Tag Archives: if you are waiting for a miraculous recovery

OPM FERS/CSRS Disability Retirement: Miracles, Superheroes, and CGI

The reality of this technology-driven world is that miracles are now relegated to excused absences; modern theology has either explained away biblical references to the miraculous, or we attribute the beauty around us as the “miracle of life”, thereby undermining the common understanding of metaphysical intervention.

Further, the sudden advent of superheroes and their feats of bravery and physical actions which defy the general laws of nature, reveal to us that miracles and miraculous acts can be performed by humans of a similar origin but of a higher order.  Spiderman, Superman, Captain America, et al, seemingly do with ease what Moses asked but only through obedience and a lifetime of virtue.

Computer-generated imagery (CGI) has merely perfected and made beautiful such acts of death-defying, counterintuitive and anti-gravity gymnastics; and the pulley-strings and cables no longer need to be manually erased.  Such super-human feats as represented in virtual reality counter the mundane reality of true human existence.  Yes, yes — perhaps it is all “just for fun” and we shouldn’t take ourselves so seriously.  But societal representation of who we are is indeed a serious matter.

The reality of life is that human frailty, misfortune and pain pervades the vast majority of everyday existence.  Just ask the individual who suffers from a medical condition, and the daily encounter with pain and progressively debilitating illnesses.

For the Federal and Postal employee who suffers from a medical condition such that the condition prevents one from performing one or more of the essential elements of one’s job, the daily absence of miracles and gravity-defying feats is superseded by just getting through the day.  No CGI imposition can change the pain; superheroes cannot come to save the day; the modern theological explanations cannot expunge the reality of daily encounters with a cruel world.

In the end, the Federal and Postal employee has the option of filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, and through this administrative vehicle of attaining a different and new stage of life, the reality of what is available can attenuate the expectations driven by the brave but virtual New World as presented by the moguls of Hollywood.

Sincerely,

Robert R. McGill, Esquire

Pretending to Be Healthy and Fit in the Federal or USPS Workplace

Pretending is a game considered healthy for children, in almost all societies.  It allows for the expansion of “creative energies” inherent in the growing psyche, and to allow for children to take on roles, encounter other situations of fictionalized circumstances, and confront fears without actual harm or potentiality for damaging the growing psychological turmoil which constitutes the make-up of each child.  Besides all of that, it’s fun.

But at some point in the growth of a human being, pretending has to become dominated by the reality of daily living.

Some have suggested that the world of stage, actors, movies and entertainment shows, reflects an individual and a society which never emerged from the state of pretend.  On the other hand, anyone who has known or been associated with those who prepare for an acting career, recognize the harsh reality of long days and hard work necessary for engagement in such a career.  It is, rather, the individual in our society, who continues to pretend long past the time when such pretending is fun, which is of the greatest employee’s concern.

For the Federal or Postal employee who is considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, pretending that something is otherwise than that which is the harsh reality of one’s situation, will only exacerbate, magnify, and worsen the circumstances surrounding one’s case.

Pretending that one’s agency will not notice; pretending that one’s disabling condition will go away; pretending that all will get better; pretending that…

The fantasy of pretend was to create a world of fun and laughter, and perhaps with some sprinkling of escapism; but when escaping the reality of the world results in the slow deterioration and destruction of what one has worked so hard for, then it is time to set aside the childish ways of pretend, and roll up those proverbial sleeves to contend with the world of reality.

If it takes pretending to go out and fight a battle to slay a dragon, at least such pretending will prompt one into action.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Problem of Perhaps

Perhaps it is time to approach the problem from a different perspective; perhaps it is not.  We often engage in games of self-delusions, of allowing words of self-justification to interfere with sequential and linear lines of thinking, in order to bypass the harsh reality of what is often an inevitability.

The allowance of bifurcation of thought — of the logical disjunctive of choices and options to choose from — makes an allowance of pretense to procrastinate in intellectually acceptable ways.  We sound thoughtful and intelligent when we weigh the various alternatives.  And, indeed, it is normally a “good thing” to gather, review and evaluate the options open to us, and to make the proper decision based upon such an analysis.  But at some point in the process, continuing in a morass of intellectualization becomes problematic.

When the choices are limited, clear, and necessary to act upon, to play the “perhaps” game becomes merely a way to delay the inevitable.

