Tag Archives: when resigning a federal job because of long term illness

FERS Disability Retirement Law: The Stories We Carry

How we allow our thoughts to narrate the inner voices we carry, matters in how we see ourselves.  The proper stories we tell ourselves; what words we choose when describing an incident we were involved in; even the tone of the voices heard within the inner, insular world of our own thoughts — they are important in formulating who we are, what we believe, and what the future holds for us.  The correspondence theory of language is now an antiquated, outdated theory of language.

When Bertrand Russell stated with a mischievous smile that the “ present King of France is bald” — he knew at the outset that there was no “present King of France” and, moreover, that “baldness” cannot be attributed to a non-existent royal entity; and yet, we fully comprehend the statement.  By comprehension, we admit to its meaningfulness, and even its coherence.

But how can a nonsensical statement having both meaning and coherence?  That is the point — that meaning and coherence have nothing to do, necessarily, with existence in the objective universe.  Then, one might query, what is so important about the stories we carry within our heads if they have no correspondence to the objective world?  Not only is it important, but moreover, it is significant; for, in the end, the stories we tell ourselves, about ourselves, which we carry within ourselves, provide the inner psyche to possess the confidence and strength to maneuver through the world we must occupy for the limited time we have in this world.

For Federal employees and US. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from continuing in his or her career, you need to contact a Federal Disability Retirement Lawyer and quit beating yourself to death about failures, inadequacies and debilitating incompetencies that your Federal Agency has come to make you believe.

Contact a lawyer who specializes in Federal Disability Retirement Law and begin the process of moving forward and beyond, so that the stories you carry will keep you growing into the next decade — and beyond.

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.

 

Federal Employee Disability Retirement: What we Seek

Can everyone’s desire be placed under a single rubric, a single conceptual umbrella which captures the essence of human want?  Is it happiness we all seek?  A sense of security, or perhaps of joy, contentment, peace or love?

And if we were to all agree concerning the single most important goal for which we seek and strive, would we agree as to the definition of what it all means to each of us?  If of happiness, what would constitute the particulars of it?  For some, perhaps unlimited wealth?  For others, of love, endless satisfaction, or a single lifelong partner to share one’s dreams and aspirations?

What about for the person who suffers from a medical condition — perhaps of being “pain free” is what he or she would seek?  Of “good health” — is it something which we all seek but often take for granted and overlook?

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 one’s Federal job, what is sought is often a return to health.  Federal Disability Retirement is one component of a wide variety of elements which assists in returning to a level of health, by relieving the stresses inherent in attempting to juggle work and health-issues.

While filing for FERS Disability Retirement benefits may not be the final goal or solution to that which we seek, it is one component within the multiple elements which make up for the array of those things we seek.

Consult with a FERS attorney who specializes in Federal Disability Retirement Law in order to attain and satisfy at least one of those components.  It is, in the end, an often-overlooked element necessary as a prerequisite for any of those other human goals — whether of happiness, contentment, peace or joy; and even of love.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Benefits: The Feeling of Late

Do other species experience the same phenomena?  You know — of the feeling of late; or, more precisely, the pressures and stresses of “being late”, or some similar state of being.  How does the feeling come about; what creates it; and when does it go away such that there is no internal pressure that exacerbates the feeling we place under the general aegis of “stress”?

The feeling of late is an internal, insulated and cognitive sense, self-created and entirely manufactured within the context of a uniqueness caused by societal conditions.  It is entirely artificial (as Rousseau would deem it) and is not necessarily experienced by all.  Does it irritate to know someone who seemingly is oblivious to that experiential phenomena?  You know, the person who is incessantly late for appointments, never makes it on time to a dinner reservation, and seemingly is unaffected by a world which is obsessed with keeping time as a barometer of orderly self-control.

Time governs us all; for some, it creates a time-bomb of conflicted stresses; for others, a passing glance of concern; and only for a few, an irritant ready to be cast aside and ignored with aplomb and deliberative disregard, like a gnat on a summer’s night to be swatted and forgotten.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement, there is often very little difference between the feeling of late and the stresses pervasive stemming from a degenerative medical condition: In the end, whatever the sensation that destroys and gnaws, it is an experiential phenomena that debilitates and overwhelms.

Filing for FERS Disability Retirement may not be the complete solution to all problems, but it does allow for a Federal or Postal employee to focus upon that which should be a priority — of one’s health.  For, it is health itself which is the antidote to the feeling of late.  And, oh — to be like that person who cares not whether the appointment is at a given time, or that the dinner reservation is already past.

Sincerely,

Robert R. McGill, Esquire

 

Early Retirement for Disabled Federal Workers: The empty plaque

Somehow, they only retain their meaning and significance if there is an ongoing recognition of current accomplishment and recent reinforcements.  Commemorative plaques may provide a historical context of one’s abilities and talents, and even reveal a shadow of a person’s former self; yet, they also magnify the contrast between what once was and the current state of difficulties one faces.

The “plaque” that is placed prominently on a wall, or occupies a conspicuous space on one’s desk, should never be a “dead” object.  For, once the plaque becomes a forgotten piece of history, as opposed to a mere intermediate interlude on the way to greater heights of accomplishments, it becomes a reminder of a past now irrelevant and unimportant.

Plaques should be the middle portion of a life still to be lived and not the final, indelible stamp of cessation.  Moreover, in modernity, the realization that accolades, fame and yesterday’s recognition mean little-to-nothing in this fast-paced universe where thanks are for a moment ago and resting upon one’s laurels will leave you behind quicker than quick, leaves one with a hollow feeling of trembling insecurities.

The empty plaque is the one you hope will carry you through when nothing much happens, even when you know it will not.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where 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 significance of the plaque becoming empty is quickly realized: Whatever accomplishments that were achieved yesterday is unimpressive to the Federal agency or the Postal Service; whatever loyalty you believed was forthcoming because of your loyalty given over so many years…well, don’t hold your breath.

In this world where commitment, loyalty and reliance upon plaques and other objects of recognition hold sway for barely a nod or a wink of time, it is best to begin thinking about yourself, and 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, is the first step in recognizing that the empty plaque sitting on one’s desk or hanging upon the wall became empty once your usefulness to the agency or the Postal Service became compromised by the medical condition itself.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: Authentication

There is a process and means by which it is accomplished — as in authenticating a painting or an antique piece of furniture, jewelry, etc.; of an autograph or handwritten letter (although, many will say that in the field of forensic sciences, handwritten analysis is far from reaching a vaunted level of precision or reliability); of a pet’s pedigree or even of a person’s right to have access to sensitive information, etc.

Authentication is thus a process of verification, of identifying X as being Not-Y in many instances, where exclusion by elimination of other possibilities results in the declaration of the genuineness of the person or thing declared to be so.

When applied to an object, it inspects and compares against other objects within a historical context, style, peculiar features of an artisan’s eccentricities, period-characteristics and signature features, etc.  When applied to an individual, it may take into account physical features as well (appearance; finger prints; voice matching; DNA sample, etc.), but could also encompass questions posed and answers given, and depending upon the comparison to known archives of historical background checks made against statements previously provided, deem that an “authentication” has been reached concerning the “true” identity of an individual, akin to declaring that a painting previously unverified is in fact a product of this or that “Master”, or that an antique furniture piece was the craftsmanship of some famous cabinetmaker during the Jeffersonian Renaissance period or from some pop-culture minimalist timeframe during the early Sixties, etc.

The process of “authentication”, of course, can be distinguished from whether or not an individual is living an “authentic life”, as well, and here, the meanings become somewhat muddled and divided.  One can be “authenticated” and be allowed access to sensitive banking information, be allowed to use a credit card, write a check, etc., and still live an inauthentic life (e.g., act like someone you are not, present yourself as a “family man” despite all the while committing multiple affairs; live a double or triple or even a quadruple life and deceive everyone around, etc.).

The process in reaching a conclusion as to whether a person is living an authentic or inauthentic life is somewhat different from “authenticating” a person.  For, to engage in the former analysis, it is normally done for the most part as a self-analysis (i.e., only the person who is living an inauthentic life can know for certain whether it is so or not), whereas the methodology imposed of “authenticating” a period-piece or an individual (the latter) is by applying a more objective standard of comparative review.

