Tag Archives: more articles of interest for federal and postal employees with injuries or other disabling medical conditions from top fers attorney

Medical Disability Retirement under FERS: Where We Are

Ships moored at any dock must by necessity face three questions: Where they are; What their next destination is; Why they are there and why they are going to their next destination point.

Life in general is like that — that indefatigable question always on the tip of a child’s tongue: The “where” question, which also always contains the subtext of the “why” question.  Ever been on a car trip with a young child?  How much longer; where are we; why is…?  As adults, we become too engrossed in the busy-ness of our daily lives, and abandon the curiosity we once had.  Exhausted, often feeling defeated, we are too tired to even care about where we are, let alone how we got there.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s job, the question of where we are may suddenly take on a prominence heretofore abandoned.  Where we are — in terms of one’s ability to continue in the chosen career; in terms of one’s medical condition and its impact upon one’s essential job duties.

Contact a retirement lawyer who specializes in Federal Disability Retirement Law and consider the options available when prompted by the question, Where are we? — so that you can affirmatively know where we are.

Sincerely,

Robert R. McGill, Lawyer

 

OPM Disability Retirement for Federal & Postal Workers: The Messes We Make

We make many of them.  By “make”, too often implies that it is our fault; and yet, some greater number of messes we make are merely the consequence of unknown factors, thoughtless actions and unintended reservoirs of youthful behavior.  Our parents often clean up after the messes we make; and, for a time, at least, such parental love allows for the children to mature and grow up until the messes become less and the successes replace them.

Some parents take the harsher road: “You have to clean up your own mess”; while others take too lenient a role and never allow their children to learn from their mistakes.  Most parents take a middle-of-the-road approach and try and guide their children through life’s learning process of making messes.  Some messes, like acquiring a medical condition, simply come upon us and we have no control over them.

For Federal employees and U.S. Postal workers who are beset with the “mess” of a medical condition such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of his or her Federal or Postal job, filing for Federal Disability Retirement benefits is the “cleaning up” of the mess we have acquired.

Contact a FERS Disability Retirement Lawyer who specializes in Federal Disability Retirement Law, and begin the process of preparing, formulating and filing an effective Federal Disability Retirement application under FERS.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement from OPM: Holding a grudge

Doesn’t holding a grudge imply a certain level of intelligence?  Do other species have the capacity for holding a grudge?  Certainly, some breeds of dogs do — of getting into a growling match, or one of those “baring the teeth and gnarling sounds”, but with very little harm done; but if it is not “finished”, will come back and engage in some more noisy combat until one or the other is satisfied that neither a grudge nor a kiss will any longer be necessary.

“Having a grudge” can last a moment or a lifetime; “Holding a grudge” is comprised of the tenure of the grudge being held, and not as to its intensity of feeling.  Some grudges may be sweet and delicious; others, a gnawing sense that does greater harm to the holder than to the one for whom it is held.  There is, in the end, a difference between a grudge and a sense of resentment, although the former may include the latter, but the latter does not necessarily entail the former.  Siblings and best friends are famous for holding grudges; it reveals the level of hurt and care that becomes deep-seated when once betrayal cuts and bruises.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it is often an easy path to find oneself on where one was once the Federal Agency’s “star employee”; then, a medical condition sets in, and suddenly the congratulatory accolades become silent, and unilateral actions are taken by the agency which begins to foment resentment…and a growing “grudge match” begins.

Administrative sanctions are imposed; a PIP is initiated; perhaps, even removal from Federal Service.  Yet, all along, you are thinking: “I have a medical condition; why are they treating me this way?”  Grudges, indeed, often are held because of mistreatment or maltreatment; and it is often worse when there is no face or name to be placed with the grudge, but merely a large Federal Agency or the Postal Service that cares not a twit about your medical condition.

The best thing to do in such circumstances is to prepare, formulate and file an effective Federal Disability Retirement application with the U.S. Office of Personnel Management and “move on” beyond the sense of resentment and grudge-holding that can destroy a life further than the medical condition itself.  Yes, holding a grudge does imply a certain level of intelligence, but to hold one for too long shows a significant level of stupidity, as well.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Closet of skeletons

It is a metaphor that is familiar; of secrets, or near-secrets; of those cluttered past incidents and events that need to be kept in the hallway closet, perhaps even locked for safety and security, whether of embarrassment, regret or shame.

Yet, modernity has less of them.  With the disappearance of shame, of openness of societal mores and normative values disappearing, almost vanishing, there is then no need for the closet to exist, and skeletons are fewer and far between because we have redefined what is shameful, what should be regretted, and that which is deemed unworthy of public display.

“Man is the only animal that blushes. Or needs to.”  That quip is attributed to Mark Twain, of course; the grand humorist of American society, and the author of books that have touched the conscience of an unsettled people.  How does a species stop blushing?  By rearranging that which triggers such a characteristic – the words that touch, the concept that shames, the sentence that embarrasses and the paragraph that pushes.

There are, of course, positive consequences, as well; for, the openness of society and the suppression and obliteration of normative standards have allowed for silent crimes that were once unspoken to be openly displayed and cauterized.  Perhaps, sometimes, “talking about it” opens things up, allows for the public airing of that which was hidden because polite society did not want to deal with it; but since it existed, anyway, we might as well open the closet of skeletons as a society and let everyone see whatever it is that we were ashamed of.

Sometimes, or more often than not, those monsters within are greater than the reality of the objective world.

