Tag Archives: the loyalty of a fers disability lawyer

Federal Employee Disability Retirement: Be Wary of the Non-Substantive

The evolution of words, their meanings, the subtle connotations and implications gained or lost over time — these are all of interest, if only because they reflect changes to society, often in tumultuous ways, as earthquakes which shatter and create fissures within human normative designs, and in the midst of the rubble, a sense of loss and shattering beyond the mere tragedy of linguistic ruins.

In Aristotle’s time, the term “substance” had a specific meaning; and any superficial reading of Plato and his concerns involving appearance versus reality, the mysterious substratum which follows upon the continuity of what we see, what we suspect to remain unrevealed beneath the surface of visual phenomena; and, indeed, the history of philosophy is a dialogue of content verses context, from Descartes’ search for certitude rendering the entirety of Philosophy impotent by turning inward towards the self; of Kant’s consolation of such self-immolation by bifurcating the universe into a known and unknowable void; and into the modern realm of Deconstructionism, post modernity, Derrida’s meanderings, and the modern hermeneutics of non-religious definition of truth, reality and the condition of man.

Within that greater context, we are left with the devastation of a simple truth:  The essence of man rarely changes; we merely make way for new window dressings.  But through it all, we must always be wary of the non-substantive, and harken back to Aristotle’s concerns; that which we create and leave behind, we want to ensure that it survives with some rock-gut matter that makes a difference and actually matters.

For Federal employees and U.S. Postal workers who are suffering from a condition, such that the medical condition impacts the capacity of the Federal or Postal worker to perform one or more of the essential elements of one’s positional duties in the Federal or Postal job, it is often that sense of loss, the discontinuity of what they were accomplishing, and the “leaving behind” of unfinished business, which pulls them from filing for what needs to be filed.

We like to finish what we began.  We want to leave a legacy, a memory of who we are, what we were, where we ended and how we got there.  The unfinished fabric of unwoven material leaves a fluff of scattered cotton fibers scattered for the winds of time to disperse.

For the Federal and Postal worker who has dedicated his or her life to a career in the Federal sector or the U.S. Postal Service, leaving is a trauma upon a trauma of medical conditions.  But the Federal and Postal worker must always remember, that the substantive course of life must always begin with the impetus of self-motivation, and within the shark-infested waters of the undersea in lands and foreign worlds where human calamity coalesce, the self-preservation of one’s health must begin first, and only then can one step forward into the universe of the next career, the next life, the follow-up inning of future legacies.

Taking care of one’s self by preparing, formulating and filing for Federal Disability Retirement benefits, whether one is under FERS, CSRS or CSRS Offset, through the U.S. Office of Personnel Management, is the move of wisdom if one is to secure a future of accomplishment and actualization of any remaining potentiality.  We all have reasons for not doing something.  Be wary of the non-substantive.  Focus always upon the true meaning of who we are, what we have become, and where we are going.

Sincerely,

Robert R. McGill, Esquire

 

Postal and Federal Disability Retirement: Of Knights, Integrity and Betrayal

Perhaps they are arcane and archaic concepts of feudal vestiges and residues of a time past, when the world was comprised of simple and simplistic codes of conduct; and of a world long declining, such surviving stewards adhering to outmoded manners will ultimately pay the price of extinction.  In a fast-paced world of changing circumstances, where the linguistic gymnast can contort truth into falsity and vice versa, integrity is merely a power move, and those who can get along without it can live with the betrayal of others and self, without consequences.

Federal and Postal Workers who suffer from a medical condition, and are shoved aside as mere objects of derision, experience a heightened sense of integrity violated and betrayal encountered.  It is often at the expense of their health that work was considered paramount and principled; and so long as production quotas and the mission of the agency was promoted, the smooth smiles of superiors and supervisors oiled the way for a seemingly bright future.  But medical conditions have an insidious character; they can be concealed for a time, but will ultimately manifest themselves in alternative ways of revelatory revulsions.  Hiding a medical condition only increases the stress; stress in turn exacerbates the primary medical condition.

For the Federal or Postal Workers who thought that unwavering fealty to an agency or the U.S. Postal Service would be rewarded by a similar response when a medical condition begins to impact one’s ability to perform the essential elements of one’s job, the surprise, hurt, and betrayal felt is often of devastating effect.

The option of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal Worker is under FERS or CSRS, is one which should always be considered as the singular viable alternative to act upon. Yes, integrity violated often tempts one to react against the agency; and, yes, betrayal should have a consequence. But knights and codes of valor are left to literary enjoyments of a bygone era; and we must always keep in mind of the story of that famous knight who fought bravely, only to find that they were merely windmills rotating in circles of futility.

