Tag Archives: usps employee letter of removal fitness for duty reasons

Federal Disability Retirement: The Black & White Film

What is it about the old films which retain their attractiveness?  Certainly, Hitchcock made optimal use of the genre — of shadows and dark corners; of shades and gray areas, contrasting good and evil.  And things didn’t stand out as much.  It reflected a time of greater modesty where individuals didn’t stand out — for, everyone and everything being grey and indistinguishable from one another, it rejected the colorful phenomena of individualism.

High Noon” reflected that sense of modesty; for, while the star and main character prevailed in the end, Gary Cooper was an unassuming individual without great physical presence nor any outward characteristics which manifested anything extraordinary; however, his inner character is what was in full display.  As a film in Black & White, only the character within began to reveal itself as the film progressed — of stubborn integrity; of a sense of duty; of an obligation both to himself and to a greater sense of justice.

By contrast, if a remake of the film were ever to be attempted, this would be included in “High Noon — the Remake”: A muscular main character, with ripped shirt displaying cuts and abrasions; a couple (at least) of “bed scenes”; probably a look back at the main character’s childhood to provide some psychological trauma to engender sympathy; and in the end, the rationale for staying was because the town was willing to pay him a cash bonus — not because of any sense of duty or obligation.

For Federal employees and U.S. Postal Service workers who suffer from a medical condition and need to file for Federal Disability Retirement benefits under the FERS retirement system, “High Noon” is the metaphor for the state that you currently find yourself in:  Of having to face down your agency; of holding your Agency off until you have had the chance to prepare, formulate and file for your Federal Disability Retirement benefits.

And it would indeed be nice if it were still a film in Black & White, where no one notices that you can’t do all of the essential elements of your job, anymore, because you remain indistinguishable from everyone else.  But, alas we are now in the world of color, and because of that, you may want to contact a Federal Attorney who specializes in FERS Disability Retirement Law, where the Black & White Film is no longer available except in those special editions of the Criterion Collection.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

Medical Retirement for Federal & Postal Employees: Isolation

It is a state which many declare to be desired; but, in reality, human beings are social and political animals (the latter term applied in an Aristotelian sense), and a true state of it becomes an insular havoc of desperate insanity.

Isolation is used in penal institutions as a means of punishment.  Whether it has a rehabilitative effect is questionable, but the policy is generally to impart upon the prisoner a stripping and depriving of a needed human experience — that of contact with others — and by punishing the individual, to allegedly “motivate” the offending party into behaving in an orderly manner in the future.  However, human beings possess great forces of creativity.  Stories from the Guantanamo facilities reveal a wide range of ingenuities in communication methods employed when “solitary confinement” is imposed upon multiple individuals.

In the end, the policy of isolation is often ineffective, and merely serves as an extreme measure of punishment which motivates not the human appetitive sense of behavioral modification, but cuts deeply into a profound sense of resentment and hatred.

In the general population, we have come to fool ourselves into believing that a blinking screen can replace actual human contact.  The worldwide pandemic has revealed the fissures of such thinking, and has tested the extremes of isolation.

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 under FERS, the sense of isolation can be felt from not being able to engage in the multiple essential elements of the position — of participating in conferences; of engaging with other coworkers; of missing time from work because of doctor’s appointments, etc.

Further, actual isolation is often exaggerated in the mind, where the mental isolation becomes disproportionately viewed and exponentially harmful to a person’s self-image.

Contact a retirement attorney who specializes in Federal Disability Retirement Law and consider the option of filing a FERS Disability Retirement application.  As isolation is the harbinger of a future yet uncertain, FERS Disability Retirement may be the ray of hope which opens the jailhouse door to a mind which is willing to be motivated.

