OPM Disability Retirement: Light & Darkness

Darkness is the absence of light; and whether “black” is a color, or the complete expungement or its very opposite, the aggregation and mixture of all colors into a single cauldron of rainbows, is a concept often debated, based upon philosophical paradigms of objective criteria.  But darkness is not the same as color, or the lack thereof; rather, it points to the subjective capacity to perceive; and thus do we attribute the word, the concept, and the ideation not only to sight, but to moods and feelings.  And of its antithesis, do we embrace a similitude:  of lightness of being, having light-headedness, and of metaphors involving shining bright lights upon dark corners of moods and metabolic disturbances.

Medical conditions and situations which entrap moods and mental mindsets, are often enveloped in what can only be described as “darkness”.  One may discount and serve with ironic suspicion the use of anthropomorphic metaphors and analogies to describe circumstances and moods of pervasive negations, but the fact is that the mode of communication we primarily use — of linguistic tools through words and stringing together of words — can sometimes only inadequately express the profound and overwhelming sense of one’s being.  “Darkness” and escape from such a situation through the shining of light, is a concept which individuals understand when medical conditions, whether chronic pain and physical debilitation or psychiatric measures of depression, anxiety, panic attacks, etc., impact one’s life in untold ways.

Federal employees and U.S. Postal workers who suffer from medical conditions, where the medical condition prevents one from performing one or more of the essential elements of one’s job, know well the mood of darkness — of the insecurity because of one’s employment, and sense of foreboding because the end of one’s career is within sight of a shortened plateau of accomplishments.  And what will the future hold?  What will my family, friends, and peers think of me?  I am not doing this to “game” the system, but because it is necessary to preserve what is left of me; but will others understand?

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is a traumatic event in and of itself; it is, as the proverbial concept implies, a darkness in a period of one’s life; and until an approval is received from the U.S. Office of Personnel Management determining the validity and acceptance of a Federal Disability Retirement application, such darkness will only squeeze out any potentiality of a lightness of being.

For, “light” is not merely the opposite of “darkness”, nor darkness the pure expungement of light; rather, the one follows upon the other when a recognition of awareness is achieved, that the flowing stream from a hidden spring of hope can only be tasted when the trickling water finds its way down rocky paths to the tributary of life’s meaning which is unraveled for significance and unconcealed mysteries of human suffering.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: This Side, or the Other, of Paradise

It represents that mythical existence — whether in a physical sense, or a metaphysical state of being — where harmony, the absence of pain and a continuum of pleasure and contentment are experienced daily and in sustained fashion.  Perhaps it is a fictional creation propelled by those who have known the negative of that which has been formulated.

Ultimately, it is the place to which we strive, and whether we arrive just on the other side of paradise, or on this side, is the criteria which society judges as to the success or failure of a given life.  And who is the judge, and what right to render such a judgment?  One’s own assessment, and the insular world of one’s psyche, may well be enough for most; but that often merely involves the sleight of words, of redefining what words mean, in order to fit the conceptual construct which others have proposed.

For the Federal and Postal Worker who suffers from a medical condition, such that he or she must contemplate filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management under FERS or CSRS, the capacity to attain a level of restorative quietude through relief from daily activities, may well be enough to constitute a state of paradise.

It is amazing how the threshold of meanings and goals to achieve are lowered considerably when one experiences pain or psychological turmoil and hurt.  Only those who have never experienced a medical condition fail to know what it means to be caught in the proverbial web of medical necessity.

For the Postal Worker and the Federal employee whose lives are shaken by a medical condition, whether it is physical pain or cognitive dysfunction, or both, the difference between landing on this side of paradise, or on the other side, is often determined by whether one gets Federal Disability Retirement benefits or not, and whether the period of rest and restorative state of being is attainable by securing one’s future stability and sense of peace.

Sincerely,

Robert R. McGill, Esquire

OPM FERS/CSRS Disability Retirement: That Sense of Doom

It can often be noted in the quivering voice at the other end of the telephone line (or, would it be more accurate to state, in the modern vernacular, at the “other end of the satellite signal”?) — that sense of impending doom that filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management will encompass.

But such a sense of the negative is a misguided view of Federal Disability Retirement.  For, the Federal or Postal Worker who is contemplating such a course of action should recognize and realize that it is essentially a positive endeavor — one which will allow the Federal or Postal worker to start a second vocation or career, and make up to 80% of what one’s former position currently pays.

Federal Disability Retirement is merely an acknowledgement that there is an inconsistency between one’s medical condition and the type of job in which one is currently employed; it does not preclude one from working altogether, unlike the stricter rules and regulations involving Federal Worker’s Compensation benefits (OWCP/Department of Labor) or even SSDI (with a much lower cap in one’s ability to earn additional income).

