Tag Archives: fighting for your rights after a disability and a long career with the us government

Experiential Responses: Medical Retirement for Postal & Civilian Federal Employees

Life’s garbage is supposed to teach us lessons; that is what we are taught from a young age.  Thus, long lines allow for an opportunity to test patience; insults and ingratitudes, self control; imprudent behavior, an antipathy towards it; lengthy battles, allowing a lesson to forge on while others give up; and similar encounters which provide ample revelations for altering one’s natural instinct of regressive responses.

But the other force which powers its way in an insidious and countermanding manner, is the very negation of lessons learned: of finding security in habitual and repetitive behavior; of responding in a known manner, because past actions of an established quality provide a zone of comfort in contrast to an unknown future.  But medical conditions in and of themselves are unknown factors which impede, intrude, and interrupt.  Sometimes, not acting is as deleterious as proceeding against life’s lessons, learned or yet unachieved.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition not only impacts one’s ability and capacity to perform all of the essential elements of one’s positional duties but, beyond that, has already impacted the extent of experiential encounters with one’s agency, supervisor, coworkers, etc., it may be that one must reconstitute and consider changes which may be anathema to one’s very nature: patience for long-term treatment may not work, as one’s agency may be impatient; self-control towards the ingratitude manifested may not be enough; and imprudent behavior engaged in by one’s agency may be an acceptable norm of standards to follow.

Federal Disability Retirement benefits are meant to allow for the Federal and Postal employee to attain a level of livelihood in order to attend to the most important of life’s experiential encounters: one’s health.

While filing for Federal Disability Retirement benefits, whether one is under FERS or CSRS, may feel like one is “giving up” instead of forging forward despite adversity; the reality of it is that filing for OPM Disability Retirement does not constitute defeat or surrender, but rather an affirmative move to change the stage of the battlefield.  Further, in life, it is not always the “good guy” that wins. Sometimes, the guy in the white hat must walk away, only to see another day to engage the greater battle of life.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Interruption or Interlude

Life is full of interruptions which push the pause button upon our grand designs for linear progression; how we view such events, whether as something bothersome, or as a respite and opportunity, a platform for the next stage of life, will determine the extent of character-building foundations needed to forge forward.  Taking care of aging parents is now considered a bother, and not a privilege; mentoring a young person just beginning in a chosen career is seen as a predatory challenge, as opposed to a chance to mold for the future; and revealing a fissure in the otherwise impenetrable public face of constancy is a chance to take advantage of the weakness of the opponent.

How one views a particular event; whether it is seen in the best light possible and anticipated for lessons to be learned; or instead, as a crisis point of quashing all hope for the future, never to be spoken about because of the devastation wrought, reflects both upon the present state of one’s character, as well as the potential for the future. Things are merely bothersome to us, now. Perhaps it is the result of a leisure society, where things once earned are now expected as givens; or, of greater probability, that the antiseptic isolation of our society engenders a certain aura of incomprehensible turmoil.

For Federal and Postal Workers who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, Federal Disability Retirement should be considered as a viable option. Filed through the U.S. Office of Personnel Management (and available to all eligible Federal and Postal employees who meet the minimum criteria of years of Federal service), it should be considered precisely for two (or more) reasons. First, it allows for a foundational annuity in order for one to move forward with one’s life. Second, it allows for the Federal and Postal employee to embark on a second vocation, and make up to 80% of what one’s former Federal or Postal job currently pays, on top of the base annuity.

As such, there is a built-in mechanism which recognizes that the event of a medical condition is not merely an interruption, but an interlude for the second and subsequent stages of a person’s life.

Sincerely,

Robert R. McGill, Esquire

OPM FERS/CSRS Disability Retirement: The Limitation of Imagination

The imposition of one’s cultural nurturing, combined with the genetic determinism of one’s heritage, makes us who we are, and presents to the world the essence of each unique personality.  One likes to think of the infinite and limitless potentiality of each individual, and indeed, when one views with awe the artwork of Michelangelo or reads the linguistic brilliance of Shakespeare, the inspiration which such paradigms of qualitative magnitude provides as examples of what can be, leaves one with breathless wonderment.

In reality, of course, most of us live lives of trepidation, confined to contained anxieties because of the self-defeating boundaries set by a lack of imaginative fortitude.  We hear of preachings to “think outside of the box”, but once the uttered declarative is embraced, we are actually following the conventional wisdom and merely repeating that which is inside the proverbial box, only to follow the dictates of conventionality to follow the masses to go outside, when everybody and his brother has already been doing that.

Federal and Postal Workers who are hit by a medical condition, such that it forces one to consider viable alternatives and reconsider one’s career and vocation for the future, often have no choice but to step outside of the conventional box. Federal Disability Retirement for all Federal and Postal Workers, whether under FERS or CSRS, and filed through the U.S. Office of Personnel Management, allows for that option of the human imagination going beyond the cultural or genetic determinism of one’s heritage, precisely by providing a semblance of financial security such that one can, after attending to one’s medical conditions, consider future employment options.

Federal Disability Retirement thus satisfies the foundation of human need; and it is only when the basic human needs are met, that one can then have the leisure of going beyond the limits of our own imaginations.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: House of Cards

The proverbial metaphor referring to the House of Cards is well-known to most: it symbolizes the fragile nature of that which we so carefully construct and devise; the time, effort and sensitive touch needed, sometimes holding one’s breath lest a puff of passing turbulence should undo the work of uncommon concentration. But who among us applies the same levity of construction upon the actual foundation we build in real life?

