Federal Disability Retirement: Vows and Contracts

People take vows for various reasons: vows of silence, as a satisfaction of a prerequisite for initiation into a religious order; vows of marriage, for the union intended for a lifetime of commitment and self-sacrifice; vows of revenge, for a personal vendetta in retribution for actions suffered against one’s self or on behalf of another; and similar vows of unremitting focus until the satisfaction of such enduring commitment is accomplished.  Similarly, contracts are entered into each day, across the globe, between individuals, corporate entities and groups formed specifically for business and personal reasons.

Is there a difference between a “vow” and a “contract“?  On a superficial level, the former is viewed as a “higher order” semblance of the latter.  In a deeper sense, that is not only true, but all the more so — or, in erudite form, a fortiori.  For, to vow is to give of one’s self in totality of being; it is a gift of one’s self, often without any expectation of a similar receiving.

In contract law, of course, it is precisely the comparative analysis of a “consideration” provided and received, which determines the viability and sustainability of the agreement itself.  Far too often, Federal and Postal employees see their commitment to an agency or the U.S. Postal Service as a “vow” in employment, as opposed to a contract freely entered into, and just as freely abrogated when the need arises. This is seen when a Federal or Postal employee suffers from a medical condition and must consider the need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS.

The Federal or Postal employee treats the job as one of a “vow”, as if the significance of clinging on to the position is of greater importance than the detriment manifested to one’s health.  Federal Disability Retirement benefits, offered to all Federal and Postal employees under FERS or CSRS, is merely a contractual annuity accorded based upon the status of the individual as a Federal or Postal employee, and further proven by a preponderance of the evidence.  No vows have been exchanged — neither of the silent type, implicit, nor explicit, and certainly not of an unequivocal or unremitting nature.

Contractual terms are meant to be asserted; and one of the provisions of the “contract” for all Federal and Postal employees, is that when the Federal or Postal employee suffers 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 the Federal or Postal job, then eligibility for Federal Disability benefits may be invoked.

To accept a contractual provision is never to take advantage of anything, unfairly or otherwise; rather, it is merely a satisfaction of terms. To do otherwise, and to confuse X as Y, as in mistaking a contract for a vow, is merely to bathe in a puddle of muddle-headed thinking.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Of Knights, Integrity and Betrayal

Perhaps they are arcane and archaic concepts of feudal vestiges and residues of a time past, when the world was comprised of simple and simplistic codes of conduct; and of a world long declining, such surviving stewards adhering to outmoded manners will ultimately pay the price of extinction.  In a fast-paced world of changing circumstances, where the linguistic gymnast can contort truth into falsity and vice versa, integrity is merely a power move, and those who can get along without it can live with the betrayal of others and self, without consequences.

Federal and Postal Workers who suffer from a medical condition, and are shoved aside as mere objects of derision, experience a heightened sense of integrity violated and betrayal encountered.  It is often at the expense of their health that work was considered paramount and principled; and so long as production quotas and the mission of the agency was promoted, the smooth smiles of superiors and supervisors oiled the way for a seemingly bright future.  But medical conditions have an insidious character; they can be concealed for a time, but will ultimately manifest themselves in alternative ways of revelatory revulsions.  Hiding a medical condition only increases the stress; stress in turn exacerbates the primary medical condition.

For the Federal or Postal Workers who thought that unwavering fealty to an agency or the U.S. Postal Service would be rewarded by a similar response when a medical condition begins to impact one’s ability to perform the essential elements of one’s job, the surprise, hurt, and betrayal felt is often of devastating effect.

The option of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal Worker is under FERS or CSRS, is one which should always be considered as the singular viable alternative to act upon. Yes, integrity violated often tempts one to react against the agency; and, yes, betrayal should have a consequence. But knights and codes of valor are left to literary enjoyments of a bygone era; and we must always keep in mind of the story of that famous knight who fought bravely, only to find that they were merely windmills rotating in circles of futility.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Workers: The Loyal Mascot

Mascots are loyal by definition.  As they symbolize the team, organization, group or particular population as a representative spokesperson, any conduct of disloyalty would be considered anathema to the entity.  The converse concept, of course, is rarely investigated, but should also “by definition” be true: the organization or entity should remain loyal to the mascot through whom the representative reputation is upheld.  However, when the symbol of the mascot no longer serves the purposes of the entity, the appearance may be altered; a wholesale exchange for another symbol may be entertained; or perhaps the very need for the mascot may be scrapped.

For the Federal or Postal Worker who has sacrificed a good part of his or her life to the advancement of “the mission” of the agency, the feeling of being a mascot is often an effervescent quality.  Missions and causes are meant to be motivational focal points; a foundational rationale greater than one’s own lifetime of incrementally monotonous trivialities will provide a sense of purpose and destiny.

