Tag Archives: wishing to overcome a disability but being physically unable to do so

OPM Retirement for Mental or Physical Incapacity: Life Changes

For some, transitions constitute mere alterations with minimal reverberations; but for most, change from routine is itself a traumatic event worth resisting even at the expense of one’s own good, one’s advantage, one’s self-interest.  Stability and the status quo represent a daily habituation of life where symbolism of sameness parallels security and safety.

It may be the routine itself; and while complaints about work may abound, the complaining itself engulfs a camaraderie of a community of collectivism. But for the injured Federal employee and the U.S. Postal worker who begins to suffer from a condition, such that the progressively deteriorating nature of the injury or disability begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s job, it is often the forced imposition and lack of choice in the matter, which exponentially magnifies the hardship of acceptance.

Man lives by routine of daily monotony.  Economic requirements imposing a time to get up, to groom oneself, perform the toil of the day, and then to come home exhausted but satisfied that some contribution to society was made, some significance in the greater cosmos of teleological void was marked in an unnamed and unrevealed book of acknowledgments; to interrupt such a routine after years and decades of fighting for an obscure cause, is a shock of life.

To choose to change is one thing; to have the choice made for you, quite another.  And of course, acceptance of an altered life can take some time, but time is never on the side of the Federal or Postal worker who must find an alternate source of income.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset, is never an easy venture to undertake.  Alone, it is a lonely meandering within a confusing morass of administrative conundrums; with some guidance, it is merely a directed disruption of a disquieted life. But necessity mandated upon the Federal and Postal work often reveals an inner strength which somehow manifests itself in the sea of change, and for the Federal and Postal worker who must file for Disability Retirement from the OPM because of the imposition of a medical condition, life’s inevitable changes must be accepted in this world of shifting sands, as time marches on whether the invisible chains of stability keep secure the earthquakes felt, or yet to be experienced.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Evidence of Change

The charge against Bishop Berkeley has always been one of contemptuous absurdity.  For, if all that we can ever rely upon are sense impressions, then how can one maneuver through the dangers of the physical universe without bumping into tables and chairs, with calamitous consequences of mortal endangerment?  If we step from Room A into Room B, does the former disappear and lose objective existence while the latter reappears and reconstitutes itself into a viable, vibrant universe?  But that is precisely Berkeley’s point, isn’t it? One could argue that his philosophy represented the nascent murmurings of the English linguistic movement (perhaps he is turning in his grave, as he was born in Ireland), where definitional realignment of language became the methodology of solving all philosophical problems.

Thus, in pure technical terms, inasmuch as what we perceive are merely changes to our sense perceptions, as opposed a direct contact with the physical universe, his approach merely confirmed Kant’s later bifurcation of the world into an objective universe versus a subjective, humanly perceptible world. And, indeed, we tend to become lost in the universe of our own making. That is often the problem which confronts the Federal and Postal employee who finally comes to a realization that one’s Federal or Postal job has been, and remains, in jeopardy because of an ongoing medical condition which has been impacting one or more of the essential elements of one’s job.

The internal ruminations spurred by worries, concerns, stresses and anxieties, often form a wall where the evidence of change and the need for alternative measures is prevented because of the blindness of our awareness. Concerns can be overwhelming; and when medical conditions impact the Federal or Postal Worker, such that the Federal and Postal Worker is beset with chronic pain, psychiatric conditions which overtake one’s capacity to possess the acuity of mind needed to maneuver through this complex world, etc., then it is too often the case that the one who is impacted by the medical condition — the Federal or Postal employee — is the one who is the last to notice the evidence of change and the need for change.

