FERS Disability Retirement: Knowledge & Application

It is assumed in the West that knowledge, in and of itself, is a valuable thing.  And in this country, periods of pragmatism overtake that viewpoint, but always seem to revert back — otherwise, how else would we persuade children to spend countless hours sitting in a classroom, year after year?

As “making a living” has become the primary focus of society in general, there is an ever-pervasive tension between knowledge for its own sake as opposed to knowledge that is “useful” (translation: the “know-how” to make a living).  This is a tension that every society must grapple with — of becoming educated as an end in itself or as a means to a different end.

Few believe that there is a downside to having a good education, but a well-educated populace that lives in poverty cannot for long sustain its justification for perpetuating inapplicable knowledge.  Society must always maintain a balance between theoretical knowledge and applied knowledge.

Law is a discipline which straddles the fence between the theoretical and the practical, inasmuch as it engages in conceptual/intellectual issues, but concurrently, must be able to be applied in the everyday lives of people.  For example, in domestic relations law, there are overarching conceptual principles focusing upon what constitutes “the best interests of a child” in a custody battle, but in the end, the practical application of determining a workable visitation schedule must be hammered out between the parties involved.

Similarly, in Criminal law, while a society may adopt a conceptual apparatus as to whether “reform” is the goal or “punishment” is the justifying foundation for a lengthy incarceration imposed, nevertheless, in either case, society must consider the practical issue of protecting its citizens from further harm which may predictably be committed by the party found guilty.

In a similar fashion, for Federal employees and U.S. Postal employees who file for Federal or Postal Disability Retirement benefits through the U.S. Office of Personnel Management under the FERS system, knowing the Law and cases governing Federal Disability Retirement is essential in engaging the bureaucratic process, precisely because Federal Disability Retirement benefits is not merely about the medical condition in and of itself, but involves a complex consortium of issues in relation to the job one is positioned in, whether the Agency can accommodate an individual’s medical disabilities as well as what constitutes a legally-viable accommodation, as well as a whole host of other similar issues.

Here, knowledge precedes application, and having a ‘working’ knowledge of the laws governing Federal Disability Retirement in order to apply it at each stage of the administrative process is a necessary prerequisite before considering even applying for the benefit.  Yes, there are rare cases in which the medical disability is so severe and clear-cur that the medical documentation is and should be sufficient unto itself; but that is a rare case indeed.

As such, at whatever stage of the process one finds oneself in the Federal Disability Retirement bureaucracy, you may want to consult with an OPM Disability Attorney who specializes exclusively in Federal Disability Retirement law in order to have not only the knowledge but the practical application of proceeding against the U.S. Office of Personnel Management in fighting for your FERS Disability Retirement benefits.

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.

 

Office of Personnel Management (OPM) Disability Retirement: Village Narrative

When was it lost?  Does it become fractured and irrelevant once a society grows too large, looms too complicated, decides to go off in different directions?

Once upon a time, villages had a specific narrative, identifiable, accepted, the mythology of its unique character.  If you came from Village-X, you knew the narrative — the story of your group, where you came from, what gods controlled the universe, who fought bravely, how you came about.  A stranger from another village had a different narrative; it was called Village-Y-narrative.  They had strange ways.

Perhaps there was trading between the two; sometimes, inter-marriage occurred and the complications of rearranging belief-systems to accommodate any differences had to be allowed for.

In today’s society, the village narrative has all but disappeared.  Not only has it disappeared — but even within the fractionalization, there are further micro-fractures, where no one can agree even upon the most fundamental of core beliefs.  That is when empathy disappears, replaced by laws and statutes to maintain some semblance of order and structure.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows for the Federal or Postal employee to perform all of the essential elements of one’s Federal or Postal job, the village narrative of working as a “team” with the Federal Agency or Postal Unit can no longer remain compatible.

Does the Agency show any empathy?  Or are they simply ignoring the problem?  Will you be placed on a PIP?  Will you be terminated?  Is the “village” out to banish and get rid of you?

Contact a Retirement Lawyer who specializes in OPM Disability Retirement Law.  It may be already time to find another “village”, inasmuch as the current village narrative no longer includes you.

Sincerely,

Robert R. McGill, Lawyer

 

Federal & Postal Disability Retirement: Proof of a Case

The standard itself is a criteria of inherent subjectivity; and, as with everything in life, it is the power of persuasion that must be employed.

Yes, of course there are a set of minimal, foundational “basics” of proof which must be submitted: Medical documentation establishing a diagnosed medical condition; the “nexus” with one’s Federal or Postal job; but beyond, there are “negative” issues which must be “proven” — of performance which has been diminishing or deteriorating; of an “essential” element of the job that has been suffering (don’t forget that being able to come to work on a regular basis is in and of itself an “essential element”, as well); of the fact that your Federal Agency or Postal facility is unable to “accommodate” your symptoms or the disability from which you suffer; and all of this to be proven by a “preponderance of the evidence”, which can vary in spectrums of subjectivity that must be taken into account.

