Disability Retirement from Federal Jobs: The Time we Spend

The time we spend implies the level of our concern, our interests and our priorities.  The proportionality reveals where one’s “mind’ resides.  If work takes up the greater portion of our lives, then one is deemed a workaholic; if video entertainment seems to dominate, then some will whisper of being “addicted”; or of too much of anything — leisure, pleasures, topical asides or exotic obsessions — the tendency is to make judgments based upon the time given and the attention reserved.

When does an “interest” in something become an addiction or an obsession?  Does it depend upon each circumstance and the context surrounding the reasons imparted?

Certainly, initiating a “start-up” requires greater commitment than to be employed with an established firm; and learning a new activity or engaging a fresh issue will require a greater commitment at the outset.  Medical conditions, as well, often require a greater focus and investment of time. The problem with medical conditions is not the disproportionate time needed, but the time it takes away from other activities — from work; from time with family; from the time previously spent on other necessary activities, including the mundane like taking out the garbage.

For Federal and 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, the time we spend on an ongoing medical condition — from taking SL, AL or LWOP (or being deemed AWOL), to being unable to complete tasks, etc. — is an indicator of when a Federal Disability Retirement application should be filed.

To obtain an objective assessment of one’s likelihood for a successful outcome, consult with an Attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Workers: The image we hold

It often takes years, and sometimes never; the child that has grown up, lived independently for some time, and has asserted his or her separation and personality still remains a child in the mind of the parent.  The image we hold often far extends beyond the reality that has changed and circumstances have dictated; it is that which remains as the final vestige of what we yearn for, steadfastly refuse to surrender, and allow in our imagination to fester with the desires of fantasies left unrealized.

That is why loss of a parent from the perspective of the child is just as difficult as the loss of a child from the vantage point of a parent; each holds on to the image remaining, like Platonic Forms that transcend the ugly reality of the starkness in broad daylight.  From the child’s perspective, the image we hold is of the omnipotent parent — vibrant, bringing joy and security, always there to reassure.  From the parent’s viewpoint: of the innocence never tarnished, the first gurgle and smile, and that word that bonds the relationship forever and a day.  Yet, each grows; the parent, frail and into senility; the child, into adulthood and loss of innocence.

It is, however, the image we hold that remains, and is the last to exit despite the coffins of despair and the alterations of nature’s cruelty upon the wrinkles of time.

For the Federal employee and U.S. Postal worker who suffers from a medical condition such that the medical condition no longer allows the Federal or Postal worker to remain in the same job, career and agency of one’s chosen career, there comes a time when Federal Disability Retirement should be a consideration, and the image we hold of a long-lasting tenure as a Federal employee in a particular line of work must, by medical necessity, change.

The image we hold is a figment of one’s stubbornness to remain steadfastly upon a course of immortality; we all have to submit to the winds of change, and 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, is that very change that must go beyond the image we hold — of one’s self.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Claims: Hanging on a contingency

The metaphorical image representing such a phrase allows one to pause and reflect: the dichotomy between the physical world and the conceptual one — of a person “hanging”, as from a cliff, with his fingers turning white from gripping the tenuous life-line of a flimsy branch, a loose boulder or an outstretched hand of another; and of the technical term that possesses meaningful discourse only in a purely theoretical universe of conceptual constructs — denoting the idea of a future event or circumstance that cannot be relied upon with certainty, but may trigger a series of consequential future contingencies or further occurrences, etc.

Thus does the physical and the conceptual come together in an aggregation of a compound conceptual construct that may connote thus: You are in a tenuous situation where your physical well-being is dependent upon a future uncertainty that may result in events that may or may not yet happen.

Such a conditional circumstance is often how the Federal or Postal employee feels, who suffers from a medical condition, such that the medical condition may result in the necessity of 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.  For, it is indeed the “physical” part of the entire event — the medical condition itself — which makes one feel “as if” one is dangling from the edge of a cliff.

And it is the “contingency” — the uncertain triggering mechanism, such as the anticipated adverse reaction of the Federal Agency or the U.S. Postal Service; the tenuous reliance upon a doctor’s diagnosis and treatment; the growing inability to perform one or more of the essential elements of one’s positional duties — that makes the medical condition all the more magnified in its exponentially-exacerbated conditions of anticipated calamities.

