FERS Medical Retirement from the OPM: The Intersection of Hostility

Is the cart before the horse?  Which came first, the chicken or the egg?  Such idioms have their appropriate meaningfulness — as asking the question of sequence and priority in a given circumstance.

For a Federal or Postal employee who suffers from stress leading to other conditions — perhaps of depression, anxiety, panic attacks, etc. — the question involving the intersection of workplace hostility, or what is often termed as a “Hostile Workplace” — comes into the picture.  It is an issues which must be carefully addressed when the intersection involves preparing, formulating and filing for Federal Disability Retirement benefits under FERS.

Why?  Because a further legal issue — that of “situational disability” — can defeat a Federal Disability Retirement application under FERS.

Certainly, the intersection of hostility can and often does play a part in a Federal Disability Retirement application, but it should be characterized merely as a “trigger point”, and not the sole and exclusive basis of filing for Federal Disability Retirement benefits from the OPM.

How one formulates a Federal Disability Retirement case; the description of the intersection of hostility; whether one’s medical condition is “situational” or “all pervasive” — these should be considered by an OPM attorney who represents the Federal or Postal worker in a Federal Disability Retirement case under FERS.

Contact an attorney who specializes in Federal Disability Retirement Law, and do not put the cart before the horse, or argue that the egg came before the chicken, before consulting with a lawyer who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

FERS Disability Retirement from the OPM: Failures

When they come, we tend to overemphasize them.  When they become a rarity, we believe far too grandly in our own abilities.  It is always important to maintain a balanced perspective — what Aristotle would have termed the “middle way” or the Golden mean.  To avoid the extremes is a difficult path to follow.

Failures come into our lives within a context of a society which is intolerant of them.  We root for the winning team and barely recognize the fabulous plays of the defeated one; an individual can perform exceptionally well throughout, but if in the last minute, the final few moments, or in the very last second of that performance, the prize is overtaken by another — all of that effort is deemed a failure and for naught.

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, OPM Disability Retirement might have to be considered.

Perhaps you had a long and extended career or, maybe you have barely met the minimum time-in-service requirement of 18 months of Federal Service.  In either event, you have met the threshold for filing a FERS Disability Retirement application, and whether of a long and fruitful career or of a short impact within a specified timeframe, filing a Federal Disability Retirement application is not an indication of a failure to be distraught over, but merely a recognition that it is time to move on to the next phase of a future yet bright and hopeful.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Challenges

Throughout life, they are always there — some, we take up; others, we ignore; and still others, we consider and perhaps avoid, and sometimes leave with the regret that not having taken the challenge may have left an empty void within our souls, but we will never know.  Some challenges we create; others, they just come along without even asking; and still others, it just appears that circumstances coalesce beyond our control and they just appear out of nowhere, neither asked for nor necessarily desired.

Health challenges are an inevitability.  Yes, there is the rare one who lives to be a 103, never was sick in a day of his or her life, and suddenly dies while doing an activity which was enjoyed throughout one’s life; or of those women in Siberia or some other exotically barren land who made and ate their own yoghurt or remained throughout on some other healthy diet because the environment left them no other choice, and somehow avoided the ravages of illness, fast-food restaurants, greasy cheeseburgers, French fries that were marinated and cooked in engine oil, traumatic injury or other deteriorating health conditions that could not be attributed to anything but a lifetime of a particular lifestyle choice.

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, the challenges are many: Continuation of a career or not?  Enduring of harassment for taking too much SL or LWOP, or surviving the PIP?  Possible termination to be faced in the near future?

And the ultimate challenge: Preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset — now that is a challenge for the ages, given the complex nature of the administrative process called “Federal Disability Retirement”.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Retirement: The time watcher

How many times (stated in the numerical sense) do we watch the time (in the alternative sense)?  Do we waste time by keeping an eye on time, or is it prudent because it forces us to maintain a “schedule” or mandate a strict adherence to a regimen of activities to be performed, chores to have accomplished and work to be completed?  Does watching time save time or merely waste it?

