Tag Archives: your rights when the federal government can’t provide or refuses to provide reasonable accommodation for disabled employee

FERS Disability Retirement: The Unwritten Last chapter

In one sense, of course, the last chapter has already been written for everyone — for, mortality imposes an identical outcome for all, and no matter the attempts of delay or circumvent that ultimate outcome, by artificial means of making one’s appearance younger than one’s stated age or by cellular-regenerative methods like exercise and good diet, etc., in the end, all such attempts are ultimately futile and we must all succumb to the natural deterioration and decay of our physical existence.

But it is in the “how” of mortality’s inevitability which makes for the uniqueness of that last unwritten chapter for each of us; of how the dusk’s phase of life was lived, the wisdom gained and imparted prior to departure, and what lasting legacy was left for those whose lives have many more chapters left to be written.

Is it with a bang or a whimper?  How many friends and family gather about to say farewell?  What stories and memories hold sway in the final paragraphs?

For many, applying for Federal Disability Retirement benefits under FERS through the U.S. Office of Personnel Management is tantamount to writing the last unwritten chapter of one’s life — if only because it always feels like the end of something significant; and indeed, it is an “important next phase” in one’s life — but it need not be the last unwritten chapter, but instead, the first in a series within a new beginning.

FERS Disability Retirement secures one’s financial future so that many more future chapters may be added in the coming years, including beginning a new career, going back to school, or traveling the world over.  Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and consider whether the unwritten last chapter in your life might not be the first chapter in a new and exciting novel at the dawn of your life.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

Medical Retirement for Federal Employees: Waves of Misfortune

Metaphors allow us to understand our circumstances; by relating the circumstance to the natural world around us, we feel a greater kinship when, in all other aspects of our lives, we have tried to alienate ourselves and artificially separate our lives from the origins of our own existence.  Similes, of course, always contain the comparative contrast that allows for a space between that which is compared and the reality of “what is”.

Thus, to say that “X is like Y” is quite different from saying that “X is Y”, even though we know in both instances that X is not Y, and that is precisely why we assert that there is a likeness between X and Y (because “likeness” is not the same as “sameness”) and also why we declare X to be Y even though they are not one and the same.  Thus is there a difference between “Waves of misfortune” (a metaphor) and “Misfortune are like waves” (a simile).

The comparative preposition creates a once-removed parallelism (simile), whereas the metaphor makes no doubt of the mirror image of one with the other.

Medical conditions are more like metaphors (here, we are utilizing a simile to describe a metaphor); there is no space or removal between the situations being compared.  To have a medical condition is not “like” something else; rather, it is the reality of one’s existence.  It is through metaphors, however, as well as similes that we describe the symptoms to our doctors and others, to try and help them understand what it is like to be in constant pain, to be depressed, to be profoundly fatigued.

And for Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition necessitates preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, it must be understood that the Federal Disability Retirement “package” is a paper presentation to OPM, and thus must by necessity use both metaphors and similes in order to persuade OPM of having met the legal criteria of a FERS Disability Retirement application.

The “waves of misfortune” must be described persuasively, lest they become a metaphor for failure in preparing, formulating and filing an effective Federal Disability Retirement application that results in a denial as opposed to an approval.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employee Disability Retirement: The festering mistake

There are mistakes; then, there is the compounding one where we fail to identify X for what it is, and continue to make excuses by deflecting with Y, excusing with Z or replacing it with XX.  This is called the “festering mistake” – that mistake which, like a wound that could easily have been attended to, is allowed to become infected, then spread, then become so serious as to require further and drastic means to save a life.

Think about it: it may have begun with a minor cut; it is dismissed and ignored; and from there it can develop into a spreading infection, sepsis, incurable and incalculable damage.  That is what often results from ignoring a mistake; failing to recognize the mistake and attending to it; refusing to identify the mistake and attend to the symptoms; avoiding the direct confrontation and culpability of it with unintended consequences of greater reverberations beyond that which was originally the core of it.

We all make mistakes; it is the festering mistake that leaves us devastated – not only for the mistake itself and the growing complexity of trying to make up for lost time in failing to attend to the mistake itself, but further, for the failure of identification.  Just as the seat of wisdom is the recognition of one’s own ignorance, so the engine of success is the identification of mistakes early on.

For Federal employees and U.S. Postal workers who are attempting to file 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, the key to a successful outcome – no matter how long the process, and regardless of the difficulties to be faced – is to recognize the mistakes potentially there to be made, identify the pitfalls to be avoided, and realize that you cannot put “blinders” on OPM once they have seen that which was neither necessary nor any of their business to review or entertain, and to never allow a festering mistake to occur in the first place.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Employee Disability Retirement: Our civilization of the spectacle

The concept is borrowed from the Peruvian writer, Mario Vargas Llosa (there are two additional names he formally possesses, “Pedro” and “Jorge”, as in, “Jorge Mario Pedro Vargas Llosa”, which likely encompasses family traditions of heritage and linear identification of relations, but it is sufficient to identify this momentary act of plagiarism negated by referring to the common and known reference), and refers to the widespread acceleration across all societies in the public display of what we once considered tasteless and base.

