CSRS & FERS Disability Retirement: Investment for the Future

Ultimately, whether or not this is an optimum time for an individual to file for Federal Disability Retirement under FERS or CSRS is a decision each individual must make, depending upon the specific circumstances. From a medical standpoint, of course, most individuals have no choice because he/she must file for disability retirement. From an economic standpoint, as private companies cut back and begin relying upon a part-time workforce without needing to pay for a worker’s health insurance benefits and other benefits, a Federal Disability Retirement Annuitant is a very attractive potential worker, indeed, because most such annuitants retain their own health insurance benefits.  Such an annuitant can go out and find a job making up to 80% of what his/her former job currently pays, and still continue to receive the disability annuity.  Further, while each individual must make a decision concerning hiring an attorney to help secure disability retirement benefits, it should always be looked upon as a long-term investment.  Disability annuitants may be chosen randomly every two years to answer a Medical Questionnaire, and it is equally important to retain the benefits, as it is to initially secure it.  These are all issues which must be considered carefully, as an investment for the future.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Which Disabilities To List

When I look at a potential disability retirement case, I find it helpful to look at the case not only prospectively, but retrospectively. While not a “rule” cast in stone, when the Office of Personnel Management approves a disability retirement case, it will normally attach a page which identifies which disability — normally one, often two, sometimes three — was/were the basis for the approval.  Thus, it is important when preparing a disability retirement packet and application, to identify which medical disabilities will be listed and depended upon; and further, once is it approved, it is helpful to look to the future, for there is a random chance that every 2 years or so, you will be selected to answer a Medical Questionnaire to determine if you are still disabled.

Thus, if you list a minor medical condition, and you get approved for that minor medical condition, if you recover from that condition, you can potentially lose your disability retirement benefits in the future. (Note:  for those of you who are my clients, please do not worry; no client of mine who has received a Medical Questionnaire has ever lost his/her disability annuity)   Thus, it is important to identify those medical conditions which are the “most serious”, and base your medical disability retirement packet upon the most serious, long-term disability first –before listing secondary or additional medical disabilities.  This is not to say that you should not list more than one medical disability; indeed, in preparing my packets for my clients, I will often list more than one, but I do it in sequential fashion, and when I put together my legal memorandum in arguing my case on behalf of my client, I constantly refer back to the central medical disability.

Sincerely,

Robert R. McGill, Esquire

The Incremental Life

I find that a foundational problem in the vast majority of the population is the error of leading an incremental life. It has become a trite triviality (the duality of concepts taken together is intended; ‘trite’, because it is a common banality; trivial, because it is next to insignificant; together, to convey the idea that it is both widespread and unimportant) to note that the young live for the here and now; that there is no longer a sense of having to pay one’s dues; that as youth is idolized, so the young must be allowed to enjoy the fruits of their labor here and now (without, as it turns out, much effort needed to be expended on the ‘labor’ side of the equation) – (as you can see, I am attempting to define such trite triviality by circling back and utilizing trite and trivial concepts to define itself); and that as youth is defined by and as the ‘beautiful people’, and physical attractiveness is the penultimate value of life, the telos from birth, the eudaimonia of this century — so it must be lived within an incremental life, or not at all.

The incremental life is a life of episodic living. It is a life which is described by Heidegger in Being and Time – where the avoidance of an ontological encounter is accomplished through our projects; the encounter with nothingness, which is the direct route to encountering Being, is avoided by immersion into distracting projects – of work, of leisure activities, and even of drunks and degenerate pleasures. But the complex over time always gets reduced to the common denominator of the lowest quotient; the remainder, in its bare essence, is nothing more than human failure; and that is why we end up with a society overwhelmed by divorce (the final realization that the incremental life was never intended), suicide (the meaninglessness of physical attractiveness as a foundation of one’s life), and failure (not necessarily lack of financial success; rather, the goal of excellence in anything attempted, is simply never reached).