Sincerely,

Robert R. McGill, Esquire

 

OPM FERS/CSRS Disability Retirement: Until Sickness, Death or Getting Fat

It was once that marriage vows were viewed as sacrosanct; inviolable promises made, endured through hardship, bilaterally seen as a partnership made in heaven.

Then, of course, “no fault” divorces became the fashion; fashion itself (or lack thereof) was a grounds for de-coupling or un-coupling (it is difficult to keep up with the modern vernacular and introduction of new-age language); and so people began to “drift apart” and expunge from such eternal vows undesirable concepts such as “death” or “sickness” (for, as marriage ceremonies are supposed to be “happy” occasions, why insert such negative vibes into the mix?), but implicitly left in the ultimate ground and justification: getting fat (or old, or ugly).

A parallel approach is often taken in the employment arena: your loyalty is expected, but if you fail to produce, you can be terminated.  Whether such pervasive attitudes become commonplace because of the “throw-away” nature of goods purchased and items sold in the universe of commerce, is for social anthropologists to debate; the fact is, the issue can be viewed from both sides: from the employer’s perspective, too many employees jump ship soon after being trained and invested, seeking other opportunities and offers.

But that leaves us in the state of our being and choosing: both in family life and in careers, the fickle and unsteady nature of either reflects the very society in which we participate.

Businesses are rarely run like families — or, perhaps a truer statement these days is that, yes, they are run exactly like families, and quick divorces for the most spurious of reasons are sought and attained.  For the Federal and Postal Worker who finds him/herself with a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, there is a price to pay for being a part of such a fickle system.

Federal employment is merely a microcosm of the greater system of employment encompassing Federal, State and private-sector economies; loyalty is no more precious in one sector than another.

From the Federal or Postal employee’s perspective, Federal Disability Retirement benefits must be an option which should be considered when a medical condition begins to impact one’s ability to perform all of the essential elements of one’s job.  From the Federal agency’s perspective, Federal Disability Retirement should be viewed as part of the larger promise of Federal employment benefits contractually offered, and when one partakes of accessing the promise, there should not be any grumbling, complaining, or retribution and retaliatory measures invoked.

But somehow, reality rarely follows the path of rationality.  As such, just as in messy divorces and other venues of uncoupling, one should always be cautious in whom to confide in, what to say, and when to reveal.  Federal Disability Retirement is a benefit accorded to all Federal and Postal employees, whether the Federal or Postal employee is under FERS or CSRS, and is sought and obtained through the U.S. Office of Personnel Management.

While not as sacrosanct as marriage vows of yore, it is also not as fickle or easy to get because one has gained a little weight over the years. As such, any such attempt to file for OPM Disability Retirement benefits should be taken seriously and with deliberate care; sort of like what one should do before heading off to Las Vegas for a quick coupling, or uncoupling, whichever the case may be.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: House of Cards

The proverbial metaphor referring to the House of Cards is well-known to most: it symbolizes the fragile nature of that which we so carefully construct and devise; the time, effort and sensitive touch needed, sometimes holding one’s breath lest a puff of passing turbulence should undo the work of uncommon concentration. But who among us applies the same levity of construction upon the actual foundation we build in real life?

It is clear that the fragile nature of careers, built upon years of relationships, garnering loyalties and cultivating awards, performance reviews, meaningless pats on the back, and encouragement meted out ever so sparsely. How little we require in payment for our unswerving loyalty and fealty to an uncaring entity, but for commendations constituted by cardboard casts?

For Federal and Postal employees, the House of Cards if often finally recognized when a medical condition begins to impact one’s ability/inability to perform all of the essential elements of one’s job. Loyalties are suddenly and conveniently forgotten; past awards become irrelevancies brushed aside like memories shuffled in the mind of an amnesiac; and those glory days of quick smiles and congratulatory looks of adulation are replaced with grimaces and furtive looks accompanied by hushed whispers of sneering conspiracies; and so one is suddenly thrown under or overboard — another proverbial metaphor — the bus or the boat.

Federal isability Retirement is a benefit which is a “safety net” in the sense that it pushes back against the fickle ways of agencies and departments; it is a safeguard against the world of short-term memory banks held by faceless entities. Filed through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS, it allows for the Federal and Postal Worker to exit the Federal workforce with dignity, and a certain semblance of security, and thereby leaving behind the leaning House of Cards for residency by those more able to continue to hold up that which faces the inevitability of chaotic destruction.

Sincerely,

Robert R. McGill, Esquire

OPM FERS/CSRS Disability Retirement: Decorative Bookends

Such a niche industry, whether by individual craftsmen or in factory output, must have recognized years ago that trouble lay ahead.  For, with the transfer of the reading public (which in itself is shrinking daily) from paper to electronic medium in the form of ebooks, the need for such anachronisms has diminished and is on its way to extinction.

Such objects were never at the forefront of civilization’s advancement or representative of its superior culture. Unlike the Model-T, military arsenals and the advent of tabletop computers, one cannot point to them and say, “Now that was the beginning of the industrial age, the technological age, the age of modern warfare“, etc.  Instead, bookends were purchased and displayed for a quiet, unassuming, utilitarian purpose: to help books remaining standing.  One rarely went into a store and bought only a single bookend; they come in pairs, and when one of the pairs is lost or damaged, then both became less of value in terms of everyday utility.

In going through basic training in the military, a similar concept was hammered: of pairing soldiers together and working in tandem to advance towards an enemy position.  Marriage is sort of like that; the cooperation, not the warfare (although some would point more to the latter than the former as representing the institution).  And so the statistical sales of bookends has been steadily declining.

Often, for Federal and Postal employees who come to a critical point of needing to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the metaphorical association to the uselessness of bookends in modernity is obvious: the agency no longer supports the Federal or Postal Worker, neither in words nor in deed, and one can easily forecast the future value of one’s continuing presence. With the loss of such support, one feels like the singular bookend.

When that loss of agency support occurs, it is time for the Federal and Postal Worker to consider that option which exists precisely for that moment: to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS.  Work is important, but health so much more. When the bookend of the agency is lost or damaged, then one is looking at holding up one side of the spectrum.

Oh, and that metaphorical concept of the “buddy” system, taught in tactical military training? Like the singular bookend which can only hold up the rear, that’s precisely what the Federal or Postal Worker must look out for when once a medical condition is revealed to an uncaring Federal Agency or Postal Service.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: Dog-like Loyalty

It is of the old adage — of the dog which refuses to bite the hand which feeds him.  It is only the human animal which betrays the adage; but, then, that is part of the point of the saying, and the recognition of the perversity of man.

It is thus not a wonder that Federal and Postal employees who suffer from a medical condition, remain unilaterally loyal to their agencies, despite sufficient evidence to the contrary and which would easily justify acting in a disloyal manner.  Years of toil and doing extra work without asking for anything in return will not result in empathetic treatment by an agency when the Federal or Postal worker requires such extraordinary treatment during a medical crisis; and when the surprised Federal employee becomes aghast at the reactionary irrationality of the agency, those of a cynical nature will often respond, “What did you expect”?

But the adverse nature of how an agency reacts when its employee files for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, is really the flip-side of the same coin:  the Federal or Postal worker acts like the loyal dog; the agency acts like the hand-biting dog.  It is the inherent nature of the complex make-up of the human animal which allows for such contradictory reactions.  Or, perhaps not — it may be just as simple an explanation that there are bad people in the world, and those who expect goodness from human nature will normally be sorely disappointed.

That is why when an agency provides for unexpected level of support during the process of a Federal or Postal Disability Retirement application, we react with such gratitude and surprise because of the exceptional nature of such a response.

One indicator that is fairly reliable, of course, is the wagging of the tail — unless, of course, it is the tail wagging the dog; but that is another adage altogether, for another time.

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

CSRS & FERS Disability Retirement: Attorney Representation

I am still often asked about whether or not, or how helpful, legal representation would be in a Federal or Postal Disability Retirement case.  To ask an attorney such a question is often unhelpful, for there is always the question as to how much “self-interest” an attorney has in answering such a question.  What I can state, however, is the following:  Remember that everyone believes that his or her case is a “sure thing” — this is natural, because the very individual who is filing for disability retirement is the one who is suffering from the medical condition, and so it is a very “personal” matter, and a sense of objectivity is difficult to maintain in these matters.  Second, remember that when you hire an attorney, you are not just hiring someone who “knows something” about FERS & CSRS disability retirement; instead, you should be hiring that lawyer for his or her reputation, his knowledge of the administrative & legal process with the Office of Personnel Management and the Merit Systems Protection Board, and how well he is “thought of” by OPM (i.e., how long has he been practicing in the field of Federal Disability Retirement law, does he know the people at OPM, and more importantly, does OPM know him/her?).  Finally, always keep in mind that, while attorneys can be expensive, you must always do a cost-benefits analysis, and look at the benefit you will be receiving (or not receiving) if you do or do not hire an attorney.  Disability retirement benefits are essentially a means of securing one’s financial future, and as such, the benefit to be secured is important enough to consider hiring an attorney.

Sincerely,

Robert R. McGill, Esquire