Tag Archives: how do I apply for permanent medical retirement while working for the federal government?

Federal Employee Disability Information: Bumps along the road

On any trip or travel, how many bumps are felt or experienced along the road?  Many are imperceptible; some are noticeable; a few may be jarring to the effect that it jolts one from the automatic-consciousness-mode of how most people remain while driving.  But what impact does the entirety of the aggregate have upon both the vehicle being driven and the individual sitting behind the wheel?

Take first those almost-imperceptible bumps — what effect do they have, over the life of a car, upon all of the parts, bolts, springs, complex computer systems, etc.?

We know that, over time, stresses and metal fatigue over many trips and upon thousands of miles of travel can result in the sudden breakup of an airplane engine, or when a catastrophic event suddenly occurs where a car stops running or a plane crumbles in mid-flight, we come to the realization that the aggregate of imperceptible bumps can, over time, cumulatively have the effect of a single jarring event.

The fact that they are ‘imperceptible’ doesn’t mean that they don’t exist, nor that they have no impact; rather, it is just that we do not perceive them.  That is the old Berkeley problem in existential philosophical discourse, is it not?  Of the following: Do mountains exist on the far side of the moon despite the fact that we do not see them?  Does perception equal existence, or merely one’s perspective upon an opinion concerning such existence?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition necessitates the effective preparation, formulation and filing of a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the bumps along the road in the complex administrative morass of a Federal Disability Retirement process will be many and sometimes overwhelming.

Some of the proverbial ‘bumps’ may be minor and merely irritating; others, looming large and difficult to conquer.  To ensure that the ‘ride’ is smooth and relatively trouble-free, you may want to consult with an attorney who specializes in Federal Disability Retirement Law, lest the bumps along the road result in a jarring decision of denial issued by OPM.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Unwillingness

What is it about a personality that is unwilling?  Is it pure obstinacy?  Or, perhaps a personality trait of stubbornness that goes against the very nature of a person’s essence?  Such traits or quirks of personalities are interesting, precisely because they can fluctuate depending upon the particular context encountered.

Take, for example, an important conference where negotiations are occurring — say, in the settlement of a lawsuit or the consequential merger of two giant companies, etc.  If one of the principals in the negotiations has a reputation of “unwillingness” to compromise, or during the course of back-and-forth give and takes, it becomes apparent that the chief negotiator is unwilling to move an inch, we say of the person that either his (or her) unwillingness to reach a common accord is X or Y — i.e., tenacious to certain unmovable principles; stubborn; intractable; a “brilliant” tactical negotiator, etc.

Now, take the same example but with an individual who is willing to bend and allow for concessions — we might say of that person that he or she is “reasonable”, or that he is a wimp or she is without integrity.

But “unwillingness” has a special characteristic and connotation, does it not, from the rest of the personality traits described?  Especially if it is a permanent feature of a person’s makeup, and not merely a temporary, stubborn streak that may change and alter later on, or in a week, or in an hour’s time.

There is both something admirable as well as exasperating when referring to a person who has a personality characteristic of “unwillingness” — whether based upon an inner principle that drives the intractable nature, or perhaps a quirkiness of nature that refuses change.  The test of that unwillingness, and whether it is apparent only in certain particular and unique circumstances, or whether that is a permanent feature of a person’s internal mechanism, can only be tested through the spectrum of one’s life.  Such a personality trait can be admirable and reflect an evolutionary advantage in surviving the encounters with the world at large, or they can be a self-inflicting wound that can destroy and defeat.

For Federal employees and U.S. Postal workers who have an unwillingness to throw in the proverbial white towel despite all evidence that shows that the Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s Federal or Postal job, the alternative one must face can be daunting: continuing to endure the medical condition despite the debilitating nature of the trauma; the increasing harassment that must be faced because of excessive taking of Sick Leave, Annual Leave or LWOP; the the questioning looks from Supervisors, managers and coworkers, etc.

Federal Disability Retirement, of course, is an alternative course of action — of recognizing the need for change, the requirement of pliability, and the necessity for modification in one’s life.

