Tag Archives: federal employment and the best decision for your health

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

 

Federal Disability Retirement: Cognitive Dualism & the Two Incommensurable Paths

Cognitive dualism is the concept that one cannot hold onto two competing and contradictory beliefs while maintaining a life of integrity and consistency. It is tantamount to suffering from a form of intellectual schizophrenia, potentially resulting in dire consequences and paying the price for attempting to force the cohesiveness of two incommensurable paths.

The anxieties which exponentially magnify; the undue stresses which naturally result from attempting to retain the impossible; at some point, the natural divergence of both will force the split, or in modern domestic parlance, determine the “uncoupling” in a nasty divorce of ideas.

For Federal and Postal employees who must contend with the inconsistency of attempting to address a medical condition while at the same time keeping control over one’s employment, such cognitive dualism becomes a harsh reality which is confronted daily. How does one deal with the serious medical issues, which should always be the priority, while at the same time address the impact upon one’s inability to perform all of the essential elements of one’s job?

The two incommensurable paths may come to a crisis point, where both cannot be adequately maintained.  It is at this point that the Federal or Postal Worker must consider the option of Federal Disability Retirement.  For, Federal Disability Retirement benefits are precisely those employment benefits available for the Federal or Postal Worker who finds him/herself in such a situation of cognitive dualism, where two incommensurable paths must necessarily be addressed, and one must be chosen.

The stark reality and the harshness of the choice would be: one’s health, or one’s job. But for Federal and Postal employees, there is a “third” path — that of Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS or CSRS, and filed through the U.S. Office of Personnel Management.

Thus can cognitive dualism be reconciled where two incommensurable paths may seemingly diverge, and allow for a compromise of sorts, by fighting for an approval of a Federal Disability Retirement annuity through the U.S. Office of Personnel Management. Not all paths must split into two, where choices are bifurcated into an either/or; instead, sometimes one must find the hidden path through the grassy knolls less traveled.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement for Federal and USPS Workers: Differences

The weather comes upon us; as a cloudy day dominates, so a sense of darkness and foreboding can impact one’s emotional life; some days are better than others.

In the virtual world of our antiseptic lives, surrounded by such advancement of technology which separates and bifurcates; we think that we are different from other species, and indeed, a comparative analysis can be a potent and foundational argument in establishing the superiority of the human animal, as in, “Can X do Y?” “Can a chimpanzee sketch a rough draft of an architectural phenomenon like the Roman Colosseum?” (Then again, who among us could do that?).  Some would say that the titular character in Camus’ classic novel, The Stranger, Meursault, has it “right” when he attempts to ascribe blame to the heat of the day, the brightness of the sunlight, for his acts if human degeneracy.  Such an explanation is as valid as any that one can give for justifying the murder of another.

Prolonged stress can affect performance levels on jobs that require high levels of focus and concentration

Prolonged stress can affect performance levels on jobs that require high levels of focus and concentration

We tend to desire an intellectualization of our actions which somehow differentiates us from “others”, when in fact the environment impacts us no matter the extent of engagement in placing artificial walls around ourselves.

Medical conditions have a tendency to bring out the humanness in us.  This is because, when a medical condition impacts our lives, it is a final recognition that an invasive malignancy has been able to penetrate the artificial walls we have so carefully constructed, and it reminds us of our fragile, organic essence.  For Federal and Postal Workers who have been impacted by medical conditions, such that the medical condition impacts one’s ability to continue in one’s chosen vocation, an admission of vulnerability and mortality comes to the fore. To counter this, a change of venue is often needed, and is the required prescription in order to push against the fear and loathing which accompanies such an admission.

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, is often the wisest step which the Federal or Postal employee can do.  There are many stories of Federal and Postal Workers who have obtained Federal Disability Retirement benefits, who reflect back and declare that it was the smartest move of their collective lives; but then, when we are stuck in the rut of our antiseptic lives, it is often the most comfortable place to remain, and so we fight against our own self-interest.

