FERS Disability Retirement Benefits: The Resistance

The initial reaction to such a title is the obvious one: To what?  Of course, Newton’s Third Law of Motion comes immediately to mind — of every action having an equal and opposite reaction; thus, when one posits a “resistance”, the natural query must refer to its opposition, as in, “What is it that we are resisting?”

Throughout our “stages of life”, we either comply, conform, “go along with the crowd” — or resist doing so.  There are “middle” ways, of course, and yet to compromise and resist “half-way”, or in a half-hearted manner, often seems to ruin the whole point of any resistance, doesn’t it?

If one is to be a revolutionary, the point is to be one completely, or not at all.  During the Sixties, there was the famous line (often misattributed to Abbie Hoffman, the Beatles and others) which declared that the movement’s participants would “never trust anyone over 30” — spoken by Jack Weinberg in response to a hostile interviewer.  The underlying point of the statement is quite clear: By the age of 30, most people have “sold out”, conformed, lost their youthful vigor to resist; or, put more simply, accepted the status quo and have become cynical.  Yet, isn’t there a natural inclination to “belong”, to not stand apart from the crowd, and to be able to live a quiet, unassuming life?

“Resistance” can thus have a duality of meanings — it can imply that one is part of a movement involving resistance to the status quo or, even its opposite; that one resists change and is integrally a participant of the status quo.  Resistance to change is the greater dominating force.  Change is a fearsome entity where the unknown is to be avoided at all costs.  To be a part of “the resistance” that refuses to conform — well, that is best left to those under 30, unattached and without obligations and responsibilities.

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, resistance to change is often the factor that procrastinates, and keeps a person in a “muddle of the middle” where conditions deteriorate but one stubbornly insists upon maintaining the status quo.

But as medical conditions deteriorate and as the Federal Agency or the Postal Service persists in seeking change — by forcing the issue and initiating adverse actions in order to fill the position with a person who is able to perform all of the essential elements of the position — resistance to change must be replaced with becoming a part of the resistance: By preparing and submitting an effective Federal Disability Retirement application with OPM and forging ahead into a future yet unknown.

Remember —even Jack Weinberg became a class of individuals that he resisted, and went on to become a consultant and an adjunct faculty member; in other words, he was once in the “Resistance”, then became that opposite and equal force to fulfill Newton’s Third Law of Motion.

Sincerely,

Robert R.McGill,Esquire

 

OPM Disability Claims: The chasm between illness and time

Illness creates the need for time and forces time to stand still for treatment, recuperation, attending, and resting.  Time is the commodity we no longer have in modernity, where the busy-ness of life’s travails just to survive forces everyone to walk about in a daze of exhaustion and thoughtless fatigue for fear of failure in this driven society.

The chasm between illness and time is that blur of life that happens so quickly that any notion of enjoying, of pausing, of that proverbial “stopping to smell the roses” is quickly dispensed with, thrown out the window along with the baby and the bathwater.  There is no chasm, no space, no time between time, and that chasm between illness and time develops only because we are forced to create it – by waiting for the doctor, waiting for the diagnosis, waiting upon the prognosis, waiting for the treatment to take effect, waiting for the medication to kick in; waiting, and allowing for the development between illness and time.

Time, according to Augustine, is the anticipation between memories held and events thought to occur based upon present circumstances beheld.  Physicists and Astronomers would differ, and would instead refer to moving objects and spatial divides that account for past memories, future movements and the sense of eternity in between.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition necessitates considering 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, the chasm between illness and time is better marked by anticipating what the Agency or the Postal Service will do (rather predictable, given their negative track record on how they treat employees in general), determining the future of staying put in a job where one is no longer able to perform one or more of the essential elements of the Federal or Postal position; and, based upon the medical condition itself, to weigh that against the lengthy process of getting a Federal Disability Retirement approved at the U.S. Office of Personnel Management.

