Tag Archives: economic survival when it’s impossible to work with a disability

OPM Disability Retirement: The Semblance of Joy

Happiness is but a fleeting moment; satisfaction is but the natural result of completion; but joy, that is a tincture derived from the depths of one’s soul.  Perhaps there is an element of word-play; how we define levels of emotional states of being can depend upon the contextual usage of each conceptual construct, and in the end it is how we have described a given set of circumstances, based upon our personal experiential encounters and what sense of being we perceived at the time.

Beyond the veil of words, casting aside the layers of callouses which we have carefully built up over the years in order to survive the daily onslaught of venom in this world lacking of empathy or cooperative caring for one’s fellow human being, it is when a traumatic event suddenly befalls us that the true state of our souls becomes apparent.

Medical conditions have a tendency to magnify the reality of our state of existence.  Suddenly, perspectives become skewed; realities once depended upon appear suspicious; and we begin to lie to ourselves and take on a semblance of joy.  Why is that?  Is it because we fear the truth of human cruelty?  That despite all of the allegedly cultural advancements and technological innovations we pride ourselves about, the truth of our evolutionary baseness has never changed:  the vulnerable are merely meals for the predator in waiting.

For the Federal employee and the U.S. Postal worker who suffers from a medical condition, such a state of affairs is nothing new.  Agencies begin to pile on; coworkers shun; supervisors increase the level of vitriol and punish through administrative sanctions and progressive pressures through threats and intimidating language; and, all the while, the dedicated Federal or Postal worker must suffer through with limited options and constricted avenues slowly being blocked and cordoned off as restricted zones no longer open, where once the brightness of tomorrow promised the world.

For Federal and Postal employees finding themselves in the untenable position of having a medical condition, such that the medical condition is preventing him or her from performing one or more of the basic elements of one’s 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 worker is under FERS, CSRS or CSRS Offset.

When once the Federal or Postal worker comes to a realization that the bet upon happiness cannot be placed upon one’s employment or career, and where satisfaction is no longer a possibility with the mission of an agency; when the exhaustion and fatigue of hiding behind the semblance of joy begins to constrict and close in, like the human figure behind a Noh mask covering the claustrophobia of existence; then, it is time to consider taking on the long road of preparing, formulating and filing for Federal Disability Retirement benefits, whether you as the Federal or Postal employee are under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Sometimes, Even Squirrels Fall from the Sky

Nature is not the penultimate paradigm of perfection.  Think about it: the entire apparatus of evolutionary advancement is based upon the theory of accidental genetic alterations of incremental imperceptibility, over great expanses of time, as opposed to the disfavor shown to sudden mutations.  Survivability of a species depends upon environmental adaptations and genetic flexibility in the hereditary accrual of alleles, favoring small and progressive steps of advancements dependent upon environmental pressures and factors of change.

Grand mutations and the fictional existence of the “missing link” are rarely successful; mistakes are successful if accomplished in small portions; but they are accidents of reliable anomalies, nonetheless. It is thus upon missteps, accidents, and mutations which we rely for advancement, and not a teleological drive towards a perfect being, like Aristotle’s Unmoved Mover.  And squirrels do sometimes misjudge a branch, and fall from the sky.

That is why it is anathema for the Federal and Postal employee to refuse to accept one’s vulnerability because of a medical condition, as if he or she did something wrong.  Youth tends to begin life with a view that upward mobility and progression is always to be expected; but the reality of life is that the principle underlying the universe favors interruptions and interludes. Having a medical condition is simply an event which is a natural part of life; and as mortality proves an organism’s existence, so a medical condition is merely its temporary reminder.

Thus, for the Federal or Postal employee who suffers from a medical condition, such that the medical condition impacts one’s ability to perform the essential elements of one’s job, there should be no cause for embarrassment or shame in 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. Yes, filing for the benefit is an admission of one’s vulnerability and susceptibility to nature’s admonitions; but as we agreed at the outset, nature is not the penultimate paradigm of perfection, and our bodies and minds are part of the macrocosmic universe of nature. To defy the natural degeneration and imperfection of nature is to ignore reality.

Sometimes, it is only when a quiet walk through the woods is suddenly interrupted by an unexpected thud, and we turn and see a dazed squirrel looking around as it limps off in confusion, do we recognize that perfection is a fiction created by man, and refusing to file for Federal Disability Retirement is a stubbornness that borders on ignorance.

