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Early Medical Retirement for Disabled Federal Workers: Joy of the Mundane, Though We Knew It Not

November 12, 2013

The very concepts of “joy” and “mundane”, placed within the same breath, the same sentence, creates what is tantamount to an anomaly, a self-contradiction, an oxymoron, or at the very least a questionable positing of an invalid proposition.

For we tend to consider joy in terms of momentary elation, an extended period of satisfaction, or a sense of quietude wrapped in layers of giggling quivers. Conversely, the mundane evokes boredom, monotony, a time devoid of elevated emotional responses; a time of negation, where the chasm between desire and duty floats apart from one another like drifting icebergs in the cold North Atlantic seas.

Until a medical condition intervenes. Until the chronicity of a progressively deteriorating and debilitating disease or injury eats away at our body, mind and/or soul.

In a crisis, the monotony of the mundane becomes preferable; and in a protracted life of chronic ailments, that momentary period of quietude when life was merely the ordinary and the boredom of everyday existence prevailed upon a life questioned as to value, purpose, character and the eternal “why?”; it is then that one comes to realize the ultimate Zen character of enlightenment, and recognizes the living distinction between joy and the mundane.

For the Federal and Postal worker who suffers daily, Federal Disability Retirement is a viable alternative to the daily divide which has grown disproportionately magnified, between joy and the mundane.

Federal Disability Retirement benefits are part of one’s bundle of employment benefits. It is a benefit filed through the U.S. Office of Personnel Management, for those under either FERS or CSRS, and allows for early medical retirement, while tending to one’s health conditions.

We all once knew the joy of the mundane; but such knowledge quickly gets erased when a medical condition creates a crisis. Federal Disability Retirement allows the Federal and Postal employee to relive that joy — of the mundane, the monotonous, of the everyday existence of the ordinary which we all seek and desire.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: The Line between Chaos and Order

October 31, 2013

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It is a thin line. Subject to the winds of perspectives, and often alternating between moods, stimuli encountered; adversarial confrontations may destroy the fragile order held together by sheer will power; and in the end, the appearance of calm and order is often a mere front, a determination to survive another day, when it is the boiling pot of underlying chaos which constitutes the reality of the person in need and crying out for help.

Whether it is to mask the pain of physical conditions by ingesting large quantities of prescribed medications in order to survive the day, while all the time concealing it (or simply not providing the full extent of information) for fear of being disqualified or being sent to a fitness-for-duty examination; or perhaps it is psychiatric in nature, and the fear of revelation and isolation from coworkers, supervisors, etc. The line between order and chaos is indeed a fragile, almost imperceptibly thin one.

Some Federal employees or Postal Service workers refrain from considering filing for Federal or Postal Disability Retirement precisely because, to do so would be a self-admission that the necessity of filing reflects the seriousness of that growing chaos. But such chaos can only be contained for a period of a day, a month, perhaps several months, before it begins to manifest itself in ways that others will begin to take note.

Like the largest organ of the human body — our skin — which holds together the complexity of the human body with all of its organs, intestines and the gory details of our inner self, in order to make the human appearance presentable; likewise, the chaos within is contained by a slim margin.

Federal Disability Retirement benefits through the U.S. Office of Personnel Management is a benefit which allows for that recuperative time in order to settle the chaos; for the Federal and Postal worker who treads the tightrope of a progressive medical condition which is beginning to impact one’s ability to perform the essential elements of one’s job, it is an option which must be considered. Otherwise, the thin line between chaos and order may be trampled upon, thereby exposing the true nature of one’s internal condition, thus revealing the reality of our lives.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Divide between Words and Reality

September 19, 2013

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The problem with the linguistic universe is that they create a parallel universe which can be completely devoid of any connection or correspondence to the reality of the world which we occupy; thus the span of genres of imaginary creations, including fiction, science fiction, fantasy; as well as the virtual world of video games (which encompasses language because of the imaginary conversations which act “as if” the events occurring in the game itself are real).

The danger of language is that it may well communicate far more than what the objective world represents; and, conversely, it can also convey far less than what one may intend.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the point of language is to describe and delineate the reality of one’s situation; the severity of one’s medical condition; the logical nexus between one’s medical condition and the positional duties one must engage; and the reasoning, based upon medical evidence, of why the Federal or Postal employee cannot perform one or more of the essential elements of one’s job.

The wide chasm between the world of language and the world of objectivity is the test of success; for, it is the one who can close that gap, and represent the reality of one’s universe by the correspondence of language, who will achieve a successful outcome.

The great divide between language and reality is a challenge which must be approached with care and trepidation; for, in the end, if language fails to correspond to reality, what would be the point of civilization in its endeavor to maintain the historicity of its existence?