And that feeling of doom?  It is like what the British Philosopher Bertrand Russell once quipped when asked about the source of one’s anguish when confronted with a metaphysical conundrum:  “It is likely merely an upset stomach”.

OPM Disability Retirement is an avenue which should be seen in a positive light, and that sense of doom one often feels should be set aside, and the reality of one’s situation and the brightness of one’s future should always be emphasized.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: The Easter Paradigm

Paradigms which are based upon traditional, historical or religious foundations which have had their efficacy tested by time, have a clear advantage over untested social engineering experiments.

Federal Disability Retirement, whether under FERS or CSRS, from the U.S. Office of Personnel Management, is a paradigm of recognizing the worth of human productivity, by allowing for payment of an annuity because of a medical condition which prevents one from performing one or more of the essential elements of a particular job; yet, concurrently, allowing for productivity in working at another job, if desired, and if capable.

Thus, the normal reaction for the public at large is often, “Why should you get anything if you can work at some other job?”  The answer is the recognition of the Easter Paradigm:  death and resurrection are not mutually exclusive concepts; similarly, the fact that one is “disabled” does not mean that one cannot continue to contribute within the context of the workforce, but in a different kind of vocation.

The recuperative period of not being forced to work at a particular kind of job allows for the redemptive result of “rising” in another job.  Worth of a human being is recognized in allowing for a “second” chance.  The historical test of a model which has worked, the Easter Paradigm is one of hope and oriented with a view to the future — however long that may be.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Personal Looming Clouds

On a bright, sunny day, it is precisely those looming clouds which interrupt the enjoyment of a constancy of warmth; and when it is merely a temporary darkness, where a floating wisp will darken the skies but for a brief moment, it is merely an irritation, a lazy thought where desire and comfort are merely awaiting such passing of momentary time.  But when the looming cloud remains, and others gather, the discomfort turns to a chronicity of dismay, and it is time to change the venue of one’s position.

The deciding point of filing for Federal disability Retirement benefits, whether under FERS or CSRS, from the U.S. Office of Personnel Management, is a determination often based upon a “quality of life” state of being.  Temporary discomfort, like a sporadic, looming cloud, which merely creates an irritation, is a bearable state of existence on the spectrum of that which constitutes the entirety of one’s qualitative state of life.

When that spectrum becomes dominated by a chronic state of irritation, where “irritation” has become transformed into a state where the brief respite from pain, or clarity and acuity of mind, is the exception rather than the rule, then it is time to consider filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

OPM disability retirement allows the Federal or Postal worker to have the requisite time to recover and recuperate from one’s medical condition, then to seek out a second vocation in life — one which will not continue to deteriorate and exacerbate the medical condition.  Discovering where one is on the spectrum of the qualitative scale of existence is an important first step towards making that all-important decision — one which may have lifelong reverberating consequences, if one waits too long.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: Social Isolation

Federal and Postal employees who contemplate filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, often feel a profound sense of isolation.

First, of course, the agency itself has a tendency to treat the medically disabled Federal or Postal employee as a pariah; that, somehow, suffering from a medical condition is within the control of the sufferer.

Then, if the agency is informed of the very intent to file for Federal Disability Retirement benefits, then certain consequential actions often follow:  a PIP may be imposed; leave restrictions may be enforced; an adverse action may be proposed, including a removal — often based not upon the medical condition, but all sorts of “other reasons” that have been tabulated, memorialized and recorded, by supervisors and fellow co-workers.  Yes, there is FMLA; yes, the Federal or Postal employee may file an EEO action or other potential lawsuit; but such counteractions fail to mitigate the sense of isolation and separation that the Federal or Postal employee feels, from an agency which he or she has expended one’s life and energies to advance for the cause of one’s career.

Third, when the Federal or Postal employee finally files with the U.S. Office of Personnel Management, OPM’s non-responsive attitude further exacerbates the sense of isolation.  A sense of closure is what one desires; of being able to obtain Federal Disability Retirement benefits, then to move on with life into the next phase of a vocation, the next step beyond.

One should always remember:  It is the very act of filing which is the first step in overcoming the profound sense of isolation; for, the act itself and the decision to move beyond, is the affirmative indicator that there is light at the end of the proverbial tunnel.

Sincerely,

Robert R. McGill
FERS Disability Attorney

 

CSRS & FERS Medical Disability Retirement: Confronting the Change

The transition from being a Federal or Postal employee to one of a disability retirement annuitant will inevitably spawn questions — not only concerning the process itself, but the impact, response, reaction and collateral events with which an Agency will engage the Federal or Postal employee.

