Tag Archives: two choices left for a disabled federal employee: further deterioration of a medical condition or federal disability retirement

Federal Employee Disability Retirement: Life Choices

We all have to make them; and though we may alternatively want to curl up into a fetal position and wish the blunt world to stop bothering us, the decisions we make, and take responsibility for, reflect the state of maturity which binds us to age, experience and level of moral maturity.  It is, to a great extent, a superficial and shallow connotation and reference point; for, as the inevitability of choices to be made result from living in circumstances of our own making, so to imply that there is anything “substantive” in speaking about them undermines the very relevance of implication itself.

To live is to be confronted with daily choices; only the dead remain silent and require not the paths to pick.  Thus do mundane and pithy sayings originate.  Life is full of choices; the choices we make in life determine the future course of events yet indeterminate, but somewhat foreseen and predictable. Often, we avoid them not because of consequences untold, but for knowing the folly of our decisions.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition foretells of impending signs which the Federal agency and the U.S. Postal Service have, or will, impose and initiate, the time to begin preparing one’s Federal Disability Retirement application is “now”.  Yes, the Federal and Postal employee has up to one (1) year to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, in order to meet the Statute of Limitations for filing an OPM Disability Retirement; but as it often takes many, many months to prepare, submit and get an approval from OPM, so the decisions we make today will have future consequences untold but foreseen if choices are not embraced in a timely manner.

Life presents many choices, alternatives, and lists of items like entrees on a menu; but in the end, the choice made means that when the plate of food arrives, a check for payment will follow soon afterwards, and it is the expectation of the price to be satisfied which should prompt and motivate any decisions of delay for the Federal or Postal Worker who intends on procrastinating in the preparation, formulation and filing of a Federal Disability Retirement application through OPM, whether the Federal or Postal employee is under FERS, CSRS, or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement from the U.S. Office of Personnel Management: A Choice of One

A choice of one is not a choice at all, except in comparative contrast to the state of affairs one is left with. In life, however, that is often the only viable option offered: Either to remain in an unchanged state of being, or to adopt another set of circumstances which may offer only a limited attraction of availability.

But in choosing the alternative option in comparison to one’s present state of affairs, the evaluative process should not be frozen in present-time analysis; rather, if the given option allows for greater future promise and flexibility, as opposed to the current situation which may retain little to no hope for the future, then the qualitative attractiveness of the “other” may be of exponentially greater value.

One must always take care that one is comparing the valuation of items within a set of choices in terms of qualitative comparability; thus, the old adage and admonition of “comparing apples to apples, and not to oranges”, applies both in terms of substance, as well as future potentialities.

For Federal and Postal employees who suffer 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 job, the “choice of one” is often what one must confront. For, not filing for Federal Employee Medical Retirement will ultimately lead to separation and administrative termination. Or, one may simply resign from one’s Federal or Postal job, and walk away with nothing. Neither of the two previously-stated “options” are viable or rationally sound ones.

Thus, for the Federal and Postal employee who is suffering from a medical condition which impacts one’s ability/inability to perform the essential elements of one’s job, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management becomes the “choice of one”. But it can still be considered a viable and fruitful choice, precisely because it accords a relative state of stability for one’s financial future, and further, it allows for the Federal and Postal employee to seek other employment in the private sector, and make up to 80% of what one’s former Federal or Postal position currently pays, and still retain the Federal Disability Retirement annuity.

Not all options offered are equal. An ice-cream stand which offers only one flavor makes a limited presentation of attraction; but if the inner core of the singular flavor contains a mystery of hidden bursts of multiple sensory explosions which enhance the salivary delights of the customer, then you suddenly have a greater choice than merely a choice of one.

Sincerely,

Robert R. McGill, Esquire

The Admixture of Incremental Deterioration of Health Conditions While on Federal Employment

Destruction rarely comes as a sudden, tumultuous event; that is why tornadoes and hurricanes are noteworthy news items.  Instead, it is the slow rot of incremental deterioration which represents the commonplace thread of destroying lives, sort of like the metaphorical water torture where the progressive drip of each drop of destructive degeneration defines the dilapidation of deferred degradation (have we now engaged in enough alliteration to satisfy one’s amusement?).

Life itself is complex; filing for Federal Disability Retirement benefits must contend with such complexities, and it is often prudent to “separate out” the admixture of various issues in order to arrive at the best decision for each particularized life and circumstances.  Like splitting a cluster of atoms, separating a neutron can result in an unexpected implosion if one does not have a clear path and exit strategy, including having full knowledge of the consequences potentially resulting from each action engaged.  To the extent possible, one should never begin a bureaucratic process without knowing the resulting impact, whether foreseen or unforeseen.

