FERS Disability Retirement Benefits: Intolerable conditions

We all have a threshold of tolerance; it is, in the end, a spectrum and a range which cannot be generalized.  The MRI that reveals degenerated tissue or organic dysfunctioning may parallel the pain experienced, but it does not determine the level of tolerance for any given individual.  Yet, while thresholds may vary, there is a limit to human toleration, and the question for each individual is: At what point do conditions reach the limit of my tolerance, and do I wait until I reach that ceiling, or is it then too late to have waited so long?

Most people wait until the intolerable conditions reach a critical juncture.  That is the rub of the matter — that, yes, human beings possess a great tolerance for the intolerable, but the further question that is too often missed, is: Should we?  Is it healthy to?  And: What damage is incurred by resisting the warning signs that our bodies and minds give such that we reach beyond those warning triggers and milestones of caution, and when we get beyond them, we leave them behind as sirens which have faded and been forgotten?

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 intolerable conditions which have erupted often includes: Increasing harassment from one’s Federal Agency and the Postal Service; exhaustion of SL, AL and FMLA; dealing with the medical condition itself; the failure of coworkers and managers to empathize or understand; the stress that is placed on personal relationships because of the deteriorating conditions in the workplace; the loss of stability; the increasing loss of livelihood, etc.

Any one of these, or all in combination, create those intolerable conditions, and when it becomes apparent that the proverbial rubber band that has held the whole together is about to snap, then it is time — beyond the time, maybe — to prepare an effective FERS Disability Retirement application, to be filed through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: What not to say

Of course what not to say is as important as the things one says.  Such a warning is true in most contexts — social; professional; personal; familial; in either private or public settings.  We are taught that at an early age, and continue to feel its social and cultural “bite” throughout adulthood, until one has (hopefully) gained some wisdom throughout the years.

Some never learn it — perhaps because they never had to endure the consequences that naturally come about, or simply don’t care or, in the very rare instance of uniqueness, do not need to care either because of wealth, power or prestige that, like the teflon individual, no amount of social crudeness will wipe the sheen away.

“Don’t stare” is an admonition that parents make early on — another form of “what not to say”, except this one in correcting a non-verbal action.  “Don’t say things that are hurtful”, or “Don’t divulge private information to people you don’t know”, as well as the one that has to be balanced with concerns about putting too much fear into a child: “Don’t talk to strangers”.

It is, indeed, the “don’ts” in life that define the social graces within acceptable normative behaviors, and as the spoken work (or the written, as the case may be) takes up so much of human interaction, what we learn not to say, how we act and are restrained from acting, often defines the extent of a person’s maturity and learning.

It is often the negative which defines the positive — i.e., what we do not see is rarely noticed, but constrains that which is revealed (the positive) so that the unseemly and rough edges have been worn away, manifesting a smoothness that borders upon beauty.  But never underestimate the destructive force of that which is negated; for, if forgotten, it will resurface and damage.

Thus, for Federal and Postal employees who suffer from a medical condition such that the medical condition is beginning to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, always remember that — in preparing, formulating and getting ready to file a Federal or Postal Disability Retirement application — it is important to keep in mind those things NOT to say or reveal; for, once you admit freely a legal basis upon which a denial becomes a certainty, it is difficult to retract that which is revealed.

So, in the end, your parents are proven right: What they told you NOT to say is precisely the rule to follow.  The problem, however, is that when it comes to dealing with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, you will need to consult with an experienced attorney who specializes in Federal Disability Retirement Law in order to comprehend the full import of what not to say.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement from Federal Service: By what right?

It is a question often posed in the dead of night by those who would undermine an assertion based upon an instinctive sense of fairness, but perhaps not able to be articulated in comprehensible form.  By what right do you enter these premises?  By what right do you express that opinion?  By what right do you think you can do that?

It is, as with many questions, one that has a sadly contextual background of a negative past – for, whenever a person, a populace or a segment of a greater society begins to assert a “right”, it was generally preceded by a breakdown of community and caring.  For example: A violation of another’s property where a fence has not yet been placed should be resolved by two neighbors discussing the infraction or infringement without resorting to a higher authority.  If that “neighborliness” cannot resolve the conflict, then a fence may be built and the right to build such a fence can be asserted by the fence-building-neighbor as a “right” of property ownership.  No one would, or could, dispute such a right to do so, but the mere fact that a fence had to be built is evidence of a preceding breakdown of the unspoken rules of a community, where resolution of a conflict could not be accomplished by discussing, caring, understanding and compromising for the sake of a community’s greater good, but instead results in a declarative reference to one’s “right” to do X, Y or Z.

