Tag Archives: the plight of the injured and disabled working in some federal positions

OPM Disability Retirement: Concealment through Repetition

It is often through mindless repetition that concealment of truth can be accomplished, and with insidious efficiency.  For, repetition of tasks; redundancy of toil; convenience of engagement in life’s duties and obligations without thoughtful input; these can all be performed in monotonous automation without the participation of the one true essence of human uniqueness and identity:  the creativity of thought.

Life sometimes deadens the soul; or, more accurately, it is we who, as the gatekeeper of sensory impressions which bombard us daily, allow for the toxicity of life to invade and destroy.  Of all moral failings, however, one of the greatest is to allow for the mundane to conceal the truth.  That is often what the human toil of work allows; for, when a medical condition, whether physical or psychiatric, creeps in subtle hiding but progressively deteriorates and eats away at the body or soul, the desperate need to hide behind the mindless repetition of work allows for a semblance of mundane continuation of daily routine, and to trick the mind into thinking that all is well.

It is tantamount to the Maginot Line which the French had erected, consisting of fortifications, armaments and weapons’ placement in anticipation of an outdated strategy of waging war:  it provided a semblance of security, and allowed people to mindlessly live life.

For the Federal and Postal employee who suffers from a medical condition, such that the medical condition begins to prevent one from performing one or more of the essential elements of one’s Federal or Postal position, the refuge behind work; the responses to agency actions of retaliation; the prolonging and procrastinating of the one true essence of necessity — of filing for Federal Disability Retirement benefits in order to attend to one’s health — allows for the repetition of monotony to conceal the singularity of focus which is required to move forward.

Filing for Federal or Postal Disability Retirement benefits, whether under FERS or CSRS, is not the “be all or end all” of solutions; but it unravels a truism which prevents inertia of creativity, by allowing one to secure an annuity for the future, and to go back to the foundation of human essence: health, creativity, and the discarding of the repetition of the mundane.

Sincerely,

Robert R. McGill, Esquire

The Basic Question Of “What?” during the Federal Disability Retirement Application and Process

“Why” evinces a quality of curiosity, and perhaps of disbelief; “who” indicates a need to establish an identity and source; “how” demonstrates a pragmatic approach in determining a future course of action; and “what” reveals the yearning to unravel the foundations of basic principles, as in Aristotle’s methodology in his Metaphysics.

Before the first storyteller or shaman put on a mask to enhance the mysteries of healing and divination; long before the wide-eyed children gathered with the adults around the village center where the bonfire roared with flickering shadows of unknown powers beyond the periphery of the fireflies beaming in the distant darkness of dangers beyond; and well preceding the written account of human history, where anthropology and narrative fantasy melded to provide reminiscences of prehistoric days created in the imaginations of youth, the question of “what” was uttered in innocence.

What is the meaning of X? What happened? What makes a thing become itself? What is the essence of being?  Thus for any entrance into a fresh endeavor, the human need for satisfying the “what” of a matter is the prefatory step towards progress.

For the Federal and Postal Worker who is contemplating filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, the initial question might be: What constitutes a “disability”?  In that question is the key which often opens wide the conventional confinement which so many people are locked into.

For, in the traditional sense, the focus of the answer to such a question is contained in the definition and diagnosis of a medical condition.  For FERS and CSRS Federal Disability Retirement, however, the expansion of the answer goes well beyond the strictures of a diagnosis.  It is the nexus, or the connection, between the medical condition and symptoms, on the one hand, and the positional requirements (whether physical, mental or emotional) of one’s Federal or Postal work, which establishes the answer.

Once the Federal and Postal employee gains an understanding of this differentiating concept, then the doors open wide beyond the confinement of OWCP benefits or Social Security Disability benefits.  Thus does one approach Federal Disability Retirement with trepidation in asking, What qualifies as a disability?  For, contained within the question is the implicit and unspoken answer: such a query already implies a problem, and the problem likely is an impact already being felt upon one’s inability to perform one or more of the essential elements of one’s positional duties of one’s Federal or Postal employment.

As with the first causative rumblings deep in the consciousness of one’s soul, as a child first begins to question the complexity of the universe surrounding the inner self of the “I”, the question uttered alters the relationship between the being of “I” and the objectivity of “others” in a perplexing world of unanswered questions; but in the end, the “what” is a first step, and so it is also for the Federal and Postal employee who is considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether you are under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: The Cold

“Cold” is a word with multiple meanings.  It can refer to the temperature of one’s environment; an infectious malady of common origins; or the emotional unresponsiveness of someone.  It can even be an adverb delineating the complete knowledge or mastery of a subject, as in, “He knew it cold”.

But temperatures can be countered; common colds have multiple remedies (though one wonders if any of them are effective, as opposed to bed rest and drinking fluids); and the adverb form is merely an informal allowance of language in a vernacular left for the younger generation.  We are thus left with the state of emotional paralysis — identified in one’s own being, or in another.

For the injured or ill Federal employee who is filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, such an appropriate identification of the concept and definition related to the emotional reaction (or lack thereof) by one’s own agency and one’s co-workers should be expected.

While it is a welcome and unexpected surprise if one’s agency and co-workers respond otherwise, it is simply the nature of human beings to respond with a herd mentality, and for the most part, once the Federal or Postal employee reveals the intention to depart from one’s agency, the common response is one which can only be characterized as “cold”.

Why must it be this way?

There is no adequate explanation.  But for the Federal and Postal employee under FERS or CSRS, who has had to endure the often unthinking bureaucracy of the Federal Sector, such lack of warmth merely exacerbates the dire situation of one who suffers from a medical condition which necessitates filing for Federal Disability Retirement benefits.

It is, indeed, a puzzle; for in the harshness of winter, where the cold winds blow, the emotional coldness of one’s workplace is somewhat akin the common cold — a nagging sense that something has gone awry, but most Federal and Postal employees know that cold, anyway.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement: The Calendric Term

The marking of a calendric year, and its end, is traditionally recognized by an enthusiastic celebration embracing drinking, noise and a quantity of hugging and kissing.  Whether the year contains anything to celebrate is irrelevant (some would say that all years, like puppies and aged whiskey, are inherently precious); and some years are magnified by shaping events which deserve greater recognition and celebration than other years, but it seems to matter not to the participatory celebrants.

For the Federal and Postal workers who suffer from a medical condition, such that the medical condition impacts one’s ability to perform the essential elements of one’s job, the day before the end of a calendric year differs little from the day after and the beginning of a new calendric year.

The pain and medical condition fails to recognize the distinction between the before and after.  It is perhaps well that we celebrate when health, time and opportunity allows; for, our time within the confines of a given lifespan is short enough, and every day can therefore be viewed as a moment to celebrate.

For the Federal or Postal Worker who must contemplate filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, however, the time is often dictated by events beyond one’s control, and must be seen not in the light of sequential days on a calendar, but rather, in light of today and what tomorrow might bring, regardless of the month or year.

Calendric bifurcations of time, seasons and years are meant for the sequential thought process; for others who suffer, each day is measured by what the next day will bring.

Sincerely,

Robert R. McGill, Esquire

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

OPM Disability Retirement: The Pathway out of an Untenable Situation

The sensation of drowning is one which horrifies most individuals; everyone has experienced an event involving being submerged in a body of water, and feeling helpless and without control of surrounding circumstances.  It is precisely that sensation of loss of control — where one’s legs cannot locate a foundation upon which to escape; where the steadiness of firm ground is not there to provide the necessary support; and where the body of water continues to overwhelm, surround, and ultimately overtake; the horror of drowning is thus the proverbial metaphor for trials which one faces in life.

For the Federal or Postal employee who suffers from a sudden onset of a medical condition, or from one which has shown to be a chronic condition which slowly, progressively, and intractably deteriorates one’s physical and/or cognitive functions, the phenomena of drowning as an analogy for one’s experiential encounter with life’s difficulties will not be a stranger.

In such circumstances, one is told to “remain calm”, to engage in physical maneuvers in order to keep afloat, etc. — but to panic is the death knell in such situations.  Such advice is easily stated in the calm of one’s life; when one is in the midst of such circumstances, such sage advice is abandoned for the immediacy of reactionary decisions.  However, if an available option is presented to allow for a solution to an exigent circumstance, it would be a natural next step to accept the “other” proverbial, metaphorically oft-used word-picture:  the life flotation device.

Federal Disability Retirement is an employee benefit for the purpose of providing a base retirement annuity for those Civil Service employees who suffer from a disabling medical condition such that the disabling medical condition prevents one from performing one or more of the essential elements of one’s Federal job.  It is there to provide that foundation for the Federal or Postal employee who is experiencing that drowning sensation within the Federal sector.

Consider it a life-saving flotation device — one which may provide the fertility of the earth in an environment filled with overwhelming circumstances of life’s unexpected encounters — not involving merely the metaphor of water, but all of the sharks which surround us, as well.

Sincerely,

Robert R. McGill, Esquire

 

Federal and Postal Disability Retirement: Respective Positions

The position of the applicant is a uniquely vulnerable one; for, as one who is requesting a benefit from a governmental entity, he or she is essentially powerless to act except in response to the agency’s determination on approving or denying a Federal Disability Retirement application.

There are certain “pressure points” which can be attempted, the efficacy of which is questionable but nevertheless engaged in:  repeated calls (although one may suspect that excessive inquiries may ultimately reflect in a detrimental way); attempted influences via backdoor channels; or perhaps a request for a Congressional inquiry through one’s representative; and other similar methods — some more effective than others.  But it is ultimately the respective positions of the applicant-versus-agency which defines the underlying sense of powerlessness-versus-power; for, in the end, the agency can make any determination it wants, with a basis of rationality or one which issues a complex and garbled statement of reasonings which may not possess any meaningful import as reflected in the law.

The U.S. Office of Personnel Management is a powerful agency which is granted a special position and status — one which is responsible for the administration of retirement issues impacting upon all Federal and Postal employees.  Such a position is indeed one of heightened sensitivity and responsibility; and while the respective positions of the “little guy” (the Federal or Postal employee) as opposed to the “big guy” (the U.S. Office of Personnel Management) comes down to nothing more than individual human beings, it is the status granted to the latter which makes all the difference, and those within the agency should take such a position with the utmost of seriousness and gravity.

Ultimately, most case workers at OPM are doing the best they can with the tools and manpower provided; from the viewpoint of the applicant waiting for his or her Federal Disability Retirement application to be determined, however, that sense of vulnerability — where one’s future is “on hold” until an action is initiated by OPM — is what makes the entire process a frustrating one.

In the end, there is nothing which can change the respective positions of the applicant-versus-agency, until an approval from OPM is granted, and the status of “applicant” is then transformed into one of “annuitant” — at which point, a new set of respective positions are imposed.

Sincerely,

Robert R. McGill, Esquire