Even the squirrel knows that much.

Sincerely,

Robert R. McGill, Esquire

 

Federal Worker Disability Retirement: Life as Episodic Declarations

One wonders whether harm is not being perpetrated upon the youth, in the manner in which reality is presented.  Many seem to believe that reality is that which occurs on Facebook, Twitter, or some form of electronic media; and the interconnected nature of relevance in life cannot be decoupled from the episodic declarations as posted on such mediums.

For the next generation, how much more of reality will be defined by virtual reality, where “reality” itself no longer needs the predicate of “virtual”, because the subject has replaced the predicate?  Contrast such an upbringing to a generation of older workers who struggle daily with technology and its practical applications; and while we all recognize the future relevance regarding technological innovations, virtual reality was meant to be merely an escape from the daily toil of the harshness of life, and never a replacement.

For Federal and Postal Workers who face the trauma of a medical condition which can neither be avoided nor replaced, the decisions contemplated for securing one’s future become more than mere episodic declarations on the pages of social media; it is the threat to one’s existence, and the daily encounter with pain, cognitive dysfunctions, and potential surgical interventions which dominate; but for the next generation, will such harsh realities mean little until and unless they are posted on social media sites?

Federal and Postal Workers of today understand the causal connection between livelihood, work, production, career, and the difference between the compendium of the latter and that which constitutes “virtual reality”.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, is an administrative process which goes to the heart of confidentiality, personal life, and answering of concerns about one’s future.  While some may in the end post something about it on a website, there are some things in life which should remain private and sacrosanct, and the guiding advice of an attorney and the confidentiality kept within the confines of an attorney-client relationship, should always remain.

Life, in the end, is more than an episodic declaration on a social media site; in fact, when the lights are turned off, it is the quietude of reality which continues on, and not the artificial glare of technology.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Tides and Turbos

Tides represent the natural ebb and flow of a rhythm in nature which occurs beyond the capacity or power of Man to control; turbos are mechanical inventions which exponentially increase the power of a machine to attain heights of artificial prowess previously unmet.

Both inspire a certain sense of awe.

The pull of the waters, though gentle in the lapping of waves and the gradual increase and decrease of the land becoming overtaken by the waters, then receding, is nevertheless an unstoppable phenomena; and anyone who has sat behind the wheel directing an engine with turbo power understands the sudden boost of energy and speed which can be wrought.

Both represent a force; the former, one which cannot be controlled; the latter, one which can only be directed.

How we approach life, our philosophy and manner, often parallels tides and turbos.  Some merely accept and go with the flowing rhythm of tides; others try vainly to control that which cannot be subjugated.

For the Federal and Postal employee who faces a medical condition such that the medical condition begins to impact one’s life and vocation, it is often a lesson to heed; for if one’s personality has been throughout akin to the tides of nature, it is often easier to accept that a change is necessary; on the other hand, if life has always been characterized by one’s attempt to control and contain, it may be that resistance to the inevitable is something which one must contend with.

Knowing one’s self in the turmoil of change is often the first step in a successful process.

As filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is a major event in one’s life, knowing first what must be embraced is often the initial, and most difficult, step in the process.  Whether the enjoyment of watching the tides, or the thrill of feeling the turbos, characterizes the life of an individual, will aid in preparing to formulate the next step in a Federal Disability Retirement case.

Sincerely,

Robert R. McGill, Esquire

Getting Disability Retirement when Working for the Federal Government: The Sanctuary

They are artificial pockets of safe havens; deliberately set aside, we hear of them as “wildlife refuges”, “bird sanctuaries”, and similar anomalies created for other species, but not our own. It is perhaps a testament to human beings that we care so much for the protection of other species, with little regard for ourselves.

But sanctuaries, by their very definition, are important for the preservation and longevity of each individual and the greater genus of one’s species; whether a temporary sanctuary set aside as a sacrament to be guarded; a day of sabbath fenced off from all other days; an interlude of quiet reading, listening to music, or merely enjoying the company of one’s spouse, relatives or friends; a mind, body or soul preserved, to ready one’s self to face the harsh realities of the world of business, finance, competition and combativeness.

For Federal and Postal employees who face the added realities of a medical condition such that the medical condition begins to threaten one’s ability to continue in one’s chosen career field, the option of attempting to secure a more permanent sanctuary by filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is available so long as certain minimum requirements are met.

