Tag Archives: how to file for workmans compensation retirement from federal government employment

Federal Employees Retirement System (FERS) Disability Retirement: The Vanishing Point

If you are old enough, you know the reference to the 1971 “cult” movie.  It had a strange ending, and allowed for lengthy discussions which meandered into the apparent profundity of pure pablum.  In the end, it was just a “fun” movie.

In reality, the vanishing point occurs daily.  As one grows older, you come across people you once knew but who have “passed on”.  We antiseptically and euphemistically apply the careful language of avoidance, but the blunt truth is that people die or move out of our frame of reference every day.

The vanishing point includes many aspects of one’s daily life: The family dog that dies; the elderly parents who pass on; the coworker who suddenly quits and is never heard from again; the guy across the office who becomes hospitalized and never comes back, etc.

It is the “etc.” which is the reality of life — we all move on; it’s always the other person who is somehow left behind.  That was another one of those movies, wasn’t it?  “Left Behind” — a movie and series about the biblical concept of the apocalypse and people being left behind.  The fact is, the “vanishing point” begins long before a person is left behind; we just don’t know the private struggles which are being faced throughout.

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, the “vanishing point” has already begun.  It began with the medical condition.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement, and begin the process of validating the vanishing point from your job by initiating the administrative process of filing an effective Federal Disability Retirement application under FERS with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Lawyer
Postal & Federal Employee Retirement Attorney

 

Medical Retirement for Federal Workers: The house next door

It is the one that follows the same comfortable convention for all these many years — of never knowing the intimate details; a wave of the hand every now and again; of fleeting appearances on various days, such as recycling, garbage and the occasional Saturday when the in-laws from out-of-state come to visit on Thanksgiving, or a birthday, or perhaps when a tragedy occurs and the sudden appearance in the driveway that is filled with cars never before seen.

The house next door, or across the street —the neighbor who you do not know, and somehow never got around to knowing, whether because they were latecomers or you were, and the “other” didn’t seem all that willing, friendly or “neighborly” to begin with, and so a settled truce became the daily routine that never altered, never became a problem, and forever became entrenched in the mundaneness of deliberate social avoidance.

We imagine what occurs in the house next door; or, perhaps not at all, except to complain when they’ve made too much noise, let their grass grow beyond the acceptable conventions of normative beliefs (or otherwise in violation of strict codes imposed by the “lawn police” of the local Home-Owner’s Association), or parked one of their cars in front of your house (yes, it is true — that street section in front of your house is actually not your property, and though it may be obnoxious, the house next door has every right to park the car on your side of the street, right in front of your house).

We never know what occurs to the house next door until one day we read about the tragedy in the pages of the obituary in the local paper.  There is a sadness in that very fact; or, perhaps that is the way we have set up this disinterested and alienated society?  Do we prefer to remain ignorant of the goings-on of the house next door?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition forces the preparation and filing of a 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, it often feels like living in the house next door — for, suddenly, you find yourself looking at familiar surroundings from across the street, or from beyond the fence that separates, and you begin to wonder whether you ever knew your neighbor, and what they are up to.

There is an alienation involved, and you must always remain suspicious as a “new” car is suddenly seen parked across the street, and the Supervisor or coworker seemed to be sharing information and gossiping with furtive eyes averted from your view; and yes, the Federal Agency or the Postal Service may be getting ready to initiate an adverse action of some sort — like the house next door that you never knew and now would rather not.

Sincerely,

Robert R. McGill, Esquire

 

Filing for OPM Disability Retirement: Distant lights dimming

How can distant lights dim when they are mere specks upon a blanketed panorama of darkness?

One looks up at the stars and we are told, of course, that the sparkling tapestry may contain those which are already vanished, and what we “see”are merely the residue of a dead or dying star.  In a universe based upon a visual-centered arena, the reliance upon sight to establish facts and verify truth-statements cannot be avoided.

That was Berkeley’s problem, as well — and one which he deftly avoided by re-defining the definition of existence by tying it inextricably with “perception”, including visual, auditory and tactile means.  Much later, and after a series of devastating criticisms launched at the entirety of empiricist tendencies that some would counter artificially manufactured unnecessary philosophical problems (but isn’t that the “fun” of philosophy — to always be left with more problems to solve than the day before?) which haunts us to this very day, Wittgenstein came along and waved aside such conundrums by relegating all such issues to mere problems of linguistic confusion.

Thus was reality divorced from the language we use to describe the phenomena that surrounds us, leaving science left standing as the Last Man and the primacy of philosophy relegated to the dusty shelves of Medieval Times.  Distant lights dimming?  No more a problem than the campfire dilemma — for, do we say that because we cannot precisely pinpoint the demarcation between light and darkness at the periphery of a glowing campfire, that therefore no campfire exists at all?  Of course not!

