Tag Archives: when change is not “an” alternative but “the” only alternative for a disabled federal employee

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 Law Firm: The Fear of Change

The concept of a person, of what constitutes the differentiating identity of person X as opposed to Y, or multiple others, derives from the Greek etiology of “persona” — of actors on a stage wearing costumes and masks, and able to portray a certain character in mostly tragic narratives entangling gods, men, love and jealousies.

It is those differing masks which we put on — of the joyful father, the loving husband, the implacable worker, the tireless servant, and so many others — which in their constituted composite, represent the personhood of who we are.  It is also, sadly, the interference and uncontrollable crisis which begins to fracture and break apart the very essence of being of a person.  Medical conditions have a tendency to do just that. For, the pervasive and insidious nature of a medical condition crosses the lines of the multiple masks which we wear, and begin to sully the demarcations and sharp divisions of character.

For the Federal employee with a disability who must consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or Postal worker is under FERs or CSRS, the invasive intrusion, unsolicited, unwanted and uncalled for, of a medical condition, may involve the sudden realization that priorities must be reordered and reorganized — not the least of which, work, the mission of the agency, and the divergent interests of what is best for one’s self as opposed to that of the Federal agency or the U.S. Postal Service.

CSRS & FERS Disability Retirement benefits allows for the recapturing of one’s personhood when it is most needed; and while every Federal employee and Postal worker who suffers from a medical condition must still put on various masks in playing the role of life, it is the one born of tragedy which must be put aside, by filing for OPM Disability Retirement benefits in an effort to change the inevitable conclusion of a Greek tragedy.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement Benefits for US Government Employees: The Flux

Life must of necessity involve change; otherwise, the definition of its corollary occurs, or at a minimum, a deadened spirit.  But the tripartite self-contradiction of life, death, and the security of habituated changelessness entraps us all: In youth, the excitement of constant flux energizes; in later life, the unwelcome changes and interruption of daily routine leads to turmoil; yet, as the negation of the mundane equals the non-existence of youthful energy, so the denial of needed change must of necessity result in a deadened soul.

It is, of course, a concept which is often associated with Heraclitus, who proposed that all is change, and inevitably so, as we cannot ever step twice into the same river.  Parmenides, on the other hand, introduced the contrary idea, that change is impossible and merely illusory.  Subsequent philosophers have melded the two, and compromised the bifurcated extremes, somewhat akin to the composite yin-yang embracing of the opposing forces of life.  But as resistance to change implies change itself, so surrender to flux may also indicate loss of will.

For Federal and Postal employees who begin to suffer from a medical condition, such that the impact from the medical turmoil must of necessity dictate some needed changes in one’s life, so the natural instinct to resist the flux of one’s career is a natural reaction.  But for the Federal and Postal employee who ignores the need for change, failure to foresee will ultimately result in changes being made by external forces, and not necessarily by choice.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS or CSRS, is something that must be proven by the Federal or Postal employee who becomes a Federal Disability Retirement applicant.  It must be proven by a preponderance of the evidence; it must be affirmatively shown to the U.S. Office of Personnel Management that one is eligible and entitled to Federal Disability Retirement benefits.

When a medical condition begins to impact the Federal or Postal employee’s capacity to perform the essential elements of one’s job, the temptation is to first see the world as Parmenides did, and to resist change; but the reality is that change has always been in the air, and the metaphorical river to which Heraclitus referred has been eternally running through the peaks and valleys of life, quietly and without our realizing it.

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

Federal and Postal Disability Retirement: Tides and Turbos

Tides represent the natural ebb and flow of a rhythm in nature which occurs beyond the capacity or power of Man to control; turbos are mechanical inventions which exponentially increase the power of a machine to attain heights of artificial prowess previously unmet.

Both inspire a certain sense of awe.

The pull of the waters, though gentle in the lapping of waves and the gradual increase and decrease of the land becoming overtaken by the waters, then receding, is nevertheless an unstoppable phenomena; and anyone who has sat behind the wheel directing an engine with turbo power understands the sudden boost of energy and speed which can be wrought.

Both represent a force; the former, one which cannot be controlled; the latter, one which can only be directed.

How we approach life, our philosophy and manner, often parallels tides and turbos.  Some merely accept and go with the flowing rhythm of tides; others try vainly to control that which cannot be subjugated.

