Federal Disability Retirement: Vows and Contracts

People take vows for various reasons: vows of silence, as a satisfaction of a prerequisite for initiation into a religious order; vows of marriage, for the union intended for a lifetime of commitment and self-sacrifice; vows of revenge, for a personal vendetta in retribution for actions suffered against one’s self or on behalf of another; and similar vows of unremitting focus until the satisfaction of such enduring commitment is accomplished.  Similarly, contracts are entered into each day, across the globe, between individuals, corporate entities and groups formed specifically for business and personal reasons.

Is there a difference between a “vow” and a “contract“?  On a superficial level, the former is viewed as a “higher order” semblance of the latter.  In a deeper sense, that is not only true, but all the more so — or, in erudite form, a fortiori.  For, to vow is to give of one’s self in totality of being; it is a gift of one’s self, often without any expectation of a similar receiving.

In contract law, of course, it is precisely the comparative analysis of a “consideration” provided and received, which determines the viability and sustainability of the agreement itself.  Far too often, Federal and Postal employees see their commitment to an agency or the U.S. Postal Service as a “vow” in employment, as opposed to a contract freely entered into, and just as freely abrogated when the need arises. This is seen when a Federal or Postal employee suffers from a medical condition and must consider the need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS.

The Federal or Postal employee treats the job as one of a “vow”, as if the significance of clinging on to the position is of greater importance than the detriment manifested to one’s health.  Federal Disability Retirement benefits, offered to all Federal and Postal employees under FERS or CSRS, is merely a contractual annuity accorded based upon the status of the individual as a Federal or Postal employee, and further proven by a preponderance of the evidence.  No vows have been exchanged — neither of the silent type, implicit, nor explicit, and certainly not of an unequivocal or unremitting nature.

Contractual terms are meant to be asserted; and one of the provisions of the “contract” for all Federal and Postal employees, is that when the Federal or Postal employee 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 job, then eligibility for Federal Disability benefits may be invoked.

To accept a contractual provision is never to take advantage of anything, unfairly or otherwise; rather, it is merely a satisfaction of terms. To do otherwise, and to confuse X as Y, as in mistaking a contract for a vow, is merely to bathe in a puddle of muddle-headed thinking.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Of Knights, Integrity and Betrayal

Perhaps they are arcane and archaic concepts of feudal vestiges and residues of a time past, when the world was comprised of simple and simplistic codes of conduct; and of a world long declining, such surviving stewards adhering to outmoded manners will ultimately pay the price of extinction.  In a fast-paced world of changing circumstances, where the linguistic gymnast can contort truth into falsity and vice versa, integrity is merely a power move, and those who can get along without it can live with the betrayal of others and self, without consequences.

Federal and Postal Workers who suffer from a medical condition, and are shoved aside as mere objects of derision, experience a heightened sense of integrity violated and betrayal encountered.  It is often at the expense of their health that work was considered paramount and principled; and so long as production quotas and the mission of the agency was promoted, the smooth smiles of superiors and supervisors oiled the way for a seemingly bright future.  But medical conditions have an insidious character; they can be concealed for a time, but will ultimately manifest themselves in alternative ways of revelatory revulsions.  Hiding a medical condition only increases the stress; stress in turn exacerbates the primary medical condition.

For the Federal or Postal Workers who thought that unwavering fealty to an agency or the U.S. Postal Service would be rewarded by a similar response when a medical condition begins to impact one’s ability to perform the essential elements of one’s job, the surprise, hurt, and betrayal felt is often of devastating effect.

The option of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal Worker is under FERS or CSRS, is one which should always be considered as the singular viable alternative to act upon. Yes, integrity violated often tempts one to react against the agency; and, yes, betrayal should have a consequence. But knights and codes of valor are left to literary enjoyments of a bygone era; and we must always keep in mind of the story of that famous knight who fought bravely, only to find that they were merely windmills rotating in circles of futility.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Cognitive Dualism & the Two Incommensurable Paths

Cognitive dualism is the concept that one cannot hold onto two competing and contradictory beliefs while maintaining a life of integrity and consistency. It is tantamount to suffering from a form of intellectual schizophrenia, potentially resulting in dire consequences and paying the price for attempting to force the cohesiveness of two incommensurable paths.

The anxieties which exponentially magnify; the undue stresses which naturally result from attempting to retain the impossible; at some point, the natural divergence of both will force the split, or in modern domestic parlance, determine the “uncoupling” in a nasty divorce of ideas.

