Filing for FERS Disability Retirement: The Time to Decide

The process of decision-making comes in all forms: Of procrastination until one is forced into making one; of deliberative thoughtfulness until all logical possibilities are exhaustively analyzed and a default judgment is entered through rational elimination of available options; of basing it all upon an “instinct” or a desire; of randomly choosing based upon the belief that — as the universe itself is arbitrary and capricious, so should all matters be decided in a parallel fashion; of considering the alternatives and eliminating them based upon a gut-feeling; and multiple other nonconformist manners, often combining a multitude of various methodologies — if in fact one can even refer to “madness” as a method.

Regardless — whether of one method or another — there comes a “time” to decide, and that time is often relevant based upon additional factors to take into consideration: Others are dependent upon your decision; there is a time-limit on making a decision; certain contingencies have occurred which require a decision to be made; or, to simply let outside circumstances dictate the decision by deciding to engage in the act of a non-decision.

For Federal employees and U.S. Postal workers who are struggling with the decision of whether to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the question of “timing” is often decided by the extent and severity of the ongoing medical condition itself.  The anomaly of when is the “right time” is often offset by circumstances beyond one’s control: of actions perpetrated by the Agency; of the worsening of one’s medical condition; of the exhaustion of FMLA, SL and AL and the denial of extending one’s LWOP status; and the combination of any or all of the complex interaction of pressures and stresses which impact perfect timing.

Time is an artifice of relative events; often, there is no such thing as “perfect timing”; but what we do know is that there is a time to decide, and that time is when a Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s Federal or Postal position.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS: When something is determined

How do we know that a person is “good”?  Or articulate?  Or of a criminal bent?  When do we say, “Oh, the movie is too boring,” and then proceed to turn it off and go and do something else?  Or, at what point does a person determine that a book is worthwhile?

Is there a “set” point, or does it just depend upon different tolerance levels for each individual, such that some people will stubbornly refuse to give upon on X, whereas others with less patience will easily abandon any sense of loyalty or dependence?  As to the latter — of “dependence” — is there a point of unhealthy attachment even when everyone else has given up the proverbial ship?  To that end — when does “loyalty” begin to smell of foolhardy obedience to signs others would otherwise deem as self-destructive?

At what point does a person consider the ratio between toleration of a boring book or movie in comparison to the potentiality for a better ending, and continue on the trek of boredom in hopes of realizing a greater and more exciting future?  Are there character-traits by which we can determine a “healthy” sense of determination as opposed to a weak-willed willingness to be trampled upon or waste one’s time and energy?

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 job, the “when” of determining — as in, “When is it time to file for Federal Disability Retirement?” — is something that must be gauged according to the uniqueness of each individual circumstance.

Certainly, when the Agency begins to initiate adverse actions; certainly, when a doctor recommends such a course of action; and, certainly, when it becomes apparent that the Federal or Postal employee can no longer perform one or more of the essential elements of one’s job.

When something is determined — it is an important analytical judgment that must be decided in light of the fact that preparing, formulating and filing for FERS Disability Retirement benefits is a long and complex administrative, bureaucratic process, and consultation with an attorney who specializes in Federal Disability Retirement Law is a first step in determining that which is important to determine when something needs to be determined about.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement from OPM: Holding a grudge

Doesn’t holding a grudge imply a certain level of intelligence?  Do other species have the capacity for holding a grudge?  Certainly, some breeds of dogs do — of getting into a growling match, or one of those “baring the teeth and gnarling sounds”, but with very little harm done; but if it is not “finished”, will come back and engage in some more noisy combat until one or the other is satisfied that neither a grudge nor a kiss will any longer be necessary.

“Having a grudge” can last a moment or a lifetime; “Holding a grudge” is comprised of the tenure of the grudge being held, and not as to its intensity of feeling.  Some grudges may be sweet and delicious; others, a gnawing sense that does greater harm to the holder than to the one for whom it is held.  There is, in the end, a difference between a grudge and a sense of resentment, although the former may include the latter, but the latter does not necessarily entail the former.  Siblings and best friends are famous for holding grudges; it reveals the level of hurt and care that becomes deep-seated when once betrayal cuts and bruises.

For Federal employees and U.S. Postal workers who suffer 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 Federal or Postal job, it is often an easy path to find oneself on where one was once the Federal Agency’s “star employee”; then, a medical condition sets in, and suddenly the congratulatory accolades become silent, and unilateral actions are taken by the agency which begins to foment resentment…and a growing “grudge match” begins.

Administrative sanctions are imposed; a PIP is initiated; perhaps, even removal from Federal Service.  Yet, all along, you are thinking: “I have a medical condition; why are they treating me this way?”  Grudges, indeed, often are held because of mistreatment or maltreatment; and it is often worse when there is no face or name to be placed with the grudge, but merely a large Federal Agency or the Postal Service that cares not a twit about your medical condition.

The best thing to do in such circumstances is to prepare, formulate and file an effective Federal Disability Retirement application with the U.S. Office of Personnel Management and “move on” beyond the sense of resentment and grudge-holding that can destroy a life further than the medical condition itself.  Yes, holding a grudge does imply a certain level of intelligence, but to hold one for too long shows a significant level of stupidity, as well.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Reference points

They are the connections by which a society maintains a fabric of commonality, whether by myths, narrations of stories handed down, religious knowledge or books and movies.  It used to be that the “Good Book” was the mainstay of the reference points, so that when a person referred to having “eaten the apple”, for a simple example, one immediately knew that the reference points between a sin committed and the origin of that sin had a commonality within a woven fabric of a community’s awareness.

