Tag Archives: federal disabled employee adverse actions

Federal Disability Retirement: The Strange Mixture

It is, indeed, strange.  What is it about Man — neither can he run as fast as other animals; nor does he have the brute strength to dominate the other; but he has the cunning to lay traps, to create diversions, and to possess the strange mixture of God and Brute.  It is that strange mixture which makes for uniqueness — of never a pure predator, for empathy and kindness can make him pause before hunger (or greed) leads to extinction of another species.

We have created civilizations which span the earth and beyond, and in the process, have destroyed the fern and fauna necessary for the survival of other species; and yet, we pause with regret, and make some feeble attempts to preserve and conserve.  We are a strange admixture — of brash and self-doubt, of the exclamation point, and the comma to pause.

For Federal employees and U.S. Postal workers who suffer from a debilitating 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, that strange mixture is the chemical balance which compels survival, and preparing, formulating and filing for Federal Disability Retirement benefits under FERS is what will result in the aggressive, dominant side of you to get through this bureaucratic conundrum of the U.S. Office of Personnel Management, under FERS.

Contact a Federal Attorney who specializes in Federal Disability Retirement Law and see whether or not preparing, formulating and filing an effective Federal Disability Retirement application under FERS, to be submitted to the U.S. Office of Personnel Management, may endeavor you to fulfill the promise of potentiality residing in the strange admixture of God and Brute.

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 Employees Retirement System (FERS) Disability Law: The Novelty Vanished

As it should be, for a child, everything is viewed in terms of, “Wow!”  The novelty of life, of the experiences brought about by a world freshly encountered — like winter’s first snow or the dawn of spring’s warmth, it is the combined meeting of a world newly seen by the eyes of youth yet untarnished and without the destructive force of cynicism which accounts for curiosity, eagerness, innocence, unvanquished optimism and hopeful initiation of plans for a bright future.

That novelty vanished — and vanquished, extinguished and beaten down — comes from repeated encounters with a world which shows no care or concern.  It is when life’s complications keep knocking us down; that is when the novelty vanished.

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 novelty vanished comes about from a combination of events: The critical juncture where the medical conditions become chronic and restrictive; the Agency’s or the Postal Service’s unsupportive attitude; the steady exhaustion of one’s sick leave; the potential of being put on a Performance Improvement Plan; the likelihood of being terminated; the administrative sanction of being placed on AWOL status; the refusal to allow for LWOP; and it is the combination of any or all of these factors which results in the Federal employee shaking his or her head and saying, “Wow” — but not with a sense of wonderment, but because the novelty has vanished.

It is time to file, then, for Federal Disability Retirement benefits under FERS.

Contact a Federal Attorney who specializes in Federal Disability Retirement Law, and try and win back that time when the first snow of winter stunned you, the first breeze of spring refreshed, and the world could again be described with a singular encapsulation of a word exclaimed: Wow!

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.

 

OPM Medical Retirement for Federal Government Employees: On Hold

It is a frustrating time; that moment when you have finally reached a “real person”, and the voice quickly says, “Let me put you on hold for a moment” — and the sudden silence which ensues, or the supposedly uplifting background music that blares.  “But I —” you attempt to quickly interject; but the finger punching the button for “hold” is quicker than the “but” with which your voice tries to override, and the further frustration is again postponed as you wait silently in growing rage.

Or of a career “on hold”; or one’s life in general.

Much of being placed on hold is because of circumstances beyond your control; for, contingencies rely upon the actions of third parties, and until the dependent clauses are satisfied, movement of the primary sentence structure must remain in place, lest the comma that encircles the dependent clause fails to complete the thought that follows.

For Federal and Postal employees who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing all of the essential elements of one’s Federal or Postal job, the feeling of being placed “on hold” is a familiar one: Medical conditions tend to do that.  It places one in suspended animation, not allowing you to move forward with your life until there is some resolution.

Consult with an attorney who specializes in Federal Disability Retirement Law, and consider whether or not filing and obtaining a Federal Medical Retirement annuity might be the best next course of action in order to move on with your life and get beyond the “on hold” status of your present situation.