Clinging on to the habituation of daily living provides a level of comfort necessary for sanity.  But staying on when everyone else — the agency, supervisors, coworkers, etc. — has changed in their attitude and approach to embracing the Federal or Postal worker as the valued employee he or she was once considered, is a foolhardy and stubborn refusal to acknowledge the obvious.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS or CSRS, through the U.S. Office of Personnel Management, is the first step in recognizing the growing evidence of and for change. And, whether what we perceive are merely sense impressions, or the actual rumblings of the objective universe, the reality of one’s medical condition which the Federal and Postal employee must face in determining the best course of action, should always involve a focus upon one’s own best interest, and that may include consideration of filing for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquir

 

OPM Disability Retirement: The Problem of Perhaps

Perhaps it is time to approach the problem from a different perspective; perhaps it is not.  We often engage in games of self-delusions, of allowing words of self-justification to interfere with sequential and linear lines of thinking, in order to bypass the harsh reality of what is often an inevitability.

The allowance of bifurcation of thought — of the logical disjunctive of choices and options to choose from — makes an allowance of pretense to procrastinate in intellectually acceptable ways.  We sound thoughtful and intelligent when we weigh the various alternatives.  And, indeed, it is normally a “good thing” to gather, review and evaluate the options open to us, and to make the proper decision based upon such an analysis.  But at some point in the process, continuing in a morass of intellectualization becomes problematic.

When the choices are limited, clear, and necessary to act upon, to play the “perhaps” game becomes merely a way to delay the inevitable.

For the Federal and Postal employee who must contemplate a drastic change of circumstances by preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, engaging in such mind-games merely prolongs the process.  At some point, action must proceed from thought; and for the Federal and Postal Worker whose medical condition is such that it impacts one’s ability to perform the essential elements of one’s job, it is the action which must prevail over the perhapses of our mind.

Sincerely,

Robert R. McGill
Federal Disability Lawyer

CSRS & FERS Disability Retirement: The Time to Make the Decision (Part 1)

Waiting until the last possible moment to start the process to file for Federal Disability Retirement under FERS or CSRS may be commendable from the Agency’s viewpoint — but is it smart?  If you are a Federal or Postal employee with multiple years of service, and you believe that because you gave your life, your blood, your sweat, tears, and even your firstborn, that therefore you will receive what I often term as “bilateral loyalty” (i.e., an expectation of receipt of loyalty from your agency for having given your undying loyalty to them throughout the years), you might want to reconsider.

If you are exhausting all of your sick leave, using your annual leave, dipping into your TSP in order to “hope” that you will recover from your continuing medical condition, then come to a point where you need to file for Federal Disability Retirement under FERS or CSRS, then come to realize that you must survive for 6 – 8 months, or even longer, and pay an attorney, pay for medical reports, and _______ (here, you may fill in the space yourself), then you may need to re-think the entirety of the process, the time it takes, etc.  Most people know, very early on, whether or not he or she has a medical condition which will last for a minimum of 12 months.  The time to start planning for the future is now.  As a famous football coach once quipped, “The future is now.”

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: The Right Time (Part 2)

How to determine when is the “right” time to file for Federal Disability Retirement benefits under FERS & CSRS, and when is the right time — those are issues which are quite personal and peculiar to each individual case.  Unfortunately, it is the very inherent nature of medical conditions, medical disabilities, and the chronic & debilitating symptoms that accompany such conditions, combined with the strong sense of loyalty, commitment to duty, and the desire to continue to believe that a Federal or Postal worker will overcome the current condition of disability — that often prevents a person to come to the critical point of determining the “right time”.  And, to put it in its proper perspective, this is probably a good thing, insofar as being a reflection upon the character of most individuals. 

Most individuals have a strong sense of commitment and hard work, and most want to continue to believe that one’s condition of medical disability is merely a temporary state of affairs.  But when such loyalty and commitment comes at the price of one’s personal detriment, it becomes a negative thing.  The problem comes when all of the objective indicators are ignored — when sick and annual leave are being depleted; when excessive LWOP is taken; when performance at work clearly suffers; when each night and weekend are used to recuperate from the day’s work; when savings become depleted; when a sense of desperation sets in.  Then, when it comes time to make the decision, it becomes an emergency. At that point, while it is not too late to begin the process, it is probably less than the “right time” to have started the process.  While better late than never, it is a good thing to take affirmative control of one’s future, and not let events control it uncontrollably.

Sincerely,

Robert R. McGill, Esquire