Tag Archives: filing for opm disability retirement may not change the behavior of the agency but the obvious benefits will come after retirement

Federal Worker Disability Retirement: Evidence of Change

The charge against Bishop Berkeley has always been one of contemptuous absurdity.  For, if all that we can ever rely upon are sense impressions, then how can one maneuver through the dangers of the physical universe without bumping into tables and chairs, with calamitous consequences of mortal endangerment?  If we step from Room A into Room B, does the former disappear and lose objective existence while the latter reappears and reconstitutes itself into a viable, vibrant universe?  But that is precisely Berkeley’s point, isn’t it? One could argue that his philosophy represented the nascent murmurings of the English linguistic movement (perhaps he is turning in his grave, as he was born in Ireland), where definitional realignment of language became the methodology of solving all philosophical problems.

Thus, in pure technical terms, inasmuch as what we perceive are merely changes to our sense perceptions, as opposed a direct contact with the physical universe, his approach merely confirmed Kant’s later bifurcation of the world into an objective universe versus a subjective, humanly perceptible world. And, indeed, we tend to become lost in the universe of our own making. That is often the problem which confronts the Federal and Postal employee who finally comes to a realization that one’s Federal or Postal job has been, and remains, in jeopardy because of an ongoing medical condition which has been impacting one or more of the essential elements of one’s job.

The internal ruminations spurred by worries, concerns, stresses and anxieties, often form a wall where the evidence of change and the need for alternative measures is prevented because of the blindness of our awareness. Concerns can be overwhelming; and when medical conditions impact the Federal or Postal Worker, such that the Federal and Postal Worker is beset with chronic pain, psychiatric conditions which overtake one’s capacity to possess the acuity of mind needed to maneuver through this complex world, etc., then it is too often the case that the one who is impacted by the medical condition — the Federal or Postal employee — is the one who is the last to notice the evidence of change and the need for change.

Clinging on to the habituation of daily living provides a level of comfort necessary for sanity.  But staying on when everyone else — the agency, supervisors, coworkers, etc. — has changed in their attitude and approach to embracing the Federal or Postal worker as the valued employee he or she was once considered, is a foolhardy and stubborn refusal to acknowledge the obvious.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS or CSRS, through the U.S. Office of Personnel Management, is the first step in recognizing the growing evidence of and for change. And, whether what we perceive are merely sense impressions, or the actual rumblings of the objective universe, the reality of one’s medical condition which the Federal and Postal employee must face in determining the best course of action, should always involve a focus upon one’s own best interest, and that may include consideration of filing for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquir

 

Disability Retirement for Federal Workers: What Was It All For?

In the midst of a crisis, when the security of the mundane is replaced by the turmoil of fears, “what ifs”, pain, intrusive nightmares, suicidal ideations, profound fatigue, and the uncertainty of one’s future, questions begin to haunt and abound, enveloping decisions of past moments, reevaluation of present concerns, and furrowing eyebrows for an anxious anticipation of possible events to come.

Medical conditions have a tendency to interrupt present plans, and to degrade the list of priorities once thought to be of significance, or even of any relevance.  But all things must be kept in their proper perspective.  Balance of thought, and prudence of action, should always be paramount.

For Federal and Postal employees who are confronted with a medical condition, such that the medical condition begins to impact one’s ability/inability to perform the essential elements of one’s job, and therefore one’s livelihood and capacity to survive in this increasingly difficult economic climate, the prospect of being unable to perform one’s Federal or Postal job is a daunting challenge which must be faced.

One’s agency can rarely be relied upon to exhibit any lengthy period of empathy; jobs and tasks left undone constitute a basis for termination.  As such, preparing to file for Federal Disability Retirement benefits, whether under FERS or CSRS, is a consideration the Federal or Postal employee must evaluate early on.  It is the one who begins to take those initial, prudent steps, who may later be able to answer those universal questions emanating from fear of the future, such as: What was it all for?  It is for securing one’s future, and to be able to retain one’s place in this often disjointed universe of bureaucratic morass.