Rights should have the insipid connotation of negativity to the extent that asserting them is something of a last resort and the last bastion of scoundrels and suspicious individuals seen in an unfavorable communal light; but in modernity, shouting out one’s “right” to do this or that, or standing on a soapbox and pontificating about how we (why does everyone assume that he or she has a “right” to speak on behalf of that undefined “we” in the first place?) have every “right” to be here, do this or that or be “in your face” because of the proverbial “catch-all” – the “Bill of Rights”.  By what right?

For Federal and Postal employees who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, it may well be that asserting one’s right to file for Federal Disability Retirement benefits was preceded by a context of negativity – of the Federal agency or the U.S. Postal facility failing to, refusing to, or otherwise not showing effort for, accommodating one’s medical condition, illness or disability, and that is when the assertion of declaring one’s “right” to file for Federal Disability Retirement benefits becomes the inviolable pathway to an exit out of an untenable workplace situation.

To that extent, preparing, formulating and filing a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is somewhat akin to building that “fence” between your property and the next-door neighbor’s, whose dog keeps coming into your yard, digging up the freshly-planted bushes and vegetables, pooping all over the place and attacking your cat, and cares not a twit to try and resolve the issue; that, in many ways, is the Federal agency or the Postal facility you work for.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Of Vultures Riding the Currents of Time

Watch the vultures float the currents of time, gliding high above, awaiting a trail of destruction behind.  Universally, across the globe, they have similar outward appearances; with wide wingspans for the ability to soar and patiently await high above, watchful for death and decay to progressively come to fruition.  Is it the scent of decay, or the fading gaze of death which attracts?  Or, perhaps, weakness and state of debilitation has a natural aura which draws?

The weak among us becomes a magnet for prey; the scavengers of time become the savagery of timelessness.  Despite our declaration for civility and sophistication, the brute essence of man comes to the fore when elements of weakness manifest. Sympathy and empathy constitute window dressings for civilization’s social contract; a concession to effeminate yearnings voice that of the spectacled class.

Look at the brutality of Federal agencies when once a Federal employee or a U.S. Postal worker announces an intent to file for Federal Disability Retirement benefits.  Suddenly, the skies are filled with gliding wingspans of watchfulness.  No one seemed to care before; now, the sunlight is blocked by widespread fans of feathery flurries.

Federal Disability Retirement is a rightful benefit which can be asserted by any and all Federal and Postal employees who have the minimum of Federal Service (18 months for those under FERS; 5 years for those under CSRS).  But as with every contingency in life, there are residual consequences in filing for a benefit, and such resulting ends will often involve the hostility of the Federal agency, the sudden shying away by one’s coworkers, and a subtle (or not so hidden) loss of camaraderie among peers and supervisors.

But what are the choices? For the Federal and Postal employee who suffers from a medical condition, such that the medical condition begins to prevent one from performing one or more of the essential elements of one’s positional duties, filing for Federal Disability Retirement benefits is the path to escaping the slow and progressive deterioration of one’s health condition.

That the vultures may circle during the wait, may be an inevitable consequence; what one wants to prevent, however, is for such creatures to land and begin the pecking process of maggot-laden flesh.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: The Happiness Principle

A society’s trending obsession is often reflected by the backdrop of books written, published and popularized in culture corridors of mass media; and so the Oprah of timeless celebration never loses its luster for belated works attempting to keep pace with the commercialization of principles which once may have been considered seriously.

Plato and Aristotle addressed the issue; Existentialism arose from the ashes of war, and sidestepped it by considering the bleakness of the human condition; but in the age of technology and the optimism blanketed through mass dissemination of information, the focus has shifted from essence to residual results, where the natural consequences of X becomes the focal obsession of Y.  Happiness was once, in a time of yesteryear, an afterthought to survival, secondary to ethical conduct, and tertiary to a productive life.