For Federal and Postal employees who must contend with the inconsistency of attempting to address a medical condition while at the same time keeping control over one’s employment, such cognitive dualism becomes a harsh reality which is confronted daily. How does one deal with the serious medical issues, which should always be the priority, while at the same time address the impact upon one’s inability to perform all of the essential elements of one’s job?

The two incommensurable paths may come to a crisis point, where both cannot be adequately maintained.  It is at this point that the Federal or Postal Worker must consider the option of Federal Disability Retirement.  For, Federal Disability Retirement benefits are precisely those employment benefits available for the Federal or Postal Worker who finds him/herself in such a situation of cognitive dualism, where two incommensurable paths must necessarily be addressed, and one must be chosen.

The stark reality and the harshness of the choice would be: one’s health, or one’s job. But for Federal and Postal employees, there is a “third” path — that of Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS or CSRS, and filed through the U.S. Office of Personnel Management.

Thus can cognitive dualism be reconciled where two incommensurable paths may seemingly diverge, and allow for a compromise of sorts, by fighting for an approval of a Federal Disability Retirement annuity through the U.S. Office of Personnel Management. Not all paths must split into two, where choices are bifurcated into an either/or; instead, sometimes one must find the hidden path through the grassy knolls less traveled.

Sincerely,

Robert R. McGill, Esquire

 

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

One often hears about the fragile ecosystem of which we are a part.  We speak of such natural orders as if they are somehow separate and distinct from our own existence, and indeed, because we create insular communities and artificial oases of cocoon-like existences, differentiated from the rest of the natural world, we can refer to such organic systems as if they are merely textbook civilizations of another universe.

The linear line of manufacture-to-production, then to commercial commodity-to-consumption, where we pick up neatly packaged goods at the local grocery store, alienates us from the harsh reality of the slaughterhouse.  Just for academic interest-sake, look up the history of polio and how interconnected the epidemic came to be as a result of cleanliness, antiseptic living, and the desire to dominate our environment.  By separating ourselves and creating our own artificial universe of separateness, one wonders whether human frailty is another one of those unintended consequences.

The counter to such a view, of course, is the known resilience of human beings.  Even devastating and debilitating medical conditions often serve to magnify the strength of human character.  That is why, for Federal and Postal employees who find themselves in a situation where the medical condition has come to a critical point of impacting one’s ability to perform the essential elements of one’s job, such Federal and Postal employees have often waited until they cannot wait any longer.  While not the wisest of decisions, it shows the resilience and determination of human beings.

Yes, Federal and Postal employees often have the unwarranted reputation of being civil servants who don’t “really” earn their money; but that is merely the ignorant groans from an unknowing public.  Federal and Postal employees whom this author has had the privilege to represent, are to a person workers who have dedicated their lives to the detriment of their own suffering.

For Federal and Postal Workers who need to consider filing for Federal Disability Retirement benefits, whether under FERS or CSRS, with the U.S. Office of Personnel Management, no amount of apologies for such a decision should be necessary.  For, in the end, the most important of ecosystems which needs to be preserved and protected is that comprised of the individual human body, which is a self-contained ecosystem in and of itself.

Sincerely,

Robert R. McGill, Esquire

Federal Gov. and USPS Disability Retirement: Time Once Lost…

The time we expend ruminating upon future events which fail to occur; or engaging in frivolities beyond needed leisure to restore one’s mind and body; it is when action or inquiry could have answered one’s concerns that such time, once lost, is lost forever.

Some of the effort expended can be justified; certainly, before one can engage in action or inquiry, some time must be used for thoughtful preparation; but to ruminate endlessly in repetitive, circular fashion, is to allow for human frailty to overwhelm that characteristic which should be paramount in our lives:  rationality and the ability to properly reflect, analyze and judge accordingly.

Time has become a commodity of worth beyond mere measurement of the movement of objects; it is limited in scope but demanded far and above the capacity of existent supply.  Technology was meant to ameliorate; but we all know that it has only exponentially robbed us further of this valuable and limited unit.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition impacts one’s personal and professional life, the value of time cannot be emphasized.  Ruminating about one’s condition and the orientation for one’s future will not get one from point A to destination B.

Time is of the essence, and with the bureaucratic headaches and administrative delays compounding the difficulties, both at the agency level as well as with the U.S. Office of Personnel Management, delay only creates to magnify the importance of time, timing, and the measuring of timeliness.

Time expended in fruitless efforts, once lost, is lost forever.

Sincerely,

Robert R. McGill, Esquire