order to attain a level of continence such that the proper balance and focus can be reached – of one’s health, as opposed to continuing in a job that has become harmful; of separating from Federal Service or the Postal facility in order to escape from the daily harassment of somehow being “lesser” because of one’s medical condition; and all of the other garbage that is thrown at the Federal or Postal employee who suffers from a medical condition.

For, the elixir of life is not always that substance we thought was the pathway to a mythological fountain of youth, but an inversion of that thought – of removing, as opposed to taking more on; of separating, in contradistinction to enduring the pain; and of expiating, in contrast to accepting.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: Parting grace in silence

Does grace extend even when the intended recipient is unaware of its attachment?  Can the undeclared withdrawal of revenge justified have its own inherent rewards, without the unsolicited admission left silent by anonymity undaunted?  If given the choice between leaving the scene where injustice prevailed and dominated – of wreaking revenge or parting grace in silence – which would we choose?

Of course, there is a greater contextual awakening to be narrated before such an event would occur – of quietly enduring the daily harassment, the constant criticism and demeaning remarks; of refuting, rebutting and reacting, as against an agency that initiates adverse actions one after another in sequential persistence of unfettered meanness.

From that erupts the natural tendency in thinking:  “They can’t get away with this”; or, “If I have to spend my last dime, I am going to get even with them.”  Yet, is the cost of revenge worth the time, effort and expenditures depleted?  What does it mean to attain “justice” in an unjust world?  If a verdict is rendered or a settlement reached, what is the barometer by which one has regained one’s reputation, reestablished that one was ‘right’ or recuperated the toil of anguish and angst expended?

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, is not a surrender of one’s soul to an agency that has not, will not or otherwise cannot accommodate one’s medical conditions.  Rather, it is an admission that there exists an incommensurability between the particular position occupied and the medical conditions suffered.

That is the point made in the case of Henderson v. OPM, in which the U.S. Merit Systems Protection Board reiterated the alternative but equally valid approach in proving a Federal Disability Retirement case by a preponderance of the evidence:  a 1-to-1 ratio between a medical condition and an essential element of one’s Federal or Postal position is not the only methodology in establish a medical condition such that the Federal or Postal employee becomes eligible and entitled to Federal Disability Retirement benefits, but additionally, a showing that there is an incompatibility generally between the position occupied and the medical conditions suffered is also a basis for granting a Federal Disability Retirement benefit.

Whatever workplace issues have been a part of the content and context of a Federal or Postal employee needing to file for Federal Disability Retirement benefits, once that decision is made to prepare, formulate and file for Federal Disability Retirement, one might consider this:  The past has passed; the present must be endured while waiting upon a decision by OPM; the future is based upon the decision of the U.S. Office of Personnel Management; and in the meantime, where do you want to expend your energies?  You may want to consider parting grace in silence, instead of spinning the proverbial wheels heaping reactive acts of futile counterpunches upon those who know not the terms of justice.

Sincerely,

Robert R. McGill, Esquire

 

CSRS & FERS Disability: an Art Form

As with all effective submissions — pleadings, motions, legal memorandums and, alas, Federal Disability Retirement applications — it should never be approached in a mechanical, one-to-one ratio-like, mathematical manner.  Of course it should contain the technical terms, the medical terms, and the legal arguments.  However, disability retirement under FERS & CSRS — especially the Applicant’s Statement of disability and any legal arguments — should not be matter of matching up a one-to-one correspondence between the medical condition and the particular essential elements which it prevents or impacts.  Certainly, the effect and the conclusion should contain that conceptual correspondence; however, as all good writing contains a technical side, it is also important to weave the story of the human condition and see the writing as an “art” form.

The impact of the human story is important in convincing and persuading the OPM representative to not only understand the medical condition, but to get a sense of empathy for what the applicant is going through.  It is a delicate balance to achieve; yes, the hard legal arguments should be made in order to “force” OPM to see that, legally, they are obligated to approve a disability retirement application; at the same time, if you can touch the empathetic nature of the OPM representative, so much the better.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Accommodations

While I am often asked about the intersecting connection between the ADA (Americans with Disabilities Act) and Disability Retirement laws under FERS & CSRS, and the issue of accommodations, my short answer is that the two areas of law rarely directly intersect. “Accommodation issues” under disability retirement law rarely present a problem in a practical sense. 

The term itself is rarely applied properly; the best way that I can describe what the term “accommodation” means, in its technical application, is by giving the classic example:  A secretary who suffers from a chronic back condition is unable to perform her secretarial duties because of the high level of distractability from her chronic pain.  The agency purchases an expensive, ergonomic chair, which relieves the chronic pain; she is able to perform the essential elements of her job.  She has thus been “accommodated”. Thus, the definition of “accommodation” is essentially where the Agency does X such that X allows for employee Y to continue to perform the essential elements of Y’s job.  Further, an accommodation cannot be a temporary or modified assignment; in fact, it is not an “assignment” at all — it is something which the Agency does for you such that you can continue to perform your job. 

Thus, as a practical matter, it is rare that an Agency will be able to accommodate an individual. Further, when it comes to psychiatric disabilities, it will be rarer still -especially when the essential elements of one’s job requires the cognitive capabilities which are precisely that which is impacted by the psychiatric medical conditions.  As such, the issue of accommodations is rarely a real issue, and further, people who are attempting to enforce the provisions of the ADA are not those who are truly seeking disability retirement, anyway.  It is the very opposite — they are trying to preserve their jobs, and to force the Agency to provide an “accommodation” under the law.

Sincerely,

Robert R. McGill, Esquire