Tag Archives: fers bureau of prisons disability retirement

FERS Medical Retirement: The Subtlety of Minimalism

In modernity, it is an art which has been lost.  The flower arrangement which focuses upon a barren branch and a single blossom; a painting reduced to a simplicity uncomplicated; a life without many possessions; a quietude within the bustle of tremendous activity.

The clutter of modern living compels stresses; and yet, is the human body capable of subsuming such high velocity of stresses?  Did evolution allow for enough time to pass so as to develop the resistance to modern stresses?

Anxiety abounds; panic attacks paralyze; depression sets in; the human mind yearns for the subtlety of minimalism, but modern living refuses to submit to such imbalance of desires.

Excess is what modern living requires; and stress is the residual component, the natural but dire consequences.  For, how can the subtlety of minimalism be accepted when all around us the scream of greater expansion yells in a tirade of demanding sponsorship?

We have lost the subtlety of minimalism, its power of quietude, it’s reluctance of dominance.  The “subtle”, by definition, is too delicate to naturally resist the dominance of excess; and “minimalism” is the starvation of gluttony; and together, they face a daunting task against the tide of greed.

Federal employees and U.S. Postal Service Workers who suffer from a medical condition must face that choice; for, the compounding effect both from the disabling medical condition itself and the stresses of needing to work, results in allowing for the dominance of excess.

We choose to replenish the vicious cycle of mental and physical deterioration in a persistent, debilitating way, by choosing modernity’s definition of the “happy life” — of excess.  If it is indeed a choice, then we can also choose to attain the subtlety of minimalism.

Contact a FERS Disability Attorney who specializes in Federal or Postal Disability Retirement Law, and begin the process of turning towards the subtlety of minimalism and away from the bustle of modernity.

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.

 

Postal & Federal Disability Retirement: Restraining the Panic

Panic is the button we want to always restrain and contain; for, once pushed, it can lead to areas and consequences we cannot predict, and actions that can harm; for, in the end, panic is a response into the universe of the irrational, as fear is the propellant which feeds upon survival.

One may feel “panicky”; or, a sense of panic may slowly creep upon us.  It is that moment between fight or flight, or of sensing the irrational overtaking the rational — whatever it is, it needs to be restrained, and the best way to do it is to seek guiding counsel to resolve the triggers which lead up to that point.

For Federal employees or U.S. Postal workers who are suffering from a medical condition such that the medical condition prevents you from performing one or more of the essential elements of your Federal or Postal job, perhaps you have come to a point of near panic.

Consult with an OPM Disability Attorney who specializes in FERS Disability Retirement Law — whether you are just beginning the process of preparing a Federal Disability Retirement application, or have been denied at the First Stage of a FERS Disability Retirement application already submitted, or even if you have been denied twice and need to file an appeal to the U.S. Merit Systems Protection Board.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement: Damaged Goods

What do we do when first we realize the defects revealed?  If by mail order, we ship it back; if by direct purchase, we confront the storekeeper and point out the lessened nature of perfection and demand either a reduction to the original price or a full return upon the item purchased.

Damaged goods come in various forms: of complete uselessness; of partial defects that matter not; of a lifespan severely shortened; or of irreparable imperfection such that it cannot be used at all.  And of people who view others in a similar way — how do we judge them and what do we think?  Is it “right” for a person to view another as an object — as “damaged goods” — or must we always look beyond the person as a mere commodity and speak in terms of empathetic subjects reaching beyond the surface of a person’s value as nothing more than the price of a car or of an apple to be devoured?

Yet, that is how a person is looked upon, is he not — as in a Federal employee or U.S. Postal worker who begins to 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 Federal or Postal job.  The Federal Agency or the Postal Service begins to view the Federal or Postal employee in terms of “productivity”, of “value” to the Agency or Postal unit — in other words, as a mere object to be assessed as a commodity, and whether the “damaged goods” should be sent back, returned, or replaced with a full refund.

