Postal & Federal Employee Disability Retirement: The Forced Choice

One may, of course, counter that a choice which is “forced” is actually no choice at all, and such a rebuttal possesses some merit.  However, the rebuttal to the rebuttal is to say that it all depends upon what one means by “forced” — as in, was one’s liberty to choose otherwise restricted, or is it used in a looser sense, as in, “I just felt that I didn’t have any other choice, so I did X”?

Thus, if a person walks into an ice cream shop and there is only one flavor of the creamy product, one may say dejectedly, “I didn’t have any other choice, so I bought a gallon of ice cream.”  There was, of course, the silent other option — of not buying any at all — to which a person might respond, “Yes, if the original contingency was encapsulated by the thought that ‘I want some ice cream’, then based upon that paradigm, the narrow choice-making was limited to purchasing whatever ice cream that is available.”

Further, can one argue that the “sub-choice” was the amount of ice cream purchased — for, was there not a choice of a greater or lesser amount, as in a pint instead of a gallon, or 5 gallons instead of one?

Countering that issue, of course, is to go back to the “primary” paradigm of the choice — for, if the contingency was the issue of having-X or Not-X, then the secondary choice-making of the quantity or volume of the purchase is a collateral, inconsequential matter.  Thus, what is important to glean from such a discussion is to recognize and identify what remains as the essential contingency of a choice-making process before one complains that a person was “forced” into a choice.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows the Federal or Postal employee to perform all of the essential elements of one’s Federal or Postal job, it is important to begin the process of considering whether or not to prepare, formulate and file a Federal Employee Disability Retirement application.

What are my choices?  Can I continue to work while I await the long process of a FERS Disability Retirement application?  Must I resign from the Federal Agency or the Postal Service?  Must I accept any and all reassignments offered, if offered at all?

These, and many other questions should be considered before one concludes that there were no options at all and that the only choice was a “forced” choice, which is no choice at all.  For, in the end, even the person who had no choice but to buy a gallon of vanilla ice cream had other options — like traveling to the next block or another town to go to another ice cream store.

For the Federal employee or Postal worker considering Federal Disability Retirement, consult with an attorney who specializes in Federal Disability Retirement Law to understand the options available.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Night wanderings

Ever open your eyes in the middle of the night and, instead of falling quickly back to sleep, allow for the eyes to wander across the silent room where others are still and asleep — the dog on the floor (or perhaps curled at the foot of the bed where human warmth has gathered for the pure comfort serving the creature) and the partner beside; the quiet glow of the digital numbers in bold red reflection; the pictures on the walls — though you “know” what they depict, the shadows hide them, and yet you believe you “see” them because familiarity arouses the imagination even in darkness; and the squeezing sense of silence so overpowering that you wonder about the universe at large and who, like yourself, is awakened by silence itself?

It is in those moments that, just before the panic of realization sets in that tomorrow is just a few hours away, we realize that mortality is a condition we must face; that the child’s imagination cannot revisit yesterday’s remorse; and the saddest of all truisms: For the most part, this is a cruel and uncaring universe.  Where do such thoughts originate?  Is it just the dream-world when sleep battles with sanity and one’s night wanderings will not suppress the bustle of the day’s meanderings?

Perhaps clarity comes in the wake of slumber’s twilight; whatever the phenomenon, night wanderings bring one into the netherworld of the “in-between”, where reality is not quite recognized and a dream is not ever fulfilled.  That is the type of experience that the Federal and Postal worker experiences when confronted with a medical condition that impacts one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal position: not quite in the reality of the world’s harshness, not yet tested by the Agency’s or Postal Service’s full force of cruelty and uncaring.

Will they put me on a PIP?  Will they require a “Fitness for Duty” evaluation?  What happens when my FMLA is exhausted?  Will the agency just cut me off?

It becomes clear at some point that the Federal Agency and the Postal Service are not there as a friend or colleague looking out for your bests interests, and that you must initiate the process of looking out for yourself by preparing, formulating and filing an effective Federal Disability Retirement application, to be ultimately submitted to the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset.

