Federal & Postal Disability Retirement: The Environment

There is pervasive talk about the importance of containing toxic waste dumps, keeping our air and water clean; of limiting the dumping of animal feces into our oceans, rivers, streams, etc.; and, indeed, there are agencies and departments created by State, Federal and Local governments devoted to enforcing laws designed to protect us and preserve the pristine condition of our “environment”.

But what of toxic environments of another sort?  What of the poison inserted through malicious intent?  Of the constant harassment and hostility used to intimidate, cower and attain submissive unraveling of defiance?  For those, there are designated courts, commissions and laws passed to protect, for purposes of prosecution and pursuit of money damages.  Of course, the results from either and both arenas of judicial relief are difficult to quantify; whether and to what extent pollutants were introduced into the environment, and by whom; or of what level of toxicity caused harm and damage to an individual; the qualitative measure of damages is always difficult to ascertain.

It is, ultimately, only from the personal perspective and experience that one can gauge the damaging results.  For the Federal employee and the U.S. Postal Worker who suffers from a medical condition, such that the medical condition begins to impact the capacity to perform one or more of the essential elements of one’s job, there is often a parallel track of pursuing Federal Disability Retirement benefits and concurrently to go after the individuals or organization that discriminated because of the disability acknowledged and recognized.  For the Federal or Postal employee who attempts to secure some semblance of “justice” in the process, the goal of the law has been misdiagnosed:  Justice is not the stated teleological motivation of statutory relief; rather, it is a means to appease.

But at what cost?  To what end?  By whose measure?

Filing for OPM Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, sets a specific goal:  cut one’s losses and move on in one’s life.  By filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the Federal and Postal employee is able to leave the toxic environment which may have even contributed to one’s medical condition or disability, or at the very least, exacerbated it; by fighting it, one must remain within the very environment which one is attempting to escape from.

Like Father Damien of Molokai who helped lepers live with dignity as a separate individual from without, but who later contracted the disease and died as “one of them” within, the Federal or Postal employee who files for Federal Disability Retirement benefits may want to consider the consequences of the dual track of environmental toxicity before taking on a behemoth of mythical proportions, as opposed to preparing, formulating and filing for Federal Disability Retirement in order to exit the poisoning atmosphere.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Dissipated Dream, Delayed

It is an enjoyment and pleasure of the highest order, and yet costs nothing; if remembered, the visual residue can be stored in the safety deposit boxes of one’s memory, “as if” it actually occurred; and retrieving the memories can be as vividly regurgitated in the virtual reality of its existence, as that of having actually been there.

Dreams, if remembered, can be as real as memories of experienced events.  No, they cannot be videotaped (at least, not yet); and the money exchanged, the actions engaged or the people we meet in the fantasy realm of our self-contained consciousness, do not translate well in the harsh reality of everyday life.  And then we open our eyes, and unless we deliberately try and remember the images so vividly splashing upon the walls of our eyelids just before the flutter of opening them, they dissipate into the ethereal universe of some mysterious universal consciousness.  But what of the other sense of a dream — that of youth’s future endeavor and plans of greatness?  Of the many places desirous of visiting, the encounter with a kindred spirit yet to be fulfilled, and the pleasures of momentary categories of accomplishments?

Medical conditions have a tendency to dissipate such dreams, to scatter them across the cold and harsh tundra of reality, and to stamp them into the frozen plains of time.  But a dissipated dream need not be destroyed; it may merely be delayed.  Federal Disability Retirement can allow for that eventuality.  What others deem to defecate, one need not accept as the final word.  No, it is not the monetary payment of a Federal Disability Retirement annuity which will burst forth with riches of dreams delayed; rather, it is the opportunity to attend to one’s medical conditions, such that the medical conditions may be somewhat resolved, the nightmare put behind, and linear progression of life’s plans restarted.

For the Federal employee or the U.S. Postal worker, filing for OPM Disability Retirement benefits, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, should merely be a bump on the road.  While some Federal and Postal employees may consider the entire bureaucratic process of filing with the U.S. Office of Personnel Management to be akin to a nightmare of sorts, it is the path out of one’s rut of dreamless nights.

Dare to dream; never believe that the dream dreamed is a dissipated dream; rather, dreams of one’s subconscious, just as the childhood one of unrealistic plans for the future, should merely be a delayed embracing of that which is larger than the smallness of our fears.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: An Expectation of Disaster

Most lives are lived with an expectation of unease; if things are going smoothly, we look with suspicion at what will come from around the corner; if calm and quietude prevails, we consider it merely a precursor to a major storm; and if good fortune comes our way, there is a leeriness as to the strings attached.

Perhaps distrust is based upon justifiable historical events; or, as news is merely the compilation of tragic events gathered into a compendium of daily interests, so our skewed perspective of the world merely reinforces what our childhoods entertained.  With a foundation of such natural tendencies to see the world with suspicion, when a medical condition impacts a person, the expectation of crisis is only exponentially magnified.

