Postal & Federal Disability Retirement under FERS: Change of Circumstances

The quantitative and qualitative changes; to what extent and degree; the consequences of the alteration; the impact; the need for adjustments or “accommodations”; these, and many more, determine the response required following a “change of circumstances”.

Death of a spouse; illness of a child or close relative; loss of income; increase of death — these, and many more, constitute a significant and substantive change of circumstances in one’s life.  Being outsourced, outmoded or deemed as obsolete; of being replaceable, fungible or no longer needed; in these technologically challenging times, we are all subject to the whims of a society focused upon productivity and not on human value.

A medical condition is considered a major change of circumstances, and can lead to the negative result of obsolescence.

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, the change of circumstances necessitates triggering of an effective filing for FERS Disability Retirement benefits from the U.S. Office of Personnel Management.

The medical condition itself is the “change”; the circumstances are comprised of the nexus between the medical condition and the impact upon one’s inability to perform all of the essential elements of one’s job; and it is this combination of “change” and “circumstance” which should prompt the Federal or Postal worker to contact an OPM Disability Attorney who specializes in FERS Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire
Postal & Federal Employee Disability Lawyer

Medical Retirement under FERS: The Festering Problem

Is that why they came up with that name in the old Addams Family television series?  Of a problem that — over time — becomes a greater issue because it has been left and avoided, leaving the “sore” or other infection to “fester”?  The character in the Addams Family series always seemed to pop up and in out of nowhere — like the crazy uncle left locked in the basement whom no one wanted to speak about and everyone wanted to avoid.

That’s what we allow for in our lives — if not of overtly obvious wounds that we wish would simply go away; then of internal wounds, damaged psyches and anxieties left unresolved.  Things always seem to crop up much later; perhaps of slights in childhood or anxieties, fears and unhealed hurts left to fester; and then, years later, they develop into magnified “issues” which become euphemisms to mask the psychological trauma experienced.  Life is tough.  There is no getting around it.  How we deal with the stresses of daily living, of workplace conflicts, of medical conditions which develop and deteriorate; in the end, each person is left to his or her own devices, with the patience perhaps of family and friends.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the festering problem appears like old Uncle Fester from the Addams Family, it may be time to prepare an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management for consideration.  It is a long and arduous bureaucratic process that, if left to the novice, can itself become a festering problem.

Consult with an attorney who specializes in Federal Disability Retirement Law, lest the problems which resulted in your current predicament becomes a greater one later on because of the festering problem of avoidance — like that Uncle Fester who will suddenly appear from nowhere to remind you of the problem that remains unavoidable.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Service: Tarnished lives

These days, are there any other kinds?  Do saints exist, or is it merely time which erases the stench attached, and as history is recorded and memorialized by sympathetic co-conspirators attempting to preserve the sanctity of reputations and disregarding the detritus of humanity, so once the sanctification by pontifical decree settles upon a figure previously considered human, and now an idealized version of an individual lost in the complex historicity of biographical omissions, the tarnished perspective of lives once lived has disappeared into the ethereal universe of a surreal reality.

All lives are tarnished; but the moment one makes such a statement, it becomes a meaningless declaration.  For, just as stating that X is “all-inclusive” necessarily negates its opposite, so to posit that Y is “pure nothingness” undermines the very essence of “something-ness”.  If everything is meaningless, then nothing can have less or more meaning than anything else, and thus do we end up with an anarchy of language.  So, to qualify: Yes, all lives are tarnished, but some lives more so than others, and others, less so than further others (somewhat like the declaration in Orwell’s Animal Farm, where “all animals are equal; but some animals are more equal than others.”).

And thus do we live this way, where the cynic believes that there are no saints, and the naïve minority of individuals who believe in such blather repeatedly invest in purchasing the Brooklyn Bridge as a sound retirement strategy next to Bernie Madoff’s pyramid scheme.  But of what do we judge a “tarnished” life, as opposed to one that is not?  Does a minor blemish amount to the same thing as a total spoilage of the whole?

That is where people have often misinterpreted the religious teachings of entrance into heaven, where purity through the sacrificed Lamb allowed for gaining a foothold into heaven, but where – from that – people argue, therefore, God doesn’t make a distinction between a minor infraction of sin and the carnage of murder or some other equally greater offense.  But surely there is a difference with a real distinction between that which requires purity in order to enter into heaven, as opposed to judging the difference between types of moral turpitude?

Yes, we all live tarnished lives, but some lives tarnished are of greater consequence than others.

For Federal employees and U.S. Postal workers who view the onset of a medical condition as a “tarnished” smear upon one’s career, and thus resist leaving until that smudge has been erased, good luck.  The reality is that a medical condition is not a reflection of any “fault” or “negative” judgment upon a person; instead, it is simply a reality of one’s mortality.  Some people never suffer from a serious medical condition; others, with more than a fair share; and most of us fall somewhere in between.