Sincerely,

Robert R. McGill, Lawyer

 

FERS Disability Retirement: The Required Rhythm of Normalcy

When we break it, we become bombarded with looks of irritation, a pause filled with suspicious surprise.  The quick, “Good-to-see-you-hope-you’re-doing-well” is meant as a quick conveyance of polite nothingness, and is the throw-away line that allows for the rhythm of a quick-paced society to retain its fast-lane of existence.  You are not to respond except in a similarly empty manner, with a “Yes, nice-to-see-you-too”.  To break the rhythm of normalcy is to interrupt with a real response; to say something like, “Actually, I am not doing too well.  And since you have asked, let me tell you why…”.

Normalcy is the abnormal, and the norms and conventions that were once taken for granted have now been turned upside down and have become the abnormal, the irritating and the blade of rudeness.

In a time past and now gone for seemingly forever, there existed communities where people actually stopped and spoke to one another, showed some concern and exhibited some neighborly empathy.  In modernity, we hide within the barricaded walls of our own secluded lives while declaring the number of “friends” we have on Facebook, though we haven’t met any of them nor actually known them in person.  The blank slate of a computer screen or of our smartphone determines the emotional viability of our daily lives, and so the required rhythm of normalcy has become one of isolated disengagement from actual life.

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, the required rhythm of normalcy is to act as if there is nothing wrong, when in fact there is much that is “not right”.  Consult with a FERS Attorney who specializes in Federal Disability Retirement Law and think about breaking the required rhythm of normalcy.

Sincerely,

Robert R. McGill
FERS Disability Attorney

 

Federal Employee Disability Retirement: Die Trying

We hear about that — of people dying while in the process of trying to work.  We push ourselves daily because we have no choice but to bear the unbearable, as if the work we do is more important than life itself.  We give lip-service to so much pablum — that “life is sacred”; that we live in a “caring society”; that “in the end”, what matters are “relationships” and not material possessions, etc.

But do we believe it?  What constitutes and validates “believing” in something as opposed to not?  Is it to simply assert and declare without such words ever being tested, or can “belief” turn into “true belief” only after an action has followed a proposition?

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 his or her Federal Job, the question that must be raised is whether it is all 
“worth it”, isn’t it?

Whether continuing on towards that goal of “retirement” can be achieved; if it is worthwhile to die trying — or, is Federal Disability Retirement an option to consider?  Certainly, to “die trying” can be a noble effort, but only if the goal to achieve possesses some inherently noble characteristics.  At the end of that effort, what will be the reward?

OPM Disability Retirement is a benefit accorded to all Federal and Postal employees under FERS when it becomes clear that a medical condition is no longer compatible with continuation in the job, or any similar job.  Seek the counsel and advice of an experienced attorney who specializes in Federal Disability Retirement Law before forging ahead, lest you decide to ignore all of the symptoms of a declining health resulting in the tragic result where whispers and shaking heads would declare in a low voice, “Well, he died trying!”

Sincerely,

Robert R. McGill, Esquire

 

Attorney for Federal Disability Retirement Claims: Next Steps

It is the previous step that determines the following one, and the one before that which closes the alternatives for multiple other pathways; in the end, sequence matters, protocol can make a difference, and how one takes the steps, in what direction, by what methodology — these are all important considerations to contemplate.  What the endeavor is; by what means one is attempting to achieve the end-result; and the manner in which the goal is reached; the attempt the take a short-cut will often result in only a short-lived gain, but often with long-term consequences that, upon reflection, made the short-cut pay a price greater than the worth of the gain.

Next steps are important; each step, whether previously taken or subsequently considered, are also obviously of significance, but one could argue that those already taken cannot be reversed or, if reversed or retraced, may complicate matters more, whereas the “next step” yet to be taken may impact all previous ones already established and thus must be considered in light of the consequences likely to ensue.

Whatever has already occurred in the past cannot be undone or, if it can, must be retracted with care such that any retrospective refashioning of previous actions taken will do no greater harm than that which has already been consummated.  It is always the “next steps” that are the crucial ones, for they will determine not only the efficacy of all previous ones, but further, will either validate or undermine all previous ones heretofore taken.

For Federal employees and U.S. Postal workers who are considering preparing, formulating and 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, the next steps you take may be the critical ones that determine the success or failure of the entire complex, administrative and bureaucratic process you are attempting to undertake.

