Actions and Principles of Federal Agencies toward Their Employees with Disabilities before FERS & CSRS Disability Retirement

Can a person possess a core principle which declares that one should not be cruel to animals, but yet intimidate and harass a coworker?  Is it possible that one can state adherence to a philosophy, but act in ways contrary to such a declaration of fidelity to such a public policy?  Does authenticity and correlation between words and actions matter?

Of course, the simple answer is that hypocrisy has always been rampant throughout history, and one need only look at politics to come to the conclusion that speaking out of both sides of one’s mouth (as the proverbial adage is often conveyed) is a state of being that one can easily live with.  Thus the conundrum: Every and any question which begins with, “Is it possible that…” is one which has already been answered by the whims of history.

Public policy statements which declare that Federal agencies will seek every “reasonable” effort to accommodate an individual’s disability, are replete but often empty, precisely because words are open to interpretation.  And perhaps that is the “out” which many find easily excusable, in justifying the dissonance between words and actions.

Fortunately, for Federal and Postal employees, there is always the viable option of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS. It is the “safety hatch” which can be used against agencies and the U.S. Postal Service in order to circumvent that self-contradicting public policy statement that medical conditions which impact one’s ability/inability to perform all of the essential elements of one’s job, will be “accommodated” to the extent that such accommodation is “reasonable”.

Since that which is reasonable is open to interpretation, the reality of retaining a Federal or 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 job, becomes as rare as that individual who speaks and acts in consistent harmony of fidelity to both.

For the Federal and Postal Worker who suffers from a medical condition, where the impact is felt directly in the workplace, and where the supervisor who kicks his dog in the privacy of his home but volunteers his time with the local SPCA begins to speak earnestly about the “mission of the agency“, it may be time to consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management; for, in the end, principles and actions matter when it touches upon one’s personal health, and the need for restorative relief from a workplace which defies consistency of either.

Sincerely,

Robert R. McGill, Esquire

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

 

 

Medical Retirement for Federal Workers: Fear, Anxiety, Loathing and Acting

To “act” can have multiple meanings; one can be engaged in “make believe”, or merely doing something as opposed to talking about it. One can participate in a pretense (“he was putting on an act”); but perhaps engaging in pretense is not dissimilar (forgive the double negative; it sounds phonetically pleasing — but, then again, to say “sounds” and “phonetically” requires further forgiveness for unnecessary redundancy; and finally, is it not a double redundancy to speak of unnecessary redundancy?) to being on stage, or in a movie, and acting as actors do, except in an unpaid status.

In that sense of the word, we all engage in such semblance of who we are or what we want to appear to be.  Further, such pretense and concealment of one’s essence is often based upon the fear one imagines; the anxiety one experiences; and the loathing one encounters if such outward appearances are not performed.

For the Federal or Postal Worker who suffers from a medical condition, such that the medical condition must be hidden from public view because, to fail to conceal would mean that one would become subjected to an agency’s or Postal Service’s reactionary retaliation in dealing with such issues — the emotional turmoil of fear, anxiety, loathing and acting is a commonplace, daily experience.

Fear of what the agency will do; anxiety from the constant fight against the medical condition and the concealment in order to continue working; loathing of what may have to be faced today; acting in order to cover and hide to get through another day. But it is often in the secondary meaning of the verb, “to act”, which finds the penultimate resolution of such a quandary.

Acting — “doing something” — as opposed to engaging in pretense, is the solution.

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 or CSRS, is the concrete step from mind-to-matter. It is often the act itself which resolves the turbulence of a crisis.

For, it is the actor on the greater stage of life, in real time, in genuine situations, where pretense and make-believe are shoved aside for masks and make-up artists, and when the reality of the essence of what is important in life comes to the fore — that is where action intersects with the artificial world of acting, and where one must walk off the stage of make-believe and instead cook one’s own meal, as the reality of necessity overtakes us all.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Substantive Reorganization

It used to be that social conventions, customs, values and mores were deemed inviolable and unchangeable; then, when Western Philosophy realized that complex problems and conundrums could be solved by merely tinkering with language, and that the elasticity of linguistic anachronisms were far more susceptible to alterations than attempting to modify human behavior, all such problems disappeared, and the utopian universe of studying one’s own navel was established.

Whether such creation of a virtual reality and parallel universe will result in the expected quietude and peace of the human condition; and whether linguistic latitude satisfies the bubbling undercurrent of human query, only time and eternity will reveal.