It is thus not the result of the physical objectivity of the world around us that confuses, but the inadequacy of language that confounds.  Yet, as Man must communicate by means of language and operate effectively within the objective world, so the development of various “language games” must by necessity evolve into greater heights of absurdity.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition impacts upon the reality of the “objective” world — entrance and introduction into the binary universe of language games and the greater world at large must also, by necessity, come together in the form of preparing, formulating and filing an effective OPM Disability Retirement application.

You have the medical condition; the medical condition is impacting your ability and capacity to continue in your present position as a Federal employee or U.S. Postal worker.  Such a medical condition may necessitate filing for Federal Disability Retirement — but understand that submitting a “paper presentation” to the U.S. Office of Personnel Management, whether you as the Federal or Postal employee under FERS, CSRS or CSRS Offset, requires an adequacy of language that must go beyond the reality of the medical condition itself.

And like the distant lights dimming, what actually “is” may be divorced from the language which must be carefully chosen and transcribed, lest such inadequacy fails to describe and delineate the reality of the medical condition from which you suffer.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Civil Service: By what measure?

Does a formula, a paradigm or a standard instill in us the direction we so desire?  How is it that we compare X to something, and is the contrast a necessary prerequisite to achieving and accomplishing, or is that some artificial, societal construct that we have manufactured in order to sell ourselves a “bill of goods”?

Yes, yes – Western Civilization (remember that middle-school subject taught under the general aegis of that title?) always begins with the philosophical precept of Aristotle’s, of “First Principles” and the “causes” of events and occurrences, but where is it stated that we must have a “measure” by which to compare and contrast?  By what measure do we apply ourselves, or is not the evolutionary will to survive and the genetic predisposition to propagate a sufficient factor in the drive to excel?  Like peacocks during mating season and robins that reveal a ferocity of savagery in the spring months, is there a measure by which we are deemed a success or failure, and by a standard where comparisons are made, conclusions are reached and judgments are rendered?

Rare is the solitary figure who abandons all implements of societal judgments and goes it alone without the condoning nod of an authority figure.  Lone wolves are figments of mythological fables; the rest of us follow the herd by the measure set by others in a society of gossipers and watchdogs set upon us without warning or consistency.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the standard of measure has always been some unstated and unfairly predetermined set of rules that are governed by a bunch of words we never agreed to – i.e., “productivity at the cost of health”; “loyalty to the mission of the Federal Agency without regard to medical conditions”; “repetitive work leading to stress injuries where proving causation is nigh impossible”, and other such silent statements of accord – but where the last bastion of hope often resides in 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.

All of these many years, the Federal or Postal worker has toiled under tremendous pressure by the measures set by the Federal agency or the U.S. Postal facility; fortunately, the standard by which OPM Disability Retirement benefits are granted is predetermined by statutory authority, and not by arbitrary fiat by a supervisor, manager or some other head of the department or agency by will of authority or changeable character of an individual.  Filing for Federal Disability Retirement benefits through OPM must follow certain eligibility guidelines and statutory confinements, as with most other set standards; but by what measure you may live your life after winning an OPM Disability Retirement annuity – that is set by you, the lone wolf.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Lack of time

It takes time in order to be “nice” and “considerate”.  We don’t have such a luxury, anymore.  We have been sold a bill of goods; that technology, Smart phones, computers, laptops, tablets; of the actual engagement in texting, emailing, and all of the multitudes of communicating by delight of button-pushing, will allow for man to pursue the creativity within, and to forego the toil of an otherwise working world. Then, we would reach the pinnacle of human ecstasy, of “time” enough to do that which we  were destined for.

And, yet…  Somehow, the promises made became empty vessels of contractual vacuity, and the social contracts so construed with ponderous delights, never reach a moment of fruition, and instead left us all with an emptiness of soul.

When a society begins to trumpet blares of social “rights”, and to utilize the political process and the courtrooms to assert the ability and capacity to force changes, then it is the step beyond moment of neighborly cohesiveness.  There have always been disputes within organizations, townships, blocks, etc., which have required mediation and third-party intervention; but, for the most part, the working order of a society depends upon common courtesy, decorum, and accepted conduits of conventional behavior governing personal conduct and public displays of geniality resulting in the glue which cements societal functionality.

But, that takes time.

It takes time to say “hello” and “good-day”; it takes time to know that The Stinsons down the way, or the Zachariahs or Abdullahs two houses away and four blocks to the left of the Smiths, respectively, have a child with pneumonia (as opposed to being fearful that such revelation of illness will be interpreted somehow as weakness of character), and the discourse of living should immediately invoke a response of care, concern and a grant of extended help.

But we don’t have time for all of that nonsense.

