Medical Retirement Benefits for US Government Employees: The Flux

Life must of necessity involve change; otherwise, the definition of its corollary occurs, or at a minimum, a deadened spirit.  But the tripartite self-contradiction of life, death, and the security of habituated changelessness entraps us all: In youth, the excitement of constant flux energizes; in later life, the unwelcome changes and interruption of daily routine leads to turmoil; yet, as the negation of the mundane equals the non-existence of youthful energy, so the denial of needed change must of necessity result in a deadened soul.

It is, of course, a concept which is often associated with Heraclitus, who proposed that all is change, and inevitably so, as we cannot ever step twice into the same river.  Parmenides, on the other hand, introduced the contrary idea, that change is impossible and merely illusory.  Subsequent philosophers have melded the two, and compromised the bifurcated extremes, somewhat akin to the composite yin-yang embracing of the opposing forces of life.  But as resistance to change implies change itself, so surrender to flux may also indicate loss of will.

For Federal and Postal employees who begin to suffer from a medical condition, such that the impact from the medical turmoil must of necessity dictate some needed changes in one’s life, so the natural instinct to resist the flux of one’s career is a natural reaction.  But for the Federal and Postal employee who ignores the need for change, failure to foresee will ultimately result in changes being made by external forces, and not necessarily by choice.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS or CSRS, is something that must be proven by the Federal or Postal employee who becomes a Federal Disability Retirement applicant.  It must be proven by a preponderance of the evidence; it must be affirmatively shown to the U.S. Office of Personnel Management that one is eligible and entitled to Federal Disability Retirement benefits.

When a medical condition begins to impact the Federal or Postal employee’s capacity to perform the essential elements of one’s job, the temptation is to first see the world as Parmenides did, and to resist change; but the reality is that change has always been in the air, and the metaphorical river to which Heraclitus referred has been eternally running through the peaks and valleys of life, quietly and without our realizing it.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement from the U.S. Office of Personnel Management: Catch of the Day

Restaurants announce it; law enforcement offices declare it; con artists make a living by it; and agencies sneeringly pounce upon them. They are the designated focus for the day, often longer, and sometimes until they disappear from the depths of abundance which the season and migration of schools allow.

When one is a Federal or Postal Worker, becoming the “catch of the day” can mean that you are the targeted one; the one whom harassment and daily persecution becomes the norm and routine, and having such a reputation allows for the safe haven of others who exhale a loud sigh of relief for being spared such an ignoble designation. Once the target, agencies never let up. Whether it leads to a PIP, multiple suspensions, letters of reprimand, sick and annual leave restrictions on usage, doesn’t quite seem to satisfy the insatiable appetite of the persecutors.

Yes, there are some countermanding moves: EEO complaints; grievance procedures filed; even lawsuits and resulting awards of significant verdicts, on rare but victorious occasions. But the human toil expended rarely justifies such moments of rare glory; and for the individual who suffers from a medical condition, the juggernaut of the agency’s reserves and reservoir of implements and infinite resources of persecution means that a time of respite is merely temporary.

Federal Disability Retirement is a benefit which one must consider when the coalescence of a medical condition, agency actions, and the recognition that one is unable to perform all of the essential elements of one’s job, comes to a tripartite sequence of combined consonance.

Filed through the U.S. Office of Personnel Management, the Federal or Postal employee under FERS or CSRS has the opportunity to receive an annuity, and still go out and begin a new career in the private sector, and make up to 80 percent of what one’s former Federal or Postal position currently pays.  It is a consideration which should always remain a viable option, lest one’s picture remain with a bullseye depiction alongside the declaration that you are the agency’s “catch of the day”.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: Wrong Turns

We often take wrong turns in life, or unexpected ones, and end up in places, circumstances and situations which were unintended, or at the very least, not included in our childhood dreams.  But the fact that one’s original plans failed to materialize in full, or resulted in an altered state different from nascent dreams, does not make the consequential endpoint any less valid or fulfilling.

Life often takes alternate twists and turns different from one’s original and neat packaging — based upon what life “should be” as opposed to what life “is” in the harsh reality of everyday existence.

For the Federal and Postal Worker who is beset with a medical condition such that the medical conditions prevents one from performing one or more of the essential elements of one’s job, the trauma of the condition itself is enough of a twist in life to contend with, leaving aside the decision to change one’s career and intended path of one’s dreams.

Regret and remorse often abounds, but one should look at it in a different light.  Rarely is a life which fails to change from the paradigm formulated in childhood, relevant or fulfilling throughout adulthood.

Federal Disability Retirement benefits is an available tool for the Federal and Postal Worker who must consider a turn in life.  Filed through the U.S. Office of Personnel Management, it is available precisely for those Federal and Postal Workers under FERS or CSRS who must face the prospect of make a turn — and where a medical condition is involved, it is neither a “wrong” one, nor one which must necessarily disrupt a childhood paradigm.  It simply is one of those “ises” in life.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: The Easter Paradigm

Paradigms which are based upon traditional, historical or religious foundations which have had their efficacy tested by time, have a clear advantage over untested social engineering experiments.

Federal Disability Retirement, whether under FERS or CSRS, from the U.S. Office of Personnel Management, is a paradigm of recognizing the worth of human productivity, by allowing for payment of an annuity because of a medical condition which prevents one from performing one or more of the essential elements of a particular job; yet, concurrently, allowing for productivity in working at another job, if desired, and if capable.

