Federal Employee Disability Retirement: Sound Advice

Sound” is a word which completely changes its meaning when combined with the word “advice”.  Taken separately, independently and in isolation, the word when articulated will not evoke the meaning produced by the combination, but rather, of noises one may hear, a song one is particularly fond of, or the voice of a familiar person, etc.  When placed together with the word, “advice”, it takes on an entirely separate meaning: Of being solid, reliable, truthful, etc.

Of course, one can also argue that it is merely a repetitive tautology, unnecessary and redundant; for, “advice given” should, by definition, be sound to begin with, otherwise it is neither advice nor sound and the duality of the meaning doesn’t add anything one to the other.  But clearly there is such a thing as bad advice, or advice which is “not sound”, and so there is a reason to combine the two words together, for the word “sound” does indeed add something to the word “advice” to combine and make up the concept, “sound advice”.

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, what is often lacking in the field of Federal Disability Retirement is not only “sound advice”, but any advice at all.  Agencies don’t want to disseminate information about Federal Disability Retirement; Supervisors and Managers offer ignorance as an excuse; and even your own Human Resource Office is deliberately unhelpful.

Consult with a Federal Disability Retirement Lawyer and obtain some sound advice, lest the soundness be less than sound and the advice becomes one which is regrettable.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Benefits: Troubled Life

Is it a redundancy and a tautology to put the two words together?  For, one may assume that every life is “troubled”, and everything in the universe that is troubled involves a “life”.  So, if one concept necessarily entails another, why do we even have to bother to explicitly point out the co-dependent concept?  Thus would one say if you hear the word, “Life”.  Oh, then it must be troubled.  Or, if you heard someone mention that there was “trouble” in such and such a place, you would merely add, “Oh, yes, there must be a live person there, then.”

Of course, one could argue that the reason why we must clarify one concept with another is because (A) A different and separate concept can also be attached to the other word and (B) It is not necessarily so that an if-then conditional exists — meaning thereby that there are, arguably, “untroubled” lives as well, as least for brief moments in the life of an individual.  As one pastor was heard to say long ago, however: “Where there are people, there are problems.”  True enough.

To live a life for any length of time is by necessity to encounter problems and troubles; for, that is the nature of human existence.

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 job, “trouble” becomes exponentially pronounced because of the impact upon one’s life that a medical condition necessarily brings.

Filing a Federal Disability Retirement application under FERS, of course, can often mitigate the trouble and help one live a life that is less troubled, by allowing the Federal or Postal employee to focus more upon one’s health and less upon the adversarial nature and friction which arises from one’s inability to perform all of the essential elements of one’s Federal or Postal job.

Consult with a Federal Disability Retirement Attorney to discuss the possibility of preparing, formulating and filing an effective Federal Disability Retirement application under FERS, and see whether or not “trouble” does not necessarily have to entail “life”.

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 & Postal Disability Retirement: The persistent tinnitus of life

The root word that contains a valid diagnosis of a medical condition, sometimes comes about gradually, others at a persistent rate of uncommon urgency; and whether by emanation of a serious, primary condition such as Meniere’s Disease, a brain tumor or cardiac elements impacting upon the heart or blood vessels, or mere residuals from a short-lived ear infection, the low, persistent ringing can interrupt and disrupt focus, concentration, attention to detail, and lead to depression, anxiety and panic that the idea of sounds being heard without the objective world recognizing or acknowledging them, can indeed be disturbing.

Tinnitus is a serious medical condition; yet, while we seek treatment for such a state of health deviancy, we allow the persistent tinnitus of life to surround, abound and confound us throughout.  The persistent tinnitus of life is almost an unavoidable juggernaut in modernity.   Yes, we can make the inane argument that, as we are the gatekeepers that can allow, deny or limit the access granted on any given day, who can withstand the active and passive onslaught of daily and onerous, oppressive bombardment of the multitudinous spires of high-speed jettisoning of such information overload on a daily, consistent basis?

From blaring headlines screaming while standing passively in a grocery store, to gas pumps that speak back to you with the selective entertainment headlines of the day; from unsolicited advertisements personalized to one’s computer based upon information provided and shared despite every precautionary steps taken, to mediums of electronic communication that are depended upon and mandated in this day and age just to remain employed; we cannot put a wall between the need for a soul’s quietude and the persistent tinnitus of life.  If not completely, then how about in some limited form?

The trick, then, is not to succumb completely, nor attempt to sequester one’s self in a hermitage of complete abandonment; rather, to selectively distinguish between information of useless human detritus from that of relevance and significance; in short, between Orwellian linguistic garbage and that which constitutes “wisdom”.

For Federal employees and U.S. Postal workers who are contemplating 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 importance of limiting the persistent tinnitus of life applies to the process of preparing, formulating and filing an effective Federal Disability Retirement application, especially by recognizing the distinction between truth and falsity, between objective facts and inaccurate innuendoes; for, in the end, the medical disability retirement application must contain the facts to persuade, the evidence to establish, and the legal arguments to consider, and in order to do that, one must resist the persistent tinnitus of life.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: Parting grace in silence

Does grace extend even when the intended recipient is unaware of its attachment?  Can the undeclared withdrawal of revenge justified have its own inherent rewards, without the unsolicited admission left silent by anonymity undaunted?  If given the choice between leaving the scene where injustice prevailed and dominated – of wreaking revenge or parting grace in silence – which would we choose?

Of course, there is a greater contextual awakening to be narrated before such an event would occur – of quietly enduring the daily harassment, the constant criticism and demeaning remarks; of refuting, rebutting and reacting, as against an agency that initiates adverse actions one after another in sequential persistence of unfettered meanness.

From that erupts the natural tendency in thinking:  “They can’t get away with this”; or, “If I have to spend my last dime, I am going to get even with them.”  Yet, is the cost of revenge worth the time, effort and expenditures depleted?  What does it mean to attain “justice” in an unjust world?  If a verdict is rendered or a settlement reached, what is the barometer by which one has regained one’s reputation, reestablished that one was ‘right’ or recuperated the toil of anguish and angst expended?

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, is not a surrender of one’s soul to an agency that has not, will not or otherwise cannot accommodate one’s medical conditions.  Rather, it is an admission that there exists an incommensurability between the particular position occupied and the medical conditions suffered.

That is the point made in the case of Henderson v. OPM, in which the U.S. Merit Systems Protection Board reiterated the alternative but equally valid approach in proving a Federal Disability Retirement case by a preponderance of the evidence:  a 1-to-1 ratio between a medical condition and an essential element of one’s Federal or Postal position is not the only methodology in establish a medical condition such that the Federal or Postal employee becomes eligible and entitled to Federal Disability Retirement benefits, but additionally, a showing that there is an incompatibility generally between the position occupied and the medical conditions suffered is also a basis for granting a Federal Disability Retirement benefit.

Whatever workplace issues have been a part of the content and context of a Federal or Postal employee needing to file for Federal Disability Retirement benefits, once that decision is made to prepare, formulate and file for Federal Disability Retirement, one might consider this:  The past has passed; the present must be endured while waiting upon a decision by OPM; the future is based upon the decision of the U.S. Office of Personnel Management; and in the meantime, where do you want to expend your energies?  You may want to consider parting grace in silence, instead of spinning the proverbial wheels heaping reactive acts of futile counterpunches upon those who know not the terms of justice.

Sincerely,

Robert R. McGill, Esquire