Tag Archives: federal civil service excessive leave use/abuse of sick leave?

FERS Medical Retirement Claims: Things We Didn’t Ask For

Perhaps the list is long; or, somewhat shorter than expected.  If it is a long list, one must question whether or not you actually didn’t ask for the items on the list.  If it is comfortably short, then it may reflect a greater control of one’s life.

Some things which the list may include: Financial problems; difficulties at work; a dog, a cat or some other stray animal having made it to your home; unruly kids; unappreciative kids; kids who never grow up.  Marriage often adds to the list — not because you don’t love your husband or wife, but because marriage is often an involvement of complex compromises where not everything is agreed to.

Can a shorter list reflect a greater capacity to control one’s life?  Perhaps — but the one column you cannot control is: A disabling medical condition.

That’s one of the things we didn’t “ask” for, although living a certain type of lifestyle may implicitly be interpreted as having “asked” for it, like: Jumping out of airplanes while being in the military (with later consequences of degenerative arthritis in the knees, for example); living in an unregulated state where upriver or downwind is a chemical pant spewing out dubious toxins which rain onto your lawn, forever killing anything and making those tomatoes a strange grey pallor, as in the state of Texas and perhaps some others; or of excessive use of drugs and alcohol in self-medicating for stressful issues, etc.

But, for the most part, a medical condition is one of those on “The List” which we didn’t ask for.

For Federal Gov. employees and U.S. Postal workers who suffer from a medical condition — whether you asked for it or not — the prospect of preparing a Federal Disability Retirement application under FERS may well be necessitated by one of those things you didn’t ask for.

When a medical condition prevents you from performing one or more of the essential elements of your job, it is time to ask for something which you need — a Federal Disability Retirement Annuity — because of that which you didn’t ask for — a medical condition.

Hopefully, your application with the U.S. Office of Personnel Management will fall into another known category: Of Ask, and You Shall be Granted: An approval, from OPM.  Contact a FERS Disability Lawyer who specializes in Federal Medical Retirement Law and begin the process of asking for a benefit which is your right under Federal 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.

 

Federal Disability Retirement Law: The Comfort of Static

Comfort relies upon the known.  It is change which is most often uncomfortable.  The known chair or sofa where one reclines upon day after day; the familiarity of one’s home; the dog which greets with joy; the spouse who gives a hug; the workplace where one has spent one’s career — these are the static experiences of everyday life, and which brings comfort through stability and consistency.

Change — of moving; of changing careers; children leaving the home; the family dog no longer in good health; financial changes; old friends suddenly appearing in the obituary; these, and so much more, add to the stresses of one’s life, precisely because the comfort of static is suddenly lost.

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 position, the comfort of static is lost as a result of the medical condition, the need to continue working, the loss of one’s health and the potential loss of one’s career.

Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law, and begin the process of transitioning to a “new” comfort of static — of being an annuitant upon an approval of a Federal Disability Retirement application from the U.S. Office of Personnel Management under FERS.

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 Medical Retirement: Adapting to inevitable change

Change is an inevitability in life.  Most people, if confronted with it, freely admit that they do not “like” changes.  Being static; doing things routinely; living by force of habit; having a “routine” — these provide a sense of comfort.  Change, of course, can be a good thing — whether of forced alteration for the good of an individual or circumstance, or voluntarily because a necessary modification was identified, resulting in a greater refinement of efficiency or adjustment towards greater perfection.

Can a life unchanged throughout long survive?  Nature itself and the evolutionary theory of adaptability provides a partial answer: Those species which failed to adapt to a changing environment became extinct; others who adapted, whether by natural selection or (in the case of human beings, presumably) by planning, were and are able to survive the vicissitudes of tectonic shifts of change.

There are, of course, those who thrive on change — we read about them in various accounts about people who love the thrill of daily tumults and the unpredictability of ordained routines, or lack thereof and the instability of a life replete with the “high” of adrenaline flow that never ceases.  Can there be people like that — of the high-wired, high-strung individual, and do they constitute the paradigm of how the human species was able to survive the spectrum of past climate changes ranging from devastating floods, shifts of weather and increase of temperatures?

There are macro-based changes and micro-based ones, depending upon one’s perspective.  Global modifications represent the macro; alterations in individual lives constitute the micro.

