Medical Retirement for Federal Workers: Stronger/Weaker

It is a categorization at the most basic level — one that is seen daily in Nature and reflected in the human narrative of historical tides and tragedies.  The stronger dominate the weaker; the latter submits to the former, or flees in terror or dies while trying.

In modernity, the password that protects one’s technological contraption is determined for sufficiency based upon that most basic of identities: stronger or weaker.  The bully on the playground will scan the potentiality for complete dominance at the beginning of each school year, based upon the appearance of how one projects one’s self on the very first day.

Throughout the continuum of life’s encounters, no matter how much we may resist becoming pigeonholed into such simplistic bifurcations — whether of our physical stature; our creative energies; our proclivities and mannerisms, etc. — in the end, we all revert back to the foundational elements of our evolutionary ancestors and systematically deem this event or that capacity as either “stronger” or “weaker”.

We like to think that in our advanced state of civilization, such simplistic terms have become muted because of the heightened level of sophistication (i.e., thus the “revenge of the nerds”, where brain overcomes braun); but our true natures nevertheless tend to reveal themselves despite our best efforts to resist.  It is no different in the arena of “the law” than in all other categories.

For Federal employees and U.S. Postal workers who suffer from 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 or Postal job, the issue of “stronger” versus “weaker” continues to dominate: One’s medical condition places one in the “weaker” position as against the Federal Agency or the Postal Service.

The Federal Agency or the Postal Facility may begin to assert its “stronger” position by a series of adverse actions initiated to establish a paper-trail leading to ultimate termination, including a “Performance Improvement Plan” (otherwise referred to by the acronym, “PIP”); and when the Federal or Postal employee takes the necessary steps in preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, it is important to try and gain the “stronger” advantage by enhancing, in every way possible, one’s Federal Disability Retirement application.

There are few “slam-dunk” cases when it comes to a Federal Disability Retirement application.  While the applicant may “believe” his or her case cannot possibly be denied — naturally, because the applicant who tries to prepare the case on his or her own is the same person who suffers from the medical condition upon which the Federal Employee Disability Retirement application is based, and so there is lost a sense of “objectivity” as to the strength or weakness of a case — most cases must be assessed on a scale of “Stronger/Weaker”, and such an assessment is based upon the multiplicity of factors analyzed, including: Does the available and current case-law support the application?  Does the medical documentation sufficiently meet the eligibility criteria under the law?  Will the Agency’s portion of the Federal Disability Retirement application undermine the Applicant’s portion, under the law?

In the end, the law itself determines the basis of a Federal Disability Retirement case in its most basic form of whether a case is “stronger” or “weaker”, and to determine that important aspect of assessing and evaluating a case, consultation with a specialist in Federal Disability Retirement Law is a “must” in this world where nature’s disposition towards the Stronger/Weaker bifurcation continues to dominate.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: What we have to do

In once sense of the phrase, it denotes a duty or obligation; in another, the foundational basis of a practical, pragmatic nature – of that which we do, simply because it needs to be done in order to survive, to maintain a certain standard of living, or because we believe it is the “right” thing to do.  Each individual must decide for him or herself, of course, as to the criteria by which to determine that which we have to do, and the “what” will often be placed on a wide spectrum of moral ends that are meant to justify the means by which to proceed.

What we have to do – it is also a phrase that is said when shaking one’s head, as in the whispering to one’s self in gritting one’s teeth or biting our tongue and engaging in a soliloquy of thoughtful silence, saying, “What we have to do.”

For Federal employees and U.S. Postal workers who suffer from a medical condition, despite the medical condition beginning to prevent the Federal or Postal worker from performing one or more of the essential elements of the Federal or Postal position, it is a familiar refrain – of working through the pain, of trying to endure the paralyzing panic attacks or the heightened anxiety and depression that pervades, and to try and hide the medical condition and do what we have to do in order to economically survive – until it reaches that crisis point where the medical condition cannot be controlled, cannot be hidden, and comes bursting out like NFL players running through the tunnel from the locker rooms of one’s mind and body.

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 just one of those other things that can be characterized as what we have to do.  For Federal employees and U.S. Postal workers who have a medical condition that begins to impede and prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the filing itself of an effective Federal Disability Retirement application is what we have to do, especially if the alternative is to stay at the job or walk away with nothing, which are actually no choices at all.

What we have to do – a familiar refrain for the Federal or Postal employee, and a necessary next step if you suffer from a medical condition that impedes or prevents you from performing one or more of essential elements of your job.  After all, you’ve been doing what you have to do all of your life, and this is just one more instance of it.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Poverty of One’s Soul

The locus of one’s soul has been much debated throughout the history of Philosophy; Descartes, of course, took the incommodious step of actually identifying the central point, but left some “wiggle room” by declaring it merely as the “principal seat of the soul” (is there a secondary, back-seat area for the soul, as well?), but of course, the French can be excused for such seemingly drunken issuances of localities, when belief in supposedly impenetrable defenses can provide for a mirage of security.

The question itself is non-sensical, if one pauses for a moment of reflection.  For, as the soul is not part of the physical universe, to ascribe to it a point of defined location is to misunderstand the conceptual paradigm itself.  Rather, it is the state of the soul which is of greater relevance, and whether enlivened, invigorated, or impoverished.  What deadens the soul?  From Plato to Scruton, the argument can be made that music is an important component in the cultivation or demise of soulful activity.  Repetition of meaningless and monotonous actions, engaged like Camus’ Sisyphus, can also inflict harm; but even he, along with other French existentialists, found meaning in the absurd.