When that perspective is asserted by one’s Federal Agency or the Postal Service, it is time to prepare, formulate and file an effective FERS Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.  For, in the end, the damaged goods must be replaced with a refund or a return, lest we recognize humanity’s incapability of recognizing the difference between commodities and people.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits under FERS: Ballast for the soul

It is a plagiarized phrase, from a short story written by Brazil’s (often-considered) greatest writer, Machado de Assis.  It is that heavy material, where a large quantity of gravel, iron, metals, etc., placed low in a vessel in order to provide stability; the weight itself is what “grounds” the vessel so that the torrents of waves and storms of fury will not topple it.  Or, it can refer to the coarse gravel used in order to set railroad tracks, again allowing for stability of a foundation to prevent shifting, sinking or damaging movement.

When combined with the term, “the soul”, the concept created is one of conjoining the dual ideas of (a) providing a foundation with (b) an ungraspable concept of an entity that many believe does not even exist.  The “soul”, of course, is a controversial subject; for, it still remains from the vestiges of religious and philosophical discourses, and refers to an abiding entity that defies mortality, retains an identity beyond one’s physical appearance, and contains the essence of who a person is, whether in physical form or not.

Does the soul “need” a ballast?  Without it, does it merely flit about without duration or direction?

As a literary concept, it refers to the stability that individuals need in order to become more serious, more focused, and perhaps even more “mature”.  As a general idea, it comes to convey the concept of pragmatism and the need to be “grounded” in a universe where there exists so many beliefs, so many paths to get off course; and the dangers inherent in pulling people aside from living an authentic and fulfilling life are many, as evidenced by the number of wandering souls left to rot on the roadside of discarded souls.

What is the ballast for the soul?  Is it to be married and have a family?  Is it the immediate family one already has — or the extended one?  Or can a cadre of friends and one’s immediate neighbors provide the ballast for the soul?

For each individual, the answer to that question may differ and remain a mystery; but what is clear, mystery or not, is that the vicissitudes of life’s choices, without a ballast for the soul, are so numerous and of such great variety, that liberty of endless choices endangers the essence of every person. Health itself can be an unknown ballast; for, with it, we take for granted our ability to accomplish so many things in life; without it — when it is “lost” — we suddenly realize that the ballast of health can upend that which we took for granted — career; stability; sense of worth; sense of self.

For Federal employees and U.S. Postal workers whose ballast has been lost because of a medical condition, it may be time to prepare, formulate and file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.  Medical conditions are often the storms of life which topple the vessel once the foundation of stability has been robbed, and Federal Disability Retirement benefits can restore one’s sense of security such that a re-focusing upon the priority of health and well-being can be attained, so that the ballast for the soul can be reestablished in a world full of turmoil and tumult.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: The world of faded photos

There is an anomaly contained in the attempt to “save” faded photos; it is an oxymoron of sorts, where modernity erases the backwardness of yesterday, and yet, at the same time, wants to preserve it.

We have all heard about companies that exist which “preserve” outdated family movies, photographs and taped recordings of distant times; it is all placed, preserved, edited and presented in a convenient “thumb drive” or in some “cloud” in the ethereal universe of a web-based phenomena.  That faded photograph, beautiful in its brown crispiness of an elderly man or woman who looks serious, because in those days having one’s image preserved for posterity was a serious undertaking — in contrast to today’s selfies immediately downloaded and uploaded into a social medium that is quickly disseminated to countries worldwide in an instant, displaying a foolishness that would shock a generation or two of those removed from such technological “advancements”.

The world of faded photos is an universe of past histories now forgotten, frozen in time by a captured expression depicting a time before, now replaced by a time after, and forever remaining in the memories of those who have survived but now sit quietly in nursing homes of corners relegated to mere existence in darkening folds of dementia and antiseptic coils of plastic tubing extending lives beyond what the photographs themselves intended to display.

The world of faded photos defy the modern attempt to preserve that which was meant to last for a generation only, just as men and women try in futility to ignore mortality by cosmetic corrections that makes for appearances which procrastinate the inevitability of time’s ravages.