Lawyers probably had a lot to do with it.  Lawyers, on the whole, believe fervently that language is the greatest and most powerful of tools.  Look at the legislative branch of local, state and Federal governments; who populates them?  Why lawyers? Because by going to the heart of the entire process, and controlling and advocating for the statutory language at its inception, one can assert and dominate with the greatest of powers:  the power of language in the law.  But what of reality?  The reordering and reorganization of one’s life cannot always be accomplished by the mere changing of wording, or by redefining what one believes in.

Sometimes, there has to be a substantive reordering of one’s life.  One cannot redefine what illness or medical disability one must face, and expect that a material change will occur.

For Federal and Postal employees who must face a medical condition, such that the medical condition has impacted one’s vocation and livelihood, the duality of language and reality must be faced:  The Federal and Postal Worker must attend to the substantive problems of the medical condition, while at the same time file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, and engage in the administrative process of linguistically persuading the U.S. Office of Personnel Management of the substantive reality of the impact of one’s medical condition upon the ability to perform all of the essential elements of one’s Federal or Postal position.

But be not confused between the duality of efforts; it is the substantive reorganization of one’s life which is by far the more important; the reordering of language to fit the reality of the human condition is mere child’s play compared to the reality of suffering one must go through in attending to the real-life problems of a medical condition.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Workers: The Rule of Words

When does a child recognize the power of language? Perhaps it is at the moment when the ineffective response to a tantrum occurs, precisely because the demands conveyed by the destructive actions have not been adequately understood. But once the verbal ransom is received, linked to the potential screams and flailing of arms and legs, hence the power of words becomes consciously recognized.

Linguistic leverage contains a duality of meaning when stated in the concept of a “rule”; on the one hand, it means that there are certain criteria which must be followed in order to maintain the protocol of meaning and conceptual comprehension and intelligibility, as in the statement, “The Rules of language must be followed”; on the other hand, it can also convey the idea that language encompasses a power beyond the mere visibility on paper or on screen, as in: “Language rules the day”. It is the combination of both which, when followed and applied effectively, allows for the explosive efficacy of a presentation.

For Federal and Postal employees who are considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether one is under FERS or CSRS, it is always important to understand and appreciate the fact that a Federal Disability Retirement application is first and foremost a paper presentation to the office which makes a determination on the packet. Thus, tantrums and pleas will not move the bureaucracy; however, effective word usage will.

The connection between action and language must be contained in the Federal Disability Retirement presentation itself, through effective and persuasive use of language. When once upon a time a tantrum served one’s purposes well, such a time became long past when the rest of the world determined that language needed to be delinked from actions, and it is language alone which would rule the day.

For Federal and Postal employees suffering from a medical condition such that the medical condition impacts the ability to perform all of the essential elements of one’s job, the “action” part of the process is left to dealing with the medical condition itself. For the formulation and filing for the administrative procedures identified as “Federal Disability Retirement benefits“, it is the language itself which will rule the day, by following the effective rules of language.

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 FERS or CSRS, 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

Pretending to Be Healthy and Fit in the Federal or USPS Workplace

Pretending is a game considered healthy for children, in almost all societies.  It allows for the expansion of “creative energies” inherent in the growing psyche, and to allow for children to take on roles, encounter other situations of fictionalized circumstances, and confront fears without actual harm or potentiality for damaging the growing psychological turmoil which constitutes the make-up of each child.  Besides all of that, it’s fun.

But at some point in the growth of a human being, pretending has to become dominated by the reality of daily living.

Some have suggested that the world of stage, actors, movies and entertainment shows, reflects an individual and a society which never emerged from the state of pretend.  On the other hand, anyone who has known or been associated with those who prepare for an acting career, recognize the harsh reality of long days and hard work necessary for engagement in such a career.  It is, rather, the individual in our society, who continues to pretend long past the time when such pretending is fun, which is of the greatest concern.

For the Federal or Postal employee who is considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, pretending that something is otherwise than that which is the harsh reality of one’s situation, will only exacerbate, magnify, and worsen the circumstances surrounding one’s case.

Pretending that one’s agency will not notice; pretending that one’s medical condition will go away; pretending that all will get better; pretending that…

The fantasy of pretend was to create a world of fun and laughter, and perhaps with some sprinkling of escapism; but when escaping the reality of the world results in the slow deterioration and destruction of what one has worked so hard for, then it is time to set aside the childish ways of pretend, and roll up those proverbial sleeves to contend with the world of reality.

If it takes pretending to go out and fight a battle to slay a dragon, at least such pretending will prompt one into action.

Sincerely,

Robert R. McGill, Esquire