Disability Retirement under FERS: The Pressure Cooker

As a practical device, it retains nutrients and cooks various foods faster because of the intensity of the heat, thereby quickly forcing nutrients out into the cauldron of mixed vegetables, all the while tenderizing the tough meat.  As a metaphor, it represents a symbol of the human condition: Stolid on the outside, reaching uncontrollable and explosive currents beneath the surface.

Other metaphors often accompany the picture of the pressure cooker: The “walking time bomb”; the “short fuse”; the “screaming boss” and the “fragile psyche” — these and many more describe the state of modernity’s human condition.  And the picture of the final straw that breaks the camel’s back — of the slow, subtle, incremental and progressively destructive forces which cumulatively burden the back of the beast until the final straw breaks it under the weight of stresses no longer bearable.

Life is difficult; and when a medical condition adds upon the pile of troubles we burden ourselves with, the image of the pressure cooker comes to the fore.  The chores that we leave undone; the work that demands; the relationships which wither; the time that is irredeemably lost; these, and many more, fall into the mixture of the pressure cooker that has no more nutrients to offer.

For Federal employees and U.S. Postal Workers who suffer from a medical condition such that the medical condition has added to the pressure cooker of life’s travails, it may be time to contact a FERS Disability Attorney to consider representation for filing an effective Federal Disability Retirement application.  The pressure cooker is meant to serve, not to destroy; but if the pressure building gets to a certain level beyond the danger point, it is well past the time to consider filing a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Benefits: The Resistance

The initial reaction to such a title is the obvious one: To what?  Of course, Newton’s Third Law of Motion comes immediately to mind — of every action having an equal and opposite reaction; thus, when one posits a “resistance”, the natural query must refer to its opposition, as in, “What is it that we are resisting?”

Throughout our “stages of life”, we either comply, conform, “go along with the crowd” — or resist doing so.  There are “middle” ways, of course, and yet to compromise and resist “half-way”, or in a half-hearted manner, often seems to ruin the whole point of any resistance, doesn’t it?

If one is to be a revolutionary, the point is to be one completely, or not at all.  During the Sixties, there was the famous line (often misattributed to Abbie Hoffman, the Beatles and others) which declared that the movement’s participants would “never trust anyone over 30” — spoken by Jack Weinberg in response to a hostile interviewer.  The underlying point of the statement is quite clear: By the age of 30, most people have “sold out”, conformed, lost their youthful vigor to resist; or, put more simply, accepted the status quo and have become cynical.  Yet, isn’t there a natural inclination to “belong”, to not stand apart from the crowd, and to be able to live a quiet, unassuming life?

“Resistance” can thus have a duality of meanings — it can imply that one is part of a movement involving resistance to the status quo or, even its opposite; that one resists change and is integrally a participant of the status quo.  Resistance to change is the greater dominating force.  Change is a fearsome entity where the unknown is to be avoided at all costs.  To be a part of “the resistance” that refuses to conform — well, that is best left to those under 30, unattached and without obligations and responsibilities.

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, resistance to change is often the factor that procrastinates, and keeps a person in a “muddle of the middle” where conditions deteriorate but one stubbornly insists upon maintaining the status quo.

But as medical conditions deteriorate and as the Federal Agency or the Postal Service persists in seeking change — by forcing the issue and initiating adverse actions in order to fill the position with a person who is able to perform all of the essential elements of the position — resistance to change must be replaced with becoming a part of the resistance: By preparing and submitting an effective Federal Disability Retirement application with OPM and forging ahead into a future yet unknown.

Remember —even Jack Weinberg became a class of individuals that he resisted, and went on to become a consultant and an adjunct faculty member; in other words, he was once in the “Resistance”, then became that opposite and equal force to fulfill Newton’s Third Law of Motion.

Sincerely,

Robert R.McGill,Esquire

 

Federal Disability Retirement Representation: Private Hells

Wouldn’t a “hell” by definition encompass privacy and insularity?  For, isn’t one of the benefits of commiserating and “sharing” (in the modern parlance) that one expiates the pains and troubles one experiences?  Thus, if a hell is to be a hell, wouldn’t it be in seclusion and in solitary confinement for all eternity; otherwise, the hell described would be less than hell because it would be a lessened state of agony and torture and thus would not be the intended deterrent that such descriptive conclusions would be?

Private hells are the worse kinds of hells, if one were to place them on a spectrum of graduated scales.  It is the hell that cannot be shared with others; cannot be complained about; cannot be dissipated by describing, telling, delineating or implicitly requesting comforting words about; such constitute the worst of torture chambers left in the chaos of one’s mind.  The social animal — the “human being” — is one who derives strength, courage, determination and the will to live by engaging in the very thing that social animals do: talk; tell stories; share troubles; commiserate.

That is often the exponentially exacerbating effect of a medical condition being suffered by a Federal employee — of having to keep it a secret; not being able to be open about it; not sharing because he or she is unable to talk about it for fear of retaliation and the evils of bad intentions.

