Tag Archives: waiting for the right time to develop a fers disability claim

Medical Retirement for Disabled Federal Workers: Transfinite Cardinals

It is a concept invented in order to avoid the inherently problematic implications of the “infinite”; yet, it clearly means that it is “not finite”. It is meant to avoid a type of exclusive disjunctive and attempts to equivocate and obfuscate, implying that it somehow goes beyond the finite but refuses to become embroiled in the complexities of the infinite, thereby allowing for a compromise by remaining forever in the limbo of mathematical purgatory.

Such conceptual word-games save us for a time; and, sometimes, time is what is needed. Thus, for universes of pure theoretical constructs, where application has little or no impact upon the reality of life, conceptual language games can be daily engaged and walked away from, without any practical consequences. It is, however, when theory intersects with reality, that qualitative reverberations become felt, as in the application of theoretical physics upon the pragmatic application of nuclear fusion.

Advancing from Thought to Action

Advancing from Thought to Action

For the everyday Federal and Postal Worker, the theoretical existence of Federal Disability Retirement benefits, whether one is under FERS or CSRS, is likened to transfinite cardinals: until the intersection between thought and action occurs, it remains safely in the universe of theory, mind, and limbo; but when the reality of a medical condition hits upon the physical universe of the real, and impacts the Federal or Postal employee’s ability/inability to maneuver through the employment sector because of physical limitations or psychiatric obstacles imposed by the medical condition, then one must reach beyond the theoretical and take pragmatic steps of prudent applicability.

Like boilerplate legalese in multi-paginated contractual agreements, theoretical constructs exist for potential applications in the real universe.

Federal Disability Retirement benefits remain in existence for all Federal and Postal employees, and must be accessed by submitting an application to the U.S. Office of Personnel Management. It is like the Platonic Ideas of Greek philosophy “out there” in the ethereal universe, but of no consequence but for ivory tower constituents. And like transfinite cardinals, Federal Employee Disability Retirement benefits remain in a parallel universe of theoretical constructs, until that time when a particular Federal or Postal employee accesses the need to ignite the fuse of pragmatic intentions.

Sincerely,

Robert R. McGill, Esquire

 

 

CSRS & FERS Medical Disability Retirement: Development

Aristotle speaks often in terms of the spectrum between potentialities and actualization, revealing the philosophical concerns surrounding man’s ability to discern reality from appearances, scientific certitude as distinguished from mere opinions; and, in the end, the capacity to bifurcate truth from falsity. As Pre-Socratic philosophy brought out the problems of an ever-changing world, with Heraclitus and Parmenides as two classic examples of the focus of inquiry, so the underlying and common thread remains even with us today: How, in an ever-changing universe, do we attain some semblance of static certainty?

Anxiety during the development or waiting periods

Anxiety and stress during the development or waiting periods.

Medical conditions tend to bring to the fore a sudden change which is not merely problematic, but impacting upon all sectors and areas of one’s life. The quietude of the normal and mundane is suddenly turned upside down; that which we relied upon, and for which we worked so hard to achieve, are all suddenly in a state of disarray and disruption.

As certainty is the harbinger of security, so constant flux remains the loosened bolt which potentially unhinges such security. That is why, for Federal and Postal employees who are in the “development” stage of either preparing, formulating or in the process of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS or, in the long and arduous “waiting” stage in anticipation of a decision to be rendered by OPM, a constant sense of anxiety and angst prevails, precisely because the lack of certitude in bringing about stability is presently ever-pervasive in one’s thoughts. Perspectives are important in the quest for truth.

Both Plato and Aristotle recognized the subjective factor of perceptual idiosyncrasies amongst species.  Development of a case for Federal and Postal Workers who are filing for Federal Disability Retirement benefits, will continue to remain in a state of flux, uncertainty, and insecurity. And like the metaphorical river into which Heraclitus walks, revealing the constancy of change and stream of flux, until a decision is rendered by OPM, life remains a metaphor for development into the unknown.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Workers: The Jump from Thought to Action

There is a wide chasm between thought and action; and, while many can deceive one’s self by remaining mired in the activity of thought, it is the gauge of the objective, physical world which validates the efficacy and resulting consequences of one’s actions, which makes for determination of accomplishment and completion.  The proverbial “dreamer” who never transitions from the creativity of thoughtful contemplation to actualization of ingenious ideas and proposed intellectual discoveries, remains stuck in the netherworld of potentiality, never to move beyond the mysterious quietude of one’s own mind.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition has impacted one’s ability to perform the essential elements of one’s job, remaining forever in thought-mode as opposed to action-orientation, keeps one in the hostile environment of avoiding multiple pitfalls and minefields of delay, procrastination, and potential adversity from one’s supervisors, coworkers and agency heads.

