Medical Retirement for Federal Employees: A breach of instinct

What if? that fragile balance that exists in nature, seen when squirrels scrounge about in search of roots and nuts, moving within the tranquil space besides cardinals, woodpeckers, rabbits and robins abounding when, suddenly, birds attack the rabbits and squirrels, and in turn, the rabbits and squirrels chase one another and attempt to catch and devour the birds, and the mayhem that follows goes on for an unceasing eternity.

Of course, such a scene is not “nature” in its nakedness, but a scene from a suburban backyard, whereas in the true “state of nature”, in the distant woodlands not easily traversed by the human eye (are there such places, anymore?), such scenes of predatory confrontation held by a tentative and tacit agreement of abeyance may occur daily. Or, in those National Geographic scenes, where there is a quietude of implied ceasefire in birds standing atop the backs of hippos and rhinos pecking away calmly at whatever delectable insects abound, and their sturdy underlings happily go about their business – what if, suddenly, the hippo or rhino turns around and with a swift lunge of its massive neck, grabs that bird and devours it whole?

Was there a breach of an implied or tacit agreement, a breach of instinct, or both? When such “agreements” develop within a slow, steady and evolutionary process, over a period of time imperceptible but for the peace and tranquility it creates, and everyone is perfectly content with the circumstances ensconced by tradition and the state of current affairs, what leads to the breach, what are the consequences and is there blame to be spread about?

What if a rogue animal one day just declares to itself, “The hell with this; I was never a party to this agreement, and so I shall do as I please” – what then? Is it not true that no true “breach” has been committed, as the parties were never official signatories to the agreement, explicit, implicit, tacit or otherwise? Who determines that there ever existed such an agreement, anyway, and where is it written in the “rules of order” that certain sequence of decorum must be followed?

That is, of course, the crux of the matter; for, what is the retort of those who have no ethical or moral compass, but to sneer with the declarative, “Show me where it is written!”

For Federal employees and U.S. Postal workers who are preparing to file for Federal Disability Retirement benefits because of a medical condition that prevents the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal job, the presumption is that tacit or implied standards of conduct is often tested at the outset, both by the Federal agency or Postal Service, and even by OPM.

You rely upon the rules, but the Agency may completely ignore them. If you are a Postal employee, this is to be expected.

Yes, there are laws, but so long as silence governs the assertion of rights denied, a breach of instinct becomes the rule of law and the depiction by Locke and Rousseau of that “State of Nature” devolving into a “State of War” can become a contentious state of affairs unless, in the very process of preparing, formulating and filing for Federal Disability Retirement benefits, the Federal or Postal Disability Retirement applicant asserts the legal precedents controlling and constraining the fragile balance that restrains a breach of instinct.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Knowing where to stop

In life, it is often just as important in knowing where one is going, as it is to recognizing where to stop.  We all know the individual with “a mission” – always self-confident, never tentative, and rarely pausing to catch one’s breath except to regain one’s composure before blindly forging ahead with uninterrupted fortitude and resolve.  Military men and women are like that; born leaders and megalomaniacs follow suit; and only the timid bear the brunt of being pushed aside and trampled upon.  Overreaching is a problem in a society that knows only excess and limitless pleasure.  In the midst of being human, we forget our own humanity.

In the history of Philosophy, Rationalism has been usurped by Idealism; the latter, superseded by the reality of human depravity, and science the victor in the tension between theology and pragmatism.  In the end, Darwinian declarations of equality among the species have come to prevail, and in the post-Existential era of seeking merely pleasure above purpose, and the more modern parlance of embracing the “Happiness Principle” – where one’s minute-by-second assessment of one’s emotional quotient has trumped obligation, duty, convention and rational essence of an Aristotelian definition of Man – we now have no boundaries, no social conventions of constraints, and so long as we can avoid violating the basic laws that govern our society, we can do what we want.

In such a state, society and civilization, how can we know where to stop?  If everything is okay to do, how do we determine that which may harm ourselves, or otherwise breach the boundaries of decency and what it means to be human?  If all species are of equal value, then what worth is there in having humanity?  How do we know where to stop?  This applies, as well, for Federal employees and U.S. Postal workers who are preparing a Federal Disability Retirement application, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset.

Often not knowing all the current laws that govern Federal Disability Retirement Law, the initiating applicant will proceed forth and barrel ahead like Military men and women and born leaders, without first consulting a lawyer who is knowledgeable about OPM Disability Retirement Law.  For, never underestimate the underlying principles behind questions posed on a Federal Disability Retirement application – especially as it relates to one’s medical condition and the impact upon one’s ability and capacity to perform the essential elements of one’s official position.

SF 3112A can be a landmine of sorts, and while it is well and good to proceed in a forthright and affirmative manner, it is equally as important in knowing where to stop, as it is in realizing the direction the Federal or Postal employee must go in order to file an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Pursuing the Daily Divide

The bifurcation of our lives is a habit of accepted normative behavior; for most, it is the simple divide between one’s personal life and professional endeavors; then, there are sub-categories of complicated spectrums, where criminal activity is pigeonholed from a daytime semblance of respectability, or deviant behavior is concealed from one’s reputation and facade of societal refinement.  Those separations make for ease of transition, or used to.