For Federal employees and U.S. Postal workers who suffer from such a state of private hell, it is time to begin to prepare, formulate and file for Federal Disability Retirement benefits, to be submitted and ultimately decided by the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

The private hell of one’s fears and anxieties concerning the entire administrative process of Federal Disability Retirement is often partly due to the strangeness of it all, and consulting with a lawyer who specializes in Federal Disability Retirement Law is often the first best step in extinguishing those flames of agony that are described in ancient scrolls, lest the private hells become public dungeons that flog the soul beyond what the law allows, which can clearly be explained and contained with a private consultation with legal counsel who can guide you out of that private hell by explaining the process of OPM Disability Retirement.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Distractions

They are the projects of life of which Heidegger recognizes, allowing for avoiding the inevitabilities of life’s challenges; of fate, mortality, future insecurity, and death.  What quantifiable slice of one’s life is governed by distractions?  Must it always be less than 50% in order to remain so, and if it exceeds that halfway point, does it then become something substantive and not merely the peripheral meaning of what it means to “be distracted”?  If a distraction is considered to be an aside – that which waylays a person’s attention by focusing upon a central project of life’s endeavor – what then defines an inversion of that perspective?

Take, for example, the following:  A mechanical engineer is working on a technical project that consumes one’s focus, concentration and attention to detail, but has a unique and eccentric ophthalmological condition, whereby the eyes are compelled to follow any and all red objects that pass by.

Now, the company has attempted to accommodate the medical condition by requesting that no employee shall enter into the mechanical workshop wearing red, but on this particular day, some investors are visiting, and a man in the troop of intruders is wearing a red tie, and a woman in the entourage is sporting a red sweater.  They go from bench station to the next cubicle, within the purview and arc of dimensional periphery of the eccentric man’s attention, and with each movement, every sidelong blur, his eyes are “distracted” by the red moving objects.

Out of every minute of work, fully 45 seconds are spent on focusing upon the red objects that detract from the necessary mental acuity attending to the project at hand, and indeed, while they are far enough away such that from an objective viewpoint, the objects are mere inches in proportion and are of a distance as to almost be unnoticeable to others in the group of engineers, for the eccentric mechanical engineer, it is the focal point of his attentions.

The distraction is such that it disrupts the sequence of testing conditions and interrupts the validity of the technical precision required, and a coworker finally declares, “You’ve been too distracted and the project has to be scrapped.”  Would we agree that, because of the numerical disproportionality of concentration attributable, “red-object observation” takes precedence as the primary project, and it is the engineering project that is the distraction?  Or, because it is a medical condition of which he “cannot help it”, do we excuse the distraction in its entirety?

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 positional duties, the central point made here is precisely how the Federal agency and the Postal facility views the issues significant in a Federal Disability Retirement application.

Federal Agencies and the U.S. Postal Service possess a myopic view of “work”, and even if the Federal or Postal employee is able to continue making valuable contributions to the workplace, they often see the differentiation between “work” and “distractions” as one quantifiable by time alone.  This is too bad, but a reality that must be faced.  For, medical conditions are not mere distractions; they are life’s interludes that can often be faced and overcome, if only outmoded ideas about what constitutes workplace contributions are set aside, and realize that even distractions delaying the central mission of a Federal agency or Postal facility are not the most important, or even of much significance, when it comes to the worth and value of a human life.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: The din of distant darkness

There are often foreboding signs which we conveniently ignore.  In retrospect, how often do we hear of the lament of disregard?  “I never thought…”; “I heard the sound, but –“; “There were some indications, but I just assumed…”  Yet, later, we recognize those telltale footprints, and wonder why the creaking floorboards or the muffled murmur did not raise the cautionary instincts repressed by urge of avoidance.  If we were paid a dollar for every instance where…

Like Jim Croce’s remorseful song, if time could be saved in a bottle from every occurrence of wasteful distraction spent trying to figure out things which could otherwise be discerned through careful analysis, the extent of cumulative superciliousness in trying to act offended or incensed by charges of ineptitude might be reasonably contained.  There is so much noise, these days, that a fresh uptick in the volume of an additional din is barely noticeable.  And when then sound of emitted discordance strums a beat in the distance, who but the expectant and anxious parent recognizes the unique cry of a child’s shrill scream of alarm?

And if the sound is merely likened to darkness, where light no longer creeps between the door left ajar, or the seam between the floor and the locked metal gate, then how are we to recognize the silence of strangled light left abandoned in the loneliness of a world uncaring?

The din of distant darkness is precisely that foreboding sense of what may happen, but based upon “something”, as opposed to a baseless muttering of convictions unfounded when we suddenly “lose it” and cannot extricate ourselves from the frenzy of our own lies.  Much of life is about lying – not necessarily to others (although, we do that often enough, as well), but more to ourselves in order to shield our own fragile psyche from the fears we want to avoid.  But even darkness seen in the distant horizon comes creeping towards us, whether we want it to, or not.

