OPM Disability Retirement Attorney: Farmer’s Market

They have cropped up everywhere, and have become popular sites where suburbanites can sense a closer connection to the food they put on their tables.  But as with all seasonal exchanges, the level of interaction is based upon the changing environment, the availability of produce, and the trending nuances of health, life and manner of living.

In the wintertime, the abandoned stalls and the empty inventory tells of a change of seasons.  We walk, observe, pick and choose, and if the color of the tomato doesn’t quite seem right, we pass by with nary a nod, or word of silent question mark.  Which side of the Farmer’s market are we on, in any given day?  Are we the seller of produce, or the buyer of selective goods?  Do the seasons change, and the temperatures ebb and flow, and are we malleable like the sea breezes that touch upon a morning surf?

Federal employees and U.S. Postal workers often feel the interchangeable position, and the vulnerability on any given day, based upon the changing of seasons.  Federal and Postal employees who suffer from a medical condition, such that the medical condition impacts one from performing one or more of the essential elements of one’s job, are likened to Farmer’s markets which come and go, and who set up stalls for selling of goods and produce, or were once like visitors looking for something different than the frozen foods at the chain supermarkets.

Once, the sense of being in control prevailed — whether in displaying one’s produce as the seller, or as the consumer choosing based upon the look of the fruit or vegetable.  Then, suddenly a medical condition comes into play, and options seem to diminish; whether from the perspective of the merchant, or of the buyer, you can’t seem to last the season in either role.

The option of 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 something that becomes a necessity for the Federal or Postal employee who suffers from a medical condition which prevents one from performing the essential elements of one’s Federal or Postal job.

Like the changing of seasons, it brings to the fore the availability of one’s “product”, and makes of one the onlooker who doesn’t purchase, as well as the weekend merchant who tenders at the local Farmer’s Market, only to get back to one’s “real job” of toil and turmoil, like the rest of society who must contend with the forces of nature’s changing seasons.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement Benefits for US Government Employees: The Flux

Life must of necessity involve change; otherwise, the definition of its corollary occurs, or at a minimum, a deadened spirit.  But the tripartite self-contradiction of life, death, and the security of habituated changelessness entraps us all: In youth, the excitement of constant flux energizes; in later life, the unwelcome changes and interruption of daily routine leads to turmoil; yet, as the negation of the mundane equals the non-existence of youthful energy, so the denial of needed change must of necessity result in a deadened soul.

It is, of course, a concept which is often associated with Heraclitus, who proposed that all is change, and inevitably so, as we cannot ever step twice into the same river.  Parmenides, on the other hand, introduced the contrary idea, that change is impossible and merely illusory.  Subsequent philosophers have melded the two, and compromised the bifurcated extremes, somewhat akin to the composite yin-yang embracing of the opposing forces of life.  But as resistance to change implies change itself, so surrender to flux may also indicate loss of will.

For Federal and Postal employees who begin to suffer from a medical condition, such that the impact from the medical turmoil must of necessity dictate some needed changes in one’s life, so the natural instinct to resist the flux of one’s career is a natural reaction.  But for the Federal and Postal employee who ignores the need for change, failure to foresee will ultimately result in changes being made by external forces, and not necessarily by choice.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS or CSRS, is something that must be proven by the Federal or Postal employee who becomes a Federal Disability Retirement applicant.  It must be proven by a preponderance of the evidence; it must be affirmatively shown to the U.S. Office of Personnel Management that one is eligible and entitled to Federal Disability Retirement benefits.

When a medical condition begins to impact the Federal or Postal employee’s capacity to perform the essential elements of one’s job, the temptation is to first see the world as Parmenides did, and to resist change; but the reality is that change has always been in the air, and the metaphorical river to which Heraclitus referred has been eternally running through the peaks and valleys of life, quietly and without our realizing it.

Sincerely,

Robert R. McGill, Esquire

 

Federal and Postal Disability Retirement: Tides and Turbos

Tides represent the natural ebb and flow of a rhythm in nature which occurs beyond the capacity or power of Man to control; turbos are mechanical inventions which exponentially increase the power of a machine to attain heights of artificial prowess previously unmet.

Both inspire a certain sense of awe.

The pull of the waters, though gentle in the lapping of waves and the gradual increase and decrease of the land becoming overtaken by the waters, then receding, is nevertheless an unstoppable phenomena; and anyone who has sat behind the wheel directing an engine with turbo power understands the sudden boost of energy and speed which can be wrought.

Both represent a force; the former, one which cannot be controlled; the latter, one which can only be directed.

How we approach life, our philosophy and manner, often parallels tides and turbos.  Some merely accept and go with the flowing rhythm of tides; others try vainly to control that which cannot be subjugated.

