Medical Retirement under FERS & CSRS: Childhood wishes

We had them; some of us still remember and harbor them like sacrosanct relics of priceless value; and still others know of them and recollect some general idea long forgotten, once delighted in, but now rotting in the vestiges of abandoned buildings hollow but for the frame that haunts in the midnight moon.

Wishes remain throughout one’s life, whether in the stage of adulthood or old age; but it is the childhood wishes one remembers that reveal the empty soul of what one has become, may still be, but struggles to abandon with a hope for tomorrow.  Some of them may be set aside as silly thoughts of an immature time; others, a revelatory insight into who we were, what made us become what we are today, and a telling hint of our present-day bitterness of embattled constitution.

Perhaps it was a love thwarted; a Dickensian tale of another Scrooge who foolishly wanted to pursue one pathway at the cost of another; or, maybe the childhood wishes were merely promises of correcting the sorrow of yesteryears, where neglectful parents and inattentive love left one yearning to promise corrective action when one became a parent yourself, but somehow such commitments were waylaid by daily life – of money troubles, relationship squabbles and expectation bubbles bursting by fits and starts.

It used to be that, before the age of Facebook and obsessive hounding for revelatory information about past friends and acquaintances, people would try to “better themselves” when they went away in order to come back and “show them” how successful one had become upon the glorious return and reentry at gatherings such as high school and college reunions – much like the Tom Sawyer effect of coming back from the dead – but not anymore, as everyone already knows everything to know about everyone else before such a re-gathering is effectuated.

At some point in one’s life, the comparison between childhood wishes and the reality of a daunting world magnifies the contrast that leads to an inevitable conclusion: the naïve innocence of those former times either worked as a detriment, in which case cynicism prevailed; or, those childhood dreams allowed for an expansive, healthy and positive outlook such that they provided a foundation for growth and potential for happiness.

For Federal employees and U.S. Postal workers who are struggling with a medical condition, such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal job, perhaps contemplating 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 the next step beyond for one’s future and security, and thought to be the “end” of something.

The difference between the two approaches may be nominal, or momentous, depending upon how one looks at it.  Is it like the proverbial attitude of the “cup half full” or “half empty”?  Or, is it because childhood wishes were never resolved, and that lonely and unhappy child one remembers never quite grew up, and the debilitating medical conditions now recall the dreams never realized, the hopes barely reached, and the potentiality not quite cultivated to fruition?

Look at it this way: Medical conditions are a part of life and daily struggle; filing for Federal Disability Retirement benefits should not be viewed as either the end-all or the be-all, but a necessary next step with a view towards advancing beyond the childhood wishes one still awaits to fulfill.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement: The timeworn tale

Are there such things, or just the boorish attitudes of impatient whims?  Are adages, quips and kernels of wisdom never perceived by eyes afresh, or do tales told ever-incessantly by husbands through the course of lasting marriages, or by grandpa at each visit to the chloroform-smelling nursing homes where coughs and sputtering are interrupted by stories regurgitated between gasps filled with oxygenated rasping, merely bore us all?  Of timeworn tales – where do they come from?  When do they end?

Is there a garbage heap of stories no longer told that old men and silent women visit, and leave behind the narratives no one wants to listen to, anymore?  Is it that we no longer have the time, nor the patience, to act “as if” for the benefit of old geezers and pitiable wheezers and instead, rudely interrupt when the tale begins, by saying, “Now, now, you’ve already told that one – many times”?

Yet, a perkiness of interest, a raised eyebrow, and a playful wink to the relative across the table; and the kindness shown to the children at the table, despite the 50th or 100th time told, that we could spend the time together, take the same monotony of predictability, but turn it into an occasion of joy “just because” – just because the person telling it is worthy, and we show how much we value life’s dignity above time “wasted” by the effort we invest upon the individuals we claim to care for.

We have no time for pity; no energy left for patience; and certainly, no stamina remaining for moments beyond our pleasurable self-fulfilling wants and desires.  That is why, when a Federal or Postal employee prepares one’s Federal Disability Retirement application, with the Statement of Disability on SF 3112A, along with the evidence of supportive records and medical narratives, there is no hush of anticipation by Agency supervisors, managers or coworkers.  Yours is merely another timeworn tale that they want to quickly bypass.