Federal Disability Retirement is a benefit accorded to all Federal and Postal employees who have the minimum eligibility requirements met (for FERS, 18 months of Federal Service; for CSRS, 5 years — normally a “given”); and it is precisely that which is offered, which should be accessed when the need arises; and when applied for, perhaps to answer those questions engendered by the trauma of the moment.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Fault Lines

In Geology, fault lines involve plate tectonic forces and planar fractures which reveal significant evidence for causes of earthquakes and help in determining and predicting areas of subduction zones and active faults which likely will result in future major earthquakes.  Movement, activity, fault? Sounds familiar. The anthropomorphic language, where we attribute human characteristics to inert matter, is a reflection of the beauty and elasticity of language.

For Federal and Postal employees engaged in employment disputes, and where medical conditions often underlay the seismic reverberations resulting from adversarial encounters between Supervisors, Workers and Agency cohesiveness within the greater context of asserting power and authority, often the wrong focus and engagement of the issues will result in greater calamities than was necessary if the issues were properly narrowed and pragmatically determined.

For Federal and Postal employees 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, OPM Disability Retirement may be the option most viable in solving an ongoing issue.  Filed through the U.S. Office of Personnel Management, it is a benefit accorded to all Federal and Postal employees, whether under FERS or CSRS.

In Geology, proper and precise location of fault lines may be crucial in determining essential predictive accuracy of seismic tectonic shifts; in human affairs, it is often not the fault lines which matter, but how to maneuver around them.

Sincerely,

Robert R. McGill, Esquire 
Federal Disability Retirement Lawyer

    

Early Medical Retirement for Disabled Federal Workers: The Reset Button

We often hear in geopolitical circles about international relations taking a fresh turn because of a metaphorical and figurative ”reset” button which has been pushed.

Whether any substantive changes have taken place; regardless of an alteration in the behavior of one or both parties; the important event which seems to predominate in such declarations of a new partnership or alliance, is that the words which are spoken are now rearranged, and the harsh language of previous decades, or perhaps not even a fortnight ago, reflects a forgiven past with happy days ahead.

Often, however, the lack of substantive change manifests itself quite quickly, as words have the extent of impact only within the context of that momentary declaration of purpose.  Beyond the statement itself, unless the alteration itself is imposed upon the substantive behavior of the individual, group, entity or country, the reality of an unchanged heart slowly reveals its true nature as circumstances test the essence of who or what a person or country truly represents.

The real problem with the concept of a “reset” button is that it only works if both parties to an accord push the metaphorical object.  Eagerness by one side to declare the change of relationship is often the rule, while the “other” party who is the one who really needs the resetting of behavior stands by in silent indifference with a wry smile.  Ultimately, it is the need for change which underlies the entire resetting of a relationship.

For Federal and Postal employees who have come to a point in their career where a medical condition continues to impact the ability to perform the essential elements of their job and positional duties, the proposal and imposition of adverse actions, such as a Performance Improvement Plan (commonly known as a “PIP”); suspensions; letters of reprimands; Leave Usage Restrictions; or Proposed Removals — all are actions by the agency which reveal that a resetting of the relationship between the agency and the individual is sorely in need.

The ultimate tool for that resetting of the relationship, is for the Federal and Postal employee to file for Federal Disability Retirement benefits with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS.  While taking such a step may not alter the behavior of the agency, it at least changes the relationship by letting the agency know that the underlying medical condition is the primary cause for the deterioration of the employer/employee relationship, and further, that the severing of ties will be the ultimate outcome.

Moreover, in the case of an OPM Disability Retirement, the pushing of the reset button is never to change the relationship for the benefit of the agency, but merely to change the relationship itself in order for the Federal or Postal employee to attend to the substantive importance of one’s health and wellbeing.

Sincerely,

Robert R. McGill, Esquire