Disability Retirement for Federal Government Employees: Sides (Part I)

Was there a time when moral order, social propriety and conventional codes of conduct were bifurcated in such clear and identifiable demarcations, such that everyone knew the rules and roles by which to abide?  Or were there always overlapping and invidious borders which constituted conditional conundrums?  Movies of the old west are still enjoyed today, if not merely for entertainment, then for the simplicity of identifying the differentiation between good and evil, where the grey dawn of loss of certitude is rarely implied.

People take “sides” each and every day, but the lack of verifiability in determining who stands for what, and what issues are truly worth standing up for, has become a problem of infinite and exponential magnification of wide and confusing latitudes. There are some things in life where privacy must be guarded with the utmost of heightened protective instincts. “Choosing sides” is something we all learned in school; how we choose, and what titers of alarms we utilize, is all the more important when it comes to personal integrity and future security.

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, the question of who our friends are, will quickly surface during the process.  Identifying the adversary is thought to be an easy process; thinking that a supervisor or coworker is a “friend” to be relied upon, is a more daunting and dangerous endeavor.  That is where the confidentiality of an attorney can be helpful.

The beauty of old films and archaic cowboy movies, is that the black-and-white film footage clearly and unmistakably identifies the man in the white hat.  That is the “good guy”.  Within Federal agencies, such clear identification for the Federal or Postal Worker who begins the process of preparing, formulating and filing for Federal Disability Retirement benefits, is a rare occasion.

Choosing sides is important.  How one chooses; whom to rely upon; what advice to follow; all are confusing conundrums within a complex world of backstabbers, betrayals, and agencies populated by those who seek to become the next Lady Macbeth.

Sincerely,

Robert R. McGill, Esquire

 

Actions and Principles of Federal Agencies toward Their Employees with Disabilities before FERS & CSRS Disability Retirement

Can a person possess a core principle which declares that one should not be cruel to animals, but yet intimidate and harass a coworker?  Is it possible that one can state adherence to a philosophy, but act in ways contrary to such a declaration of fidelity to such a public policy?  Does authenticity and correlation between words and actions matter?

Of course, the simple answer is that hypocrisy has always been rampant throughout history, and one need only look at politics to come to the conclusion that speaking out of both sides of one’s mouth (as the proverbial adage is often conveyed) is a state of being that one can easily live with.  Thus the conundrum: Every and any question which begins with, “Is it possible that…” is one which has already been answered by the whims of history.

Public policy statements which declare that Federal agencies will seek every “reasonable” effort to accommodate an individual’s disability, are replete but often empty, precisely because words are open to interpretation.  And perhaps that is the “out” which many find easily excusable, in justifying the dissonance between words and actions.

Fortunately, for Federal and Postal employees, there is always the viable option of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS. It is the “safety hatch” which can be used against agencies and the U.S. Postal Service in order to circumvent that self-contradicting public policy statement that medical conditions which impact one’s ability/inability to perform all of the essential elements of one’s job, will be “accommodated” to the extent that such accommodation is “reasonable”.

Since that which is reasonable is open to interpretation, the reality of retaining a Federal or Postal Worker who suffers from a medical condition such that the medical condition prevents one from performing one or more of the essential elements of one’s job, becomes as rare as that individual who speaks and acts in consistent harmony of fidelity to both.

For the Federal and Postal Worker who suffers from a medical condition, where the impact is felt directly in the workplace, and where the supervisor who kicks his dog in the privacy of his home but volunteers his time with the local SPCA begins to speak earnestly about the “mission of the agency“, it may be time to consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management; for, in the end, principles and actions matter when it touches upon one’s personal health, and the need for restorative relief from a workplace which defies consistency of either.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Loss of Empathy

Does it establish the existence of empathy if a person asks after someone’s health or wellbeing?  If, in the next moment, the querying individual does something which would constitute “backstabbing“, does it negate the previous sincerity of the asking?  Is there a numbing effect upon a generation of individuals who have engaged in daily role-playing through video games which defy a conceptual designation of “virtual reality“, and for the most part serves to be the “real” reality for most?

Is empathy a lost virtue; is virtue even a meaningful concept in this day and age; and if lost and not, does it make a difference at all?  Or has human nature been consistently mean and low throughout the ages, and any romantic semblance of a Shakespearean view (paraphrasing, here) that man is the paragon of animals and somewhat akin to the angels, is merely a profoundly meaningless statement of reminiscences long past?  And what impact does such foreboding hold for individuals with medical conditions, especially in the context of employment?

For Federal and Postal employees who suffer from a medical condition, whether under FERS or CSRS, there is fortunately the default option of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Fortunately, such an option does not depend upon the empathetic character of fellow human beings, leaving aside other Federal or Postal employees.  Instead, Federal OPM Disability Retirement benefits are completely dependent upon “the law”.  This is as it should be, as opposed to the fickle character of individuals who sway to and from as the unstable emotions of individuals may change from day to day.  It is ultimately the law which one must cite, rely upon, and use both as a shield and a sword.

As for the lost generation of empathy: Let the laws governing Federal Disability Retirement determine the outcome of that forecast, as laws last somewhat longer than the fickle character of human beings.

Sincerely,

Robert R. McGill, Esquire

OPM FERS/CSRS Disability Retirement: To Be a Squirrel, for a Day

Watching them is an exercise of fascination; with nimble flight, to jump from a rooftop to the tip of a branch 10 feet away; scurry up and down trees with little thought (or is that merely a human projection without justification?) and no hesitation between the daredevil act and the graceful landing; and then to sunbathe in the midday warmth on a protruding ledge of the fence.