More and more, in modernity, the dividing lines have become obscured; work is performed from home, and personal, more private affairs are discussed and disseminated in the workplace.  The great equalizer of the daily divide is a medical condition.  For, when one leaves one’s home, you cannot leave behind the condition and pursue your professional life untouched; instead, because a medical condition is pervasive, remains with one until cured or kept in control or concealment, the stigma of the condition remains throughout.

For the Federal employee and the U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s positional duties at the Federal agency or the U.S. Postal Service, it becomes apparent quite quickly as to whether one can maintain the daily divide, to what extent, and whether effectively or not.

Federal agencies and the U.S. Postal Service have little room for patience, and less space for empathy or an accommodating outlook (used in a general sense, as opposed to the term of art which “accommodation” implies in the legal field of OPM Disability Retirement).  It becomes apparent quite quickly that the daily divide — of separating one’s personal life from the pursuit of professional endeavors — cannot be maintained, and it is time to divide the daily divide by preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Life is rarely a neatly-packaged ordeal, and the many years that we were able to fool ourselves into thinking that the daily divide would allow for an undisturbed bifurcation between the two universes, reveals the fragile nature of our own creations of artifices that remain shaky in their very foundations.

Filing for Federal Disability Retirement benefits is often the approach of a pragmatist; the divide between one’s professional endeavors and one’s personal life was never anything but a cognitive dualism concocted by clever cheats; life was, and remains, the bundle of complexities entangled in the web of unpredictable mysteries, as is the human being.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Consequence of Indecision

Why is it that some are able to make thoughtful decisions within a relatively short span of time, while others are paralyzed by indecision?  Is it purely a reflection of that — of “thoughtfulness” as opposed to lack of thought?  Or, perhaps because some have already predetermined the applicable criteria which is immediately instituted, like placing a window frame upon a hole in the wall, thereby capturing the stillness of scenery ensconced in a timeless warp of alternative displays?  Is it important to have set up a “criteria” upon which characteristic distinctions can be made, separated, identified, then dissected for evaluative reduction such that the proverbial chaff can be separated from the wheat?

Recognition that some decisions are based purely upon appetitive criteria — such as choosing a meal from a menu — as opposed to selecting a college to study at, a career to enter, a job opportunity to consider; what is the applicable criteria to help frame the issues to be questioned, inquired into, resolved?  And where do values come in — belief systems, what one holds dear, whether there are normative cultural pressures to consider, and the moral caveat which precedes the judgment of friends, family and relatives?

For Federal employees and U.S. Postal workers who suffer from a medical condition, at what point does the Federal or Postal employee consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management?  is it when you finally drop dead?  Is it when you become so debilitated that you cannot make it into the office any longer?  Do you destroy your body, soul and psyche in order to prove a point of loyalty?

Fortunately, the law itself helps to frame the decision-making process.  As OPM Disability Retirement requires that certain age and time in-service criteria be met, and further, that the Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s positional duties,  some of the work necessary to “make a decision” has already been initiated in an “objective” manner.

In the end, however, even the child who first enters an ice cream shop and realizes that the world is not bifurcated into simplistic binary systems of “either-or”, but presents a multitude of endless summers of nuanced pathways to ecstatic completion, who must ultimately point to, and choose, between alternative compasses which will navigate one into the future of one’s contentedness, or dark chasms of dismay.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Upon the Altar of Work

They are structures where sacrifices or worship occur.  Not being mutually exclusive, the former can represent the act of the latter, and the latter can constitute the fulfillment of the former.  And while we, in modernity, think of ourselves as sophisticated and beyond the vestiges of former practices of superstition and unscientific religiosity, an objective view of our actions betray the ongoing reliance upon past residues of robotic constancies.

Of course we have to make a living; of course we have to support our families.  But at what cost, and to whom do we owe our allegiance?

For Federal employees and U.S. Postal workers who sacrifice themselves at the altar of work, when medical conditions begin to clearly impact, deteriorate, denigrate and destroy the body, mind and soul of the Federal and Postal worker, then it is time to consider 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.

As most Federal and Postal employees are under FERS, the minimum eligibility requirement is to have at least 18 months of Federal Service.  Once that threshold is met, then the question is one of having the proper support from one’s treating doctor, psychiatrist, Nurse Practitioner, etc.  The true test for a Federal Disability Retirement application will be in establishing the nexus between one’s medical condition and the positional duties of one’s official job, as reflected on SF 50 (Federal employees) or PS Form 50 (Postal employees).

Ultimately, when the altar of work becomes more than a means of support, and harkens back to the days of yore where sacrifice and worship intersected to pay tribute to the gods of the underworld, it is time to consider the alternatives available, and for Federal and Postal employees, that should always include the possibility of filing for Federal Disability Retirement benefits through OPM.

Sincerely,

Robert R. McGill, Esquire