Similarly, people used to refer to books – of classics and works which were generally read and assumed, and when a person made a literary reference in the course of a conversation, it was not to be presumptuous of one’s education or knowledge, but as a “reaching out” in order to establish a membership in the fabric of the greater community.  The expansion of choices, the division of classes within a society, and the fraying of that greater fabric of a society’s common interests – they are all indications of a disintegrating civilization.

Reference points were once assumed; today, they have become rarer; and as the younger generation moves on in concentric circles of technological advancement that become lost in the self-absorption of self-promoting images on Internet-based social forums, so reference points become less common except within the self-contained genres of Facebook, Instagram and Twitter feeds.

Of course, there have always been problems with various reference points – one being the reference point of a medical condition.  For, a person with a medical condition has the private reference point of pain and suffering, and the long stays at a hospital, or the constant visits to the doctor’s office – reference points that few at the office ask about, let alone know about in any detail that would bring about any sense of empathy.

Federal employees and U.S. Postal workers are often the greater culprits of maintaining private reference points, because they continue to push themselves through the pain and agony of a medical condition without complaining, and so there is very little reference point by which coworkers can offer sympathy, empathy or any help at all.

Fortunately, 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, does not need any reference points, other than the legal criteria by which one must meet the eligibility reference point.  For, ultimately, the final reference point that the Federal or Postal worker needs, in order to prepare, formulate and file an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is the one that establishes that the Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s Federal or Postal job, and that is the only reference point that matters.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement from Federal Employment: Far-Flung Universes

Each generation tells a generic story reflective of the times; and thus did the Great Depression era produce movies and epics with undertones of escapism from the harsh realities of life; of the 60s, the fear of nuclear holocaust and the confrontation of the Cold War; of the following decade revealing the hesitation for  technology and its pervasive intrusion into the privacy of our lives; and so on, so the anxiety, fear and loathing goes.

Throughout, people escape in their own private ways, through daydreaming, imaginative time-travels as in the classic short story by James Thurber depicted in, “The Secret Life of Walter Mitty”; and other times in nightmares and dreams controlled only through the breaches in our subconscious.  It often seems as if the far-flung dimensions and dominions of hope save us only through living in those other-world universes, if only for a moment, a period, a time and a day.

Vacations and weekends only delay the inevitable, and then the harshness of who we are, what we have become, and where we are going, all come crashing back, like the rolling waves of thunderous whitecaps which bellow in the echoing chambers of the far recesses of our minds.

For the Federal employee or the U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to threaten one’s livelihood, resulting in the Federal agency or the U.S. Postal Service beginning subtle (or not so) noises of increasing pressures through adverse actions, like unpleasant abdominal groans which should remain private but echo out into the public domain, it may be time to escape the escapism of the alternate universe and become “real” by 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.

Other and far-flung universes offer hope beyond dreams, but when the dream is shattered by the progressively deteriorating forces of a present-day reality, it is time to travel back to the origins of reality, and face a full-frontal confrontation of what the pragmatic steps of day-to-day concerns must by necessity bring, and begin to prepare, formulate and file for OPM Disability Retirement benefits.

Alternate dimensions indeed reflect the times one lives in, and may even represent a pleasant moment in time, a respite away from the harshness of today’s reality; but when the awakening occurs, one must shake away the cobwebs of fantasy, and face the serious concerns of one’s angst-filled day, as the medical condition will not go away, the Federal agency and the U.S. Postal Service will not fade, and the fight to survive will remain as real today as it will be tomorrow.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: The Recurrent Nightmare

Perhaps it is explicit, of images which repetitively beat the drum of constancy; or, sometimes, despite every effort, one cannot recall the harrowing particulars of a nighttime of eternity filled with dissipation of fear and loathing.

Restorative sleep is lacking; whether from pain, nightmares or paralyzing panic attacks; and the medical designation of insomnia, Obstructive Sleep Apnea, or psychiatric conditions of Generalized Anxiety Disorder, intrusive nightmares; or perhaps it is much more direct and simple:  pain which prevents getting into a comfortable position in order to drift off into the dreamland of serenity, and where the sharpness compels one to awaken with a scream, only to find that it is the silence of one’s aloneness which permeates the quietude of the voice which no one hears.

The next morning, the profound fatigue and exhaustion, beyond the mere ache of tiredness, with residual cognitive dysfunctions,follows one throughout the day, like a scent of undefinable and unidentifiable aura, always there but never quite connected, either in location, distance or substantive content.  For Federal employees and U.S. Postal workers who experience a semblance of such a state of being, it becomes like a recurrent nightmare, and work becomes impacted in so many different ways.

In physical-intensive jobs, in the greater potentiality for mistakes and accidents; in cognitive-focused positions, in analytical miscues and inability to focus and concentrate.  Perhaps it all becomes reflected in one’s performance review, or one becomes placed on a “Performance Improvement Plan” (a PIP); or even be handed an Agency’s Proposed Removal; whatever the cost, for the Federal or Postal worker, it is time to consider preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset.

No, Federal Disability Retirement is not the “be all” and “end all” of solutions; but it is an option which should always be considered when once the recurrent nightmare engulfs the Federal or Postal worker with consequences of adverse actions imposed upon a fragile state of being ready to crack under the weight of a chronic disease or medical condition of such seriousness and sufficiency as to have impacted one’s capacity to perform all of the essential elements of one’s positional duties.

Sincerely,

Robert R. McGill, Esquire