Legal Representation on Federal Disability Retirement Claims: Plans

We all make them; whether for an anticipated journey or vacation; of a future date far in advance or nearby in time; or merely for an afternoon get-together with an associate, coworker, friend or family member — plans are essential to the coherence of a person’s daily life.

We have “planners” that we carry with us everywhere, and “planned vacations”, “planned playtime” for our kids; a “planned evening out” and meals planned well in advance even before our appetitive natures begin to rumble with echoes of hunger and delight.  There are “coordinated planned attacks” by terrorists, and “exit plans” before an assault is waged upon the enemy.  Then, there are life coaches who help to plan one’s future decisions, counselors who plan for college entrance exams and therapists who assist in planning this or that major decision.

From the moment we realized that simply reacting to the world around us was no longer an efficient methodology in maneuvering through a complex world, where the prey had become suspicious and did not stick around to remain as out next dinner course and predators began planning for counterstrategies to man’s wily peculiarities, we began to plan for the future.

However, the one thing that we have no plan for is the unexpected jolts of life’s servings that come upon one without warning or predictability, such as a deteriorating health condition that was never planned for.  Dreams that spawn plans are easily destroyed by life’s tumults that come in waves of unpredictable surges, just when we think that our “plans” are being realized.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition impacts and prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, it may become necessary to alter one’s long-term plan and goal towards retiring upon reaching the “regular retirement age and time-in-service”, and instead to file for Federal Disability Retirement benefits under FERS, through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Medical conditions are often the one set of goal-stopping issues that skewer one’s plans; it is normally unplanned for, and is a plan-modifier that requires not only a change of plans, but a new set of plans that should include a plan to prepare, formulate and file an effective Federal Disability Retirement application, to be planned for submission to OPM, and should also include a plan to seek to counsel and advice of an attorney who specializes in such planning.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Our place in the world

One morning, we wake up and go into the backyard or, perhaps if one is living in an apartment, simply observe some trees or a little oasis of nature — a park; a clump of bushes situated in a grove of lawns coalescing; or just a singular mulberry tree that has grappled upon a cracked corner of the concrete jungle where some soil has erupted, surviving in the middle of a desert of the city’s impervious view; and a bird sits and sings.

We don’t think about the bird:  Does it know where its place is in the world?  Did it struggle as a young bird-ling to find its place, to “fit in”, to be “unique” and thus “special”?  No — it is just us humans who engage in that sort of thinking — of the awkward youth who tries to find his or her place in the universe; of going through those difficult years finding one’s place, one’s niche, and one’s solace in the troubled waters of one’s soul.

Are those merely foolish thoughts of a young person — do we all eventually grow out of it and return to the level of cynicism and conclude that it’s all bosh, and there is no such thing as one’s “place” in this cold and impersonal universe?  It is a safe haven, is it not, to remain as one’s father and forefather’s placement offered, and not have to think about one’s place independently and separately?

To that extent, birds and others who merely survive based upon instinct and thoughtless intuitiveness possess a survival advantage over those who must search and become affirmed:  There is no need to find one’s place, for that has already been pre-determined from generations ago.  Then, in later life, what does one do when one has lost one’s identity?  If you never searched for it to begin with, will it feel as a “loss” if you lose something you never attained in your own right in the first place?

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 position, part of the fear, angst and anxiety in initiating and proceeding with the process of Federal Disability Retirement, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is the loss of our place in the world.  For, that career that you worked so hard to sustain — whether in an administrative field, a technical niche or as an expert in this or that elite vocation — may have to either come to an end, or become modified to accommodate your medical conditions.

Your “place in the world” may become upended, and that is often a fear that must be confronted.  But like the hummingbird that seeks the nectar of life’s offerings, if health is not the first priority that makes it all worthwhile, then you’ve likely mistaken which priorities need to be first in line, lest you mistakenly think that your Federal Agency or the Postal Service will help you in the never-ending quest for one’s place in the world.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Employee Disability Retirement: Our civilization of the spectacle

The concept is borrowed from the Peruvian writer, Mario Vargas Llosa (there are two additional names he formally possesses, “Pedro” and “Jorge”, as in, “Jorge Mario Pedro Vargas Llosa”, which likely encompasses family traditions of heritage and linear identification of relations, but it is sufficient to identify this momentary act of plagiarism negated by referring to the common and known reference), and refers to the widespread acceleration across all societies in the public display of what we once considered tasteless and base.

The concept itself, of course, is further “borrowed” or likely evolved from a work entitled, “The Society of the Spectacle” by Guy Debord, which posited a critical Marxist theory about the evolution of Society where the greed in Capitalist societies in the hunt for accumulation of possessions naturally leads to the degradation of human dignity.  One gives away one’s age and antiquarian predilections in relating memories of childhood, when parents used to say to their children, “Johnny, don’t make a spectacle of yourself!”

Nowadays, such admonitions would fail to be understood; for, it is the wish and dream of every parent to see that the very apex and aperture of opportunity remain opened to one’s offspring — to become the next spectacular spectacle in this universe of appearance, show and public display.  Have we come to a point where all conventions have been nullified?  Where discretion is no longer the mark of good taste, and humility is equated with failure and false pride?

It was once thought that when history evolved such that the Kardashians rule the levers of the universe, we would know then that human degradation had reached its lowest common denominator.  But, somehow, the shovel seems to be able to dig a little deeper, and find a lower space in which to crawl into.  For the common man (and woman, as one can no longer presume equality unless it is explicitly stated), revelations of human maltreatment are nothing new.

Look at Federal workers and U.S. Postal employees across the board, who suffer from a medical condition, such that the medical condition necessitates an “accommodation” in the workplace.  It is rare, indeed, for the Federal or Postal worker who requests an accommodation, that consequences are not imposed, results are not negated, and reputations are not soiled.  Medical conditions should, by definition, be a basis for empathy and special accommodations; but in this society and civilization of the spectacle, it merely represents another venue where the weak are taken advantage of, and the sickly are relegated to the corner stall, away from the window of display, and hidden in the crevices of windowless corners.

Federal employees and U.S. Postal workers know well the treatment by the Federal agency and the U.S. Postal Service, of what it means to no longer be able to perform one or more of the essential elements of one’s Federal or Postal positional duties.  The choice is clear, and the alternatives defined:  Filing for Federal Disability Retirement benefits under FERS or CSRS, or even CSRS Offset, is the best and brightest hope for the future of an injured or debilitated Federal or Postal worker.

For, in the end, both the Society of the Spectacle and the Civilization of the Spectacle are one and the same; whether by evolutionary inevitability or description of the state of modernity, those who make a spectacle of one’s self, must pay the price of being a target for another who desires that high point of calamity, where only the strongest survive.  Darwin was right, after all; we just didn’t realize that he was describing both the human being as well as the lowest form of our animalistic essence.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Affirmative Steps

Procrastination is the bane of progress; by delaying and kicking the proverbial can down the road, the chances of decreasing one’s odds of accomplishment become magnified exponentially.  What is the reasoning behind inaction and inertia?

Human life must by necessity involve movement and progress; for, unlike other species who find the immediacy of satisfaction and gratification to be the basis of existential justification, we bring to the fore the coalescence of one’s memory of where we came from; a future hope of where we want to go; and in combing the two, a greater purpose of teleological rationality within the context of the here and now.  But that which provides the foundation of uniqueness, can conversely be the lynchpin of destruction.

Self-justifying language games of self-immolation; we can construct strings of logically valid reasonings based upon convoluted cacophonies of orchestrated mutterings.  But that which appears reasonable is not always valid; and as validity constitutes the systemic structure of logic, so that which may reveal itself as sound uttering may merely be a whining whisper of a mad man’s meanderings.

For Federal employees and U.S. Postal workers who can no longer perform all of the essential elements of one’s position, the reasons for not filing for Federal Disability Retirement benefits are wide, varied, and often complex.  “This job has been my life for so long” (understandable, but change is often an inevitable feature of life); “Maybe my agency can accommodate me” (unlikely); “I am hoping to get better” (yes, but in the meantime, what is your agency planning to do?).

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is a big and dramatic step.  But for the Federal and Postal worker who cannot perform at least one, if not more than one, of the essential elements of one’s positionally-determined duties, it is time to consider taking some affirmative steps in a direction which one often knows to be true, but where procrastination is the path of least resistance.

And, yes, to err is human, but at what cost, and where does human history reveal that delay results in a successful outcome?

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Application and Process: The Foreign Menu

Certain processes and endeavors in life are tantamount to a foreign menu; one knows that, within the undecipherable and incomprehensible letters and symbols presented before one, amidst the evocative smells and provocative sounds emanating from the kitchen in the back, and behind the sounds and voices formed and learned in another land in distant places beyond the horizon of one’s familiarity, there is a dish of choice which one would, if one could identify it, choose for the occasion before us.  But the menu is in another language; the words and symbols are undecipherable; and the waiters, waitresses, cooks and managers speak not a word of one’s own; and all attempts at describing the wants and desires of the moment have failed, because food is an appetite of desire, and not one which finds its core in the rational basis of words and conceptual constructs.

Can such a scenario occur?  Can one find oneself in a restaurant unable to relate or communicate?

For Federal employees and U.S. Postal workers who find themselves unable to perform one or more of the essential elements of one’s positional duties, and who must therefore engage the process of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the similarity to the scenario described, and the familiarity of the circumstances conveyed, can be frighteningly reflective of the reality experienced.

Perhaps it should not be such a complicated process.  Considering the circumstances — of an injured or medically debilitated Federal or Postal worker who must concurrently contend with both the complexity of the bureaucratic process as well as the confounding and discomforting issues of the medical conditions themselves — one would think that the gathering of evidentiary sufficiency, the legal pitfalls to be maneuvered, the standard forms to be completed, etc., would all be simplified to fit the onerous circumstances requiring submission of a Federal Disability Retirement application.  But the fact is that Federal Disability Retirement is a complicated and complex administrative process with no “short cuts” to fruition.

It is a bureaucratic procedure which much be endured — much like the untenable situation of the man who walks into a restaurant thinking only of the satisfying meal to be ordered, only to find that the menu set upon the table is in a foreign language, undecipherable and incomprehensible, except to the proprietors and those who prepare the dishes of choice, in a clattering kitchen far in the background where echoes abound but confusion compounds.

Sincerely,

Robert R. McGill, Esquire