Medical Retirement under FERS & CSRS: Closet of skeletons

It is a metaphor that is familiar; of secrets, or near-secrets; of those cluttered past incidents and events that need to be kept in the hallway closet, perhaps even locked for safety and security, whether of embarrassment, regret or shame.

Yet, modernity has less of them.  With the disappearance of shame, of openness of societal mores and normative values disappearing, almost vanishing, there is then no need for the closet to exist, and skeletons are fewer and far between because we have redefined what is shameful, what should be regretted, and that which is deemed unworthy of public display.

“Man is the only animal that blushes. Or needs to.”  That quip is attributed to Mark Twain, of course; the grand humorist of American society, and the author of books that have touched the conscience of an unsettled people.  How does a species stop blushing?  By rearranging that which triggers such a characteristic – the words that touch, the concept that shames, the sentence that embarrasses and the paragraph that pushes.

There are, of course, positive consequences, as well; for, the openness of society and the suppression and obliteration of normative standards have allowed for silent crimes that were once unspoken to be openly displayed and cauterized.  Perhaps, sometimes, “talking about it” opens things up, allows for the public airing of that which was hidden because polite society did not want to deal with it; but since it existed, anyway, we might as well open the closet of skeletons as a society and let everyone see whatever it is that we were ashamed of.

Sometimes, or more often than not, those monsters within are greater than the reality of the objective world.

Medical conditions often relate to such a concept.  We tend to hide them, be ashamed of them, and make of them larger than what necessity dictates – except for old men and women standing in the line at the post office who openly discuss the details of their last operation and procedures, of course.

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 or Postal job, remember that 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 often like the closet of skeletons; once they are out in the open, the agency and the Postal Service will have to deal with it, just like the Federal or Postal worker who had to “deal with it” – the medical condition – for all of these many years, fearful of the shame of revelation and the reaction of the Federal agency or the U.S. Postal Service.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Necessary steps to take in an unserious age

Adding the prefix implies that, beyond altering the root word, its conceptual opposite existed in a time prior to modernity and the present discourse of silliness.  The addition denotes a moment of opposition, where lack of substance occurred and the negation of irrelevance prevailed; and now we are left with a word which connotes a denial of that for which we yearn.

Every age has its follies; some epochs of upheavals are mere potholes in the history of revolutions and uneventful hiccups barely mentioned in those thick books which purportedly analyze decades, centuries and civilizations risen and fallen; and we must always look askance at grand designs and declarations which claim to have captured the essence of any given era.  But there is little doubt, and any shadows casting beyond the twilight of our own laughter and self-deprecating humor will only confirm the boundless limitations of such a statement of self-denial:  this is an unserious age.  There.  It has been stated.

Unequivocally, and with aplomb of non-judgmental claim to authority; how one would attempt to deny the truth of the matter, when the majority of the population spends eternal and endless time staring vacuously at a flat screen of fluorescent lighting, viewing, reviewing and re-reviewing videos of virtual reality unconnected to the objective world surrounding; where the reality of daily living has been subsumed by the politics of cult following and personalities designed more for advertising than for leadership; and so it goes.

There are, however, realities in such silliness that must still be faced, whether voluntarily or through force of encounter unavoidably demanded by the collision of life itself.  Medical conditions tend to do that to us — they demand our attention, and refuse to compromise our efforts at avoidance.

For Federal employees and U.S. Postal workers who find that a medical condition impacts his or her ability and capacity to perform all of the essential elements of the Federal position or U.S. Postal job, the next steps necessary in order to prepare an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, must be taken with a deliberative purpose in order to attain that level of plateau in life, where attending to the medical condition itself becomes prioritized.

In an unserious age, it is easy to get distracted and sidetracked, when the world around doesn’t take as weighty the cries for help or the means to achieve.  In a world of relative worth, where everyone has been arguing for decades that everything is “equal” and that “fairness” is defined by everyone looking, being and acting the same as everyone else, it is difficult to shake out of the deep stupor that society has wrought; but when the reality of circumstances hits us, as a medical condition surely does and will, it is time to shed one’s self from the prefix of “un”, and seriously consider the proper and effective preparation of a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, forthwith and with efficient pinpointing of accuracy.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Law: How Does One Know the Age?

It cannot be by counting wrinkles, or the number of gray hairs; for, some people never develop them, and in any event, new methodologies of plastic surgery, hair dyes and other cosmetic creativities can easily override such superficial eruptions of telltale signs.  Photographs can no longer be evidence of aging, for airbrushing and digital modifications can dispense with such irritating characteristics.

But when there is a personal encounter, how can one judge, and fairly and accurately assess?  Is it the eyes?  That “window to one’s soul” — does it reveal a depth of depravity over time, such that the hollowness revealed in innocence at an early age is replaced by a coldness and cynicism of reflective hurts?  And of the greater age — of this epoch, the generation and historicity of time; how does one know it, too?  Older generations tend to cling to the past, and it is through that prism of past time that the present is viewed, the future foreseen; but does such a perspective differ from those who are young and never experienced the discomfort of lack? And medical conditions and their impact upon one’s ability and capacity to continue a career — how does one know?  The subtlety of warnings can be non-decipherable when asked to describe in words.

For the Federal employee and the U.S. Postal worker who suffers from a medical condition, it is fairly early on that one has a sense of where one’s career will be going.  Doctors can talk about surgical intervention and medical regimens and their supposed efficacy in treating a condition; but in the end, the Federal or Postal employee who experiences the medical condition itself, knows in one’s proverbial “heart of hearts” whether the Federal or Postal employee will be able to continue in one’s career.

Preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, is a process which is daunting, and thereby delay of diligence is often a factor which is merely engaged despite having known for some time.  It is like guessing the age — whether of another person, or of the historicity of being a stranger in a strange land — it is the subtlety of telltale signs which reveals the future course of an already-determined process of inevitability.  And like aging itself, the fight we pretend to engage is merely an act of futility, and we know it; we just don’t want to look in the mirror and face it, lest those lines of time show us who we are, what we did, and where we are going.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney: Social Justice

Concurrent litigation entanglements occur often enough; if one has the capacity and ability to compartmentalize life, such multi-adversarial offensives can be effectively coordinated.  At the same time, however, it is important to recognize the folly of spreading oneself too thin; history confirms the defeats suffered at the principle of too much, too soon, as in Germany’s incursion on the Eastern Front while taking on North Africa and the entrance of the United States into a reluctant war.

Strategies of logistical considerations, as well as pragmatic considerations of finances, must always be a factor; thus, for Federal employees and U.S. Postal workers who face a future with an ongoing medical condition which prevents one from performing one or more of the essential elements of one’s job, consideration should be given to concurrent filings.

If an injury or medical condition is “work-related“, there is nothing wrong with filing for OWCP/DOL benefits, while at the same time filing for OPM Federal Disability Retirement benefits.  If both are approved, the Federal or Postal employee has the option of choosing to activate one, and allowing the other to be approved but remain passive.

Filing for Social Security Disability benefits, for those Federal and Postal employees under FERS, is a mandatory requirement during the process of filing for OPM Disability Retirement, anyway, so obviously the concurrent nature of filing is a necessary given.

When considering more far-reaching litigation entanglements, however, such as filing an EEOC Complaint potentially leading to a trial in the Federal Courts, pause should be given, if only because of the statistical disadvantage and high cost of such litigation.  A 2009 WSJ Article found that EEO discrimination lawsuits fared worst in statistical analysis in wins-to-losses ratio, and more recent studies do not provide greater encouragement.

While the recent focus upon the Pao v. Kleiner Perkins case would seem to highlight such statistical disadvantage, at the same time, one must recognize that the particular court case was a gender discrimination case filed and tried in state court, not in Federal Court, and each case reflects the complexity of the uniqueness of a particular set of facts.

The point here, however, is that while statistical analysis certainly can be skewed based upon a multiplicity of complex factors, for Federal and Postal employees who are considering filing for Federal Disability Retirement benefits, a pragmatic assessment should be made which asks, at a minimum, the following:  Do I want to be involved in a protracted litigation with my supervisors, agency and coworkers?  What is the purpose of my filing for Federal Disability Retirement?  Is the cost-to-benefit analysis sufficient in justifying litigation?  What is my definition of “Social Justice”?

For Federal and Postal employees, filing for, and obtaining, Federal Disability Retirement benefits is a practical exit from one compartmentalized stage of life; there is awaiting the next stage, of which Shakespeare reminds us all.

Sincerely,

Robert R. McGill, Esquire

 

Federal OPM Disability Retirement Lawyer: The Scent of Decay

Animals steer clear of it; the growing stench is a warning, a harbinger for the wary; it is only an attraction to vultures and other scavenging birds of prey; civilized societies deal with it by slapping an FDA food label on items, long before the bacteria of decomposition begins to cannibalize and self-immolate.

The reality of the olfactory response is to curl up one’s nostrils; the metaphor encapsulates the recognition of weakness and vulnerability, and the herd mentality of attacking the weakest in the evolutionary race of disseminating one’s greater gene pool by diminishing the population of the weak, thus providing a justifying basis for extermination and dominance.

In the microcosmic context of a Federal workplace, the scent of decay compels a reconstituting of loyalties and forgetfulness of past accomplishment; what you did yesterday, matters little; what you have the potential to do, matters most; what you can no longer do, destroys all mattering.

For U.S. Government employees and Postal workers, the time for change comes not necessarily with the seasons of nature, but when a medical condition begins to impact one’s ability and capacity to perform all of the essential elements of one’s positional duties.  Medical conditions represent vulnerability; and whether the Federal or Postal employee has the best of relationships with one’s supervisor, coworkers or the agency and department as a whole, the scent of decay immediately follows upon a diminution of productivity and potentiality.

The evolutionary human instinct to follow the dominant and ignore the vulnerable is one which defies replacement by artifice and societal niceties; suddenly, the star employee has found disfavor, and it matters not whether the fault can be attributed to laziness, incompetence — or a medical condition which cannot be controlled or helped.

OPM Federal Disability Retirement is an employment benefit which accompanies all Federal and Postal employees who are under FERS, CSRS or CSRS Offset; it allows for Federal and Postal employees who can no longer perform one or more of the essential elements of one’s job, because of a medical condition, to obtain an annuity in order to move forward in one’s life.  Once obtained, there is a possibility for a second vocation, and to earn up to 80% of what one’s (now former) Federal or Postal position currently pays, on top of the Federal Disability annuity itself.

As man lives no more in the wilds of pure survivability, where beast and burdens of hunger have been replaced by white collars and polite salutations of meaningless vacuity; so the appearance of empathy and magnanimity of intent may mask, for a time, the scent of decay; until the pounding hoof prints fade in the settling dust of that herd which sensed the vulnerability, where the howling pack of wolves and wild beasts come gathering in the twilight of snarling tensions; and standing still in a forest of wild beasts will not save the doe from the savagery of civilized society; for, while headlight hunting may be outlawed, it is the frozen deer in the headlights which waits upon a desolate tundra while the scavengers await the reaching arms of the scent of decay.

Sincerely,

Robert R. McGill, Esquire