Medical Retirement for Federal Workers: Stronger/Weaker

It is a categorization at the most basic level — one that is seen daily in Nature and reflected in the human narrative of historical tides and tragedies.  The stronger dominate the weaker; the latter submits to the former, or flees in terror or dies while trying.

In modernity, the password that protects one’s technological contraption is determined for sufficiency based upon that most basic of identities: stronger or weaker.  The bully on the playground will scan the potentiality for complete dominance at the beginning of each school year, based upon the appearance of how one projects one’s self on the very first day.

Throughout the continuum of life’s encounters, no matter how much we may resist becoming pigeonholed into such simplistic bifurcations — whether of our physical stature; our creative energies; our proclivities and mannerisms, etc. — in the end, we all revert back to the foundational elements of our evolutionary ancestors and systematically deem this event or that capacity as either “stronger” or “weaker”.

We like to think that in our advanced state of civilization, such simplistic terms have become muted because of the heightened level of sophistication (i.e., thus the “revenge of the nerds”, where brain overcomes braun); but our true natures nevertheless tend to reveal themselves despite our best efforts to resist.  It is no different in the arena of “the law” than in all other categories.

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 issue of “stronger” versus “weaker” continues to dominate: One’s medical condition places one in the “weaker” position as against the Federal Agency or the Postal Service.

The Federal Agency or the Postal Facility may begin to assert its “stronger” position by a series of adverse actions initiated to establish a paper-trail leading to ultimate termination, including a “Performance Improvement Plan” (otherwise referred to by the acronym, “PIP”); and when the Federal or Postal employee takes the necessary steps in preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, it is important to try and gain the “stronger” advantage by enhancing, in every way possible, one’s Federal Disability Retirement application.

There are few “slam-dunk” cases when it comes to a Federal Disability Retirement application.  While the applicant may “believe” his or her case cannot possibly be denied — naturally, because the applicant who tries to prepare the case on his or her own is the same person who suffers from the medical condition upon which the Federal Employee Disability Retirement application is based, and so there is lost a sense of “objectivity” as to the strength or weakness of a case — most cases must be assessed on a scale of “Stronger/Weaker”, and such an assessment is based upon the multiplicity of factors analyzed, including: Does the available and current case-law support the application?  Does the medical documentation sufficiently meet the eligibility criteria under the law?  Will the Agency’s portion of the Federal Disability Retirement application undermine the Applicant’s portion, under the law?

In the end, the law itself determines the basis of a Federal Disability Retirement case in its most basic form of whether a case is “stronger” or “weaker”, and to determine that important aspect of assessing and evaluating a case, consultation with a specialist in Federal Disability Retirement Law is a “must” in this world where nature’s disposition towards the Stronger/Weaker bifurcation continues to dominate.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The View from the Balcony of One’s Soul

It can only be in metaphorical terms by which we express such sentiments; and some recent essays have contended that true comprehension within the context of any language game requires, by necessity and tautological argument, metaphors.

The concept of one’s “soul” itself may be entirely metaphorical — or a simile of sorts — and placed within the context of the physical terrain of a balcony, the combination of the immaterial with the material presents an image beyond mere fanciful flights of the imagination, but taxes the capacity of the human intellect to corners of comprehension stretched to its outer limits.  For, the balcony is that arena of observatory quietude from which the vantage point of reflection occurs; and the soul represents the essence of a person’s being.  Thus, for the soul (the core of one’s humanity) to view the objective world from a balcony (the vantage point of reflective quietude), is to present a moment of profound insight.  It is, indeed, for those rare moments which make life worthwhile.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s positional duties within the Federal government or the U.S. Postal Service, it is this loss of “balcony-perspective” which often compels one to act.  Or, conversely, there is sometimes a moment of such vantage-point realization, seen through the onerous veil of pain, stress, cognitive cloudiness or downtrodden days of breakdowns and distress depleted through progressive deterioration of mind, body, emotion and flat effect; in a moment of cohesive clarity, one can come to the recognition that life cannot be defined by work, and the worth of one’s humanity should not be determined by how much one can withstand the humiliation incurred by supervisors, managers, coworkers and hostile environments which refuse to let up or cease in their incessant poundings.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often only the first step towards recovery from a process which began years ago.  Some time ago — and time becomes a maze of forgotten refrains when one must contend on a daily basis with a medical condition which impacts one’s capacity to engage in gainful employment — there were moments when the view from one’s balcony provided that momentary quietude of reflection; and then the erasures of life began to rub away the humanity of one’s essence, to a point where one’s soul began to hurt, to suffer, and to sob in silent shudders of dry heaving for that loss of self.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management may not be the ultimate solution for every Federal and Postal employee, but it is often a start.  That start will, at a minimum, allow one to again view the world around us from the balcony of one’s soul, which is the true vantage point for all of us who still retain a semblance of humanity.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Crumbling Walls of Professional Conduct

The aged bemoan of modernity; youth view the present as merely fodder for change and future potential; and caught in between, somewhere in the netherworld of inertia, those inconsequential individuals relegated to the irrelevant category of “middle age”, who must stand by and witness the slow and progressive destruction of the past, the deterioration of cohesiveness of the future, and the present infirmity of impotence.

Medical conditions are funny animals; because they are personal in nature, the revelation of such private matters tends to scare people, because the emergence of such confidential conveyance violates the unspoken walls of professional distance; but for Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact the performance of one or more of the essential elements of one’s positional duties in the Federal sector or the U.S. Postal Service, it is often necessary to provide some component of one’s medical condition in order to ascertain and establish the extent of needed accommodations — for purposes of filing for FMLA, to take needed SL or LWOP, or to counter allegations of misconduct or violation of “leave policy”, etc.

Within the greater context of life, there is a sense there the walls of professional conduct which once protected privacy concerns and acceptable behaviors, are crumbling in modernity.  Anything and everything goes; there is no normative constraint, anymore, because the demarcation between private and professional have disappeared.

The same is true when applied to the administrative process of filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

The entire bureaucratic process engenders privacy concerns because of the sensitive nature of the information which must be submitted.  But those are merely “side issues” which should be placed in their proper perspective; for, in the end, when the final wave of goodbye is motioned, and one has obtained an approval from OPM in order to exit with a Federal Disability Retirement annuity, the crumbling walls of professional conduct as revealed by one’s agency or the U.S. Postal Service will be but a far echo of past misdeeds, as one walks out into the future of a brighter tomorrow.

Sincerely,

Robert R. McGill, Esquire