OPM Disability Retirement: The Complication of Accommodations

The problem with most people is that they come at a conversation with a selective focus — and listen for that which they want to hear, and filter all other information which fails to fit the paradigm of their predetermined perspective.

In preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, the question of accommodations via Standard Form 3112D comes to the fore — often because of the selective focus of issues on the part of OPM.

The fact that an agency may have engaged in work-place modifications, or allowed for temporary alleviation of certain elements of one’s job description; or even provided a state-of-the-art ergonomic chair with 3-speed controls with horizontal landing mechanisms — does not mean that the agency was able to, or did, accommodate the Federal or Postal employee under the legal meaning of that which constitutes a viable “accommodation” .

For, that which the agency does must allow for the Federal employee to perform the essential elements of his or her job, and any such attempted “accommodation” which does not meet that standard, is technically not an accommodation at all.  It is merely an artifice and a cosmetic make-over in an effort by the agency which allows for the agency to declare that they have “accommodated” the individual Federal or Postal employee.

Rarely does the question on SF 3112D get accurately responded to; for, the concept of “attempted” accommodations is precisely the point — if it was attempted, and did not work, then the agency has an obligation to concede and describe that point; but from the Agency’s myopic perspective, any “attempt” constitutes an accommodation, and the U.S. Office of Personnel Management will embrace such an assertion with open arms.

What to do about it?  Always focus upon the central point of a Federal Disability Retirement application — it is a medical retirement.  Thus, the doctor’s opinion is sacrosanct, and should be repetitively emphasized.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: The Gatekeeper II

The image of the gatekeeper is a powerful one — for it represents both sides of an analogously identical coin:  of an insurmountable impasse from the perspective of a third party, as well as the key to entry and deliverance when seen from the subjective “I”.

Stress is ultimately an inevitable and inherent part of any workplace environment.

Each of us represents a gatekeeper of sorts; what we allow to bother us, and what stresses we embrace and transport into the quietude of our own homes, will often depend upon each individual’s tolerance for the wide spectrum of ability to filter the stresses impacting our lives.

The U.S. Office of Personnel Management is also a gatekeeper of sorts.  The Agency empowered to make determinations on all Federal Disability Retirement applications can open the door to allowing for that crucial rehabilitative time in a person’s life, where granting of a Federal Disability Retirement application will secure one’s future and change the course of one’s life in order to avoid, avert and allow for an environment different from the stressful one which is impacting one’s health and well-being.

Ultimately, the gatekeeper him/herself — the Federal or Postal employee — must make the decision to open the door or not, and to take the next step in determining whether or not it is time to file for Federal Disability Retirement benefits, whether under FERS or CSRS.  That decision — whether to open the door or not — is often the single most important step of one’s life, career, and future course of actions.

In the end, we determine who we are, what we want in life, and when the right time is, in overcoming the insurmountable; for the gatekeeper has the hidden key to the passageway to the Khyber Pass of our own future.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Incrementalism

Gradual decline or ascendancy is a concept which is difficult to grasp, precisely because one’s training to render judgements is based upon viewing an object or issue in its entirety.  Darwinian evolution is a paradigm based upon minute, incrementally selective alterations, imperceptible in any slice of time, but which slowly and progressively alters the genetic make-up of a species.  The question of consciousness and the Cartesian mind-body problem also involves the idea that, beyond the compilation of complexities inherent in the human brain, there is something more in existence than merely the physical in the wholeness of man.

Such concepts are also applicable in the administrative process of a Federal Disability Retirement claim submitted to the U.S. Office of Personnel Management, whether under FERS or CSRS.  For, on the one hand, the very reason why many Federal or Postal workers remain in the position at their agency is precisely because of incrementalism — in progressive decline, or in hopes of ascendancy.

Often, medical conditions are characterized by a gradual decline, increasingly debilitating, and imperceptibly deteriorating over time.  If one views one’s medical condition at the beginning of the year, then again at the end of the same year, the progression may well be noticeable; but on any given day, because of the incremental nature of the disease, one may perceive the condition as merely static.

Conversely, the hope of ascendancy — that “tomorrow brings a new day” — is likely an evolutionary paradigm built into human nature for survival benefits.  But the reality is that most people who suffer from chronic and progressively deteriorating medical conditions need to reach a period of rehabilitative rest in order to get better.

Recognition of the subtle but insidious nature of incrementalism is vital to survival.  It may be time to consider thinking about filing for Federal Disability Retirement benefits under FERS or CSRS before it is “too late”; for, while time passes in gradual ascendancy, the deterioration and decline of the human body and mind waits not for a better tomorrow.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: The Life After

At first, it begins with survival for another day; then, upon a realization that “another day” will merely bring forth a multitude of subsequent such days, the goalposts are moved to allow for several months.  Once the realization hits you that the medical condition will not merely subside or disappear, and continuation in a present mode of existence is simply not a feasible option, then the perspective as to one’s career must by necessity change.  Filing for Federal Disability Retirement benefits, whether under FERS or CSRS, finally becomes an option.