Such effervescence of feelings, however, can suddenly end, when an intersection of one’s destiny is interrupted by a medical condition.  For, it is precisely the harshness of a medical condition which suddenly awakens the soul, and contrasts those things once thought to be important, against the being-ness of mortality.  For Federal and Postal Workers who suffer from a medical condition, where the medical condition suddenly impedes the Federal or Postal Worker’s ability and capacity to further “the mission” of the agency, contemplation in filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS, should always remain a viable option.

It is unfortunately a time when being the mascot for the agency may need to end.  The failure of effectiveness may result in the agency taking steps to terminate “the mascot”; but before that occurs, it may be better to take hold of the reigns of destiny, and begin the process of securing one’s future without regard to what the agency may or may not do.  Loyalty is supposed to be a bilateral venue of concerns, but is almost always to the benefit of the larger organization at the expense of the individual.

Filing for Federal Disability Retirement benefits allows for the Federal or Postal Worker to consider the future and to leave the days of symbolism behind.  As medical conditions awaken the prioritization of life’s elements, so filing for Federal Disability Retirement is often the first step in recognizing that the days of the mascot may be over, and to come out from behind the symbolism to step into the fresh air of life.

Sincerely,

Robert R. McGill, Esquire

OPM FERS/CSRS Disability Retirement: Until Sickness, Death or Getting Fat

It was once that marriage vows were viewed as sacrosanct; inviolable promises made, endured through hardship, bilaterally seen as a partnership made in heaven.

Then, of course, “no fault” divorces became the fashion; fashion itself (or lack thereof) was a grounds for de-coupling or un-coupling (it is difficult to keep up with the modern vernacular and introduction of new-age language); and so people began to “drift apart” and expunge from such eternal vows undesirable concepts such as “death” or “sickness” (for, as marriage ceremonies are supposed to be “happy” occasions, why insert such negative vibes into the mix?), but implicitly left in the ultimate ground and justification: getting fat (or old, or ugly).

A parallel approach is often taken in the employment arena: your loyalty is expected, but if you fail to produce, you can be terminated.  Whether such pervasive attitudes become commonplace because of the “throw-away” nature of goods purchased and items sold in the universe of commerce, is for social anthropologists to debate; the fact is, the issue can be viewed from both sides: from the employer’s perspective, too many employees jump ship soon after being trained and invested, seeking other opportunities and offers.

But that leaves us in the state of our being and choosing: both in family life and in careers, the fickle and unsteady nature of either reflects the very society in which we participate.

Businesses are rarely run like families — or, perhaps a truer statement these days is that, yes, they are run exactly like families, and quick divorces for the most spurious of reasons are sought and attained.  For the Federal and Postal Worker who finds him/herself with a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, there is a price to pay for being a part of such a fickle system.

Federal employment is merely a microcosm of the greater system of employment encompassing Federal, State and private-sector economies; loyalty is no more precious in one sector than another.

From the Federal or Postal employee’s perspective, Federal Disability Retirement benefits must be an option which should be considered when a medical condition begins to impact one’s ability to perform all of the essential elements of one’s job.  From the Federal agency’s perspective, Federal Disability Retirement should be viewed as part of the larger promise of Federal employment benefits contractually offered, and when one partakes of accessing the promise, there should not be any grumbling, complaining, or retribution and retaliatory measures invoked.

But somehow, reality rarely follows the path of rationality.  As such, just as in messy divorces and other venues of uncoupling, one should always be cautious in whom to confide in, what to say, and when to reveal.  Federal Disability Retirement is a benefit accorded to all Federal and Postal employees, whether the Federal or Postal employee is under FERS or CSRS, and is sought and obtained through the U.S. Office of Personnel Management.

While not as sacrosanct as marriage vows of yore, it is also not as fickle or easy to get because one has gained a little weight over the years. As such, any such attempt to file for OPM Disability Retirement benefits should be taken seriously and with deliberate care; sort of like what one should do before heading off to Las Vegas for a quick coupling, or uncoupling, whichever the case may be.

Sincerely,

Robert R. McGill, Esquire

Federal Gov. and USPS Disability Retirement: Causes

They can involve actions which result in intended results, or otherwise unintended consequences; or, used in a different way, it may involve a belief or principle, deeply held and fervently committed to, as the impetus and foundation for social or political action.  Focus upon “the cause” can be taken to mean a number of things; as in, “Does it benefit the cause?” or, “What was the cause of X?” Used in the former sense, it can lead to blind loyalty to the detriment of one’s own well-being; in the latter, undue focus upon the origin of X can lead one astray, as well.

