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

 

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

 

Attorney Representation Federal Disability Retirement: Struggles

It is a law of life, is it not?  To struggle; to always have to thrash about just to survive, whether in the world of employment, the world of self-control, the universe of just maintaining a semblance of sanity within a greater complex of madness we face each day?

And, indeed, that is the basis of most philosophical systems that have been posited – from the Ancients who posited permanence as opposed to constant flux (Parmenides and Heraclitus); of the tension between Forms and the world of appearances; of the universe of perspectives empowered between one’s spatial imposition of human categories as opposed to an objective reality that one can never reach (Kant); or merely reducing all philosophical problems to one of linguistic inconvenience (the British Empiricists); and on and on, the struggle to learn, to maintain, to survive.

Life is a constant struggle, and when once peace is attained, we then die, or at least retire to an old person’s home for the forgotten and the ignored.  Even the fairytales we read to our children begin with the struggle, then end with a world of make-believe; only, those types of endings don’t occur in “real life”, and so we have to explain to our children when they get older that, well…heh, heh, heh…it was all a lie – that, unlike the stories told, mom and I hate to tell you this, but the struggles in life never end.  There is no “happily-ever-after” after all.

Then, life brings about a medical condition – those pesky irritants that hopefully can be controlled or maintained with a pill or a stiff drink, but otherwise an indicator that either we are growing old or something in our bodies are trying to forewarn us of the future.  Then, the medical condition begins to magnify, exacerbate, and turn into that state of being “chronic”, and slowly, it begins to deteriorate and progressively impact how we feel, who we are, and what we can do.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal job, the recognition that life is a constancy of struggles is nothing new; but, what is new is the realization that such a struggle now can become worsened by entering into arenas previously held inviolable – of work and the productivity that was once taken for granted.

Filing a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is not a surrender to that constant struggle, but merely a change of direction and planning.  We all know that life is a constant struggle; sometimes, the struggle must be circumvented by moving onto the next phase of an ever-struggling life, and preparing, formulating and filing an effective Federal Disability Retirement application to be filed with OPM is that next phase of the constant struggle.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Medical Retirement: Life’s Scarring

It builds through repetition of wounding, or because it is deep, jagged, or otherwise unable to repair through normal processes of cellular regeneration.  It remains a mark of a person; over time, fading through exposure to sunlight, disappearance of discoloration, and the slow erasure of the damage done through the healing process of the linear course of a lifetime, may allow for one to forget.

Traumas, medical conditions and chronic maladies takes time to heal, and time is the commodity which society relishes, values, and measures by the worth of productivity.  It is that segment of immeasurable continuity which determines the markings of a lifetime’s work; like prehistoric epochs which we name in order to neatly fit in the existence of dinosaurs and their disappearance through volcanic and meteoric catastrophes, we bifurcate the unconquerable continuum with significations of memorable moments in time.

Medical conditions and their disruptions to lives require time for healing; and whether it is the impact of psychiatric conditions upon one’s psyche and soul, or the physical manifestation of a chronic illness or injury, that commodity of value in the world of economics remains unsympathetically beyond the reach of most.

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 the Federal or Postal job, the acquisition of time becomes ever more important and critical as one awaits the winding morass of a Federal Disability Retirement application through the bureaucratic maze of the U.S. Office of Personnel Management.

Bureaucracies grind forward as if time is nonexistent; but all the while, life must continue to flow, as rivers unfettered by dams and natural obstacles, the course of life cannot be interrupted by mere tragedies of fate.  The problem is, of course, that the rest of the Federal bureaucracy — agencies, coworkers, supervisors, managers, etc. — does not have the patience to wait upon Federal and Postal employees during a daunting administrative process in which it is already known that, if successful, the Federal or Postal employee will be leaving the agency or the U.S. Postal Service.

So, what is the reaction during this administrative process?  Sometimes, it results in an administrative separation; more often than not, to simply allow the Federal or Postal employee to remain on LWOP and remain forgotten, lost in the maze of time immemorial.

In the end, it is life’s scarring which remains; how one has been treated; whether the burns of fate scorched upon flesh or memory were deliberate or through an uncaring indifference. No matter; as life’s scarring is like an organic monument of one’s test of endurance, so the manner in which one approaches the wound will determine the character of an individual.

Sincerely,

Robert R. McGill, Esquire