Federal & Postal Disability Retirement: Sense of Justice

Why do we speak in those terms?  Why a “sense” of X, as opposed to X itself?  Is it because it does not precisely fit into the strict definition of X, but may well be implied by it?  “Justice” is often enmeshed with a definition involving morality and the strict bifurcation between “right” and “wrong” — as well as compliance with “the law”.

Personal Injury lawyers will often scoff at the idea that compensatory damages awarded necessarily implies the level of justice received; if that were the case, most people who seek money damages would never be rewarded with the justice sought, whether of a “sense” or not.

Similarly, is there any rationality in discussing the concept of “Justice” in domestic relations cases?  Is there a “just cause” to pursue when two people decide to separate, especially when children are involved?  Is it all “subjective”, as in the case of “fairness” or “unfairness”?  Or is there a more “objective” standard — as in the strict definition where the requirements of X are met by the proof of Y, leading to the unmistakable conclusion that “Justice has been served”?  If that were the case, wouldn’t all of “Justice” be a mere tautology?

For Federal employees and U.S. Postal workers who seek to meet the eligibility requirements for Federal Disability Retirement, the “sense of Justice” is achieved by proving one’s case, meeting the preponderance of the evidence test, then obtaining an approval from the U.S. Office of Personnel Management.

However, to achieve that goal — that “sense of Justice” — one must prepare the groundwork and set the foundation in order to meet the legal criteria posited.  In order to do that, it is wise to consult with an attorney who specializes in Federal Disability Retirement Law, lest your sense of Justice were to fall somewhat short because of a lack of understanding as to what the law requires.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The New Year

Perhaps it is not merely an arbitrary demarcation, after all.  It is around the time when the winter solstice reaches its pinnacle, and the days become lengthier, the nights shorter.  The year following – the “new” year – begins its ascendancy, leaving behind the frigid desolation yet to endure.

And the excesses of behavior – of drinking, celebration and abandonment of all societal decorum and convention?  It is a way of expiating the pent-up constraints of self-discipline and customary resolve; a way to release the energy of social boundaries for a few hours, a fortnight, and a morning after without regret or remorse.

It is often said that, in psychology and therapeutic intervention, the “aha” moment of gestalt realization is less important than the long and enduring struggles which must be faced immediately thereafter.  We often put too much emphasis and relevance upon that proverbial encounter on the road to Damascus, when in fact it is the long and arduous path that follows which will determine the success or failure of one’s life.

Marking a moment in time as the “cut-off” point of a new beginning may be convenience for multi-variegated purposes; in the world of objective reality, however, the artificial lines will only serve us so far.

This new year will bring out contradictory perspectives; some, as often as not, will predict doom and the soothsayer’s gloom; others, in herds of blind followings, will enter the dawn with hopes unvanquished and dreams yet to be realized.  The rest of us, as always, will have to plod along and live our lives.

For Federal employees and U.S. Postal workers who must contend with 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 job, the artificial demarcation of “before” and “after”, and the insertion of the increase in the last digit from a 6 to a 7, will be marking an unnoticed blip in time.  That’s the thing about medical conditions; they cross cultures, time and even years.

When the medical condition becomes magnified to a point in 2017 where essential elements of the Federal or Postal job one is working in becomes impeded or otherwise unable to be performed, then the significance of the contrast as against the previous year becomes unmistakable, and the Federal or Postal employee may want to consider preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

In the end, the “New” year is likely like the old one, and the one before that; only, our bodies deteriorate over time, and the uncaring behemoth of the federal agencies and the U.S. Postal Service may only become exponentially worsened.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The importance of seeing a way out

The strategic approach of allowing for a route of retreat is well-known; by providing an exit option, casualties are lessened and the proportional ferocity of battle often parallels the availability or non-existence of such a pathway out.

Cornered animals behave in the same way – and why would they not?  Do we think that we are somehow exempt from the genetic predisposition of Darwinian inherency?  And the cornered enemy who sees no exit – with the final bullet retained for self-annihilation, the option of surrender not a reality for the traitorous residue to such an act, or of the potential for torture and mutilation naturally following revenge upon actions taken previously; or a kamikaze-like final hurrah met with a hail of bullets; it is the importance of seeing a way out, that often determines the course of future conduct.