Say a person keeps looking at his watch (or is this in and of itself an anachronism, now, as everyone merely lights up the smart phone which has made wrist watches outmoded?), and you notice that he does so systematically — say, every 5 – 10 minutes.  Then, at precisely 5 o’clock, he gets up from his desk, puts on his coat and leaves the office.  You realize that for the past hour, all that this person had been doing was to check the time in anticipation of leaving at a certain time.  Whether any actual work was completed; whether the watching of time contributed to any productivity, etc., is of relevance, are they not?

For, the time watcher watches the time pass, and it matters as to the reason underlying the very watching of time.  It one watches the time in order to meet a deadline, say, or pace one’s self in a race, etc., then does it make it more productive than if one simply waits for the last hour to pass in order to go on to something else?

Time watching is certainly something which we all do, but as to its usefulness will often depend upon the reason why it is engaged — as in, for “negative” purposes, like “passing the time” in order for a specific moment to arrive, or for “positive” reasons, as in monitoring the passing of time while engaging in a certain type of activity, etc.  The harmless activity of time watching becomes magnified in exaggerated form when the very “watching” itself becomes the central activity — sort of like the notion of “we live with the expectation of dying”.

For Federal employees and U.S. Postal workers who realize that one’s times are “numbered” (both in the numerical sense as well as in a metaphorical usage) because of one’s medical condition that prevents the Federal or Postal worker from performing one or more of the essential elements of one’s 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 employee or the U.S. Postal Service worker is under FERS, CSRS or CSRS Offset, the watchful time watcher who watches as others whittle away the time wondering whether the next harassing initiation of an administrative sanction will be imposed by the agency, or of the watchful waiting to see if you fail to meet the standards of an imposed PIP — watching the time pass to see if you can make it to retirement age or time-in-service computation is no way to live.

If a medical condition is impacting your ability to perform the essential elements of your job, it is time to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.  It is time — or past the time — to merely think about it; rather, it is now time to act, and not remain as a passive time watcher, but to take the reigns of time and become the time watcher with a purpose.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Human & humane activity

Does the dropping of the single vowel make a difference?  Should it?  Or, should the very status of being “human” encompass and naturally include being “humane”, as well?  Should they not be synonyms, or even indistinguishable as an amalgamation of vowels and consonants, as opposed to two distinct words, even if one is considered as a mere extension of the other?

For, it is precisely the unique characteristic and capacity of the former to exhibit the latter, and it is the latter which defines the essence of the former; and so, in many respects, they are identical terms, even if the latter contains a total of 6 letters, comprised of 3 consonants and 3 vowels, whereas the former has one less, with 1 more consonant than a vowel, making it into an uneven number of letters as opposed to a balanced equality of 3 to three, and making it into a ratio of 3:2.

Yet, doesn’t the essence of X require the need for an antonym to exist in order for a contrast to magnify the truth of it?  Thus do opposites enhance each other – does “Being” make any sense without “Nothingness?”  Would “happiness” have an existential sense without “sadness”?  In that logical entrapment, doesn’t the essence of being “human” require, by logical necessity and extension, the capacity to act its opposite – of cruelty, inhumanity, genocidal tendencies and masochistic egoism of the highest order?

That is the unfortunate reflection of reality from the refraction of a word; being “human” does not necessarily compute to being “humane”, although its opposite is apparently not true – if one is “humane”, one necessarily posits that the active agent of such empathy, caring and sensitive treatment is that of a “human”, and not some other species of animal that can exhibit such a trait.  But is this true in all cases?  Do we not witness “humane” treatment by others – by dogs, cats and pigs, perhaps?  Or do we attribute other characteristics to explain away such behavior – such as “loyalty”, “habit” or “trained behaviors”?

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, “humane” treatment by other “humans” is often sorely lacking.  What is it about having a medical condition that somehow brings out the worst in others?  Is it a fear that such a condition reflects a future reality that others see and want to avoid, and therefore begin to treat the person who possesses it like a plague of some short?

Agencies are supposed to treat workers with identified medical conditions in a “humane” way and, if they do not, there are laws concerning the requirement to “accommodate” in place; and, if there are no accommodations, then preparing an OPM Disability Retirement application is the next “humane” law that is there for the human being beset with a medical condition.