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, whether under FERS, CSRS or CSRS Offset, the world of faded photos is the one that you remember “before” the onset of the medical condition, and instead of attempting to “preserve” the photograph, it is best to recognize that the image you see in the mirror today is the one worth protecting, and not the faded daguerreotype of yesterday, and the best way to do that is to prepare, formulate and file an effective Federal Disability Retirement so that you can secure some semblance of your future, and not be frozen in the timelessness of the world of faded photos.

Sincerely,

Robert R. McGill
OPM Disability Attorney

 

Medical Retirement under FERS & CSRS: Excellence and mediocrity

Are the two identified only by comparative existence?  Can one abide in pure mediocrity throughout a lifetime, only to be fooled into thinking that excellence has been achieved, but on the day before extinguishment from this universe, be visited by pure excellence that suddenly compels one to realize that all along, only a ho-hum level of mediocrity had been attained?

Conversely, can one maintain a level of excellence without a comparative standard against which one may know what “mediocrity” consists of?

It is like the grammatical elevation learned in former school days, of “Good”, “Better”, and finally, “Best” — how does one identify the last in the tripartite series unless there is a comparison against that which is lesser, and how does one ever realize the progressive nature of one’s endeavor unless there is improvement to realize?

One may argue that excellence cannot exist except and “but without” the coexistence of mediocrity, and thus the corollary must also be true.  Isn’t that the problem with everything in life — excellence, once achieved or realized as a goal, becomes a hollow voice of regret when once mediocrity is the standard to which one is reduced?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition has reduced one’s ability and capacity to perform one’s Federal or Postal position and duties to a level of mediocrity and struggle just to maintain a lesser standard below what one has become accustomed to — of excellence in all arenas, including health, personal life and professional goals — the reduction resulting from one’s deteriorating health is often accompanied by a sense of having become a “lesser” person precisely because one has known the “better” and the “best”.

“Good” is not enough, anymore, because “better” and “best” have once been tasted.

Filing for Federal Disability Retirement benefits may not be the “best” answer to all of one’s problems, but it is the better solution to the Federal employee or Postal worker who can no longer perform one or more of the essential elements of one’s Federal or Postal job, especially when the “good” is merely an exercise in mediocrity where once stood excellence.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: A Return to Basics

Every few decades, there is a “new” movement which upholds the divinity of returning to the foundational core of one’s existence:  of going back to being a farmer; living a life of an ascetic; stripping away all “unnecessary” accretions and accoutrements deemed as vestries of comfort and “bourgeois” by definition (whatever that means); or, in common parlance and language more amenable to the ordinary person, living more “simply”.

The perspective that such a “movement” is somehow “new” is of itself rather an anomaly; but then, each generation believes that they have discovered and invented the proverbial wheel, and all such past epochs were mere ages of primitive imbecility.   And, perhaps, we are once more in that familiar circle of life, and such a movement has beset the quietude of modernity, again.  As such, let us return to the basics:

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the Federal or Postal employee may need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the “foundational” eligibility criteria needs to be met:  For those under FERS (Federal Employees Retirement System — or the “new” system sometime around 1986 and thereafter), the Federal or Postal employee must have a minimum of 18 months of Federal Service in order to apply.  For those under CSRS, the accrual time is 5 years — and, as such, anyone under CSRS would presumably have met that basic requirement, although a CSRS employee with a long “break in service” could potentially fall short, but that would involve a unique set of circumstances rarely seen.

Further, the Federal or Postal employee who sets about to file for Federal Disability Retirement benefits must either be (A) a current employee (in which case he or she would file first through the agency’s Human Resource Office, then to be forwarded to OPM, (B) if not a current employee, then separated from service not more than 1 year (as the Statute of Limitations in filing for Federal Disability Retirement requires that a former Federal or Postal employee file directly with OPM within 1 year of being separated from service), (C) if separated from the Federal Agency or the U.S. Postal Service, but not for more than 31 days, then to file with one’s former Agency, and (D) if separated for more than 31 days, but less than 1 year, then refer to (B) and file directly with the U.S. Office of Personnel Management in Boyers, Pennsylvania.

