Tag Archives: quitting federal employment due disabilities

OPM Disability Retirement: The Grist of Life

It is that substance which is most useful; the essential part of the grain grounded in order to make flour; the rest and remainder — of the stem, the outer coating and armor which protects it — they, too, have some role to play in the larger scheme of things, but in the end, it is the grist of life which produces the essence by which we live.

Meaning, for everyone, may posses some external differences; but in the end, values which sustain and are sustainable, cross over and overlap; and yet, rare is the instance where such matters are discussed, even in the closest of families.

What is the grist of life?  Is it to drink, party and have the greatest extent of pleasure achievable?  Is it to “make a difference” in the short time we have upon this world?  Is it to accumulate the greater amount of “toys” and, in the end, to be declared the “winner” because of the amount and extent of wealth amassed?

Or, is it about “relationships” — of Father & Son; Mother & Daughter; Father & Daughter; Mother & Son; extended families; of grandparents; of the coherence or crisis; of a community which no longer exists.  When did we lose that sense of community?  When did the grist of life become a matter of money?

Whatever “it” is, you know that you have lost it when your health begins to deteriorate; for, when your health is a concern, no longer is there a question as to what is the grist of life — it begins and ends with one’s health.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that filing for Federal Disability Retirement is contemplated, the grist of life becomes quickly clarified:  Health, in order to to be able to have a quality of life.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law, and return to the essence of what it is all about:  Health, Life — a brighter future.

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.

 

OPM Disability Retirement Law: That Insular World

We can walk around without anyone knowing about the thoughts being thought; perhaps a grin may betray an inkling, or a sly smile triggering a suspicion; but isn’t that the beauty of the insular world?  We can escape into it; lock the doors; think our thoughts in the privacy of that insular world.  And of pain?

Wittgenstein asserted that there can be no private language game of One — i.e., of one person creating a language where only that person can speak, think, talk in that private language game, etc.  This is because language, by definition, is a vehicle and conveyance of communication, and if it only exists in that insular world of One, then it is not a language, but mere gibberish.

Again, what of pain?  Is pain similar to a private language game of One?  Certainly, others experience it — or so we are told.  But if someone says, “I am in pain” to a person who has never experienced pain, how can the second person understand what the first person is attempting to convey?  Say that the second person has in fact experienced pain — how do we know that what the second person has experienced is the same as what the first person is experiencing?

Pain, by definition, is subjective, but often with objective evidence correlating to the experience of pain.  But like the private language game of One, it is an experience which is possessed by only the person undergoing that phenomenon of feeling it.

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, be aware — beware — that the U.S. Office of Personnel Management will often argue that your pain is merely subjective, and has no objective basis to prevent you from performing your job.

It is doubtful that the OPM Medical Specialist is making the same argument as Wittgenstein was, but nevertheless, to counter the absurdity of OPM’s arguments, you may want to contact a Federal Disability Attorney who specializes in Federal Disability Retirement Law and hire someone who is familiar with the laws, regulations and legal case-laws which can counter that insular world of OPM’s vacuous arguments.

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 from Civil Service: The Unendurable Turmoil

Perhaps (and thankfully) for most, there does not exist one.  Turmoils are a part of everyday life.  Most are endured; some small numbers of them are actual “emergencies” which require urgent attention, but for the most part, life is a series of upheavals which has to be endured.

There comes, however, every now and again, an unendurable turmoil — a circumstance of such immense importance and of great impact such that it seems to be unendurable.  It is the moment during or just after a crisis; a recognition that things simply cannot go on like they have; a “breaking point” where something must give.  That point prior to the explosion or where the dam suddenly breaks and the massive flood of life’s fears begins, is the pressure point where help must be sought, attention must be obtained, advice must be acquired.

Medical conditions can bring a person to such a crisis point — especially where the intersection of work, family, pain and fear all aggregate and come to a “head”.  For Federal employees and U.S. Postal workers who suffer from a medical condition and need to file for Federal Disability Retirement benefits, don’t allow for your particular situation to culminate to a point where it becomes an unendurable turmoil.

