Medical Disability Retirement under FERS: Where We Are

Ships moored at any dock must by necessity face three questions: Where they are; What their next destination is; Why they are there and why they are going to their next destination point.

Life in general is like that — that indefatigable question always on the tip of a child’s tongue: The “where” question, which also always contains the subtext of the “why” question.  Ever been on a car trip with a young child?  How much longer; where are we; why is…?  As adults, we become too engrossed in the busy-ness of our daily lives, and abandon the curiosity we once had.  Exhausted, often feeling defeated, we are too tired to even care about where we are, let alone how we got there.

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 job, the question of where we are may suddenly take on a prominence heretofore abandoned.  Where we are — in terms of one’s ability to continue in the chosen career; in terms of one’s medical condition and its impact upon one’s essential job duties.

Contact a retirement lawyer who specializes in Federal Disability Retirement Law and consider the options available when prompted by the question, Where are we? — so that you can affirmatively know where we are.

Sincerely,

Robert R. McGill, Lawyer

 

OPM Medical Retirement for Federal Employees: Life Goes On

Americans make of politics the same as everything else we do: It becomes a passion with a responsiveness tantamount to life and death.  We do it in almost all else, as well, as in sports — if our team doesn’t win, it is as if the world has come to an end.

We do it in marriage — we put on a great show at tremendous expense to announce that it is an event which will last forever.  We do it in religion — where every denomination and every pokey-little church has a corner of truth in interpreting “the doctrine”.  We do it in Supreme Court nominations, who our Congressman or Senator will be, and in every other sector of life.  We act as if the world will come to an end — like Y2K, Climate Change and the Presidential Election.

But Life Goes On.

The “day after”, everyone else has to move on and make a living and deal with life, no matter who won, what occurred or which side prevailed.  And 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, dealing with the U.S. Office of Personnel Management is still a reality which must be faced.

So, recognize your priorities in life and realize that whatever happens, you will still need to consult with an OPM Disability Attorney who specializes in Federal Disability Retirement, because no matter what, life goes on.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Workers: Believing in something

It is difficult, these days, to do so.  One can, by rote of habit, engage in the taciturn void of Gregorian chants, of hardened wood to kneel upon in prayerful silence where altar boys were muffled in horror in backrooms somewhere behind the hidden conscience of priests who, holy though they appeared, were but men of fleshly wants; or of giving when the televangelist prayed for miracles and allowed the camera angle to capture the piety of a winking heart.

Modernity defies believing in something.  We scoff at piety because we learned long ago that priests in dark robes were merely cloaked in outward appearances while engaging in acts of desecration behind closed doors, and gurus who rode around in expensive cars while preaching the gospel of meditative calm possessed devious thoughts untold behind craggy beards and beady eyes; and so we have lost the capacity for believing in something, anything, and let our children roam the streets of nihilism, sensual extortions of human bondage and the virtual reality of video consoles, only to be disappointed when they find emptiness in their lives reflective of an endless chasm of dreamless nights.

Once upon a time, Johnny believed in things; and then the marching band stopped when wars became endless, where speeches no longer carried the weight of conscience and greed seemed rampant in the daily lives of believers and beggars alike.  A priest once told this writer that he wished that the Church would sell all of its assets and go back to being the mendicant preachers we once were; but that was years ago, and not much has changed.

For most of us, we continue to cling to the thin reed of possibility; for the rest of us, we must contend with the reality of life’s trials: of work; family; health and friendships; and perhaps the belief in a tomorrow yet to be fulfilled with promised days of warm memories.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition has begun to prevent one’s ability and capacity to perform one or more of the essential elements of one’s Federal or Postal job, believing in something is a foundation for the next steps to take: Of a Statute in Federal Disability Retirement Law that sets forth a criteria to be met, and then to set about proving that one has met them.