Medical conditions often relate to such a concept.  We tend to hide them, be ashamed of them, and make of them larger than what necessity dictates – except for old men and women standing in the line at the post office who openly discuss the details of their last operation and procedures, of course.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, remember that filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often like the closet of skeletons; once they are out in the open, the agency and the Postal Service will have to deal with it, just like the Federal or Postal worker who had to “deal with it” – the medical condition – for all of these many years, fearful of the shame of revelation and the reaction of the Federal agency or the U.S. Postal Service.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Benefits under FERS & CSRS: The Art of Living

The imperfect medical science and taking the option of Federal Disability Retirement

Art is the unleashing of a creative mind, unconcealed to flourish without constraints of physical laws; science, in contrast, must follow the dictates of an objective universe, attempting to understand that which is concealed, unrevealed, and within the mysterious imprint of hidden codes.

Whether medical science is that far removed from latter days of sorcerers and shamans, people can debate; it is, however, the success of modern science and medicine, which establishes credibility with the populace.  But while disciplines rise or fall based upon the pragmatic considerations of success of the last procedure performed, people must go on living — in the face of disciplines yet imperfect.

Bloodletting was believed for centuries to maintain the balance of a person: blood, phlegm, black bile and yellow bile, constituted the necessary elements, and when any single element dominated the others, releasing the over-accumulation required bleeding of the body to regain that equity of humors.  If, in any singular instance of bloodletting, the patient became well thereafter and recovered from the malady, the “success” of the bloodletting would only have reinforced the underlying foundational principle behind the physical act and medical belief.

Living a life is often more akin to bloodletting than to the cold halls of science; for it is within the subjective confines of perspectives which predetermine the actions we often engage.

For Federal and Postal employees who suffer from a medical condition, the years and decades of attempting to “get better” by seeking medical treatment result in an inescapable reality:   If the science of medicine had reached a pinnacle of perfection, filing for Federal Disability Retirement would not be necessary; for, perfection in medicine would equal a cure. But as science is not a perfect principle, and neither is the art of living, so the practical truth is that one must resort to a metaphorical engagement of bloodletting: something in life has to give, and the imbalance of humors of yore is often the stresses of modernity.

Federal Disability Retirement, offered to all Federal and Postal employees under FERS, CSRS or CSRS Offset, is not the perfect option, but it is a recognition that the humors of life are out of balance, and need some bloodletting.

Work is the element which has become “over-accumulated”, and that is why Federal Disability Retirement is like the placing of leeches upon the sickened body:  it may not be the best option, but where art of living is concerned, the balancing of humors is often preferable to the crumbling halls of an ivory tower once thought to hold the key to the mysteries of life’s misgivings.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Foreign Lands

There was a time when foreign lands had a sense of the exotic and prohibitive; but in a shrinking world, where technology brings images of distant scenery into homes and living rooms “as if” time and geographical dissonance matters not; and where virtual reality and computer graphics crosses the bifurcated worlds of fantasy and reality; today, it is the native who finds that being a foreigner in one’s own country is far more common than merely the inability to communicate  effectively in a different tongue.

Being in a foreign land is merely a state of mind; the pendulum swings, and swings far and wide, when first one enters a territory of unfamiliarity; but over time, with growing acclimation and recognition through daily routines, the distance of the pendulum harkens back to a beginning point, and a balance is achieved.

That is how one felt when first the career and employment entered with youthful vigor was embraced just after the school days of yore; the tingling excitement of a new venture, a steady paycheck and fresh with ideas to conquer the universe filled the cauldrons of hope, and where the future beckoned but with endless opportunity and fenceless expanse.  Crisis points have a jarring effect.  They tend to dampen spirits and shake the foundations of confidence and composure.

For newly disabled Federal employees and injured U.S. Postal workers who are hit with a medical condition, even sometimes a mildly disabling condition, the sense is often that one has entered into a foreign land, and the language spoken is one which few understand, fewer still speak well, and where only a handful are willing to take the time to give explicit directions.  Suddenly, the very people who were once comrades in coordinated efforts of missions to accomplish, act as if they no longer know you; familiar doorways are suddenly shut; people whisper, and whether they do so in hushed and incomprehensible tones, or in a language unfamiliar, all amounts to the same.

The need to apply for a visa to exit the land once loved, becomes a reality to forebear; and the Federal or Postal worker who can no longer perform one or more of the essential elements of one’s job, must consider carefully the ramifications of leaving that land once beloved, but now distant in space, time, and geographical reality.  One has become a foreigner in a foreign land; and the exit still open is to file for Federal Employee Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

How, and whether, and to what avail, such tragedy struck, is not as important for the time being as the pragmatic steps needed to be taken in order to secure one’s future.

When war breaks out in a foreign land, the pawns to be captured and traded for barter and advantage often involve the vulnerable and the expendable; and having a medical condition which impacts the Federal or Postal employee’s capacity and ability to perform in the workplace, often becomes like a war zone of sorts; and filing for Federal OPM Disability Retirement benefits  is merely another type of fight, of a bureaucratic sort, through an administrative maze in another foreign zone of battle.

For the Federal and Postal employee who suffers from a medical condition, such that the medical condition prevents the Federal or Postal employee from performing all of the essential elements of one’s positional duties, the time to exit is before the borders are sealed, and to enjoy the scenery of foreign soil from the safety of one’s home.

Sincerely,

Robert R. McGill, Esquire