Life is often an unfortunate series of having to hang on to a contingency, but when a medical condition enters into the fray, it makes it doubly more tenuous, and preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is at least a concrete step that allows one to grip the reality of one’s situation, and perhaps leave all future contingencies, tenuously anticipated, aside.

Sincerely,

Robert R.McGill, Esquire

 

Disability Retirement from Federal Service: By what right?

It is a question often posed in the dead of night by those who would undermine an assertion based upon an instinctive sense of fairness, but perhaps not able to be articulated in comprehensible form.  By what right do you enter these premises?  By what right do you express that opinion?  By what right do you think you can do that?

It is, as with many questions, one that has a sadly contextual background of a negative past – for, whenever a person, a populace or a segment of a greater society begins to assert a “right”, it was generally preceded by a breakdown of community and caring.  For example: A violation of another’s property where a fence has not yet been placed should be resolved by two neighbors discussing the infraction or infringement without resorting to a higher authority.  If that “neighborliness” cannot resolve the conflict, then a fence may be built and the right to build such a fence can be asserted by the fence-building-neighbor as a “right” of property ownership.  No one would, or could, dispute such a right to do so, but the mere fact that a fence had to be built is evidence of a preceding breakdown of the unspoken rules of a community, where resolution of a conflict could not be accomplished by discussing, caring, understanding and compromising for the sake of a community’s greater good, but instead results in a declarative reference to one’s “right” to do X, Y or Z.

Rights should have the insipid connotation of negativity to the extent that asserting them is something of a last resort and the last bastion of scoundrels and suspicious individuals seen in an unfavorable communal light; but in modernity, shouting out one’s “right” to do this or that, or standing on a soapbox and pontificating about how we (why does everyone assume that he or she has a “right” to speak on behalf of that undefined “we” in the first place?) have every “right” to be here, do this or that or be “in your face” because of the proverbial “catch-all” – the “Bill of Rights”.  By what right?

For Federal and Postal employees who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, it may well be that asserting one’s right to file for Federal Disability Retirement benefits was preceded by a context of negativity – of the Federal agency or the U.S. Postal facility failing to, refusing to, or otherwise not showing effort for, accommodating one’s medical condition, illness or disability, and that is when the assertion of declaring one’s “right” to file for Federal Disability Retirement benefits becomes the inviolable pathway to an exit out of an untenable workplace situation.

To that extent, preparing, formulating and filing a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is somewhat akin to building that “fence” between your property and the next-door neighbor’s, whose dog keeps coming into your yard, digging up the freshly-planted bushes and vegetables, pooping all over the place and attacking your cat, and cares not a twit to try and resolve the issue; that, in many ways, is the Federal agency or the Postal facility you work for.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Resignation

It is both an act, as well as a demeanor.  In the former sense, the fulfillment is accomplished by the actual tendering of an offer to terminate a business or contractual relationship, with a declarative statement of unequivocal certainty.  In the latter form, a feeling, a sense of foreboding, and a concession to life’s hardships.  In either case, it is an act of withdrawal, whether by action via terminal certitude or in the wasting away of the soul’s inner flame of light.

Resignation, submitted as an act of defiance to one’s employer or as a private tender of retreat, is a statement of definitive intent, and one that negates the living embrace of Being.  In political circles and parliamentary procedures, there is often involved a game of dare and a play of obfuscation, like card players in a high-stakes poker game where the tendering of a resignation letter is not expected to be accepted; yet, such attempts at bluffing possess moments of backfiring, with the resulting end to promising political careers because of the inability to foresee substance from play-acting, or want of proper timing.  Resigning, and for what purpose?

For Federal employees and U.S. Postal workers who are considering preparing, formulating and 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 question of resigning from one’s Federal job or Postal employment should always take on multiple questions and conditions of “why”, “when” and “what for”?

What is the reason; why resign; when should the resignation be tendered; and what is the reason for resigning?  Is it because the doctor has recommended such a course of action?  Will the agency refuse to extend the LWOP status during the process of awaiting a decision from the U.S. Office of Personnel Management?  Will it allow for access to TSP funds during the process, in order to survive financially?  Or are there other justifying, pragmatic considerations to factor into the decision-making process?