For the Federal or Postal employee who is suffering from a medical condition, where the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the dual issues of “authentication” and “authentic living” come to the fore, precisely because the Federal or Postal employee becomes forced into behaving in rather inauthentic ways.

Hiding the medical condition; trying desperately to work through the debilitating symptoms and maintaining an appearance of normalcy; and all the while trying to force a consistency between one’s capacity and the watchful eyes of the Federal Agency or the Postal Service — these are the elements that challenge the authenticity of one’s life.

Living an authentic life under normal circumstances is difficult enough; trying to authenticate one’s capacity to continue “as is” in the face of a progressively deteriorating medical condition makes it all the more challenging.  It may be that 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 the only way forward in forging an authentic pathway away from an inauthentic morass that the medical condition has forced upon you.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation Federal Disability Retirement: Biding time

Inmates in correctional facilities do it; criminals in wait; patients in doctor’s offices who have been informed that there will be a short delay because of an emergency procedure that the physician had to attend to; and most of us in general who live life anticipating disasters, tomorrow’s unfortunate events or the next day’s calamity to come.

We all bide our time in living our lives, and it is the time of biding that is wasted away until, near our deathbed, the expected outcome of disaster never came, the calamity never developed and the corrosion of life never materialized.  It is one thing to wait on another person; another altogether to engage in the patient virtue of sitting motionless or passing the time away in anticipation of something beyond; it is quite another, and perhaps unique, that human beings actually actively engage in the activity of “biding time” in order to start a process.

Vengeance often takes biding of time; planning for a future definitely requires biding time; and old men and women in nursing homes have nothing better to do than to bide one’s time.  To live life biding time, even at the horizon of one’s twilight in elder states of despair, is no way to exist.

For Federal employees and U.S. Postal workers who are beginning the process of, have already begun the procedural steps to, or otherwise are in the middle of the administrative process of preparing, formulating or filing a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the key to “biding time” during this complex administrative process is to have “a plan”.

It is a long, arduous, difficult and time-consuming process.  Even after it is successfully filed, the time waiting upon a decision just at the First Stage of the administrative process can now take a very, very long time, and how one plans to bide one’s time during this long process is something one needs to consider.

Will you remain on LWOP during this time?  Will you resign, get terminated, and will you work at a private-sector job while waiting for OPM’s decision?  Will temporary loss of health insurance be a consideration?  If it is denied at the Initial Stage of the Federal Disability Retirement process, will that mean that you can endure the lengthy second Stage, the Reconsideration Stage?  And if you have to go and have a Telephonic Hearing before an Administrative Judge at the U.S. Merit Systems Protection Board, which will take a minimum of 120 days beyond, will that still be within the plan of attack in biding time?

Hopefully, one’s Federal Disability Retirement filing with OPM will go smoothly; but in the event that all of the proverbial bumps on the road are encountered in your particular journey, it is important to consider the extent of biding time during the process.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Claims: Unheralded individuals

Most of us fall into that category; rarely is there a person of “outstanding” qualities where a string of superlatives is deservedly ascribed.  This, despite a generation or so of children in schools being told that “every child is special” and that if you put your mind to it, you, too, can accomplish great things.

No, one may not be the star athlete, or even a starting one; or be talented in music such that one is accepted into some named consortium, or even be recognized for work in everyday, common settings. Yet, we all agree that it is “important” to give compliments, assign praise and shower accolades upon others, if only to ensure the healthy developmental aspects of the human ego.

Then, of course, there are those who “act up” for various reasons, and psychologists will speak about the yearning for an identification, the need for an outward showing of love, and how a person “acted out” of a need for expression, from frustration or sought-out recognition.  Is that what we all mean when that sudden terrorist act occurs and we hear the constancy of the next-door neighbor: “He (or she) was such a quiet, good neighbor.  Who would have thought?”

