OPM Disability Retirement under FERS: Interests at odds

A comity of interests has to arise in order for relationships to “work” — in whatever arena of meaning such a term must apply.  When interests are at odds, it means that the goals, orientation and direction of each of the parties are conflicted.  A “conflict”, of course, can be direct or indirect, and can be on various levels of complexities, but in general would imply a need to sever ties unless such conflicts are resolved.

In the employment arena, the comity of interests is fairly straightforward: The employer has a set of interests that need to be pursued; the employee, desiring to advance the interests of the employer, agrees to join in with the comity of interests in the common pursuit of stated goals.  Compensation is agreed upon; certain conditions are mutually stated and a contract, whether explicit or implied, is formed.

Conflicts may arise during the course of employment, of course; if a competitor makes an offer to the employee unbeknownst to the employer that directly or indirectly conflicts with the stated goals of the employer, certain ethical questions may arise.  Or, if certain employment conditions fail to be met, the “interests” of each begin to be “at odds” — an odd way of putting it, but that is the lexicon that has arisen in the employment arena.  It is almost a euphemism to avoid the harsh reality of other “choice” words.

Medical conditions can certainly “bring to odds” and damage the employer-employee relationship, and certainly Federal employees and U.S. Postal workers recognize that.

The “solution” that has been preemptively provided is the benefit known as “Federal Disability Retirement” — it is a means to avoid or otherwise resolve the conflict that arises when a Federal employee or Postal worker can no longer perform one or more of the essential elements of one’s Federal or Postal job — where, in the event of a medical condition no longer allowing for the Federal or Postal employee to fulfill certain of the employment conditions agreed upon (i.e., not being able to maintain a regular work attendance; unable to work full time any longer; taking too much SL or LWOP; unable to perform all of the essential elements of one’s job, etc.), then it is time to access the benefit of filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Of course, the “interests at odds” is not just between the employee and one’s own Federal Agency or the Postal Service — it is also as against another agency: The U.S. Office of Personnel Management who attempts to subvert, deny and otherwise place obstacles in obtaining an “approval” for Federal Disability Retirement benefits.

That is why the “interests at odds” needs to have an advocate — of an attorney who specializes in Federal Disability Retirement Law.  Consult with an attorney who can help you attain the comity of interests, and to counter that entity which clearly is at odds with your interests.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: The transgression of indifference

The combination creates an oxymoron of sorts; as the former implies aggressive behavior of a violative act, while the latter is a response of apathy and neglect, so the two in their cumulative aggregate creates an inherent conflict of conceptual countenance.  It is, however, how most of us act, behave, and arrive at the essence of one’s being, at more points in our lives than we would like to admit.

Life has a way of defeating us.  Whether by tumults of crisis untold; loss of family or loved ones; medical conditions that debilitate and gnaw at the humanity and dignity of simple living; or perhaps because of the tiredness which we feel just from the sheer weight of responsibilities and cares which eat away, slowly and progressively, at the youthful energy from whence we began.

As a child, the hopes and dreams imparted from stories of granddad’s escapades during the war; or of the warmth of love felt in a furtive look stolen when whispers barely discernible but for the quite giggles which unveiled a love forlorn in the midst of midnight clairvoyance; but as we grew older, we shed the dust of an angel’s residue, left as sparkles of gold which brightened our future with plans and purposes, like the teleology of gods unrevealed in their codes of Thor’s thunderous commands.

Somehow, somewhere, along the road of life, we began to be indifferent.  Transgressions from others — from Postal Supervisors or of Agencies that constantly harass and attempt to intimidate — began eating away at the hopes of a career once bright, but now suddenly threatened by a medical condition.  Of all of the sins in the world, the worst is the transgression of indifference; for, what such a state of existence reveals, is that the person afflicted with it no longer cares, and has come to a point of being where such indifference becomes the defining solace of inactivity in a world which requires acting.

For that Federal employee or U.S. Postal worker who has come to such a point in life — where the medical condition is just about to defeat, but not as of today; where the harassment and intimidation of the agency is just about to destroy, but there remains a glint of spark in the belly of one’s soul; and when the energy to respond still remains, but like a dying ember falling down an endless chamber of eternal abyss; for such a Federal or Postal worker, it is time to prepare an effective Federal Disability Retirement application, submit it to the U.S. Office of Personnel Management, and wait for an approval in order to step out of the transgression of indifference, and begin to live life again in a way that matters.

Sincerely,

Robert R. McGill, Esquire

 

Early Medical Retirement under FERS & CSRS: Of spare things left in the world

We don’t seem to have a capacity to share of those things which we have no need, anymore.  Does scarcity of resources result in “doubling down” in ways formerly described as miserly in deed?  Does the free market principle of supply and demand explain the loss of social grace in responding to need?  What ever happened to the spare tire, the jingle of spare change, and the ephemeral absence of spare time?  Has society come to a criss-cross of contending forces, where the explosion of population growth, the rise of the middle class in developing nations around the globe, coupled with the exponential depletion of finite resources, have cumulatively coalesced to an incandescent compromise of character crisis?  Does the lack of everything mean that we can spare no more for others, or provide assistance in the event of need?