Thereafter, the goal is to outlast the waiting line at the U.S. Office of Personnel Management — to get through the First Stage of the process, and if necessary (and a denial is obtained instead of the approval at the initial stage), the second, Reconsideration Stage.  There are multiple stages beyond the administrative stages, of course, but whatever are the administrative and bureaucratic procedures which must be undergone, the goal is to get the approval letter from the U.S. Office of Personnel Management.

And what happens when that goal is achieved?

One finally recognizes that all such goals were merely intermediate in nature, and it is at that point that one realizes that, upon an approval of a Federal Disability Retirement application from the U.S. Office of Personnel Management, the true goal is to live one’s life after separation from the Federal agency — separation in an administrative sense, certainly, but more importantly, in terms of time and medical recuperation.

Health, some financial security; a peace of mind; and a time of recuperative peace; there is indeed a life after.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Heidegger, Being, Essence and Value

Heidegger represents a culmination of sorts — of a philosopher caught in the historicity of his own time and making (with allegations of collaborating with the Nazi party), while proposing a methodology of modern philosophy which embraces the issues important to modernity — essence, value, and the meaning of one’s existence.

In this society of technological adaptation, where the separation of humanity from machines, and the chasm of isolation which expands exponentially, resulting in greater incidents of psychiatric desolation; it is important to pause and reflect upon the value of the human being.

For the Federal or Postal employee who has worked tirelessly to “advance the mission of the agency”, but who now finds him/herself with a medical condition which prevents him/her from performing all of the essential elements of one’s job — how does the agency act/react?  Does it manifest compassion, empathy, and most importantly — loyalty?

In order for the conceptual paradigm of “loyalty” to have any meaning, it must be bilateral — meaning, inclusive in both directions.  But too often, loyalty is based merely on “what has he/she done for the agency today?”  The meaning of one’s existence is too closely tied to one’s work; the value of human worth is too easily discarded when one’s work is disrupted; and the truth of one’s being is too readily revealed when a medical condition intersects and interrupts one’s ability/inability to perform one’s job.

Heidegger, in the end, was probably right; the “things” we do are mere distractions to the ultimate fate of our being; but in the meantime, we must continue to strive, to live.

Federal Disability Retirement is a benefit which exists in order to continue to live.  It allows for a Federal or Postal worker to continue in another vocation, and to have that rehabilitative period to focus upon the important things in life:  of health, of value, and of family relationships.  Don’t tie yourself too closely to some faceless agency’s “mission”; the first and primary mission is the worth of the individual human being.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Fridays & Brief Cessation of Pain

It is an American tradition to look forward to Fridays — for the leisure which comes after; for the casual custom which is often invoked by corporations, both in dress codes as well as in demeanor; for the plans which are made with friends, family or with the pleasure of solitude and quietude.  But where such a tradition is violated by an insidious pall, where expectations of fun-filled activities are replaced by the need for recuperative slices of immobility and sleep, then it may be time to consider a different option in life.  

Chronic medical conditions; medical conditions which are progressively deteriorating; degenerative conditions which impact and prevent one from looking upon Fridays as the bridge to leisure, and instead is merely a temporary respite for recovery back to a functional level of capacity where one may merely operate and endure for another week — these are indicators that alternatives to the present way of surviving must be considered.  

Federal Disability Retirement from the U.S. Office of Personnel Management is a benefit which is intended to allow for the Federal or Postal employee to embrace a time of recuperation, and yet to consider the option of working at a second vocation in the future.  It may not be the “perfect” solution to all, but it is certainly preferable to the life of Fridays and beyond which merely encapsulate a dreaded sense to foreboding for the subsequent Monday.  

OPM Disability Retirement, whether under FERS or CSRS, is an option which is viable, and one which is part of the compensatory package that all Federal and Postal employees signed up for when they became Federal and Postal employees.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Working with the Medical Condition

As the 2012 – 2013 Pro-football season comes to an end, with the approach of final playoff games and the Superbowl, the controversy and issues concerning the game itself — of injuries to players; of concussions and allowing for types of plays which have a high percentage of probability for injuries; of RGIII of the Washington Redskins being allowed to play despite clearly being injured; and of the culture of football which idolizes players who can endure pain — these will continue to be debated and discussed, and peripheral corrections and adjustments to the game itself appear to be an inevitability.

The counter to much of this debate has been twofold:  first, that those who play the game do so knowingly, and therefore cannot complain about the potential risks and hazards of the game itself, and second, that because the players are well-compensated, they therefore do not have a right to object to the inherent dangers of the game.