For the Federal and Postal employee who faces a medical condition such that the medical condition begins to impact one’s life and vocation, it is often a lesson to heed; for if one’s personality has been throughout akin to the tides of nature, it is often easier to accept that a change is necessary; on the other hand, if life has always been characterized by one’s attempt to control and contain, it may be that resistance to the inevitable is something which one must contend with.

Knowing one’s self in the turmoil of change is often the first step in a successful process.

As filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is a major event in one’s life, knowing first what must be embraced is often the initial, and most difficult, step in the process.  Whether the enjoyment of watching the tides, or the thrill of feeling the turbos, characterizes the life of an individual, will aid in preparing to formulate the next step in a Federal Disability Retirement case.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Unwanted Change

Stability is what we seek; yet, with stability comes habituation and a staid routine of repetitive boredom.  Adventure, excitement and stimulation; these come at a price, and so we revert and remain in the cocoon of safety, daydreaming of that potential, other-worldly experience, but only if it can be attained under certain circumstances within our control.

That is the anomaly; change is often desired, but only with certain prescribed and proscribed stipulations within our control.  Unfettered change is to enter into the unknown, and therefore unwanted.

That is why medical conditions which impact one’s daily life is unwanted; not only did we not ask for it, and not only is it a burdensome change which forces one to rethink the course of one’s future; it is an experience into the abyss of the unknown.  It is an unwanted change precisely because it suddenly, and often irreversibly, mandates an alteration of course.

For the Federal and Postal Worker 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 positional duties, serious consideration should be given to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.  Whether under FERS or CSRS, Federal Disability Retirement is an employment benefit offered to all Federal and Postal employees.

In the midst of turmoil and change, it allows for a return to the landscape of stability by providing for a base annuity, and a change to engage a second, alternative vocation.  Medical conditions are unwanted changes, and the control which one seeks within the turmoil of life is often found by attaining a further change beyond that unwanted one.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: The Value-Driven Life

Are expectations unrealistically embraced, adopted and concretized at the outset, without thoughts of malleability and alterations subject to changing circumstances? What happens when societal demands, whether explicit or implicit, clash with personal ambitions, to create a dissonance which tears apart the soul of Man?

The psychological chasm between what we believe our parents expect, what we desire, how we view the values as espoused in daily discourse with the world around us, becomes entrenched at an early age, and attaches to our psyche before we even have a chance to test the waters of reality. That is why most people find it difficult to adapt and to respond adequately to ever-changing circumstances.

Yet, the way in which we remain inflexible is a denial of reality; for, life rarely proceeds upon a linear direction without unexpected turns and twists. The love that we thought would be forever, ends in divorce and destruction; the career which we believed was the key to success, turns out to be a mere means to pay the bills; and the puppy that was to grow old with you, ceases to be before its time.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition impacts and prevents one from performing the essential elements of one’s job, the idea that life’s alterations must result in reactive responses different from the original course of one’s career, is not a new notion.

Filing for Federal Disability Retirement benefits, whether under FERS or CSRS, through the U.S. Office of Personnel Management, is obviously a career-changing, major decision to make. But the very fact that the benefit’s availability for all Federal and Postal employees who have a minimum of 18 months of Federal Service under FERS, or 5 years under CSRS, at least allows for the option to be offered at all.

Options are avenues for responding to life’s reality of twists and turns, in real time, based upon real circumstances. The paradigm set as a child may be nothing more than a dream once enjoyed; but in growing up, those childhood dreams needed to be adjusted in order to accommodate the reality of our daily lives.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Oh, but That Youthful Sense of Invincibility

In the beginning, that sense of potentiality was seemingly endless; while the actual constraints, whether based upon one’s own educational or intellectual limitations, or perhaps that proverbial glass ceiling of nepotism, favoritism, or exclusivity of previously-formed bonds and relationships; but ignorance can indeed be blissful, and youthful vigor and enthusiasm makes up for that lack of reality-based experience which transforms us all into crusty old men of cynical negations floating in a universe of perverse ill-will.

The world was full of hope and opportunity, and nothing could stop that bundle of positive energy, naive anticipation, and future-oriented and exhaustive optimism. Even health was of no concern.  Disabilities?  Nary a thought.  Inability to perform one or more of the essential elements of one’s job?  Not to be considered, for youthful vigor and unbounded energy could not contain the late hours and extra, unpaid dedication reflecting loyalty and meticulousness of purpose.

But at some point the reality of the human condition prevails upon us all, and the limitations of the human body, the frailty of one’s psyche after years of abuse, deliberate attacks and unfettered stresses — they take their toll. Time marches unperturbed, but the response of the human body, mind and soul is one of deterioration and decay.

Did that youth consider what benefits were part of the compensation package? Not initially. But later, Federal Disability Retirement benefits, whether under FERS or CSRS, can become an important discovery for those who are beset with a medical condition which prevents one from performing one or more of the essential elements of one’s job.