These, and many other considerations, should be discussed, evaluated and objectively defined, before a resignation is submitted to one’s agency or the U.S. Postal Service.  For, once the resignation is received, and an SF 50 is generated separating the Federal or Postal employee from Federal Service, then the 1-year Statute of Limitations begins to toll, where the (now former) Federal or Postal employee has one year from the date of separation from Federal Service to file for Federal Disability Retirement benefits, directly to the U.S. Office of Personnel Management.

Thus, there are direct and irreversible consequences in the tendering of a resignation in the first sense of the term; as for the alternate consideration – of a demeanor more suited for a change of circumstances – that is up to each individual to embrace, and determine in an existential sense that any resignation from life’s beauty and worth of being, must remain a choice left only to the unidentified tombstones of unvisited grounds where neither hallowed voices are heard, nor hushed silence interrupts.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: The Language of Choice

There are certainly other “languages” for conveying information, including (but not limited to):  foreign, other than English (but in this cosmopolitan world, where technology has made such barriers a moot point, it becomes almost provincial to speak of one’s native tongue); body; emotive; forms, including written or oral; other body, such as facial; coded; and others not listed here.  The choice of language one uses, is often determined by the context and circumstance mandated for various reasons, not the least of which would be the efficacy of the option taken.

For Federal employees and U.S. Postal workers who have, for many years, had to endure the “language” of hostility from one’s Federal agency or U.S. Postal Service, it is perhaps a self-evident point that it is the “written” form of language which must be opted for in preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset.  But it is not the obviousness of the issue which one must accept; rather, it is in the very transition from one’s milieu to filing with another bureaucracy which must be directly recognized and altered.

There is a natural tendency for the mistreated Federal and Postal worker filing for Federal Disability Retirement benefits, to react to another bureaucracy and administrative process (OPM) in a similar vein as one is used to because of the mistreatment for so many years.  But one must mentally transition from the reactive methodology of the Federal agency or the U.S. Postal Service which one has become accustomed to, and approach the U.S. Office of Personnel Management in a different light.

As such, in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, one word of caveat:  let the foreign language of professionalism prevail, and approach OPM with a singular focus of linguistic content which sets aside all of those wasted years of workplace harassment and hostility one may have experienced in a previous life, and adopt the language of choice — of an effective OPM Disability Retirement application devoid of the garbage of past malice.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Usual Dialogue

Much of our daily dialogue is determined by rote repetition.  Discourse throughout a typical day need not be given much thought; breakfast routine; interaction with colleagues and coworkers; declarative statements which have been repeated hundreds of times, both by one’s own voice as well as by others; salutations which require merely an audible sound; and the sun sets upon another closure of human inertia.

Then, some dialogues awaken the soul.  A sudden discovery of infidelity (though, given the pervasive appearance of popular culture, that, too, is quite commonplace); a perpetrated criminal act; a discussion with one’s doctor concerning a medical condition.  Even the latter, of course, from the doctor’s viewpoint, can be quite commonplace.  But for the Federal employee and the U.S. Postal worker who has been pursuing one’s Federal or Postal career for years, decades, etc., the self-realization that a medical condition may end the financial security represented by one’s job, is a traumatic event in and of itself.

All options for the future must be considered; and the daily dialogue of rote routine must be cast aside.  This is not a time for niceties; it is an event for thoughtful action.  Preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, is an affirmative step which one must pursue aggressively.

The inertia of past repetition of life’s puzzlements; the frightening prospect of an uncertain future; these must all be cast aside, and the reality of facing a time of forced creativity must be fully engaged.  And then, of course, there is the added anxiety that the administrative specialists at OPM will view your own application for Federal Disability Retirement benefits as just another ho-hum event, one which is merely part of their usual dialogue.

It is up to the Applicant him/herself, in preparing, formulating and filing for Federal Disability Retirement benefits, to ensure that the Federal Disability Retirement application is cogent, clear, concise and convincing — in other words, not part of that daily dialogue of thoughtless repetition.

Sincerely,

Robert R. McGill, Esquire