Tag Archives: the main priority a federal agency is its mission not the welfare of an injured or disabled employee

OPM Disability Retirement: The Coming Year

Calendric rhythms constitute artificial attempts at becoming partnered with time; like the music to which the dancer dances, there is nothing uglier than being out of step with the aura of a beat.

Eternity of time marches in a continuum without notice or constraint; our bifurcated days are broken down into days, hours, minutes and fractions thereof, as ordered slices like slabs of beef prepared for delectable consumption.  But whether the artificial imposition of our subjective categories have an impact upon the rhythmic tone of a cold and impervious world, is gleaned in rare moments of sudden insights, when a tremor shakes the foundations of tranquility, and we are awakened from the slumber of our own inventions.

Medical conditions tend to do that.  Suddenly, priorities of life must be reordered, calendric impositions of tasks to be accomplished seem to pale in weight of sufficiency, and leisure activities no longer constitute a viable avenue of escape from the drudgery of daily monotony.  Medical conditions bring to the fore the importance of that which is the essence of relevance:  not possessions, not contraptions nor toys of distractions; but of human connections.

For Federal and Postal employees who put so much of their time, effort, lives and worth of energy into the performance of daily work, a medical condition that prevents one from performing the essential elements of one’s positional duties becomes a trauma of sorts, and a shifting of tectonic plates.  Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset, is an option one should take when once the notion of value, time, priorities and the interruption of calendric rhythms has been evaluated.

In the coming year, there will be moments of clarity and insight, when it becomes obvious that one’s body is attempting to convey a warning, or where the cognitive deluge of despair blares a clarion call for the quietude of yesteryear, when the chains of time were but a hollow echo whistling in the cavernous dark of unknown depths.  The coming year will tell when it is time to file for Federal Disability Retirement.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: Loss of Identity

It is often the fear of losing one’s identity which prevents one from moving forward and doing what one must, what one should, and what one needs to do in life.

For some, it may involve the complexity of human interaction and involvement with people; for others, a sense of accomplishment and goal-oriented tasks; but for all, the identity of self developed through reputation, interaction, subjectively-held viewpoints and objectively-determined statements of fact: “others” see you as the Federal Air Marshal, the Auditor, the Mail Carrier, the Electronic Technician, the Air Traffic Controller, the Budget Analyst, the Attorney-Advisor, the Administrative Officer, and a multitude of other identifiable positions which grant to the Federal or Postal employee a defined role in the mission of a Federal agency or the U.S. Postal Service.

It is precisely that objectively-applied identity, developed through years of self-identification combined with being defined by others, which in their cumulative aggregation, forms the knowledge of self over the years.  Such an identity becomes threatened, however, when loss of position becomes a reality in the fact of a medical condition which begins to prevent the Federal employee or the Postal worker from continuing in the role of the defined position.

For Federal employees and Postal workers who discover that the intersection of life’s misfortunes cannot be fully resolved in favor of what one wants, but must consider what is needed and required, the realization that loss of identity often raises the specter of roadblocks preventing the building of necessary steps, which then results in procrastination and greater loss due to delay, is a daily encounter with contradictions and conflicts which cannot be compromised.

Filing for Federal Disability Retirement benefits, for the Federal employee or Postal worker who is under either FERS or CSRS, is a necessity mandated by circumstances beyond one’s control. It is when a medical condition begins to impact one’s ability to perform one or more of the essential elements of one’s Federal or Postal job, that consideration needs to be given to filing for disability with the U.S. Office of Personnel Management.

The fear of loss of identity-through-job is ultimately an imaginary one, and one which belies the true essence of a person’s identity. One can get caught up in the “mission of the agency” or the camaraderie of corporate functions; but in the end, but for one’s health, very little retains meaning or significance; and to sacrifice one’s health for a bureaucratic entity which will survive long after one’s life, is a folly encapsulating tragic proportions.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement: A Wrong Sense of Shame

Having a sense of shame can reveal a heightened level of moral superiority; but as with all things emanating from the Good, those who lack a sensitivity to propriety will take full advantage of a misguided loyalty to ethical conduct.  Work and a duty to one’s vocation is a guiding principle for most Federal and Postal employees.  That is precisely why filing for Federal Disability Retirement benefits, whether one is under FERS or CSRS, is anathema to the Federal and Postal employee.

The committed Federal and Postal employee often has a warped and misguided sense of his ethical duty to work, and will allow for a medical condition to continue to exacerbate and debilitate, at the expense of one’s deteriorating health, all for the sake of commitment, devotion, and high ethical sense of duty to one’s mission for the agency.

Supervisors and managers recognize this, and take full advantage. But the Federal and Postal employee must by necessity understand that Federal Disability Retirement is a benefit accorded to all Federal and Postal employees precisely for the underlying reasons offered: When a medical condition impacts one’s health such that one can no longer perform all of the essential elements of one’s job, the benefit of Federal Disability Retirement is meant to be accessed precisely because it has always been part of the benefits package for all Federal and Postal employees, whether under FERS or CSRS.

Commitment to a mission is indeed commendable; blind devotion at the expense of one’s own health is somewhat less so — unless one counts the sneering approval of agencies who see such sacrifices as mere paths to the slaughterhouse.

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

OPM FERS/CSRS Disability Retirement: The Temptation of More

It is similar to the proverbial truth of the “straw that broke the camel’s back”; or of the wise commoner who saved the king’s daughter from drowning, and who was offered a bounty of rice, to which he proposed the following: on each square of the chessboard, a doubling of the number from the previous square.  The temptation of the exponential factor is almost always unable to be resisted; that is the converse principle by which we live: by adding one (we are told), it will make our lives less complicated (so we believed).

Technology and the addition of each innovation would buy us more leisure time; work and stress would be lessened, because the salesman persuaded us that it would be so.  And so we have become accustomed, attuned, and trained to think in a linear, progressively upward trend; that the more we accumulate, the happier we will become, until one day the economics of aggregation become so burdensome that the weight of all of those additional threads of straw pile upon us with ever-growing pressures of daily living, and the salesman who sold that last gadget has walked away with the sack full of rice, content to have saved our lives (or laughing all the way to the bank with a knowing grin).

It is the conditioning of a cumulative-based society.  And, of course, when the burden is further exacerbated by a medical condition, such that the medical condition impacts one’s ability to remain at the same purchasing power of economic viability, we are willing to sacrifice our health for the sake of more stuff.  For the Federal and Postal Workers who have dedicated their collective lives to furthering the mission of one’s agency, it is often a little more complex and complicated than just the economic issue; it is entangled with a sense of self-sacrifice, and a loyalty tending towards irrational discourse.  Perhaps this is a natural course for things; perhaps it is “the mission” which first tempted and attracted the Federal or Postal Worker to begin with.

In any event, Federal and Postal Workers fight to the end before contemplating filing for OPM Disability Retirement benefits, and often to the detriment of one’s own health.  Federal Disability Retirement benefits are there, however, for the 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. Whether under FERS or CSRS, it is ultimately filed with the U.S. Office of Personnel Management.

While it is an annuity which will reduce the purchasing power of the Federal or Postal employee, the question which all Federal or Postal employees must ask is the following: What is the priority of one’s life, and at what point in our lives did we come to believe that acquiring things were more important than life itself?

Sincerely,

Robert R. McGill, Esquire

 

Federal Worker Disability Retirement: Banners and Slogans

It is indicative of a society, its values and ethical underpinnings, reflected in accepted public slogans and banners.  Habits are formed by repetitive acts performed first with some thought, then subsequently on automatic pilot.

Each of us walks around with a complex web of intricate belief systems developed over many years; rarely can we penetrate beyond the veil of slogans and banners, for they make up the majority of our consciousness.  That is why it is rarely fruitful to engage in debate; our preset ideas are intractable and unable to be altered; we remain who we are, what we believe, and why we stand for things as they are.

When was the last time you witnessed a debate or discussion resulting in the admission of one or the other of the participants with a declaration of a changed outlook?  To hold fast to an opinion is somehow a virtue, even if one is frightfully wrong.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition may necessitate filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the obstacle preventing one from initiating the necessary steps will often be the very psychological barrier which is deemed to be a virtue.

Hard work and sacrifice at the expense of one’s health is held up to be a virtue to applaud; but at some point, such an intractable outlook becomes merely nothing more than stubbornness, and even the grandest slogan of bureaucratic thoughtlessness would admit that stubbornness is not an attractive character trait to retain.  At some point, the world of sloganeering and banners tooted about the “mission of the agency” must be overcome with the self-understanding that one’s mental and physical health is paramount; otherwise, automatic piloting will negate the need for human control.

Filing for Federal Disability Retirement benefits, whether under FERS or CSRS, is a necessary component for self-preservation for those Federal and Postal employees who are suffering from a medical condition such that the medical condition prevents one from performing one or more of the essential elements of one’s Federal job.

Setting aside the societal banners and slogans which impede good judgment may be the first step in the process, and is often the greatest obstacle to overcome.  For, one’s education is often comprised of being soiled with the residues of social experimentation, and in that sense, we are mere guinea pigs in service to others.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Perspectives

From the perspective of the Federal agency or the U.S. Postal Service, once the information is received that the Federal employee or the U.S. Postal employee has filed for Federal Disability Retirement benefits from the U.S. Office of Personnel Management — or is contemplating filing — such an individual is seen merely as an obstacle to a positional slot on a piece of paper:  presently taking up space, but no longer a vital piece, leaving aside a piece of any kind, to the organization.

Perspectives are peculiar animals:  they formulate from a specific angle and motive, and rarely attempt to empathize from a differing aspect.  Thus, whether a Supervisor has been supportive for many years often becomes an irrelevancy when a Federal or Postal employee informs that Supervisor that he or she is contemplating filing for Federal Disability Retirement benefits.  Such a supportive attitude and approach was based upon a perspective involving the employee’s long-term involvement with the organization; such a perspective can quickly and irreversibly change once information is received that the Federal or Postal employee is no longer a part of that long-term goal.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the Federal Agency or the U.S. Postal Service will be informed of such filing; the question of the appropriateness of informing the agency prior to the actual filing, is a discretionary issue with the employee.  Normally, unless a compelling reason exists, inasmuch as the Federal agency will be informed upon the actual filing, anyway, there is little reason to “pre-inform” the agency.

Perspectives change; changed perspectives can result in sudden actions which may be detrimental; anticipating a changed perspective can be a tenuous endeavor, especially when it comes to filing for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire