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

 

Medical Retirement for Federal Workers: These Holidays

Do We dread, or welcome them?  Is it a season to which we look forward, or hope that they will quickly fade into memories best left forgotten?  Is it to endure, tolerate, give a plastic smile to, or do we guffaw uproariously where our hearts flutter with sincere flushes of joyful tears?

On the other hand, must our emotions always be bifurcated into extremes of disjunctives?  Must it be “Either/Or” (to borrow Kierkegaard’s Title to his opus magnum)?  Can it not be some compromised “middle ground” where we enjoy certain parts of it, tolerate with indifference others, and leave the rest to the ash heaps of eternal drawers shuttering away in memories unrevealed?

The “Holidays” are a time of bustle; and though we complain of the “commercialism” of the modern era, we refrain and restrain ourselves because we know that, to do so is to be tagged a “Scrooge”; and so we quietly acquiesce, “go with the flow” and smile wanly as the world decorates itself in preparation for a single day in a time of multiple troubles.

But in the end, isn’t it nice to “make-believe?”  For, there are always the tomorrows and the day after; the day before, and other times of mundane and common occurrences, and to celebrate one out of all of those “others”, even if tomorrow brings back the reality of tumults and memories of better yesterdays — still, through it all, it is nice to gather around and sing a Christmas carol, to light a candle, to bow in prayer for thanks and wishes.

In the end, it is — after all — these Holidays that matter not because the world says so, but because we have an excuse to be with family, friends, hug and laugh, if only for a day in remembrance of these holidays.

Merry Christmas, Happy Holidays, and have a Happy New Year.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Benefits: Losses

How many losses must one accumulate before being deemed a “loser”?

Was it just yesterday that Cal Ripken, Jr. won with the Baltimore Orioles in 1983, after a mere couple of years in the minors, but with that World Series ring on his finger, would then see decades of losses mount as a result of poor decisions in trading players, acquiring “has beens” and being in the unfortunate AL East where the Yankees and the Red Sox seem always to vie for the top tier of the elect?

Can a team win a World Series one year, then go on for thirty-plus years without ever winning one again, and yet be deemed “a winner”?  Or, can one always pause, give a grin, and say, “Yeah, but we were winners in 1983!”

Does one win wipe out an avalanche of losses such that the singularity of glory negates the overwhelming statistical significance of unending disappointments?  Or, what of the person who once had a promising career, but through a series of unfortunate circumstances considered by most to be no fault of his or her own, cannot quite achieve that level of promises dreamed of but never materialized?

Do we, in our own minds, create conditions which are impossible to attain, and then deem those unreachable goals as “losses” despite the artificial nature of the criteria imposed?  Do losses mount and exponentially aggregate because failure seeks after failure, and somehow the subsequent one is a natural consequence, inevitably by inherent nature, of the previous one?

Does bad luck come in bunches because of some Law of Nature, or is it just in our imagination that it seems so?  Are much of losses artificially created — i.e., we set the proverbial “goal post” in our own minds, then miss the metaphorical field goal and become despondent over the “loss” created within our own imagination within contextual circumstances fantasized that have no connection to objective reality?

For Federal and 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 or Postal job, that sense of “loss” can be an admixture of both objective reality and subjective, artificial creations.

The medical condition itself is an “objective” loss; but the Agency or the Postal Service’s efforts to compound the adversarial circumstances can be created in an ad hoc manner, where there are no rules or criteria to follow except upon the whim of the supervisor or the department’s reactionary intuition.  The interruption to one’s career; the constant struggle with a chronic medical condition; of being forced to deal with deteriorating health — these are all real “losses”.

On the other hand, adversarial initiations by one’s Federal Agency or the Postal Service — these, too, are “real” losses, though artificially created and unnecessary, in many instances.

Both must be dealt with when preparing, formulating and filing a 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 — but the fact that one must “deal with” so many “losses” does not, in the end, make one a loser.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: Asylum

As an active noun, it can mean the protection accorded to a migrant seeking refuge and escape from persecution; in a passive sense, it is an institution with a historical connotation of ill-treatment and mistreatment, imposed against the will of another who may be unable to care for oneself.  In either implied denotations, it reflects a protective refuge, either against the outside forces by within, or in response to inner spirits imagined without.

In rarer moments of perceptive translucence, one sees the need for the imposition of both definitions upon an allegedly sane universe.  Like the story by Hans Christian Andersen, The Emperor’s New Clothes, it isn’t until we stop ourselves and pause for reflection, like the boy who shouted out that, indeed, the Emperor is wearing none, that the need for an asylum is everywhere to be discovered.