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 need to file for OPM Disability Retirement benefits under FERS may seem like a “micro” change to the outside world; but for the individual, it is a big deal, and how to adapt to the change that will come about in filing for Federal Disability Retirement benefits can be a major, tectonic shift in one’s life, and to prepare for adapting to such a change, you should consult with a FERS Attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Wisdom amidst noise

There is much of the latter, and too little of the former.  Further, the latter tends to drown out the former, and while it is the former which should gain prominence within the spheres of influence, it is the latter that dominates and strangulates, leaving only the emptiness of seeming profundity and relevance so that what remains is the hollowness of inaneness.

Do we consult the Aged?  Or, in this era of modernity where the cult of youth predominates, is it back to the blindness and ignorance of Plato’s Cave?  Noise is more than the drowning sounds of a multitude of chatter and drum beats; it is the sheer volume of words spoken without meaningful discourse.  How many corners in forgotten Old People’s Homes reside the wisdom of timeless insight, and yet they are left to shuffle about and stare with vacant eyes upon a world that cares only for celebration of the young.

There is noise; then, there is wisdom amidst noise; the question is, Do we listen and can we learn when the din of irrelevance takes the form of profundity when logic is lost in a world that has renounced rationality in favor of celebrity?

Those old dusty books — of Plato’s Republic to Aristotle’s Nicomachean Ethics; the writings of the Medieval Scholastics; of Schopenhauer, Heidegger, and of recent vintage, almost anything written by Roger Scruton — who reads any one of them, anymore, and less likely, do we approach them with curiosity as once in the child’s eyes wide with want of wisdom in search of it?

Wisdom is a rarity in a universe of noise, and it is the noise which deafens for timeless eternity.

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, it is important to seek wisdom as opposed to the noise of the moment.

Federal Disability Retirement Law is a complex bureaucratic process which involves many levels of administrative perplexities, and while there is a lot of hype and noise “out there” among H.R. Specialists, coworkers and even among lawyers, it is always the best course of action to seek wise counsel and advice, and to be able to distinguish wisdom amidst noise.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Seeking stability

It is the constant tension between Parmenides and Heraclitus — those Pre-Socratic philosophers who first looked for a metaphysical foundation in comprehending the complexity of the universe.  In general, the former is known for his view about the ”oneness” of the universe; the latter, famously attributed with the statement that “No man steps into the same river twice”.  Both address the issue of the encounter with “Being” as Being itself, and not for any particular being.

Do the perspectives and philosophical beliefs of such “ancients” matter to us today?  Of course, we have only mere fragments of the writings of both philosophers, and so any attribution of thought may be tenuous, at best.  Nevertheless, it is the ongoing and historical tension between the two lines of thought which has any relevance or applicability for the modern individual.  That tension has to do with the manner in which we live, the outlook of our perspectives and the human need for constancy in a universe that often seems to be in perpetual turmoil.

Whether on a “macro” scale — i.e., of world affairs, the domestic front or even local news — one needs only to turn on the television to recognize the multifarious troubles of daily life.  Or, on the “micro”, more personal side: perhaps the illness of a loved one; the loss of a job; interpersonal relationships deteriorating — or a medical condition that has become chronic, where a Federal or Postal employee is concerned.

We all seek stability — a view like Parmenides’ philosophy — where we seek to have a sense of calm and quietude.  But the fact is that reality seems to always favor Heraclitus — of life as a stream that changes minute-to-minute, and a medical condition represents just that: a state of constant flux where stability will not yield.

For Federal employees and U.S. Postal workers who need to find some stability in their lives, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS, CSRS or CSRS Offset, is often the next logical step out of the turmoil and crisis that is created at work.

Seek the advice and counsel of a lawyer who specializes in Federal Disability Retirement Law in order to know your full rights.  Seeking stability in a world of turmoil is a very human need which we all desire, and for the Federal or Postal employee who can no longer perform one or more of the essential elements of his or her Federal or Postal job, the pathway of Parmenides is preferable to the rivers of Heraclitus.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement: Absurdity with an explanation

According to Quine, the great mathematician and logician, that is the definition of a paradox.  It is an event or a concept that seems at first glance to be an impossibility, or a conundrum of some complexity, but can be explained to unfold the absurdity first displayed.  Thus — of the man who has walked the earth for decades but is technically only 9 years old, until one realizes that his birthday falls on the 29th of February, a date that appears only once every 4 years; this is a paradox, until the absurdity is explained and it suddenly makes sense.

