Tag Archives: light duty fers lawyer usps

FERS & CSRS Disability Retirement: Pretending

It is the creative imagination which ultimately separates man from his counterpart; and, in the end, those costumes we display, and wear as vestiges of who we were, what we have become, and how we want others to appreciate us — in the aggregate, they reveal either our pretending selves, or at the very least, our pretentiousness.

For Federal employees and U.S. Postal workers who have a medical condition, such that the medical condition necessitates filing for Federal Disability Retirement benefits under FERS, CSRS or CSRS Offset, the extension from childhood through adulthood is best personified in the ability and capacity to “pretend” — assume the role of the loyal civil servant; march on in quiet suffering; brave through in silent grief the turmoil of a progressively worsening medical condition.  But when “pretend” encounters the reality of pain and self-immolation of destruction and deterioration, there comes a point in time where childhood fantasies and dreams of want and desire must be replaced with the reality of what “is”.

That annoying verb, “to be”, keeps cropping up as an obstacle of reality, forever obstructing and denyingReality sometimes must hit us over the head with harsh tools of sudden awakenings; for the Federal or Postal worker who must consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the wake-up call is often the alarm-clock that rings after a long weekend, when rest and respite should have restored one to healthy readiness on the workday following, but where somehow the face of pretending must still remain.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney: The Aftermath

We like to think in linear prose; that is why, when E. E. Cummings showered the literary world with typographical disarray, a collective groan of discomfort visibly shook the foundations of the art form.

In daily life, it is the capacity of seeing a beginning, continuum and conclusion to a segment of a bifurcated visual horizon, which makes for sanity.  Closure and a sense of termination allows for satisfaction of an accomplished deed.  To be required to maintain a project, a task, an obligation, etc., is to engage in an eternal hell of unendurable agony; but that is, in the end, what must be done for most things, which is precisely why life is a challenge of inestimable proportions.

Federal Disability Retirement is no different; once obtained, one would like to think that closure has been accomplished, and that life is nothing more than forward-looking deeds to be reached like ski slopes allowing only for downward spirals of travel, never needing to look back.  But maintenance of effort is always a requirement; making sure that one is preserving the rights which one has fought so hard to gain, is a daily task, a present obligation, and a necessity of life in Federal Disability Retirement law, as in other sectors of life.

Whether to recognize the earned income cap for Federal Disability Retirement annuitants while still under a certain age, or making sure to be able to re-certify one’s ongoing medical condition and disability — these are never tremendously onerous tasks, but ones which can only be satisfied if one is fully aware of the laws which govern them.

Filing for Federal Disability Retirement benefits by the Federal employee or the U.S. Postal worker, whether under FERS, CSRS or CSRS Offset, is the first step in securing one’s future; the aftermath is the second and many subsequent steps, in ensuring the viability of that which one fought for in the first place, lest history should be repeated and goblins be allowed a resting place where none should be.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: The Recurrent Nightmare

Perhaps it is explicit, of images which repetitively beat the drum of constancy; or, sometimes, despite every effort, one cannot recall the harrowing particulars of a nighttime of eternity filled with dissipation of fear and loathing.

Restorative sleep is lacking; whether from pain, nightmares or paralyzing panic attacks; and the medical designation of insomnia, Obstructive Sleep Apnea, or psychiatric conditions of Generalized Anxiety Disorder, intrusive nightmares; or perhaps it is much more direct and simple:  pain which prevents getting into a comfortable position in order to drift off into the dreamland of serenity, and where the sharpness compels one to awaken with a scream, only to find that it is the silence of one’s aloneness which permeates the quietude of the voice which no one hears.

The next morning, the profound fatigue and exhaustion, beyond the mere ache of tiredness, with residual cognitive dysfunctions,follows one throughout the day, like a scent of undefinable and unidentifiable aura, always there but never quite connected, either in location, distance or substantive content.  For Federal employees and U.S. Postal workers who experience a semblance of such a state of being, it becomes like a recurrent nightmare, and work becomes impacted in so many different ways.