What a carefree existence; or so it would seem.  For, upon an extended observation, one realizes that there is never a moment when the squirrel is unaware of its surroundings, and that the anxiety-filled existence of human beings is not too different from that of the animal kingdom from which we conceptually separate ourselves, but of which reality forces a recognition of kinship.

One wonders how the ordinary individual can survive the daily stresses of life; but in turning to an uncomplicated animal such as a squirrel, you quickly realize that we are created as a bundle of stress-resistance nerves.  For the squirrel, the probability of a predator ready to pounce requires a heightened spectrum of awareness that approaches constant vigilance.  For the individual human being, the technological, artificial, but nevertheless just-as-real “stressors” of stimuli which require minute-by-minute responses, are readily received by the evolutionary adaptation first developed in the dangers of wildlife.

Thus, it is little wonder that when a medical condition hits an individual, the quickened pace of deterioration and progressive chronicity of the condition turns to debilitating impact.  By then, the stress-overload has reached its maximum impact.

For the Federal and Postal employee who is beset with a medical condition such that one must contemplate filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the time between the onset of the medical condition and the need to file is often short.  This should not be surprising, given that the Federal and Postal employee has often ignored or otherwise overcompensated for the warning signs of impending consequences.

OPM Disability Retirement can take some time to obtain.  Whether under FERS or CSRS, every Federal Disability Retirement application must be filed through the U.S. Office of Personnel Management, and the waiting time tends to be arbitrary, but in each case, somewhat lengthy.  Given that, once the crisis point of “needing” to file has been identified, it is important to take the next giant step and initiate the process.

And, like the squirrel of whom we imagine is merely frolicking in the sun, the lack of outward appearance of a need is never the true indicator of what is going on underneath.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Fear & Darkness

The veil of darkness provides a contrast; for the predator, it allows for an advantage in stalking its prey; for the prey, the shimmering shadows reverberate of the unknown, but still, if one remains calm and quiet, an equality of disadvantage is allowed for, in that the predator must maneuver through the identical lack of visual acuity as they prey.

The singular equalizer for both predator and prey, in the calm shadows of darkness, is fear.  For the former, waiting and hoping that fear will flush out its prey by making a noise or venturing out thinking that a different location will provide for a safer haven; for the latter, it is the extent of one’s imagination which often leads to defeat; of fear instilled and mixed with images of what may happen, what could be out there, and where will it all end?

Why nightfall stirs the deep recesses of one’s imagination is a mystery; and even in the midst of civilized society, in the safety of one’s home, as one attempts to turn to the refuge of sleep for restorative relief, it is often then that thoughts of fear pervade in the dark of night, and in the void of one’s mind.  Such fear reaches back to the days of primitive life, and is complicated by the unknown.

For the Federal and Postal Worker who suffers from a medical condition, such that the medical condition begins to impact one’s job performance; and where supervisors and agencies have been stirred to initiate adverse actions or discussions have already occurred of such dealings, it is often those primitive chasms from times past, of fear of the unknown, which must be countered with systematic and pragmatic steps to secure one’s future.

Man, in his essence, has not changed much over time; those in power still act as predators, and prey upon the scent of weakness.

Federal and Postal workers who suffer from medical conditions may need to file for Federal Disability Retirement benefits, whether one is under FERS or CSRS, in order to escape the predatory practices of one’s agency.  Ultimately, the modern equivalent of the veil of darkness is ignorance, and in this case, not knowing the law and one’s rights is often the greatest harm suffered by Federal and Postal employees; and the modern equivalent of fear?  It is still the stepping into the unknown.

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

Medical Retirement Benefits for US Government Employees: The Cold

“Cold” is a word with multiple meanings.  It can refer to the temperature of one’s environment; an infectious malady of common origins; or the emotional unresponsiveness of someone.  It can even be an adverb delineating the complete knowledge or mastery of a subject, as in, “He knew it cold”.

But temperatures can be countered; common colds have multiple remedies (though one wonders if any of them are effective, as opposed to bed rest and drinking fluids); and the adverb form is merely an informal allowance of language in a vernacular left for the younger generation.  We are thus left with the state of emotional paralysis — identified in one’s own being, or in another.

For the injured or ill Federal employee who is filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, such an appropriate identification of the concept and definition related to the emotional reaction (or lack thereof) by one’s own agency and one’s co-workers should be expected.

While it is a welcome and unexpected surprise if one’s agency and co-workers respond otherwise, it is simply the nature of human beings to respond with a herd mentality, and for the most part, once the Federal or Postal employee reveals the intention to depart from one’s agency, the common response is one which can only be characterized as “cold”.

Why must it be this way?

There is no adequate explanation.  But for the Federal and Postal employee under FERS or CSRS, who has had to endure the often unthinking bureaucracy of the Federal Sector, such lack of warmth merely exacerbates the dire situation of one who suffers from a medical condition which necessitates filing for Federal Disability Retirement benefits.

It is, indeed, a puzzle; for in the harshness of winter, where the cold winds blow, the emotional coldness of one’s workplace is somewhat akin the common cold — a nagging sense that something has gone awry, but most Federal and Postal employees know that cold, anyway.

Sincerely,

Robert R. McGill, Esquire