The process itself can never be entered into, or participated in, within a vacuum.  Preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, is a complex decision, and one which involves so many facets — impact upon one’s economic circumstances; the transition to a different career or vocation; the severing of ties to coworkers and supervisors; a change in the way one lives one’s life, etc.

Thus, it is not merely a matter of filing paperwork; it is not just a recognition that one has a medical condition such that you cannot any longer perform all of the essential elements of one’s job, although that is also a large part of it.  Rather, it involves the emotion, mental, and physical toil and turmoil of “change”.  And, indeed, change itself is a stress; change of any sort means an end of something, and a beginning of something else.

It is often that “something else” — the unknown of the future, which represents and greatest fear and challenge.  But the question one is left with is often:  What choices and alternatives do I have?  Once that question is asked, the road through Federal Disability Retirement often takes an easier path.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for Federal & Postal Employees: Reminder

If a Federal or Postal Employee files for Federal Disability Retirement benefits under FERS or CSRS, remember that:  (A)  You are not required to stop working, as most people for economic necessity continue to work, and (B)  If you stop working, and you are not using your Sick Leave or Annual Leave, but are out on LWOP, remember that once you obtain an approval for your Federal Disability Retirement, that back-pay will be paid all the way back to your “last day of pay”, and not to the last day you “worked”. 

In other words, if you are out on LWOP for three months (as a hypothetical), and on the day before you are approved for your OPM Disability Retirement, you receive a paycheck from your Agency for 1 hour of SL or AL, then you have lost all of the potential “back pay” of the three months on LWOP, because the “last day of pay” was the day just before your Federal Disability Retirement was approved.  Be careful that this does not happen.  While donated leave is often accepted because of economic necessity, you will likely regret accepting such payment once your Federal Disability Retirement application is approved.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Initial Step Is the Most Difficult

I find that the initial step in filing for Federal Disability Retirement is the most difficult step for people to take.  It is often a psychological block.  I have spoken on this issue in the past.  For a Federal or Postal worker, especially in these constrained economic times where the job market outside of the Federal Sector appears restrictive, at best, the pressure of one’s medical conditions and the impact upon one’s job, results in an anxiousness when it comes to filing for federal disability retirement under FERS or CSRS.  Certainly, it is a significant pay cut.  Certainly, it is a worry that — although one may be able to make up to 80% of what one’s (former) Federal salary currently pays — it may be that the private sector may not offer the opportunities to make up the difference in the pay cut.  Yet, the choices are often stark and untenable; for, at some point, it becomes clear that one’s medical conditions prevents one from performing the essential elements of the job. 

As such, the only and best choice is to move forward:  in fact, even in this economy, creativity will be rewarded.  Private companies actually find independent contractors who carry his or her own health insurance a plus; part-time work is offered more readily in a bad economy precisely because it allows for companies to obtain necessary work and skills without having to pay the “extra” benefits.  The initial step is the most difficult; after stepping beyond the difficulty, Federal and Postal workers who obtain disability retirement benefits find that there is a different and better future — even in this economy.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: A New Beginning

After representing so many Federal and Postal employees over these many years, there are stories which continue to sadden me; as with all professionals, I attempt to bifurcate my life, and not get “personally” involved with my cases.  To blur the lines between providing sound and effective legal advice, and getting “involved” in the personal tragedies of my clients, would certainly undermine the professional effectiveness needed in providing for my clients.  To a great extent, I am successful. Every now and then, however, I am informed of a tragedy — and it touches me. Perhaps that is a good thing; for one can become insensitive, or “de-sensitized” in a way that can be detrimental.

I try and explain to many people that getting Federal Disability Retirement benefits should never be a judgment upon one’s career — let alone one’s life. A career can span a lifetime, or it can extend for a couple of years (i.e., at least the 18 months of Federal Service that is needed to even qualify under FERS). However long, to come to a point in one’s career where it becomes necessary to acknowledge to one’s self that certain medical conditions are directly impacting one’s ability to perform the essential elements of the job — such an admission should never be interpreted to mean that such a circumstance has somehow devalued the worth of a person.  Human beings are complex entities, bundled up by personality, uniqueness, family, job, hobbies, thoughts — a compendium of a history of one’s life.  Note that I merely inserted the concept of “job” within a sequence of many facets.  And, indeed, one’s job is important — it takes us away from the many other bundles of our lives, and forces us to expend 8, 10, 12 or more hours per day, Monday thru Friday, and some weekends, too.  But that which takes up a large quantity of our time does not necessarily or logically result in the definitional essence of a human being; the fact that we spend a great deal of time in the bathroom does not mean that such an activity defines our “essence”.  “Worth” of a human being attaches to each of us, and is inseparable from each human being.  One’s job and career constitute only a small part of us.  Let’s keep that in mind, and in its proper perspective.

Sincerely,

Robert R. McGill, Esquire