Federal Medical Retirement under FERS: Vicious Circularity

There is a direct correlation between the growing mental health crisis and the increasingly focused reliance upon cognitive insularity — where engagement with “the world” is not between the subjective (our own thoughts, senses, moods, etc.) and the objective (the world “out there” in what Kant deemed unknowable, as encountered in the noumenal — not the phenomenal — universe), but rather, between the subjective and the perceptual apparatus of the meta-universe.

Whether at work or play, everyone, everywhere, at most times, is engaged on the computer, Smart Phone, etc.  A growing consensus says that a healthy mind requires engagement with the objective world for some period of time each day — of taking a walk and leaving your Smart Phone behind; of making some connection beyond the vicious circularity of your own thoughts within the meta-universe of a virtual reality.

The corporate giants clearly have a monetary self-interest in having the world become insular; for, the greater use of the electronic devices results in greater profits and increased dependency.  No one asked the common man whether we wanted a world made up of this vicious circularity, but here we are.

With the growing mental health crisis, more Federal and Postal workers need to consider filing for Federal Disability Retirement benefits under FERS.  Fortunately, the MSPB and the Federal Courts of Appeals have recognized that there is no stigma to be placed on psychiatric medical disabilities.

Psychiatric conditions are just as valid a basis in filing for Federal Disability Retirement benefits under the FERS benefits system, through the U.S. Office of Personnel Management, as physical, non-psychiatric conditions.

As for the vicious circularity magnifying our mental health crisis?  That is for Psychiatrists and Therapists to deal with; but in the meantime, take their simple advice: Leave the Smart Phone and the Computer behind, and take your dog out for a walk.

Sincerely,

Robert R. McGill, Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

FERS Disability Retirement Law: The Law-Shield

The Law can be used as either or both: Whether as a “sword” (in prosecuting a case, whether in criminal court or of initiating a lawsuit for money damages) or as a “shield” (as in the Constitutional protection against self-incrimination, or otherwise keeping certain tainted evidence away from the judgment of a jury); or, as often is the case, the use as both shield and sword during the life of a case — it is meant to be both, depending upon the context of a case.

As a Law-Shield in a Federal Disability Retirement case, the benefit of eligibility should be reliably based upon certain “givens” — i.e, given that a person has accrued a minimum of 18 months of Federal Service; given that the medical documentation establishes that the Federal or Postal employee can no longer perform one or more of the essential elements of one’s positional duties; given that the Social Security Disability Insurance (SSDI) has already been approved, etc. — in other words, once certain eligibility criteria have already been established, the Law-as-Shield should already protect the Federal Disability Retirement applicant from a denial by the U.S. Office of Personnel Management.

In reality, of course, the Law-Shield doesn’t work so easily, or automatically, and that is when the Law-as-Shield must be affirmatively applied as a Law-as-Sword, and pointed out aggressively by a Federal Attorney who is experienced in Federal Disability Retirement Law.

Contact a FERS Lawyer who is experienced in Federal Disability Retirement Law and begin the process of using the Law — whether as a Shield or as a Sword — to assert your right as a Federal employee and your entitlement to FERS Disability Retirement benefits.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

FERS Disability Retirement Benefits: The Uncommon Step

“Thinking” is an activity which is presumed to be common within our species, but uncommon among others.  Procreation and the mechanical aspects involved are considered “common” for all species, yet in each instance is generally considered to be unique and uncommon, which is perhaps why we seek privacy when engaging in such acts.

Similarly, other acts which are common enough — of using the bathroom, taking a bath, hugging a dog, brushing one’s teeth — all common enough, and yet somehow we prefer a semblance of cloaked seclusion instead of the open display like holiday window dressings to attract customers.  Does shame play a part in modernity, anymore?