Often, believing in something is nothing more than acting upon a need and setting about fulfilling that need; and for Federal and Postal employees who need to file for a FERS Disability Retirement, consulting with an attorney who specializes in Federal Disability Retirement Law is the first step towards believing in something that you have a right to believe in.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Information: The mysterious spark

One may never be able to pinpoint the precise time of day, the hour or minute that it occurred; but at some point, it developed, matured and became a certainty.  It is that mysterious spark or connection that occurs in every relationship, whether between members of the same species, or even of other ones; of that mysterious spark that elevates a relational connection to one not merely encompassing casual friendship, but of a special, unique and singular symbiosis that becomes identified as mysterious and unexplainable.

It is characterized by a “look” between the two, shared by no one else, allowed entry by exclusive invitation only and zealously guarded by the two who share it.  It is that special spark, the glint in the eye, the knowing stare and the longing look; and it can be shared by two young lovers, a couple of old codgers or with a cat or a dog, and maybe some other species besides.  It is by the shared joke, the exclusive laugh, the hinted metaphor and the crazed reaction; but of whatever the elements that make it up, the two who share it know when it happens, that it exists and that the mysterious spark remains unless violated by one or the other by committing some act of treachery or deceit that breaks the silent code of friendship and fidelity.

Can such a mysterious spark exist between a person and an inanimate object — or an event, a career or even a place?  Perhaps.  Think about the career one has embraced — where, once you awoke with a spring in your step, an anticipation of joy and even of rushing to get there just to immerse yourself in the day’s project, the afternoon’s conference, and even looked forward to the often-wasteful time spent in “coordinating” with coworkers and others.  And then — something happened.  The energy is drained; the joy is depleted; the profound fatigue sets in.  A medical condition can certainly do that to a person.

For Federal employees and U.S. Postal workers who have lost that mysterious spark that once pervaded each morning as one prepared to go to work, it may be time to consider preparing, formulating and filing an effective 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.  If the medical condition is preventing the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, you likely meet the legal criteria for becoming eligible to receive a Federal Disability Retirement annuity.

For, in the end, the mysterious spark that formed the relationship of special significance between any two entities — including the one between a Federal or Postal employee and his or her job and career — was always based upon a presupposition that necessitated a contingent agreement involving a silent understanding: the continuation of one’s health.  And, when once that becomes damaged or destroyed, the mysterious spark is replaced with the ugly reality that the quality of life depends upon the health of an individual.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: “I would rather. . .”

The ellipses that follows is from the Ancient Greek that denotes “omission” or “that something which follows which is left blank”, and allows for wandering thoughts and meandering reflections to complete the lack.  What is the range of an acceptable addendum?  Does it matter what the prefatory statement allows for, and does the logic of its completion depend upon the spectrum of grammatical technicalities that confine and maintain boundaries of meaningful discourse?

For example, what if a person was asked to complete the incomplete sentence, and the response is:  “I would rather [red, blue, pink and all of the flowers in the universe].”  Would we say to the person, “Wait a minute, I asked you to complete the thought and you have provided me with gibberish.”?  And he/she comes back with:  “That’s how I would finish the sentence, because that’s how I feel.”   Would that be allowable?  Or, should the rules of grammar confine and restrict, so that the formality of completion should reflect a coherence that is expected and anticipated, such as, “I would rather [be at the beach than going into work today]”?

In the insular universe of private thoughts, of course, we can add whatever fanciful thoughts that infringe upon the uncertainty of our subconscious minds; but when the breach between private/public dichotomy occurs, suddenly we are thrown into an arena that restricts and confines, and compels us to follow the rules of conversational efficiency, including grammatical rules, traditional sense of coherence, logical consistency and meaningful conceptual constructs.  Exiting the arena of private thoughts right into the concentric complexities of the public world alters the rules of engagement.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact, prevent and block the Federal or Postal employee from performing all of the essential elements of the Federal or Postal job, the critical point of departure — from breaching that dichotomy between the insular world of the “private” and stepping over into the “public” — begins when first there is an admission that a “problem” exists.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted ultimately to the U.S. Office of Personnel Management, is likened to completing the fanciful thought that begins with, “I would rather…”.  The replacement of the ellipses can have many forms, restricted and delimited by grammatical constrictions and  restrictive contexts, but no Federal or Postal employee who begins the process ends such a sentence with, “I would rather … [be on disability retirement than be healthy and continue to remain in my chosen career].

