Medical Retirement for Federal Government Workers: Sides (Part II)

Side orders are meant to compliment the entree; there are specific types of appetizers and addendum dishes which enhance the culinary delights, and those with more sophisticated and refined salivary receptors tend to make a magnified fuss about such issues, especially in posh restaurants where a display of the proper matching of manners, wines, menus and side orders are embraced with an upturned nose of superiority and a disdain for those who fail to follow the propriety of civilized society.

Choosing sides and the ability to do so, tells much about a person.

In restaurants, furtive glances are often exchanged when a person attempts to order in the original language of the cuisine; in sports, from an early age, choosing sides reveals one’s fealty, and ingratiating self-to-popularity by excluding those who are are estranged from the inner circle of cliques is the safer route to take.

Coordinating loyalties from an early stage in one’s career is merely an extension of both — of choosing the “right” sides to the entree of one’s profession.  For the Federal and Postal employee who begins to suffer from a medical condition, such that the medical condition begins to impact one’s ability to perform the essential elements of one’s job, the warning signals begin to blare early on.

Old loyalties begin to fray; more recent touches of camaraderie quickly crumble; and what we did for the supervisor, or that major project that we worked late nights for months on endless turmoil which resulted in accolades for upper management — and a satisfying pat on the back for the underlings — are all forgotten.  Clear lines to bifurcate which side you are on, fade with time.  During the 7th inning stretch, the white powder may have to be rolled upon the diamond again, to reestablish the boundaries of the game.

But for the Federal and Postal employee who dares to allow for a medical condition to impact the “mission of the agency”, and to begin to prepare 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 rules of the game itself begin to change radically.  No longer are there boundaries of proprieties; side dishes are not served to compliment, anymore; and there is no one left to be a part of your team.  You have now become the pariah, the outsider; the one estranged from the rest, while everyone else watches you with gleeful betrayal.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: Sides (Part I)

Was there a time when moral order, social propriety and conventional codes of conduct were bifurcated in such clear and identifiable demarcations, such that everyone knew the rules and roles by which to abide?  Or were there always overlapping and invidious borders which constituted conditional conundrums?  Movies of the old west are still enjoyed today, if not merely for entertainment, then for the simplicity of identifying the differentiation between good and evil, where the grey dawn of loss of certitude is rarely implied.

People take “sides” each and every day, but the lack of verifiability in determining who stands for what, and what issues are truly worth standing up for, has become a problem of infinite and exponential magnification of wide and confusing latitudes. There are some things in life where privacy must be guarded with the utmost of heightened protective instincts. “Choosing sides” is something we all learned in school; how we choose, and what titers of alarms we utilize, is all the more important when it comes to personal integrity and future security.

For Federal and Postal employees contemplating filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, the question of who our friends are, will quickly surface during the process.  Identifying the adversary is thought to be an easy process; thinking that a supervisor or coworker is a “friend” to be relied upon, is a more daunting and dangerous endeavor.  That is where the confidentiality of an attorney can be helpful.

The beauty of old films and archaic cowboy movies, is that the black-and-white film footage clearly and unmistakably identifies the man in the white hat.  That is the “good guy”.  Within Federal agencies, such clear identification for the Federal or Postal Worker who begins the process of preparing, formulating and filing for Federal Disability Retirement benefits, is a rare occasion.

Choosing sides is important.  How one chooses; whom to rely upon; what advice to follow; all are confusing conundrums within a complex world of backstabbers, betrayals, and agencies populated by those who seek to become the next Lady Macbeth.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement from the U.S. Office of Personnel Management: Catch of the Day

Restaurants announce it; law enforcement offices declare it; con artists make a living by it; and agencies sneeringly pounce upon them. They are the designated focus for the day, often longer, and sometimes until they disappear from the depths of abundance which the season and migration of schools allow.