Where movies once refused to reveal to the public the uncommon proclivities of everyday lives, they now saturate and justify the prurient as mere fetishes more common than acknowledged.  Is that why shame is no longer a characteristic of culture’s understudy?  Is the human blush extinct because the common that once was subsumed within the privacy of daily lives has become so uncommonly common such that we no longer need the privacy of cloaked seclusion in order to feel such common tinges of regret?  And what about that uncommon step of admitting to one’s self that the human condition requires something beyond the common course of action?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows for continuation in one’s Federal or Postal job, taking the uncommon step of preparing and filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management is often likened to an admission that one’s Federal or Postal career is over.

Perhaps there is even a sense of “shame” or “remorse” — of how things might have been or wishful thoughts of regret.  Never let the uncommon step stop you from doing what is necessary; for, in the end, foolishness is the refusal to take the uncommon step when commonsense dictates that the uncommon step is the path towards a more common existence.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Sense of Justice

Why do we speak in those terms?  Why a “sense” of X, as opposed to X itself?  Is it because it does not precisely fit into the strict definition of X, but may well be implied by it?  “Justice” is often enmeshed with a definition involving morality and the strict bifurcation between “right” and “wrong” — as well as compliance with “the law”.

Personal Injury lawyers will often scoff at the idea that compensatory damages awarded necessarily implies the level of justice received; if that were the case, most people who seek money damages would never be rewarded with the justice sought, whether of a “sense” or not.

Similarly, is there any rationality in discussing the concept of “Justice” in domestic relations cases?  Is there a “just cause” to pursue when two people decide to separate, especially when children are involved?  Is it all “subjective”, as in the case of “fairness” or “unfairness”?  Or is there a more “objective” standard — as in the strict definition where the requirements of X are met by the proof of Y, leading to the unmistakable conclusion that “Justice has been served”?  If that were the case, wouldn’t all of “Justice” be a mere tautology?

For Federal employees and U.S. Postal workers who seek to meet the eligibility requirements for Federal Disability Retirement, the “sense of Justice” is achieved by proving one’s case, meeting the preponderance of the evidence test, then obtaining an approval from the U.S. Office of Personnel Management.

However, to achieve that goal — that “sense of Justice” — one must prepare the groundwork and set the foundation in order to meet the legal criteria posited.  In order to do that, it is wise to consult with a FERS Disability Retirement Attorney who specializes in Federal Disability Retirement Law, lest your sense of Justice were to fall somewhat short because of a lack of understanding as to what the law requires.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement under FERS & CSRS: The Priority of Me

The “Me Generation” has now passed, and it is no longer in vogue to focus upon the “Me, Me, Me” refrain that once permeated societal acceptance of the selfishness allowed.  There followed, in some quarters of social consciousness, a turning away from the “self” and instead focused upon empathy for others, service towards a selfless society, and a cohesion that was glued by a conscientious attitude of selfish disregard.

Except, of course, in the quiet workings of those more devious than the rest of us, it merely became a marketing tool in order to create greater wealth while declaring that it was for the greater good of society.

Thus did it become advertised that drinking a certain brand of coffee was “good for the world”, that buying certain products “helped the environment”, and driving certain vehicles cut down the pollutants and emissions in order to “save” the planet — all the while, those very same companies reaped profits and the people flew around spewing vast amounts of exhaust plumes into the blue skies above.

The fact is, the Priority of Me has never changed in this universe, ever since the first man or woman looked into the reflection posed from a placid lake or pond and saw that there was a “Me” distinct from a “You” or some other.  From that moment onwards, the Law of Self-Regard would take hold.  The “priority of me” has not changed; it is reflective of a society that constantly advertises cosmetic artifice and promotes youth, beauty and first impressions as the mainstay of relevant values.

Ultimately, one may ask, is there anything wrong with such an ordering of priorities?  If not me, then who?  If not you, then why not me?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, it is important to recognize that the priority of me extends to the Federal agency and the Postal facility throughout — for, once you divulge the fact that you intend to file for Federal Disability Retirement benefits with the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset, they begin to treat you as an “outsider” who can no longer benefit the “priority of me”.

Medical conditions necessitate a reordering of priorities, and it is important to make that “me” as a greater priority by focusing upon one’s health; but always remember that the “Me Generation” that purportedly had passed has, in fact, never disappeared, and the Federal Agency or the Postal Service will begin to systematically exclude you in favor of themselves — or, from their perspective, making themselves as the “Me Priority”.

No, the “Me Generation” never disappeared; instead, like a chameleon, they simply changed their appearances.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: The informed paradigm shift

Often, in ages older and generations beyond, it somehow becomes more difficult to be malleable and bend with the times, circumstances and turmoil of the day.  Does staid decay by refusal to adapt become a law of sorts for the aged?  Is it only youth that can change, or bring about pliable lives, or can the irrelevancy of old men and women be altered with an informed paradigm shift?

There is always a tautness and tension between generational divides; youth believes in beginning over again, to invigorate all plans and prospects of accomplishments – even of reinventing the wheel by trial and error.  And of the old, whose wisdom is never accessed, whether because of pride of youth of an arrogance fraught with silliness, it matters little.  The pendulum that swings between the two extremes, must by law of gravitational pull come to rest somewhere in the middle.

Paradigm shifts come about so infrequently, but there is often an underlying reason:  Just as wholesale genetic overhauls rarely strengthen a Darwinian foundation for survival, so the principles upon which one lives one’s life should not be abandoned after a lifetime of experiences in learned cynicism.  The fact is, it is always difficult to change when circumstances dictate.

Somehow, we believe ourselves to be the masters of our own destinies; and whether the fate of a generation is collectively overpowered by a consciousness of unfathomable mysteries, or each of us must singularly carry the burden of our future lives as isolated pockets without friendship or love, we like to think that we can control our future.  But there are events and circumstances beyond our control, transcending fault or personal responsibility; and the social contract of good citizenry – of abiding by the laws, following the normative constructs of societal acceptability, etc. – follows upon that path of accomplishment.

That is true of a medical condition – for, when a medical condition begins to impact major life activities of a person, an informed paradigm shift must by necessity occur.  It is not a matter of bad fate or unfortunate luck; it simply is, and the sooner one becomes “informed”, the better the paradigm shift for one’s future.  For Federal employees and U.S. Postal workers who suffer from just such a medical condition, where the medical condition or event begins to impact one’s ability and capacity to perform the essential elements of one’s Federal or Postal positional duties, is may well be time to consider a paradigm shift.

Preparing, formulating and filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, often requires just such a paradigm shift – a pliability in one’s thinking, and an alteration based upon the information (i.e., being “informed”) presented; and the next step once a cognitive paradigm shift has occurred, is to reach out in order to begin the administrative process of engaging the expertise needed in order to weather the trials of tomorrow.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The importance of seeing a way out

The strategic approach of allowing for a route of retreat is well-known; by providing an exit option, casualties are lessened and the proportional ferocity of battle often parallels the availability or non-existence of such a pathway out.

Cornered animals behave in the same way – and why would they not?  Do we think that we are somehow exempt from the genetic predisposition of Darwinian inherency?  And the cornered enemy who sees no exit – with the final bullet retained for self-annihilation, the option of surrender not a reality for the traitorous residue to such an act, or of the potential for torture and mutilation naturally following revenge upon actions taken previously; or a kamikaze-like final hurrah met with a hail of bullets; it is the importance of seeing a way out, that often determines the course of future conduct.

That is how the Federal employee or the U.S. Postal Service worker views the benefit of a Federal Disability Retirement:  as the “way out” of an otherwise untenable future course.  Without it, the options are often:  Die trying to get to work each day; resign with nothing to show for the many years of investing in one’s career in the Federal sector or the U.S. Postal Service.

What is so interesting in engaging Federal employees and U.S. Postal workers for multiple decades, now, is the singular and unassailable fact that is contrary to the misperception held by the general public:  Federal employees and U.S. Postal workers are among the most dedicated of workforce servants, putting in long and uncompensated hours beyond what they are required, and never wanting to take the “exit option” but for the chronic and severe nature of a rising and debilitating medical condition.  And, how many who obtain a Federal Disability Retirement annuity go on into the private sector and “pay back” into the very system from which they are being compensated the Disability Retirement annuity?  Many, if not most.

Without the benefit of Federal Disability Retirement, many would struggle and ultimately lose the battle either with the agency or the Postal Service, or with the medical condition itself.  Even with the benefit of a Federal Disability Retirement annuity, the pay is not so enticing as to encourage any mass exodus via the vehicle of a Federal Disability Retirement benefit, and it is only because of the progressively deteriorating nature of a medical condition that finally impels and compels the Federal employee or U.S. Postal worker to take that exit option, and to seek to reach a plateau of rehabilitative serenity such that a further career or vocation in the private sector could be possible.

In the end, like enemies in a fierce firefight, the importance of seeing a way out is just as relevant to the Federal or Postal employee who suffers from a medical condition, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, as it is to the kamikaze warrior who tightens the band of fate by an emblematic headscarf in preparation for the final battle.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Disability Retirement: The anomaly of insularity

Society’s steady progression towards greater insularity has been accepted as a mere inevitability that must be tolerated, resigned to, and ultimately embraced with little resistance and no objectionable diatribes, except by those madmen and social commentators who defy and decry and parade and parody of innovation as the essence of civilization’s manifest destiny, replacing the previous paradigm that engaged in the systematic genocide of the civilizations encompassing the plenitude of American Indians in a past century or so – but let us not digress and focus too much upon such a path (i.e., a small hint:  read the tragic but necessary work recently released, by Peter Cozzens entitled, The Earth is Weeping, if you want to understand the true heritage of our past “westward progress”).

Insularity goes against every grain of Darwinian truths:  Look around you (if you are not already distracted by your own Smartphone, laptop or other electronic device); who among you and surrounding you are looking at a screen of one sort or another?  Are heads pasted between eyes glazed and a few inches or feet beyond, to a fluorescent screen of inestimable attraction?

Concurrently, what is occurring in that “real world” that we so decry – of a reality that includes “others” in true flesh; of nature’s blossoming or closing, depending upon the season we are in; of planetary alignments and weather changes; and, in the end, of actual people reaching out in a world where virtual reality has replaced humanity’s quest for love.

Man has always had a differentiating and unique feature – of the Shakespearean aside in uttering a poetic soliloquy; of reflecting upon inner thoughts and seeing no further beyond than the mind’s eye as one wanders through an impervious universe; of reminiscing about a past already lost, calculating for a future which may never arrive, and foregoing present pleasures for delayed contentment.  But modernity has changed all of that.

The past is no longer relevant as old men and wisdom of what once occurred as generational transfer of lessons learned are shuttled into nursing homes where dementia prevails upon wasting souls; where future predictions of dystopian fantasies dominate through electronic entertainment and virtual realities that have replaced that singular tree that grows in Brooklyn; and how the world of the Internet, Skype, Instagram and Facebook constitute the entirety of one’s insular world.

Yet, insularity has its consequences.  For Federal employees and U.S. Postal workers contemplating 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, the reality of the medical condition still maintains that anomaly of insularity, in that the world of pain, anguish or anxiety-stricken psychiatric conditions reflect back upon the individual suffering, and the “outer” world cares not a twit about the individual circumstances.

But reach out, one must – for, in order to escape that anomaly of insularity, the Federal or Postal employee must step outside of him or herself, and begin to prepare an effective Federal Disability Retirement application, and that is precisely the “key” to breaking that vicious circularity that encompasses and engulfs one in the very anomaly of insularity, within a conundrum of an uncaring universe, amidst a sea of unsympathetic drones within the Federal agency or the U.S. Postal Service.

Sincerely,

Robert R. McGill, Esquire
Postal & Federal Employee Retirement Attorney