There is a chasm between illness and time, but the best time spent is in preparing for the future, and perhaps consulting with an attorney who specializes in practicing Federal Disability Retirement law.  Just a thought to pass the time away.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The river of life

The evocative images of such a metaphorical phrase are immediately understood by most.  As in challenges we all face throughout life, a river snakes across different and foreign terrain; in some seasons, a drought may dry up the vibrancy of the river, while in times of plenty, flooding and overabundance may occur.

There are periods of swift currents, and days of lazy haze; and underneath the calm exterior is an underworld of activity and blur of living, both of tumult as well as those timeless memories forever remembered, and it is precisely the paradigm upon which Heraclitus staked his perspective upon with the statement that “No man steps in the same river twice.”  For, indeed, the essence of the universe is one of ever-present change; it is the one constant in a life filled with unpredictable indifference, of inchoate beginnings that never lead to any fruition; of trials encountered without reason or rationale; and the river of life leads us through the mountaintops of emotional pinnacles and down into the depths of a valley so dark that despondency fails to reach the eternal chasm of sadness undefined.

Streams flowing into rivers; unexpected tributaries swallowing up the nameless and uncharted waters; and of snowcaps that melt and flow without fluidity of purpose, so life brings about such challenges, engagements and unexpected face-offs.  What are we to make of this river?  What to do in this life?  Must we always be defined by accomplishments, or can the value of a human being be sufficient by reason of a self-fulfillment of an ego’s search?  Is it truly the person who has amassed the greatest amount of “stuff” who is considered the “winner”, and does the river of life grant any greater significance, relevance or meaning to the quantifiable monetary value than to the man who dies penniless?

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition necessitates the Federal or Postal worker into preparing, formulating and filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management, such questions embracing the river of life can be daunting, obsessively important, and awakening of a spark in the deeper recesses of one’s forgotten past to come to the fore.  Why?  Because medical conditions force a prioritization of values, meaning and relevance in one life; and, indeed, that is the foundational essence of every river of life – of what we believe; that we believe; and for which we believe.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Goldilocks Principle

Most of us are familiar with the fairytale; but in modernity, the principle extrapolated has been extended thus: the natural pendulum of occurrences must fall within a certain set of margins, as opposed to reaching the outer limits of extremes.  And, indeed, most things settle into a comfortable compromise of corollary constancy; it is precisely because of the anomaly of extremes that we take special note of the exceptions which develop and manifest.  And that is always the continuing hope of most individuals — for a reaching of compromise, and static settling into a middle ground, etc.

But for Federal employees and U.S. Postal workers who find that a medical condition begins to impact one or more of the essential elements of one’s positional duties with the Federal government or the U.S. Postal Service, the Goldilocks Principle will often fail to apply.  Increasing pressure is brought to bear (no pun intended) upon the Federal employee or U.S. Postal worker who shows signs of vulnerability; perhaps an initial verbal warning, then a written admonishment; then, the placement of a PIP within the constant environment of hostility; restrictions upon leave usage, and finally, a proposal to remove.

Medical conditions require priority of purpose and attending to the medical condition itself.  Actions by agencies and the U.S. Postal Service often serve to exacerbate the medical condition.  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 FERS, CSRS or CSRS Offset, is an option which should be considered earlier, than later.

In the end, of course, the Goldilocks Principle is somewhat relatively determined by where those margins or goalposts are placed; for, in preparing, formulating and filing for Federal Disability Retirement benefits through OPM, the realization that the middle ground of comfort is far from the fences of the extreme, depends upon where the Federal or Postal employee is standing, in relation to the medical condition, the harassment received, and the empathy shown (or more precisely stated, the lack thereof) by the agency and the U.S. Postal Service.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Structural Problem

It is what we never want to hear, and fear most:  that statement from an “expert” who informs us that it is a “structural problem“.  Not cosmetic; not superficial; not unessential; but that word, concept and image which goes to the very heart and foundation of the damage:  the center of the universe.  When the damage occurs there, and the rotting vein of progressive deterioration touches upon that central nervous system, then it becomes “structural”, and all of the rest may come falling down in a sudden dustheap of crumpled carcasses.