Instead, consult with an OPM Disability Retirement Lawyer and get some advice.  Such advice from a Federal Disability Retirement Lawyer may be that proverbial last straw before it is placed on the camel’s back which prevents the situation from becoming the unendurable turmoil.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: The Pariah

The irony is that some in the universe of bloggers and ceaseless appearances on the Internet consider that the word itself should be cast out of the sphere of daily lexicon usage; the word itself is considered a pariah, and therefore is treated as such.

Yet, words in and of themselves have no meaning; Wittgenstein is correct in positing that the concept of a “private language game” known exclusively to a single individual is nonsensical — literally — precisely because “meaning” is imported by the manner in which a word or sentence is communicated between two or more individuals, and the purpose and motive by which it is applied.

A pariah is an outcast, and there are many in the world who are treated as such.  Whatever its historical origins or derivative usage which have engendered insult or resulted in a connotation of disparagement, the problem is not in the word itself but in the motive behind its application.  The word itself is actually quite descriptive and describes accurately the manner in which many individuals in society are treated.  Expungement of the word would indeed be a great loss.

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 treatment of such individuals as a “Pariah” aptly describes how they are looked upon.

Consult with a Federal Lawyer who specializes in Federal Disability Retirement Law, and see whether or not you might qualify for a Federal Disability Retirement annuity so that you can escape from the designation of a “pariah” and move forward in a life where you are treated as an equal, and not as an outcast.

Sincerely,

Robert R. McGill, Esquire

 

Filing for FERS Disability Retirement: Hope for Hope

There is hope; then, there is hoping for hope.  Hope alone is the ability to see the distance between Point-A and Destination-B;  Hope for hope is the capacity to picture in one’s mind that one may be able to view that distance between A and B.

Few of us are in the former category; for those in the latter, it is the little step between the two that remains a wide chasm that keeps growing each day.  The concrete plans that are made; a sense that there is a destination which is reachable; an idea to strive for, a meaning to live by and a clear perspective upon which one may abide by — these give hope.

It is when one lacks that hope, but is yet hopeful to attain it — that means that the spark of life, however faded or jaded, still remains, albeit in a flickering, fragile existence.  Perhaps it is as a result of a trauma; or the chronicity of a problem, a disabling medical condition that progressively and steadily deteriorates, where the soul becomes so battered and wounded that one is on the verge of giving up any hope for hope.

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 may be time to consider filing an effective Federal Disability Retirement application, to be ultimately submitted to the U.S. Office of Personnel Management.

It is a long and arduous administrative process, and the process itself often picks apart a person’s hopeful reserves.  But it is a process which carries with it a hope for hope — away from the harassing nature of the Federal Agency, away from the constant battle against Postal Supervisors and Managers; and, in the end, it is the hope for hope that reinvigorates the belief that there is life beyond a career that has been slowly extinguishing the flickering hope that keeps one going.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: The imperfect image

There is, to begin with, the “perfect image” — that which we hope to project; those which appear on Twitter, Instagram, Facebook postings; and further, the public domain of our selectively chosen, carefully manufactured and manicured condescensions of carved lives.

The imperfect image is that which haunts us; it is the opposite of what we wants others to know about us; the very antithesis of what society allows for and deepens within the fears of our psyche where nightmares begin to boil over, anxiety begins to percolate, and stress-induced heartbeats rise to the level where dangerous palpitations lead to sudden onset of a terminal feeling.

The latter feeds upon the former.  It is precisely because the former exists that the latter becomes the illegitimate child of a figment of an unreality, and yet gnaws and destroys despite everyone’s recognition of its impossibility.  It begins perhaps with the age-old theological arguments — of the query, How can man have a concept of perfection unless there is such an entity that exists?

The classical counter-argument has often been: Well, we are able to imagine 3-eyed monsters with green-colored tentacles, are we not, even though they do not exist?  And the counter to the counter-argument was: Yes, but that is merely a matter of the imagination amalgamating all of the separate components — of 3 different eyes; of the color green; of tentacles like an octopus’ appendages; then, by creativity of the mind, to put them together.

Thus does one imagine perfection because there is such a Being as a perfect Being; and from that, Man views himself, sees the inadequacies and determines his or her own sin— unless, of course, you are on Facebook or Instagram, in which case you are the Being of Perfection itself…at least to all others who view you on such mediums of communication.