As for the spare tire issue, the fact is that modern technology has extended the wear of tires, and many people have lost the knowledge or skill to use a jack or a lug wrench.  This, combined with fear of scams and roadside robberies, in conjunction with the durability of today’s tires, has resulted in the widespread consequence of calls for help defined as a cellphone dial for professional roadside assistance.  Further, society has deemed that any caricature of a ‘damsel in distress’ is tainted with a misogynist attitude; and we certainly would never want to be charged with an ‘ism’ at the cost of helping another.  And of spare change?

Homelessness has been relegated to either a non-existent phenomenon until a different political tide rolls in, or has otherwise been linguistically redefined as an alternative lifestyle.  What remains, then, is our spare time — which we have no more of, despite the constant drumbeat to the contrary that the aggregate of modern technology is always supposed to ‘save us time’.  Isn’t that what we are told each time a new gadget is foisted upon us?  That it will save time so that we have more time for greater and more important things — like politicians who suddenly leave office or fail to seek another term in order to spend “more time” with family.  Right.

The fact is that we are left with very little of anything, anymore, other than to stare vacuously into the fluorescent chambers of computer screens and smartphone apps.  Yet, spare time, spare tires and spare change — while apparently mere arbitrary anachronisms of antiquity, alas, fading into the dim light of change itself — reflects a community of sharing now lost as art was once a defined form.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition prevents the Federal or Postal worker from performing all of the essential elements of one’s Federal or Postal positional duties, the idea of sparing a person a break, has gone the way of other spare things.  Neither the Federal agency nor the U.S. Postal Service has any spare time to spare anything, anymore, and certainly no more than the rest of society can spare.

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, can be likened to the spare tire in the back of the trunk, which is always there but forgotten but for the time of crisis or need.  When the Federal or Postal worker can no longer perform one or more of the essential elements of one’s positional duties with the Federal agency or the U.S. Postal Service, then preparing an effective Federal Disability Retirement application to OPM is like getting out that spare tire.

The problem is, as most people have lost the skill to use the ‘other’ implements hidden beside the spare tire — like the jack and the lug wrench — so the proverbial roadside assistance may be required.  As for spare change and spare time?  Pockets are a requirement for the former, and future fashion will determine the necessity of an antiquated design, as will inflation and online banking for the need of coins or paper money at all; and as for the latter, we are told that we have more of that than ever before; just not enough to spare for others.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: Of Karl Popper’s ‘World 3’

Karl Popper’s division of the world into three clean segments of definable universes was, on the one hand, quite controversial — especially as the esoteric world of philosophy had been steadily ‘progressing‘ towards pure materialism and scientism; and yet, on the other, self-evident to almost a simplistic, tautological fault.  Perhaps that is the very implication of profundity: it is that which appears so basic and elementary as to presuppose idiocy, but containing such inherent complexity as to remain beyond the reach of most.

In simple terms, the division of the world followed the classic lines of human history and linear development of evolutionary concordance: ‘World 1’ referred to the physical universe surrounding us; ‘World 2’, the purely psychological make-up of human beings, with a special concern to Popper concerning the internal pain and anguish which we feel; and of ‘World 3’ — that universe which is the subject of this short blog, the aggregate of human products and man’s creative injection into the world, comprised of art, literature, cars, buildings, customs and normative behavior, including dress, style, fashion, etc.

There is, of course, inevitable interaction and intersecting between the bifurcated ‘worlds’ — for example, a book of literature (say, Salinger’s The Catcher in the Rye) would be both an object existing in ‘World 1’ as well as a product of human creativity from ‘World 3’. But note the peculiarity of the overlap, which makes for a unique phenomenological observation: Say you had 2 copies of the book, but one which was published in January, 2015, and another with the stated date of July, 1951.  Consider further the added element that in the latter edition, a scribble appears, which happens to be the autograph of the author.

From the perspective of Popper’s ‘World 1’, both objects would appear to be essentially identical — with the former intact, and the latter somewhat damaged because of the graffiti defiling a clean page.  However, from the vantage point of the person who possesses and ‘owns’ (a concept which would clearly belong to Popper’s ‘World 3’, as well) the autographed object, a sudden recognition of value, wealth and uniqueness would immediately attach — leaving aside intersecting points with ‘World 2’ involving envy, jealousy, awe and disbelief (which would be shared by the undersigned writer).  Thus do the various and variegated ‘worlds’ of Karl Popper posit for our study, agreement/disagreement, and further reflection.

Such division and segmentation of worlds and universes are often proposed merely for esoteric and pedantic purposes; of ivory tower conceptual constructs which have little to do with the day-to-day lives of ordinary human beings who struggle to make a living, maneuver through the complexity of the world, and attempt to survive the manipulative machinations of a society governed by microcosms of powerful but unnamed sources of evil and collusion.  But there is a recognizable worth and value to some of us, for pointing out the existence and demarcation of artifice as opposed to the natural environment from whence we came.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, such a bifurcation of the universe into clean segments of definable compartments, is to recognize that the complexity of the administrative and bureaucratic process encapsulating the entirety and aggregation of the process cumulatively entitled, “Federal Disability Retirement under FERS, CSRS or CSRS Offset”, is ultimately a product of Popper’s ‘World 3’, and not merely a nightmare emanating from the deep recesses of our troubled psychosis self-contained in ‘World 2’, but of an intersection between the universe of madness created by our own desire to further separate ourselves from the simplicity of ‘World 1’, from whence we came.

Sincerely,

Robert R. McGill, Esquire