Federal Employee Disability Retirement: Seeking Stability

It is what gives us hope and a sense of self-confidence: Stability.  How we seek it out; what is needed to maintain it; what satisfies the criteria for each individual; these are the questions that compel each of us in seeking stability.  Stability may differ for each individual.  For some, it may be satisfied by the certainty of a career.  For others, the requirements may involve family, friends and other relationships — that “internal” sense of stability that allows for greater chaos within the external world.

For Federal employees and U.S. Postal workers who suffer from a medical condition and where that medical condition prevents one from performing the essential elements of one’s Federal or Postal job, seeking stability within the context of an unstable work environment becomes of paramount importance.

Consult with an attorney who specializes in Federal Disability Retirement Law, and stabilize the uncertainties that surround your career which has been impeded and made difficult from a medical condition which is beyond your control.  For, that which is beyond your control is the very foundation of instability, and obtaining a Federal Disability Retirement annuity may be the road’s end in seeking stability.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employee Disability Retirement: The Goal of What?

Goals are important to have.  They provide for a destination point; a place where dreams have been projected unto; the ends for which we strive.

We often live by metaphors, and the one which pervades often encompasses sports and competition, of “goal posts” and “end zones”, of the last second buzzer where the swish of the ball sinks into the netting and the crowd roars in a unison of applause (although, even that has now been taken away with the Coronavirus pandemic); or even of a “finish line” in a marathon or the checkered flag for the fastest car.

It is, in the end, the goal to win, the goal to pass through, the goal to reach.  But what about the road taken, the path traveled, the route that is considered?  What if all of that changes, and the goal itself can no longer be reached without doing harm to one’s self?  Should a quarterback continue to play despite an injury?  Should a runner continue to “press on” despite doing harm to him or herself?  Shouldn’t the goal change in order to accommodate the altering circumstances of an individual’s trek?

The question thus becomes: The goal of what?  Is it worthwhile to reach retirement age if to do so will leave you in a debilitated state?

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 goal may well remain the same: Of retirement.  It may just be necessary to take the retirement a little early by filing for Federal Disability Retirement benefits under FERS.

Consult with a FERS Attorney who specializes in Federal Disability Retirement Law, lest the goal of what becomes too poignant a question such that the goal posts become too far removed and beyond reach.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Conveyor Belt

Some marriages are like that; life, in general, often feels of a like manner; and ultimately the question becomes: How does one get off of it?

The conveyor belt takes an item, a medium or some product along the way on rotating wheels that endlessly spin.  Once on, the entity presumably reaches a destination point, at least in factories or stores that maintain and run them.  But the metaphor of a conveyor belt evokes an image of an infinite quality: once on, unless you are the operator of the system, there is no turning it off.  Some people become involved in relationships that feel like a conveyor belt; others, into divorces where neither party is excited about it, but nevertheless go along with it because there are irreconcilable differences that cannot be resolved.

Medical conditions, too, fit the metaphor of the conveyor belt — for, once a condition appears, it is most certainly merely a symptom of something greater, and the vast conveyor belt of the medical complex — of medication regimens, surgical intervention, therapeutic involvement, etc., all serve to place you upon the conveyor belt of no return.

For Federal employees and U.S. Postal workers who feel like their lives are on a conveyor belt upon which there appears to be no return because of a medical condition that prevents the Federal or Postal worker from performing one or more of the essential elements of his or her Federal or Postal job duties, it may be time to consider getting off from the “conveyor belt” and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Consult with a Federal Disability Attorney who specializes in FERS Disability Retirement Law and consider stopping the conveyor belt that seems to be taking you down a path that is no longer a destination of your choosing.

Sincerely,

Robert R. McGill, Esquire

 

FERS Employee Disability Retirement: Sequential Arrangement

If an individual was about to move into a home or an apartment, but the place needed a fresh coat of paint, would you advise that person to move all of his or her furniture into the place first, then paint the place — or first paint the place, then move in?

The question seems rather redundantly unnecessary, and the answer rather redundantly obvious; but, then, if one doesn’t think about the sequential arrangement of tasks to be accomplished, or even that the person in question simply has had no experience in such matters, perhaps the obvious must be pointed out for its logical consequences.  Clearly, it would make things easier to paint an empty premises as opposed to having the place cluttered with furniture and knick-knacks, exposing everything to paint droppings and just to even consider the logistical nightmare of trying to paint around a cluttered apartment or home full of furniture, etc.

Sequential arrangement is important in most matters — which should be done first; what needs to be accomplished as a preface to the step following, etc.

For Federal and Postal employees contemplating Federal Disability Retirement as an option to pursue, the fact that the forms presented — both the Standard Form 3107 series as well as the SF 3112 series — come in a sequence does NOT mean that you should complete them in the sequence arranged by the Federal Government.  Sequence is important because the information you provide depends upon the previous information you have gathered, and the sequence of such information is important and relevant in preventing any developing inconsistencies.  Just because SF 3107 and SF 3112 come in a neat and tidy packet arranged in a sequential manner does not mean that the sequential arrangement should be followed.

