Disability Retirement for Federal Government Employees: The spare

It is a peculiar word when left alone, for it often is used with an accompaniment, as in “a spare tire”, “With room to spare”, or even, “Do you have any spare change?” queried the panhandler to the passerby.  It is a word which either describes a certain set of circumstances or of a person’s demeanor, characteristic or even of physical features, as in: “He had a spare bedroom”; “He was a spare, bald-headed man”; or how about: “He was spent and had no energy to spare”?

But to make it into the central character, as in the title above — “The spare” — makes it suddenly rather peculiar, for it is meant to always be the character actor, the word that “adds onto other words” and the unique little offshoot that never takes center stage.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition begins to impact the Federal or Postal employee’s ability and capacity to continue in the chosen career of one’s life, the word retains multiple relevant applications, whether standing alone or in accompaniment with other words.

For the Federal employee or Postal worker who no longer has any spare energy left at the end of the day; when one must be careful in using sparingly any accrued Sick Leave or Annual Leave; when time can no longer be spared beyond doctor’s appointments and attending to work, family obligations and the spare time no longer forthcoming; and where that spare reserve of energy is now devoid and profound fatigue has set in, it becomes time to consider preparing, formulating and filing for Federal Disability Retirement, because any spare time, effort or energy has now become a deficit to be reckoned with, where the spare of anything and everything must be focused upon that which can never be spared: One’s health.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Representation: Conversations

What is a conversation?  Or, is it an empirical phenomenon that — only when we are in the middle of it — we know as we experience it, but otherwise is undefinable?  If there are 5 people in a room but only 1 is doing the talking, is a conversation ongoing?  Must there be a “back and forth” give and take, or must something more be involved?  If the same 5 people are in the same room, and all of them are talking all at once, does that rise to the level of a conversation?  Does interruption and talking over one another undermine the definition?

What if there is extraordinary politeness — of each waiting his and her turn — and where no one interrupts, there is a pause between each discourse and a civility beyond mere lack of rudeness, but upon listening, one realizes that each one of the individuals is speaking about a completely different topic, and there is no interaction or even acknowledgment that anyone is listening to anyone else — does this all of a sudden undermine the concept of what is occurring?

This is an Age of Discord — of intractable positions taken, where the foundations that once formed the Age of Reason have been decimated and we are left with empty voices of loud vehemence, hollow in content but roaring in volume.  Truth, objectivity, logic and rational methodology — the very essence of discourse and conversation — have been hollowed out and cast aside.

It is now in camps of “us” against “them”, but the singular missing component that has devastated the capacity to have a conversation is the one that no one ever talks about: The ability to recognize and admit that someone else’s argument is superior to one’s own.

When was the last time you heard someone say: “Hey, that argument is quite good and persuasive.  I think you are right.”?  Instead, it is the familiar refrain: “That’s just your opinion.”  And as the volume of decibels increases, the content of substance proportionately and precipitously falls.

There are, of course, various levels of conversations, but one level is clear: Listen to the other side.  This also includes reading, recognizing and understanding the applicable statutes in an administrative process in order to meet all of the elements of the burden of proof.  Being intransigent and stubborn are qualities that makes one feel empowered, but concurrently, are often self-defeating.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal and Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it all begins with knowledge — of the statutes, the case-law and the precedents that apply.

We may all have to concede that the Age of Conversations is over; what we may be left with is a process where, at the very least, one must listen and try to learn.

Federal Disability Retirement is an administrative process which is never simple, and must be approached with knowledge, tenacity and an ear to listening to what is needed in order to meet the eligibility requirements.  Having a medical condition is a start, but it is not enough.  And like conversations that may have started but puttered out without fanfare, preparing an effective Federal Disability Retirement application will take more than talking about how we “feel”.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement: Best/Worst Case Scenario

It is a procedural approach, and those who engage in it often have the greater talents akin to science, engineering, mathematics and symbolic logic.  It is the person who views every contingency in terms of best and worse case scenarios before deciding upon a determined course of action.

But how accurate is the “best” and the “worst”?  How can one determine if the informational input that is “fed” into the substance of that which will result in the output of what is described as the “best” and the “worst” is accurate enough to make it even worthwhile?  Does a gambler enter into a casino and make such assessments? Of thinking to him/herself in terms of: If I place X amount on the table and lost it all, what is the best case scenario, and what is the worst?  When a person begins a career, does he or she begin life with the same approach?  How about marriage?  Or having children?  Or, is it more likely that such an application really has a very limited impact, and should be used sparingly in the daily events of life’s encounters?  Is that a false set of alternatives precisely because there are many incremental and relevant “in-betweens” that may determine one’s course of action?

Perhaps the picture painted of the “best” scenario of outcome determinatives need not be the basis for one’s decision, and even the “worst” case scenario need not be the minimum standard or quality of life that we would accept, but somewhere in between or just shy of that extreme cliff that we have described?  Perhaps they are false alternatives when we present it in that light, with only those two extremes of alternative realities to consider?

For the Federal or Postal employee who suffers 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 the Federal or Postal employee’s job with the Federal Agency or the Postal Service, preparing an effective Federal Disability Retirement application does not need to be based upon false alternatives presented, but should instead be based upon a pragmatic step towards recognizing the reality of one’s medical condition, its impact upon one’s capacity and ability to continue in a job or career that may be detrimental to one’s health, and proceed based upon the totality of factors considered – but primarily with a view towards safeguarding one’s health.

Health is that “other factor” that tips the balance of what is the best or worst case scenario; for, in the end, there is no scenario at all without one’s health.

Sincerely,

Robert R. McGill, Esquire