That mushy-gushy-goo of human relationships, where actual contact has to be engaged, and when picnics were once the commonality of congregation when children dressed in Sunday bests with butterfly nets in hand, flushed cheeks from the midday sun of dancing waves in the delight of a summer’s breeze, and neighbors actually stood face-to-face and reflected upon the concerns of others, and not faceless stoicism and the staid numbness within the cocoon of selfish wants and virtual realities of Pokemon and timeless pursuits of distractions unleashed but for the loss of connection with human contact, and thus of humanity itself.

But, that is because we lack the time.

For Federal employees and U.S. Postal workers who feel the loss of time and the lack of time, and where time seems to be “running out” like a spigot left unintentionally open and connected to a finite source of reserve – it may be “time” to prepare, formulate and file for OPM Disability Retirement benefits.

When the agency has no time for one’s medical condition; when the U.S. Postal Service cares not for one’s health; then, the only “time” which matters is that moment when health deteriorates and progressively debilitates, and then it is surely time to consider “moving on” and leaving those with such ties to the currency of time behind, in order to reach that pinnacle of timeless timing when an effective Federal Disability Retirement application may be submitted to the U.S. Office of Personnel Management, where lack of time is more akin to the timing of lack which certainly takes time to prepare, formulate and file in a timely timelessness.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Disambiguation

Aside from being an ugly word, it begins with the premise of negation and mistake.  As a reversing force, it clearly undermines the root word and takes away from the primary centrality of meaning.  It is the ambiguity which needs to be corrected.

In narrative forms, where stated purpose is important to convey, to begin with a lack of communicative clarity presents a problem of origins.  Where one begins; how one came to be formed; the historical context of one’s existence; these are all contained in the roots of the pretext of being:  “The beginning…”

For Federal employees and U.S. Postal workers embarking upon the voyage of formulating, preparing 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, the important lessons to be gleaned from such a concept is that the vehicle of the written word is best put forth at the outset without a later need for correction.

Arguing one’s medical condition, and the linguistic bridge between one’s positional description of duties for a Federal agency or the U.S. Postal Service job, requires a clear and linear methodology of logical argumentation.  Preparing an effective Federal Disability Retirement application should not lead the reviewer at OPM to scratch one’s head in confusion; rather, there should be an unwavering “point-by-point” roadmap like an unequivocal teleology of straight and narrow discourse, without confusion, without puzzlement, and certainly without the creation of an endless maze.

There are times when convoluted discourse has an intended effect, and where lack of core clarity may have its advantages (look, for instance, at politicians who dissemble for obvious reasons on those sensitive “issues” during a debate); but walking on a bridge without railings on a thick misty morning has its dangers, and it is better not to have fallen, than to learn that the depths of the rushing waters below requires more than just an ordinary swimmer’s strength.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Benefits: Fatigue of Life

There is clearly a distinction to be made between the general fatigue which life blows upon us all; like the child left to play outside in days of yore, and comes back with the grime of healthy dirtiness, the imperceptible layers of life’s hardships cover everyone, like the light dusting of snow overnight revealed in the morning dawn of a winter’s day.  But the profound fatigue which overtakes one from the daily battle against an incapacitating medical condition, is a difference which cannot always be adequately described, if ever.

The medical condition itself creates a circumstance of unique debilitation; the fight against it, whether without one’s conscious involvement — as in the soundless battle of healthy cells against the invasion of marauding maladies, as opposed to the exertion of willpower to continue on in engaging the daily living of life’s challenges — is of somewhat irrelevance, inasmuch as the combination and totality of one’s entire being is always and every day in the midst of the fight.

It is that subtle distinction which the healthy person is unable to understand; it is not life’s fatigue which prevails upon the sick person; it is the sickness itself, in addition to the fatigue of life.

For Federal and Postal workers who must contend not only with the daily grind of life’s routine, facing the bureaucracy and administrative headaches of filing for Federal Disability Retirement benefits through one’s agency (if still with the agency or otherwise not separated for more than 31 days), and ultimately through the U.S. Office of Personnel Management, is a challenge beyond that foray of the day’s entanglement with the world.

Federal and Postal employees must do the everyday things that all of us do:  attention to personal needs; work, if possible; interaction with family, neighbors, coworkers; and beyond, the fight against the medical condition itself.

Filing for Medical Retirement through OPM, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, is to face another of life’s challenges, beyond the daily routine and call of one’s duty and commitment to everyday life.  And since defeat is never an option, and giving up is not in the American character of perceived self-image; whether one is faced with the fatigue of life, or of life’s challenges beyond the general malaise of daily living, it is how we face the cup of gruel we are served, which will determine the future path as yet unknown, as yet unsettled.

Sincerely,

Robert R. McGill, Esquire