For the Federal or Postal employee who suffers from a medical condition, such that the medical condition has impacted one’s ability to perform all of the essential elements of one’s job, the issue of “the cause” should be a limited one.

If used in the sense of a principle or deeply-held belief, it can result in an irrational obstacle by pursuing “the cause” as in a need to stay the course, to blindly commit to a false sense of loyalty in order to further the mission of the Federal agency or U.S. Postal Service, at the expense of one’s own health and well-being.

If applied in the more prominent sense of the term — one of causality, fault, origin or resulting-consequences, etc., then it becomes an irrelevant issue. For, unlike Federal Worker’s Comp cases, causality of a medical condition, injury, or medical disability, does not play a role in determining one’s eligibility status in a Federal Disability Retirement application.

For all Federal and Postal Workers, whether one is under FERS or CSRS, preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, must always contend with the former sense of the term, and never the latter.

It is that false sense of being “committed to the cause” which is often the greatest obstacle in considering filing for Federal Disability Retirement benefits, and not the inapplicable usage of “cause” as in the origin of one’s medical condition, which remains the pervasive stumbling block for Federal and Postal employees.  For, in the end, it is not merely a matter of a linguistic exercise; it is not just whether a person uses or applies a given word properly in the grammatical sense, which has a lasting impact upon individual lives and greater social orders.

We have spouses to correct us if we misuse a word; but when it comes to having a medical condition impacting our ability to continue on in our chosen vocations, a misuse of a word here and there is an inconsequential blunder; what really matters is to have a true and balanced perspective on the important priorities in our lives.

Sincerely,

Robert R. McGill, Esquire

OPM FERS/CSRS Disability Retirement: To Whom Do We Owe Our Allegiance?

Whether allegiances are formed by a natural predisposition to an innate need to “belong”; or, as human beings are essentially social animals with a historical essence embracing a herd-mentality, it is a natural component within the personality, characteristic, and in-born psyche of our society that we crave a macro-personality above and beyond the micro-being of our individualism.

We give our allegiances freely, without thought, and with nary a price to be paid.  It happens naturally, within the context of our personal lives, our families, friendships, and in the employment arena.  One enters into a position, and before one is even aware of the potential consequences and pitfalls, you are deemed to be part of “that group”, under the mentorship of X, or suspected of surrendering your fealty to a particular management.

For Federal and Postal employees, whether under FERS or CSRS, such unthinking loyalty occurs almost immediately upon entering the Federal sector and workforce.  But one quickly learns that such mindless fealty is a unilateral embracing of an age-old puzzle: of what benefit does one accrue, and how strong is the fealty when tested?

The Federal and Postal worker who suffers from a medical condition, such that the medical condition impacts one’s ability to perform the essential elements of one’s job, quickly finds that “loyalty” to the organization is a unilateral concept, and never bilateral, where the agency owes anything back to the individual Federal or Postal employee.

That is when one begins to ask the question:  To whom, and for what, do I owe such unwavering loyalty?  It is only when this question is asked, that the Federal or Postal employee begins to look out for his or her own best interests.  Federal Disability Retirement benefits are available for those who find that the loyalty once relied upon is merely an empty chasm of broken promises and returned emotional items of defective goods; and the herd which once appeared to protect, is acting suspiciously like a predator in waiting.

For the Federal or Postal Worker, whether under FERS or CSRS, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is not a violation of one’s fealty to the agency; such blind loyalty, one must understand, never existed, except in the creative mind of a bureaucracy which dresses in wolf’s clothing in order to lure one into the trap of self-immolation.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: Dog-like Loyalty

It is of the old adage — of the dog which refuses to bite the hand which feeds him.  It is only the human animal which betrays the adage; but, then, that is part of the point of the saying, and the recognition of the perversity of man.

It is thus not a wonder that Federal and Postal employees who suffer from a medical condition, remain unilaterally loyal to their agencies, despite sufficient evidence to the contrary and which would easily justify acting in a disloyal manner.  Years of toil and doing extra work without asking for anything in return will not result in empathetic treatment by an agency when the Federal or Postal worker requires such extraordinary treatment during a medical crisis; and when the surprised Federal employee becomes aghast at the reactionary irrationality of the agency, those of a cynical nature will often respond, “What did you expect”?

But the adverse nature of how an agency reacts when its employee files for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, is really the flip-side of the same coin:  the Federal or Postal worker acts like the loyal dog; the agency acts like the hand-biting dog.  It is the inherent nature of the complex make-up of the human animal which allows for such contradictory reactions.  Or, perhaps not — it may be just as simple an explanation that there are bad people in the world, and those who expect goodness from human nature will normally be sorely disappointed.