For the Federal and Postal employee who must contemplate a drastic change of circumstances by preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, engaging in such mind-games merely prolongs the process.  At some point, action must proceed from thought; and for the Federal and Postal Worker whose medical condition is such that it impacts one’s ability to perform the essential elements of one’s job, it is the action which must prevail over the perhapses of our mind.

Sincerely,

Robert R. McGill
Federal Disability Lawyer

Federal Employee Medical Retirement: Apparent Normalcy

One can venture and maneuver through this world with a semblance of normalcy, where from all outside perspectives, a person is untroubled and unencumbered.

There are multiple complexities inherent in such a perspective, of course: what constitutes “normal”; to what extent do individuals have a responsibility in assessing and evaluating a person’s private world; as well as the problem of infringing upon the privacy of others, and the desire of the other to allow for any intrusion, whether consciously or subconsciously.

For, each person constructs multiple layers of privacy zones — from the proverbial picket fence, to one’s own private bedroom; to the gates of a home; but always, the foundation begins within the walls of the skull of one’s brain.  For, the gatekeeper is always maintained by the individual, as to what is allowed in, and what is manifested for others to observe.

For the Federal and Postal Worker who is beset with a medical condition, such that he or she must contemplate filing for Federal Disability Retirement benefits, whether under FERS or CSRS, with the U.S. Office of Personnel Management, it is often the preparation of the actual forms which is the first manifested evidence of an impacting medical condition.

All throughout the previous many years, the apparent normalcy has been closely protected; great performance ratings, minimal leave taken, and daily smiles and platitudinous greetings; until the Federal or Postal worker arrives at a crisis point.

This is the apparent face and semblance of normalcy — the surprise of others, of the regretful and remorseful comment, “I just never would have realized.”  Or, perhaps it is the indicia of the busy world in which we all live, which allows us to lack any compassion to notice.

Sincerely,

Robert R. McGill, Esquire

USPS and Federal Civil Service Disability Retirement: Human Beings and Railroad Tracks

The metaphor of trains and railroad tracks are numerous and infinite in their applicability and relevance:  train wrecks; inability to stop; actions which proceed with a directional course towards a cliff; predetermined path of existence; and many others, some which invite ontological and teleological issues concerning free will and the ability to have an omniscient vantage point.

For Federal and Postal employees who are suffering from a medical condition such that the medical condition(s) impacts one’s ability/inability to perform all of the essential functions of one’s job, the analogy to a train ride is quite accurate.  For, the course of one’s career is often one which is set at the very beginning — an upward trajectory with expected grade-promotions and regular step increases; a sense of working for an agency with a mission, a purpose, and (perhaps most importantly) a steady paycheck.  But a pre-set course has a disadvantage:  a track from which one cannot stray; yet, if continuing onward, a certainty for a collision, headlong into subpar performance evaluations, a PIP, disciplinary actions, and potential terminations.

A train wreck waiting to happen.

About the go over that proverbial cliff.  Federal Disability Retirement is a benefit available for all Federal and Postal workers, whether under FERS or CSRS, if you meet the minimum eligibility requirements.  Fortunately, humans are not trains; free will and the ability to change course in life is an innate potentiality of the human soul.  But free will, in order to have any effect, must be acted upon.  Mere thought is not the same as action; it is, ultimately, human action which leads to change.  Just some thoughts to ponder.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Incrementalism

Gradual decline or ascendancy is a concept which is difficult to grasp, precisely because one’s training to render judgements is based upon viewing an object or issue in its entirety.  Darwinian evolution is a paradigm based upon minute, incrementally selective alterations, imperceptible in any slice of time, but which slowly and progressively alters the genetic make-up of a species.  The question of consciousness and the Cartesian mind-body problem also involves the idea that, beyond the compilation of complexities inherent in the human brain, there is something more in existence than merely the physical in the wholeness of man.

Such concepts are also applicable in the administrative process of a Federal Disability Retirement claim submitted to the U.S. Office of Personnel Management, whether under FERS or CSRS.  For, on the one hand, the very reason why many Federal or Postal workers remain in the position at their agency is precisely because of incrementalism — in progressive decline, or in hopes of ascendancy.