For the Federal or Postal employee who is considering filing for Federal Disability Retirement benefits under FERS, the proof of the case is many and varied, and you should consult with an attorney who specializes in Federal Disability Retirement Law, lest the proof of the case falls short of what it takes to meet the eligibility criteria of a Federal Disability Retirement case.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Choices and Regrets

The two go hand-in-hand, although we may not necessarily see them as unalterable couplets forever ensconced and inseparable. Instead, we often make choices, then afterwards, express our regrets without having learned from the process of “choice-making”.

Choices available are often unanalyzed and nebulous; left to appear, remain inert and ignored; the “active” part of a “choice” is when we engage in the act of “choice-making” — of engaging our minds with an inactive but available “something” — a choice there, but lifeless until the activation of our choosing invigorates the inertia of indecision.

Regrets, on the other hand, are comprised by the dust of past choices made. Once settled, they remain in the hidden caverns of forgotten memories until, one day or hour, or moment of quietude when we have the time to reflect back, the unsettling of the dust collected is stirred and rises from the ashes, like the mythological Phoenix that appears with wings spread and ready for flight into our imagination and stabbing at the vulnerabilities of our inner soul.

We regret that which we have chosen; and like the past that haunts, such regrets are ever so painful when once we recall the choices available and the ones we made.

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 and position, the next steps taken — of choices being made in whether and how to file for Federal Disability Retirement benefits — are important in determining whether regrets will follow.

Consult with an attorney who specializes in Federal Disability Retirement Law, lest the choices to be made will result in regrets later recalled; for in the end, it is the choices that determine the future course of success, and not the regrets that harken back the past of lost opportunities.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: The period in-between

It is the squeeze that we abhor, the suspension of life during that time.  Like the craven soul that is relegated to purgatory or the mass murderer that must await the culmination of the sentence imposed, it is the period in-between that is wasted because we are frozen in time by the certainty of the past already ensconced and the future that is determined but yet to be fulfilled.  That is the rub, isn’t it?

The uncertainty; whether the future can be altered or modified; or has fate already made an irreversible decision and judgment?

When Scrooge encounters that ghostly apparition representing the future in Dickens’ classic tale, A Christmas Carol, isn’t that the question posed – whether the course of future events as foretold could be altered, modified, reversed or otherwise replaced?  But while we wait, what can be done?  For, in reality, it is too often thought that only the judgment rendered can then be worked upon, worked around or somehow accepted submissively as fated karma that cannot be countered.

Thus is that the reaction of Federal and Postal workers who 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 the Federal or Postal position – it becomes the period “in-between”.

It is the “in-between” doctor’s appointments to see whether there is any hope of getting better; “in-between” performance reviews to see if anyone at work has noticed; “in-between” temporary teleworking arrangements to see if the Federal Agency can extend the authorization; “in-between” surgery and recovery to see if you can go back to full duty; and on and on, “in-between” the crazy universe of a medical condition and a dying hope for a future withering on the vines of other’s expectations.

It is like being stuck in mud, frozen in time, watching as the impending future comes upon you.

However, there is an affirmative step that can be taken to begin the process of altering, modifying and changing the course of an expected future event – by preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

While filing a Federal Disability Retirement application may not be a solution to the medical condition itself, it is a step towards altering and modifying the course of future events that are controlled by the Federal Agency or the U.S. Postal Service, by accessing an employment disability benefit that recognizes that you can no longer perform the essential elements of your particular Federal or Postal job, but there may be other things in life that you may be able to pursue.

That is how the period in-between can better be embraced, by making sure that the future does not end with a definitive period at all, but merely by a comma that represents a brief pause.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: Admitting defeat

It is probably the single most difficult thing to do in life, and its inability reflects upon the abysmal state of education, both higher and lower.  The manner in which education is perpetuated – where “right answers” receive accolades and admitting of defeat merely alters the pecking order of who is admired and who are relegated to the detritus of human society – merely reinforces the greater loss of empathy, the destruction of civility and the coarsening of society.

Facebook, too, merely perpetuates the focus upon destroying an opponent and quieting any voices that may provide a quiet revolution, as alternate voices are silenced into submission by mere meanness of bombardment and repetition.  Some would applaud this all-too Darwinian approach as merely reinforcing the innate nature of “survival of the fittest” – for, admitting defeat is tantamount to revealing weakness, and the weak are mere fodder for the strong and stronger.