Those who believe that there is a scintilla of coherence or meaningfulness in such a sentence do not know Federal and Postal employees.  Instead, it is a choice resulting from limited options, but sometime the best one available, as filing for an OPM Disability Retirement may be the only alternative where other such contingencies have already been exhausted.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Fate and fatalism

When people talk about “fate”, they must mean something more than what they actually state in an explanation.  People often misspeak, of course, or explain with justification without much thought put into the narrative given.  So, when a person says, for example, that “X happened,” and when asked why, the response is often, “Oh, it was just fate.  It was meant to be.”  What can that possibly mean?

To say that X occurred because it was “fated”, or was “meant to be”, is no different than to say that an apple is a fruit because it’s not an orange; it is a mere tautology that appears to give an explanation for the occurrence or justification for its designated category of identification, but provides no greater insight after the delineated discourse than before.

So, people must mean something else – perhaps (and this is pure conjecture and attempting to attribute kindness to an otherwise empty explanation) what is meant is that there is a Greater Being who intended and planned it; that, life in general retains a purposive direction, or that an underlying teleological undercurrent maintains a semblance of significance and relevance.

On the other hand, most people who talk about “fate”, when queried further, don’t quite believe in its cousin – fatalism.  The latter is the doctrine that things are bound by a predetermined sequence, however it may be fashioned, and one is unable to change the course of history.

We all like to believe that we have some “say so” in the process of our lives – that free will exists (even if one believes in the contradictory notion of an omniscient being who is omnipotent, as well) and that our choice in the matter makes some sort of a difference.  Such a notion, we often believe, makes a difference; otherwise, why even try?

Thus, people who believe in “fate” can be said to be “positive” looking, in that events that have occurred were as a result of “fate” in the sense that it turned out that way because it was meant to be so, without getting caught up in the negativism of “fatalism”, which more denotes a sense of helplessness and inability to have any say-so in one’s future.

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, the key in preparing an effective Federal Disability Retirement application is likened to believing in “fate”, but refrain from falling into the trap of fatalism.

You do have a choice in the matter; how you formulate the Federal Disability Retirement application does make a difference; and while you may not have much control over your medical conditions, the choices you make in preparing an effective Federal Disability Retirement application will have some relevance and significance for your future, so long as you approach it as fated, without a sense of fatalism.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Distractions

They are the projects of life of which Heidegger recognizes, allowing for avoiding the inevitabilities of life’s challenges; of fate, mortality, future insecurity, and death.  What quantifiable slice of one’s life is governed by distractions?  Must it always be less than 50% in order to remain so, and if it exceeds that halfway point, does it then become something substantive and not merely the peripheral meaning of what it means to “be distracted”?  If a distraction is considered to be an aside – that which waylays a person’s attention by focusing upon a central project of life’s endeavor – what then defines an inversion of that perspective?

Take, for example, the following:  A mechanical engineer is working on a technical project that consumes one’s focus, concentration and attention to detail, but has a unique and eccentric ophthalmological condition, whereby the eyes are compelled to follow any and all red objects that pass by.

Now, the company has attempted to accommodate the medical condition by requesting that no employee shall enter into the mechanical workshop wearing red, but on this particular day, some investors are visiting, and a man in the troop of intruders is wearing a red tie, and a woman in the entourage is sporting a red sweater.  They go from bench station to the next cubicle, within the purview and arc of dimensional periphery of the eccentric man’s attention, and with each movement, every sidelong blur, his eyes are “distracted” by the red moving objects.

Out of every minute of work, fully 45 seconds are spent on focusing upon the red objects that detract from the necessary mental acuity attending to the project at hand, and indeed, while they are far enough away such that from an objective viewpoint, the objects are mere inches in proportion and are of a distance as to almost be unnoticeable to others in the group of engineers, for the eccentric mechanical engineer, it is the focal point of his attentions.