Thus, the normal reaction for the public at large is often, “Why should you get anything if you can work at some other job?”  The answer is the recognition of the Easter Paradigm:  death and resurrection are not mutually exclusive concepts; similarly, the fact that one is “disabled” does not mean that one cannot continue to contribute within the context of the workforce, but in a different kind of vocation.

The recuperative period of not being forced to work at a particular kind of job allows for the redemptive result of “rising” in another job.  Worth of a human being is recognized in allowing for a “second” chance.  The historical test of a model which has worked, the Easter Paradigm is one of hope and oriented with a view to the future — however long that may be.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: The Myth of Sisyphus

Albert Camus’ classic essay, “The Myth of Sisyphus“, involving the Greek mythological figure who was condemned by the gods to perform a meaningless task in repetitive perpetuity, is appropriate as a metaphor for the Federal or Postal employee who is contemplating filing for Federal Disability Retirement benefits, whether under FERS or CSRS, from the U.S. Office of Personnel Management.

Camus’ point was to reveal the absurdity of the human condition, and yet to find meaning in the penultimate meaninglessness of that very human condition — to reverse the philosophical template where essence precedes existence, and to instead grapple with meaning, value, significance and substance in the midst of human toil and turmoil.

For the Federal or Postal Employee, the heroics of continuing to work in the face of a progressively deteriorating medical condition, can seem like the task of Sisyphus:  the meaning and value of such toil is questioned; the chronic pain or uncontrollable psychiatric symptoms begin to loom larger in proportion to the lack of sensitivity by coworkers, supervisors, and even family members and friends.  Yet, like Sisyphus, it is important to continue the day-in and day-out work, if only to survive for the next day.

Federal Disability Retirement is a benefit available for the Federal or Postal worker who finds that he or she is no longer able to perform one or more of the essential elements of one’s job.  It is, in many ways, an avenue to break away from the repetitive toil — a pathway which Sisyphus himself did not have.  It allows for the recuperative timeframe, and to perhaps move on to another career or vocation, away from the work which either contributed to the deteriorating medical condition, or one which could no longer be pursued because of the medical condition.  Either way, pushing the boulder up the hill and watching it roll down the hill, only to push it back up the next hill, is a manner of living which constitutes mere existence, as opposed to embracing the potentiality of the human condition.

Preparing, formulating and filing for Federal Disability Retirement from the U.S. Office of Personnel Management is an option which any Federal or Postal worker who has a medical condition such that the medical condition prevents one from performing one or more of the essential elements of one’s job, should be seriously considered.  It is a benefit which was not available to Sisyphus; it is available to all Federal and Postal employees, whether under FERS or CSRS, as long as you have the minimum 18 months (for FERS employees) of Federal Service (it is assumed that if you are under CSRS, you already have a minimum of 5 years of Federal Service).  Sisyphus, of course, is presumably still rolling that boulder up the hill (or watching it descend), as we speak.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Right Questions

Often, a person who is contemplating filing for Federal Disability Retirement benefits under FERS or CSRS doesn’t know the “right question” to ask in order to make a proper decision.  Because a medical condition often leaves a person with daily and profound fatigue  (both physical and cognitive), it is enough just to get through the day, come home and attempt to recuperate and regain enough strength to try and make it back to work the next day.  Then, of course, there are the financial worries — whether or not the disability annuity will be enough to support a family; whether a person will be able to supplement his or her income with a part-time job in this tough economy; or whether Social Security Disability benefits can be approved and, even with the offset, allow for enough income for some semblence of financial security. 

All of these questions — or concerns — are clearly legitimate ones, and provide a good foundation for determining the viability for filing for Federal Disability Retirement benefits under FERS or CSRS.  But there are others, also:  What will happen if you don’t file for disability retirement benefits?  Will you be placed on a PIP?  Will you receive an unsatisfactory performance rating?  Will you last until retirement age?  If you last until retirement age, will you have the health necessary to enjoy your retirement?  Is it time to start a small business venture in this tough economy, and if so, when the economy begins to recover, will your small business grow with a growing economy?  Will your supervisor support your extended absences or over-use of sick leave for much longer?  Is the work that is getting backed up placing more pressure on you, such that it is exacerbating your medical condition further?  Think through the questions seriously.  It may be time to file for Federal Disability Retirement benefits under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Decision

I have often spoken about the “process” of filing, but that mostly concerns the administrative ordeal of filing:  of preparing, of gathering the medical documentation, of writing up the proper applicant’s statement, of putting together the legal arguments in support thereof, etc.  Then, of course, I have spoken about the “human” side of things — of the difficult human ordeal of going through the process.  There is the initial psychological barrier — of starting the administrative process, which is somewhat of an implicit acknowledgment that a person is indeed “disabled”, as if that concept or label has some sort of a “stigma” attached thereto. 

One would think that in the 21st Century, all such stigmas would have been extinguished and extinct; and, indeed, most such stigmas are merely self-imposed.  Often, we are our own worst enemy; there is the barrier of ourselves in the process, of actually starting the process.  This is often why an attorney is the best person to handle a Federal Disability Retirement application — because it allows for the process to begin, without it being so intimately and personal a matter to the applicant.

Sincerely,

Robert R. McGill, Esquire