It is clear that the fragile nature of careers, built upon years of relationships, garnering loyalties and cultivating awards, performance reviews, meaningless pats on the back, and encouragement meted out ever so sparsely. How little we require in payment for our unswerving loyalty and fealty to an uncaring entity, but for commendations constituted by cardboard casts?

For Federal and Postal employees, the House of Cards if often finally recognized when a medical condition begins to impact one’s ability/inability to perform all of the essential elements of one’s job. Loyalties are suddenly and conveniently forgotten; past awards become irrelevancies brushed aside like memories shuffled in the mind of an amnesiac; and those glory days of quick smiles and congratulatory looks of adulation are replaced with grimaces and furtive looks accompanied by hushed whispers of sneering conspiracies; and so one is suddenly thrown under or overboard — another proverbial metaphor — the bus or the boat.

Federal isability Retirement is a benefit which is a “safety net” in the sense that it pushes back against the fickle ways of agencies and departments; it is a safeguard against the world of short-term memory banks held by faceless entities. Filed through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS, it allows for the Federal and Postal Worker to exit the Federal workforce with dignity, and a certain semblance of security, and thereby leaving behind the leaning House of Cards for residency by those more able to continue to hold up that which faces the inevitability of chaotic destruction.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: The Tenuous Thread of Life

In this, our desensitized, sanitized life; in a world of virtual reality and technological complexity, the modern man has little empathy for the tenuous thread of life.

We are conditioned and trained more to cry over a movie scene than the tragedy which befalls a real entity. A well-rehearsed scene which evokes a glandular response, perfected at the 50th take with artificial lighting and poll-tested under the directorship of professionals, will tug the sympathies of our fellow man, than the unseen damage done to the psyche of a puppy lost in a world of daily productivity.

That is the stark reality which the Federal and Postal Worker must face in seeking Federal Disability Retirement through the U.S. Office of Personnel Management, whether under FERS or CSRS; of avoiding the land mines of adverse actions by one’s agency; of trying to contain the disdain of fellow Federal or Postal Employees who suddenly begin to shun those who are not part of “the team” and who cannot justify their existence because of lack of productivity.

It is the tenuous thread of life which becomes all the more real and revealing; for, it is ultimately not what we produce or how much; what we consume or which brand; rather, it is how we tend to the weakest and the flimsy which represents the soul of a person, a neighborhood, a community.

Federal Disability Retirement is a benefit which preserves the dignity of the Federal and Postal Worker by providing for a base annuity, and then to allow that person to go out and try a new vocation and career without penalizing that person for again becoming a productive member of society.

That tenuous thread of life; it is well worth fighting for.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Dealing with Adversity

How does one deal with adversity?  When the adversary is a faceless entity, a bureaucracy which acts as a behemoth of epic proportions, one must take care in choosing the proper battle to engage.  For, ultimately, the victory or loss of a battle is often determined by logistical considerations — of where and when it is fought.

Further, it is important to identify who the “enemy” is against whom one wages a battle.  Is it a separate entity, or is the real enemy one’s self?  When an individual is suffering from a medical condition such that one is weakened, others will often begin to smell the scent of such weakness, and begin to prey upon the deteriorated state if is “worth the while” to fight against the agency, the system, and the entirety of the Federal Bureaucracy.

It is well and good to say, “I’m not giving up” and to fight for one’s rights, but at what cost?  At the cost of one’s health?

More often than not, it is a smart strategic move to leave the battle s of being.  That is the law of the runt; it is the rule of the world.  For Federal and Postal employees who find themselves in a position where one’s medical conditions have deteriorated to a point where he/she can no longer perform one or more of the essential elements of one’s job, it is important to consider whether to recede, and go into the quietude of the morning sun, in order to find the space of recuperative peace, in order to come back to battle another day.

Federal Disability Retirement through the U.S. Office of Personnel Management is just such a safety hatch; and whether you are under FERS or CSRS, it is a consideration worth noting, and taking, in order to regain one’s strength, to come back for another day — next time, from atop the vantage point of a hill, instead of looking up from the valley of death and destruction.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Workers: To Just Walk Away

One suspects that the U.S. Office of Personnel Management “plays the odds” and finds that a certain percentage of the population will accept at face-value the stated basis of a denial of a Federal Disability Retirement application, regardless of the lack of substantive basis for such a denial.  And, indeed, there will be a segment of the population, within the entire universe of Federal and Postal employees who submit a Federal Disability Retirement application, who will simply feel discouraged, and simply give up.

This is precisely why, in many administrative processes, there is an automatic first-level denial.

FERS & CSRS Disability Retirement is somewhat different, and one would assume that there is no internal mechanism of automatically rejecting a submission at the initial stage of the application, because the merits of each case should be determined at each stage of the process.

Nevertheless, it would be “prudent” for the U.S. Office of Personnel Management to take such an approach, if only to test the determination and seriousness of each applicant.  This is not to allege that such an approach is deliberately engaged in by OPM; rather, whether on a valid basis or not, there is nevertheless the likelihood that a certain percentage of Federal Disability Retirement applicants who are denied at the first stage, will simply walk away, not fighting for a benefit which they may well be eligible for.

And, of course, “walking away without a fight” is certainly an option for everyone; not a very viable one, and one which should not be recommended.  The sad part, of course, is that the very basis for not having “the fight” to contest an OPM denial, is often the same basis for which the Federal or Postal worker filed for Federal Disability Retirement benefits in the first place:  the medical condition itself, and the debilitating manifestations which have weakened the human spirit to persevere.

Sincerely,

Robert R. McGill, Esquire
Postal & Federal Employee Attorney