But the point, of course, is to get the “Administrative Specialist” at the U.S. Office of Personnel Management – the agency that makes all decisions on a Federal Disability Retirement application – to see beyond that timeworn tale of one’s medical condition, disability, and inability to perform one or more of the essential elements of one’s job.  For, that Administrative Specialist is the “hard one” to persuade – having read thousands, and perhaps tens of thousands of such timeworn tales.  It is thus the job of an attorney who has done this many times, who possesses the power of words in the narration of a compelling tale, that often makes the subtle but necessary difference.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Ruminations upon wrongs committed

Why is the filing of a Federal Disability Retirement application by a Federal employee or a U.S. Postal Worker often accompanied by a history of discrimination, harassment and persistent wrongs committed?  Perhaps, because a person who files for Federal or Postal Disability Retirement is reflective of a general consensus of human nature itself:  the microcosm of a delimited universe does not subvert the greater truth of humanity as a whole.

Despite all of the legal protections accorded – of required attempts to “accommodate” the Federal or Postal employee in conjunction with anti-discrimination statutes affording protection to those with identified medical disabilities; and, further, with a concomitant greater “social awareness” of the unacceptability of certain attitudes and behavior towards individuals with medical conditions that restrict one’s capacity to maneuver through the public access and spaces of business and buildings – these should all combine to reduce the actionable allegations committed and the legal entanglements ensuing.

Moreover, there is often a parallelism between the extent, severity and chronicity of a medical condition, and the ruminations of the impacted individual upon wrongs committed, with a proportionality between the lengthy history of one’s debilitating medical condition and greater increase of harassment and intimidation by a Federal agency or U.S. Postal facility – leading to deeper resentment and high incidence of filing an EEO complaint or other legal tender.

But for the Federal employee or U.S. Postal worker who is considering preparing, formulating and filing a Federal Disability Retirement application, the question that one must consider as to the interplay between wrongs committed and preparing an effective Federal Disability Retirement application is this:  To what extent will one impact the other, and will there by a negative interplay if both are concurrently pursued?  The answer is somewhat complex and complicated.

While most EEO cases that are filed concurrently with a Federal Disability Retirement application, or where there is some time-overlap between the two, there is little interplay or impact with respect to the Federal Disability Retirement side of things.  On the other hand, it is important that a Federal Disability Retirement application be prepared such that the essence of the Federal Disability Retirement case is reflective of the core duality of issues that comprises an effective Federal Disability Retirement application – that of the medical condition itself, and the impact of the medical condition upon the ability or inability to perform the essential elements of the Federal or Postal position – and not upon peripheral and ancillary issues that may be more relevant to a discrimination genre, such as “workplace harassment” or “retaliation”, etc.

In the end, to prepare, formulate and file an effective Federal Disability Retirement application to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, it is best to avoid any lengthy diatribes which reflect a greater consensus of a wider societal problem, and ruminations upon wrongs committed will not be helpful in a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The mortality reminder

When does mortality become a concern?  Certainly, not during the youthful vigor when the future holds bright concurrent with the cellular construct yet expanding and multiplying.  Is it with the first encounter that reveals vulnerability?  And what is defined as a “healthy” sense of it, as opposed to an obsessive conduit to a dementia of nihilism?  Does a “close shave” necessarily haunt everyone, or does it matter as to the sensitivity of a soul that such karma encounters?  What “reminds” one of a future terminal, as opposed to becoming an all-consuming journey to avoid the ultimate consequence?

Whether for future promises of glorious defiance of it (Christianity and similar belief systems) or of denial of the substantive reality we face by it (Hinduism, Buddhism and similar negation-bases faiths), the treatment of how it is approached, the methodology of embracing or rejecting, and the paradigms constructed in order to answer the underlying metaphysical queries, are “projects” which Heidegger has identified as those very endeavors to avoid the inevitable.