Similarly, a medical condition is a paradox: It is an absurdity of sorts, especially when it hits a person in the prime of his or her life.  What possible explanation can be had?  Where is the “fairness” in it, and why do some people who eat all sorts of junk food for years on end never experience the calamity of a chronic and progressively deteriorating medical condition?  Where is the “equal employment opportunity” of a devastating medical condition?

Where is the sense of “fair play” displayed when a medical condition pounces upon a Federal or Postal employee and suddenly no amount of past accomplishments make up for the sudden loss of productivity and need to use the accumulated sick leave, and even invoke FMLA rights in order to attend to one’s health?

For Federal and Postal employees 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 position, the paradox comes in the form of when to consider filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  For, filing a Federal Disability Retirement application through the U.S. Office of Personnel Management is indeed an admission of a need for change; yet, paradoxically, change is precisely what your Federal Agency or the Postal Service does NOT want — they want you to continue as before the onset of your medical condition.

The absurdity resides in the lost sense of priorities: work, as opposed to one’s health; stresses that exacerbate, as opposed to relieving those elements that contribute to one’s deteriorating conditions.  The only explanation that makes sense is to prepare, formulate and file a Federal Disability Retirement application, to be submitted to OPM in order to be able to focus upon one’s health.

That is the paradox, and the absurdity with an explanation for a Federal or Postal employee who needs to file for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire
Postal & Federal Employee Retirement Attorney

 

Federal Government Employee Medical Retirement: The missing comma

To what extent does language influence life?  As a mode of communication, sounds and utterances can certainly be restricted to a minimum, without threatening survivability; and in the history of our vast universe of words, thoughts and conceptual constructs embedded in dusty warehouses of discarded books, manuscripts and love letters tucked away in drawers once meant to safely keep where memorabilia of treasures remain unrevealed, does the competence of applying grammatical rules matter, anymore?

Do the dominos of historical reverberation fall in fated inevitability — like the missing comma which resulted in a lesser grade for the boy who would be king, but because of the diminished mark, failed to meet the expectations of a royal family who favored the second child, anyway, and beheaded the law of primogeniture; and thus did inevitability fade, history alter, and the child-king who would not be turned to savagery and the took revenge upon the world by becoming a little-known mass-murderer but to those whom he slaughtered.

Can the course of history be altered by the lack of placement of such a curved indentation of fate?  Where, just a fraction of a distance above, it is but an apostrophe which betrays the possessive embrace of a noun standing beside, but for the careless droppings which turn it into a comma?  Sometimes, of course, the misplaced comma can change the entire context and meaning of a sentence, and then the question becomes, do such misinterpretations have any force of impact, anymore, to the extent of interceding in the life of an individual?

Language is a peculiar invention; among other species, we recognize sounds, murmurings and signals to communicate; but to constitute the higher level of combining thought with words spoken and concepts written, requires an advancement of evolutionary uniqueness not discovered by fellow beings of other natures.

For Federal employees and U.S. Postal workers who must communicate and convince because of a medical condition, where the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal positional duties, trying to maneuver through the administrative chaos of the U.S. Office of Personnel Management with an effective Federal Disability Retirement application — as ensconced in SF 3112A, Applicant’s Statement of Disability — is the highest of tests in the usage of language as a tool of persuasive activity.

It may not seem so, as any encounter with a bureaucratic maze will often appear to be merely an arduous chore of necessity; but, in fact, engaging a behemoth and arguing it from its slumber of overwhelmed caseload is a reflection of man’s penultimate destiny of a chance meeting between grammar and life undeservedly faced:  Of whether the missing comma is of relevance, anymore, in this age where the possessive pronoun no longer matters when a computer can delete the words left unsent.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Caution

It is the characteristic which precludes and prevents unnecessary harm, and allows for the survival instinct to flourish; yet, as with most traits, there are both positive and negative aspects to it.  Yes, the telltale signs of hesitation, trepidation in approach, care in proceeding, and sometimes outright flight, allows for the evolutionary dominance of survival of the fittest and the genetic propagation of a species on the rise.  In modernity, however, when the dangers once diverse in the State of Nature are no longer applicable, that same innate fingerprint can be the preventative modality of stunted growth.  What was once the thrust for endurance of longevity may now be the invisible thread which holds back.

