OPM Medical Retirement: Beyond the shutdown

What does it mean for the government to “shut down” because the Congress and the President were unable to come to a budgetary agreement?  It is often the question that is focused upon, but may be the wrong one.  The more relevant issue concerns the events that will occur after the cessation of the shut down.  What happens afterwards?  For, everyone assumes that the government will come to some sort of budgetary reconciliation, and that there will ultimately be an end to the deadlock.

The House and Senate will finally pass a spending bill, whether of a temporary, continuing resolution, or of a long-term bill that addresses the various issues each side is fighting for.  With that assumption in mind, the question becomes, What happens beyond the shutdown?

Essentially, nothing dramatic, other than that the bureaucracy of the Federal government will experience greater delays, and the shutdown merely becomes interpreted as a slowdown for goods and services, much like the picture painted of a local grocery store closing for a week, a month or many months, and where shoppers would have to find another venue to obtain their wares.  The difference between the private-sector shutdown and a Federal government shutdown, however, is that the former often allows for its competitors to take advantage of the situation, whereas the latter has no such “competitors”, as it is the only “game” in town.

For Federal employees and U.S. Postal workers who are considering filing a 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, the question of “what to do” with the shutdown should be approached with the following questions: Do we assume that the Federal Government will “reopen for business” at some point?  The general answer is: Yes.

With that assumption, should we just proceed with preparing, formulating and filing an effective Federal Disability Retirement application?  Again, the general answer is: Yes.

The “private” sector continues to operate, and so the doctors who need to submit medical reports and records can still be accessed; the standard forms still need to be prepared, and the faster one is placed into the “waiting line” for determination by the U.S. Office of Personnel Management, the quicker the “product” of an approved Federal Disability Retirement benefit will accrue, once the doors of the Federal Government and the U.S. Office of Personnel Management are again opened for “business as usual”, beyond the shutdown that occurs from time to time.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employee Medical Retirement: The source of despair

There are searches for origins and those for solutions, regardless of the source.  One hears about the “source of the Nile” or of the Mississippi river; or of the origin of the species, how Man came about to become who he or she is, why and what of the destination.  To ask, “From where?” is quite different from the query, “How?”  The former inquires as to the source of X, while the latter is more concerned with the rationality behind the origin.

There is thus a difference between the physical or spiritual source of the matter as opposed to what Aristotle deems as the fundamental principle that explains the ultimate and elemental foundations. For example, for Federal and Postal employees 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 question one might ask may concern the source of one’s despair.  Is it the medical condition itself?  Likely.

But is there a more fundamental principle – like the work that one engages in, the harassment and pressures one is exposed to, etc., that better addresses the concomitant query concerning the “how” question?  The origin of one’s despair may be due to the medical condition one suffers; but if one could focus and prioritize upon one’s health, would that not “solve” a great portion of the despair itself?

In order to do that, it is often necessary to prepare, formulate and file an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, precisely because the source of despair cannot be searched for within a vacuum of a medical condition exclusive of all other contributing origins.

There is, in addition to the medical condition, the realization that one cannot continue with one’s chosen career with the Federal Agency or the U.S. Postal Service because you are no longer able to perform one or more of the essential elements of the Federal position or Postal work; and, further, a contributing factor may be the stress and pressure placed upon the Federal or Postal employee by the workplace itself, the hostility shown and the adversarial attitude of the Federal agency or Postal service.

Federal Disability Retirement may not be the full and complete solution to one’s source of despair, but it may be a necessary step in resolving the question as to “How” the burdensome source may be alleviated.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement for Federal Employees: Conspiracy of life

Tabloids lead us to suspect it; odd coincidences force us to confront it; and the amassed aggregate of life experiences allow us to consider seriously the implications of it.  Are there such deliberative interconnections that make seeming chance encounters more than the arbitrary clashes of random events, such that they are planned, coordinated and precipitated by human activity beyond mere statistical anomalies?

If the creation of the natural world can be acceptably explained by evolutionary forces without a grand designer of some relevant intelligence quotient, and if randomness can be explicated by instinctive forces based upon a genetic predisposition for survival, then certainly the conspiracy of life can be readily accepted.

Often, we dismiss and refute sequential events that “could only happen” with some modality of deliberative intent, with a dismissive declaration of, “Naw…it just couldn’t be…”   Yet, we believe in those inane, proverbial truisms, like – “When it rains, it pours”, as events seem to come in bunches, bad luck follows upon acts violating superstitious conduct defying the supernatural, and we still try and avoid making major life decisions when the stars become misaligned during a winter solstice.