Suddenly, everyone becomes the enemy, and not just the few who are known to lack heart; and actions which were previously normative, becomes a basis for paranoia.  Chronic pain diminishes tolerance for human folly; depression merely enhances the despair when others engage in actions betraying empathy; and the disaster which was suspected to be just around the corner, closes in on us when pain medications fail to palliatively alleviate.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent one from performing all of the essential elements of one’s job, the bifurcation between the personal and the professional, between play and work, often comes crumbling down upon us, and signs of potential trouble portend to indicate to us that it may be time to “move on”.  That impending sense of doom?  It may be upon us.  That calm before the storm?  The reality of what the agency is contemplating may prove you right. And the potential loss of good fortune?

Agencies are not known for their patience.  For the Federal or Postal employee who is no longer one of the “good old boys” of the network of productive employees because of a medical condition which is beginning to impact one’s ability to maintain a daily work schedule, or perform at the level prior to the onset of a medical condition, consideration should be given to 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.

Time is often of the essence, and while most expectations of impending disasters are unfounded, the behavior of Federal agencies and the U.S. Postal Service can never be relied upon, any more than the weather can be predicted a day in advance.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: External-Internal Linkage

Thoreau’s observation that the mass of men lead “lives of quiet desperation” holds a profound place in daily acquiescence to the stresses of modernity; the influence and linkage between the internal workings of biology, psychology and the interplay upon health and wellbeing, and the greater macro-impact from the inevitable encounters with the external, objective world of phenomena, cannot be ignored or otherwise avoided.

The rise of self-help methodologies, of yoga, meditation, exercising and diversionary activities, is merely a reflection of the exacerbation of the internal connection as directly impacted by the external world; the linkage is there; we simply fail to otherwise recognize or acknowledge it.  Stress in the workplace is an accepted part of one’s employment; it is when stresses rise to the level of a hostile workplace that the law allows for some form of alleviated responsiveness.

But filing lawsuits, confronting the obvious, and publicly decrying boorish behavior and actions constituting illegal harassment often compounds the internal turmoil fraught with stresses upon one’s psyche; and one wonders in the end, who wrote the laws governing the litigation of such employment disputes, as special interests from trial lawyers to employers, union conglomerates to corporate lobbyists all had a hand in writing up a statute to protect the singular employee of limited means.

“Quiet desperation” infers resignation and defeat; and for many, the image of the rugged individual who stands alone to fight until death or destruction is the standard to compare one’s own limited power and actions to be employed.  But as the internal linkage to the external world cannot be denied, so health and well-being can be destroyed by the interplay with a continuing hostile workplace.

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 Federal or Postal job, insistence upon continuing one’s chosen career is often a choice to the detriment of the internal affairs of man, with little impact upon the macro-efficiency of the agency.

Federal Disability Retirement is an option of choice for the Federal or Postal worker who is under FERS, CSRS or CSRS-Offset, and is often mandated by the deteriorating health of an individual (internal), necessitated by the inability to perform all of the essential elements of one’s positional duties (external), and by showing by a preponderance of the evidence that the former impacts the latter (linkage), one can qualify for the benefits and salvage the quiet desperation enveloping and engulfing the insular life of an individual seeking help in the dark meanderings of a lonely outpost, where the echoing howl of a single wolf reaching out to the eclipsed moon on a cold and windy morning represents not an animal in distress, but a recognition that the wider world out there is part of man’s destiny for things greater than showing up for work to follow the demands of a bureaucracy lacking of empathy or concern.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement from the U.S. Office of Personnel Management: Catch of the Day

Restaurants announce it; law enforcement offices declare it; con artists make a living by it; and agencies sneeringly pounce upon them. They are the designated focus for the day, often longer, and sometimes until they disappear from the depths of abundance which the season and migration of schools allow.

When one is a Federal or Postal Worker, becoming the “catch of the day” can mean that you are the targeted one; the one whom harassment and daily persecution becomes the norm and routine, and having such a reputation allows for the safe haven of others who exhale a loud sigh of relief for being spared such an ignoble designation. Once the target, agencies never let up. Whether it leads to a PIP, multiple suspensions, letters of reprimand, sick and annual leave restrictions on usage, doesn’t quite seem to satisfy the insatiable appetite of the persecutors.

Yes, there are some countermanding moves: EEO complaints; grievance procedures filed; even lawsuits and resulting awards of significant verdicts, on rare but victorious occasions. But the human toil expended rarely justifies such moments of rare glory; and for the individual who suffers from a medical condition, the juggernaut of the agency’s reserves and reservoir of implements and infinite resources of persecution means that a time of respite is merely temporary.

Federal Disability Retirement is a benefit which one must consider when the coalescence of a medical condition, agency actions, and the recognition that one is unable to perform all of the essential elements of one’s job, comes to a tripartite sequence of combined consonance.

Filed through the U.S. Office of Personnel Management, the Federal or Postal employee under FERS or CSRS has the opportunity to receive an annuity, and still go out and begin a new career in the private sector, and make up to 80 percent of what one’s former Federal or Postal position currently pays.  It is a consideration which should always remain a viable option, lest one’s picture remain with a bullseye depiction alongside the declaration that you are the agency’s “catch of the day”.

Sincerely,

Robert R. McGill, Esquire

 

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