For FERS employees, the Federal or Postal Worker must have a minimum of 18 months of Federal Service. For CSRS employees, the Federal or Postal Worker must have a minimum of 5 years of Federal Service. Beyond that, there are complex statutory guidelines which must be met, which are a combination of medical, legal and factual criteria which must be proven by a preponderance of the evidence.

Throughout the administrative process, one must always attempt to create and preserve that cognitive and emotional sanctuary in order to survive the battles ahead; as wildlife preserves require careful planning, so such efforts should similarly be applied to protect the value of the human species.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: The Inauthentic Life

The converse of a life of inauthenticity, of course, is one in which there exists not a chasm between one’s appearance and the substantive content of one’s character; duplicity and a secret life are contradictions; integrity is the consonance between one’s stated being and the reality of the inner self.

The modern age promotes a life of inauthenticity.   For, with all of the social media outlets — of Facebook, the Internet, Twitter, email, web pages, etc., one can create an image of one’s self which is far different than the reality of the person whom we meet.   But more than that, who determines the truth of the content of one’s public image?   Such an impression is no longer based upon the actual encounter with the person; rather, the person who creates the image is the same person who determines the validity of such presentation.  There is thus no public vetting or verification of the image presented to the public.

Throughout civilized annotation of time, there has always been the problem of substance and appearance; indeed, the history of Western Philosophy is replete with repeated attempts at resolving the “problem” of appearance versus reality — thus, the need in modern times to unveil the reality of Being.

On a microcosmic scale, this is the problem presented to the Federal and Postal employee who suffers from a medical condition, such that the medical condition impacts one’s ability to perform the essential elements of one’s job.

The “hiding” of one’s medical condition becomes a daily necessity in the world of employability, because there is always the fear that recognition, unveiling and discovery that the Federal or Postal employee is no longer able to perform the full positional elements of the job will result in dismissal.   So the Federal and Postal employee engages in daily duplicity — all the while killing him or herself and acting “as if” nothing were wrong.

There is, of course, a difference between such an act of hiding one’s true condition, from the person who utilizes social media to present a self other than one’s “true” self — the former is borne of economic survival and necessity; the latter is a result of an unfettered ego.

In the end, the attempt to keep undiscovered a medical condition such that the medical condition prevents one from performing one or more of the essential elements of one’s job, will result in a crisis point where appearance can no longer mask reality.  When that crisis point comes to fruition, then the Federal or Postal Worker, whether under FERS or CSRS, should consider filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.   Such a step will ultimately allow for the Federal or Postal employee who has been living an inauthentic life, to move forward without the need of duplicitous means.

For the rest of the world, however, the life of inauthenticity will continue to thrive, so long as the loss of public means (or desire) to distinguish between appearance and reality is left to the sole discretion of the person creating one’s own public image.

It appears that the Western Philosophical problem haunting from the time of Plato and Aristotle has finally been resolved:  there is no difference between appearance and reality; appearance is reality, and reality contains no substance other than the appearance of one’s own creation.   The Emperor not only has his clothes on; even if a child points it out otherwise, the fact that he says it, makes it so.

Sincerely,

Robert R. McGill, Esquire

 

 

OPM Disability Retirement: The Problem of Perhaps

Perhaps it is time to approach the problem from a different perspective; perhaps it is not.  We often engage in games of self-delusions, of allowing words of self-justification to interfere with sequential and linear lines of thinking, in order to bypass the harsh reality of what is often an inevitability.

The allowance of bifurcation of thought — of the logical disjunctive of choices and options to choose from — makes an allowance of pretense to procrastinate in intellectually acceptable ways.  We sound thoughtful and intelligent when we weigh the various alternatives.  And, indeed, it is normally a “good thing” to gather, review and evaluate the options open to us, and to make the proper decision based upon such an analysis.  But at some point in the process, continuing in a morass of intellectualization becomes problematic.

When the choices are limited, clear, and necessary to act upon, to play the “perhaps” game becomes merely a way to delay the inevitable.

For the Federal and Postal employee who must contemplate a drastic change of circumstances by preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, engaging in such mind-games merely prolongs the process.  At some point, action must proceed from thought; and for the Federal and Postal Worker whose medical condition is such that it impacts one’s ability to perform the essential elements of one’s job, it is the action which must prevail over the perhapses of our mind.

