Tag Archives: you gotta fight for your right to pursue federal disability benefits

Experiential Responses: Medical Retirement for Postal & Civilian Federal Employees

Life’s garbage is supposed to teach us lessons; that is what we are taught from a young age.  Thus, long lines allow for an opportunity to test patience; insults and ingratitudes, self control; imprudent behavior, an antipathy towards it; lengthy battles, allowing a lesson to forge on while others give up; and similar encounters which provide ample revelations for altering one’s natural instinct of regressive responses.

But the other force which powers its way in an insidious and countermanding manner, is the very negation of lessons learned: of finding security in habitual and repetitive behavior; of responding in a known manner, because past actions of an established quality provide a zone of comfort in contrast to an unknown future.  But medical conditions in and of themselves are unknown factors which impede, intrude, and interrupt.  Sometimes, not acting is as deleterious as proceeding against life’s lessons, learned or yet unachieved.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition not only impacts one’s ability and capacity to perform all of the essential elements of one’s positional duties but, beyond that, has already impacted the extent of experiential encounters with one’s agency, supervisor, coworkers, etc., it may be that one must reconstitute and consider changes which may be anathema to one’s very nature: patience for long-term treatment may not work, as one’s agency may be impatient; self-control towards the ingratitude manifested may not be enough; and imprudent behavior engaged in by one’s agency may be an acceptable norm of standards to follow.

Federal Disability Retirement benefits are meant to allow for the Federal and Postal employee to attain a level of livelihood in order to attend to the most important of life’s experiential encounters: one’s health.

While filing for Federal Disability Retirement benefits, whether one is under FERS or CSRS, may feel like one is “giving up” instead of forging forward despite adversity; the reality of it is that filing for OPM Disability Retirement does not constitute defeat or surrender, but rather an affirmative move to change the stage of the battlefield.  Further, in life, it is not always the “good guy” that wins. Sometimes, the guy in the white hat must walk away, only to see another day to engage the greater battle of life.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: ICM versus ICBM

During the Cold War era, the latter acronym was familiar to most, as fears were magnified as to the intercontinental capacity of the U.S.S.R. (those who can still decipher this immediately reveals one’s age).  In those days, one did not need to know the Eastern European countries by name; they all fell under the satellite rubric of the “union” of those with “the Bear”.  ICBMs were counted and their capacity and efficacy were determined by the exponential powers of the number of “warheads” attached.

ICMs, on the other hand, are a fairly recent phenomenon. They show the extent, or the lack thereof, in what agencies and individuals with minor fiefdoms will perpetuate.  They can also be metaphorical antonyms of ICBMs, in that when one possesses an ICM, it can result in the prevention of an ICBM being launched across the barricades of time.

For Federal and Postal employees who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS or CSRS, because of a medical condition which is impacting one’s ability to perform all of the essential elements of one’s job, it is important to utilize one’s hoard of ICMs.

Agencies often have no need or, rather, they will often disregard the need, to engage in utilizing impulsivity control mechanisms, because they have the power to hire, fire, reprimand, reassign or otherwise penalize the serfs of this world. But for the Federal or Postal employee who is contemplating filing for Federal Disability Retirement benefits, it is important to apply the various impulsivity control mechanisms available, including resisting the urge to inform a supervisor until the proper time; the inclination to make derogatory references about the workplace in one’s Statement of Disability; and other impulses which may ultimately harm the goal of attainment sought: of a Federal Disability Retirement annuity, granted through an approval from the U.S. Office of Personnel Management.

For, in the end, the ICBMs remained in cold storage [sic], precisely because the greater instinct for humanity’s survival depended upon the evolutionary relevance of ICMs.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Those Welcome Distractions

Filing for a Federal Disability Retirement through the U.S. Office of Personnel Management is a step which admits of a stark reality:  One’s medical condition has come to a point of irreversible deterioration, such that the impact upon one’s ability to continue in one’s chosen career now manifests itself to a degree which can no longer be concealed.

Interludes of distractions in life — whether a holiday, a period of inclement weather; perhaps a child’s sports event; or even watching the Olympics on television with one’s family; all such distractions allowed for needed interruptions and delays in facing the harsh reality of one’s situation, and each such delay allowed for procrastination and avoidance of the issues.  But at some point, the decision has to be made, and when one runs out of such welcome distractions, the pragmatic steps in order to successfully file for Federal Disability Retirement benefits must be systematically considered.

How and when to approach one’s treating doctor to garner the necessary support; the timing of informing one’s agency; a careful study of the factual and legal criteria necessary to qualify for Federal Disability Retirement benefits, whether under FERS or CSRS; obtaining legal advice, guidance and representation; the time involved; the costs involved; making the adjustments for one’s future, etc.

Life’s distractions are small pockets of delights; but when the distractions detract from making important decisions, it is time to reconsider the prioritization matrix upon which one’s foundation is built.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: The Bureaucracy

Most people, organizations and entities do not act with deliberate ill-intentions; rather, they fail to think, and actions emanating from thoughtlessness often constitutes the negation of good.  Bureaucratization often results in the unintended consequence of negating the good; for, in following a set pattern and algorithm of administrative procedures, consideration for individual circumstances cannot be excepted.

One can argue, of course, for the positive aspects of a bureaucracy — of the equal treatment of all; of applying the same standards and criteria across the board, regardless of individual needs; and there is certainly something to be said for expunging the capacity for human favoritism.  But bias and favoritism will always pervade; it will merely take on a more insidious form.

For the Federal and Postal Worker who is suffering from a medical condition such that the medical condition is impacting one’s ability to perform the essential elements of one’s job, encountering the bureaucratic process of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management will become a necessary evil to confront.

The key to a successful interaction with the administrative process will be to reach beyond the faceless bureaucracy, and to make relevant one’s own particular and unique facts and circumstances.  That is a tall order to face, in the face of a faceless bureaucracy.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Deliberative Intent

Thomas Nagel is best known for continuing to remind us of the problem of consciousness in a world which attempts to reduce all acceptable explanations into a language game of reductive materialism.

In his famous essay, he went a step further — by arguing for the position that, yes, there are peculiar and unique characteristics of a conscious species, but more than that, the greater profundity is, How is it like to be X, as X?  Thus the insightful essay, What is it like to a bat, as a bat?  For, it is the last linguistic appendage which makes all the difference — as an X.  Without it, we would be left merely with our imaginations as to what it would be like to be X; with the dependent grammatical appendage, we are forced to consider that there is a unique “something”, whether it be consciousness, spirit, mind, or some other non-physical existence, which uniquely makes X to be something other than the composite of physical characteristics.

How does this relate to Federal Disability Retirement for Federal and Postal Workers under FERS or CSRS? Probably nothing, other than that, on a Saturday morning, after having started Nagel’s recent work, Mind & Cosmos, it becomes an interesting proposition as to how much deliberative intent — i.e., the use of that “other” part of humanity, such as consciousness, awareness, etc. — is utilized, as opposed to a mere mechanistic approach to things.

Human beings are inherently lazy.  Templates exist in order to ease one’s work.  OPM often violates the very essence of its duties by merely regurgitating language which is worn and used.  But for the Federal or Postal Worker who must contend with the cold, non-deliberative physical universe, each battle with the U.S. Office of Personnel Management must be fought by thinking, pondering, applying legal principles which are effective and persuasive.

Only with deliberative intent can one contest and contend against a universe which is uncaring, unfeeling, and impassive to the condition of human suffering.

Sincerely,

Robert R. McGill, Esquire