So long as it involves only the peripheral concerns, we keep telling ourselves that it doesn’t matter, that the foundation is still solid and they are mere extremities of lesser concern.  We do that with pain and other irritants of life.  And with medical conditions that don’t double us over or completely debilitate us.  So long as there remains a semblance of structural integrity left, one can go on and continue without regard to the symptoms which become telltale signs of impending doom.

For the Federal employee and the U.S. Postal worker who has arrived at the point of finality where one can no longer just venture forward, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management becomes the best remaining option.

We wait because it is in the very nature and essence of procrastination that the inevitability of ignorance, neglect, disregard and sidestepping can delay the confrontation with that which we fear to know, refuse to acknowledge, and take comfort in detracting from the encounter with the truth of established verifiability.  As with science, the flat earth, and the view from a geocentric universe, no one wants to be told that there is a structural problem.

Too often, the Federal and Postal employee who finally comes to a point of needing to admit that preparing, formulating and filing for Federal Disability Retirement benefits, whether one is under FERS, CSRS or CSRS Offset, is and has become a necessity because he or she has worked until the last straw was placed on the back of the proverbial camel.

Medical conditions announce harbingers of events to come, by symptoms calling for attention and attentiveness.  While the news from the architect that the problem is a “structural” one may not be welcome, it was always an indicator that the inevitable was on the fast-track of necessity and predictability; we just turned our heads aside in hopes of another day.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement under FERS & CSRS: Reduction and Emergence

The fear in most instances is that the latter will not follow upon the former; that the state of diminution will become permanent, and the potentiality promised by a subsequent stage of linear progression will instead reflect a downward spiral or, worse, remain in a state of stagnant immobility.   And, indeed, neither in physics nor in human living, is there a stated and inevitable law of nature which mandates that following a period of reductionism, emergence of a greater state of affairs will occur.

Perhaps personal experience even dictates thoughts and reflections otherwise perceived; for, why is it that inventions and innovations seem to occur in youth?  Or that the older populace wants to merely hoard and fend off losses, like the football team that tries desperately to hold on to a lead, and loses in the process because they have failed to play with aggression and abandonment of fear?

Federal Disability Retirement should always be looked upon as an opportunity for the future.  It is likely the most thoughtful paradigm formulated by the Federal government, precisely because it encourages the system of disability payments to be “self-paying”, by allowing for disability annuitants to enter into a different vocation even while receiving a Federal Disability annuity, thereby continuing to pay back into the “system”.

Federal OWCP/Worker’s Comp does not allow a person to work at another job at all, while concurrently receiving permanent partial disability benefits; and Social Security Disability has such a low threshold of allowable earned income that it discourages further alternatives in employment.

But for Federal employees and U.S. Postal workers who receive Federal Disability Retirement benefits, the Federal and Postal worker can make up to 80% of what one’s former position currently pays, and all the while continue to receive the Federal disability retirement annuity, and meanwhile, accrue further years of Federal Service while on Federal Disability Retirement, such that at age 62, when one’s Federal Disability Retirement benefit is recalculated as “regular retirement”, the time that one was on Federal disability retirement counts towards the total number of years of service.

Thus, when a Federal or Postal employee first considers filing for Federal Disability Retirement benefits, there is always the fear involving the immediate reduction of one’s income; but such a limited perspective should always include the further possibility of the corollary potentiality — that of emergence in the near, intermediate or long-term future.

Regrouping sometimes takes some time; but whatever the specific circumstances which necessitate consideration in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, one should always be careful that a skewed perspective of future opportunity is not altered or quashed because of the medical condition from which one suffers.

As emergence is the natural consequence resulting from a period of diminution, and is the pink dawn of hope for the promise of a bright future, so reductionism is merely a temporary interlude in this brief visit upon the historical expansion of man’s infinite and limitless plenitude of potentialities.

Sincerely,

Robert R. McGill, Esquire