Sincerely,

Robert R. McGill
Federal Disability Lawyer

OPM Disability Retirement: Continuation of Work

There is often the question of whether, during the process of submitting a Federal Disability Retirement application with the U.S. Office of Personnel Management, can/should one continue to work, and will such a status reflect negatively or adversely upon one’s Federal Disability Retirement application?

The question is a logical one, stemming from the seemingly self-contradictory nature of the dual assertion — one which is explicit (the Federal Disability Retirement application itself, where the Federal or Postal employee asserts that he or she can no longer perform one or more of the essential elements of one’s job), and the other which is implied (by continuing to work, does not one undermine the previous assertion?).

What complicates, confuses and muddles the issue further is the fact that, for FERS employees, the Federal Disability Retirement applicant must also file for Social Security Disability benefits (SSDI), and in order to do so, the requirement of being in a non-working status in order to qualify, only further confounds the issue.

But careful analysis will reveal that such apparent contradictions are merely superficial ones.  Hint:  Federal Disability Retirement merely requires a legal standard whereby one cannot perform all of the essential elements of one’s job; continuation in one’s employment capacity does not necessarily mean that one can perform all of the essential elements of one’s positional duties; rather, it means merely that there are certain elements which cannot be performed.

Further, with respect to the intersecting issue of SSDI, there is a distinction to be made between qualifying and filing.  Life’s contradictions are often merely surface-intersections between technical word-games.  Once the verbiage confusion is resolved, the conflict itself dissolves.

It is sort of like the difference between reading about a man falling off of a cliff, and actually being a tourist at the Grand Canyon and being the subject of a news story the next day.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Stark Reality

Immanuel Kant was an 18th century German philosopher who recognized the imposition of human categories, structures and conceptual perspectives upon the stark reality of the world around us.  Within such levels of an uniquely human perspective, we shape the barren reality and impose our perceptual constructs.

It is not something we have any choice in; by being uniquely human, we see the world in a human way, thereby bringing to it a comprehension and order which our species can embrace, just as other animals may encounter the world from its own unique perspective.  Thus, the world according to Kant became one of bifurcation — between the “noumenal” world which was unfiltered and unknowable, and the phenomenal world of our own “making”.

For Federal and Postal employees who are contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, one must always keep in mind the two parallel universes — the one which we hope for and often “make”, and the one in which we must survive.

When a medical condition impacts a person’s life to such an extent that he or she must contemplate filing for Federal Disability Retirement benefits, the phenomenal world of our making may include:  Hope that the Federal agency will treat us fairly; hope that the medical condition may improve or go away; hope that one’s work will not suffer as a consequence.  But in the stark reality of the noumenal world, one must recognize the unknowable:  Agencies rarely show a sense of sustained loyalty; medical conditions being what they are, will often remain on a steady course of debilitating progressivity; and one’s medical condition almost always impacts the ability to perform the essential elements of one’s job.

Walking about with a uniquely human perspective is something which we cannot help; gliding through life with self-deceptions is something which, while also uniquely human, one cannot afford to engage in for too long.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Survival and the Flexibility Factor

Materialism and the Darwinian view of human history are predicated upon the idea that successful genetic propagation of a species is dependent upon the ability to adequately adapt and mutate in response to changing circumstances and environmental upheavals.

Human beings are subject to such objective laws of nature, and presumably, continue to remain so despite the artificiality of one’s present surroundings.  Given that, the idea of survival of the fittest being predetermined by the laws of adaptability, it is those who are unable or unwilling to change the course of one’s path, who potentially suffer from the highest rates of loss.

For Federal and Postal employees who have set themselves upon a career path, and who have come upon a stage of life where medical conditions impact the health and well-being of the individual, such a Darwinian view of life should be seriously taken into consideration.  Those who stubbornly defy such innate laws of nature do so at a considerable price:  the growing stress upon one’s being; the deterioration of health; the greater impact of hostility from coworkers and supervisors; an attempt to continue on a course which was previously working, but is now destroying.

Adaptability and flexibility both in thought and action are essential to survival, and not just in the prehistoric days of cave-dwelling where the elements of nature were the primary obstacles, but in present-day circumstances where the factors of artificial and created stresses upon one’s health and well-being are tested just as strenuously.

Filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, is a way of getting off of the “set” track; it may well be that such a change of course will allow for survival — to come back another day to fight the passages of tested time in order to affirm or refute the Darwinian perspective of the universe.

Sincerely,

Robert R. McGill, Esquire