Sincerely,

Robert R. McGill, Esquire

 

FERS Employees with Disabilities: Implicit and Explicit

Say a person is playing golf, hits the ball badly and yells out loudly, “Fore!”  In his mind, however, the individual has the word spelled wrongly — say, as “Four” or “For”, or any number of alternative ways.  When first heard, he had thought that it was spelled in the commonplace, conventional way.  Does it matter?  Doesn’t the fact that homophones exist become an issue of “right” or “wrong” only if the implicit clashes with the explicit? (What a terribly and awkwardly stated question).

Homophones not only “sound” the same, but may also be spelled differently.  They are in the “family” of homonyms because they sound alike but have different meanings; similarly, there are words that also sound the same, are spelled the same, but have different meanings, as in: “She rose from her seated position to smell the rose.”  Here again, what if the person repeated the sentence but thought that the first “rose” was somehow referring to the flower while the second rose concerned the manner of posture (if such transfer of meanings is even possible) — would it make a difference?

The “implicit” world of understanding encapsulates the privacy of our insular world; the “explicit” brings forth and unveils that previously-unrevealed universe, and tests it against the objective world of contending ideas.  It is somewhat akin to pain — that subjective phenomena which may or may not be capable of being ascertained, verified or confirmed by diagnostic testing or reactive muscle spasms.

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 becomes necessary to make the “implicit” explicit in order to qualify for Federal Disability Retirement benefits.  Gathering the necessary information in order to formulate properly one’s Federal Disability Retirement case is to make explicit that which may have remained deliberately implicit.

That is where consultation with an experienced attorney who specializes in Federal Disability Retirement Law becomes crucial in properly making explicit that which remained implicit, in order to “test” the viability of a very private and confidential matter.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement System under FERS or CSRS: The footnote

Who reads them, anymore?  Defined as an ancillary or corollary piece of information beyond that which is stated in the body of the main text, the footnote represents that which reflects an addendum and not something that is considered “required reading”, but more likely for the benefit of those who enjoy quixotic minutiae and esoteric details of irrelevant import.*  As referenced in history, one who is relegated to the afterthought failed to reach the first order of things, and their lack of relevance is reflected by banishment to the bottom of the page.

Before computers were invented, long before the notion of “cut and paste” defined the laziness of intellectual prowess, the writer had to engage in prescient forethought, and calculate by measured deliberation the space to leave, the length of the footnote, and whether there was enough white-out left in the crusted bottle to make up for any lack of proper preparation.

The pretentiousness of the pseudo-intellectual, of course, was to have footnotes of greater length than the body of the text itself, spanning multiple pages so that the reader would become confused as to what constituted relevance in contrast to signification of purpose, where some pages barely had a sentence with but a horizontal mark demarcating the onerous esoterica of erudite irrelevancy.  And the worst, of course, is when a teacher or professor would ask a test question based upon one; for, again, the common refrain was twofold:  Who reads them?  Were we required to read them?  And the scoffing retort from the test-giver — that god amongst gods who held grades, fate and future plans in the palm of a single hand: If it was in the assigned material, it was “required reading”.

Much later, of course, we came to realize that “it was really good for us to read them” (though we never really believed such inane confessions), or to our own children, “When I was your age, and computers weren’t yet invented…” (with but a reactive facial expression beyond capacity to translate).  In the end (literally and figuratively), we all realize that the footnote itself represents mere distractions upon an otherwise ordered pagination of an author’s meanderings, and for ourselves, that they reflect a metaphor of who we are.

Most of us are treated as mere footnotes, left unnoticed, disregarded except for occasional reference by accident or happenstance.  For the Federal employee or U.S. Postal worker who has come to a point in his or her career, where a medical condition has progressed to a deteriorating consensus of requiring an alternative plan of action, being treated as a footnote within a subtext of irrelevancy amongst a sea of bureaucratic inefficiency, is likely a feeling of growing concern.

As footnotes are deliberately disregarded, so the majority of people are like those masses of addendum relegated to unnoticed details of sub-citizenship.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management will often elevate one’s status and stature for a time, if only because the Agency or U.S. Postal Service is suddenly forced to read the footnote, and take notice of the subtext; but beyond that, it is the medical condition itself which relegates the Federal or Postal employee to that numbering at the bottom of the page and left to irrelevancy, precisely because you are not one of the “productive” ones.