For the Federal and Postal employee who faces a medical condition such that the medical condition begins to impact one’s life and vocation, it is often a lesson to heed; for if one’s personality has been throughout akin to the tides of nature, it is often easier to accept that a change is necessary; on the other hand, if life has always been characterized by one’s attempt to control and contain, it may be that resistance to the inevitable is something which one must contend with.

Knowing one’s self in the turmoil of change is often the first step in a successful process.

As filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is a major event in one’s life, knowing first what must be embraced is often the initial, and most difficult, step in the process.  Whether the enjoyment of watching the tides, or the thrill of feeling the turbos, characterizes the life of an individual, will aid in preparing to formulate the next step in a Federal Disability Retirement case.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: The Things We Hold Onto

Human behavior reveals much; while we believe we are the cleverest of all species, and persistently engage in self-congratulatory endeavors, including self-esteem courses and passing laws to ensure that we cannot mistreat each other; nevertheless, leaving one deep in the wilderness to face other carnivores, even for a single night, without implements, flashlights or prefabricated weaponry, shows how we might fare against our competition.

Within the context of our own safety nets, what indicates much about ourselves are the things we hold onto.  Whether memorabilia from an era long past; or perhaps a piece of clothing from our childhood; old photographs of a friendship once thought unimpeachable, but somehow lost touch through distance, time and divergent paths of life’s difficulties.  We hold onto things, people, memories and habituated lives, because the trend of daily monotony provides a circularity of security.

There is comfort in knowing, and doing, the same things we did yesterday and the day before.  Erratic lives and daily unforeseen circumstances are rarely welcomed events.  Certainty evinces security; past patterns provide surety; and monotony allows for meaningful interludes of interrupted excitement.

For the Federal and Postal Worker who suffers from a medical condition, it is unfortunately often those things we hold onto for too long which comes back to haunt.  The old job, the past pattern, the known life; it all worked when once we were healthy.  But the uncertainty of the future dominates precisely because we tend to hold fast that which needs to be let go.

Federal Disability Retirement benefits, filed ultimately through the U.S. Office of Personnel Management, is an employment benefit available to all FERS, CSRS and CSRS-Offset employees under the Federal employment system.  It allows one to “let go” of past patterns of pain, suffering, and constant agony because of one’s medical condition, and to look to the future for a different and brighter prospect.

It may test the Federal or Postal Worker by placing him or her in situations not previously known; but, fortunately, it will not be a test against other species in the wilderness, but merely of one’s own kind.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Unwanted Change

Stability is what we seek; yet, with stability comes habituation and a staid routine of repetitive boredom.  Adventure, excitement and stimulation; these come at a price, and so we revert and remain in the cocoon of safety, daydreaming of that potential, other-worldly experience, but only if it can be attained under certain circumstances within our control.

That is the anomaly; change is often desired, but only with certain prescribed and proscribed stipulations within our control.  Unfettered change is to enter into the unknown, and therefore unwanted.

That is why medical conditions which impact one’s daily life is unwanted; not only did we not ask for it, and not only is it a burdensome change which forces one to rethink the course of one’s future; it is an experience into the abyss of the unknown.  It is an unwanted change precisely because it suddenly, and often irreversibly, mandates an alteration of course.

For the Federal and Postal Worker who suffers 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, serious consideration should be given to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.  Whether under FERS or CSRS, Federal Disability Retirement is an employment benefit offered to all Federal and Postal employees.

In the midst of turmoil and change, it allows for a return to the landscape of stability by providing for a base annuity, and a change to engage a second, alternative vocation.  Medical conditions are unwanted changes, and the control which one seeks within the turmoil of life is often found by attaining a further change beyond that unwanted one.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: The Value-Driven Life

Are expectations unrealistically embraced, adopted and concretized at the outset, without thoughts of malleability and alterations subject to changing circumstances? What happens when societal demands, whether explicit or implicit, clash with personal ambitions, to create a dissonance which tears apart the soul of Man?

The psychological chasm between what we believe our parents expect, what we desire, how we view the values as espoused in daily discourse with the world around us, becomes entrenched at an early age, and attaches to our psyche before we even have a chance to test the waters of reality. That is why most people find it difficult to adapt and to respond adequately to ever-changing circumstances.