The decision to file for Federal Disability Retirement benefits with the U.S. Office of Personnel Management by the Federal or Postal Worker, whether under FERS or CSRS, can never be taken in a vacuum; the medical condition may have had its inception several years before; the agency may have undergone multiple changes of supervisors, where previous bosses signed off on liberal use of SL, AL & LWOP; where travel was curtailed with a wink-and-a-nod, and a loosely-held network of implicit understandings allowed for continuation in a position despite one’s inability to perform all of the essential elements of one’s job.

Then, one day, in walks a fresh face, and the other side of humanity suddenly disappears.  Complaints are whispered, or perhaps even officially filed as an EEO suit.  Stress levels are increased, and suddenly medical conditions which were previously managed and quietly maintained flare up into major impediments and life-events bordering on crisis and turmoil.

One must understand, however, that the progressive and incremental deterioration was always in existence; it is precisely because of the slow, almost imperceptible nature of the rotting which was occurring, that few noticed.  Federal Disability Retirement is often the most prudent exit strategy in solving the problem of the incrementalism of havoc wrought by years of aggregated difficulties.

The first step in the process of preparing to file a Federal Disability Retirement application, however, is to sift and separate the relevant from the ancillary, without unintentionally splitting the proverbial atom, and to recognize that the crisis point is less of a singular event, and more likely a flashpoint resulting from years of neglect.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Workers: Once upon a Time

Once upon a time, there were great “causes” for which people fought to live for; evil empires which desired domination and for which the world went to war; liberties denied and suppressed, resulting in meaningful mass protests; and in the microcosm of individual lives, hope for a future and a better tomorrow, for which people married, had families, and strove for stability.

In today’s world, the opposite seems to prevail; the news is replete with trivial reasons to exit life; if one is turned down when a prom invitation is issued, it is a basis for an outrageous reaction; assertions of hurt feelings can be the foundation for court filings declaring a violation of rights; and when a society mandates the importance of rights over courteous behavior, the crumbling of foundational structures is not too far from a once-distant and dark future.

The famous and classic book by Harper Lee encapsulates the contrast of great and small troubles; of a microcosm reflecting larger issues worthy of consideration; but always, there was a sense that tomorrow would bring about a brighter future.  In it, Atticus speaks of the idea that one can never quite understand another unless one walks in his shoes, and looks at things from the other’s perspective.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition impacts one’s ability to perform the essential elements of one’s job, such a sense of the world is a well-known commodity.  All of a sudden, one becomes a pariah, when one may have been that shining star just a month before.

Federal Disability Retirement benefits are available for Federal and Postal Workers who seek a brighter tomorrow, and for whom greater causes still exist. That is why the benefit allows for the potential and possibility of the Federal Worker to seek other employment and a second vocation; for, Federal Disability Retirement benefits recognize the worth of the individual, and the fact that there is life after the devastating effects of a medical condition which may end one’s Federal or Postal career.

One may laugh at such notions, or have the cynical view that Federal Disability Retirement is merely one of those benefits for which the Federal government is giving another proverbial “handout”; but the fact is, like Atticus Finch in the classic novel, To Kill a Mockingbird, there is always a brighter future for every generation, no matter the despair one may feel at any given moment in history.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Mourning for Things We Never Knew

We often reminisce for things we never knew, but imagined we once had or hoped to have; of small towns and neighborhoods where caring concern characterized a sense of community and belonging; or perhaps it was from our remembrances, formed and solidified from old television shows we grew up with, when once innocence of times of yore remained with us to form dreams of a brighter future.

Health and monotony tends to have a similar effect. The former, because we take it for granted; and the latter, because we mistakenly believe that crisis equals excitement, when in fact security of daily living without eruptions of emergency management is the quietude which most of us seek, though we fail to appreciate it.

For the Federal and Postal employee who suffers from a medical condition, the times of yore when a life without pain is barely remembered, and where the lingering effects of an extensive medication regimen was once comprised of a single multivitamin pill, the thought of wanting to return to a “time prior to” is often at the forefront of daily reminiscences, and constitutes the limited hope for the future.

At some point, however, as medical conditions continue to deteriorate, and as the surgical interventions, palliative medical procedures and list of countermanding medication regimens increase in volume and expand in extent, it becomes clear that the impact upon one’s attempt to maintain an appearance of normalcy can no longer be tolerated.