Is there really such a person?  What if an individual grows up and wanders throughout life never receiving any recognition of any sort – would that person end up being a healthy, well-adjusted, well-rounded and contributing individual?  Like unnamed tombs left for the weeds to overshadow in abandoned backyards of churches left to rot, can a person become a “person” and fulfill his or her “personhood” even if no one ever recognizes or otherwise points out such a person for some individualized, focus variant of an accomplishment seen?

Yet, such people are what are grouped into a faceless amalgamation as the “backbone” of a country, are we not?  Of those quiet, unassuming individuals who just work quietly, go about their business and work out the daily problems of the day, while those “heralded” individuals take the credit, appear on television and get their 15 seconds of fame in the world.

In this Kardashian-based universe where appearance trumps reality, the old philosophical arguments of Platonic Forms as opposed to the irrelevance of surface-realities, no longer applies.  The world has become a format (or, more appropriately, a floor-mat) of topsy-turvy indulgences.

For the Federal or Postal employee who suffers from a medical condition, where the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the whole issue about being an “unheralded individual” is probably nothing new.

For, once the Federal agency or Postal facility sees an individual as “that one with a medical condition”, the entire outlook changes and the person with the medical condition suddenly becomes the proverbial persona non grata, the one relegated to the corner desk facing a wall, or otherwise shunned by the agency, the Postal facility and all coworkers besides.

Somehow, that is the “true” accommodation – to shun and ignore a “problem child”.  Well, you certainly are, at least, getting your fair share of recognition, now.  However, recognition of that sort can be dispensed with, and the best way to do that is to prepare, formulate and file 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. That way, you can fulfill your fullest potential by becoming one of millions of unheralded individuals.  Welcome to the club.

Sincerely,

Robert R. McGill, Esquire
OPM Disability Retirement Attorney

  

FERS & CSRS Disability Retirement: Superiority in light of misfortune

Why is it that we delight in the misfortune of others?  Is it a perversity of defective character, like a genetic malformation of deviancy magnified by exponential proportions within the essence of man?  Or, is it that, by comparative analysis and contrasting the parallel states of being, we can elevate our own estimation of worth by pointing to the relative denigration of our neighbor?

Certainly, we proffer the words of appropriate opprobrium; “I feel badly for X”; “I get no joy out of hearing that,” and similarly innocuous statements of hypocritical emptiness.  But we liken the principle of action/reaction, downward trend/upward spectrum, and similar opposites to reflect the superiority of our own circumstances.  “Here by the grace of…”  Is that why the “herd mentality” and the predatory instinct of running with a pack of wild dogs from whence it arises?

For Federal employees and U.S. Postal workers who suffer the indignation and daily harassment at the hands of agency coworkers, Managers, Supervisors, and those who were once considered “workplace associates”, and further fine-tuned and magnified in the hostile milieu of the Postal Service, the daily encounter with pure meanness and focused unpleasantries is experienced pervasively by the Federal and Postal employee who suffers from a medical condition, such that the medical condition begins to prevent the Federal and Postal employee from performing the essential elements of one’s positional duties.

Why, when the medical condition itself should empower one with greater empathy, a higher reception of closeness and affinity, does the very opposite phenomena take place?  The superiority of others in light of one’s misfortune speaks ill of the human essence.

That is why, in the end, 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 an important step to take for the Federal or Postal employee, precisely because it allows for a “new beginning“, a “step forward”, and all of the cliched foundations in order to escape the greatest delusional cliche of all:  Superiority in light of another’s misfortune, when in fact nothing has changed, either for the one who feels better, nor for the other who suffers, except that the perversity of man is merely reinforced with a deserved reputation for cruelty.

Sincerely,

Robert R. McGill, Esquire

 

OPM Accepted Disabling Conditions: Suicidal Ideations

It is perhaps the final vestige of societal taboo; for, at what point the human animal realized that self-destruction became an option is open for debate.  In the Animal Kingdom, it is rare to find species openly seeking to end life; the struggle to survive and the Darwinian inherency for self-preservation and survival remains as vibrant as ever.