Yes, “unwillingness” is often an admirable trait to cling to, but for the Federal or Postal employee who can no longer perform one or more of the essential elements of one’s Federal or Postal job, it can be an obstacle to a necessary next step in 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.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement from OPM: The key

It is both a tool of utility in order to gain entrance and accessibility to an otherwise abrupt encounter with an obstacle barring further forward progress, as well as a well-worn metaphor appropriately applied to miracles, magic and moments of mandatory martyrdom.  It is a wonder that a slight defect in the metallic shaving of the implement can allow for the turning of it, and opening into the entranceway, but for that additional indentation; or of a barcode smudged which refuses to make an allowance.  In either case, whether as a physical tool or an electronic pass embedded in the plastic sheen of society’s muse, what it opens is the foundation for its very existence.

Accessibility is the key, or so we are told; and the key, well, that is what must be sought, earned or otherwise stolen by stealth or whatever other means of perpetuity engaged in order to embrace the incantations of eternal youth.  It is that mythological “fountain of youth”, after all, which we seek; and the key to gain entrance into the club of rubbing elbows can only be obtained by smarts, good looks and intellectual prowess.

Time was that we were all sold on the idea that education and hard work was the “key” to success; but then, it turns out that the system itself was somehow unfair and weighted in favor of one class or group over another, and so the tinkering began, to right wrongs which otherwise wrongfully righted past and historical wrongs, by asserting rights previously unknown to have existed, but which now could be miraculously discovered in the subtext of originalism where intentionality could be denoted through greater concentration and willpower to discern.

The greater key, then, became who you know, what levers of power could be pulled, and the insider trading of such greater knowledge, while all the time throwing breadcrumbs to the greater masses in order to appease the rumblings of starvation times yet to arrive.

It is always a key of which we seek; whether by force, by protest, by assertion of rights unearned; and when we lose them, we scream with frustration at the unfairness of the gods of fate whom we turn to only when destiny denies the promised predetermination of an outcome-based society lost forever in the hollow utterances of vote-getters, who also seek the public arena of keys revealed in goodie-bags dispensed with public funds.  For, when doors close and open by devices of mysterious barcodes, the suspicion that something else is going on behind such closure and obstacles to accessibility somehow reverberates with a truth left undeniable.

The truth is, there is no single “key” to life’s puzzles or perennial questions remaining without answers; life itself is too wide an expanse, too great a concept, and too generalized a thought to allow for a device to insert into an emptiness of soul in order to turn and open for a final solution to a door otherwise unopened but by those who expend the greater effort.

For Federal employees and U.S. Postal workers who seek the “key” to questions unanswered in 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, there is no “master key” to uncover in order to understand the complex administrative process in such a greater bureaucratic morass.

Instead, the fundamental key to first determine is to prove that the medical condition suffered by the Federal or Postal employee prevents the Federal or Postal employee from performing one or more of the essential elements of one’s positional duties.  From there, the unlocking of inaccessibility will be determined by the key of legal criteria, opened only by those who possess the barcode of cogent argumentation upon uncovering the keyhole allowing for a nexus between the medical condition and the legal penumbras of technical application.  And, like all keys, it is that extra little shaving and indentation which will allow for accessibility, and turn the tides of a life otherwise barred.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Caution

It is the characteristic which precludes and prevents unnecessary harm, and allows for the survival instinct to flourish; yet, as with most traits, there are both positive and negative aspects to it.  Yes, the telltale signs of hesitation, trepidation in approach, care in proceeding, and sometimes outright flight, allows for the evolutionary dominance of survival of the fittest and the genetic propagation of a species on the rise.  In modernity, however, when the dangers once diverse in the State of Nature are no longer applicable, that same innate fingerprint can be the preventative modality of stunted growth.  What was once the thrust for endurance of longevity may now be the invisible thread which holds back.

Caution, as a philosophy of living, can indeed limit the potential for greater good.

Perhaps in finance, the conservative approach with steadiness of investment is the preferred methodology; in politics, the inane and incomprehensible mumblings which meander with linguistic elasticity and meaningless tropes, the pathway to elected office; and in the Federal Sector and the U.S. Postal Service, to “not make waves” may well be the quiet road to disregarded competence and allowable step-increases at expected intervals.  But sometimes life brings about change without the seeking our of disruptive interludes, and that is precisely what a medical condition does to a life of serenity and quietude.  They are life’s misgivings not asked for, and interruptions unearned.

There again, caution and hesitation go hand in hand, and making a decision about filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee is under FERS, CSRS or CSRS Offset, is but a manifestation of a character trait which may have served you well up to this point, but which may exacerbate the collaboration of an unwanted triumvirate:  work, health, and one’s future security.

