Federal Employee Disability: Casting caution aside

Does it count if you didn’t mean it that way, but others perceive that you did?  If you do X but intend Y, but others think that your X was intended as X, is it still valid?  And how does validity work, here — is it only if you declare to the world what your intentions were in the first place, or if you smile slyly and keep your inner intentions a secret, does it still count as “valid”?

Isn’t that ultimately what we are afraid of when we act upon something — that someone will think one way and we want them to think another, or otherwise there is some lack of correspondence between truth and the thoughts within?

When we are casting caution aside and others warn us of our impetuosity, do we pause and care to “correct the record” because we worry about what others might think?  Isn’t that one of the underlying reasons why Federal and Postal workers fail to initiate the process of preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset?

We avoid that “tag” that everyone abhors — of a “malingerer” within the ranks.  Too much sick leave taken; not quite at the productive levels we once had a reputation for; excessive LWOP; constantly having appointments at the doctor’s office; and, suddenly, we believe that others are “staring” at us, judging us, whispering behind our backs.  Are they?  Or is it just my imagination running amok and creating a surreal universe of misperceived paranoia?

We become cautious, tentative, unsure of ourselves, wondering what our coworkers and supervisors are thinking.

Casting caution aside is not always an act of unthinking impetuosity or even of a gambler’s mindset. For, when a medical condition is involved, the only issue that matters is one of prioritizing one’s health, and preparing a Federal Disability Retirement application is often the best option available, and while others may consider the process as another pathway in casting caution aside, they simply do not know what you have endured, suffered and gone through before coming to such an important decision.

In the end, the universe of the subjective can never be judged by the mere appearances of the objective, and one’s opinion concerning the health of another cannot be valid without first experiencing the medical condition of the person suffering.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: The option of nothing

The path of least resistance is often to simply do nothing.  To make an affirmative choice is sometimes a painful one involving sacrifice and steps taken which will determine an outcome, later to be judged by retrospective insight, as to whether it was the “right” one or a “wrong” one.

To negate, refute or otherwise do the opposite, and to say “no” in the choice-making process, is also an “affirmative” one, if only in the negative sense.  It is still a call made, a judgment asserted, and while the “no” may not be able to arrive at a retrospective viewpoint as to whether it was the “right” one or the “wrong” one (precisely because, in the very negation of making a choice, one may never see any further consequences, but merely a nothingness that prevails from the option to not do that something, which is essentially a double-negative that results in nothing).

The worst option to assume is to allow lapse to occur – to do nothing, neither affirmatively nor negatively, and allow outside circumstances to determine the course of fate.  In taking such a path of least resistance, two things occur: First, you have left it in the hands of circumstances, and failed to take any affirmative steps in the allowance of lapse; and Second, the fact that you will never know it was a good or bad idea to allow for the lapse means that you have forsaken the entire decision-making process, and thus you disengaged yourself from the importance of life’s major participation.

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, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the Statute of Limitations that imposes a restriction upon post-separation filing is One (1) Year.

Thus, the law is as follows: Upon separation, whether by termination or resignation, of a Federal employee, that Federal employee has up until 1 year to file for Federal Disability Retirement benefits.  If the Federal employee files for Federal Disability Retirement within 364 days of the separation from Federal Service (give yourself at least 1 day, just to be on the safe side), then no harm is done.

If the Federal or Postal employee determines not to file (i.e., a negative – affirmative decision), then so be it, and after the 365th day, that Federal or Postal employee is forever prevented from asserting his or her rights under the Federal Disability Retirement laws, acts, statutes and regulations.

If the Federal or Postal employee simply does nothing – neither making an affirmative or a negative decision, and simply allows for the time to lapse and the opportunity to pass – then the path of least resistance has been taken, with the opportunity to engage in the decision-making process forever lost.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: The strange story of X

He was always reserved, and became even more so in the last few years.  Never one to first say hello, but always quick with a smile whenever anyone passed by his desk, those in the office kept away from him – not because he was unlikeable, or even because he himself initiated any enmity or scorn, but merely because that was the way things were.

He was a stranger among coworkers where working together brought individuals of different perspectives, outlooks, backgrounds and personalities together to form a union of common objectives. He was older than most of his fellow compatriots, but not too old to stand out as stodgy or unwelcomed. Most others simply knew him because he had been there for as long as they could remember, and some, of a time when he had not yet arrived.

The strange story of X is just that – it is not so strange, and he was just another individual whose anonymity was pronounced by the very likeness to everyone else’s story.  In this world where people work together for years and years, but where neighborliness stops at the clock that shows when office hours end and the compensation to be received will not exceed the ticking of a minute thereafter, lives are lived in close proximity, but never known.

In other universes, in different civilizations, in foreign communities and amalgamations where the human species congregate in tribes, townships and collectives of human detritus, the strange story of X is often not of that stranger described, but of the others who never took the time to invite that stranger into one’s home.  The story always continues, of course – of the sudden disappearance, of rumors abounding, then the dissipation of any notice, until time concealed and the question went away; until the strange story of X became focused upon the next person who everyone passed by as a nobody amongst a universe of somebodies thinking that the strange story of X was unique in some way.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact the Federal or Postal employee’s ability or capacity to complete and fulfill all of the essential elements of the Federal or Postal position, the strange story of X is often a familiar one – except that, instead of the “person” himself, it is the medical condition that everyone, or most everyone, “knows about” but never acknowledges, and treats as if it doesn’t exist.

This is a funny and strange world, where the suffering of others is barely spoken about, and anonymity is preferred over empathy expressed.