It is from that held-concept of perfection that when the early rash of imperfections begin to spread, we think in error that life is no longer worthwhile, and the despair of a false belief begins to pervade the inner psyche of our private lives.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where 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, the sense of despair and hopelessness often begins with the manner in which you are suddenly treated by others — by coworkers, supervisors and managers — where your imperfections are suddenly highlighted.

You are no longer as “productive”; your attendance becomes “unacceptable”; you begin to make too many “mistakes”; you are deemed less than “perfect”.  The reality is that there is no such thing as perfection — only a concept forever unrealized but put forth falsely into the arena of public consumption.

The imperfect image that we hold onto — of a deteriorating body or stress-filled mind that begins to show wear and tear over the years — that is merely the reality of who we are: Imperfect beings, frail and fraught with error and (used in the old-fashioned way) filled with sin.

For the Federal employee and Postal worker who comes to the realization that imperfection is a reality not to be ashamed 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, is not merely an admission of such imperfection, but rather, a facing of a reality that we all must embrace — of the imperfect image surrounded by false notions of a perfection never to be realized.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Devising Escape Routes

What a person spends his or her time doing away from work, reveals much as to how one’s work will be accomplished.  If one attempts immediately to build protective walls around the core of a project in an effort to stave off potential marauders, as opposed to focusing upon the substantive essence of the idea itself, then perhaps the vulnerability of the project itself will begin to manifest.

Our own fears often overwhelm; but healthy fear can be a positive use of an evolutionary tool meant to apprise and alert.  It is only when it becomes an impediment and obstacle for progress and advancement that our own self-immolative actions begin to impact our capacity to grow.  There is a delicate balance between healthy fear and that which lends itself to self-destruction.  Proper evaluation and analysis of a circumstance or situation is required in order to establish the former; for the latter, a groundless allowance without facts or evaluative input.

For Federal employees and U.S. Postal workers who suffer from a medical condition, the question often becomes, At what point do I begin to consider escape routes?  Do I need to devise them, or are the mechanisms already in place?

Escape routes are devised in response to dangers present; and often it will appear as if the manifestation of a medical condition will bring out the worst in others.  Isn’t that an anomaly in and of itself — that one’s own deterioration of health will impact the behavior of others, in a derogatory manner?  But that is precisely what a “stress test” is for, is it not?  It is never in the best of circumstances that reveals the true nature of a thing; rather, it is under adverse conditions which unravel the artificial appendages with which we camouflage.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is somewhat like an “escape route”, in that it allows for the Federal or Postal employee to exit from the adversity of circumstances, and plan for one’s future.  One need not “devise” it, to the extent that it is “already there” — a benefit for all Federal and Postal employees who have a minimum number of years of Federal Service (18 months for those under FERS; 5 years for those under CSRS).

For the Federal or Postal employee considering such a route, the priorities of life should always prevail:  Focus upon one’s health in an effort to remain (for those who are beset with a medical condition which is “work-related”, filing for Federal Workers’ Compensation benefits may be the first option to consider); then, if it becomes clear that one’s medical condition is impacting the ability to perform one or more of the essential elements of one’s job, and that the medical condition will last a minimum of 1 year (and it should be emphasized that one does not need to wait for a year in order to determine this aspect; rather, it is merely a medical prognosis that the medical condition will likely last at least 12 months or more that is required), consideration should be given to preparing, formulating and filing for Federal Disability Retirement.

In the end, it is not a matter of devising escape routes, but rather of recognizing the limits of human endurance, evaluating one’s place within the context of growing adversity, then acting upon those exit points available and allowable — then to make a proper decision for one’s self, and for one’s family and future.

Sincerely,

Robert R. McGill, Esquire

 

Early Medical Retirement for Federal and Postal Employees: Like the Wind-Up Toys of Childhood Yore

They were innovative creations, precursors of the digital age and battery-powered contraptions.  The disadvantage, of course, was in the limitations imposed by the length of the coils allowing for winding, releasing, then causing the movement; and so the appearance of independent animation lasted merely for the duration of the internal mechanisms and the capacity allowed by delimited space, time and mechanical release.  Like the belief in the invisible thread gently pulled by gods and angels designated to protect, the mechanism of innovation in propelling wind-up toys lasted in limited form.