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Question and Answer

August 12, 2013

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A question presumably is a tool of communication seeking a satisfactory answer; and, conversely, an answer will satisfy the query only upon addressing the specific information sought. Thus, the question is not merely a general request for irrelevant information, and an answer is not just a sequential set of words culled together from a pool of language. Yet, many people often act as if speaking a volume of phonetically mellifluous tones will satisfy a query; and that speaking with intonations of a question mark will invite information of relevant import.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to understand the questions posed on the Standard government Forms in a Federal Disability Retirement application; and, similarly, one must take care in providing the proper, relevant, and satisfactory answers to the queries posed.

Questions often have a history; implied requests for information carry a weight of tested legal cases, and thus questions which seem simple on their face have been formulated based upon such case-histories.

For the Federal or Postal employee encountering the question for the first time, it is well to try and understand the vast body of historical context preceding the formulation of each question. For, as the age-old adage still applies, those who fail to study history are apt to repeat it.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: The Disjunctive between Words and Actions

April 25, 2013

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In symbolic logic, there is the disjunctive which allows for a choice between two elements, and one must exhaustively pursue the symbolic “tree” in order to arrive at a logical conclusion. At each fork in the road, there remains a choice; the pursuit of each road leads to the answer one searches for.

Similarly, in life, one is often confronted with such metaphorical “forks in the road“, and the choice which one embraces will determine whether the path taken leads to — if not a logically sound outcome — a reasonable judgment.

Throughout the career of the Federal or Postal employee, a sense of “loyalty” is stressed; that if one works hard, one will be rewarded; if the agency succeeds in its accomplishments, the individual worker who contributed will be acknowledged, praised, etc. But the true test of sincerity is actions, not more words.

When the time comes when a Federal or Postal employee is overwhelmed by a medical condition, such that the medical condition impacts one’s ability to perform one or more of the essential elements of one’s job, then that is precisely the time to “cash in” on that loyalty which the agency had previously and so honorably declared to be of penultimate importance.

Don’t count on it.

If one’s agency indeed confirms the sincerity of its words, then that is an exponential benefit to the process of one’s life and career. But short of that, one has reached a true “fork-in-the-road”, tripartite in character, and the choice is often one of walking away, being constantly harassed, or filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Federal Disability benefits were always part and parcel of a Federal or Postal employee’s total compensation package. It was part of the reason why you “signed on” as a Federal or Postal worker.

When the appropriate time comes — when a medical condition prevents you from performing one or more of the essential elements of one’s job — then it is time to go down that path, and pursue the tree of logic, and look out for one’s own best interest — and not merely be blinded by the words of an agency which somehow declares a state of amnesia when it comes to such vainglorious words like honor, loyalty, and the mission of the agency.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Weeds in Our Lives

April 16, 2013

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Weeds are irritants. Ecologically, they contain erosion and the loss of soil; but in the suburban paradigm of our lives, they represent the unruliness in an otherwise pristine and antiseptic face-lift of our artificial lives.

Weeds also represent an unwanted intrusion into the image we create; further, they have deep roots, and even if torn out and discarded, have the ability to regenerate. In that metaphorical vein, they stand for the very things which we desire to uproot, but continue to cling to, despite our best efforts.

In considering the option of filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the Federal or Postal worker will often cling to the weeds which have overwhelmed one’s life. Once, perhaps, in years gone by, such weeds may have been the beautiful flowers one had planted and tended to with affection and care; but the weeds have now invaded and enveloped the areas which once were the showpiece of one’s life.

The acknowledgement itself may be the most difficult; to admit that one’s career, job, vocation, etc., with the Federal Government or the U.S. Postal Service is now the weed which must be uprooted and discarded, is often the most trying and difficult of decisions to make. But like the weed with the vast and endless root system beneath the terrain of appearance, merely breaking off the stem will not solve the problem.

Sincerely,

Robert R. McGill, Esquire

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Medical Retirement for Federal Workers: The Circle of Questions and Answers

February 22, 2013

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The tragedies befall frequently enough to make some correlative conclusions; of the athlete who fell short of the finish line; of the one who wanted to just make it one last time, only to become severely injured prior to completing the task; and others who become debilitated within the last 50 yards, or within the parameters of being “within reach” of the end. This is likened to the Federal or Postal employee who has only a couple of years before full retirement.

Inasmuch as Federal Disability Retirement takes on average 8 – 10 months to obtain (from the start of the process of gathering the medical reports, records, etc., until a decision from the U.S. Office of Personnel Management), the question often becomes whether it is worthwhile filing for Federal Disability Retirement when one has come so close to the finish line.