Those night wanderings often have the advantage of giving clarity to a reality beset with the quietude of pure silence, but then morning arrives and the clash of the day’s reality awakens within us the cruelty of the world around.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Information: Favoritism

There was an interesting article the other day, where certain public schools were attempting to banish the use of the term “best friend” from the ordinary and daily usage by students.  Now, the immediate reaction by some would be:  Uh-oh, here comes another “politically correct” movement that is based upon the foolish idea that social engineering can be attained merely by manipulating language’s daily discourse by simply expunging the vocabulary we engage.

That is what Orwell’s point was, isn’t it — in that part in his novel, 1984, when there is the discussion of the New-speak dictionary that would be coming out in the fictionalized society of Oceania — of a dystopian world that determines thought by controlling the available words we use?  By expunging and extracting, diminishing and destroying certain words, phrases, concepts, etc., we then limit the ability of an individual to engage in certain thoughts — thereby restricting and ultimately erasing any capacity to discuss and communicate such conceptual constructs.

Some positive idealists would believe that human creativity would somehow remain victorious over such totalitarian methods, and find ways to communicate, then create “new” ideas — newer than the anomaly and counter-insurgency of New-speak — and still come up with alternative words and phrases to replace any such attempt at erasure and extinguishment.  But even Orwell doubted the success of such an endeavor, no matter how hard we try; and thus the dark ending to the novel, 1984.

But back to “outlawing” the references made on the playgrounds all across the country or, likely, across the spectrum of the world — would two or more children still engage in the behavior of “best friends” regardless of the expungement of the language identifying it as such; and if so, what would be the purpose of extinguishing the language if the underlying act itself continues to remain?  Won’t children on playgrounds the world over engage in favoritism and concomitant exclusion because unexplainable attraction is the natural order of the universe?

Of course, social engineering initiated at an early age has a purposive direction which can be seen in later life — as in the Federal employee and U.S. Postal worker, where favoritism prevails no matter how many laws, statutes, regulations etc. are imposed and upheld.  Fiefdoms of every kind will always exist, and totalitarianism will often prevail.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the concept of “favoritism” — growing out of the tender years of “best friends” but taking on another name and form — begins to take on greater meaning.  For, its opposite — disfavor — begins to be applied for the Federal employee or U.S. Postal worker who is no longer “as productive”, not fully a “member of the team”, and shows signs of slowing down; and then the harassment begins, just like when we were children and the pecking order always favored the bully and disfavored the weakling runts of the world.

At that point, it may be time to consult with an experienced attorney and begin the process of initiating a 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 — sort of like going and “telling” on that bully.  Maybe so — but it is a necessary next step.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employee Disability Retirement: The frog and the twig

Upon first encounter, the two appear not to have any correspondence or connection, leaving aside any explanatory significance to the issues of Federal Disability Retirement benefits for Federal employees or U.S. Postal workers.  Yet, it is always of interest to show how the “relatedness” of seemingly disparate concerns intermingle and intersect with each other.  The fact is, whether in a direct and non-subtle manner, or in some transcendent metaphorical context, Federal and Postal employees, whether under FERS, CSRS or CSRS Offset who find themselves at a point in their careers where filing for Federal Disability Retirement benefits becomes a necessity, constitutes a reflective representation of much of life’s challenges.

Loss of hope for the future; struggling with day-to-day work and family issues; contending with a medical condition; caring for one’s career and workforce, yet, being forced to make a decision contrary to the linear perspective of what is “supposed” to happen – of work, career, retirement and mandatory shuttling into a nursing home, then a tombstone with some etching of memorialized compassion.  The latter two (nursing home and tombstone) are stated in somewhat of a cynical humor, but the others comprise the core of real life in real time.

Of the frog, we know that experimentation reveals the effectiveness of methodical, incremental insidiousness where, placed in a pot of tepid water, it will sit unknowingly until the boiling point is reached, and it becomes too late to jump out.  Life has a tendency to do that to us – we wait and wait, and suddenly it becomes an emergency.