Whether under CSRS or FERS, the Federal or Postal employee with a medical condition which is impacting the ability to continue in the job, should consider the giant step from thought to action, and reflect upon the benefits of a Federal Disability Retirement submission, ultimately to be decided by the U.S. Office of Personnel Management.

The step from thought to action is often exponentially magnified by the earthshaking reverberations of a changed life.  But to fail to act is often the greater of evils, and to remain in the unending turmoil of one’s anguish is never an answer to a problem.  Instead, it is the composite solution which will render the ultimate satisfaction: thoughtful action.  It is where thought and action work in harmony, and for which Man evolved to reach the pinnacle of his Being.

Sincerely,

Robert R. McGill, Esquire

 

CSRS & FERS Medical Disability Retirement: Acts of Futility

It was Heidegger who observed that our everyday lives were merely distractions in order to avoid the ultimate encounter with our own mortality — a revelation too profound to contemplate, and thus we engage in meaningless and monotonous projects in order to shift our focus away from the stark reality of life and death.

It is indeed the human species which continually and perennially embraces various acts of futility, despite irrefutable evidence that such actions lead to no fruitful or purposive outcome.  But to cease such engagements would be to stop and think; and reflection would mean a forced quietude in which contemplation upon the state of one’s being would be unavoidable; and from there, the vast void of nihilism might encroach, and so perhaps resumption of purposeless, repetitive treadmill-like engagements are best for sanity and survival.

For Federal and Postal employees who suffer from medical conditions such that one is prevented from performing one or more of the essential elements of one’s job, however, contemplation in filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management is a necessity which cannot be avoided.   Further, the greatest singular act of futility in preparing a Federal Disability Retirement application is to wait upon an agency to act; for, as agencies exist in order to appear to act with purpose, but where inaction allows for greater exigencies and justification for existence; as such, agencies rarely act, and when they do, they do so to the detriment of the Federal or Postal employee.

Thus, the hard rule should always be:  be proactive and do not wait for an agency to accommodate or otherwise assist you.  Distractions and diversions are fine in life; but when the necessity arises to attend to one’s medical needs, you need to act, and act in the best interest of one’s own being.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: The Historical Problem

Ultimately, before the Federal or Postal Worker considers filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, a number of factors need to be considered, including (but not limited to) the following:  Can I last until regular retirement?  Will continuation in the job result in further deterioration of my health?  Will my absenteeism or subpar performance result in adverse actions being initiated, including imposition of leave restrictions, a PIP, further disciplinary measures such as a suspension, or ultimately a removal?  Is waiting going to make things any better?  Do I have a doctor who will support my Federal Disability Retirement application sufficiently?

The history of most applicants who are filing for Federal Disability Retirement benefits, whether under FERS or CSRS, is replete with unanswered questions and issues ignored or unaddressed.  But when the convergence of a medical condition with a Federal agency or the U.S. Postal Service comes to fruition, the clash and collision between appearance and performance will often force the questions to be answered.

Waiting for things to occur will normally not solve the historical problem; being proactive, directly confronting undesirable questions, and taking the necessary steps to secure one’s future — these are the foundational steps necessary for a successful Federal Disability Retirement application, and the key to age-old questions which harken back to the problem of history, so that history may not repeat itself.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: An Aristotelian Approach

Aristotle’s Nicomachean Ethics has been the primary foundation for the Western paradigm of proper behavior in philosophy.  Quite distinct from his obtuse Metaphysics, the ethical framework of Aristotle takes a pragmatic, almost Confucian approach to correct behavior — balancing context, temperament, timing and correct behavior in formulating a modulated encompassment of how one should act.

As with all things in life, there must be a “balance” — and a recognition that time and relative context of affairs must be taken into consideration before one should act.  In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether one is under FERS or CSRS, one must similarly recognize that there is an insight into the balance of life before one can proceed with any action, whether it is an administrative action before the U.S. Office of Personnel Management, or before one’s own agency.

A Federal Disability Retirement application must be “proven”; as such, there is a distinction to be made between that which one “experiences”, and that which one can “prove”.

In such a context, sometimes a medical retirement packet may take some time in order to fully develop and evolve.

Doctors may not be able to be approached immediately; instead, at the right time, and in the right manner, they may be willing to provide the necessary medical and professional support in order to make one’s Federal Disability Retirement case successful and productive.

The pragmatic approach which Aristotle used in his ethics is still relevant today:  at the right time, in the proper context, and taking into consideration the temperament of others.  In this way, success can be attained by possessing an insight and wisdom into the world of human affairs.  This was the approach of Aristotle; and so it was with Confucius.

Sincerely,

Robert R. McGill
FERS Disability Attorney