Federal Disability Retirement Benefits: Contented misery

Does the one who strives for happiness as a goal ever escape the bonds of contented misery?  It is the ecstasy of a moment’s glimpse, and then the feeling is gone; for, such is the fleeting nature of a sensation, and more of an encumbrance than a plateau of embraced attainment.  Can happiness be gauged, like a heart monitor, taking one’s blood pressure, or in that millisecond of pain in determining the glucose level through the pinprick of time?

Once, in generations past, when neighbors asked of one another the state of affairs, the politics of an era, and listened by that long-lost tradition of taking one’s hat off, lazily fanning one’s self in the sweaty afternoon of the blazing sun, people used to actually pause during the day without a watch or cellphone to check and recheck; and conversations took the meandering deliberation of voices undulating without the tense pressure of time, money and restrictive covenants imposed by society’s need to compel movement.

Happiness was not the goal, but the byproduct of social interaction.  Misery was reduced to the loss of purpose, violation of normative values and now, in modernity, replaced with contented misery.  No, it is not an oxymoron, for it is a state of Being accepted by most and recognized by few, and the duality of a seemingly conceptual friction is merely on its surface; for, such an accepted state of being exists precisely because we seek that which can never be attained but for a fleeting moment, like trying to grasp, catch and hang on to the flowing robe of an angel as that heavenly being floats by with a sprinkling of residues depicting the regrets of our lives.

We become contented with our own miseries, because we seek to attain a state of Being which can never be the essence of life, but merely the flux of sensations resulting from man’s worthy journey akin to a teleological embrace.  Worth is tied intricately and inextricably with projects; and though Heidegger’s quip that such human work and activity is merely to avoid the inevitable encounter with Nothingness, it is nevertheless driven by a need to advance, a value in accomplishment, and a sense of creativity in the process of what we do, how we achieve it, and where we are going in life.

Contented misery is to exchange all of that for a moment of sensation, extrapolated to an unattainable and unreachable state of Being, and that is why misery prevails within a plateau of accepted contentment.

Such is the state of Being for Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal and Postal employee from performing the essential elements of one’s Federal or Postal position, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  For, think for a moment – one’s career and mission in life is perhaps interrupted and impeded, and the Federal or Postal employee must consider alternatives, such as preparing, formulating and filing for Federal Disability Retirement benefits.

But if a sensation is all that is sought, as opposed to considering the next steps into the future – such as an alternative vocation in the private sector after obtaining a successful approval from the U.S. Office of Personnel Management – then contented misery will have won.  On the other hand, if a Federal Disability Retirement annuity is successfully obtained, there is a chance that the future may hold further opportunities, and the restrictions of a contented misery may be replaced with that which Man was compelled to engage:  a project or activity beyond the sphere of mere sensations.


Robert R. McGill, Esquire


Medical Retirement from Federal Service: The helpful other perspective

Before going “whole-hog” with anything in life, the greater wisdom often confirms that we should try and obtain a differing perspective on the matter, if only to affirm the correctness of our own, or to consider the fissures and weaknesses we are blind to.  Wise people seek wisdom; fools travel down roads not merely untested, but even unprepared.  Such a tautology is a mere self-evident fact of life, but we nevertheless follow blindly where the blind leads.

If an individual discounts the criticisms of everyone else, then the wisdom one holds is merely the price of one’s own mistakes, and so long as others are not required to pay for them, the pathway to disaster can be easily paved without involving the toil and anguish of others.

One may query:  assuming it is wise to seek the input of another, how does one nevertheless know that such a differing viewpoint is “helpful” at all?  What if that other perspective is even worse of a disaster than my own?  Such a question, of course, is likely asked in a vacuum; for, there are varying indicators that one may discern in seeking advice from others –  reputation; demeanor; knowledge previously revealed; capacity to listen; established specialty in a particular field, etc.

For Federal employees and U.S. Postal workers who are considering preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset –  the need to seek the helpful “other” perspective is often a necessary prerequisite.


Because, when a medical condition is impacting one’s health – whether singularly physical, or mental or a combination of both – the debilitated state that one experiences often provides a skewered perspective, and that is why garnering and employing the advice of an attorney who is experienced in Federal Disability Retirement Law is often a necessary component of the process.

Yes, there may well be those rare “slam-dunk” cases, whether gathering and submitting the medical records alone will obtain an approval from the U.S. Office of Personnel Management.  But, then, everyone who files a Federal Disability Retirement application believes his or her submission to be just that –  undeniable, unequivocally established, and unassailably confirmed.

Why is that?

Because the person who experiences the medical condition is the same person who is preparing the Federal Disability Retirement application – and he or she who feels the pain, presupposes that everyone else must also be able to comprehend such a state of decline.  Unfortunately, this is not the case – at least, not from the perspective of the U.S. Office of Personnel Management, which is also another one of those “other” perspectives that must be contended with.


Robert R. McGill, Esquire


Federal Disability Retirement: Ruminations upon wrongs committed

Why is the filing of a Federal Disability Retirement application by a Federal employee or a U.S. Postal Worker often accompanied by a history of discrimination, harassment and persistent wrongs committed?  Perhaps, because a person who files for Federal or Postal Disability Retirement is reflective of a general consensus of human nature itself:  the microcosm of a delimited universe does not subvert the greater truth of humanity as a whole.

Despite all of the legal protections accorded – of required attempts to “accommodate” the Federal or Postal employee in conjunction with anti-discrimination statutes affording protection to those with identified medical disabilities; and, further, with a concomitant greater “social awareness” of the unacceptability of certain attitudes and behavior towards individuals with medical conditions that restrict one’s capacity to maneuver through the public access and spaces of business and buildings – these should all combine to reduce the actionable allegations committed and the legal entanglements ensuing.