That is the peculiarity of laws, of course – they are passed by humans with the knowledge that they do not always engage in humane treatment, and that is why laws governing Federal Disability Retirement are there to be applied – for the human who requires being forced to engage in humane treatment of others, precisely because humans have shown a consistency tendency in history to act inhumanely.

Sincerely,

Robert R. McGill, Esquire
Postal & Federal Employee Attorney

 

Medical Retirement from Federal Government Employment: The Mercenary

Why is it that money taints with toxicity of motive?  If a person does something with no compensatory demand, does that fact alone make it less suspect?  Does the professional soldier who gets paid by one’s own country show a level of patriotism unblemished, but the one who hires out for monetary rewards by another, belie a code of honor?  What gives the scent of blemish, the hint of a soul’s impoverishment, and the sullied character of an inner decay?

Are we merely taught to remain in silent awe at the poor woman in the story of the miserly penny, and frown if a child begins laughing and saying, “What a fool to give up the last penny!”  Are saints born, or are they taught and disciplined, when the innate signs of cynicism may yet win out over the empathy of a fool’s errand?  What good is “goodness” in an evil world?  Do we remember Bonhoeffer, or was his courage forgotten amidst the thousands of graves both marked and without remembrance, in a world where community no longer exists and friends are counted by Facebook likes and never by the warmth of human comity?

Somehow, money taints, and the toxicity of the transfer sticks like mud to the boots of a killer, leaving tracks and traces in the bogs of lives tarnished.  Yet, it is the exchange by which dreams are made, the goal for which daily toil is endured, and the chances taken in bribes received in order to attain a measure of financial security and the declarative success of an age where hypocrisy dares to utter its laughable voice of despair.

Is it because we believe that mercenaries fail to believe in that which is being fought for, and instead confuse the means for an end we misguidedly believe should be the end in and of itself?  Does engaging an individual for purposes of honor, country, faith and other tropes of a nation’s visage of vacuous promises make it any more substantive if the abandonment of a country of its own vital principles reaches a point where such terms no longer apply?

There are those who romanticize the independence of the mercenary, despite the Geneva Convention restrictions which grant lesser protections in the event of capture; and, yet, history is replete with their use and presence, from Ancient Egypt during the rein of Pharaoh Ramesses II  to the French Foreign Legion and the British Gurkha regiments, and beyond to modern warfare.  But romanticization and reality often conflict and collide, and the remaining entrails of toxicity remain with the scent of avoidance.

In more quiet arenas of modern life, the term itself is often applicable not to fields of the battleground, but to individuals who “go after” others for rewards and reasons of similar taint and toxicity.  In the employment arena, there are mercenaries aplenty, and they are predators that devour with equal ferocity.

For the Federal employee or U.S. Postal worker under FERS, CSRS or CSRS Offset who suffers 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, and therefore must prepare an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, the duality of dangers must be faced.

First, the allegation that the Federal or Postal employee is merely being a “mercenary” by “taking advantage” of a generous system of medical retirements, and Second, to beware of the mercenaries of the Federal Agency or the U.S. Postal Service who aggressively go after the Federal or Postal employee weakened and unable to defend him or herself during the process of preparing, formulating and filing a Federal Disability Retirement application, precisely because of the medical condition itself.

In both instances, it is the mercenary instinct itself which dominates, and no amount of honor or faith in country can withstand the onslaught of the vicious outliers of such gossiping geese.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: Of empty promises

What is a promise? Is it binding, and if so, what makes it binding?  Does a written acknowledgment, a memorandum of understand or a memorialization of promises made and assurances conveyed, make a bit of difference?  Why are “eternal” promises so much easier to violate – is it because, as finite human beings, “everyone knows” anyway that we never meant to keep such stipulations made before gods, angels and other sanctified entities?

What about empty promises – those that we know are suspect to begin with, but in a drunken state of euphoria, deliver them with purportedly serious aplomb and regurgitate without hesitation before ceremony and sanctimony coalesce to delightful sounds of quietude where the backside covers the crossed fingers in a crucifix of humor and denial?  Disdain originates from a plenitude of broken promises; and the incremental unease which develops into the angst of quiet fury, directed with a despair permeated upon decay of conscience.