Filing for Federal Disability Retirement benefits through OPM often has a daunting sense of the unknown, and that is never a positive sign for the cautious by nature.  But nature’s course may not be the best, or even the wisest, avenue in this era of modernity; for, as the trait which allowed for narrow escapes in eons past, it is also the identical essence which may have delayed the promotion, interrupted the dream, restrained the hope, and dashed the fantasy which remained as an unscented residue quashed by a desire suppressed in the first chapter of that cautionary tale called “you”.

Sincerely,

Robert R. McGill, Esquire

Early Medical Retirement for Federal Employees under FERS or CSRS: The Big 3

In basketball, it referred to the unstoppable trio; although, with the recent addition of Durant, it becomes a crowded foursome.  In baseball, of course, with whatever home team you rooted for, the term represented the first three in the lineup, with the fourth allegedly reflecting that force who would bring the spectators up onto their feet for that anticipated grand slam.  And in the third major sport?  It might refer to the quarterback and his 2 favorite receivers, or the bookends on defense with a linebacker thrown in.

Americans love triplets; whether in sports, where a fourth can never quite squeeze in despite there being nature’s four seasons; or in government institutions, where the three branches of government remain ensconced in the conscience of a collective citizenry, despite the need for that ineffective fourth estate which is meant to oversee and investigate.

In other areas, of course, the reference to “the Big 3” may be somewhat esoteric — as in the realm of hermeneutics, where the dominant theologians were once comprised of Barth, Bultmann and Bonhoeffer.  They could, by alliteration, be collectively grouped as “the 3 Bs”, but because of their relative lack of media anonymity and disparate connections, except for their European origins and the combined deconstructionism based upon dialectical theology and demythologization of the sacred text, here again we find a triad of untold force.  Of course, they never played on a basketball team, nor represented a cycle of sports spectatorship; instead, their impact was to alter the manner in which theology was approached.

Only one of them — Bonhoeffer — was executed; but not directly for his liberal theology, but for his staunch vocalism against the Nazi regime and an alleged involvement in a thwarted plot to assassinate Hitler.  In these days, history rarely marks the ghosts of those who never received the accolades of media notoriety, and “The Big 3” almost always engenders reactions to sports references.  But there are other arenas of substantive discourse, as well.

In Federal Disability Retirement law, “The Big 3” would invoke the tripod of the Federal Retirement System — of the FERS Retirement, Social Security benefits, and the Thrift Savings Plan, and the interplay between the trio.  The first in the three can be “tapped into” early, by filing a Federal Disability Retirement application, which pays 60% of the average of one’s highest-3 consecutive years of service, then 40% every year thereafter, until age 62, at which point the Federal Disability annuity gets recalculated into a “regular” retirement.

Of the second, there is an interplay and an offsetting feature between Social Security and FERS Disability Retirement, but only if the Federal or Postal employee becomes concurrently qualified with both FERS Disability Retirement and Social Security Disability Insurance.  As for the third rail — the Thrift Savings Plan — it can remain in the same investment device after a FERS disability retirement is approved, but should probably not be accessed until a later age, for obvious tax reasons.

Throughout history, words have been elastic and malleable, but relevance is often determined not by the substantive meaning of a staid concept, but by the perspective of the audience.  With that in mind, “The Big 3” isn’t always about LeBron James and what other 2 players he may be joined up with; sometimes, it can refer to Barth, Bultmann and Bonhoeffer, or even to the triumvirate of a FERS Disability Retirement.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Pipe Dreams

The origin denotes an unsavory history of imperialistic exploitation and deserved degeneration of culturally unseen and unforetold consequences; of an encounter between foreign soils bridged by greed, necessity and inevitable destinies, but where the conqueror reaped more than what it sought.  In the opium dens which followed and the devastation of addictions ensuing, the phantoms derived from the processing of a plant which otherwise concealed the deadliness of its essence, beautiful in its floral toxicity amidst the sweet aroma that diffusely pervaded an unsuspecting population — dreams, indeed, of unreachable heights and great expectations otherwise squandered.

It is from that 19th century term — of the wafting scent of doom combined with the forgotten troubles of an industrial age, when repressive measures could be meted out by colonial strength, and insulting terms denigrating the humanity of an entire population could be thrown about by the lowliest of the low, and yet with superiority by race and ethnicity merely because one nation conquered and took advantage of the subservient nature of a quietude yet open to a coming storm.