Perhaps it is time to “move on”, and to do so, preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is a necessary first step.  For, in the end, the strange story of X is in the very estrangement of human beings from the humanity we have left behind, and fighting for a Federal Disability Retirement benefit may be the best hope of leaving such strangeness behind, where neither the workplace nor the coworkers will query much beyond a day’s absence when the clock ticks five.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: Contested lives

We hear of such terms in specific linguistic contexts; of a “contested” divorce, or that a variable version of a testimony or evidence has been “contested”; or that the results of a certain race or game has been contested.  If you drop the affix placed after the stem of the word (i.e., the suffix or the “ed”), and emphasize the first syllable, it becomes a noun; whereas, if you engage in the identical mental exercise but intone upon the second syllable, it becomes a verb.

As a noun, it is normally relegated to a challenging game, a sport or perhaps some duel; when applied with the second word in the title above, it takes on a wider meaning that encompasses an endless spectrum and, unless further delineated, undefined in a disturbing way.  If denoted in a general sense, as in the statement, “All lives are contested,” the generic meaning loses its force; for, it is a truism which is rather inane in that, yes, all lives have facets of contested issues, and in that sense, it becomes a “meaningless” statement of trope and triviality.

Yet, that truism is something which we all experience.  When one hears the complaint, “Life is a series of conflicts and is a contest of endurance,” we nod our heads and know exactly what that means.  We all recognize that our lives encompass a consistent effort to contest (emphasis on second syllable), and that the contest of life is to endure (emphasis on the first syllable); and we must persevere to contest it (again, emphasis on the second syllable).

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 truism that there are contested lives is a simple fact.  It is not just a matter of going to work – rather, it is going to work with a medical condition.  It is not just going to work and doing one’s job – it is, moreover, doing that and contending with a medical condition, as well as the growing harassment from coworkers, supervisors, and the Agency and Postal Service as a whole.

Preparing an effective Federal Disability Retirement application, to be ultimately submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is also a matter of a contested life – for the bureaucratic process with OPM is an embattlement of sorts, and it only reinforces that inane, trite and trivial aspect of the statement, “We all live contested lives.”

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: The Deeper Recesses of Unwanted Caricatures

Caricatures often depict an exaggerated degree of undesirable characteristics, whether for comic effect or sleaze of meanness.  The totality of the person or entity described is rarely the reality of the grotesque aggregate of the negative characteristics, but one can still see the relative truth of validation in the aspects shown.

Such caricatures, too, can be either internal or external; the latter being the depiction from the perspective of someone “other”; the former comprised of the totality of one’s self-image, how one projects from the perspective of the other, and the reflective thoughts of one’s self.  When others describe one in caricature form, you may laugh, but inwardly shy with horror and fright; and in the deeper recesses of one’s privacy, the truth and impact of such unwanted caricatures may pull one into a psychological chasm of despair.

Medical conditions, especially, can exacerbate an already-existent fear and loathing, precisely because they attack and undermine those areas of the physical, emotional and psychological vulnerabilities most open and revealing.

For the Federal employee and the U.S. Postal worker who becomes impacted by a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s positional duties, the unwanted caricatures which frighten and demean are often twofold:  Loss of productivity (resulting in reduction of income), and devaluing of self-worth, both in the eyes of coworkers as well as from the deeper recesses of one’s own perspective.

Filing for Federal Disability Retirement may not seem like the perfect solution in dealing with a medical condition, but as this is not an infallible universe, so we must accept the imperfections offered.

The generous parameters promulgated within the legal regulations of obtaining a Federal Disability Retirement, allows for the Federal and Postal worker to entertain a second vocation or career beyond the Federal Disability Retirement annuity (one may earn income in the private sector, up to 80% of what one’s former Federal or Postal salary was, in addition to the Federal Disability Retirement annuity).  More importantly, it allows for the Federal or Postal worker to first and foremost focus upon attending to the medical condition itself, while receiving a base annuity during the crisis point in determining the course of future actions.

Unfortunately, what often holds us back in securing one’s future is not the actual realities of an imperfect universe, but rather, the deeper recesses of one’s perfect world, as depicted in an unrealistic caricature within one’s own imagination, precluding progress where pantomimes may perform.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Pretending

It is the creative imagination which ultimately separates man from his counterpart; and, in the end, those costumes we display, and wear as vestiges of who we were, what we have become, and how we want others to appreciate us — in the aggregate, they reveal either our pretending selves, or at the very least, our pretentiousness.

For Federal employees and U.S. Postal workers who have a medical condition, such that the medical condition necessitates filing for Federal Disability Retirement benefits under FERS, CSRS or CSRS Offset, the extension from childhood through adulthood is best personified in the ability and capacity to “pretend” — assume the role of the loyal civil servant; march on in quiet suffering; brave through in silent grief the turmoil of a progressively worsening medical condition.  But when “pretend” encounters the reality of pain and self-immolation of destruction and deterioration, there comes a point in time where childhood fantasies and dreams of want and desire must be replaced with the reality of what “is”.

That annoying verb, “to be”, keeps cropping up as an obstacle of reality, forever obstructing and denying.  Reality sometimes must hit us over the head with harsh tools of sudden awakenings; for the Federal or Postal worker who must consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the wake-up call is often the alarm-clock that rings after a long weekend, when rest and respite should have restored one to healthy readiness on the workday following, but where somehow the face of pretending must still remain.

Sincerely,

Robert R. McGill, Esquire