Federal employees and U.S. Postal workers observe and witness such an event each day, every hour.  For Federal employees with a medical condition, and Postal workers who suffer through the agony of daily turmoil because “management” will not allow an injured worker to be accommodated, the abuse and misuse of people — the very resource of civilization which should be protected like precious gems to be admired and revered — is palpable and ultimately inexcusable.

Federal Disability Retirement should not be the final refuge of asylum seekers, but it often is.  It isn’t that Federal or Postal workers turn at the first opportunity to seek the protective walls of escape, but Federal and Postal workers often have no other choice.  If allowed to recuperate and regain one’s sense of equilibrium and repose, it may be that the wealth of experience and knowledge gained through years and decades of work could be re-channeled, but Federal agencies and the U.S. Postal Service rarely see it that way, and instead view all individuals as merely short-term investments.

Asylums are built to protect, but when the patients have run amok and control the very institutions designed to provide the refuge needed, it is then time for the Federal or Postal worker seeking assistance in filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, to contact an attorney to escape from the madness of antiseptic walls crawling with imaginary creepy-crawlies — or those who control the levers of power in the Federal agencies and the U.S. Postal Service.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Survival

The struggle to get through a given day can be overwhelming.  The complexity of the human phenomenon is beyond mere comprehension; and, as some mysteries are simply unsolvable, so the accepted view of evolutionary will for survivability is defied daily.  Can it really be explained by a language game encapsulating “instinct”, “genetic determinism” and “innate desire to propagate one’s species“?

Such a language game is tantamount to Popper’s falsifiability axiom; it falls into the category of a nice story, and even believable, but no historical data to test its veracity.  Each day is an extreme test of Nietzsche’s calculus of one’s will to live; and, by the way, it is always other people who truly compel the test.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s positional duties, the endurance of survivability is a test of daily will.  What makes it tougher?  It is a question of relativity, of course.

The increasing pressure from the agency for greater productivity was barely bearable before the advent of the medical condition, or its manifested symptoms exacerbated recently; the sudden whispers and glances askance when exiting or entering a room; and the cyclical viciousness of wondering what next the agency will do, is contemplating, or conniving, as the case may be.

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, may not look like the “be-all” solution in every case; but where the clash of survivability and the lowering of one’s stature within the Federal agency or the U.S. Postal Service from one of “golden boy (or girl, as the case may be)” to “questionable”, then the proverbial writing on the wall may necessitate the preparation of an “exit strategy” from the war zone of predators.

In the end, the anthropological account of man as merely one animal among others, and the predatory environment characterized by the paradigm, “survival of the fittest“, is both believable and compelling.

Hobbs, Rousseau and Locke were precursors in their literary genius of bifurcating the condition into that of “state of nature” and “civil society”, and we can still fool ourselves within the surroundings of technology and architectural wonders, that we are somehow above the beasts of burden, and other amoebas and prehistoric entities; but like tumors and other things that grow, survival cannot be the standard of living; otherwise, staying put would be the way to go.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Process: The Farcical Foray

It is the complexity of the absurd which tends to amaze; whether, in this day and age, we have lost the subtlety of the ludicrous, is sometimes to be held with awe.

Shakespeare’s Court jesters, clowns and fools all had that capacity to meander with linguistic pointedness; and it was in the very contrast between a character taking absurdity too seriously, and the juxtaposition of seriously expressing the absurd, that truth of circumstances often emerge. Within the context of such satire, there is a seriousness of purpose, and though we often become lost in the travails of life’s challenges, were we able to step back and consider the farcical, the foray would transcend between the mundane and the heavenly.

For Federal employees and U.S. Postal workers who engage the bureaucratic process of preparing, formulating and 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 patience shown is a tribute in and of itself.

Yes, the bureaucratic process can often be likened to a farce; and yes, the lengthy administrative procedures and legal maneuverings reflect a complex process of the absurd; and — but for the medical condition which is the foundation of it all — the encounters with life’s obstacles throughout the administrative process would often make for laughter and mirth.

Be not distracted, however; filing for, and obtaining, Federal Disability Retirement benefits from OPM, is neither a satire nor a pleasurable play to witness; rather, it is a serious endeavor which must be taken seriously; and though King Lear was a serious play whose Court Jester revealed the absurdity beneath, preparing, formulating and filing for OPM Disability Retirement benefits should be approached and engaged with the full comprehension that behind the curtains of life, the foundation of every Federal Disability Retirement application stands a human being waiting upon the human folly of man-made bureaucracy and administrative turmoil.

Sincerely,

Robert R. McGill, Esquire