When one is a Federal or Postal Worker, becoming the “catch of the day” can mean that you are the targeted one; the one whom harassment and daily persecution becomes the norm and routine, and having such a reputation allows for the safe haven of others who exhale a loud sigh of relief for being spared such an ignoble designation. Once the target, agencies never let up. Whether it leads to a PIP, multiple suspensions, letters of reprimand, sick and annual leave restrictions on usage, doesn’t quite seem to satisfy the insatiable appetite of the persecutors.

Yes, there are some countermanding moves: EEO complaints; grievance procedures filed; even lawsuits and resulting awards of significant verdicts, on rare but victorious occasions. But the human toil expended rarely justifies such moments of rare glory; and for the individual who suffers from a medical condition, the juggernaut of the agency’s reserves and reservoir of implements and infinite resources of persecution means that a time of respite is merely temporary.

Federal Disability Retirement is a benefit which one must consider when the coalescence of a medical condition, agency actions, and the recognition that one is unable to perform all of the essential elements of one’s job, comes to a tripartite sequence of combined consonance.

Filed through the U.S. Office of Personnel Management, the Federal or Postal employee under FERS or CSRS has the opportunity to receive an annuity, and still go out and begin a new career in the private sector, and make up to 80 percent of what one’s former Federal or Postal position currently pays.  It is a consideration which should always remain a viable option, lest one’s picture remain with a bullseye depiction alongside the declaration that you are the agency’s “catch of the day”.

Sincerely,

Robert R. McGill, Esquire

 

Actions and Principles of Federal Agencies toward Their Employees with Disabilities before FERS & CSRS Disability Retirement

Can a person possess a core principle which declares that one should not be cruel to animals, but yet intimidate and harass a coworker?  Is it possible that one can state adherence to a philosophy, but act in ways contrary to such a declaration of fidelity to such a public policy?  Does authenticity and correlation between words and actions matter?

Of course, the simple answer is that hypocrisy has always been rampant throughout history, and one need only look at politics to come to the conclusion that speaking out of both sides of one’s mouth (as the proverbial adage is often conveyed) is a state of being that one can easily live with.  Thus the conundrum: Every and any question which begins with, “Is it possible that…” is one which has already been answered by the whims of history.

Public policy statements which declare that Federal agencies will seek every “reasonable” effort to accommodate an individual’s disability, are replete but often empty, precisely because words are open to interpretation.  And perhaps that is the “out” which many find easily excusable, in justifying the dissonance between words and actions.

Fortunately, for Federal and Postal employees, there is always the viable option of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS. It is the “safety hatch” which can be used against agencies and the U.S. Postal Service in order to circumvent that self-contradicting public policy statement that medical conditions which impact one’s ability/inability to perform all of the essential elements of one’s job, will be “accommodated” to the extent that such accommodation is “reasonable”.

Since that which is reasonable is open to interpretation, the reality of retaining a Federal or Postal Worker who suffers from a medical condition such that the medical condition prevents one from performing one or more of the essential elements of one’s job, becomes as rare as that individual who speaks and acts in consistent harmony of fidelity to both.

For the Federal and Postal Worker who suffers from a medical condition, where the impact is felt directly in the workplace, and where the supervisor who kicks his dog in the privacy of his home but volunteers his time with the local SPCA begins to speak earnestly about the “mission of the agency“, it may be time to consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management; for, in the end, principles and actions matter when it touches upon one’s personal health, and the need for restorative relief from a workplace which defies consistency of either.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Perspectives, Altered and Static

Medical conditions have a way of changing one’s perspective; the daily outlook of merely taking ordinary things for granted reverts to an ongoing sense of appreciation for the mundane.  Even to be pain-free for a few moments may seem like an utopian state of blissful enlightenment.  The ordinary becomes the miraculous, and the order of priorities for others may become inversely reorganized.  But the problem remains for the world at large whose perspective has not been impacted by such alterations.

For the Federal and Postal employee who is suddenly confronted with a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, the Agency, the Supervisor, coworkers, the U.S. Postal Service, etc., may not (and one can more forcefully predict, “does not”) share that change of perspective.

Pausing to smell the flowers may be fine for some, but not while in the same room as the Supervisor who sneers at such folly.  Such altered perspectives may need the mundane remedy of a legal response; and, ultimately, if filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is the option to pursue, because the Federal or Postal employee is no longer able to perform all of the essential elements of one’s positional duties, then such a course of action should be initiated as soon as practicable.

Not everyone shares a change of perspective; and, indeed, the Federal or Postal employee who has an altered perspective should recognize that he or she once resided in the exclusive club from which expulsion and ex-communication is now imminent.  The static nature of the ordinary will always dominate; it is the extraordinary which remains in the minority, as history has always proven.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Loss of Empathy

Does it establish the existence of empathy if a person asks after someone’s health or wellbeing?  If, in the next moment, the querying individual does something which would constitute “backstabbing“, does it negate the previous sincerity of the asking?  Is there a numbing effect upon a generation of individuals who have engaged in daily role-playing through video games which defy a conceptual designation of “virtual reality“, and for the most part serves to be the “real” reality for most?

Is empathy a lost virtue; is virtue even a meaningful concept in this day and age; and if lost and not, does it make a difference at all?  Or has human nature been consistently mean and low throughout the ages, and any romantic semblance of a Shakespearean view (paraphrasing, here) that man is the paragon of animals and somewhat akin to the angels, is merely a profoundly meaningless statement of reminiscences long past?  And what impact does such foreboding hold for individuals with medical conditions, especially in the context of employment?

For Federal and Postal employees who suffer from a medical condition, whether under FERS or CSRS, there is fortunately the default option of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Fortunately, such an option does not depend upon the empathetic character of fellow human beings, leaving aside other Federal or Postal employees.  Instead, Federal OPM Disability Retirement benefits are completely dependent upon “the law”.  This is as it should be, as opposed to the fickle character of individuals who sway to and from as the unstable emotions of individuals may change from day to day.  It is ultimately the law which one must cite, rely upon, and use both as a shield and a sword.

As for the lost generation of empathy: Let the laws governing Federal Disability Retirement determine the outcome of that forecast, as laws last somewhat longer than the fickle character of human beings.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Where Once, the Mirror Reflected

Communities are sensitive organisms; what constitutes one, how and when it is identified as such, and whether there exist any such entities, anymore, is of valid concern.

Is a suburb comprised of mansions constructed in the middle of an outlying tract of land, formerly occupied by a farm house, but where none of the neighbors know each other, seldom say hello, and never socialize, a community?  Does there have to be some interaction between neighbors, of showing and evidencing some concern or interest in one another’s lives, hobbies, common interests and attractions, before we can point to an aggregation of homes and declare that it is a “community”?

The origin of the word itself implies a “with”-ness among and between two or more people; and, in order to call a group of people a “community”, does not the identification of a group refer to an entity separate and unique from the rest of those surrounding the identifiably distinct group?

Furthermore, communities reflected a uniques set of social characteristics; like a mirror which reflects a recognizable face, so a community manifested a pattern of social characteristics distinct from a separate group.

Once upon a time, perhaps there existed a Federal community; or, perhaps, a particular agency or department revealed a cohesive set of principles and goals which set it apart from others.  For the Federal and Postal employee who suffers from a medical condition, and who finds him or herself no longer able to perform all of the essential elements of one’s job to full capacity, the harsh realization that one may no longer be able to continue with the agency — a community of sorts — is often a macrocosmic reflection of the micro-identifier of a mirror reflecting the future of one’s path.

Filing for Federal Disability Retirement benefits, whether under FERS or CSRS, identifies the individual as somehow separate and apart; and what one saw previously in the mirror becomes a reflection upon the greater community one was once a part of, and no longer will be, like the disappearance of a social phenomena diffusely evident throughout the world.

Sincerely,

Robert R. McGill, Esquire