Tag Archives: medical retirement federal government attorney

Federal & Postal Disability Retirement: Life’s Satire

There is a subtle distinction between satire and comedy; as the latter is intended directly to evoke laughter, in whatever manner possible (though, of course, there are comedies which provoke guffaws of loud, unconstrained and boisterous mirth, as opposed to the delicious chuckle, and a spectrum of multiple layers in between), the former can be dead serious, in leveling commentaries and sharp criticism upon political or social misfortunes.

For Federal employees and U.S. Postal workers who have contended with the bureaucracy of their own agency, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management can be more akin to a satire, than a comedic episode of a tumultuous interlude.  Medical conditions are no laughing matter; but the process of coming to the realization that one’s own agency or the U.S. Postal Service will not do anything to accommodate one’s medical condition, despite a history of years and decades of dedicated service, is but a satire of sorts.

Then, the administrative headaches inherent in filing for Federal Disability Retirement benefits, whether one is under FERS, CSRS or CSRS Offset, is like a running commentary upon the satirical process which began when first we became a Federal or Postal worker.

Viewing a satire while seated as an observing audience, can be a pleasant experience. Identifying one’s self as one of the actors in the play, is what is most disturbing. But when the Federal or Postal employee who is filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, becomes both the spectator as well as the player, the scene itself takes on aspects of another turn: for, as dreams allow for the dreamer to sometimes recognize that one is dreaming, so the elevation of a dream into a nightmare can be identified as short-lived and merely to be endured until one is awakened from the slumber of a tragedy, yet unfolding, still to be determined as to the outcome of the satire of life.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from the USPS and Other Government Agencies: Construction

Meaning and value are attached to building, and watching the construction of end-products resulting from an assembly-line of incremental, almost imperceptible progression of composite aggregations of artistry.  To build, and to witness the progress of effort expended, is to reveal advancement and accomplishment; and so the evidence of our cleverness is determined by the accumulation of that stuff which represents and constitutes a lifetime of endeavors.

We add children to our family, and watch them grow; we are satisfied when bank accounts enlarge; puppies become dogs; houses are built; office spaces are rearranged and furnished; the empty space is filled.  We witness the building of things, and it is the completion of that which we construct that provides for satisfaction and value upon the end product, before we go on to the next, and the next.

But what of human value?  Is the pinnacle death, or some intermediate vortex where the progression on a graph reaches an apex, then trends downward towards a demise?  Can we analogize the construction of an inert object and extrapolate an anthropomorphic value in comparison with a person’s life? Medical conditions and their interruptive characteristics have a tendency to suddenly bring questions encapsulating value, meaning and futility to the fore.  One can spend a lifetime building, only to watch the fruits of such labor become diminished, or destroyed, through the intervening unexpectedness of a medical condition.

Filing for Federal Disability Retirement benefits by the Federal employee or the U.S. Postal worker is often viewed as a stop-gap measure which fends off the tides of change. Change is unfortunately an inevitability of life.   For the Federal and Postal worker who has spent a lifetime building for the Federal Sector, who suddenly finds that a medical condition prevents him or her from performing all of the essential elements of one’s job, and must therefore face (a) resignation, (b) termination, or (c) the alternative option — whatever that may be; it is the last of the three options which possesses the potential for future construction.

Federal OPM Disability Retirement is the option available for all Federal and Postal workers who meet the minimum time and age criteria, in the effort to stem the downward spiral of a dismantling effect upon a lifetime of value, meaning, and teleological progression of building and construction.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Interruption of Tradition

The common remark against the American culture is that it lacks any stabilizing force of tradition.  That is a fair criticism, given that it has emerged from a recognized “Old World” and designated as the “New World”; and, indeed, it is where cultures and traditions were left behind, in search of a fresh beginning and open opportunities to remake one’s self, the future, etc., and thus leaving behind the past and old ways of living and thinking.