That is why when an agency provides for unexpected level of support during the process of a Federal or Postal Disability Retirement application, we react with such gratitude and surprise because of the exceptional nature of such a response.

One indicator that is fairly reliable, of course, is the wagging of the tail — unless, of course, it is the tail wagging the dog; but that is another adage altogether, for another time.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: The Runt of the Litter

It is interesting watching the behavior and interaction between the runt of a litter and the rest of the “healthy” puppies.  The runt is cast aside; the others, for no apparent reason other than because he is a runt, will focus upon the weakling and mercilessly attack him and take advantage of the vulnerabilities and weak spots.  For the runt’s part, it is a test of endurance and survival, and perhaps it is the very isolation and aggressiveness from others which tests the prospects for survival.

We humans like to think of ourselves as (to paraphrase Shakespeare), far above such animalistic behavior, and closer to the angels of heaven in our demeanor and virtues.  But in engaging the process of preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, from the U.S. Office of Personnel Management, it is clear that we are not far from the “runt-behavior” and the target of Federal agencies and the U.S. Postal Service.

Loyalty and camaraderie prevails on the surface so long as everyone is healthy; once a medical condition is revealed, the behavior of the aggressors manifests to the forefront.  Agencies comprise a collective and organic whole in their behavior and treatment of employees who exhibit a medical condition requiring the filing of a Federal Disability Retirement application.  Once the medical condition becomes apparent, and begins to impact one’s ability/inability to perform the essential elements of one’s job, the test of survival begins.  Empathy, a somewhat human quality, rarely prevails; and laws and rights must be invoked.

Think about it this way:  Do angels need laws to regulate their behavior?  Yet, human beings must have laws, and a vast abundance of them in order to ensure the protection of disabled individuals.  FERS & CSRS Disability Retirement is fortunately a compensatory system which provides some protection for Federal and Postal employees; and it is a system based upon laws — ones which are necessary to protect the runts of the world.

Far from being angels, we are closer than we think to the pack of dogs who wait patiently to see who the next runt is, and which one can be attacked.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Loyalty & the Agency

It is always with repetitive lack of creativity and imagination that one refers back to an animal generically identified as “the dog” when speaking about loyalty and fidelity.  Dogs have an innate capacity for adhering to that virtue, if indeed it is a virtue, to remain loyal despite adversity and mistreatment and maltreatment.  And even when they exhibit a flash of anger or rebelliousness, they quickly feel regret and sorrow for their actions.

Such statements, of course, are generalized and not universally true; for there are some dogs which become vicious or exhibit traits of remorseless aggression; but that characterization fails to fit the human paradigm.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, there is often a dog-like quality with Federal and Postal employees in refusing to proceed with a Federal Disability Retirement application.  Loyalty, fidelity — all in the face of maltreatment by one’s agency — seems to remain a psychological obstacle; as if conceding that one’s medical condition  prevents one from performing one or more of the essential elements of one’s job somehow diminishes the loyalty one has sacrificed for an agency which ultimately could care less than farthing about one’s health, future or well-being of the Federal or Postal employee.

Strike a dog and it will likely look to its master to find out what it did wrong; mistreat the Federal or Postal employee who suffers from a health issue, and [you may fill in the blank] …

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Certainties and Presumptions

Life presents conundrums of certainties and presumptions; the former in order to retain sanity; the latter in order to appear sane.  A certain event is one which is expected to occur because of a natural law, a habitual repetition of reliance, or because the daily routine has engrained it upon our consciousness.  A presumption is a wish for certainty which may not even be rationally-based, but one in which we conclude will likely occur because of past events, contextual probabilities, and a sense that the present should reflect the historicity of the past.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, it is best to establish the strict bifurcation between certainties which are clearly so, and avoid presumptions.

It is certain that Federal Disability Retirement is a process which will likely require multiple stages to obtain; it is certain that the Office of Personnel Management will scrutinize each Federal and Postal employee’s application and find it deficient or inadequate; it is certain that one’s agency will likely be two-faced and feign loyalty and support but act in ways which defy such declarative embracing of the Federal or Postal employee.  Conversely, one should never presume that one’s case is a “slam-dunk”; nor that OPM will make a decision sooner than later; nor that OPM will provide a rationally-based reasoning for denying a case.

Hume and Berkeley aside, we live in a world where cause-and-effect are relied upon, and where the world does not merely depend upon our perceiving it; but certainties should always be tempered with an understanding that Federal Disability Retirement is an administrative process which must be fought for, then protected, and presuming an easy path with any Federal agency is to defy the logic which both Hume and Berkeley took to the extreme.

Sincerely,

Robert R. McGill, Esquire