Consult with a FERS Disability Attorney who specializes in Federal Disability Retirement Law and discuss the sequential arrangement of steps to follow that will benefit your particular case, and not the case that can be made against you by the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Disability for Federal and Postal Employees: Comparisons

Does it help to make them?  Do we take comfort in judging the relative plusses and minuses in making comparisons — as in, X has A, B and C, but I have, in addition, D and E, and therefore I am more fortunate that X is.  Or, is it a comparison of one’s conditions, as in: “Boy, at least I don’t have X like Lisa does”, or “At least I am not in Y’s situation”?

To the extent that comparisons remind us of that which we are blessed with, they allow for a certain level of utilitarian value.  But there is a negative side to it: Of jealousy engendered by comparison, or of discontent resulting from making one.  Rousseau, of course, makes that point throughout his “Social Contract” analysis, of the purity of man’s intentions in that fictional state of “nature” that we were once in, but where society’s accretions of materialism created the artificial emotional response of discontent and jealousy.  But compared to what?

It is important to make the fair and correlative comparisons which are relevant — as in “apples to apples” and not “apples to oranges”.  For, it is the uniqueness of each entity, object or situation to be compared with the singularity of another that makes for a proper comparison.

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 inadvisable to compare one’s case to somebody else’s.  For, the proper comparison is not to evaluate one’s medical condition and the severity of one’s medical condition to that of another person’s medical condition; rather, the proper comparison in a Federal Disability Retirement case is to compare one’s medical condition to the essential elements of one’s position.

Thus, comparisons made must always take into account the relevant connections which relate not just in terms of similarities, but as is the case in Federal Disability Retirement Law — in what the law allows for and considers significant.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement for Federal & Postal Employees: The Port

It is the Roman Stoic, Seneca the Younger, who wrote that, “If a man knows not to which port he sails, no wind is favorable”.  It is, in the end, the essence of Stoicism — of living life without complaint and without being impacted by the hardships of the objective world, all the while clinging to a path of virtue unfettered by worldly concerns.  That is why the quote above — of the internal “self” in contrast to the metaphor of the objective world: the winds which guide the ships — encapsulates the essence of the philosophy of Stoicism.

In modernity, it matters little from whence the winds come, for we engineer our own direction through engines and mechanical devices which propel the marine vessel by the power of our own creation.  But of that time when ships relied exclusively upon the breath of gods that blew the winds which filled the sails — it was a time when we relied heavily upon the favor of fate and nature’s appeasement.  Yet, even today, whether by the propulsion of machines invented or reliance upon prayers of guidance, no wind is favorable until and unless a person knows where he or she wants to go.

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 his or her position, it is important to make a determination as to “where” one plans on going before determining the “how” of the approach.  If a medical condition has clearly begun to impact one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal job, then where one must “go” becomes clearer: You cannot continue to stay at the job precisely because the medical condition prevents you from doing so; and so FERS Disability Retirement becomes the option by default.

The next question, then, is the “how”, as in — How does one get from point A to destination B?  Consult with an attorney to discuss the further particulars of your case; for, in the end, whether you believe in the philosophical tenets of Stoicism or not, once you realize the port to which you wish to sail, you need the favorable winds of counsel from an attorney who specializes in Federal Disability Retirement Law in order to help guide the sails of your journey.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Boundaries

We set them for a reason: To prevent future conflicts; to establish clearly when trespasses occur; to allow for the maintenance of compartmentalization in order to preempt overlapping potential conflicts; to teach societal conventions in a safe, artificial context; to demarcate the lines of acceptable behavior, etc.

Boundaries are set in law, in conventions, in neighborhoods, communities, nations and continents. Remember when we learned in Geography Class about the various countries and their disputed boundaries?  Or of early lessons where we were told not to cross the street unless a school safety guard bade us forward?  And what of mental boundaries — of not answering the phone after a certain hour; of boundaries that prevent us from working ourselves to death; of not responding to emails after “work hours” (is there such an animal, anymore?), etc.

And those subtle boundaries we all seem to learn — of conventional behaviors acceptable in society, including invisible ones of “personal space”, of declarations in public both allowable and prohibited; and even of eye contact, how much is offensive, to what extent a “look” becomes a “stare”, etc.

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 may be time to cross the boundaries into considering filing for Federal Disability Retirement.  Medical conditions themselves have no boundaries, know no boundaries and respect no boundaries.  It becomes all pervasive — crossing into one’s personal life, and disrupting one’s career and work life.

Consult with an attorney who specializes in Federal Disability Retirement Law and consider re-establishing those important boundaries that keep in place the lines of sanity necessary for one’s own health.

Sincerely,

Robert R. McGill, Esquire