How does one force the “outside world” to “read” you?

In the end, there is life beyond a career with the Federal Agency or the U.S. Postal Service, and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is merely a first step in getting beyond being relegated to a mere footnote.

As with those generals who served alongside Eisenhower, Grant, Lee and forgotten Roman centurions, most of us are mere footnotes, and glad of it for the unnoticed joys we can embrace in the anonymity of our privacy, and for the Federal or Postal worker who wants to get beyond the notoriety accompanying that unwanted attention for merely having a medical condition — and thus temporarily assigned to the body of the “main text” for being a nuisance — preparing, formulating and filing an effective Federal Disability Retirement application with OPM is often the first step towards asserting one’s rights to getting back to the footnote of time and timelessness, where most of us want to remain, in the cocoon of irrelevancy and historical afterthoughts.

 


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*Footnote 1:  Just to make sure; otherwise, refer to page 3,275 herein, where you will be required to obtain a special password and key in order to access a pseudo-intellectual forum of erudition within an ivory tower of confounding thoughts, for further reference to important commentaries otherwise pretentiously inserted in order to appear intelligently cogent.

 

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Employee Medical Separation: The abstract concept of “the other”

Existentialism could only have arisen from the ashes of nihilism; Western Philosophy, spanning the spectrum of metaphysics, epistemology, Rationalism, Empiricism and the tradition of questioning origins, essences and the compendium of who we are and what it all means, does not lead to the natural annihilation of intellectual curiosity.  But Existentialism, does.  Why?  Because Existentialism is an emotional reaction, rather than a rational rebuttal.

From the horrors of Nazi concentration camps and the denigration of human dignity reduced to mere abstractions, the philosophy of negation of which it is characterized, is more of a “sense” approach than a logical methodology of comprehension and understanding.  Thus, while traditional philosophy was always denoted by a curiosity towards abstraction, Existentialism was pulled back by a retractive revulsion because of the alienating impact of conceptualization.

That is why the most powerful explication of the philosophy of Existentialism is found in a novel by Camus (reference, The Stranger or The Plague), and not in reading Sartre’s meandering explanation (Being and Nothingness) of a confused attempt to systematize the emotive side of man.  Thus, in reading Camus, one gets the “sense” of separation, abandonment, distance and alienation of man from the community of others; whereas, in reading the traditional philosophical works — take any page from Plato, Aristotle or the Medievals — one enters an universe of order, systematized approach, and methodological rationalization emanating from curiosity and questioning.

The two approaches, however, are not unrelated; for, it is precisely because of the traditional training of discussing concepts in abstract form (and thereby separating the thought-process from human touch and interaction) that disregarding the humanity of a living being could be achieved.  In more provincial terms, it is easier to be cruel to a concept, than to one’s own child or spouse.  And, indeed, that is how we survive in advancing our purposive actions of harassment and sheer meanness; by objectifying “the other”, we can bifurcate our minds and categorize the subject into something less.

Supervisors do it to workers and underlings; no longer is the worker a fellow human being, but “that ## % !!”.

For Federal Government employees and U.S. Postal Service workers who are contemplating filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the lessons learned and gleaned from the reactive lens of Existentialism may be twofold:  First, don’t expect sympathy from the Federal Agency or the U.S. Postal Service because you have a medical condition (that, unfortunately, is probably self-evident and a “given” already), and Second, do not expect cooperation or efficiency to suddenly prevail when engaging the Federal Agency or the U.S. Postal Service, merely because the need to obtain Federal OPM Disability Retirement should in and of itself touch a sense of empathy.

In neither case will a positive response be evoked.

Ultimately, the bureaucratic process of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under the FERS or CSRS retirement system, is a surreal experience, and one in which the sense of alienation felt by Existentialism is encountered throughout.  That is because, in the end, the Federal or Postal applicant in a Federal Disability Retirement case is none other than a mere “other”, and no more than an abstraction to be gotten rid of, like the distraction you became when once you were no longer fully productive on the assembly line of life’s refuse of illegitimacy.

Sincerely,

Robert R. McGill, Esquire