What statements are made as reflected on SF 3112A, the Applicant’s Statement of Disability; the sufficiency of the medical reports and records gathered, to be submitted as Attachments to your Federal Disability Retirement application; whether you answer and address the issues concerning accommodations in the workplace sufficiently or in what manner; whether you have an adequate understanding and comprehension of your rights with regard to Federal Disability Retirement Law; these and many other “next steps” may well determine the future course of actions previously taken, ignored or otherwise not initiated.

Perhaps the “next step” should be to consult with an attorney who is knowledgeable about Federal Disability Retirement Law, lest the “next step” be the one that leads to an unforeseen stumble, where that next step leads to a misstep or the following next step after that cannot occur.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement from Federal Employment: Motive and Motivation

The similarities are almost indistinguishable; yet, the slightly nuanced distinction makes for the differentiation between intent and desire, and while both are nouns, it is not the grammatical identifier by which we seek their impetus.  The former is often unknown, hidden, deliberately concealed, such that a kind gesture or an act of empathy may have an ulterior basis beyond the mere surface of revelation.  Think about Vito Corleone in the movie, The Godfather; when he granted a favor, did he ever reveal his underlying motive?  The latter constitutes that ethereal quality, unable to be grasped but which, if the secret ingredients were bottled as merchandise to be sold, would grant the inventor untold wealth beyond those who market pills to boost testosterone levels in a society overcome with virtual madness.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the distinction between motive and motivation may be the difference between remaining static or advancing in life.  To remain in place and attempt to decipher the former in the impending or anticipated actions of one’s agency, the U.S. Postal Service, or of Supervisors and Managers who daily connive and consider in furtive whispers of confidential backbiting, is to forever waste precious time upon the unknowable and indeterminate.  To possess the latter, whether in spurts of ephemeral wisps, like time which once seemed as the fortress of youth but left behind in the residue of an angel’s wings fluttering into the universe of the fantasy of unknown caverns, is to release the last vestige of rational import and move forward into a life beyond a career with the Federal agency or the U.S. Postal Service.  Sometimes, to accept less is to gain more.

Filing for Federal Disability Retirement through OPM may not always seem like an act of advancement, especially given that one is giving up a career, cutting one’s income, and relying upon an agency for a lifetime annuity; but when a medical condition cuts short the presentation of alternatives to consider, preparing, formulating and 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, is often the best motive in a universe constrained by the motivation of self.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement: For Want of…

It is the lack which often compels motion, and thus do we observe that “necessity is the mother of invention”, a proverb derived from a centuries’ old Latin phrase denoting that hardships result in unique ways in which to compensate for deprivation.  The opposite perspective — of plenitude and overabundance of indulgence — also reflects a lack, but one which which identifies the predicate based upon the negative subject:  of being spoiled and wanting of motivation and desire to succeed.

Necessity, indeed, is often a prompting and incentivizing force, as well as fear of the unknown, a desire to secure a foundation of predictability, and a motivating factor to escape from the destructive jaws of a hostile work environment.  Whatever the underlying force urging one’s intent, the Federal employee or the U.S. Postal worker who finds him or herself within the confines of a progressively deteriorating medical condition, and one which impacts and prevents one from performing one or more of the essential elements of one’s positional duties, the dual-meaning of the phrase, “For want of…” is often the basis for action.

It can mean that there is an innate and compelling force or desire to attain something; conversely, it can denote the lack of a core need, which propels the Federal or Postal worker to begin to act, and in pursuing a 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, it is necessary to begin by taking some affirmative step in order to begin the process.

Filing for Federal Disability Retirement benefits can be a long and arduous bureaucratic process — one which depletes the soul, dampens the spirit, and denigrates the psyche.  But what are the alternatives?  We already know the destructive force of remaining where we stand, but it is precisely the incentivizing conditions of such deplorable circumstances which compels the Federal or Postal employee to consider filing for Federal OPM Disability Retirement in the first place.

