Federal Employee Medical Retirement: The Clarion Call that Never Comes

Medical conditions are often subtle in their subversive impact — a slow, progressively deteriorating manifestation, characterized by pain, depletion of energy and stamina, and with manifestations of symptoms which may not be immediately noticeable with a passing glance.

Most of us meet and greet each other with hardly a glance; of “hello-how-are-yous” as polite niceties which are never meant to be seriously responded to; and in the course of such brief human contact, would not know — nor care to be informed of the details — of how a person truly “is” in the context of his or her life, medical condition, or well-being.

For the Federal or Postal employee who suffers from a medical condition such that the medical condition prevents one from performing one or more of the essential elements of one’s job, being ignored at work by one’s peers, coworkers and supervisors may have become a daily and expected occurrence.

In Medieval times, a clarion call represented a clear and loud trumpeting announcing an event, a call to action, or perhaps the arrival of someone of significance, relevance and importance.  For the Federal or Postal employee who may have to consider filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, an expectation of an analogous call may never come, should not be waited upon, and likely will not occur.

Quietude is the pervasive norm in a society which is impersonal and unable to address each other with compassion or empathy.  Don’t expect a clarion call to be the focal point in deciding to act upon one’s medical condition; it is a call which will likely never be trumpeted, nor heard even if made.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Personal Looming Clouds

On a bright, sunny day, it is precisely those looming clouds which interrupt the enjoyment of a constancy of warmth; and when it is merely a temporary darkness, where a floating wisp will darken the skies but for a brief moment, it is merely an irritation, a lazy thought where desire and comfort are merely awaiting such passing of momentary time.  But when the looming cloud remains, and others gather, the discomfort turns to a chronicity of dismay, and it is time to change the venue of one’s position.

The deciding point of filing for Federal disability Retirement benefits, whether under FERS or CSRS, from the U.S. Office of Personnel Management, is a determination often based upon a “quality of life” state of being.  Temporary discomfort, like a sporadic, looming cloud, which merely creates an irritation, is a bearable state of existence on the spectrum of that which constitutes the entirety of one’s qualitative state of life.

When that spectrum becomes dominated by a chronic state of irritation, where “irritation” has become transformed into a state where the brief respite from pain, or clarity and acuity of mind, is the exception rather than the rule, then it is time to consider filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

OPM disability retirement allows the Federal or Postal worker to have the requisite time to recover and recuperate from one’s medical condition, then to seek out a second vocation in life — one which will not continue to deteriorate and exacerbate the medical condition.  Discovering where one is on the spectrum of the qualitative scale of existence is an important first step towards making that all-important decision — one which may have lifelong reverberating consequences, if one waits too long.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Vacations

Vacations are a necessary part of the modern world; the stress of work, the burn-out factor, the recognition that the constant treadmill of daily toil, all serve to tear down and destroy the motivational underpinnings of every worker.  It is a temporary respite; a time of rejuvenation and, hopefully, more than merely an opportunity to complete chores which otherwise are left undone.  It is also a time of reflection and assessment.

For those preparing, formulating, and contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, vacations often merely illustrate the intractable nature of one’s medical condition, and the absolute necessity to change one’s course in life.  The chronic nature of a medical condition, by its nature of progressively deteriorating one’s body or mind, reveals itself when a vacation is taken:  the shortness of the time period of the vacation serves to emphasize the seriousness of the medical condition; the medical condition itself manifests the fact that a week, a couple of weeks, or even a month, are not long enough to contend with the progressively deteriorating nature of the disability or chronic condition.

Time for reflection allows a person to face the reality of an impending occurrence.  That is often a good thing.  One of the criteria which must be met in a Federal Disability Retirement application is that the medical condition must last for a minimum of 12 months.  One does not have to wait for the 12 months; one does not have to be unemployed or on LWOP for 12 months.  Rather, the prognosis for the medical condition is such that the condition must prevent one from being able to perform one or more of the essential elements of one’s job for a minimum of 12 months.

On a vacation, the Federal or Postal employee will often recognize that time is short.  Reflection is a positive thing; necessary changes, upon reflection, often become exposed, and it is often a time when the coalescence of three factors comes about:  thought, words, then action.  It is the latter of the three which determines the course of a positive future.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Returning to the Boredom of Health

Everyone desires to attain a path of certainties, where life has a rhythm of regularity, predictability and consistency.  We often complain of a life of boredom, but there is a distinction to be made between “being bored” and having what some would consider a “boring existence”.

One need only encounter a life-threatening emergency, or a crisis impacting self, family members or friends — or a serious medical condition.  Then, one yearns for those “boring” days of yore, when living a daily existence of merely being pain-free, when one could bend, reach, turn, twist, pick up a cup of coffee — without a thought of invasive and excruciating pain; of a time when focusing upon a task did not require one’s utmost energy and stamina; where the intrusion of nightmares, anxiety and panic attacks did not paralyze one’s totality of being.  Living a boring life for those encountering the “excitement” of a medical condition, as opposed to “being bored”, found a consistency of a rhythm of certainty.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, it is the goal of the Federal or Postal employee to enter into a period of a recuperative universe, in order to get back to the days of a boring existence.  Boredom is not necessarily a negative thing; indeed, when one is beset with a medical condition which prevents one from performing the essential elements of one’s job, the very notion that one’s prior existence of health was somehow less than exciting, is a puzzle to those who have lost their health.

Federal Disability Retirement is a chance to attain the boring life of yore; preparing properly the application for submission; formulating it effectively; and filing it to attain the goal of returning to that former self, is a consideration worth making.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Medical & Legal Issues

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, sometimes there is an inevitable intersection between the Medical Issues involving the patient and doctor, and the Legal Issue embracing the Client-Lawyer-Doctor.

Often, in terms of filing for FMLA protection, or taking too much sick leave, being placed on leave-restriction by the Agency, etc., or in the very question as to whether it will reflect negatively upon a Federal Disability Retirement application if one continues to work without taking any sick leave — these “mixed questions” will intersect between the medical and legal arenas.

The conceptual distinction and bifurcation of the two issues is important to maintain.  First and foremost, one’s medical condition should always be considered as the primacy of concern.  Obtaining the proper medical care and taking care of one’s health and medical needs should be absolute and inviolate.  The secondary question of how it will reflect upon a Federal Disability Retirement application, inasmuch as it is a “paper presentation” to the Office of Personnel Management, should be an afterthought.  For, after all, the whole purpose of filing for FERS Disability Retirement benefits is to take care of the primary consideration — that of one’s health and medical needs.  If one takes care of “first things first”, then the “second” things will naturally fall into place.

Now, having said that, how an Agency attempts to characterize a Federal or Postal employee’s attempt to attend to one’s medical conditions can of course sometimes impact a Federal Disability Retirement application, and should be responded to aggressively and in a timely manner.  But the substance of any such response, if it is based upon the medical condition, will always “correct” any such agency mis-statement.

Integrity in a situation always prevails, and that is the whole purpose of having Federal Disability Retirement benefits and the laws which govern such benefits, in order for the Federal or Postal employee to attend to one’s medical conditions first, and then to “move on” in life.

Sincerely,

Robert R. McGill, Esquire