OPM Retirement for Mental or Physical Incapacity: Comparisons

We like making them; somehow, it allows for hope and, unfortunately, its opposite, despair, but they are engaged in nonetheless, regardless of the potentialities pointing in either direction.  Comparisons allow for a judgment of who we are, what we have accomplished and what we believe are the acceptable societal norms and standards, and whether we have succeeded or failed in meeting them.

People watch the pablum of television shows that display the ostentatious arrogance of some wealthy individuals who know not the concept of “discretion” or any sense of humility in having attained the higher luxuries of life; yet, many continue to be fascinated by such tasteless shows of comfort, and compare themselves, their accomplishments and the artificial standards of normative achievements that somehow have pervaded people’s psyche.

Of course, the corollary of such an approach to life is to redefine the definition of what it means to be “successful”, and thus to lower the standards in order to be all-inclusive, and do this each time as more and more people need to be accommodated.

Either extremes on the spectrum of man’s favorite sport – of watching, observing and comparing – constitutes the reality of that which is required to attain a level of satisfaction in life.  Of course comparisons are going to be made – for, we live in a world where everything is relative, and one can only recognize and realize the multitude of opportunities and potentialities by comparing one’s own station in life with that of what others have achieved.

Concurrently, sometimes the definition that defines who we are, what is important and where one wants to go, may need some adjustments.  Objectivity is achieved somewhere in the middle, between the comparative observance of “what is”, and the need to tinker with the language game that defines what “needs to be”.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact the ability and capacity to perform all of the essential elements of one’s Federal or Postal job, the favorite past-time of Americans – of observing, comparing and judging – meets a heightened sense of anxious awaiting because of what coworkers and supervisors begin to do.

They compare your level of productivity to what others are doing, and what you were doing before.  An “accommodation” is nothing more than the redefining of one’s essential elements of one’s job; but even with the linguistic rearrangement of those essential elements, the constant barrage of the other side of comparing continues – of supervisors, coworkers, etc., and the entire agency and postal facility judging whether or not you are doing as much as everyone else.

In the end, filing a Federal Disability Retirement application, to be submitted ultimately to the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset, may be necessary, as the sharpened knives of those comparisons may be too much to bear, given the innate nature of man’s cruelty in a world where medical conditions and disabilities are deemed to be comparatively unacceptable.

Sincerely, Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Devising Escape Routes

What a person spends his or her time doing away from work, reveals much as to how one’s work will be accomplished.  If one attempts immediately to build protective walls around the core of a project in an effort to stave off potential marauders, as opposed to focusing upon the substantive essence of the idea itself, then perhaps the vulnerability of the project itself will begin to manifest.

Our own fears often overwhelm; but healthy fear can be a positive use of an evolutionary tool meant to apprise and alert.  It is only when it becomes an impediment and obstacle for progress and advancement that our own self-immolative actions begin to impact our capacity to grow.  There is a delicate balance between healthy fear and that which lends itself to self-destruction.  Proper evaluation and analysis of a circumstance or situation is required in order to establish the former; for the latter, a groundless allowance without facts or evaluative input.

For Federal employees and U.S. Postal workers who suffer from a medical condition, the question often becomes, At what point do I begin to consider escape routes?  Do I need to devise them, or are the mechanisms already in place?

Escape routes are devised in response to dangers present; and often it will appear as if the manifestation of a medical condition will bring out the worst in others.  Isn’t that an anomaly in and of itself — that one’s own deterioration of health will impact the behavior of others, in a derogatory manner?  But that is precisely what a “stress test” is for, is it not?  It is never in the best of circumstances that reveals the true nature of a thing; rather, it is under adverse conditions which unravel the artificial appendages with which we camouflage.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is somewhat like an “escape route”, in that it allows for the Federal or Postal employee to exit from the adversity of circumstances, and plan for one’s future.  One need not “devise” it, to the extent that it is “already there” — a benefit for all Federal and Postal employees who have a minimum number of years of Federal Service (18 months for those under FERS; 5 years for those under CSRS).

For the Federal or Postal employee considering such a route, the priorities of life should always prevail:  Focus upon one’s health in an effort to remain (for those who are beset with a medical condition which is “work-related”, filing for Federal Workers’ Compensation benefits may be the first option to consider); then, if it becomes clear that one’s medical condition is impacting the ability to perform one or more of the essential elements of one’s job, and that the medical condition will last a minimum of 1 year (and it should be emphasized that one does not need to wait for a year in order to determine this aspect; rather, it is merely a medical prognosis that the medical condition will likely last at least 12 months or more that is required), consideration should be given to preparing, formulating and filing for Federal Disability Retirement.

In the end, it is not a matter of devising escape routes, but rather of recognizing the limits of human endurance, evaluating one’s place within the context of growing adversity, then acting upon those exit points available and allowable — then to make a proper decision for one’s self, and for one’s family and future.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Environment

There is pervasive talk about the importance of containing toxic waste dumps, keeping our air and water clean; of limiting the dumping of animal feces into our oceans, rivers, streams, etc.; and, indeed, there are agencies and departments created by State, Federal and Local governments devoted to enforcing laws designed to protect us and preserve the pristine condition of our “environment”.

But what of toxic environments of another sort?  What of the poison inserted through malicious intent?  Of the constant harassment and hostility used to intimidate, cower and attain submissive unraveling of defiance?  For those, there are designated courts, commissions and laws passed to protect, for purposes of prosecution and pursuit of money damages.  Of course, the results from either and both arenas of judicial relief are difficult to quantify; whether and to what extent pollutants were introduced into the environment, and by whom; or of what level of toxicity caused harm and damage to an individual; the qualitative measure of damages is always difficult to ascertain.

It is, ultimately, only from the personal perspective and experience that one can gauge the damaging results.  For the Federal employee and the U.S. Postal Worker who suffers from a medical condition, such that the medical condition begins to impact the capacity to perform one or more of the essential elements of one’s job, there is often a parallel track of pursuing Federal Disability Retirement benefits and concurrently to go after the individuals or organization that discriminated because of the disability acknowledged and recognized.  For the Federal or Postal employee who attempts to secure some semblance of “justice” in the process, the goal of the law has been misdiagnosed:  Justice is not the stated teleological motivation of statutory relief; rather, it is a means to appease.

But at what cost?  To what end?  By whose measure?

Filing for OPM Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, sets a specific goal:  cut one’s losses and move on in one’s life.  By filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the Federal and Postal employee is able to leave the toxic environment which may have even contributed to one’s medical condition or disability, or at the very least, exacerbated it; by fighting it, one must remain within the very environment which one is attempting to escape from.

Like Father Damien of Molokai who helped lepers live with dignity as a separate individual from without, but who later contracted the disease and died as “one of them” within, the Federal or Postal employee who files for Federal Disability Retirement benefits may want to consider the consequences of the dual track of environmental toxicity before taking on a behemoth of mythical proportions, as opposed to preparing, formulating and filing for Federal Disability Retirement in order to exit the poisoning atmosphere.

Sincerely,

Robert R. McGill, Esquire