In a time before, when a person’s word needed not a written memorialization; when a handshake solidified unspoken words with a mere nod; and when language stood stalwart against the disputatious sophistry of linguistic gymnasts; by contrast, today we have a population of experienced betrayals, where everyone mistrusts and no one accepts at face value.  Is this merely a reflection of wisdom matured, or of cynicism run amok?  What do we teach our children – to trust selectively, to never accept the words as spoken, or to remain as innocent lambs on the road to the slaughterhouse?

We of this generation know of empty promises and broken dreams, and the sad part of it is, such dismay is based in reality.  Of Prozac, anxiety and childhood despair, there is no replacement of virtue in doing what “feels good” or changing mates as often as we do our underwear.  But, then, we cannot be too judgmental, these days, lest we offend our counterparts and crack the mirror which reflects our own hypocrisy.

And what of Federal employees and U.S. Postal workers?  They have also felt the brunt of empty promises.  This was supposed to be the dawn of a new age, where workers would be treated with respect and dignity, and when a medical condition or a disability intervened, the Federal agency or U.S. Postal Service would “accommodate” the medical condition.  But old habits die hard, and one must always be suspicious that there is a genetic code of ingrained darkness in the core of humanity.

Thus, fortunately, we still have laws which protect against such empty promises – like those pesky laws governing Federal Disability Retirement benefits, protecting Federal and Postal workers from simply terminating a Federal or Postal worker who suddenly cannot perform one or more of the essential elements of one’s Federal or Postal job, because of the onset of a medical condition.  Preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is one way of ensuring that empty promises made, and left unfulfilled, may yet be salvaged by filing an effective OPM Disability Retirement application.

Just a thought, though empty it may well be, like promises left in the silence of a singularly occupied room, uttered to no one in particular, and heard by everyone in muted valleys of numbed acquiescence.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: “The Work Of 10 People”

We have all heard the boast:  “I do more work in an hour than most people do in a week”; “I earn the wages of 10 people before breakfast”; “I do twice the work for half the pay”; and on and on.  The plain fact is that each individual, no matter the self-interested tropes of inane contradictions, performs the quantitative and qualitative labor of that singular effort, and no more.

Some may meet greater production quotas; others may appear to make significantly faster headway into concluding projects and assignments; but the boast of self-worth is nothing more than a comparative analysis which ultimately fails when proper relative proportionality is conducted; there are always others whom you have not met, hardly know, or will likely never encounter, whose competence outshines the vast and endless ego of your own self-assessment.

Where does such self-delusion originate?  And are there more such self-assurances in modernity than times of yore, when the steady hand of methodical progression marked the greater component of accomplishment than the technological rapidity of keyboard firing squads?  Or, of that other boast that one’s work has already been completed an hour into a workday, while others move in segments of slow motion, like a reel of film stuck in the ink spot of eternal delay?  What ever happened to the idea of a team effort, a communal approach, or even of a collective combine of aggregate accomplishments, where personal valor and individual recognition is sacrificed for the greater whole?

In modernity, in this millennial, during these self-aggrandized times, the focus of vulnerability is based upon an egocentric mirror of reflective selfishness.  As one has been taught throughout grammar school and higher education that the war hero is merely likened to a sports hero, where the term “courage” is another fungible word that can be applied as much to the battlefield as to a spectator sport of button-pushing, so the worth of an individual is relatively compared to a production quota, like mere means to the end of a drama.

In the administrative law of Federal Disability Retirement, that sense of worth is greatly diminished and deliberatively demeaned by the hostile attitude towards a Federal or Postal employee with a medical condition.  Don’t think that the years of productive accomplishments touted previously will mean a farthing’s worth of reserved good will; it means nothing.  What is done today and promised tomorrow are the two components of meaningful discourse; any delay or doubt evinced by one’s medical condition, is but a red-light indicator for termination or administrative sanctions.

For Federal and Postal employees who can no longer perform one or more of the essential elements of one’s positional duties, preparing, formulating and filing 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 indeed a means to an end – to escape the growing boast of that Supervisor or Manager who believes that the Federal or Postal employee who suffers from a medical condition is the same one who hinders by being an obstacle of existence for doing the work of 10 people, when in fact he or she is merely one of a greater collective effort, nor more than the worth of the dismissive “you”.

Sincerely,

Robert R. McGill, Esquire