Being diagnosed with “suicidal ideation” is normally associated with psychiatric conditions of Major Depression and Generalized Anxiety, where the acceptable level of stress-tolerance exceeds the capacity to withstand.  Each individual is a unique creature; in this cookie-cutting mold of society where people get lost in the importance of position, fame, accolades and a false sense of admiration, it becomes commonplace to question one’s sense of worth and value.

Psychiatry has never been a perfect science; some even question the validity of its approach, as it has now become overwhelmingly a pharmacological event, with some semblance of therapeutic intervention thrown in as an afterthought.

For Federal employees and U.S. Postal Service workers who are contemplating 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 even CSRS Offset, the existence of suicidal ideations (or otherwise simply known as “having suicidal thoughts”) is often lost in the compendium of diagnosed psychiatric conditions, including Post Traumatic Stress Disorder (PTSD), where a significant event has intervened which has resulted in traumatic reverberations in one’s life; Anxiety (or more officially identified as Generalized Anxiety Disorder); Major Depression; Bipolar Disorder, with spectrum symptoms of manic phases and depressive states; as well as schizophrenia and paranoia.

For relevance to filing for Federal Disability Retirement benefits through OPM, the existence of suicidal ideations is often one more indicia of the seriousness of the diagnosed psychiatric conditions, but should never be determinative in whether one’s psychiatric condition is “serious enough” in order to be eligible for Federal Disability Retirement benefits.  Indeed, there are many, many Federal and Postal employees who file for OPM Disability Retirement benefits, who suffer from Major Depression, Anxiety, PTSD and other forms of psychiatric conditions, without ever suffering from suicidal ideations, and yet are fully qualified for, and become entitled to, Federal Disability Retirement benefits.

Further, as Federal Disability Retirement is based upon the algorithm of showing the nexus between one’s medical condition and the positional requirements of one’s Federal or Postal job, the impeding aspect of suicidal ideations may be negligible.  Rather, from a medical standpoint, it is one more factor of concern and consternation within a long list of diagnoses and symptoms which cumulatively form the basis for an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Linguistic Labyrinth

Language is a labyrinth of paths.  You approach from one side and know your way around; you approach the same place from another side and no longer know your way about.”  #203, Philosophical Investigations, Ludwig Wittgenstein.  Life is never a static construct; those who consider it so, are sorely left behind when the winds of change suddenly fill the sails and the slumbering ship awakens with a groan to pull free of its moorings.

Left behind are the days when a person could count on the vocation of the parent, or of a career singular throughout.  Instead, the economy forces us to adapt and reconsider; new skills are needed, or old ones refined and readjusted.  And the feudal days when the kindness of the squire was tested where lameness or debilitating accidents incurred the wrath of life, are bygones of past initiatives thrown to the howling wolves of predatory eyes lurking behind to take advantage of every slight and weakness revealed.

Language is like that, too.  We think that schooling ends when the diploma is handed out, at whatever stage of advancement; but the reality is that the true test of self-initiative begins at that very moment, precisely because liberty allows the freedom to choose between vice or value, where the former is offered freely to the youth who has been released from the shackles of parental control.

For Federal employees and U.S. Postal Workers who find themselves in a position where a career move is necessitated by an unfortunate accident or onset of a medical condition, the truth of Wittgenstein, and of life lived in a world of complexities, comes to the fore.

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 a difficult approach when the mandates of life’s ferocity coalesce in a tripartite convergence:  a medical condition; impact upon one’s ability to perform the essential elements of one’s positional duties with the Federal Agency or the U.S. Postal Service; and the need to secure one’s future in order to attain a level of financial stability.

The unknown labyrinth of language becomes a maze of confusion when the Federal or Postal employee encounters the legal eligibility requirements mandated by the U.S. Office of Personnel Management in order to overcome the obstacles and hurdles in an effort to obtain a Federal Disability Retirement annuity.

Throughout life, the Federal or Postal Worker has approached the path of language from one opening; now, he or she must enter the gates of a bureaucracy which requires expertise and knowledge of a completely different sort, and without the assistance of an attorney, you enter the labyrinth of the unknown at your own peril.

Sincerely,

Robert R. McGill, Esquire