Tag Archives: opm when one year medical lwop ends with federal government file for disability

OPM Federal Disability Retirement: Not Unhappy

There is the state of “being happy”; conversely, of “being unhappy”; but what of the neutral sense?  Can you be in a state of “being not unhappy” and, if so, what could it mean?  Is it a neutral mood — sort of like an emotional purgatory where you are neither happy nor unhappy, but of a state of measured deliberation, where most of us are throughout the greater slice of our lives?

Modernity demands the first; to experience episodes of the second state of emotional constitution is to somehow have something “wrong” going on; for, the cottage industry of “be happy” is devised to manipulate and commercialize a state of natural being which has been artificially characterized as a “negative”, and given the greater multitude of herd instincts and the inculcated belief that there is something wrong if you are either “not happy” or “unhappy”, it goes without saying that any “neutral” state of being is likewise unacceptable.

Yet, most of life is of a state of medium; and the archaic, arcane Western Tradition of the Aristotelian “middle way” — where neither extremes of emotions are the preferred stage, but rather, a governance of the appetitive nature by the intellect and reason constitute the near-perfect character — has long been abandoned, and now deemed unattractive.  But reality, in the end, has a way of creeping back into our lives, and the state of being “not unhappy” is where most of us remain, cottage industries of “being happy” notwithstanding.

For Federal and Postal employees who are unhappy, and wish to get back to the purgatory of humanity by being not unhappy because of a medical condition which impedes and interferes with his or her life, both professionally and personally, it may be necessary to consider filing for Federal Employee Disability benefits under the current Federal Employees Retirement System (FERS), through the U.S. Office of Personnel Management.

Neither chronic happiness nor persistent unhappiness are the natural states of Man; rather, the goal is to reach that purgatory of emotions — of being not unhappy — and it may be that, to reach that state of being, Federal Disability Retirement is an option to consider.

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.

 

Medical Retirement Benefits for US Government Employees: A Slice of Paradise

Hank Worden played Moses Harper as the irritating sidekick alongside John Wayne in The Searchers.  At the end, he merely wanted a rocking chair to sit in, and rock the days and dusks away in view of the landscape’s beauty which told the story of the human narrative: of struggle, life and death; of wars and massacres; of the history of human inhumanity.

Perhaps that was his idea of a slice of paradise.  Everyone possesses a concept of it; for some, it is simple and fundamental; for others, complex and encapsulating endless greed.  Maybe it is just a place of your own on a mountaintop; a house in a quiet neighborhood; a family, or not; or a multi-million dollar mansion with wide and endless swaths of acreage.

Whatever constitutes one’s idea of a slice of paradise, that is what we live for.  For some, also, it is the negation of something.  We take for granted our health, and when we lose it, our idea of a slice of paradise is altered profoundly: For those in chronic pain, it is the negation or lessening of that pain; for those with anxieties and panic attacks and depression, just to get through the day without a breakdown.

For Federal employees and Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing all of the essential elements of one’s Federal or Postal job, filing an effective Federal Disability Retirement application under FERS may come closest to a realistic conception of a slice of paradise: For an opportunity to have some respite from the daily stresses of the workplace and attend to the priorities which envelope one’s daily life — the medical condition itself, which reveals that the fall of Adam and Eve, indeed, sliced paradise forever and a day.

Sincerely,

Robert R. McGill, Lawyer

 

OPM Disability Retirement for Federal & Postal Employees: Identity

One day I woke up and looked in the mirror, and realized that I was no longer the person who I thought I was.”

Is this a line from a novel?  Or, perhaps a thought which so many people have considered?  Or even a universal realization which comes as no surprise to anyone.  Who am I?  Who are you?

Do such queries become satisfied by taking out one’s driver’s license and declaring, “Here. This satisfies the question.  This proves it!”  Yet, somehow, we all know that it doesn’t.

People who search for their family “tree”; the uptick of businesses which match one’s DNA to various geographical markers; the rummaging through old photo albums, cellar chests and basement hideaways which might reveal something more than the rat race of paying bills — we all seek relevance in a universe which considers identity to be besides the point.  And when an event further diminishes one’s identity, what then?

For Federal employees and U.S. Postal workers whose identity has been inextricably tied to one’s job, position, career, etc., within the Federal government or Postal Service, filing for FERS Disability Retirement may be a traumatic but necessary next step.  It is always difficult to part ways from one’s identity as a competent working-X; but it may be necessary, precisely because the medical condition no longer allows you to remain attached to that identity.

