Lawyer Representation Federal Disability Retirement: Biding time

Inmates in correctional facilities do it; criminals in wait; patients in doctor’s offices who have been informed that there will be a short delay because of an emergency procedure that the physician had to attend to; and most of us in general who live life anticipating disasters, tomorrow’s unfortunate events or the next day’s calamity to come.

We all bide our time in living our lives, and it is the time of biding that is wasted away until, near our deathbed, the expected outcome of disaster never came, the calamity never developed and the corrosion of life never materialized.  It is one thing to wait on another person; another altogether to engage in the patient virtue of sitting motionless or passing the time away in anticipation of something beyond; it is quite another, and perhaps unique, that human beings actually actively engage in the activity of “biding time” in order to start a process.

Vengeance often takes biding of time; planning for a future definitely requires biding time; and old men and women in nursing homes have nothing better to do than to bide one’s time.  To live life biding time, even at the horizon of one’s twilight in elder states of despair, is no way to exist.

For Federal employees and U.S. Postal workers who are beginning the process of, have already begun the procedural steps to, or otherwise are in the middle of the administrative process of preparing, formulating or filing a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the key to “biding time” during this complex administrative process is to have “a plan”.

It is a long, arduous, difficult and time-consuming process.  Even after it is successfully filed, the time waiting upon a decision just at the First Stage of the administrative process can now take a very, very long time, and how one plans to bide one’s time during this long process is something one needs to consider.

Will you remain on LWOP during this time?  Will you resign, get terminated, and will you work at a private-sector job while waiting for OPM’s decision?  Will temporary loss of health insurance be a consideration?  If it is denied at the Initial Stage of the Federal Disability Retirement process, will that mean that you can endure the lengthy second Stage, the Reconsideration Stage?  And if you have to go and have a Telephonic Hearing before an Administrative Judge at the U.S. Merit Systems Protection Board, which will take a minimum of 120 days beyond, will that still be within the plan of attack in biding time?

Hopefully, one’s Federal Disability Retirement filing with OPM will go smoothly; but in the event that all of the proverbial bumps on the road are encountered in your particular journey, it is important to consider the extent of biding time during the process.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Happy Meter

We have metrics for everything, now; devices simultaneously wearable as necklaces to gauge heart rates and exercising of limbs; of crystals which tell of emotive alterations throughout the day; and connective apparatus lest we lose a signal within the vast field of human interactions with the greater world in distant horizons.

Then, why not a “happy meter”?  How would it determine the accuracy within a spectrum of a day’s journey?  Would it be based upon a pinnacle on a graph? Or, perhaps it would calculate the average temperature between qualitative quotients of sad, neutral and ecstatic?  Or, maybe it would provide a needle prick, or a gentle nudge with a vibrating sensation or a humming sound which reminds us that we are now in the state we seek, of a joyous moment within the historicity of our own emotions.

But would it work, and would a happy meter merely gauge our state of being, or fulfill a self-fulfilling prophecy of self-aggrandizing need for knowledge reflective of foolish accounts as seen by other cultures and societies?  For the most part, any quantification of self-satisfaction would still require the affirmative input of the subject being studied.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition prevents the Federal or Postal worker from performing all of the essential elements of one’s positional duties with the Federal government or the U.S. Postal Service, the idea of gauging happiness as the sole criteria for seeking Federal Disability Retirement benefits is merely to identify one criteria among many.

For, in the end, “happiness” is just a byproduct resulting from multiple other factors, including a future sense of security; an idea of where one fits within the larger schematic plans of the Federal agency or the U.S. Postal Service; where one’s career path will go if the Federal or Postal employee attempts to remain in the job and the agency which cannot be completely fulfilled; whether a viable “accommodation” can be provided to allow the Federal or Postal employee to continue in the same position such that the Federal or Postal employee can perform all of the essential elements of the position; and multiple other and similar elements to consider.

Ultimately, one’s “happiness” cannot be determined by a mere quantification of heart rate, level of perspiration, or the stability of emotions and thought-processes; and while there is no mechanism discovered or invented, yet, which is encapsulated by a commercially salable Happy Meter, perhaps there will be one in the near future.

For the time being, however, one could nevertheless do what men and women have done for centuries, and simply reflect seriously for a moment upon one’s past accomplishments, determining present needs, and plan for one’s future security by taking the affirmative steps necessary to prepare, formulate, and file with the U.S. Office of Personnel Management, an effective Federal Disability Retirement application — today.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: Afterwards

There is often a sense of deflated incompleteness; of a sense that what comes next is not as fulfilling as the expectation of that which has already passed.  The sense of “let-down” is a phenomena which exists only in a culture which prepares for much, allows for little, and demands of everything.

For the Federal employee and the U.S. Postal worker who expected that a career in the Federal sector or the U.S. Postal Service meant a lifetime of dedicated service, and that loyalty would include a bilateral venue where, if you became ill, had a prolonged period of absenteeism, or otherwise suffered from a medical condition such that you could no longer perform one or more of the essential elements of your job — that, despite such circumstances as described, the Federal agency or the U.S. Postal Service would nevertheless “stick by you”, your disappointment at the reality of the situation must by now be palpable.

Preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or even CSRS-Offset, is the next best step if the Federal or Postal employee suffers from a medical condition which impacts and prevents one’s ability and capacity to perform all of the essential elements of one’s positional duties.  Such an application must be prepared with a view towards effective persuasion, through the U.S. Office of Personnel Management, and should include multiple elements including a clear citation of the legal basis upon which one meets the eligibility criteria.

Afterwards, there is merely the empty wrappings and the residue of the joyous occasion from the previous night; but it is the tomorrow and the next day, and the days thereafter, which will determine whether happiness and fulfillment are still the byproducts of a promised culture, especially for the Federal and Postal employee who gave much, demanded little, and finally gained insight into the broken promises spoken by the Leviathan of a bureaucratic morass.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: The touch of life

People often refer to “the touch”; of Midas’ ability to engage in alchemy, now transformed into a metaphor for those whose every endeavor results in financial gain; or of that “soft touch” in the arena of basketball, where the swish of the net and the easy bounce which finds the diameter of the hoop always larger than the irascible target of our trying attempts.  But it is the “touch of life” which encompasses all of that, and more.

When most struggle with the morning fog of first dawn, and youth craves for the security of childhood but act with cynicism to protect their own pride; and pride itself, foolish in its heart, but where wisdom never finds refuge but for the mistakes made in trying.  The touch of life comes to the fore when wandering souls finally find restive quietude from the troubles of the world, and for a brief moment when time, history, and the troubles which beset, can be set aside in an orderly, systematic and rational universe of timeless peace and finality of purpose.

Wisdom is hard to come by; and in the midst of daily struggles, finding clarity of purpose is impossible, especially when troubles abound upon the horizon of life’s plenitude.

For Federal employees and U.S. Postal workers who are struggling because the Federal agency or the U.S. Postal Service harasses, intimidates and engages in unfair labor practices, preparing an application for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is often the only viable choice left.

Life often grants only limited options, but when we grumble and complain about the lack of alternatives, we merely delay and obfuscate the richness open to our own lives.  Instead, what the Federal or Postal employee needs to do, is to take that opportunity and prepare, formulate and file an effective Federal Disability Retirement application with OPM.

Grumbling about fate not in the cards merely takes energy away from that which will work; and as America is a land of pragmatism, the home to William James and the only original philosopher from this country, it does well to recognize that the touch of life is not reserved to the magic of alchemy, but to the choices we wisely accept and forge forward upon.

Sincerely,

Robert R. McGill, Esquire