For the Federal or Postal employee who suffers from a medical condition such that Federal Disability Retirement must be considered, always remember that the need to seek an alternative remedy through a Federal Disability Retirement is never a reflection that deems that one now falls amongst the tarnished lives of greater misdeeds, but merely a reality in this mortal world of fallen souls, no different for this generation than for the centuries of such tarnished lives in unmarked graves of yore.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Exchanging pleasantries

Some possess the greater patience for it, and enthusiastically embrace the inherent gamesmanship and accompanying pleasures derived therefrom; while others merely forego even the most basic of such prefatory considerations and condescending patronization that commonly attaches.  Still others mechanically, thoughtlessly and with automated responsiveness, emit the utterances with aplomb and a wave of hands, never pausing to even consider the discourteousness of violating that fragile sheen of neighborly discourse.

— “Hello, how are you.”
An introductory glance inviting suspicion and possible rebuttal

—  “Fine weather, isn’t it?”
Can a mere nod be sufficient?

—  “Hello!”

Can we get by this person with silence?

Have we become more cynical as a whole, and have the constant warnings by governmental agencies concerning scams, frauds and insincere malfeasance taken its toll?  Or, are there still visiting angels among us, whom we ignore at our own peril?

Are there exceptional salutations that demand a presence of mind, or do they all fit into a mold of complacent irrelevancy?  “Merry Christmas”, or its more neutral form of “Happy Holidays”, and even “Happy New Year” – is it the occasion itself which is evocative of a positive response, or does the Scrooge that lives within each of us allow for a grunt and a nod?  When exchanging pleasantries becomes reduced to a mere foresight of impending hostility, does it lose its efficacy, or is the “break-down” of superficial civility revealed in the acrid intonation of a voice which fails to match the salutation itself?

For Federal employees and U.S. Postal workers who have come to expect the common resources of exchanging pleasantries, the line of demarcation where civility devolves into acrimony and harassment often boils to the surface when the Federal or Postal employee begins to become less productive as a result of a medical condition that prevents one from performing one or more of the essential elements of one’s Federal or Postal positional duties.  Whether under FERS, CSRS of CSRS Offset, it is often a good indicator of things to come, and thus it is important to gain a “step ahead” by preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

Time was that exchanging pleasantries was always taken for granted; but for the Federal or Postal employee who is witnessing the deterioration not just of one’s own health, but the superficial health of common decency and discourse with coworkers, managers and supervisors – it may be time to exchange those pleasantries with a reality check, and begin preparing, formulating and filing for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement Benefits: ‘Can’ and ‘Have to’

The category of the latter has diminished in recent years, as the general populace has mistakenly misinterpreted the distinctive definitions of liberty and freedom, and reassigned meanings as license and anarchy.  The blank column of the former concept has come to be full, despite the reality of the economic downturn and the shift into a global economy that, we are told, is an inevitable consequence of human progress.

We were taught that the march of progress required the destruction of the American West, where a way of life needed to be trampled upon and destroyed in the name of advancement and civilization; that each step of innovation and progressive paradigms constitute an almost Hegelian fatefulness, and resistance is merely an act of futility within the aggregation of the Leviathan called “Progress”.  The modern parlance consists in the acceptance of every innovation of technology, to the extent that Orwell’s dystopian premonitions have been surpassed by a reality now accepted as mundane and commonplace, and we fail to realize that his magnum opus of a totalitarian future could have been heeded, but now is merely embraced with a yawn and barely a glance backward.

The more that society comes to believe in that which we ‘can’, as opposed to the obligatory mandate of ‘have to’, the less likely is there of a resistance to authority.  And, until the police raid in the middle of the night or the unquestioned stop and search on a highway where others just whiz by without puzzlement or curiosity, is experienced personally by a given individual, the onerous nature of laws passed in the name of safety, security and preventative measures, will be merely a conceptual haze masked by an obscure hypothetical.

Instead, we live day-to-day in the conundrum of being told that we ‘can’ do what we want, desire and fantasize about, and there is little that we ‘have to’ do.  Thus do infidelity and divorces occur; of abandonment of family ties based upon tropes of scintillating sensations; and goals set aside in the namesake of present pleasures.

There is a category of individuals, however, where the luxury of ‘can’ cannot be replaced by mere want of ‘have to’ – a person with a medical condition.  For Federal and 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 ‘can’ once relied upon transforms into an inability.

Once the inability to perform one or more of the essential elements of one’s Federal or Postal position becomes a reality, then the ‘have to’ is finally realized – of 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.  Do not let the muddle of incessant trope involving ‘can’ become confused with ‘have to’ – for, when one comes to a point of ‘must’, it is time to prepare, formulate and file an effective Federal Employee Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: The Holiday Season

We are entering into that period of respite; of the contradictory clashes of duality in purpose, paradigms and expectations:  to “be happy” during a season where one is forced to conform to a standard no one quite remembers was ever met in the history of mankind; of rushing to “get everything done”, while supposedly being reflective, meditative and contemplative upon the season of new birth and magical fantasies; of responding to cheerful salutations contrary to one’s nature, reflex and possible genetic disposition so ingrained that the forced smiles hurt the resistant flesh around one’s mouth; and, all the while, to act “as if.”