For want of future security (used in the positive sense) or for want of one’s health (used in the negative, “lacking” sense), the options are limited, but the end-goal can be rewarding, as wanting requires action and initiative, and want of one’s circumstances may be the compelling force necessitating alternate routes of inventive compulsions.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Avoidance

There are always activities and interests to pursue; that is the “stuff” of which life is comprised.  Heidegger referred to the multiple and endless projects as a means of distracting ourselves from the ultimate fate of our existence; but in truth, it is far less complex than that.  Keeping busy is a means of filling in the void of daily toil, and where activity tires the soul, thoughtfulness is replaced with silence.

Have you ever met a person who talks a mile-a-minute, and is seemingly always on the way out, never to have time to pause for breath?  It is as if the grim reaper of time and eternity is just behind, on his tail, about to determine the inestimable worth of a life pursuing the unfulfilled dreams of gnomes, children and elves who jump into hobbit-holes like the white rabbit which Alice followed into the hole of Wonderland.  It is, in the end, an avoidance of sorts, where one knows in the subconscious of harbored secrets that a time in the near future will come, and fall upon the waiting soul like a weight of gold.

For Federal employees and U.S. Postal workers who suffer in pain, or in psychiatric modes of inconceivable anguish, the need to file for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often delayed by deliberate avoidance.  And that is certainly understandable.

The direct confrontation with the problems of life and daily living is less preferable than the enduring activities which keep one’s soul busy with the flurry of thoughtless projects.  But as time tolls regardless of one’s efforts to procrastinate, so the politician who kicks the proverbial can down the chute of endless and moronic drones of discussion, focus-groups and formed committees for further study, is merely avoiding the inevitable.

It is first and foremost the entrance of the medical condition.  Then, slowly, the realization that it simply won’t go away, no matter how busy one is, and how unfair life has become.  Then, the progressive impact upon one’s physical and cognitive capacities ensues.  When the two roads converge, it is time to consider preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Avoidance of necessity may work for a fortnight, but the projects which make up life’s “stuff” can only fill the void for a season, if that.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Disability Retirement: Ritualistic Behavior

We persuade ourselves that only children play those games; of turning suddenly left, instead of right; of pretending to be asleep, only to unexpectedly open one’s eyes to test the reality of our surroundings; and other discordant acts in an effort to defy the predetermination of fate, as if the karmic principles governing the universe are subject to the vicissitudes of private thoughts.  But the anomaly of the unexpected is that, once a pattern of disjointed behavior itself becomes a monotony of the routine, the corridors of ritualistic behavior become entrenched and often prevents one from taking steps necessary to step outside of the proverbial box.

Conventional thought processes can themselves become ritualistic; thus do we believe that by neglect or avoidance, medical conditions will just “go away”; or that the increasing hostility and initiation of adverse actions by an agency will cease if we just “ignore” them; or if we just continue maintaining a semblance of competency, the incompetents will recognize and acknowledge the superiority of motives, and desist from the constancy of interruptive actions.  Such ritualistic behavior, however, has little to no impact upon the reality of the world, no more than when the child in us attempted to defy fate and the karmic gods which rule the universe.

For Federal employees and U.S. Postal workers who suffer from a medical condition, the route of exit from the madness of the universe is to file 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.  The plain fact is, no one cares for one’s health or well-being except the person who suffers from the medical condition, as well (one would hope) one’s family and spouse.

Reflection upon the priorities of life must always be reengaged; and continuing onward with vestiges of child-like ritualistic behavior, against all sanity telling us that things will not change despite our best efforts, will only prolong the agony and the angst of life’s unfairness.

Filing for Federal Disability Retirement benefits through OPM is available for those Federal or Postal employees who can no longer perform one or more of the essential elements of one’s positional duties, and while continuation with one’s agency or the U.S. Postal Service may be a laudatory goal revealing an undying sense of loyalty, it is the dying portion of our better selves which whispers the lie that ritualistic behavior can alter the course of human history within the microcosmic universe of karmic incantations.

Sincerely,

Robert R. McGill, Esquire