And so we remain careful when coming upon the path of a black cat, or refrain from making major life decisions on those Fridays which fall upon an unlucky number; and, beyond, believe that a conspiracy of life may yet manage to subvert, pervert and preemptively undermine the dreams we dream, the fantasies we pursue and the follies we hope for.

For the Federal employee and U.S. Postal worker who suffers 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 the Federal or Postal position, it is not a far stretch to conceive of, believe in and otherwise suspect a conspiracy of life – precisely because Federal fiefdoms and Postal power-centers are replete with bands of marauding rogues whose sole purpose in life is to harass, intimidate, make life miserable and force the issue of “who is boss”.

Little people with evil souls tend to congregate in places where the frustrations of a personal life spill over into the professional arena of employment contexts.  Always remember, however, the singular focus in preparing an effective Federal Disability Retirement application:  To have it approved by the U.S. Office of Personnel Management.

Thus, if you get “drawn in” to the tangents by invitation of the conspiracy of life, you may regret the wayward course and the detour compelled by losing your way, direction and compass-driven focus that should guide you to ignore those unverified and arbitrary chance events as depicted in superimposed photographs besides outlandish editorial exclamations seen and surreptitiously viewed while standing in line at the grocery store.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Disability Retirement: Excision & Expiation

Sometimes, the former must be engaged in order to save the whole, lest the lesser segment spreads to infect the greater; while in different circumstances, of contexts involving spiritual offenses, the latter may suffice through acceptable acts of contrition or penance paid through rote words of sincere atonements.  In other instances, the act of the latter may account for the former, while the satisfaction through the former may be sufficient to complete the latter.

Excision is to surgically sever and remove, and then to discard and alienate from the body of which it was once a part; while expiation is to similarly remove, but which can still remain as a part of one’s history of misdeeds.  Both are acts engaged in for purposes of atonement beyond the present state of existential negativity.

For Federal employees and U.S. Postal workers who, despite the ongoing flagellation compounded by one’s Federal agency or the U.S. Postal Service upon the aggregation of negativity impounded through one’s deteriorating medical condition, continue to endure the proverbial adage that when it rains, it pours, consideration should be given to filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

In many ways, filing for Federal Disability Retirement is tantamount to the duality of acts involving excision and expiation; for, like the former, approval of a Federal Disability Retirement annuity by OPM results in a separation from that very body of which the Federal or Postal employee was once a part of; and like the latter, it resolves the ongoing conflict and struggle between the Federal employee or the U.S. Postal worker, and the Federal entity or the U.S. Postal Service, in terms of work left undone, dissatisfaction because of lost time, excessive use of Sick Leave, or exhaustion of FMLA benefits, etc.

From the perspective of the Federal agency or the Post Office, excision is the preferred methodology, as the Federal agency or the U.S. Postal Service can then replace the separated employee with someone else.

From the perspective of the Federal employee or the U.S. Postal worker, the approval of a Federal Disability Retirement benefit amounts to an expiation of sorts, as rendering a benefit to make it all worthwhile, for the years of dedicated service and sacrifice given, and a recognition that those achievements and accomplishments have not been for naught, despite what the last remaining years where deteriorating health and progressively debilitating medical conditions wrought upon one’s reputation and employment relationships.

Excision and expiation; they are the dual forms of atonement for the Federal or Postal employee who takes the affirmative steps in preparing, formulating and filing for Federal Disability Retirement benefits, when it becomes apparent that loss of physical or mental capacity in the face of impending health conditions is not a basis for surrendering to the inevitable vicissitudes of what life brings to the fore of man’s future.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Pursuing the Daily Divide

The bifurcation of our lives is a habit of accepted normative behavior; for most, it is the simple divide between one’s personal life and professional endeavors; then, there are sub-categories of complicated spectrums, where criminal activity is pigeonholed from a daytime semblance of respectability, or deviant behavior is concealed from one’s reputation and facade of societal refinement.  Those separations make for ease of transition, or used to.

More and more, in modernity, the dividing lines have become obscured; work is performed from home, and personal, more private affairs are discussed and disseminated in the workplace.  The great equalizer of the daily divide is a medical condition.  For, when one leaves one’s home, you cannot leave behind the condition and pursue your professional life untouched; instead, because a medical condition is pervasive, remains with one until cured or kept in control or concealment, the stigma of the condition remains throughout.

For the Federal employee and the U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s positional duties at the Federal agency or the U.S. Postal Service, it becomes apparent quite quickly as to whether one can maintain the daily divide, to what extent, and whether effectively or not.