In the end, who were the victors and what vestiges of the vanquished remained — only the untold stories of unmarked graves, whispering by twilight of plunder and portage of cultures; for, is it the country which invaded, or the one who imported the pipe dreams which subjugated the populace to an addictive essence?

In modernity, of course, the term itself has been shed of its subjugated past, and merely connotes an unrealistic expectation, a pursuance of a dream devoid of pragmatism, and a picture of flightiness attached to those who express such creative dimensions of unconstrained exuberance.  Children and the insane have them; and perhaps, still, those who partake of illicit moments of addiction and self-abuse.  But reality is always where we meet again, and the loss of time, efforts and futile exertion of wasted energy ends up back to the proverbial “square one”; what we squander in labor, we make up for in foolishness.

For the Federal employee and the U.S. Postal worker who must daily be challenged not only with the workplace hostility of repetitive annoyances, but further, work with a medical condition which progressively deteriorates and diminishes the Federal or Postal worker’s capacity and ability to perform all of the essential elements of the Federal or Postal positional duties — pursuing a pipe dream that it will all just “go away”, or that tomorrow the medical condition will miraculously heal itself, or the day after the harassment will cease:  these are mere phantasms of a hope diminished by reality.

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, is an acknowledgment that the Federal or Postal employee is no longer relying upon a pipe dream, and has taken a pragmatic step towards facing the reality of one’s situation.

In the end, a pipe dream need not be a mere vestige of a lost culture steeped in the wayward historicity of timeless depravity; for, as the past continues to haunt both individuals and the greater society, so the words which follow may describe a regeneration of that which was once forgotten, but still remains in the residue of unvanquished sins.

Sincerely,

Robert R. McGill, Esquire

 

Medically Retiring from Federal Government: Environmental Toxicity

We read about it in the print and other media; the global nature of the problem, the haunting images of rusting barrels and canisters with leaking liquids of foreign and unidentifiable hues of chemical mixtures; of stories involving deformed babies and cognitive delay, with early onset of dementia causally related to the drinking water, air pollution and osmosis of agents otherwise harmful.  Science Fiction writers employ the genre of antiseptic cities of artificial constructs, with men and women who venture out into the tainted world in white suits of sealed purity, breathing through tubes and oxygenated rasps barely audible through the thick materials of protective immunity.

China, we are told, basks in the careless disregard of deliberate destruction, with India lagging not too far behind, and then the “developing” countries; that the airstream, jet stream and water streams are all connected, like tentacles which relate back to the organic essence of human existence, and unless little old “me” and “I” and the pointed finger of accusatory mumblings does “his part” or “your part” in reducing all that mess that the proverbial “we” have created, that doom is just around the corner accompanied by “gloom” preceding its cousin; and so we laboriously cart our plastic bottles and milk cartons into larger and larger bins that have logos we proudly think represents the advancement and modernity of our thoughtfulness, and watch as the powerful jet set in private planes and get transported in SUVs that spew out untold tons of unseen pollutants in order to congregate and discuss the fate of the universe, the represented country, the state, the community and lil ol’ me.

Environmental toxicity, of course, is a real problem; it is the lip service paid by those who preach without actionable lives of verified sincerity which presents a problem for most.  And for the rest of us, the “little people” who matter not and impact insignificantly upon the global scale of policy interventions, there are multiple dimensions of the term itself — as in the quality of the workplace, the manner in which the employer treats employees, and in the Federal sector and the U.S. Postal Service, the application of relevance for the conceptual compound of the two words often implies more than the physical universe of occupied space; it involves the harassment, emotional abuse and hostility of purpose.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition compels the Federal or Postal employee to file 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 environmental toxicity is just that — not the wasteful plastics otherwise disregarded and discarded into the trash bin, but the real impact of a caustic atmosphere empowering little minds within fiefdoms of medieval power centers.

How the Federal agency treats “lil ol’ me”, and what the U.S. Postal Service does to its employees by requiring and forcing abusive repetition of physical labor, goes well beyond what the ordinary person cares about in China, India, et al.; instead, they want you to look beyond the window of your own house, even as the smoke fills and the fires blaze in the very neighborhood you live in.

Sincerely,

Robert R. McGill, Esquire