Whether in argumentation of discourse or fighting battles, wars – real or virtual – or verbal encounters characterized as harmless skirmishes on the Internet, it matters not anymore the manner in which one prevails, only that one does reach the apex of any endeavor, profession or undertaking.

Once upon a time, there were some rules of engagement – of a civil discourse where debates were conducted in quiet tones and respectful venues, and where humility called for admission of recognizing the greater argument which results in establishing the goal for the greater good.  Now, it matters not the means; for the end justifies the means and if you can shout down the opponent, lie about the facts and cheat around the strategy, it is the winner who is looked up to and the victor who walks away with the spoils.

For Federal employees and U.S. Postal workers who 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 one’s Federal or Postal positional duties, it may be that the best way to avoid admitting defeat is to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, but somehow one’s priorities have become skewered in this obsessive-world where admitting a medical condition is tantamount to admitting defeat, as opposed to merely recognizing the limits of human endurance and the frailty of the human condition.

Fortunately, the rules governing Federal Disability Retirement benefits allow for the Federal or Postal employee receiving Federal Disability Retirement benefits to go out into the private sector, or even into the state or local government, and work at another job or vocation and make up to 80% of what one’s Federal Government or Postal job currently pays, and thus, to that extent, obtaining a Federal Disability Retirement annuity is not considered admitting defeat, but merely a change of venue in the pathways of life’s complexities throughout.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: In the “not working” world

Excellence is rarely seen; the artisan is dead to the world; and we all struggle through knowing that trinkets from foreign countries symbolize the incompetence of the universe in which we must continue to exist.  Something is not working.  We all know it, feel it, worry about it and whisper in circles where such things are concealed and rarely revealed.

Life is formed by multiple concentric circles; we live within various spectrums of such parallel universes, sometimes entering into one and exiting another; at other times, remaining stuck in between.  There is the objective reality “other there”; there is, then, the subjective world of our own thoughts, emotions, anxieties and unspoken soliloquies.

There are “worlds” out there that we know nothing about – of corporate boardrooms where issues are discussed that we only read about; of high places and conspiracies; of dungeons in other countries where unimaginable torture and cruelty are conducted; and all throughout, we remain within the narrow concentric circle of our family, friends, the limited sphere of people we know, and the problems that loom large within the consciousness of our own worlds.

Throughout, we know that there was once a time, long since past, where the world worked better; maybe, perfection had never been achieved, but the age of politeness, of courtesy, of communities actually caring and thriving; or, perhaps that existed only in those old black-and-white television shows like “Leave it to Beaver” or “Happy Days” (yes, yes, the latter one was in color).

There is a sense, today, that something is not working; that we live in a “not working” world, and no repairman can be called to “fix it” because no one has the skill or expertise to diagnose the problem, and even if there were such a person, we don’t quite know what the “it” is, anyway.

It is quite like a medical condition that begins to impede, to impose, to interfere – like Federal and Postal employees who have dedicated their entire lives to working for a Federal Agency or the U.S. Postal Service, then are beset with a medical condition that begins to impact one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal position.

What does one do?  Can the doctor “fix” it?  Often, we have to simply live with it.

In those circumstances, the Federal or Postal employee who suffers from a medical condition and can no longer perform all of the essential elements of the Federal or Postal position, who lives in that concentric circle of a reality of living in a “not working” world, must consider the next steps – of preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, in order to step into another concentric universe of sorts, and move on in life.

Sincerely,

Robert R. McGill, Esquire

 

 

Federal Disability Retirement from OPM: Identity Crisis

It is how we view ourselves as one entity among others; where the I-Thou relationship corresponds to the perspective we have of ourselves, of others, and within the micro and macro-communities we engage and with which we interact.  Who we are; how we see ourselves; what constitutes value and worth; whether productivity is defined merely by the volume of paperwork shuffled, or in the manufacturing of items shipped to far-off places; and the constancy of eyes which discern the essence of a person’s place in society.  One’s identity is intimately and intangibly intertwined with one’s job, profession and vocation of choice — or where one simply “fell into” the morass of growing from teenager to adulthood.

For Federal employees and U.S. Postal workers who begin to suffer from a medical condition, such that the medical condition impacts one’s livelihood, the vocation one has aspired to for the past few years, decades, and throughout one’s lifetime; or for the Postal worker and Federal employee who have viewed the position as merely a “pass-through” job in order to obtain certain credentials and qualifying clearances; in either cases, when a medical condition begins to prevent one from performing one or more of the essential elements of one’s positional duties, there often erupts a crisis of identity, precisely because of the intimacy between one’s health and one’s capacity and ability to work.