Medical conditions, obviously, can have a profound impact and effect upon the soul.  For Federal employees and U.S. Postal workers who find that a medical condition begins to prevent one from performing one or more of the essential elements of one’s positional duties, the relationship between “meaning” and “employment” can remain the single most significant obstacle to 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.

For, it is often fear of the future and the unknown elements which pervade the dark recesses of nightmares abounding in the subconscious of one’s mind, deep in the caverns of sleep, or interrupted, non-restorative slumber, where childhood visions of dancing daisies and carefree summers have long been replaced by the reality of adulthood, ogres and goblins as real today as when the child once watched with innocent eyes; it is from those vestiges that grown men weep and feel the tiny droplets of fear, and we call them “insecurities”.

Filing for Federal Disability Retirement benefits through OPM is indeed a large step into the unknown.  Poverty, let alone poverty of one’s soul, is a fear of real proportions in these uncertain economic times; but in the end, one’s health should be the priority of ultimate concern, precisely because health engenders the continuing viability of the soul, and for the Federal or Postal worker who fears for one’s future, to prepare, formulate and file an effective Federal Disability Retirement application is a positive step towards securing a safety net to further prevent the impoverishment of the soul, whether located in the pineal gland, or in the ethereal universe of a childhood summer long gone and lost in the innocence of daisies returned to the bosom of the earth.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Requisite Sense of Control

Most of us require a semblance of self-determination, if only to conceal the inadequacies and keep at bay the disasters which portend, or pretend, whichever the case may be.  By controlling circumstances, we believe that we can maintain prevention of crisis, pre-determine the outcome of expectations, and squirrel away the hesitations and insecurities controlling us in our lives of desperate needs.  But life has a way of defying the macro-minutiae of the limited universe within our reach and immediate control.

Mastery of life is difficult to attain; just when we thought we had grasped the foundational principles of life and living, old age sets in, and the youthful vigor dissipates, like the ethereal dust of residue left behind by the flight of angels.

For Federal employees and U.S. Postal workers, it is that sudden onset of a medical condition which nags and refuses to go away, which becomes the harbinger of things to come.  Agencies and the Postal Service tend to be “meddlers”, and once a particular Federal or Postal employee becomes the trigger-sighted individual, the stray bullet that travels is normally not too far behind.  Loss of control, or the abandonment of a requisite sense of control, is derived when agencies target, and when adverse actions are issued, a PIP is imposed, and leave restrictions commanded.

Filing for Federal Disability Retirement is an option which is a viable avenue to pursue, precisely because it attains and reasserts that requisite sense of control, by securing a needed annuity for some semblance of financial security and stability.  Federal Disability Retirement is also a means of re-focusing one’s life upon the priorities which matter — such as one’s health and well-being, so that the harassment and hostility at work will cease.

But the long road in preparing, formulating, filing and waiting upon a Federal Disability Retirement application, filed ultimately through, and decided by, the U.S. Office of Personnel Management, is another bureaucratic morass which — for a time, at least — will feel like entering another and surreal universe where one’s destiny is in the hands of another:  OPM.  But in life, as in the parallel universe of the absurd, one must first lose control in order to gain the requisite sense of control.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: That Spare Tire

We rarely think about it; and it is somewhere “back there”, in the event of, in case, if it happens, as a contingency, as an insurance policy, for the rare occasion of a potential mishap.  But with the modern ingenuity of reinforced rubber with a manufacturing process of innerliner calendering, one rarely even sees a car on the side of the road with a lone figure attempting to locate the spare tire, with the car unevenly perched upon a device secured in a dimensionally precarious manner, to change that flat tire.

But it does happen, and even with all of the advances in technology which resists direct punctures and roadside hazards pounding away at the four (or more) elements which keep the vehicle running, the flat tire and the need for a spare requires the safety net to ensure that secure sense of a peaceful mind.

Like life insurance, fire and catastrophic umbrella policies, the spare tire will always remain, no matter any future inventions or guarantees of outdated necessity.  For Federal employees and U.S. Postal workers who are part of FERS, CSRS or CSRS Offset, Federal Disability Retirement is precisely that spare tire which provides a semblance of security if and when the need arises.

Most Federal and Postal employees continue their careers to the end, until the time of retirement, or a transference of talents and abilities to the private sector for more lucrative venues; but for that small percentage of Federal or Postal employees who find that, during the course of one’s career, a medical condition has interrupted one’s goals and prevents one from performing one or more of the essential elements of one’s positional duties, then preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is a necessary contingency to trigger.

Suddenly, the benefit looms larger than ever, is more important than previously recognized, and becomes lauded as the lifesaver of the moment.  That is precisely what we do with the spare tire — we do not even think about it, nor are aware of its precise whereabouts (except that it is under the vehicle, in the trunk, or somewhere “back there”), but travel about with the peace of mind that, in the rare hypothetical event of “if”, it is there to be accessed, so that once the change is made, we are again well on our way down the road of life.

Sincerely,

Robert R. McGill, Esquire