The distraction is such that it disrupts the sequence of testing conditions and interrupts the validity of the technical precision required, and a coworker finally declares, “You’ve been too distracted and the project has to be scrapped.”  Would we agree that, because of the numerical disproportionality of concentration attributable, “red-object observation” takes precedence as the primary project, and it is the engineering project that is the distraction?  Or, because it is a medical condition of which he “cannot help it”, do we excuse the distraction in its entirety?

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 positional duties, the central point made here is precisely how the Federal agency and the Postal facility views the issues significant in a Federal Disability Retirement application.

Federal Agencies and the U.S. Postal Service possess a myopic view of “work”, and even if the Federal or Postal employee is able to continue making valuable contributions to the workplace, they often see the differentiation between “work” and “distractions” as one quantifiable by time alone.  This is too bad, but a reality that must be faced.  For, medical conditions are not mere distractions; they are life’s interludes that can often be faced and overcome, if only outmoded ideas about what constitutes workplace contributions are set aside, and realize that even distractions delaying the central mission of a Federal agency or Postal facility are not the most important, or even of much significance, when it comes to the worth and value of a human life.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Disability Retirement: Judgment

How does it develop?  Does youth necessarily, by definition, undermine the existence of it, and if so, why does such a “rule” become obviated by the old fool who rests his arms (and other elements of the anatomy) upon the shoulders of one who could be one’s grandchild, only not by birth?

Is life not linear, but circular, and thus do we all revert back to childish ways when old age and decrepit bodies reveal the sanctity of our fragile mortality?  When Darwinism prevailed upon the civilization of discontent, did we not recognize that ultimate reductionism to pure materialism would trickle down into a singular desire to discover the fountain of youth?

It is involved in both the process as well as the conclusion; to have good judgment is to necessarily engage in a careful weighing of all information, consider opinions and analyze relevant data, dividing significance from irrelevancies.  To make a judgment, or arrive at one, does not necessarily involve the former; one can have good judgment, yet make a bad one; but, then, retrospective evaluations would define the latter in light of the former, and vice versa.  How can quality of judgment mature without direct and consequential experience?

If a young driver, on the first day after obtaining a license, comes upon a primary roadway accessible from a side road, where cars are traveling at the maximum speed limit in both directions, including trucks and commuters rushing to meet deadlines and timelines; where, the new driver must traverse across one lane in order to make a left turn – what experience does he have to judge distance, timing, suppression of fear and capacity for quickness of movement?

Or, in either love or war, what is the foundation in which to act, or recognize the difference between hormonal ravages and meeting the lifeline of a soul mate destined for longevity; and in the trenches of the latter, to fire at the moving target that may not be a threat, but a child needing to rush to the facilities in the far-off village where rumors of enemies lurk?

What constitutes the finality of conclusions as to who possesses “good” judgment, as opposed to “bad”?  Wisdom, experience, analytical capacity and evaluative abilities – which came first, the chicken or the egg?

For Federal employees and U.S. Postal workers who need to make a judgment on one’s career, future, and decisions about timing, filing for Federal Disability Retirement benefits is an area where judgment becomes crucial.  There are many legal pitfalls and obstacles throughout the administrative process, and the U.S. Office of Personnel Management is a behemoth of an agency that can try one’s patience and defeat one’s purposive goals.

Lack of judgment is no crime, and not even a sin; but where such lack leads one to blindly enter into the arena of land mines, failing to consider legal representation is tantamount to the young driver who, in frustration of waiting at the busy intersection, closes his eyes and puts his foot on the gas pedal, hoping for a foolish act to defy the gods of fate, when all that was needed was for judgment to seek the advice and counsel of one wiser from years and experience.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Graven Images and Craven Homages

One concerns religious restrictions; the other, human tendencies emanating from deeply rooted psychological fears.  Both constitute acts which reflect a trepidation of purpose, and an anthropological study of human frailty.  The Commandment against graven images protects one to respect the sanctity of a singular teleological focus; homage by craven impulse, on the other hand, reveals the continuing connection to an enslaved state of mind, albeit one which may merely be emotionally binding and unfettered by physical force or threat of force.

Both make us pause; and question:  Do we continue to do this out of fear, and fear of what?  How much of human action — or inaction — is engaged in because of fear; fear of the unknown future; timidity of change; cowardly hesitation because change from the status quo may force one to alter the comforting monotony of daily routines.  Explicit adherence and unwavering allegiance to dictates of religious imperatives have conceptual distinctions to be recognized from mere secular responses growing out of a primordial foundation of fear; but still the question becomes, How does one define an image, and what are the borders which constrain that which is offensive?

Medical conditions tend to startle us from the quietude of daily repetition in life.  We tend to become even more religious in our adherence to routine, when the comfort of monotony is preferable to the conundrum of disarray.  But how much homage must one pay to one’s agency, or the U.S. Postal Service, before one’s soul has been desecrated by a blind fealty to the master of one’s employment destiny, where we begin to violate the commandment against graven images?

Medical conditions deplete and debilitate; in such a weakened state, we become even more vulnerable to the power of the agency and the harassing vitriol spewed by the U.S. Postal Service managers and supervisors.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management allows for a separation from the vestiges of foregone fealties.  It is a termination from the consoling state of known quantities; but one which may ultimately have to be done in order to save one’s soul.  So long as one remains in the state of enslaved vulnerability, of being turned and twisted by one’s agency or the U.S. Postal Service, there is always the serious concern of the exacerbation of one’s condition, either because of the stress or hostility of complicating one’s medical conditions.

Federal Disability Retirement may not be the be-all and end-all solution for all Federal or Postal employees, whether you are under FERS, CSRS or CSRS Offset; but it is a step towards cutting the ties which bind, and which force us to pay craven homage or maintain graven images for fealty to a juggernaut which neither cares nor, in the end, consoles our souls.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: Present Perfect Future Tense

Acting in the present to secure your future with OPM Disability Retirement

Grammar is something we simply survive; it is rarely a career choice, and even less likely anything but a distant memory of distasteful dissonance. But the ability to convey thoughts and conceptual constructs remains a necessity throughout one’s life; and when a present circumstance calls for it, the capacity to plan for the future, while imperfect in any endeavor, must by dictates of life be embraced, in whatever tense of timeless warp by which we discover ourselves.

Grammar is a process; it is not the substance of that which we speak; rather, it is the vehicle, the procedural mechanism, and the artifice of conceptual constructs through which language is conveyed.  And thus do we faintly remember participles and pronouns, and tenses consistent between subject and object; but it is always and throughout the underlying substantive issues which we are attempting to address.

For Federal employees and Postal workers who find the present tense beset with future imperfection because of a medical condition which impacts one’s ability to perform the essential elements of one’s Federal or Postal position, it is important to be able to think in terms of the present tense, while planning for the perfect future tense.

Perfection does not arrive by accident; it is a goal to achieve based upon present placement of foundational groundwork, imperfectly laid and lacking in coherence in any given slice of time; but it is the process of working towards a betterment for the future, through present toil, that the perfect future tense is achieved.  Present imperfection does not portend of loss of future perfection; and though the perfect future tense may exist only in the warped minds of grammarians, it is the process of attempting to attain that goal which secures the future.

Thus, for Federal and Postal employees who can no longer perform all of the essential elements of one’s positional duties in the Federal government, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, planning for the future in an imperfect present world must include preparing, formulating and filing for OPM Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

That system of annuity, while less than perfect, is a Federal benefit which allows for the injured Federal or Postal Worker, or one who suffers from a medical condition such that the medical condition prevents him or her from performing all of the essential elements of one’s job, to receive an OPM disability annuity in order to secure one’s future, and to attain a level of rehabilitative existence in order to consider a second vocation for the future.

One’s present circumstances may never be a pinnacle of perfection; but it is the future tense of one’s present conceptual framework which you must always work towards; and while the present perfect future tense may exist only in the ephemeral universe of distant grammatical forms, the reality of the world should always motivate us to work towards the consonance between the present circumstances, and the future tense of who we are.

Sincerely,

Robert R. McGill, Esquire