That is how the Federal employee or the U.S. Postal Service worker views the benefit of a Federal Disability Retirement:  as the “way out” of an otherwise untenable future course.  Without it, the options are often:  Die trying to get to work each day; resign with nothing to show for the many years of investing in one’s career in the Federal sector or the U.S. Postal Service.

What is so interesting in engaging Federal employees and U.S. Postal workers for multiple decades, now, is the singular and unassailable fact that is contrary to the misperception held by the general public:  Federal employees and U.S. Postal workers are among the most dedicated of workforce servants, putting in long and uncompensated hours beyond what they are required, and never wanting to take the “exit option” but for the chronic and severe nature of a rising and debilitating medical condition.  And, how many who obtain a Federal Disability Retirement annuity go on into the private sector and “pay back” into the very system from which they are being compensated the Disability Retirement annuity?  Many, if not most.

Without the benefit of Federal Disability Retirement, many would struggle and ultimately lose the battle either with the agency or the Postal Service, or with the medical condition itself.  Even with the benefit of a Federal Disability Retirement annuity, the pay is not so enticing as to encourage any mass exodus via the vehicle of a Federal Disability Retirement benefit, and it is only because of the progressively deteriorating nature of a medical condition that finally impels and compels the Federal employee or U.S. Postal worker to take that exit option, and to seek to reach a plateau of rehabilitative serenity such that a further career or vocation in the private sector could be possible.

In the end, like enemies in a fierce firefight, the importance of seeing a way out is just as relevant to the Federal or Postal employee who suffers from a medical condition, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, as it is to the kamikaze warrior who tightens the band of fate by an emblematic headscarf in preparation for the final battle.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Exchanging pleasantries

Some possess the greater patience for it, and enthusiastically embrace the inherent gamesmanship and accompanying pleasures derived therefrom; while others merely forego even the most basic of such prefatory considerations and condescending patronization that commonly attaches.  Still others mechanically, thoughtlessly and with automated responsiveness, emit the utterances with aplomb and a wave of hands, never pausing to even consider the discourteousness of violating that fragile sheen of neighborly discourse.

— “Hello, how are you.”
An introductory glance inviting suspicion and possible rebuttal

—  “Fine weather, isn’t it?”
Can a mere nod be sufficient?

—  “Hello!”

Can we get by this person with silence?

Have we become more cynical as a whole, and have the constant warnings by governmental agencies concerning scams, frauds and insincere malfeasance taken its toll?  Or, are there still visiting angels among us, whom we ignore at our own peril?

Are there exceptional salutations that demand a presence of mind, or do they all fit into a mold of complacent irrelevancy?  “Merry Christmas”, or its more neutral form of “Happy Holidays”, and even “Happy New Year” – is it the occasion itself which is evocative of a positive response, or does the Scrooge that lives within each of us allow for a grunt and a nod?  When exchanging pleasantries becomes reduced to a mere foresight of impending hostility, does it lose its efficacy, or is the “break-down” of superficial civility revealed in the acrid intonation of a voice which fails to match the salutation itself?

For Federal employees and U.S. Postal workers who have come to expect the common resources of exchanging pleasantries, the line of demarcation where civility devolves into acrimony and harassment often boils to the surface when the Federal or Postal employee begins to become less productive as a result of a medical condition that prevents one from performing one or more of the essential elements of one’s Federal or Postal positional duties.  Whether under FERS, CSRS of CSRS Offset, it is often a good indicator of things to come, and thus it is important to gain a “step ahead” by preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

Time was that exchanging pleasantries was always taken for granted; but for the Federal or Postal employee who is witnessing the deterioration not just of one’s own health, but the superficial health of common decency and discourse with coworkers, managers and supervisors – it may be time to exchange those pleasantries with a reality check, and begin preparing, formulating and filing for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire