Federal Disability Retirement: Vows and Contracts

People take vows for various reasons: vows of silence, as a satisfaction of a prerequisite for initiation into a religious order; vows of marriage, for the union intended for a lifetime of commitment and self-sacrifice; vows of revenge, for a personal vendetta in retribution for actions suffered against one’s self or on behalf of another; and similar vows of unremitting focus until the satisfaction of such enduring commitment is accomplished.  Similarly, contracts are entered into each day, across the globe, between individuals, corporate entities and groups formed specifically for business and personal reasons.

Is there a difference between a “vow” and a “contract“?  On a superficial level, the former is viewed as a “higher order” semblance of the latter.  In a deeper sense, that is not only true, but all the more so — or, in erudite form, a fortiori.  For, to vow is to give of one’s self in totality of being; it is a gift of one’s self, often without any expectation of a similar receiving.

In contract law, of course, it is precisely the comparative analysis of a “consideration” provided and received, which determines the viability and sustainability of the agreement itself.  Far too often, Federal and Postal employees see their commitment to an agency or the U.S. Postal Service as a “vow” in employment, as opposed to a contract freely entered into, and just as freely abrogated when the need arises. This is seen when a Federal or Postal employee suffers from a medical condition and must consider the need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS.

The Federal or Postal employee treats the job as one of a “vow”, as if the significance of clinging on to the position is of greater importance than the detriment manifested to one’s health.  Federal Disability Retirement benefits, offered to all Federal and Postal employees under FERS or CSRS, is merely a contractual annuity accorded based upon the status of the individual as a Federal or Postal employee, and further proven by a preponderance of the evidence.  No vows have been exchanged — neither of the silent type, implicit, nor explicit, and certainly not of an unequivocal or unremitting nature.

Contractual terms are meant to be asserted; and one of the provisions of the “contract” for all Federal and Postal employees, is that when the Federal or Postal employee suffers 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 the Federal or Postal job, then eligibility for Federal Disability benefits may be invoked.

To accept a contractual provision is never to take advantage of anything, unfairly or otherwise; rather, it is merely a satisfaction of terms. To do otherwise, and to confuse X as Y, as in mistaking a contract for a vow, is merely to bathe in a puddle of muddle-headed thinking.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: When Once Sleep is No Longer Restorative

Sleep is more than the cessation of activities; it is a state of slumber and dormancy, when one can effectively escape from the daily stimuli of variegated bombardments; as an escape, it allows for the mind to suspend the frantic functioning of communicating and conveying the billions of information bits which must be perceived, processed, bundled, interpreted, and delivered to the destination needed for instantaneous response and decision-making.

Such a complex, subconscious and underlying process may be comprised of a simple act as mundane as scratching an itch located in one’s lower extremity; or it may be to respond to an emergency of epic proportions involving countless lives.  But for each response and particularized stimuli, the multitude of processing venues which the mind must filter requires a time of restorative relief, known variously as that state of “sleeping”.

Thus, for the Federal and Postal employee — whether in law enforcement in tracking down criminals and drug cartels; or for Federal prosecutors who must weave a complex web of details to put together a case; or for the window clerk at the Postal Service who must respond to multiple queries from customers on an hourly basis; all are subjected to varying degrees of information processing by the brain, which requires complex connections occurring beneath the skin, within the protective skull of our brains, and sent to destinations throughout our bodies.

At the end of the day, sleep becomes a necessity, for purposes of restorative value, to rejuvenate mind, body, and the classic “ghost in the machine” — the human soul.  But when sleep is no longer restorative; when the chronic pain interrupts the required time of suspended dormancy; or when the anxieties of the human psyche overwhelm us with uncontrollable ruminations of fears both real and created — then sleep itself becomes an enemy of our own making.  Without that period of restorative suspended dormancy, the very lack of sleep exacerbates those other medical conditions which dominate our daily lives.

Federal Disability Retirement, whether under FERS or CSRS, through the Office of Personnel Management, allows for the Federal or Postal employee to escape that vicious cycle of medical condition/lack of sleep/progressive deterioration/work/back to the constancy of the debilitating medical condition.  Perhaps it is time to rethink the paradigm.

Federal Disability Retirement is a step forward for Federal and Postal employees, in order to reach that point of restorative sleep needed, for the health of the human psyche.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Substantive Interlude

An interlude is meant to provide an intervening period of change in order for the transition from one part of an event (e.g., a play or a musical piece, etc.) to another will occur without confusion.  It is likened to a grammatical comma or a semicolon.  But if the interlude itself cannot be distinguishable from the events from which, and to which, the transition occurs, then such an interlude has failed to accomplish the intended purpose for its very own existence.

In short, the minor event should never overshadow the primary themes of a presentation, but merely allow for a respite and period of transitional reflection.

In writing, while the technical methodology of “stream of consciousness”, recognized in writings by such notable figures as Faulkner and Joyce, one often gets the sense that such writers never experienced the need for an interlude, but always forged ahead with a never-ending focus of exploding words and conceptual intersections of thoughts and phrases.

This may well work in fiction; in technical legal writing, however, such an approach only confuses and confounds.

For those attempting to prepare, formulate or file a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to understand the concept of an interlude, and to make it meaningful, in order to ensure that the core concepts which one is attempting to convey will have its intended impact.

Linguistic interludes are meant to allow for the reader to have a pause, a breath of reflection; streams of consciousness of jumping from one issue to the next, often referred to as the “shotgun approach”, is rarely an effective form of writing.  And, in the end, we want the recipient of the Federal Disability Retirement application to review and understand; to comprehend and appreciate; and ultimately to agree.

In order to do that, the Federal Disability Retirement applicant must be able to distinguish the world of ideas, from the greater universe of confused thoughtlessness, and that is where the substantive interlude comes into play.

Sincerely,

Robert R. McGill, Esquire

USPS Postal and Federal Gov. Disability Retirement: That False Sense of Loyalty

Longevity often masks itself for loyalty; yet, when an organization is so large and impersonal such that each cog in the wheel merely represents an irrelevant fraction of the larger entity, then the relative importance of the individual becomes correspondingly diminished in relation to the greater whole.

Loyalty has always implied the concept of bilateralism; but within an organization which has become a virtual Leviathan, it becomes an unilateral concept.  For Federal and Postal employees, length of service and commitment to the agency’s “mission” will often engender a strong sense of loyalty.  But such loyalty is misplaced if it is paid with the price of one’s medical health, whether physical, emotional, or psychological.

One of the greatest obstacles which forestalls a Federal or Postal employee from filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, is a sense of shame and misguided loyalty to one’s agency.  Somehow, the Federal or Postal employee thinks that he or she is “letting the agency down” by filing for Federal Disability Retirement and separating from Federal Service.  But such a sense of loyalty is misplaced, misguided, and at best a self-immolation of purposes.

Look to see how the agency treats you in actions, not in terms of how you perceive how the world should be.  While honor is a virtue to be applauded, failure to preserve one’s health is a folly which cannot be afforded.

Sincerely,

Robert R. McGill, Esquire