Each case must be assessed and evaluated with the particular facts peculiar and unique to it; but questions of intelligent assessment should be applied, in order to reach an algorithm of rational conclusions: When I reach the end (or, “if I…”), will my health be preserved enough such that I can enjoy retirement? Is the reason why I am contemplating Federal or Postal Disability Retirement now, because I have in fact already reached the crucial flashpoint where I am no longer able to continue performing the essential elements of my job? Is there a possibility that I will not in fact be able to endure the remaining X-number of years left before I reach full retirement?

Questions prompt answers; answers, even if preliminary and tentative, begin the process of further questioning; and so the circle of questions and answers begin to guide and resolve the issues which trouble the soul.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Power, Persuasion and the Legal Argument

January 25, 2013

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FERS & CSRS Disability retirement is no different, in kind, than other areas of law which intersect with individuals and personalities. As an area of administrative law, and specifically, where a government entity (the U.S. Office of Personnel Management) is involved, the Federal or Postal worker must encounter an agency which is large, powerful, and often immovable (sort of like Aristotle’s Primum movens, or the Prime Mover).

The singular Federal or Postal worker may find the encounter with the Federal government to be a daunting, almost insurmountable task. It is the classic meeting of two unequal forces; and, as such, there is always a question as to who will prevail.

Fortunately, however, there are some mechanisms in place which allow for persuasive argumentation. If a Federal Disability Retirement application is denied at the First Stage of the administrative process, then there is the Second, or Reconsideration Stage of the process, which places the disability retirement application in the hands of a different OPM case worker, in a different section. If it gets rejected a second time, then it is taken entirely out of the hands of OPM, and will be placed before an Administrative Judge at the Merit Systems Protection Board.

Throughout the entire process, however, the Federal or Postal worker may feel lonely, small and irrelevant. That is why the Federal or Postal worker who is contemplating filing for Federal Disability Retirement must engage in substantive and persuasive legal argumentation. Persuasion is the key where power is unavailable. It is OPM which has the power; it is the Federal or Postal Worker who has the persuasive tools, and must use them to his or her advantage as the law allows.

Sincerely,

Robert R. McGill, Esquire

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Medical Retirement for Federal Workers: How We Go about Preparing a Case

January 24, 2013

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The end product of a case — how it reads; the coordination of the facts, statements, allegations, and citation of law, etc. — reflects the process in which one has undertaken in order to arrive at that endpoint.

Some cases present themselves like a compilation of bumps and potholes; others, as if a roadmap was never consulted and the wide expanse of the universe became a meandering and directionless compass. Maps and compasses serve a purpose; they provide the traveler with a focused direction and purpose, and a sense that there is a straight line between two points — where to start, and where to go.

In preparing, formulating and filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to have a sense of direction — a purposive roadmap in which the preparer of the application for Federal Disability Retirement benefits knows, understands, and implements a plan to reach the stated goal: an approval from the U.S. Office of Personnel Management. Yet, even the best of such preparers can never guarantee the successful outcome sought.

What the “best of them” can do, however, is to take the terrain of the road, put forth a plan for the best route, then guide the “traveler” in the most efficient and effective manner possible. One must work with the facts, and even if the facts are not always favorable, to give the best chance by avoiding dangerous pitfalls, and to present the safest route to the destination, all of which will provide the greatest opportunity for success.

How one gets from point A to destination B is the key to a successful Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

Waiting to Get your Federal Disability Retirement Benefits?: Well Worth It

January 16, 2013

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There are many stories out there. Indeed, as many Federal and Postal Workers who live and work throughout the United States and in Europe, Japan, and across the spectrum of the world, there is a microcosmic, personal story to be told. That is the point of Chekhov’s short story, “Grief”, in which the father needs to relate the narrative story of the tragedy of his son’s death.

In the impersonal world within which we live our lives, as a cocoon untouched and untouchable, there are stories and tragedies which we know not about. Then, there are the narratives of successful outcomes; of those Federal and Postal workers who have filed for Federal Disability Retirement benefits, who — years later — relate tidbits of starting second vocations, of having the opportunity to rehabilitate from their medical conditions, and to start “new” lives.

The “present” and “now” is always a time of anguish, especially if one is suffering from a medical condition, or is awaiting a decision from the U.S. Office of Personnel Management for a Federal Disability Retirement case.

Is it worth the wait? To ask that in the present-tense is probably not the right question. Rather, once a Federal or Postal worker has filed, has obtained an approval, and has taken some years to move on into another stage of life, the time to ask the question is probably in a retrospective manner: Was it worth the wait?

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the Federal or Postal employee who intends on filing must understand that it can be a long and frustrating administrative process. Hopefully, however, the hope of the future is what makes the waiting worthwhile. For, without the hope of the future, we would all be stuck in the drudgery of the present.

Sincerely,

Robert R. McGill, Esquire

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FERS Disability