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

The Ritualistic Void Found in Postal and Federal Employees Who Continue Working in Jobs That Further Deteriorate Their Health

It is precisely the repetitive identity which provides for comfort.  Thinking is an endeavor which requires effort; ritualistic actions require merely attendance and presence, and the mechanical motions of responding.  When the mind becomes bifurcated from the task at hand, whether from being “lost in thought”, ruminating upon problems afar, or disengaged because one is contending with physical pain or psychiatric anxieties and lethargy, ritualism becomes a zone of comfort because the physical body can engage while the mental processes can embrace a parallel universe.

This ritualistic void is often what becomes of work when a Federal or Postal employee suffers from a medical condition, such that this health condition begins to prevent one from performing one or more of the essential elements of one’s job.  How long one can continue in such dualism of actions is often dependent upon the type of Federal or Postal job which one holds.  Being a Letter Carrier or a Mail Processing Clerk while in progressively agonizing pain will often compel a stoppage of work, precisely because the pain directly and intractably interferes both in the physical actions of ritualistic behavior, as well as in the dissociative mind to deal with the pain.  Office and computer work can sometimes delay the inevitable.

Filing for Federal Disability Retirement benefits for the Federal or Postal employee, whether the Federal or Postal employee is under FERS or CSRS, is a decision to be made resulting from the cessation of the ritualistic void which occurs.  Federal Disability Retirement is a benefit accorded to all Federal and Postal Employees, and is filed through the U.S. Office of Personnel Management. When the tripartite coalescence of work, health and capacity begins to crumble and disintegrate, it may be time to reassess the ritualistic void presented by a job which no longer offers significance and meaning, but further contributes to the daily deterioration of one’s health.

Sincerely,

Robert R. McGill, Attorney

 

Postal and Federal Disability Retirement: The Tough World in Which We Live

We have little patience for puppies who are slow to learn; less time for platitudes of “How are you?” or to fully enjoy a chance meeting of someone whom we haven’t seen for a while; and none for the troubles of those we are not acquainted with.

It is a tough world in which we live.

Yes, the history of this society has been one in which tradition is naught and courteousness is merely a bypassing thought, dominated by the continual need to succeed and acquire the material comforts of life.  Immigrants came here, abandoning the history and traditions of the “old country”, knowing that the new beginning would be a void without depth, but one which accorded an ability to make a living.

For the Federal and Postal Worker who quietly suffers from a medical condition such that the medical condition impacts one’s ability to perform the essential elements of one’s job, the magnification of the harsh world becomes apparent through the reactionary indifference of fellow coworkers.

No, it is not a mere coincidence or oversight that the bond of camaraderie has been severed; no, it is not an accident that even platitudinous greetings are ignored; yes, it is the reality of the harsh world in which we live.

It is thus time to consider filing for Federal Disability Retirement benefits, whether under FERS or CSRS, and to seek a new beginning, a new vocation, and a life thereafter, by proving one’s case before the U.S. Office of Personnel Management.

Sort of like being an immigrant.  Or a puppy who needs a patient master.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Testing a Relationship

If the advent of a crisis is a true test of a relationship, then the satisfaction of an ongoing need in response to the crisis is the harbinger of sincerity.  Testing the relationship is often the secondary trauma one must experience in life; for, the feeling of isolation which often accompanies a crisis — that sense that no one else can fully understand the experience; that others, while empathetic words of condolences may be uttered, can always seek the refuge of their comfortable zones of privacy and go on with their lives — is further exacerbated by the island of singularity which one recognizes in the face of finding one’s self in the the human condition of crisis.

For the Federal and Postal employee who suffers from a medical condition, such that the chronicity and progressive decline of that medical condition impacts one’s ability to perform all of the essential elements of one’s job, the testing of relationships must necessarily occur.  The test of that doctor-patient relationship, to see whether and to what extent one’s longstanding treating doctor will support the need for Federal Disability Retirement; the test of the worker-to-coworker relationship; the employer-employee relationship; they all become tested, to observe their elasticity, their durability, and their sincerity.

Fortunately, it is not one’s own agency which makes a determination on a Federal Disability Retirement application, but rather, a separate, independent agency — the U.S. Office of Personnel Management.  But one’s own agency is required to complete certain portions of a Federal Disability Retirement application, and those required parts will also be a partial test.  For the Federal and Postal employee who must endure the crisis of a medical condition, Federal Disability Retirement is a process which will test many things — not the least of which will involve who were and are one’s true friends.

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

OPM Disability Retirement: Mechanization, Automation & the Lull of Conformity

Locke and Rousseau both recognized the necessity of the individual human being to enter into civil society in order to escape the theoretical “state of nature” for self-preservation, and once within, conformity to societal norms and orderly constructs became a natural force in the progressive evolution of civilization. But social order need not mandate conformity of a thoughtless drone or loss of creativity.

The term itself — “drone” — is an interesting one. For, in its general usage, it meant a sense of drudgery or monotony; or, in a specific sense, a male, stingless honeybee which produced no honey, and thus a less-than-full entity; and in more recent usage, a non-human, destructive craft, devoid of thought or moral compass.

Social conformity which gave rise to automation and industrial mechanization, has produced a populace given to thoughtless action.  Such conformity, perhaps, is useful; for in a world requiring bureaucratic patience, one is left with no other choice but to wait upon a long and onerous administrative process.

For the Federal or Postal employee who must submit to the long, bureaucratic process of filing for Federal Disability Retirement benefits, whether under FERS or CSRS, the conformity to standard forms, the patience required for the long wait, and the necessity to comply to the rules governing eligibility, legal standards, etc., is part and parcel of the social structure.  We are trained to comply; and with no other choice but to go to the singular Federal Agency, the U.S. Office of Personnel Management, it is best to try and prevail in the most effective and efficient manner possible, inasmuch as there really is no other choice in the matter.

Locke and Rousseau were right; self-preservation requires the escape from the state of nature; what we are left with, is the U.S. Office of Personnel Management — the penultimate reflection of a civilized and advanced society.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: The Runt of the Litter

It is interesting watching the behavior and interaction between the runt of a litter and the rest of the “healthy” puppies.  The runt is cast aside; the others, for no apparent reason other than because he is a runt, will focus upon the weakling and mercilessly attack him and take advantage of the vulnerabilities and weak spots.  For the runt’s part, it is a test of endurance and survival, and perhaps it is the very isolation and aggressiveness from others which tests the prospects for survival.

We humans like to think of ourselves as (to paraphrase Shakespeare), far above such animalistic behavior, and closer to the angels of heaven in our demeanor and virtues.  But in engaging the process of preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, from the U.S. Office of Personnel Management, it is clear that we are not far from the “runt-behavior” and the target of Federal agencies and the U.S. Postal Service.

Loyalty and camaraderie prevails on the surface so long as everyone is healthy; once a medical condition is revealed, the behavior of the aggressors manifests to the forefront.  Agencies comprise a collective and organic whole in their behavior and treatment of employees who exhibit a medical condition requiring the filing of a Federal Disability Retirement application.  Once the medical condition becomes apparent, and begins to impact one’s ability/inability to perform the essential elements of one’s job, the test of survival begins.  Empathy, a somewhat human quality, rarely prevails; and laws and rights must be invoked.

Think about it this way:  Do angels need laws to regulate their behavior?  Yet, human beings must have laws, and a vast abundance of them in order to ensure the protection of disabled individuals.  FERS & CSRS Disability Retirement is fortunately a compensatory system which provides some protection for Federal and Postal employees; and it is a system based upon laws — ones which are necessary to protect the runts of the world.

Far from being angels, we are closer than we think to the pack of dogs who wait patiently to see who the next runt is, and which one can be attacked.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: Discretionary Proprieties

One can know a friend for decades, but catch him or her at the wrong time, and be the recipient of a reaction which astounds and confounds.  In everyday life, most of what we do is based upon a routine of habit.  We may rearrange the deck of chairs by doing X chore before tackling issue Y, but for the most part, our lives are set within the confines of a comfortable routine.  And that is probably a good thing; for, as order and continuity allows for a peace of mind, so a set routine provides a sense of comfort and security.

How we deal with disorderliness and chaos, however, often determines whether the comfort of a routine was ultimately healthy for us.  Confronting a sudden emergency; having a medical condition which interrupts our formulated goals; asking for support from others when a need arises — those are the life “tests” which separate our friends from all others.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the sudden need to garner extraordinary support (and the term “extra-ordinary” is applicable precisely because it requires actions out of the ordinary course of people’s lives) from others — family members, agency personnel, doctors, etc. — will test one’s patience and confidence in one’s fellow man.

In trying to get the support of others, one must use one’s sense of discretion and propriety — of the right time and place — by sensing how to approach each.

The old metaphor of a “bull in a china shop” will often apply.  For the Federal or Postal Worker, the “bull” is the Federal or Postal worker who needs the support; the china shop is represented by all others.  The trick is to walk softly and carefully, and with great tact.  In doing so, remember that you are disrupting the comfortable routine of others.

Sincerely,

Robert R. McGill, Esquire