Contact an OPM Attorney who specializes in Federal Disability Retirement Law, and consider the future and what identifiable identity you wish to pursue in the years to come.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Simulated Life

We all engage in it, to some extent; it is all in the “extent”, however, that matters.  The manufacturing of something which approaches the original; of pretending “as if”; they all constitute a simulation of sorts.  Whether of an expensive handbag that is made in another country where labor is cheap and copy-catting is the norm; or merely a smile when you actually want to cry; or of the rote response to, “Hi. How are you doing?” — where we reflexively declare, “Fine, and how about you?” — when in fact you are not doing “fine” but instead are forced to simulate the required rhythm of normalcy.

Society requires the simulated life until life itself becomes too real such that it must crawl out from the cocoon of artificial existence.  It is as if the metamorphosis from one form of existence into another must by force erupt, and that is the point when reality must by necessity force its being into existence.

For Federal employees and U.S. Postal workers who suffer from a medical condition where, each day, a simulated existence must be lived because to do otherwise might mean that you may lose your job, consideration should be given to possibly filing for Federal Disability Retirement benefits under FERS, especially when the real life being lived — the pain and anguish from a medical condition — can no longer remain contained within the cocoon of a simulated life.

Federal Disability Retirement allows for a lifetime annuity that lets you focus upon your health, and thus circumvents the simulated life and instead allows you to be the “real” you, and not some manufactured form of a fake smile, a forced joy or an artificial existence.

Sincerely,

Robert R. McGill, Esquire

 

Early OPM Retirement for Medical Incapacity: The many tomorrows yet to come

Does hope lie fallow when the basket of tomorrows become numbered too few?  When endless tomorrows lay before one’s imagination, too numerous to count that one need not bother, does that purport to show that one has a great quantity of hope, or merely that youth’s folly allows for a carefree tomorrow where an eternity of tomorrows can never be reduced to a handful beyond a few todays?  Can time and incremental portions of divided moments be quantified in that manner?

That has always been an anomaly for the undersigned writer — the quantification of time, as in the manner that religious beliefs are scoffed at when it comes to the story of genesis.  For, those who hold to the strict construction and literal meaning of the timeline of how old the earth is, count the obscure generational extensions of people who lived in former times, and somehow declare that the world is X-amount of years old.  How one can calculate with precision that which is not explicitly stated is a conundrum in and of itself, leaving aside the issue of whether time can be quantified if the order of the planetary system and our specific galactic orbit had not yet been established.

Evolutionists, of course, contend that the world was clearly created billions of years ago.  To both, the question is:  Tell me the logical difference between the following 2 statements — 1. The world was created a long time ago, and 2. The world was created billions of years ago.  Do humans have the capacity to imagine time beyond the present moment, or perhaps yesterday or a couple of days ago?  What does it mean to say to a person, “A type of human being walked the earth 10 million years ago”?  One can barely remember where one has placed the screwdriver used last week, and yet people want to put some significance upon a belief-system that purports to quantify time.

Ultimately, the question of whether one believes that the earth is a mere 10,000 years old, or billions of years in the making, is not a factual or scientific one; it is, a political condemnation that categorizes a person’s religious belief into a bifurcated system of: Is he/she “scientific” or “religious”?  In the end, time cannot be so easily quantified; rather, it is a basis of hope and an anticipation of a future yet to be resolved.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal and Postal worker from performing one or more of the essential elements of the Federal position, time often becomes paralyzed, much like our imagined world of dinosaurs and prehistoric images of those Pleistocene eras and beyond; and as time is unable to be made meaningful except in the here and now — by imagining the many tomorrows yet to come — preparing an effective Federal Disability Retirement application that lets you project a life beyond the present-day circumstances of pain, medical conditions and deteriorating health, is the singular differentiating way that humans can separate themselves from other species: with hope.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability: Casting caution aside

Does it count if you didn’t mean it that way, but others perceive that you did?  If you do X but intend Y, but others think that your X was intended as X, is it still valid?  And how does validity work, here — is it only if you declare to the world what your intentions were in the first place, or if you smile slyly and keep your inner intentions a secret, does it still count as “valid”?