How we nestle in the fears of our own making, or struggle against the timeless reverberations of anxieties unstated and never confessed, is the foundation of what makes for successful living, or failed attempts to conceal the cacophony of numbing onslaughts of life.  Yes, the din of distant darkness is yet merely a warning some months, years or decades away; but for Federal and Postal employees who already have a sense of what is coming, and the inevitability of life’s misgivings, the indicators are probably already there:  a medical condition that will not go away; the intersecting impact between the medical condition and the ability to perform the essential elements of the Federal or Postal position; and the question:  How long can I last?

For Federal employees and U.S. Postal workers who need to start considering the process of preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the din of distant darkness should never be avoided; for, in the end, it will come upon you like a thief in the night, stealthily, and without regard, just as your agency and closest coworkers and supervisors will turn the other eye even when the oncoming rush is about to hit you in a sudden fit of uncaring actions.

Sincerely,

Robert R. McGill, Esquire

 

Medical Removal and/or Retirement from Federal Position: The cultivated soul

The loss in Western Civilization of the pursuance of Truth (note the capitalization of the term, in contradistinction from the mundane daily tropes of common factual observations, such as the classic example of pointing to an object and making a declarative utterance, for purely identification’s sake) has resulted in a vacuum of sorts; the consequences reverberate by group identification and causes aggregated based upon preference and subjective elevation of all things decadent.

No one ever talks about the angels of yore; or of the priority of character, and whether the intellect should rule, the appetitive would be subjugated, and the passions controlled.  All animals have equal rights (or so my dogs always believed, anyway, as if there was ever any question in the household); and the human species no longer retains the lofty position once held, where angels sometimes visited and the gods would intervene in playful fits with fated concubines.

The very idea of a cultivated soul once meant something; now, replacements arrive daily in doses of self-improvement programs, soothing the egos of hurt childhoods and health combines where metamorphosis no longer connotes Kafka’s transformational metaphor of a tortured essence of humanity, but merely the mundane wants and fantasies of stardom and being able to be accepted into the superficial realm of the “beautiful” set.

Kardashian and Kanye aside, the great multitude of goals set, priorities garnered, and teleological ends met, no longer includes the antiquated construct of the cultivated soul.  We certainly continue to give lipservice to such latent antiquities; of how education is all important (though the focus is merely upon the ends — of grades and padding of resumes, as opposed to the substantive content of one’s character); and of becoming a “responsible adult” with independence and empathy of character remaining a striving purpose of life itself (despite the ballooning debt and deteriorating economy which undermines all such youthful goals).

Where did that voice go, vanished and vanquished in the shattered inner self where the quiet reflection once persuaded and convinced us all that the hidden worth of a human being could still rise from the ashes of a regenerated Phoenix, when gods still protected and the shriveled remains of a tortured goblin would scurry away into the far corners of an empty universe?  The cultivated soul always needed time; it required reflection, solitude, and a peaceful self-assurance that the coming days would produce a moment of relapse into the timeless carriages of a rhythmic ride through life’s trials and travails.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition no longer allows for continuation in one’s Federal or Postal position, the concept of a cultivated soul may be of a distance beyond a bridge too far.  Pain, agony; cognitive dysfunctions and progressive deterioration; these are the daily hallmarks for the Federal or Postal employee in the present circumstances and currency of today’s slice of life.  But that is precisely why it is important to prepare an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset.

For, whether the rest of the world recognizes the sustaining force of Truth in a world condoned by Falsity, the objective world still recognizes that the true essence of the human species will always reverberate amidst the cultivated souls, and to attain and achieve that end, one must first get beyond the medical condition suffered, and begin the steps taken towards a plateau of living where health has been achieved, and the quietude of a contemplative moment may yet be grasped.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Application: Eligibility & Entitlement

The two concepts are often confused; for the Federal employee and the U.S. Postal Service worker filing for Federal Disability Retirement benefits, the frustration is often voiced precisely because of the misapplication of the legal import between them.

Eligibility is determined by the contingencies which must be met, the thresholds of prerequisites which must be satisfied:  The Federal or Postal employee must be either under FERS, CSRS or CSRS Offset; the minimum number of years of Federal Service must have been accrued; the Statute of Limitations must not have already passed; further, then, some age limitations need to be considered as a practical matter, to allow for pragmatic justification to even apply.

Entitlement is based upon proof.  As the law is set by statutory authority, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management requires that the Federal or Postal applicant meet certain preset standards of acceptable proof, based upon that which constitutes sufficiency of satisfaction.

The legal standard is based upon a “preponderance of the evidence“; the evidentiary requirement provides that a tripartite nexus be established between (A) the medical condition, (B) the Federal or Postal position which the Federal or Postal employee occupies, and (C) evidence showing that as a result of A, one or more of the essential elements of B cannot be satisfied.  Further, there is the “D” component, and that involves the issue of “reasonable accommodations” and whether the Federal agency or the U.S. Postal Service can reassign the Federal or Postal employee to a similar position at the same pay or grade.

It is only upon the initial satisfaction of eligibility requirements that the Federal or Postal employee can then further investigate whether entitlement is feasible or not.  Thus, “entitlement” in this sense is not based upon meeting eligibility requirements; rather, satisfaction of eligibility prerequisites allows for entrance into the gateway of establishing entitlement.

Sincerely,

Robert R. McGill, Esquire