Caution, as a philosophy of living, can indeed limit the potential for greater good.

Perhaps in finance, the conservative approach with steadiness of investment is the preferred methodology; in politics, the inane and incomprehensible mumblings which meander with linguistic elasticity and meaningless tropes, the pathway to elected office; and in the Federal Sector and the U.S. Postal Service, to “not make waves” may well be the quiet road to disregarded competence and allowable step-increases at expected intervals.  But sometimes life brings about change without the seeking our of disruptive interludes, and that is precisely what a medical condition does to a life of serenity and quietude.  They are life’s misgivings not asked for, and interruptions unearned.

There again, caution and hesitation go hand in hand, and making a decision about filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee is under FERS, CSRS or CSRS Offset, is but a manifestation of a character trait which may have served you well up to this point, but which may exacerbate the collaboration of an unwanted triumvirate:  work, health, and one’s future security.

Filing for Federal Disability Retirement benefits through OPM often has a daunting sense of the unknown, and that is never a positive sign for the cautious by nature.  But nature’s course may not be the best, or even the wisest, avenue in this era of modernity; for, as the trait which allowed for narrow escapes in eons past, it is also the identical essence which may have delayed the promotion, interrupted the dream, restrained the hope, and dashed the fantasy which remained as an unscented residue quashed by a desire suppressed in the first chapter of that cautionary tale called “you”.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Loss of that subtle distinction — fun versus training

Reading older works of literature is a lesson in historical perspective; times were different, and not just slightly, but by leaps and bounds.  The linear nature of lives results in the incremental adaptation by evolutionary subtlety; that was precisely Darwin’s argument — that the metamorphosis reacting to physiological necessity in order to allow for the propagation of any given species, occurs not by genetic alterations involving sudden and drastic earthquakes, but by slow, almost undetectable nuances of change.

That is why there is no “missing link” to discover in the fossils of unrecorded history; the preservation of ancestry occurs by revealing closeness to modern kin, and the farther in time we discover, the greater the alienation of apparent relationship. Rarely does an anomaly of nature survive, for such mistakes test the forces of survivability; mutants are thus fodder for science fiction and stories about lost civilizations and catastrophic survivors of devastated ambience.  Dystopia is popular, as are zombies and mutants, but hardly reflect a reality generating scientific certainty or a foundation to base genetic discoveries for curing medical mysteries.

The aged who complain distressingly of “them good ol’ days”, have the ability and capacity to recognize the stark contrast between the ills of modernity and of the segmentation of remembrances decades ago; the comparison is not between today, yesterday, or even the day before; rather, it is by erasure of multiple middle years that we can realize the drastic alterations heaped upon us.

Thus, the slow boiling of a frog is the metaphor we can relate to; or, in literature depicting an age of innocence, where children played merely for fun, and not for training to be the next great olympian.  No longer can “playing” be for mere amusement and leisure; any and all activity must be measured as against future utility, and recruiters now roam the hallways and gyms — not of colleges or high schools, as one might expect, but — of middle schools and promising elementary classes.  There is, indeed, something drastically different between modernity and that “time before”, when “fun” is no longer allowed or allowable, and childhood, innocence and carefree disregard of world events must be a means to an end, and never a gemstone retaining value in its own right.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition requires consideration for filing a Federal Disability Retirement application with the U.S. Office of Personnel Management, the time of innocence past is like a distant memory difficult to hold onto, but ever often hard to forget.  The days of fun, like lazy summer afternoons spent on elbows supporting nodding chins and flushed cheeks full of promise, are long gone, like distant memories forgotten but for moments of reminiscences over barbecue grills and family get-togethers.  Life is tough being a grown up.

For Federal and Postal employees who must, in addition to the obstacles and pitfalls of daily living and career choices, contend with medical conditions and agency harassment, Postal disciplinary actions and other unwelcoming overtures, filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may be the best choice and option of promising resort.

Staying put, is no longer possible; simply walking away, is a fool’s act.  Filing for OPM Disability Retirement is the wisest road to a tomorrow which promises a different phase.  These are no longer days of fun, and the training we received is to be applied by revealing growth, maturity and wisdom through our actions of pragmatic fortitude.  And like the crystal ball which children use as marbles in play, looking into one as a device for future insight spoils the fun of it all.

Sincerely,

Robert R. McGill, Esquire