That is the macro-cultural perspective; but within the microcosm of one’s insular universe, the privacy of small pockets of traditions form.  Individuals and families perform acts, engage in daily living and embrace repetitive forms of normative establishments, thereby creating private dwellings of tradition.  Yes, the concept of tradition normally is comprised of the transmission of an established set of values, beliefs, etc., from generation to generation; but if there exists none, and freedom and liberty continually interrupts the constancy of cross-generational transference of the old ways, can one “create” a tradition within a family, a group, or an individual?

For the Federal employee or the U.S. Postal worker, the vacuum of a lack of tradition necessitates finding security and refuge in one’s family and the daily, repetitive connection with one’s Federal or Postal employment. That is why filing for Federal Disability Retirement benefits is often an extremely traumatic event.  Where values and self-identity are formed within the context of one’s employment, and where such identification of self extends for years and decades back to one’s family, the sudden interruption and dismantling of a lifetime of daily routine in performing the essential elements of one’s job, is indeed a trying and difficult time.

If “tradition” is likened to “routine”, and instead of inter-generational transmission of values, it is replaced with a set of constancy of actions over an expansive period of time, then the need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management can be likened to the sudden uprooting of a person who must travel from the “Old World” to the New World.

What devastating impact upon the psyche must have occurred upon arrival to a strange land.  But then, such psychology of trauma must be similarly experienced by the Federal or Postal worker who loves his job, but where a medical condition suddenly necessitates the sudden demise of working for a Federal agency or the U.S. Postal Service; and where one’s self-identity must now change because he or she can no longer perform all of the essential elements of one’s Federal or Postal job. Whether under FERS, CSRS or CSRS-Offset, the Federal or Postal worker who, as a result of a medical condition, can no longer perform one or more of the essential elements of one’s job, can file for, and become eligible to receive, Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Yes, it can be a traumatic event; and, yes, it can be the destruction of a tradition of years of established routines in one’s life. But like the immigrant of old who had to uproot from a land where opportunities faded and starved, the Federal and Postal worker who files for Federal OPM Disability Retirement must look to the future, and follow the sage advice of old, as Horace Greeley is said to have quipped, and to “Go West, young man…”

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement: Making the Legal Argument

Legal arguments are merely a subset of ordinary ones; as variations of the facetious quip goes, if the facts are not on the lawyer’s side, then he will argue the law; if the law is not, he will argue the facts; if neither, then he will attempt to confound and obfuscate both.

By sequence of logical argumentation, it is self-evident that “facts” must be the first order of presentation; then, persuasive discussions concerning those facts, forming and molding a given perspective (for there is surely a distinction to be made between that which “is” and that which “is seen” by a particular individual, bringing in the subjective component of interpretation and conveyance of information); and only after the facts have bespoken should persuasive efforts follow; and then, the legal argument to be made.

Thereafter, the question of how aggressive a legal argument; of pounding like a hammer, or the subtle tap of the constant but insistent drumbeat, guiding the listener with a roadmap as to why a decision should be made pursuant to persuasive force, or threats of further legal action.

For the Federal and Postal worker who is trying to have a Federal Disability Retirement application approved, the art of persuasion, the effective use of legal argumentation, and the delineation of factual roadmaps must be coordinated with the utmost of care.  Administrative processes are often replete with frustrating procedures to follow, and it is a dangerous endeavor to allow for one’s frustration to erupt when dealing with a bureaucracy which is rarely responsive, and normally unaffected by the most dire of circumstances.

Thus, in sequence of logical argumentation: The facts as portrayed in as objective a manner as possible; the interpretation of the facts, such that the subjective perspective is insightfully applied, but without the overuse of the “I’ or “me”; argumentation; then, and only then, the applicability of the law.

Federal Disability Retirement is a benefit offered to all Federal and Postal employees who meet the minimum eligibility requirements of time in Federal Service, age and a level of medical evidence which must be carefully and thoughtfully presented.

As such, for the Federal or Postal worker who intends on filing for the benefit of OPM Disability Retirement, whether under FERS, CSRS or CSRS-Offset, the art of factual and legal argumentation must be presented with persuasive force, often like the slow dripping of an unconstrained faucet, as opposed to the break of a dam.

Sincerely,

Robert R. McGill, Esquire