Today, it seems that the principle is the primary goal of living, as organisms and amoebas naturally tend towards food sources.  Beyond the happiness principle, however, is the undeniable fact that it cannot be attained when certain interrupting forces blockade and obstruct; and pain, psychiatric conditions and medical disabilities certainly fall into that category.

There is, then, the condition itself (the medical condition) which impedes the happiness principle; and administrative processes (such as Federal Disability Retirement, filed through the U.S. Office of Personnel Management) which constitute a bureaucratic obstacle to corollary life principles.

Obtaining Federal Disability Retirement benefits through OPM does not and should not pretend to resolve medical issues; but it does allow for the Federal or Postal employee to attend to the primary concern underlying one’s life — the medical condition itself. Often, we confuse the essence of a thing with the appearance of that which presents itself to us.

For the Federal employee and the U.S. Postal Service worker, it is important to understand that preparing, formulating and filing for Federal Disability Retirement benefits, whether one is under FERS, CSRS or CSRS Offset, is not the “end all and be all” of attaining the ultimate goal, but rather part and parcel of multiple components which, like pieces of a puzzle, need to be gathered, sorted and organized in order to create that collage of life called contentment.

Thus the “happiness principle”:  perhaps not the destination to be confused, but the quality of the ride to get there.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Law: The Time In-Between, Afterwards

That time, as a historical event, is quite different from the retrospective vantage point of what we perceive today; and that is good to keep in mind.  After the event itself, the followers were not waiting around for the next event; rather, they were likely scrambling to determine what to do next, as they had no foresight of the coming circumstances, and thus did not consider themselves to be “in-between” two major historical pillars awaiting the next condition for completion.

In the aftermath, we can look upon it as a continuum, and view the time in between as one of anticipation and waiting; but from the real-time moment of the figures involved, the past trauma had already occurred; what was to come next could not have been known.  That is similar to how we live a life today.

For Federal and Postal employees who are anticipating filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, it is a good lesson to view things in the “now”, as in-between, or afterwards, and from a later perspective.

Waiting upon a behemoth of a bureaucracy as that of OPM is never a pleasant experience, and one often feels like being in a suspended mode of administrative purgatory; and yes, there can be contingencies which must be first established before the next “move” in life can occur; but in the end, one should not wait upon the approval of a Federal OPM Disability application, but rather continue to pursue and build upon one’s life as in the aftermath of the occurrence. That is sometimes difficult to do, but necessary.

Waiting is often the hardest part; once the “happening” occurs, the tumult is released, and the Federal or Postal employee often feels that he or she is “set free” from the bonds of suspended time. But then, think about those followers of the fisherman who waited from that Friday until the morning when a seeming disaster turned into a triumph of historical proportions untold and unknown, at the time.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Usual Dialogue

Much of our daily dialogue is determined by rote repetition.  Discourse throughout a typical day need not be given much thought; breakfast routine; interaction with colleagues and coworkers; declarative statements which have been repeated hundreds of times, both by one’s own voice as well as by others; salutations which require merely an audible sound; and the sun sets upon another closure of human inertia.

Then, some dialogues awaken the soul.  A sudden discovery of infidelity (though, given the pervasive appearance of popular culture, that, too, is quite commonplace); a perpetrated criminal act; a discussion with one’s doctor concerning a medical condition.  Even the latter, of course, from the doctor’s viewpoint, can be quite commonplace.  But for the Federal employee and the U.S. Postal worker who has been pursuing one’s Federal or Postal career for years, decades, etc., the self-realization that a medical condition may end the financial security represented by one’s job, is a traumatic event in and of itself.

All options for the future must be considered; and the daily dialogue of rote routine must be cast aside.  This is not a time for niceties; it is an event for thoughtful action.  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 an affirmative step which one must pursue aggressively.

The inertia of past repetition of life’s puzzlements; the frightening prospect of an uncertain future; these must all be cast aside, and the reality of facing a time of forced creativity must be fully engaged.  And then, of course, there is the added anxiety that the administrative specialists at OPM will view your own application for Federal Disability Retirement benefits as just another ho-hum event, one which is merely part of their usual dialogue.

It is up to the Applicant him/herself, in preparing, formulating and filing for Federal Disability Retirement benefits, to ensure that the Federal Disability Retirement application is cogent, clear, concise and convincing — in other words, not part of that daily dialogue of thoughtless repetition.

Sincerely,

Robert R. McGill, Esquire