These are some of the “basics” in filing for Federal Disability Retirement benefits.  There is much, much more to the entire process, but then again, if one were to expand too far astray from the foundational core of the “back to basics” movement, one would be a hypocrite for allowing the complications of life to accrue beyond the essential elements of life — of water, food and shelter or, for the Federal and Postal employee filing for Federal OPM Disability Retirement benefits, whether under FERS, CSRS or CSRS Offset, the bridge between one’s position and the medical conditions one suffers from.  Go figure.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: That Song That Won’t Go Away

There is that song, tune, jingle, etc., that sticks to the mind and refuses to go away; and the circularity of the anomaly is that, the more one tries to expunge the melody from one’s mind, the greater the force of staying power; it is only when we “give in” to the persistence, and “give up” trying so hard in suppressing beyond the subconscious, that there comes a time when we can give a sigh of relief and acknowledge, “Ah, it’s gone” — and upon that very instance, it comes right back!

Such persistence of pernicious placements in the universe of cognitive capillaries are not the only conundrums in life; the general rule to be extrapolated is that, the greater the resistance, an equal and exponential quantification of insistence will reverberate.

Thus, for Federal employees and U.S. Postal workers who try to avoid, suppress or otherwise ignore a medical condition, such that the medical condition begins to impact one’s positional capacity to maintain productivity and a semblance of denial, the greater force by the agency to increase the pressure, and the further exacerbation of the medical condition itself because of the added stresses of the agency, the Postal Service, etc.

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, is always an option and alternative that needs to be considered, if only to prepare for an exit and avenue out of the constant morass which fails to let up.  Prioritizing of life’s challenges involves taking affirmative steps towards a resolution.  If you don’t do it, other forces outside of your control will.  When it comes to your own health and well-being, it is the Federal or Postal employee who knows well when the time is ripe to begin the long process of preparing, formulating and filing for FERS or CSRS Disability Retirement benefits.

In the end, the song that just won’t go away is merely a melody of irritation; when it comes to the nagging deterioration of a medical condition, however, the stakes are much higher, and comparing the two is fine for metaphorical purposes, but not for the challenges which must be faced before the universe of reality and pragmatism.

Sincerely,

Robert R. McGill, Esquire

 

Federal Medical Retirement: The Coalition Forces

One hears much these days about the importance of forming a coalition of forces before engaging an offensive action; and, indeed, there is the old adage of having strength in numerical superiority, and the sense that a consensus of opinions and cooperation of numbers results in an increased chance of success.

Quantitative composites can mask a disarray of qualitative forces, and the security in numbers can somewhat compensate for lack of internal cohesion.  But what if you are the target of a coalition of forces, albeit one that is merely bureaucratic in nature, and administrative in pragmatic application?

That is how the Federal employee or the U.S. Postal Service worker often feels, when applying for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether one is under FERS or CSRS.  And not only that, but the “attack” comes at one’s most vulnerable point:  when a medical condition is involved.

Filing for OPM Medical Retirement benefits is tantamount to going up against a coalition force:  One’s own agency; one’s own Supervisor; one’s own Human Resource department; one’s own coworkers; and then to contend with trying to obtain the proper and sufficient medical documentation in order to show eligibility and entitlement (yes, there is a distinction with a difference between the two concepts), on top of filling out the vast array of standard forms (SF 3107 series for FERS employees; SF 2801 series for CSRS and CSRS-Offset employees; SF 3112 series for all three, FERS, CSRS and CSRS Offset employees).

The medical condition itself, of course, is the vital point of vulnerability, and it is as if the coalition forces are fully aware of those weak points, and attack them relentlessly.  OPM Disability Retirement, the process of filing, and the agencies which make up the linear progression for filing — all together can appear to comprise a coalition of forces which, without necessarily working in coordinated concert of thought or action, can aggregately defeat an OPM Medical Retirement application.

The singular warrior of the target — the FERS, CSRS or CSRS Offset Federal employee or U.S. Postal Worker — must use all of the administrative and legal tools available, in order to go up against such a behemoth of bureaucratic gargantuan proportions.

Sincerely,

Robert R. McGill, Esquire