When the Federal or Postal employee’s medical condition impacts one’s ability to perform all of the essential elements of one’s positional duties, it is time to consider preparing the steps to formulating a Federal Disability Retirement application.  Such a Federal Disability Retirement application must be ultimately filed with the U.S. Office of Personnel Management, and because the waiting process can be quite lengthy, the initial steps should be contemplated fairly early in the recognition of medical condition-to-impact upon one’s job.

Federal Disability Retirement is a benefit there for Federal employees under either FERS or CSRS, and is a compensatory system enacted precisely for those Federal and Postal employees who suffer from a medical condition which impacts one’s ability to perform one’s job.

Longing for a time once remembered is an activity of comforting reminiscence; the reality of the present, however, awakens us from the slumber of such daydreams of an era once blinking on the horizon of a time long passed.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Power Outages

Power outages resulting from an ice storm are humbling experiences; it reveals the extent of how dependent we are upon electricity and how interconnected everything is.

For Federal and Postal employees who suffer from a medical condition, of course, such an experience is one which is daily felt through the deterioration of one’s health:  the interconnected dependency upon the power source of one’s body.  The steady decline of power and vibrancy is what the Federal and Postal worker has relied upon for so many years — for work, family, career and livelihood.  When that main switch begins to fray, all of the ancillary dependencies begin to suffer.  When the impact of that “power outage” results in one’s inability to perform the essential elements of one’s job, it is time for repair and troubleshooting.

Preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is a means to an end; the means require recognition of the need; the end is to reinvigorate the power source.

May this winter of 2014 begin to thaw out and allow for such rejuvenation.

Sincerely,

Robert R. McGill, Esquire

 

 

Medical Retirement Benefits for US Government Employees: Choices Left

Options presented imply the availability of alternative picks; but such choices are real ones only if they don’t magically disappear when asserting one over another.

By analogy, Agencies in a Federal Disability Retirement case may claim that all sorts of accommodations have been attempted and provided; but if an ergonomic chair has been given to an administrative worker who suffers from psychiatric conditions which impact one’s focus, concentration, and cognitive capacities, the irreconcilable lack of correspondence between the attempted aid and the medical condition suffered, amounts to an ineffective attempt at accommodations at best, and at worst, a cruel joke.

But as Agencies enjoy patting themselves on the proverbial back, so statistically they can claim that 99.9% of their employees have been accommodated; it just so happens that either the Federal or Postal employees failed to take advantage of such empathetic attempts by the agency, or were not able to appreciate the full extent of such angelic endeavors.

Many medical conditions, of course, are unresponsive to any such attempts of accommodations, precisely because of the very nature, extent and severity of the conditions themselves.  This leaves one with the only choice left:  to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS.

That is why the benefit was enacted; as such, there should be no reason why agencies should attempt to subvert or otherwise place obstacles in the quest for a goal which was intended to accommodate such non-accommodatable circumstances.  But then, the test of sincerity is not mere words, which can come cheaply, but through actions, which can result in a stark reality-check.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Kierkegaard’s Either/Or

Life is often a series of disjunctions and bifurcation of choices; in mathematics and logic, such series of “either/or” options or “if and only if” algorithms provide a neat analytical explication of a problem.  But in daily living, numerical precision is replaced by a complex series of pragmatic decision-making options which rarely fit into a predetermined set of constants.

Soren Kierkegaard was a Danish philosopher of some note, whose work entitled, “Either/Or”, presented the stark choice of following a normative life governed by principles and ethics, or one of hedonism and self-interest. One might argue that there are always “middle grounds” where such choices overlap; but the clarified standards as presented allow for foundational paradigms to be followed; let life itself impart the complexities we create of our own making.

For Federal and Postal employees considering the important step of preparing, formulating and filing a Federal Disability Retirement application from the U.S. Office of Personnel Management, whether under FERS or CSRS, there is unfortunately a bifurcation of stark options.  For, as there are no short-term disability benefits available (unless it is a work-related injury, in which case one may file for FERS Disability Retirement Compared To OWCP; or some private disability policies), the choice is to either remain with the agency and the Federal system, and continue to deteriorate with the progressive decline of one’s health, or to file for a benefit (Federal Disability Retirement), where the medical condition must last for a minimum of 12 months and where one is separated from Federal Service upon an approval of an OPM Disability Retirement application.

The paradigms presented are clear.  The difficult part is in taking the necessary steps to choose between the disjunction of that which life presents, without getting caught up in the logical inconsistency of a world which believes itself to be rational, but acts in ways which are clearly contrary to its own normative constructs.

Sincerely,

Robert R. McGill, Esquire