Isn’t that ultimately what we are afraid of when we act upon something — that someone will think one way and we want them to think another, or otherwise there is some lack of correspondence between truth and the thoughts within?

When we are casting caution aside and others warn us of our impetuosity, do we pause and care to “correct the record” because we worry about what others might think?  Isn’t that one of the underlying reasons why Federal and Postal workers fail to initiate the process of preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset?

We avoid that “tag” that everyone abhors — of a “malingerer” within the ranks.  Too much sick leave taken; not quite at the productive levels we once had a reputation for; excessive LWOP; constantly having appointments at the doctor’s office; and, suddenly, we believe that others are “staring” at us, judging us, whispering behind our backs.  Are they?  Or is it just my imagination running amok and creating a surreal universe of misperceived paranoia?

We become cautious, tentative, unsure of ourselves, wondering what our coworkers and supervisors are thinking.

Casting caution aside is not always an act of unthinking impetuosity or even of a gambler’s mindset. For, when a medical condition is involved, the only issue that matters is one of prioritizing one’s health, and preparing a Federal Disability Retirement application is often the best option available, and while others may consider the process as another pathway in casting caution aside, they simply do not know what you have endured, suffered and gone through before coming to such an important decision.

In the end, the universe of the subjective can never be judged by the mere appearances of the objective, and one’s opinion concerning the health of another cannot be valid without first experiencing the medical condition of the person suffering.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: The option of nothing

The path of least resistance is often to simply do nothing.  To make an affirmative choice is sometimes a painful one involving sacrifice and steps taken which will determine an outcome, later to be judged by retrospective insight, as to whether it was the “right” one or a “wrong” one.

To negate, refute or otherwise do the opposite, and to say “no” in the choice-making process, is also an “affirmative” one, if only in the negative sense.  It is still a call made, a judgment asserted, and while the “no” may not be able to arrive at a retrospective viewpoint as to whether it was the “right” one or the “wrong” one (precisely because, in the very negation of making a choice, one may never see any further consequences, but merely a nothingness that prevails from the option to not do that something, which is essentially a double-negative that results in nothing).

The worst option to assume is to allow lapse to occur – to do nothing, neither affirmatively nor negatively, and allow outside circumstances to determine the course of fate.  In taking such a path of least resistance, two things occur: First, you have left it in the hands of circumstances, and failed to take any affirmative steps in the allowance of lapse; and Second, the fact that you will never know it was a good or bad idea to allow for the lapse means that you have forsaken the entire decision-making process, and thus you disengaged yourself from the importance of life’s major participation.

For Federal employees and U.S. Postal workers who are considering 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 Statute of Limitations that imposes a restriction upon post-separation filing is One (1) Year.

Thus, the law is as follows: Upon separation, whether by termination or resignation, of a Federal employee, that Federal employee has up until 1 year to file for Federal Disability Retirement benefits.  If the Federal employee files for Federal Disability Retirement within 364 days of the separation from Federal Service (give yourself at least 1 day, just to be on the safe side), then no harm is done.

If the Federal or Postal employee determines not to file (i.e., a negative – affirmative decision), then so be it, and after the 365th day, that Federal or Postal employee is forever prevented from asserting his or her rights under the Federal Disability Retirement laws, acts, statutes and regulations.

If the Federal or Postal employee simply does nothing – neither making an affirmative or a negative decision, and simply allows for the time to lapse and the opportunity to pass – then the path of least resistance has been taken, with the opportunity to engage in the decision-making process forever lost.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The Complexity to Defeat

Simplicity of former times is what we all seek; in the end, it is never as “good” as we all like to make-believe it was, and never as “bad” as we may feel at the moment.  But within a world which sees technology advancing not in incremental, thoughtful stages of periodic progress, but in exponential warp-speed unseen in the epochal movements of past generations, it is difficult to keep pace with the dizzying speed of innovation.  And that’s just in trying to choose a lightbulb at the local grocery store.

For must of us, the complexity which confronts and challenges are those within.  The viewpoints we bring; the skewed thought-processes from the baggages of childhood; and the enmity we harbor in secret compartments of resentment and shame.  Further, what exacerbates and complicates, is a medical condition, whether physical or psychiatric, and too often an intersection of both feeding one upon another.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact one’s livelihood, the ability to even go into work, and prevents the Federal or Postal employee from performing one or more of the essential elements of one’s positional duties, the complexity to defeat is the very same one that haunts and hinders from the residues of self-doubt:  making wrong choices when the right ones will save.  Hesitation; fear; anxiety and angst from not seeing clearly an unknown future; these will all continue to magnify beyond the panic of sleepless nights.