And, indeed, in the end, that is all that the prosecutor was seeking for from Meursault — just a word, a deed, a symbol — that he was at least somewhat remorseful.  But Camus would have none of that for his character; only the stark and naked honesty, that he was no different from the surroundings of nature which enveloped him on that fateful day.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: The Old Barn

It sits like an eyesore and can be seen from the main road; dilapidated to some, while bringing warm remembrances of bygone days from real or imagined childhoods.  The edges of the roof have curled upwards, revealing rotting slats and welcoming sunlight, rain and birds to nest where previously it provided shelter for domesticated animals and field mice who took refuge on cold winter nights.

It needs refurbishing.

Strangers who pass by daily on their commute to important jobs, who carry impressive leather briefcases and wear finely knit suits adorned with cufflinks and driving in vehicles which speak in crisp, electronic voices of modernity and technology betraying the rural setting of that aggregate of rotting lumber, sometimes dreamily suggest that perhaps purchasing that tract of land and putting money into fixing up that old barn would be worthwhile.  But such thoughts are fleeting and become quickly overwhelmed by the busyness of the day.

But old barns reflect a metaphor for people who, like the deteriorating structure, need a pause in the middle of the day to consider specialized attention.  And people with medical conditions, especially, require that segregated time and peace.

For Federal and Postal Workers who suffer from a medical condition, such that the medical condition impacts one from being able to fully perform all of the essential elements of one’s job, the feeling that one has merely become an old and dilapidated barn becomes a daily sensation.  Perhaps it is just a new coat of paint, or a more expensive tin roof.  Whatever the needs, people barely give a second glance, except perhaps in moments of guilt-filled but short-lived days.  The old barn always stands alone.  For the Federal or Postal Worker, waiting on others to “refurbish” the old barn is to procrastinate the inevitable.

One must take charge of one’s own destiny.

Filing for OPM Disability Retirement benefits, whether under FERS or CSRS, is often the only and pragmatically viable option for the Federal and Postal Worker.  Like the old barn that sits out in the harsh sun surrounded by imposing structures of modern life, that lonely feeling of being isolated will only grow more poignantly with time, until one day the developers come to tear down the old structure, leaving only a memory of bygone days.

Sincerely,

Robert R. McGill, Esquire

 

Federal Gov. and USPS Disability Retirement: Time Once Lost…

The time we expend ruminating upon future events which fail to occur; or engaging in frivolities beyond needed leisure to restore one’s mind and body; it is when action or inquiry could have answered one’s concerns that such time, once lost, is lost forever.

Some of the effort expended can be justified; certainly, before one can engage in action or inquiry, some time must be used for thoughtful preparation; but to ruminate endlessly in repetitive, circular fashion, is to allow for human frailty to overwhelm that characteristic which should be paramount in our lives:  rationality and the ability to properly reflect, analyze and judge accordingly.

Time has become a commodity of worth beyond mere measurement of the movement of objects; it is limited in scope but demanded far and above the capacity of existent supply.  Technology was meant to ameliorate; but we all know that it has only exponentially robbed us further of this valuable and limited unit.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition impacts one’s personal and professional life, the value of time cannot be emphasized.  Ruminating about one’s condition and the orientation for one’s future will not get one from point A to destination B.

Time is of the essence, and with the bureaucratic headaches and administrative delays compounding the difficulties, both at the agency level as well as with the U.S. Office of Personnel Management, delay only creates to magnify the importance of time, timing, and the measuring of timeliness.

Time expended in fruitless efforts, once lost, is lost forever.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal and Postal Workers: “Why?”


The ability to question is perhaps the highest form of consciousness.  Without it, the next level of any narrative form would cease, and no prompting of a search for an answer will develop.

That is why effective trial work — from persuasive direct examinations to devastating cross-examinations, guided by pointedly-prepared questioning — requires thoughtfulness and contemplated direction.  Some questions, however, become avenues for paralysis.  They may, for a time, help to ease the troubles of one’s soul, but they are ultimately unanswerable ones which cannot be comprehended in the limited universe of one’s mind.

Thus, when a Federal or Postal employee who suffers from a medical condition asks the question,”Why?” — it is legitimate, but one which may not have an adequate answer.  One must instead progress to a more pragmatic question: What to do about it. Where to go from here.  The “why” may need to be left aside, for another time, during a more contemplative period of recuperation.