Moreover, there is often a parallelism between the extent, severity and chronicity of a medical condition, and the ruminations of the impacted individual upon wrongs committed, with a proportionality between the lengthy history of one’s debilitating medical condition and greater increase of harassment and intimidation by a Federal agency or U.S. Postal facility – leading to deeper resentment and high incidence of filing an EEO complaint or other legal tender.

But for the Federal employee or U.S. Postal worker who is considering preparing, formulating and filing a Federal Disability Retirement application, the question that one must consider as to the interplay between wrongs committed and preparing an effective Federal Disability Retirement application is this:  To what extent will one impact the other, and will there by a negative interplay if both are concurrently pursued?  The answer is somewhat complex and complicated.

While most EEO cases that are filed concurrently with a Federal Disability Retirement application, or where there is some time-overlap between the two, there is little interplay or impact with respect to the Federal Disability Retirement side of things.  On the other hand, it is important that a Federal Disability Retirement application be prepared such that the essence of the Federal Disability Retirement case is reflective of the core duality of issues that comprises an effective Federal Disability Retirement application – that of the medical condition itself, and the impact of the medical condition upon the ability or inability to perform the essential elements of the Federal or Postal position – and not upon peripheral and ancillary issues that may be more relevant to a discrimination genre, such as “workplace harassment” or “retaliation”, etc.

In the end, to prepare, formulate and file an effective Federal Disability Retirement application to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, it is best to avoid any lengthy diatribes which reflect a greater consensus of a wider societal problem, and ruminations upon wrongs committed will not be helpful in a Federal Disability Retirement application.


Robert R. McGill, Esquire


FERS & CSRS Federal Employee Medical Disability Program: Potluck

It is where everyone –  family, neighbors, friends, acquaintances, and even those who don’t want to, but feel the pull of obligation by the sheer weight of embarrassment or shame – brings a dish of something to the occasion, gathering or congregation of confluence.  That is both the rub and the drub, isn’t it?  We never know what is brought to the event; and for some, slinking in unnoticed with empty hands, and once there, who asks what the contents of the contribution consisted of – which can easily be dismissed, in any event, with an inane response of, “Oh, this and that, you know,” and walk away knowing that good manners will prevent any further query of suspicion.

There are always three elements (just three?) to the concept of a “potluck” meal:  (1) If sufficient numbers are invited, the likelihood of a grand and satisfying feast will aggregate (of course, the better preparedness would assign various categories to each invitation – i.e., invitees “a” through “d” brings entrees; “e” through “k” desserts; “l” through “r” side servings, etc.), (2) While some overlap and duplication might occur, the statistical chances are that a wide variety of random amalgamation will be the result, and (3) the greater the participation, the higher statistical chance of success.

It is of this last element that applies to Federal and Postal employees considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, regardless of whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  For, it is the “other side” of the shotgun approach – of allowing for multiple input, various hands and uncoordinated resources, that implodes with an inconsistency of strategic focus.

Medical conditions are interruptive enough; the inability to perform one or more of the essential elements of one’s Federal or Postal positional duties, often results in a parallel inability to prepare, formulate and file an effective Federal Disability Retirement application.

That being said, “help” and “assistance” of the non-legal type may come from spouses, family and friends –  voices which neither know the pain of the applicant who is filing for Federal Disability Retirement benefits, nor are familiar with the legal pitfalls and consequences attending to each procedural and substantive step of the process.  “Help” is always a “good” thing; but in preparing an effective Federal Disability Retirement application to be submitted to the U.S. Office of Personnel Management, the “potluck approach” may be the least desirable of methodologies to engage – unless you simply want a good and hearty meal in the process.


Robert R. McGill, Esquire


Disability Retirement from Federal Government Employment: Perspective

It is a different species from either judgment or understanding; for, of the former, it is often the basis and foundation to make one; as to the latter, it is the result from the procedural content in order to attain it.  Perspective is an admixture of multiple components:  experience adds to a balance of it; proper facts relate to the accuracy for it; consideration of judgments others proffer enriches it; and the capacity to connect all of the information gathered and provide previously unimagined ties within a historicity of intersection, relevance and significance of balance empowers it.

To possess it is to fail to react merely to a given situation while others around disintegrate in self-pity.  To apply it, is to become uplifted as a paradigm for others to follow, and to integrate the fusion between past, present and projection into future courses of action.  For, in the end, to have a proper “perspective” is nothing more than to realize the “now” in light of past experience and apply it to future predictability.  But what if the human constitution does not always allow for identical natures inherent to all?  Why do some lack it, while others are deemed to be forever secure in wisdom and reliance?  Solomon is reputed to have possessed it; the women who approached him, lacked it; and the audience surrounding had no clue of it.

In law, generally, it is the tactician who can strategize by means of understanding the applicability of precedents relevant to a given case, and if it goes before a Hearing or a Trial, to incite the emotional empathy of jurors and the sense of justice uncommonly deviated from the Judge’s aplomb of impervious fortitude that wins the day.  In Federal Disability Retirement law, perspective is often needed in order to make the right kind of judgments throughout the administrative process of preparing, formulating and 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.

Having the “wrong” perspective – first, about filing at all, and second, about the administrative process and procedural hurdles itself – can result with inaction leading to detrimental consequences.  Possessing and applying the “right” perspective encompasses a wide range of issues:  whether to file; when to file; how to file; what evidentiary annotations of facts, argumentation and laws should be included in order to implement the most effective pathway to an approval of the Federal Disability Retirement application.

Perspective:  it is something that legal counsel and experience of advice can provide within a framework of a time in one’s life when it is sorely lacking.


Robert R. McGill, Esquire