Preparing, formulating and filing an effective OPM Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is never an “easy” engagement; in fact, it is merely one more complexity of life.  But the bureaucracy will always be there; the procedures, methodologies and sheer volume of substantive and procedural hurdles will always remain like an obstacle unmovable likened to Aristotle’s proverbial Unmoved Mover.

In the end, taking that significant step in preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management will be determined not by fate or misfortune, but in recognizing that the complexity to defeat remains hidden within our very souls, to be identified, tackled and wrestled with, in order to move on with our lives.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government: The Run

Stockings and watercolors do it; time, with quietude and solace of a steady march, moving with predictable sequence like the consistency of a drumbeat; and, of course, the rhythm reminiscent of cardiac health, as do joggers and concerned citizens chasing down a purse snatcher to retrieve a possession of identity.  And life, too.

Sometimes, there is a good “run” of something — a lengthy period of calm and productivity, where all of the pistons of a complex and interactive mechanism akin to a turbo engine are firing away in tandem, and life is good, fruitful and positive.  But the inevitability of a breakdown can always be around the proverbial corner; a medical condition, suffered by a Federal or Postal employee, is not merely a stoppage of such a “run”, but can be a disruptive cacophony of ceaseless interruptions, both to career and to personal contentment.

The key is to get beyond, over, or around the obstacle which lands in the middle of one’s pathway for future well-being.  The child who fails to see the watercolors running; the invention of the stockings that never run; the life that seemingly runs smoothly; all, a perspective wrought at a price of neglect or deliberate ruse.  The fact is, life always has interruptions.

A medical condition can be a major one, and when it begins to prevent one from performing one or more of the essential elements of one’s positional duties, the Federal or Postal employee under FERS, CSRS or CSRS Offset may need to consider an alternate course and begin anew a run of a different sort.

Filing for Federal Disability Retirement benefits is indeed a change of course.  It involves a complex bureaucratic strategy to get from point A to destination B, and the administrative obstacles are many, but not insurmountable.  And, like the verb itself, it provides many meanings for differing circumstances, but the one and central root of the process involves embracing the paradigm that life is never as easy as one thinks, and like the child who believes that he is the next Picasso in training, the run of the unpredictable always betrays the truth of our condition.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney: Incremental Destruction

It is the slow, destructive force of incrementalism which presents the greater danger in life.  Most people can respond to a full-blown crisis; those are events where the human chemistry of adrenaline flow and reactive thoughtlessness results in heroic acts as told in epic narratives.  But what of the slow and deliberate acts of daily sniping?  How well do we respond, and in civil discourse where physical challenge to such cowardly encounters is no longer acceptable, what does one do?

For the Federal employee and the U.S. Postal worker who must contend daily with supervisors, co-workers, managers, etc., in the deliberative incrementalism of destructive criticism, heightened hostility, and the slow churning of pressure by the drip-drip method of administrative sanctions, actions and reprimands, the cost of remaining in an atmosphere of toxicity is high, indeed.

When the medical condition begins to impact the capacity and ability to perform one or more of the essential elements of one’s positional duties, the Federal agency and the U.S. Postal Service engages in a fairly routine manner of acting — of ostracizing, impeding and obstructing.

One would think that, with all of the laws and public awareness concerning disability discrimination, that society — and especially the Federal sector — would be sensitive in the treatment of Federal and Postal employees who suffer from a medical condition; but, alas, civilization rarely progresses in response to genteel laws reflecting intellectual advancement; rather, they remain within the constraints of the origin of one’s species (hint:  the reference is to the Darwinian paradigm of evolutionary determinism).

Filing for Federal or Postal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, is often the best choice remaining for Federal or Postal workers who must contend with the incrementalism of sure destruction.  For, in the end, one must always reflect upon the priority of values — of health, continuation in a toxic environment, and whether it is worth it in the end.

It may be years before the adverse effects surface, or mere months; but that is the legend of the age-old torture methods which are most effective; the ones who administer the pain have all the time in the world; it is the victim who must live with the consequences.

Sincerely,

Robert R. McGill, Esquire