In physical-intensive jobs, in the greater potentiality for mistakes and accidents; in cognitive-focused positions, in analytical miscues and inability to focus and concentrate.  Perhaps it all becomes reflected in one’s performance review, or one becomes placed on a “Performance Improvement Plan” (a PIP); or even be handed an Agency’s Proposed Removal; whatever the cost, for the Federal or Postal worker, it is time to consider preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset.

No, Federal Disability Retirement is not the “be all” and “end all” of solutions; but it is an option which should always be considered when once the recurrent nightmare engulfs the Federal or Postal worker with consequences of adverse actions imposed upon a fragile state of being ready to crack under the weight of a chronic disease or medical condition of such seriousness and sufficiency as to have impacted one’s capacity to perform all of the essential elements of one’s positional duties.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Usual Dialogue

Much of our daily dialogue is determined by rote repetition.  Discourse throughout a typical day need not be given much thought; breakfast routine; interaction with colleagues and coworkers; declarative statements which have been repeated hundreds of times, both by one’s own voice as well as by others; salutations which require merely an audible sound; and the sun sets upon another closure of human inertia.

Then, some dialogues awaken the soul.  A sudden discovery of infidelity (though, given the pervasive appearance of popular culture, that, too, is quite commonplace); a perpetrated criminal act; a discussion with one’s doctor concerning a medical condition.  Even the latter, of course, from the doctor’s viewpoint, can be quite commonplace.  But for the Federal employee and the U.S. Postal worker who has been pursuing one’s Federal or Postal career for years, decades, etc., the self-realization that a medical condition may end the financial security represented by one’s job, is a traumatic event in and of itself.

All options for the future must be considered; and the daily dialogue of rote routine must be cast aside.  This is not a time for niceties; it is an event for thoughtful action.  Preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, is an affirmative step which one must pursue aggressively.

The inertia of past repetition of life’s puzzlements; the frightening prospect of an uncertain future; these must all be cast aside, and the reality of facing a time of forced creativity must be fully engaged.  And then, of course, there is the added anxiety that the administrative specialists at OPM will view your own application for Federal Disability Retirement benefits as just another ho-hum event, one which is merely part of their usual dialogue.

It is up to the Applicant him/herself, in preparing, formulating and filing for Federal Disability Retirement benefits, to ensure that the Federal Disability Retirement application is cogent, clear, concise and convincing — in other words, not part of that daily dialogue of thoughtless repetition.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Affirmative Steps

Procrastination is the bane of progress; by delaying and kicking the proverbial can down the road, the chances of decreasing one’s odds of accomplishment become magnified exponentially.  What is the reasoning behind inaction and inertia?

Human life must by necessity involve movement and progress; for, unlike other species who find the immediacy of satisfaction and gratification to be the basis of existential justification, we bring to the fore the coalescence of one’s memory of where we came from; a future hope of where we want to go; and in combing the two, a greater purpose of teleological rationality within the context of the here and now.  But that which provides the foundation of uniqueness, can conversely be the lynchpin of destruction.

Self-justifying language games of self-immolation; we can construct strings of logically valid reasonings based upon convoluted cacophonies of orchestrated mutterings.  But that which appears reasonable is not always valid; and as validity constitutes the systemic structure of logic, so that which may reveal itself as sound uttering may merely be a whining whisper of a mad man’s meanderings.

For Federal employees and U.S. Postal workers who can no longer perform all of the essential elements of one’s position, the reasons for not filing for Federal Disability Retirement benefits are wide, varied, and often complex.  “This job has been my life for so long” (understandable, but change is often an inevitable feature of life); “Maybe my agency can accommodate me” (unlikely); “I am hoping to get better” (yes, but in the meantime, what is your agency planning to do?).

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is a big and dramatic step.  But for the Federal and Postal worker who cannot perform at least one, if not more than one, of the essential elements of one’s positionally-determined duties, it is time to consider taking some affirmative steps in a direction which one often knows to be true, but where procrastination is the path of least resistance.

And, yes, to err is human, but at what cost, and where does human history reveal that delay results in a successful outcome?

Sincerely,

Robert R. McGill, Esquire