Often, medical conditions are characterized by a gradual decline, increasingly debilitating, and imperceptibly deteriorating over time.  If one views one’s medical condition at the beginning of the year, then again at the end of the same year, the progression may well be noticeable; but on any given day, because of the incremental nature of the disease, one may perceive the condition as merely static.

Conversely, the hope of ascendancy — that “tomorrow brings a new day” — is likely an evolutionary paradigm built into human nature for survival benefits.  But the reality is that most people who suffer from chronic and progressively deteriorating medical conditions need to reach a period of rehabilitative rest in order to get better.

Recognition of the subtle but insidious nature of incrementalism is vital to survival.  It may be time to consider thinking about filing for Federal Disability Retirement benefits under FERS or CSRS before it is “too late”; for, while time passes in gradual ascendancy, the deterioration and decline of the human body and mind waits not for a better tomorrow.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Hope versus Pragmatic Assessment

Hope is a peculiarly human characteristic; it is both a motivator and an incentive; yet, an unrealistic embracing of it, without reality-based assessments, can lead to a frail sense of overwhelming despondency.  Hope is the substantive element of the con-artist; for, the fraudulent plan to defraud another is based upon fostering the believer that — though it may sound too good to be true — the hope that human nature is good, and the results of such a scheme would reward one with lasting riches, is the thread which tugs at the unsuspecting and naive.  Gambling, the Lottery — despite the exponential odds against winning, are a testament to the human foible identified as “hope”.  Do animals possess it?  Perhaps in some unstated, inherent way — that the potential food source will not be as formidable as it may appear.

In preparing, formulating and filing for Federal Disability Retirement benefits, whether under FERS or CSRS, from the U.S. Office of Personnel Management, it is often the sense of “hope” which leads to procrastination, a delay to the detriment of the Federal or Postal Worker.  Whether the hope that the workplace environment will change; that perhaps, one day soon, a new supervisor will come along; that the medical condition will improve despite the doctor’s reticence and reluctance to make eye contact when the question is asked; whether the surgery just prior to, or the multiple history of surgeries, did nothing to feed any realistic assessment of hope; whatever the reasons, yes, “hope” is a uniquely human characteristic, and indeed, that which brings us closer to the angels than the apes below.

But in considering Federal Disability Retirement, hope must be combined with other human characteristics — of pragmatism, logic, analytical assessment, and the ability to plan for the future.  Hope, in and of itself, while feeding the soul, fails to feed the body; and as human beings are not quite angels, the practical needs of life must be attended to.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Changes

Changes in life occur at critical times, and whether the critical time-period is determined by the medical condition, or other events, what is always important is to take the affirmative steps yourself, as opposed to waiting for events to spiral out of control.  Rarely should one await for the Agency to “do something” which is advantageous to one’s situation.  In filing for Federal Disability Retirement benefits under FERS or CSRS, it is important to always be the one to take the lead on everything — from obtaining the proper medical documentation, to ensuring that the Agency is completing their portion of required forms, to making sure that a Federal Disability Retirement packet is fully and completed formulated, such that it will prove one’s case by a preponderance of the evidence and meet the legal criteria for an approval.  Time is of the essence in each Federal Disability Retirement case, especially when time conspires against one’s own interests.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Time to Make the Decision (Part 1)

Waiting until the last possible moment to start the process to file for Federal Disability Retirement under FERS or CSRS may be commendable from the Agency’s viewpoint — but is it smart?  If you are a Federal or Postal employee with multiple years of service, and you believe that because you gave your life, your blood, your sweat, tears, and even your firstborn, that therefore you will receive what I often term as “bilateral loyalty” (i.e., an expectation of receipt of loyalty from your agency for having given your undying loyalty to them throughout the years), you might want to reconsider.

If you are exhausting all of your sick leave, using your annual leave, dipping into your TSP in order to “hope” that you will recover from your continuing medical condition, then come to a point where you need to file for Federal Disability Retirement under FERS or CSRS, then come to realize that you must survive for 6 – 8 months, or even longer, and pay an attorney, pay for medical reports, and _______ (here, you may fill in the space yourself), then you may need to re-think the entirety of the process, the time it takes, etc.  Most people know, very early on, whether or not he or she has a medical condition which will last for a minimum of 12 months.  The time to start planning for the future is now.  As a famous football coach once quipped, “The future is now.”

Sincerely,

Robert R. McGill, Esquire