It applies to all Federal and Postal employees, whether under FERS or CSRS, and is ultimately decided upon by the U.S. Office of Personnel Management.  While such considerations may not have been thought of in one’s youth, such naive indiscretions are fortunately forgivable, and despite such thoughtlessness, the availability remains for all Federal and Postal employees to consider the option of Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Paradigm Shifts

One of Thomas Kuhn’s major works, The Structure of Scientific Revolutions, provides an excellent historical analysis, as well as a philosophical proposal, of how science works — not in a progressive linear fashion as one would expect and anticipate, but rather in erratic paradigm shifts based upon pragmatic considerations of that which works, replacing outmoded or unworkable models of inefficiency.

The book itself is instructive on how, in a macro sense, the scientific community, with all of its fallibilities, works with fits and starts; in a micro perspective, it is profoundly revelatory on how individual human beings operate in this world.  We all carry around paradigms; of who we are; what role we play in our family, our greater community, and in the historicity of our involvement.

Often, however, the outside world, through all of its influences and mandates, will force a change of our internal paradigm; at other times, we decide in our own volition to alter and tinker with the paradigm.  For Federal or Postal employees who are forced to contemplate filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the upheaval of a sudden career change, of a self-realization that one is no longer that youthful, energetic colleague who is efficient and competent, but rather a medically disabled employee, is often a devastating shift in one’s self-image and the paradigm which one carries about within the vast world of empathetic devoid.

Yet such a paradigm shift is necessary.

The good news is that Federal Disability Retirement is itself a paradigm which contemplates future potential for a second vocation; it allows for Federal and Postal employees to obtain an annuity, then to go into the private sector and continue to work, and make up to 80% of what one’s former Federal job currently pays.  Federal Disability Retirement is not a paradigm of “total disability”; it is one based upon a slight amendment to one’s original paradigm, with a view towards a brighter future.

Sincerely,

Robert R. McGill, Esquire

Federal Government Disability Retirement: Another Year Passing

Because the administrative process of preparing, formulating, and filing — then waiting for a decision — a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether under FERS or CSRS, can take several months for the Initial Stage of the bureaucratic procedure alone, it is important to plan ahead for the future.  

New Year’s eve, for Federal and Postal employees contemplating filing for Federal Disability Retirement benefits, is merely a reminder that another year has passed.  For those waiting for a decision from the U.S. Office of Personnel Management, it is another indicator of the frustrating wait which the potential Federal or Postal annuitant has been through, is going through, and must still endure.  And this is only for the “First Stage” of the process.  

The waiting time is extended if the Federal Disability Retirement application is denied at the First Stage, and must be appealed to the Second Stage of the process, or what is identified as the Reconsideration Stage of the process.  Then, of course, if it is denied by the U.S. Office of Personnel Management at the Second Stage, one has a right to appeal the case to the U.S. Merit Systems Protection Board.  

Waiting is a necessary part of the administrative, bureaucratic process of filing for Federal Disability Retirement benefits.  Filing soon after one has recognized that one’s medical condition prevents one from performing one or more of the essential elements of one’s job, is the only “cure” for the long wait. As with everything else, it is better to get in ahead of the line, and have someone help you with the process.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: Seasons

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, there is often the seasonal rhythm of individuals, which present a collective sense of predicatability as an Agency because agencies are comprised of individuals.

Thus, for instance, the month of August is predictably slower for the Office of Personnel Management than the other months of the summer, precisely because so many Federal employees take their vacation. Christmas, New Years, the Easter break, and the Memorial and Labor Day holidays all provide a rhythm of seasonal slowdowns. Such seasonal pauses, however, should be a time to utilize and increase productivity for the Federal or Postal employee who is contemplating filing for Federal Disability Retirement benefits under FERS or CSRS.

Indeed, when the pace of work is slower and agencies temporarily wind down because of the seasonal slowdown, it is an opportune time for the Federal or Postal worker to attend to the medical needs by resting or recuperating and, if the critical decision-making point has arrived in terms of making a decision to file for Federal Disability Retirement benefits under FERS or CSRS, it is a time to begin to gather the necessary information as a preliminary matter.

While certain components which comprise the entire packet of a Federal Disability Retirement application may be delayed because of the seasonal slowdown (e.g., the Supervisor may be on vacation because of the season; or the doctor may be away, etc.), nevertheless, the foundational groundwork of preparing the request to the doctor or the supervisor, or submitting the request for medical records, etc., may be initiated.

Slowdowns are seasonal opportunities for preparation; preparation is the key to a successful outcome; and while a slower pace is often a time of frustratingly slow response time, it is the meticulous care that is taken in the slower period which results in the success of a venture.

Sincerely,

Robert R. McGill, Esquire