Yet, the way in which we remain inflexible is a denial of reality; for, life rarely proceeds upon a linear direction without unexpected turns and twists. The love that we thought would be forever, ends in divorce and destruction; the career which we believed was the key to success, turns out to be a mere means to pay the bills; and the puppy that was to grow old with you, ceases to be before its time.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition impacts and prevents one from performing the essential elements of one’s job, the idea that life’s alterations must result in reactive responses different from the original course of one’s career, is not a new notion.

Filing for Federal Disability Retirement benefits, whether under FERS or CSRS, through the U.S. Office of Personnel Management, is obviously a career-changing, major decision to make. But the very fact that the benefit’s availability for all Federal and Postal employees who have a minimum of 18 months of Federal Service under FERS, or 5 years under CSRS, at least allows for the option to be offered at all.

Options are avenues for responding to life’s reality of twists and turns, in real time, based upon real circumstances. The paradigm set as a child may be nothing more than a dream once enjoyed; but in growing up, those childhood dreams needed to be adjusted in order to accommodate the reality of our daily lives.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: The Flashpoint

The flashpoint is the temperature at which an organic compound becomes combustible; during the entire time building up to that point, the rising temperature in combination with the chemical reactiveness of the substance was all the while sitting in preparation for the point of ignition; were there options to pursue prior to the point of ignition?  If there had been a change in chemical make-up, then perhaps the point of temperature-to-combination of substance would have altered, where either a higher or lower flashpoint would occur; or, the rise of the temperature, and the rate of acceleration, could have been changed.

Whatever the needed changes in order to avoid the flashpoint, however, one thing is clear:  the options are limited, and any altered states would merely delay the ultimate event of a flashpoint occurrence.

For Federal and Postal Workers who suffer from a medical condition, such that the medical condition impacts the performance of one or more of the essential elements of one’s job, the flashpoint of filing for Federal Disability Retirement benefits, whether under FERS or CSRS, through the U.S. Office of Personnel Management, is an inevitability which leaves the Federal or Postal employee similarly limited options.

One can continue in the mode of life which one finds one’s self in: of the daily treadmill of suffering through the workday with pain, profound fatigue and progressively debilitated emotional turmoil.  Or, one can wait for the Agency to initiate an adverse action, such as a Performance Improvement Plan (PIP), periodic suspensions or reprimands — or removal.  Or, one can begin to prepare, formulate and file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Limited options do not necessarily constitute a flashpoint of negative consequences; yes, a fire bursting in a home is a tragedy, but then there are controlled fires and even naturally occurring ones in fields of decay which benefit the environment.

It is thus ultimately up to the Federal or Postal employee to determine the point of combustibility, and therefore the timing of the event identified as the flashpoint.

Sincerely,

Robert R. McGill, Esquire

OPM FERS/CSRS Disability Retirement: Need versus Necessity

Needs can be variegated, and can be satisfied partially, delayed for further fulfillment at a later time and event, or controlled by sheer will and self-discipline.  They can also depend upon the particular individual, circumstance and personality and/or character of an individual.  They can vary based upon the subjective perspectives of an individual.

Necessity, by contrast, implies an objective determination of a mandated requirement.  It is not to be questioned; it is unequivocally “needed”.  As a prerequisite for completion of a linear production line, a necessary cause, while perhaps insufficient in and of itself to satisfy the entirety of the sequence of events, is nevertheless a required X in order to even consider the completion to Y.

For Federal and Postal employees who suffer from medical conditions such that the medical illness or injury impacts one’s performance, for a time — undetermined, perhaps, in the beginning of the process — Federal Disability Retirement benefits, applied through the U.S. Office of Personnel Management, may merely be viewed as a need, and therefore one which may be delayed, considered, and perhaps looked upon merely as one option among others.

As the medical condition continues to progressively deteriorate, it is the seriousness of the nexus between the medical condition and one’s ability/inability to perform the essential elements of one’s job, which ultimately begins to determine the need and transform it into a necessity.

Whether under FERS or CSRS, the Federal or Postal employee must make that time of determination — that personal choice — of when the transformation occurs; but because Federal Disability Retirement takes on average 8 – 10 months to obtain, from the start of the process to its conclusion, it is well not to wait for the transformation from “need” to “necessity”, to be further characterized as the third step in the evolution — one of critical crisis.

Sincerely,

Robert R. McGill, Esquire