The proverbial “identity crisis” occurs precisely because of the intersection between the tripartite conditions which society has placed with a burden of chaotic rationale:  Who we are; What we do; Our value tied to productivity and “doing”.  Where health begins to deteriorate, the ability and capacity to remain “productive” diminishes; regression of “doing” reduces one’s market value in a society which idolizes comparative worth; and as what we do becomes less valuable, who we are shrinks in the eyes of the macroeconomic stratosphere of societal valuation.

Time to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.  For, when the Federal or Postal employee begins to embrace the identity crisis of this vast bureaucracy of the Federal sector or the U.S. Postal Service, it is time to move on.

“Moving on” is to simply accept the devaluation system of monetary policy of the Federal agency and the U.S. Postal Service; but it is the personal identity crisis which must always be dealt with, and for the Federal or Postal worker who suffers from a medical condition, such that the medical condition begins to impact one’s perspective of self-worth, it is time to exit from the abyss of deterioration, and take the positive and affirmative step by preparing, formulating and filing for Federal Disability Retirement benefits through OPM, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Blemish upon Historical Pride

People often get sidetracked upon irrelevant or peripheral issues of little to no consequence.  In the greater order of things important, it is self pride which often inhibits, prevents or otherwise delays the advancement and progression of self-interest.  One often hears people boast about never having missed “a day of work” in twenty years, or of the longest streak in some sports about games played, or consecutive appearances; or, that one has never taken a vacation.

But what of the quality and content of one’s work?  And, more importantly, where is the proper balance within the tripartite interaction between self, community and work?  When there is such weighted disproportionality of emphasis upon one, the other two must by necessity suffer.  For, the engine which propels such boasting of historical intactness is not one of a drive for excellence, but to merely maintain an unblemished historical record.  But records of inconsequential issues are quickly forgotten, and rarely besought; and when the impact of such maintenance of irrelevancy is upon one’s health, the dire reverberations foretell of impending doom.

For Federal employees and U.S. Postal workers who strive on merely to avoid a blemish upon one’s historical pride, despite the manifestation and impact of an injury or illness upon one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal positional duties, the issue to be confronted and overcome is the self-pride of one’s hubris, leading to a certainty of self-immolation and destructive behavior.  Wisdom is partly defined by one’s ability to perceive the changing of circumstances, and to adapt accordingly.  Fighting an irrelevant cause at the expense of one’s health and future security is the antonym of wisdom, and constitutes foolishness.

Consider preparing, formulating and filing for Federal or Postal Medical Retirement benefits through the Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset.  When health becomes the paramount perspective of questioning within the tripartite intersection of issues to consider, then wisdom must prevail; and avoidance and neglect of the evolutionary code of self-preservation is an indicator that smart living has been replaced by the irrational fear that a blemish upon one’s historical pride is a factor even being considered by the greater universe of implacable uncaring.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement from Federal Government Employment: The Echo Chamber

In media, it is the homogenizing effect of drowning out all non-conforming ideas, such that truth becomes the repetition of a lie, or at least the dominant perspective envisioned via a safe environment of simplicity.  To be different is to challenge, and any disruption or potential pause to the status quo means a necessary change to present circumstances.  That is why bureaucracies tend to resist alteration, like the chameleon which stands before a world changing at a pace of warp speed, ensconced in its evolutionary rigidity, unable to adapt but for its genetic code of survivability.

Medical conditions often represent such a threat to the status quo; it is something “different” to deal with, and when asked in terms of “accommodating” an individual with a medical condition, it may mean that others are called upon to alter the staid old ways of doing things.  Further, it is a reminder of one’s mortality and vulnerability, as a walking exclamation point that “but for the grace of…”

For Federal employees and U.S. Postal workers who must contend with such a dualism of reminders, the resistance is palpable, sometimes hidden, often open in hostility and uncaring.  Does filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee who is injured or suffers from a medical condition, seem like “giving up” and “giving in”?  Is there a further point to be made by the Federal or Postal worker who continues to hang on and stay in, “fighting the good fight”, but now more towards internal acrimony as opposed to the “common enemy” of those outsiders who oppose the mission of the agency?

Once, when life was carefree, and we were caught in the womb of warmth where ignorance was bliss and the worries of our youth amounted merely to whether our moms would tuck us in at night, the shattering of reality and of “grown-up” things suddenly came to the fore, and then we stood, alone, facing that uncertain future which our forefathers whispered about, and to which we giggled and strained to hear.

But for the Federal and Postal worker who suffers 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 one’s Federal or Postal positional duties, beware of the echo chamber of life’s misgivings, as it may drown out the only voice of reason which calls for filing for OPM Disability Retirement benefits and “moving on” with life, leaving behind the rest and residue of causes long forgotten and left unopened, like a gift without a child, and a teardrop absent knowing eyes.

Sincerely,

Robert R. McGill, Esquire