“As if” the religiosity of the event still matters while we stand in line to follow the incessant promptings of the commercialization of that which we are admonished to recognize as a “sacred” time of sacraments and benedictions; “as if” kids can still believe in something when throughout the rest of the year the cynicism of hopeless trope pervades and dominates; and “as if” the heart is really where the mind should be, when rationality is overwhelmed by the emotional turmoil of one’s life experiences, the present hope gone and replaced by tomorrow’s sorrowful cries for yonder residue of ashen dust as the angels of lost years flew by in a whirlwind of timeless escape.

Yet, as we were once young and the trials of childhood memories forbade but a glint of hope, we remember trying to stay awake and listening, with but hopeful ears and fleeting dreams, of the footsteps of Santa upon the roof above, knowing that the tears suffered in years long gone could be embraced by a singular touch of a hopeful tomorrow.

The Holiday Season is upon us – with all of its inherent stresses, the clash of psychology between hope and expectations, and the further problems now upon those who actually believe that someone else’s Instagram truly represents the reality of life’s perfection, where there is none.  Yes, yes – everyone will be given that trope of wisdom:  Slow down and enjoy the season; it is not as important to receive, but to give; if everything doesn’t seem perfect, relax and enjoy the company surrounding; if you are getting too “stressed out”, then – what?

Often, it is actions beyond words which result in the first steps toward a “feeling” of accomplishing something, and for Federal employees and U.S. Postal workers who need to take the next step towards getting beyond the medical condition that has become chronic, and away from the constant harassment and condescending remarks about not “carrying your weight” at the workplace, 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 the necessary first and next step in reaching a goal known but not yet materialized.

It is somewhat like the “Holiday Season” itself:  we are “supposed” to be cheerful, but what cheer can be found in rushing about to buy trinkets from sweat factories made in foreign lands?  The key is to find the quality of life in the small steps we take, and as with both the Holiday Season and filing for Federal Disability Retirement benefits, it is those first and foremost necessary steps – baby-like though they may appear – that will result in the accomplishment of a lifetime.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: Understanding

The Master asks one of his two dogs, “Where is ___?”  If the second pet wags her tail, looks quizzically at the owner, then proceeds to go to the far end of the next room and locates the wandering misfit and barks to you that she has found him – do we disbelieve?  If the same question were to be asked of one’s child in reference to a sibling, and the identical result occurs where the first child goes into another room or runs up into the attic and locates the lost soul, would there be any doubt?

Same circumstances, identical behaviors, concurrent results; merely different mammals within the genus of species, and yet we disbelieve because of arrogance and pride of self-worth.  Why is it that we refuse to attribute understanding to non-human entities despite clear evidence to the contrary?  Is language defined by grammatical rules of construction retrospectively applied, and does that constitute a basis for refusing to allow admittance into the colony of intelligence “clubs” of exclusivity we have created based upon rules of comprehension we have paradoxically constructed?

The rules constituting grammatical comprehension and technical application came subsequent to language itself; for, no one believes that Man sat down eons ago and decided to set down rules of linguistic conveyance, upon which the growing population then began to follow.  No, conformity to such constricting paradigms were initiated, instituted and concretized when society recognized that there were differences in parochial intonations, and those who had nothing better to do decided with arrogance and ivory-tower nose-lifting that correct idioms of speech needed to be recognized, applied and adhered to.

And what of animals?  So long as the working paradigm consisted of our self-image as just below the angels and above the burdens of beasts, we refused their eligibility to the elite of elasticity in language and comprehension.  Yet, despite all of the convoluted attempts at avoiding acknowledgment and recognition that “to understand” is nothing more than the behavior following an utterance of speech, the pragmatism of daily life refutes our own methodology of exclusionary conduct.  For, in the end, it is merely the impact of speech upon behavior in a given society, whether that indicates a “human” world or a “dog” universe.

For Federal employees and U.S. Postal workers who are considering 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, the question of “understanding” before “acting” often becomes a vicious circularity resulting in non-action:  The complexity of the legal tangles in Federal Disability Retirement law tends to make the Federal or Postal employee pause; failure to act in preparing, formulating and filing a Federal Disability Retirement application serves to exacerbate one’s condition, which leads to greater stress and turmoil; non-action results.

The key is to recognize that “understanding” – not even “complete understanding” – is necessary.  Rather, it is often the subsequent initiation of acting following a verbal commitment that is the only real test of understanding.

Sincerely,

Robert R. McGill, Esquire