For Federal employees and U.S. Postal workers who feel as if they are mere pawns and wind-up toys, the sense of limitation is self-imposed through continuing in an environment which fails to foster or  remain intrigued.  The child who spent hours winding up the fascination of one’s imagination, watched the toy engage in its repetitive movements, but never lost the focus and concentration and ongoing relishing of delight in a simple contraption, is like the agency who once catered with loyalty and encouragement to the needs of the Federal or Postal employee.  But the medical condition which begins to prevent the Federal or Postal employee from performing all of the essential elements of one’s positional duties, or requires greater time and effort, is like the reaction of that same child who loses interest because of the broken toy which fails to provide the pleasurable interests engendered and fails to give thought of repair or redemption, but merely of replacement.

When the commonality of childhood dismay and adulthood crisis converge as parallel universes of clashing calamities, then it is time to consider preparing, formulating and 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.

Filing for FERS or CSRS disability benefits, for the Federal or Postal employee, is a time of reckoning; of understanding what one’s medical condition has portended; how it has impacted one’s place in the Federal agency or the U.S. Postal Service; and where events and circumstances have lead one to.  And the time to file for Federal and Postal Disability Retirement benefits is not when the coils of the wind-up toy gives out, but long before, when the fascination of childhood innocence still tickles the glory of inventive interest in the world around, lest the spark of humanity be stamped out forever like the brokenness experienced with the stoppage of inner workings of the wind-up toy of childhood yore.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Attorney: Playgrounds and the Collective Institution of Fair Play

We learn it early on; the unstated rules, the lines which may not be crossed, and to be weary of those whose reputation precedes them for the blatant disregard of both.  How they are learned; what they are; whether explicitly stated or impliedly conveyed; few, if any, have a memory where the Head Mistress of the Universe of Playgrounds sat us all down and said, “Now young ladies and gentlemen, here are the 10 rules of fair play.”  Regardless, we all somehow came to recognized and apply them.

Wittgenstein provides some valuable insight into the way we learn the language games involved in game-playing; much of it is through sheer doing, an ad hoc manner of practical reasoning and applied rationality.  And then, of course, we become adults (yes, at least most of us do; some, left behind on the playgrounds of life, remain as infantile cherubim, clueless and naive to the cynical ways of the world); and it always seems as if the same ones who violated the rules of the playground are the ones who flaunt the normative constraints of the greater universe.

For Federal employees and U.S. Postal workers who are formulating a strategy for filing a Federal Disability Retirement application, whether one falls under the general aegis of FERS, CSRS or CSRS Offset, the question often must be confronted as to the Supervisor, Manager, or even a fellow coworker who is pining for a confrontation and direct disregard of the collective institutional enforcement of what everyone else knows as “fair play”.

This, despite the fact that there are multiple Federal laws governing treatment of individuals with known medical disabilities.  But the Federal “system” of retaining workers with medical conditions and disabilities, and the perfunctory requirement of accommodations and the search to provide adequate accommodations, undermines any compelling force to restrain the playground bully.

OPM Disability Retirement benefits, filed either through one’s own agency if one is still on the rolls of the agency; or if separated, but less than 31 days since the official date of separation, in either case must be filed through the Human Resource Department of one’s own agency, or through H.R. Shared Services for Postal Workers (located in Greensboro, North Carolina); or, if separated for more than 31 days, then directly to the U.S. Office of Personnel Management in Boyers, PA.

In the end, things rarely change much, if at all.  Those collective institutional enforcement mechanisms learned on the playground — tattling to the playground monitor or to one’s teacher; talking to one’s parents, etc. — end up with a snicker and a sneer.

Yes, society has become well aware of bullies and mean people, but they have been around longer than the oldest profession in the world, and the collective institution of fair play and the playgrounds upon which they played out, will continue to witness backstabbing and surreptitious violations, transferred universally to the places where adults play, and where the most vulnerable in need of the greatest protection, still must do things the old fashioned way:  reliance on sheer luck, or to seek the best legal advice possible.

Sincerely,

Robert R. McGill, Esquire