Fortunately for Federal and Postal employees who need to file for Federal Disability Retirement benefits, it is rare that the emergency situation is so dire as to undermine the capacity and ability to file an effective Federal Disability Retirement application, but nevertheless, one should always be wary of the metaphorical significance of the frog.  It is one of those “life-lessons” which should be considered.  Of the twig, it is perhaps a little less obvious as both metaphor and analogy.

Once a part of a greater organic whole, it splintered off and fell into the rushing waters of the river below, and drifts aimlessly down, coursing around jutting rocks and undisturbed banks of clay.  Slowly, incrementally, and just as insidiously as the frog in the pot of water, the underside of the decaying twig begins to soak in the waters which allow it to remain afloat, until sometime later, the absorbing principle reaches a point where weight of intake exceeds the capacity to remain buoyant.

That is where the connection appears, between twig and life; where unforeseen burdens weigh down the individual until one day, unknowingly, like the frog and the boiling point of unobserved conditions, nature suddenly overtakes and dominates. And so, from the time when the twig separated from the greater overhang of a vibrant life, the vicissitudes of a raging stream which carried forth the rudderless twig, pushing it to and fro and about without direction, sinks to the bottom of a silt-filled bed, until it, too, decays and becomes again part of a greater circularity of life’s regeneration.

It is with these two in mind that the Federal employee and U.S. Postal worker needs to approach a 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: both the frog and the twig represent a potential condition which we believe we are too smart for, but of which we find ourselves too often quite closely related to.

Sincerely,

Robert R. McGill, Esquire

 

Federal and Postal Medical Retirement: Kaleidoscopic Clash

The watchful eye of the human animal is quite different from that of other species; for the human interaction and interpersonal encounters bring together the complexity of past histories and memories; of present foibles as uniquely colored by one’s past; and always of projected future concerns and anxieties.  It is this admixture of kaleidoscopic clashes, where the past, present and future become wrapped into a tightly knotted ball of human thought, that the peculiarities of human personalities intersect with the needs and wants of societal conflicts.

Dickens was a master at describing the eccentricities of humanity; today, one wonders whether such straying from convention and normative confinements are allowed; or perhaps they are hidden, with barely a hint beyond superficial discourse as revealed on social media, but where heinous crimes are better concealed and the universe of sociopaths are scattered within the dungeons of private basements and base minds.

Is it because of the repressive nature of a seemingly open society that subtle meanness and baseness of spirit prevails?  One can witness it pervasively in the workplace; and, indeed, the greater the need for laws and restrictions, the manifested cruelty will find corners of inconspicuous outlets, like ratholes gnawed in the baseboards of concealed crimes. The worst of humanity always seems to reveal itself when the best is required.

For Federal employees and U.S. Postal workers who are in need of sympathy, compassion, empathy and understanding, when a medical condition hits them at moments of mid-career and accommodations would potentially lengthen an otherwise promising future with the Federal agency or the U.S. Postal Service; it is then that Supervisors, Managers, coworkers and the entire bureaucratic apparatus of human baseness seems to erupt.

Federal and Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal or Postal employee from performing all of the essential elements of one’s position, becomes the brunt of human complexity.  Perhaps human compassion exists, but we are too busy to reveal it; or that misunderstandings occur, and the grounds for explanatory eloquence is wanting; but whatever the reasons, the protective shields of legal applications have failed to adequately provide assurances.

Fortunately, there is the option for Federal and Postal employees to seek an “out” by filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  How one presents one’s Federal Disability Retirement case as described and delineated on SF 3112A (Applicant’s Statement of Disability), and in any legal memorandum one files to accompany the justifying basis in law of eligibility for OPM Disability Retirement benefits, is all-important, and must be considered in light of collateral issues and parallel forums involving hostile work environments, EEO complaints, grievances filed, etc.

It is, indeed, this kaleidoscopic clash of separate entities of conflicting combinations, which must be sorted through in order to effectively present a persuasive Federal Disability Retirement application.  Within the complex context of intersecting personalities, where the past, present and future come together in a cauldron of human conflict, it is important to have the advice and consultative opinion of an objective perspective in the preparation, formulation and filing of a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire