FERS Disability Retirement: The Performance Appraisal

It is the system that we have created, a monster which cannot be slain, and the machine that cannot be turned off.  We learn it from an early age — good grades are the foundation for a successful future, and if a teacher has the audacity to give you a lesser grade than what you believe you deserve, call that teacher — harass him or her; file a complaint; heck, file a lawsuit.

In the Federal employment system, performance reviews are often given out like candies — and such reviews can come back to make it appear as if there is nothing wrong.  Managers and supervisors are reluctant to give a “less than fully successful” rating, lest a grievance be filed or a headache ensues; but for the person whose performance has been suffering because of a medical condition which has begun to impact a person’s ability and capacity to perform all of the essential elements of one’s Federal or Postal job, the reflection upon the record when a Federal Disability Retirement application has been filed may have to be dealt with.

The Office of Personnel Management tends to rely heavily — and unfairly — upon performance appraisals, but there is another legal standard which can be applied — that of incompatibility between one’s medical conditions and the positional elements of one’s job.

Consult with a Federal Disability Lawyer who specializes in FERS Medical Retirement Law and discuss the impact of one’s performance appraisal within the complex administrative procedure of preparing, formulating and filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Hunt for Nirvana

The initial question is: Is there even such a state?  That would, of course, preemptively undermine the very “hunt” for it, precisely because it would be an act of futility.  On the other hand, don’t most of us chase after chimeras of various sorts — whether of fame, wealth, lost loves or repressed daydreams?  So, why not hunt after the paradigm of paragon-like virtues — a state of release, of a transcendent experience devoid of self, suffering and selfish self-centeredness; or, as some might say, of a death-like state in living form.  Many would not even have a desire for such a state.

The amalgamation of we “think” is the state of Nirvana is probably quite different from the actual concept as attained or sought after by those who profess a belief in it.  It is the complete loss of self; of a state where one’s ego no longer exists, and with its disappearance, both sides of the human “coin” are also transcended: pleasure and pain.  One cannot go through life without its opposite and corollary: If you are capable of experiencing pleasure, then you are open to feeling pain, just as the person who can have happiness must by necessity tolerate sadness.  It is, unfortunately, part of being what it means to be “human”, and it is an act of futility if you try and expunge one while attempting to retain the other.  It is simply not possible.

For Federal employees and U.S. Postal workers who suffer 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 one’s Federal or Postal job, it is likely time to consult with a FERS Attorney who specializes in Federal Disability Retirement Law.  Preparing an effective Federal Disability Retirement application under FERS is not a hunt for Nirvana; no, not even close.  In fact, it is another bureaucratic morass which can be a pain in the proverbial behind, and is a long and complex administrative process which makes the hunt for Nirvana like a pleasurable vacation in comparison.

Consult with an experienced attorney who specializes and knows about Federal Disability Retirement Law, and leave the hunt for Nirvana to those who like to trek through the Himalayan mountains.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from the OPM: The prosaic life

That is the lot of most of us; yet, the contrast seen in the “entertainment” world is its very opposite.  Does it breed discontent (or malcontent)?  Does the “make-believe” universe that we surround ourselves with actually enhance one’s quality of life?

We not only welcome it; we pay for it, and gladly, so.  What does the contrast do to one’s soul — of watching movies involving fearsome technologies that destroy; of bank robbers, murderers, high-stake gamblers and every character imaginable; of dangers that never result in injury or capture; of adventures beyond one’s wildest imagination — and then, there is the actual life that one lives: Of a prosaic life that is often humdrum, unimaginative, mundane, pedestrian and…boring.

Is it “prosaic” to simply go from high school to college, then to a career, a family, old age and death?  Do we regret the repetition of our daily lives, so unbearably “normal”, such that we embrace this spectator-sport of adulation for the wealthy, over exuberant prostration in paying homage to sports heroes, and the unfettered interest shown towards everything and anything “glamorous”?

Until, of course, our health begins to deteriorate.  Then, suddenly, we wish for the “boring” life of normalcy; of the mundane when we took for granted the things we used to do; for the prosaic life that we once had.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows one to do that which was once taken for granted — being able to go to work consistently; performing all of the essential elements of one’s job, etc. — filing for Federal Disability Retirement benefits under FERS may yet return you to the prosaic life that you now yearn for.

Sincerely,

Robert R. McGill, Esquire

 

 

Federal & Postal Disability Retirement from OPM: The parade that fades

Parades are often forlorn events.  The pomp and circumstance that brings forth the loud serenade of trumpets, drums and cadence of disparate groups; the sequence of human colonnades marching to the beat of rhythmic blares where medals gleam in the glint of sunlight’s twilight; and when the speeches end and the parade that fades leaves but for the leaflets that once announced of its impending arrival, the hearts that once fluttered in anticipation of the marching band that lost its footing may but be a glimmer of tomorrow’s hope.

Parades celebrate, and the participants engage the public eye to put on a show of appreciation, but do they voluntarily come together, or are they merely compensated workers ordered to appear?  And when once the parade fades, what happens to those left behind, of the grieving widows and children left orphaned, and the pinning of medals that sang the mournful hollow of a priceless life?

Other lives march on; it is the forgotten ones that inhabit an earth that continues on in haunting groups of voiceless sorrow, for years on end without the recognition noted but for that singular day on the parade grounds, where glory once revived and then soon forgotten.  Much of life is like that, isn’t it?

Like a parade that is put on, lasts for a day, or perhaps merely a part thereof, and then soon to be forgotten except for memories that are seared with a grimace and graceless utterances of voices once remembered and now merely a fading vestige, if that.  What was the fanfare for?  Do we even remember? What was said in the speech now faded but for glory’s once grand applause?  Do we even care?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition begins to prevent the Federal or Postal worker’s attempt to continue his or her career because the progressively worsening medical condition itself is preventing one from performing one or more of the essential elements of one’s job — the end of one’s career may be likened to the parade that fades.

That sense of belonging; that feeling that life’s cadence included you in the marching band of the colorful parade; of being part of a team, with a sense of coherence and purpose; but like all parades, the day’s end ultimately comes.  Whether you are under FERS, CSRS or CSRS Offset, the sinking feeling that the parade that fades may mean that there is no longer the trumpet’s blare or the drumbeat of life’s cadence is simply a fear within that does not reflect reality.

Tomorrow, the sun will still shine and the birds will yet sing; the grounds will still be there, and preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management is merely changing the venue of where the next parade will be held, thus replacing the parade that fades at the end of this day alone.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The regularity of life

Metaphors abound, of course; of the stream of life, its cadence, likened to a steady march and the cyclical nature wrapped in the repetition of the growing dawn followed by the setting sun.  The regularity of life represents a rhythm and monotony that provides a blanket of comfort (there goes the metaphor, again) that can be extracted from the lack of chaos.

Most of us thrive best within the regularity of life’s monotony; it is the very few who seek and relish the chaos of life.  Some few seek the opposite precisely because they grew up hating the former; and other, the very antonym of life’s challenges, searching always for new adventures and challenges and upending everything in sight because of boredom experienced in some prior stage of life.

Whatever the causes, whatsoever the sought-out means for expression and self-satisfaction, one cannot exist without the other.  It is from chaos that one creates an order (hint: this is not a new notion; one might consult the first book of an otherwise unnamed book that “believers” often refer to); and it is only in the midst of the regularity of life that one can have spurts of its opposite; otherwise, the world of chaotic living could not be identified as such unless there is a contrasting opposite by which to compare.

Medical conditions “need” its very opposite.  Doctors often talk about “reducing stress” as an important element in maintaining one’s health; it is another way of saying that the chaos of life needs to be contained, and the regularity of life needs to be attained.  Medical conditions themselves interrupt and impede the regularity of life; as pain, it increases stress; as cognitive dysfunctioning, it interrupts calm.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the very fact of the medical condition itself can be the impeding force that disrupts and interrupts the regularity of life; and the chaos that ensues often necessitates an action that returns one back to the regularity of life.

Preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the first and necessary step in bringing order back into an otherwise chaotic-seeming mess.

It is, in the words of some “other” source, to attain the regularity of life from that which had become without form and void.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Skewed Perspectives

Static constancy is never a certainty; even those things which we would bet our lives upon, change with the cultural winds of time.

Sports phenomena we once marveled at, now considered to be “immoral” to view as entertainment, as voluntary brutality and concussions resulting therefrom reflect our relative lack of empathy and humanity; the ravages of time and the images of heroes in old age who totter between dementia and decrepit shadows of a hollow former self; do we see in them the future of ourselves, and fear that if we applaud such former feats of gymnastic fluidity and beauty of ballet, we may end up like them in nursing homes smelling of formaldehyde?

Or is it that the disharmony between what we remember of their once-favored status conflicts with our image of civility and symphony of time?  Football and boxing, like the old Roman coliseums of yesteryear, will they fade into the passing glories as gladiators and spectacles of public hangings once foreshadowed?  Or, is it that cultural values change, are malleable, and shift with the tides of opinions and public shame?

That is the macro scale of life in America; on the micro scale of things, medical conditions tend to do the same thing:  the change in one’s personal universe, the outlook upon perspectives once maintained, they all bend like the proverbial willows of rustling prairies, where the arctic blast which pushes the rogue bison to seek the protection of the wandering herd bellows from harkened cries of alarm to survive.

Life is rarely as bad as we feel, and never as good as we imagine; that is a truism which allows for the maintenance of the balanced perspective.  Loss of constancy and stability often follows from a trauma unwanted and unasked for; the Federal employee and U.S. Postal worker who suffers from a medical condition must suddenly suffer the fool for society’s uncaring ways.  The potential loss of job; the ostracized Federal or Postal worker — not through fault or inaction, but merely because one has been hit with the misfortune of a medical condition.

Again, is the treatment rendered because the Federal agency or the U.S. Postal Service sees such an individual as a threat, as acceptance and embracing of such a condition would mean that everyone affirms the future of one’s own fragile and delicate universe?

For the Federal and Postal worker who suffers from a medical condition, the solution remaining is often to prepare, formulate and file an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset.

It is not that, given half-a-chance, you wouldn’t be able to continue performing in the career of your choice; you would.  It is that, if the agency or the U.S. Postal Service were to attempt to accommodate you, or to provide leeway and reveal a level of compassion and empathy, then it would mean an admission of the deep-seated fears and open the proverbial floodgates of doubt and error.

To embrace the disabled work on the micro scale of life, would be to admit to the callous nature of one’s being on the macro level of culture; football, boxing, gladiators of yore, and the shunning of disabled workers are all likened to the populous who once suffered the ostracizing disease of leprosy.  Skewed perspectives, indeed, as culture never follows the linear path of legitimacy, but drags people screaming and kicking despite themselves.

In the end, one must act beyond mere perspectives, and for the Federal and Postal worker who suffers from a medical condition, such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s positional duties, the pragmatic step in preparing an effective Federal Disability Retirement application is the singular act of courage to step beyond the macro-skewed perspective of cultural malleability, and to assert one’s right to attain that level of security on the micro path of viability, as those gladiators of yesteryear failed to conquer.

Sincerely,

Robert R. McGill, Esquire

 

Early Medical Retirement from Federal Employment: Setting up the Parameter of an Argument

What we argue depends upon identifying the criteria already established, which is why arguments will often become prolonged engagements of meandering shouting matches, thrown at cross purposes, never agreeing to disagree upon the elements which represent an actual conflict.

How many wars have been fought because of a simple failure in identifying the issues; how many costly divorces originating from misunderstanding and loss of communication, and who suffers but the collateral damage issued to non-combatants who must witness the devastation wrought more by ego than by elevated principles worth contesting?

The parameters themselves can be manipulated, such that we can “require” things unnecessary, and “mandate” prerequisites never called for.  That is how individuals can perform the proverbial act of “kicking the can” down the endless road, by talking about issues which rarely matter, but somehow confuse the mind without rational forethought.

For Federal employees and U.S. Postal workers who are contemplating filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, there are many ways to delay or cease the necessary starting points even before you begin, because of the many difficulties and roadblocks which must be faced — the least of which is certainly not the medical condition itself.

In the end, such mechanisms of procrastination can be understood in light of fear, angst and foreboding dread; the fear of the unknown, the angst of change, and the foreboding dread of losing one’s place in society, the work force, and the belonging to a community of Federal or Postal workers.  We can always dredge up a reason for not; it is in doing that our acts justify our unmatched words.

In the end, the parameters we set for ourselves are merely window dressings for delaying the inevitable, and so when next the excuse to not engage comes to mind, simply replace it with a more mundane reason, like when Meursault referred to the bright sun as the justification for his acts, as well as the prosecutor who denounced it because of his lack of empathy for his dead mother.

Sincerely,

Robert R. McGill, Esquire