FERS Employees Disability Retirement System: Isolation

Isolation is not accurately reflected by the image of an individual stranded on an island; rather, in modernity, isolation is the real-life situation of a person who is fully connected on Social Media, is surrounded by crowds of people, is seemingly engaged with others — and yet remains in isolation.

That is the conundrum of modernity, is it not?  Greater “busy-ness” in the social arena = a wider sense of isolation.  Activity is not the same as productivity; having less time does not result in greater wealth; and working harder doesn’t mean that you are any closer to the goals which have been set.  Somehow, pushing buttons on an electronic keyboard or on scratch-resistant glass is not quite the same as the touch of a human hand.

Medical conditions only magnify and intensify one’s sense of isolation, precisely because the medical condition itself makes one feel that one’s own body is a pariah in a universe of contentious forces.

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 growing sense of isolation felt is often part of the problem — the “pariah” effect, where others tend to see you as the wounded prey who must be abandoned in order to save themselves.

Consult with an OPM Disability Attorney who specializes in FERS Disability Retirement Law, and consider whether the growing isolation felt will allow you to continue in your Federal career, or whether it is time to leave the isolation behind and find an endeavor where your talents will be better appreciated.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Unexpected

It can be exciting, yet disconcerting; a pleasant surprise, but moreover an unwelcome event; and perhaps even a pleasurable moment but with an uncomfortable edge.

We live by routines but thrive through tumults.  The “unexpected” is what jolts us out of the doldrums of daily repetitiveness, and is sometimes that which is needed in order to bring us out of the complacency of comfort and monotony.  Some thrive on it so much that they seek the adrenaline that accompanies, and attempt to make it as the mainstay of life — like the high of addicts which is constantly needed in greater doses in order to return to the baseline of euphoric feeling itself.

Some forms of the unexpected are unwanted; others, tolerable and endurable; and still others, perhaps gleefully embraced with open arms.  Much of the unexpected, or course, was fully expected; it is just that procrastination and disregard allowed it to remain out of our consciousness for a time such that, when the unexpected finally arrived, we forgot that it was to be expected but wanted it not to be so.

Isn’t old age expected?  Aren’t the chances of an automobile accident to be expected if you commute 100+ miles every day?  And aren’t medical conditions to be expected over a lifetime of stressful living?

For Federal employees and U.S. Postal workers who encounter the unexpected — a medical condition — which begins to impact you in an unexpected way — of preventing you from performing one or more of the essential elements of your Federal or Postal job — it may be time to consider the unexpected: Of preparing, formulating and filing an effective Federal Disability Retirement application under FERS.

Consult with an attorney who specializes in Federal Disability Retirement Law, lest the unexpected bureaucratic complexities involved in filing a Federal Disability Retirement application with OPM should further complicate the unexpected, and so that the unexpected can be exposed to reveal the greater expectations of a future yet unexpected.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Case Development

Are all cases at the same stage of the process?  Isn’t this the same question as: Are all people at the parallel stage of maturity?

As life reflects reality in varying aspects of their sliced proportions, so every case is not at the same stage of the process.  Many Federal employees and U.S. Postal workers find themselves at a critical juncture in their careers, where filing for Federal Disability Retirement benefits has become a necessity and a step which can no longer be delayed.

Is every case ready for filing?  Likely not.  Should every case be filed, ready or not?  Only if the Statute of Limitations looms and necessitates it.  Is there anything nefarious in “developing” a case?  No.  However, there can be a slight distinction, subtle as it may be, in engaging a trail of medical documentation expressly for the singular purpose of establishing a Federal Disability Retirement claim, as opposed to doing it in order to seek medical attention.

Taking care of one’s medical condition, going to doctor’s appointments and establishing a consistency of compliance with a treatment regimen — these should all, first and foremost, be engaged in with the primary purpose of obtaining the proper medical care.

From that consistency of care, case development will follow; and for Federal and Postal employees seeking to obtain Federal Disability Retirement benefits through the U.S. Office of Personnel Management under FERS, the proper time for filing an effective Federal Disability Retirement application will come naturally as the case develops, which often needs the guidance and counsel of a FERS attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Spam

If you remember eating it as a kid, it “dates” you — for, who in this day and age eats something that is singularly unhealthy, contains high levels of fats, calories and sodium, as well as unnamed preservatives?  On the other hand, the younger generation doesn’t blink an eye, and instead sees the word as a forgotten acronym for “junk email”, or otherwise known as “unsolicited commercial email”.

Are the two related?  Can there be a coincidence between a word which has two meanings or more, but contains some similarities and parallels?

Spam as a commercial yummy — oh, but of those memories when the can is first opened, of using that metal “key” where you insert the “thingie” and roll back the metal strip; and upon opening the can, the thick fat that surrounds in globs of hibernating hews of highlights hidden amidst the green shadows of delectable delights.  Spam as unsolicited commercial email — oh, but how that folder fills up so quickly, and yet do we nevertheless obsessively check each one “just in case” it was mistakenly misidentified and sent to the wrong folder?

For Federal employees and U.S. Postal workers who cross over generational lines — of whether you remember the word as the delectable blob of pork making its popularity entrance sometime after WWII, or of the “new” generation who makes the connection to unsolicited commercial emails — if a medical condition begins to prevent you from performing one or more of the essential elements of your job, you may want to consider filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management.

Spam is a reality of life; medical conditions, too, occur and become an unavoidable reality; and whether of either reality that uninvitedly intrudes upon your life, it the next step beyond that a person takes which is the important moment of actionable directions.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Certainty of Defeat

There is nothing more demoralizing than to “know” the certainty of defeat.  But that is the crux of the matter, isn’t it?  How does one “know”?  Certainly, one can balance the odds for and against; to take into account the factors which determine a statistical chance of success or failure; but does one ever have “certainty” in anything, or is it often merely a perspective of the glass being half full, or half empty?

Where the odds are overwhelming and objectively insurmountable: a 100-to-1 advantage that the opposing force has; a predetermined outcome that cannot be reversed; in such circumstances, then, what hope is there?  For, the only counterbalance to “certainty” is the glimmer of hope for some unforeseen “X-factor” that somehow saves the day.  On the other hand, it is the determination of “certainty” which extinguishes any flicker or flame of 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 employee from performing one or more of the essential elements of one’s Federal or Postal job, there is often the sense of an inevitability — a “certainty of defeat” — where the medical condition reveals a progressive march towards greater deterioration.

The counterbalance of hope is in the benefit of Federal Disability Retirement.  Yet, even that benefit — of a Federal Disability Retirement annuity — is not a certainty; it is, instead, a benefit which must be fought for.  The Agency which oversees the approvals and denials of a Federal Disability Retirement application — the U.S. Office of Personnel Management — does everything to try and find reasons to deny, deny, deny.

Does this mean that every application will face the certainty of defeat?  No — but it must be carefully prepared and effectively pursued.  To provide the greater counterbalance against the certainty of defeat, consult with an attorney who specializes in Federal Disability Retirement; for, as hope is the countermeasure to the certainty of defeat, so the lawyer is the one who can provide an objective perspective as to the potentiality for success.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: This upside down world

How many whistleblowers would do it all over again?  How many regrets does it take to screw in a lightbulb?  The answer: Few as to the first question, and at least a dozen in response to the second.  For, as to the second query, while one person engages in the mechanical act of lighting up the room, it takes all of the others to fail to assuage the regrets of a person who has tried to do the rights thing, and has lived to suffer the consequences.

We grow up being taught all sorts of empty adages — how “truth reveals all”, or that “justice prevails in the end”; and though the old hero of simplicity has now been replaced by more “complex” characters of mixed good/bad/neutral, still the naïveté of childhood upbringings tend to haunt beyond the loss of innocence delayed.

This is an upside down world where the clear-cut demarcations that once were inviolable have now become obscured, and where leaders can argue with a straight face any and all positions, whether self-contradictory, hypocritical or just plain nonsense, and can get away with it without any regrets or loss of sleep.  Perhaps it has always been like that and we just didn’t realize it.  The wealthy have always been able to get away with more; the powerful, without much consequences; and when the combination of wealth and power become aggregated, there is little to impose any checks and balances that might have tempered the onslaught of injustice.

For the Federal employee and the U.S. Postal worker who suffers from a medical condition, where the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the fact that we live in an upside down world becomes exponentially the case because of the medical condition itself.

Progressive deterioration and chronic debilitation are often the rule of a medical condition, and just to survive another day without pain, without emotional or mental anguish — these are the hallmarks of needing to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

The world is about as topsy-turvy as it can get; but when the private world of one’s health begins to deteriorate, that upside down world becomes a tumultuous maze of a conundrum wrapped within an insanity that cannot be escaped from, and that is when you know that preparing, formulating and filing an effective Federal Disability Retirement application becomes a necessity in a universe that requires some wisdom, and turning to the advice of an attorney who specializes in Federal Disability Retirement is often the first step in providing a balanced perspective within this upside down world.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Wants and needs

One often encounters such discussions, about the difference between “wants” and “needs”.  Needs are dictated by a loose definition of survival or existence — that which is required by or necessitated of the things which satisfy the criteria for continued existence or maintaining of a given modality of the status quo.  The other — “wants” — are defined as those “extras” that are not required for existence, but go beyond the prerequisite for survival and add to the comfort and meaningfulness of one’s very existence and survival.

There is always a grey area between the two when one engages anyone in a discussion involving the two — and it often depends upon the paradigm and perspective one takes, which leads to conclusions not only about the subject concerning wants and needs, but also about one’s own character, upbringing and attitude towards life in general.

Take the perspective of a member of the British Royal Family, for example — of a person who knows of existence entirely from the perspective of wealth, privilege and undiminished wants and needs.  Such a person will often have a widely differing view of the distinction between the two, in contradistinction to a person born in the ghettos of an inner city, whether here in the United States or of more underdeveloped countries elsewhere.

Can one who has never lacked for needs, or even of wants, recognize the objective criteria that determines the differences between the two?  In other words, can the poor person even have a logical discussion with a wealthy person by pointing out that food is an example of “need”, as opposed to a Ferrari being merely a “want”?  Or, will the member of the Royal Family retort with, “Well, yes, I can see how cheap caviar of a subpar quality could be a need as opposed to wanting a Rolls Royce.”

Such a response, of course, tells one immediately that there will be a difficult road ahead in attempting the bridge the gap between understanding, comprehension and the art of logic and discussion.  What we want, we often do not need; and what we need, we merely want for want of sufficiency.

For Federal employees and U.S. Postal workers who want to continue their careers despite a medical condition that prevents the Federal or Postal worker from performing all of the essential elements of one’s Federal or Postal job, preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, will often cross the threshold between wants and needs.

You may want to extend your career, but need to end it because of your medical condition.  Your agency may want to be compassionate, but may need to follow directives from above.  You may want to remain, but need to depart.  The conflict between wants and needs is one of life’s ongoing clashes between the two, and preparing, formulating and filing an effective Federal Disability Retirement application, to be filed through OPM, may need to be initiated in order to satisfy the ultimate need of one’s existence: The need to want to look after one’s health.

Sincerely,

Robert R. McGill, Esquire