For the Federal or Postal worker who has been working for many years in his or her job, and who is suffering from a medical condition, the entire controversy surrounding football players may be a distant and foreign concept.  For the Federal or Postal employee, enduring the medical condition in order to continue to work and to make a viable living is merely a daily necessity.

There comes a point, however, where the medical condition can no longer be tolerated, and where filing for Federal Disability Retirement benefits becomes an option which must be considered.  Football is a well-compensated game; life in other sectors, like Federal and Postal workers who have worked diligently to pursue a career, engulfs a lifetime of commitment.

Working through pain is nothing new for the Federal or Postal worker.  That occurs daily, all across the U.S.  In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, watching football on television is merely a pastime, and such controversies seem like a distraction to those who know, firsthand, what it means to endure a medical condition on a daily basis.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Medical Disability Retirement: The Leisure of a Painless Life

For Federal and Postal employees suffering from a chronic medical condition which impacts one or more of the essential elements of one’s job, the times of “leisure” have little or no meaning.

Leisure implies the ability to enjoy a world apart from the everyday world of work and worry; it is a short respite from the treadmill of life, obligations and duties, which we all have.  The “Holidays” are also such a period; a time to set aside in order to attend to those meaningful compartments of personal relationships, family ties, and friendships once formed, lessened over time, and fractured through life’s daily struggles.

For the Federal or Postal employee who suffers from a medical condition, whether physical, psychiatric, emotional — or a combination of a compendium of all three — “leisure” is a foreign concept precisely because the escape into a surreal world of pausing the anxieties of the universe cannot ever be achieved.  Such a point in life indicates the necessity of considering Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, precisely because the escape-hatch is a human need.

The deterioration and progressive pounding of a medical condition which impacts the Federal or Postal employee’s ability to perform all of the essential elements of one’s job, is a red-light indicator.  Listen to it; as leisure is a world of solace, so the medical condition is a voice which shouts for a change.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Vacations

Vacations are a necessary part of the modern world; the stress of work, the burn-out factor, the recognition that the constant treadmill of daily toil, all serve to tear down and destroy the motivational underpinnings of every worker.  It is a temporary respite; a time of rejuvenation and, hopefully, more than merely an opportunity to complete chores which otherwise are left undone.  It is also a time of reflection and assessment.

For those preparing, formulating, and contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, vacations often merely illustrate the intractable nature of one’s medical condition, and the absolute necessity to change one’s course in life.  The chronic nature of a medical condition, by its nature of progressively deteriorating one’s body or mind, reveals itself when a vacation is taken:  the shortness of the time period of the vacation serves to emphasize the seriousness of the medical condition; the medical condition itself manifests the fact that a week, a couple of weeks, or even a month, are not long enough to contend with the progressively deteriorating nature of the disability or chronic condition.

Time for reflection allows a person to face the reality of an impending occurrence.  That is often a good thing.  One of the criteria which must be met in a Federal Disability Retirement application is that the medical condition must last for a minimum of 12 months.  One does not have to wait for the 12 months; one does not have to be unemployed or on LWOP for 12 months.  Rather, the prognosis for the medical condition is such that the condition must prevent one from being able to perform one or more of the essential elements of one’s job for a minimum of 12 months.

On a vacation, the Federal or Postal employee will often recognize that time is short.  Reflection is a positive thing; necessary changes, upon reflection, often become exposed, and it is often a time when the coalescence of three factors comes about:  thought, words, then action.  It is the latter of the three which determines the course of a positive future.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Pushing the Reset Button

Preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, is like the proverbial phrase of pushing the “reset” button.  While the phrase is overused and in many ways has lost its useful meaning, the conceptual underpinning implies that it allows for a fresh start.

The decision itself is often the largest hurdle to overcome; once made, it allows for a goal-oriented outlook on a different course of action, and often compels the Federal or Postal worker to manage one’s “life-affairs” with greater determination and incentive, perhaps because one is provided with another proverbial gift:  the “light at the end of the tunnel”.  For, the darkness which pervades is often characterized by the morass of daily pain, the chronicity of the pain, the endless and incessant meaninglessness — of the vicious cycle of coming to work only to survive; then to go home only to recuperate in order to turn right around and go into work for another day of survival; and, often, to an agency which eyes the Federal or Postal worker with suspicion and with little or no loyalty, compassion or sympathy.

Federal Disability Retirement is meant as a mechanism for recuperation from one’s medical condition — a medical condition which prevents one from performing one or more of the essential elements of one’s particular kind of job, but which will allow for future work in another vocation.  It is the ultimate “reset button” — to allow for the beginning towards a different tomorrow.

Sincerely,

Robert R. McGill, Esquire