Federal agencies and the U.S. Postal Service have little room for patience, and less space for empathy or an accommodating outlook (used in a general sense, as opposed to the term of art which “accommodation” implies in the legal field of OPM Disability Retirement).  It becomes apparent quite quickly that the daily divide — of separating one’s personal life from the pursuit of professional endeavors — cannot be maintained, and it is time to divide the daily divide by preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Life is rarely a neatly-packaged ordeal, and the many years that we were able to fool ourselves into thinking that the daily divide would allow for an undisturbed bifurcation between the two universes, reveals the fragile nature of our own creations of artifices that remain shaky in their very foundations.

Filing for Federal Disability Retirement benefits is often the approach of a pragmatist; the divide between one’s professional endeavors and one’s personal life was never anything but a cognitive dualism concocted by clever cheats; life was, and remains, the bundle of complexities entangled in the web of unpredictable mysteries, as is the human being.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Medical conditions and the “to-do” list

We often approach everything in life in a repetitive, systematic manner; of a routine which engenders habituation of comfort, and of identity harkening to obsession of similitude.  It is said of Kant that his neighbors set and corrected their watches and clocks according to the regularity of his walks, as his life maintained a predictability of precision so reliable that error could only be ascribed to a mechanical defect, and never to his human constancy.

It is as if there is an internal “checklist” in order to attain a progression of human development, and in an effort to achieve that advancement, both of thought and of physical growth, we must be assured of completion and fulfillment.  But medical conditions are never like that; we cannot “do something about it” and expect to “check it off” of our “to-do” list, only to move on to the next item on the itinerary.  A pastor once quipped, “Where there are people, there are problems.”  True enough; although, there could have been an addendum:  “And where there are problems, you can always find impure motives.”

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 problem is one of duality of purpose:  For the Federal or Postal employee suffering from a medical condition, the approach of attempting to “check off” the medical condition as another item on a “to-do” list is always rebutted by the stark reality of the medical condition itself; and from the Federal agency’s perspective (or the Postal Service’s), the thought-process of “when will it go away” simply avoids the issue, and fails to address the problem of the conflict which arises.

Thus, the benefit of OPM Disability Retirement is there for the Federal or Postal employee, precisely to allow for those circumstances in which (A) the medical condition no longer allows the Federal or Postal employee to be able to perform all of the essential elements of one’s positional duties, (B) the medical condition will last a minimum of 12 months — not that one must wait for 12 months, but rather, that the prognosis by a doctor or medical provider is willing to state that the medical condition will, within reasonable medical probability, last for that long, and (C) accommodation of the medical condition is not possible, and reassignment to a position at the same pay or grade will not ameliorate the situation.

In the end, medical conditions defy the human attempt to treat it as merely another obstacle to overcome, or an irritant to set aside.  It is a condition of human existence which represents a trial for a linear life we attempt to manage, when in fact a change of course is often the remedy, and not the repetition of comfort found in the thoughtless quietude of habit.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney: Pivotal Moments

In basketball, it is a key movement of escaping an opponent’s attempt to block or steal the ball, so long as one foot retains its point of contact with the hardwood floor.  In the game of greater life, it is a moment, in contradistinction from a singular series of movements, comprising the culmination of a spectrum of events, which requires a decision of exponentially quantified significance, such that it may be considered metaphorically to be “earth shaking”.

It can seemingly be as minor an event as when the first confrontation occurred as a child, challenging one to a fist fight; but, in retrospect, win or lose, that moment was pivotal in the sense that it determined the future character of an individual’s make-up:  of courage or cowardice, of fight or flee, and of facing up or turning away.  Or, of greater relevance, at least on a memory and consciousness level, of a career choice, of which school to attend, of whom to marry, and of raising a family despite difficulties, or divorcing with impressionable regrets.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is just one of those “pivotal moments” — it is a point of reference, the proverbial “fork in the road”, and the Frost-like road less traveled.  For many Federal and Postal employees, whether under FERS, CSRS or CSRS Offset, “sticking it out” and enduring the pain, the constant harassment and pernicious hostile environment, is actually the path of least resistance, precisely because the repetition of habitual comfort is often preferable to the unseen, unknown and unforeseen.

Like the basketball player who must maintain the point of contact with one foot while moving about on the other lest the referee’s whistle blows for a traveling violation, the Federal or Postal employee who suffers from a medical condition such that he or she is no longer able to perform all of the essential elements of one’s positional duties, remains within the “safety net” of the greater arena of life.

But within that macro-context of one’s future, whether one remains or takes an affirmative step by preparing, formulating and filing for Federal Disability Retirement benefits through OPM, will determine that future orientation where retrospective dismay may tether the soft landings of past regrets, when once butterflies fluttered like the dreaming spirits of yesteryear for pivotal moments once grasped at, but lost forever in the floating vestiges of our memories of yore gone and long forgotten.

Sincerely,

Robert R. McGill, Esquire