The concept itself, of course, is further “borrowed” or likely evolved from a work entitled, “The Society of the Spectacle” by Guy Debord, which posited a critical Marxist theory about the evolution of Society where the greed in Capitalist societies in the hunt for accumulation of possessions naturally leads to the degradation of human dignity.  One gives away one’s age and antiquarian predilections in relating memories of childhood, when parents used to say to their children, “Johnny, don’t make a spectacle of yourself!”

Nowadays, such admonitions would fail to be understood; for, it is the wish and dream of every parent to see that the very apex and aperture of opportunity remain opened to one’s offspring — to become the next spectacular spectacle in this universe of appearance, show and public display.  Have we come to a point where all conventions have been nullified?  Where discretion is no longer the mark of good taste, and humility is equated with failure and false pride?

It was once thought that when history evolved such that the Kardashians rule the levers of the universe, we would know then that human degradation had reached its lowest common denominator.  But, somehow, the shovel seems to be able to dig a little deeper, and find a lower space in which to crawl into.  For the common man (and woman, as one can no longer presume equality unless it is explicitly stated), revelations of human maltreatment are nothing new.

Look at Federal workers and U.S. Postal employees across the board, who suffer from a medical condition, such that the medical condition necessitates an “accommodation” in the workplace.  It is rare, indeed, for the Federal employee or Postal worker who requests an accommodation, that consequences are not imposed, results are not negated, and reputations are not soiled.  Medical conditions should, by definition, be a basis for empathy and special accommodations; but in this society and civilization of the spectacle, it merely represents another venue where the weak are taken advantage of, and the sickly are relegated to the corner stall, away from the window of display, and hidden in the crevices of windowless corners.

Federal employees and U.S. Postal workers know well the treatment by the Federal agency and the U.S. Postal Service, of what it means to no longer be able to perform one or more of the essential elements of one’s Federal or Postal positional duties.  The choice is clear, and the alternatives defined:  Filing for Federal Disability Retirement benefits under FERS or CSRS, or even CSRS Offset, is the best and brightest hope for the future of an injured or debilitated Federal or Postal worker.

For, in the end, both the Society of the Spectacle and the Civilization of the Spectacle are one and the same; whether by evolutionary inevitability or description of the state of modernity, those who make a spectacle of one’s self, must pay the price of being a target for another who desires that high point of calamity, where only the strongest survive.  Darwin was right, after all; we just didn’t realize that he was describing both the human being as well as the lowest form of our animalistic essence.

Sincerely,

Robert R. McGill, Esquire
OPM Disability Retirement Attorney

 

Federal Disability Retirement: A Return to Basics

Every few decades, there is a “new” movement which upholds the divinity of returning to the foundational core of one’s existence:  of going back to being a farmer; living a life of an ascetic; stripping away all “unnecessary” accretions and accoutrements deemed as vestries of comfort and “bourgeois” by definition (whatever that means); or, in common parlance and language more amenable to the ordinary person, living more “simply”.

The perspective that such a “movement” is somehow “new” is of itself rather an anomaly; but then, each generation believes that they have discovered and invented the proverbial wheel, and all such past epochs were mere ages of primitive imbecility.   And, perhaps, we are once more in that familiar circle of life, and such a movement has beset the quietude of modernity, again.  As such, let us return to the basics:

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the Federal or Postal employee may need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the “foundational” eligibility criteria needs to be met:  For those under FERS (Federal Employees Retirement System — or the “new” system sometime around 1986 and thereafter), the Federal or Postal employee must have a minimum of 18 months of Federal Service in order to apply.  For those under CSRS, the accrual time is 5 years — and, as such, anyone under CSRS would presumably have met that basic requirement, although a CSRS employee with a long “break in service” could potentially fall short, but that would involve a unique set of circumstances rarely seen.

Further, the Federal or Postal employee who sets about to file for Federal Disability Retirement benefits must either be (A) a current employee (in which case he or she would file first through the agency’s Human Resource Office, then to be forwarded to OPM, (B) if not a current employee, then separated from service not more than 1 year (as the Statute of Limitations in filing for Federal Disability Retirement requires that a former Federal or Postal employee file directly with OPM within 1 year of being separated from service), (C) if separated from the Federal Agency or the U.S. Postal Service, but not for more than 31 days, then to file with one’s former Agency, and (D) if separated for more than 31 days, but less than 1 year, then refer to (B) and file directly with the U.S. Office of Personnel Management in Boyers, Pennsylvania.

These are some of the “basics” in filing for Federal Disability Retirement benefits.  There is much, much more to the entire process, but then again, if one were to expand too far astray from the foundational core of the “back to basics” movement, one would be a hypocrite for allowing the complications of life to accrue beyond the essential elements of life — of water, food and shelter or, for the Federal and Postal employee filing for Federal OPM Disability Retirement benefits, whether under FERS, CSRS or CSRS Offset, the bridge between one’s position and the medical conditions one suffers from.  Go figure.

Sincerely,

Robert R. McGill, Esquire