For Federal and Postal employees who suffer from chronic, debilitating, or otherwise delimiting medical conditions, such that the medical conditions prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal positional duties, the brush with the question of mortality becomes a reality precisely because vulnerability from the secure world one has previously taken for granted, becomes threatened with each day passing in the empirical experience of contending with the medical condition itself.

Medical conditions remind us of our mortality.  Certain and specific conditions tend to exponentially magnify it tenfold:  Post Traumatic Stress Disorder (in nightmares, intrusive memories and recalling of traumatic events); Major Depression/Depressive Disorder (by the loss of stamina and the overwhelming sense of despair); Generalized Anxiety Disorder, which may include suicidal ideations and panic attacks (via the heightened sense of intolerance to work-place stresses); and those physical conditions which result in chronic and intractable pain, from multi-level degenerative disc disease, cervicalgia, myofascial pain syndrome; Rheumatoid Arthritis, Fibromyalgia, Chronic Fatigue Syndrome, as well as the ongoing list which every attempt to become “all-inclusive” always fails to mention, precisely because there is never a single right answer to the mortality reminder.

The key is often missed because the focus is misdirected – it is not so much the medical condition itself, but the impact of that medical condition which prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal positional duties:  that is the essence and foundation of a successful Federal Disability Retirement application.  But more importantly, it is that “nexus” which is the key to the mortality reminder, and that which prompts the Federal or Postal employee into a spur to action:  Prepare the Federal Disability Retirement application well; formulate the foundation for Federal Disability Retirement carefully; file the Federal Disability Retirement application in a timely manner.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: The end of Act I, Scene I

Whether it is in some obscure off-Broadway play, or in a Shakespearean tragedy presented with lavish costumes and elaborate affectations, the end in Act I, Scene I sets the stage for the narrative following.  Yes, yes – one can argue that there are “other” scenes, acts, pivotal moments and significant slices which also formulate the argument for such commanding cohesion in a story; but that misses the point – for, if everything is relevant, then nothing is important; and if nothing is important, then it negates the pointing out of relevance itself.

The great Chekhov is the one who pointed out that, if you are going to introduce a shotgun in the first scene, then you must use it sometime, somewhere, later; otherwise, you have left the audience with a titillating artifice with no signification of purpose, thereby failing to be true and honest with your viewers and violating the sanctity of that most important of connections:  the collective belief of the audience of the constructed trust in you.

There are always pivotal moments in every life lived; of remorse and regret too burdensome to live out, or minor irritants of projects left undone and cast aside both in memory and in discourse of behavior.  We often treat the end of Act I, Scene I “as if” – and that is the mistake which the metaphor fails to embrace.  For, there are always many scenes to follow, and when we make too much of a slice of one’s life as that “pivotal” moment of despair and regret, it robs the rest of the narrative and creates a vacuum and extinguishment of life’s subsequent moments of linear significance, like the proverbial skeleton in the closet of one’s hidden past, echoing with haunting sobs of silent regrets, always pulling back into a time of past remorse, when a wider expanse of future hope still resides.

One should always keep a proper perspective, both in living a life as well as in learning of another’s; for, it cannot be that any single slice constitutes the entirety of the greater whole, and to make it so is to miss the opportunities of subsequent events by relying too heavily upon prior travesties.   To dwell on the past and to set a given moment as a sort of eureka event where an epiphany is attained is to remain forever stuck in a quick sand of self-delusion.

For Federal employees and U.S. Postal workers who are intending upon filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, but who – for whatever reasons of regret, remorse of affectations of reaching a seeming epiphany, and thus hesitates for fear of living that regret or remorse – the important thing to consider is that, while the end of a career may well constitute a change of present circumstances, it should merely be likened to the end of Act I, Scene I, and not the end of the play itself.

There is much to do beyond receiving a Federal Disability Retirement – one can, for instance, find a different kind of job, vocation or work in the private sector, and make up to 80% of what one’s (now former) Federal position currently pays, and continue to receive such pay on top of the Federal Disability Retirement annuity.  As such, the Federal or Postal employee should never simply pack up and go home after Act I, Scene I – as there is much left to the narrative, especially when it comes to living the real life of one’s own play.

Sincerely,

Robert R. McGill, Esquire