For Federal and Postal workers, time itself can be a critical factor, and in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, because the bureaucratic process itself is a long and complicated one, it may be of benefit to set aside some questions, and instead focus upon the pragmatic questions which set one upon a path of purposive direction.

The height of man’s consciousness may be the result of evolutionary factors, but the most fundamental of questions should begin with that primitive foundation of all: self-preservation.

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

OPM Federal Disability Retirement: Fiscal and Other Cliffs

The general public is, by and large, rather puzzled by the inability of the Executive and Legislative branches to come to terms with the impending “fiscal cliff” facing the nation, precisely because they face such hard decisions on a microcosmic level on a daily basis.

In representing Federal and Postal employees to obtain Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is clear that the “everyday person” faces tasks and obstacles which require hard decision-making almost on a daily basis.

The surreal world of the Federal Government, where there is never a debt limit, and where the hardest task is determined by the difficulty of reelection, fails to properly recognize and appreciate the daily toil of its own workers.  Proper management at the highest levels of government should be presumed to take place, so that the “field workers” can continue doing their duties.

For the Federal or Postal Worker who has come to a point in his or her life that the positional duties cannot be performed, anymore, the decision to file for Federal Disability Retirement benefits is one which comes with a harsh realization:  one’s chosen career may be effectively over; the camaraderie and interaction with coworkers will cease; the financial security of one’s future will be compromised, etc. But necessity of action results in the making of such decisions, and Federal and Postal employees must, and do, make such decisions on a daily basis.

They face fiscal and other cliffs almost daily; as greater responsibility falls upon those in higher echelons, it is a puzzle why there is a cliff at all.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: Social Isolation

Federal and Postal employees who contemplate filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, often feel a profound sense of isolation.

First, of course, the agency itself has a tendency to treat the medically disabled Federal or Postal employee as a pariah; that, somehow, suffering from a medical condition is within the control of the sufferer.

Then, if the agency is informed of the very intent to file for Federal Disability Retirement benefits, then certain consequential actions often follow:  a PIP may be imposed; leave restrictions may be enforced; an adverse action may be proposed, including a removal — often based not upon the medical condition, but all sorts of “other reasons” that have been tabulated, memorialized and recorded, by supervisors and fellow co-workers.  Yes, there is FMLA; yes, the Federal or Postal employee may file an EEO action or other potential lawsuit; but such counteractions fail to mitigate the sense of isolation and separation that the Federal or Postal employee feels, from an agency which he or she has expended one’s life and energies to advance for the cause of one’s career.

Third, when the Federal or Postal employee finally files with the U.S. Office of Personnel Management, OPM’s non-responsive attitude further exacerbates the sense of isolation.  A sense of closure is what one desires; of being able to obtain Federal Disability Retirement benefits, then to move on with life into the next phase of a vocation, the next step beyond.

One should always remember:  It is the very act of filing which is the first step in overcoming the profound sense of isolation; for, the act itself and the decision to move beyond, is the affirmative indicator that there is light at the end of the proverbial tunnel.

Sincerely,

Robert R. McGill
FERS Disability Attorney

 

Disability Retirement for Federal Workers: Once the Decision is Made

It is often the decision itself which is the greatest hurdle in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS.  The decision itself is the all-encompassing beginning point, the obstacle which must be reviewed, analyzed, discussed, and ultimately overcome.

Once that decision is made, then the floodgates open with respect to the approach, the procedural issues, the time-frame within which to file, the garnering of support from one’s doctor; the legal avenues and pitfalls which must be confronted; the financial burden which must be faced and adjusted to; contending with issues at work; whether to inform the agency’s Human Resources office at this point or when the Federal Disability Retirement application has been prepared and is ready for submission; whether and what to discuss or hint at with one’s supervisor; which medical information to include or merely weave throughout the narrative of one’s Applicant’s Statement of Disability; the problem of quantifying in a substantive manner one’s medical conditions; how best to characterize the essential elements of one’s job; the connecting of all of the dots; the building of the nexus between one’s positional description and the medical conditions suffered.

These are merely a few of the issues which must be confronted once the decision to proceed is made.  Federal Disability Retirement is an important decision to embrace; it should be treated in accordance with its important status.

Sincerely,

Robert R. McGill, Esquire