A man and his family sits in a Bob Evans Restaurant; he is surrounded by his beautiful family — an ensemble of boisterous daughters ranging from ages 3 – 13 – with his wife across and adjacent from his two eggs over-easy, three strips of bacon and hash browns, the one egg slightly broken with the yellow having seeped from its levy. His wife of 12 years (the incongruity requiring explanation is prayed never to be asked, and in those rare moments of terror, the world of morality is shaken and the sudden trembling of the world, tantamount to Atlas shrugging, by the innocent question which, in the company of delicate sensibilities, asked by the oldest child, whether with mischievous candor or ignorant naiveté, Mom, I was rummaging around in some of your papers, and how come your marriage certificate shows that I was born only 3 months after you were married? – resulting in a terror-stricken moment of silent looks askance as to intent, motive, truth, falsehood, cover-ups and flippant lies, or all of the above bundled into a shrug and a, Oh, you must have misread it, and a cold, harsh stare of daring to that first child you had brought into the world with such hope and love and expansive dreams, where the universe was a titillating challenge of eternal optimism, until one day you wake up with the angst of realizing that death and the unexpected vicissitudes of life require planning beyond the mere pleasures of a newborn gurgling of delightful and toothless smiles and shrieks of joy) sits with an outwardly calm demeanor to those who do not know her; but the husband/father/man with the seeping yellow plate of eggs does know her, and recognizes the subtle seethe beneath the exterior, that somehow dawn and the peace of morning quietude were no longer meant for her; that the life of daily drudgery meant that Heidegger was irrelevant, or always was; for who cared for a dead Philosopher who devoted his life to making complex the obvious; a Nazi sympathizer who violated his own code of academic categorical imperatives by compromising in order to ‘survive’, when in fact his moment of confronting the nothingness could have been met head on, with courage and principle, in order to attain the very spice of Being that he preached. Yes, the children – born of her flesh, the bond of mother to children, of all 6 daughters; but joy comes in moments of reflection; and to have the time to reflect upon one’s joy; for without that time, joy is but an episodic emotion, a feeling which bypasses fleetingly, and it is only when it is conjoined with reflection and time to reflect does it rise to the stature of joy.

And one day, while sitting at breakfast – with Jasmine barely acknowledging them; Karen sitting self-consciously; Lisa gorging herself; Maria shrieking; Nancy holding up her syrup-sticky hands up to the ceiling for inspection; and Olivia shrieking because that is the nature of a 3-year old; befuddled, the father asks himself, How did I arrive at this point? For it began with the episodic state of love; and when he had asked her father – his now father in-law, for permission to have her hand in marriage, her father had said to him: What are your future plans? At that moment, he had not stopped to reflect; instead, he blurted out a quick answer to satisfy the old man in order to fulfill his episodic state of love. “I plan to marry her and take care of her!” he declared boldly. The old man had smiled – almost a smirk – and shook his head slowly and deliberatively. “Yes, of course,” he had said quietly, “yes, of course.” And with a pause, the old man gave his blessing, but before that blessing, he had asked a peculiar question: “For what end?”

The father had never paused to answer that question.

Then, the incremental family came into being – of a child, then another, then another; and each one, in and of herself, each moment of birth was a time of joy, of an overwhelming intervening event; but with no time for reflection upon the previous event, and no amount of reflection upon a future event, each event was a momentary frame of joy, or an event, one might say; for to be consistent, inasmuch as no time was set aside for reflection, it never rose to a level of joy; merely an episodic moment of emotional consummation.

Life in increments. Each increment, an opportunity for reflection, to pause and reflect into the future; to know God’s plan and purpose; that each life has a teleological framework, and it is our responsibility to meditate, discern, and grasp that framework. We as rational beings, placed for a purpose and a specific goal within the framework of God’s plan, cannot be like “everyone else”. We who are “partakers of the divine nature” cannot merely be “tossed to and fro” as if we were unaware of the very purpose of our existence. Now, the father in Bob Evans Restaurant — that is not to say that he was not following God’s plan; that he was fully partaking of the divine plan may well be so; but let us hope that at some point in his life, he had indeed asked and answered the question, “For what end”? For a man who partakes of the divine nature must by necessity know three things: Who am I? (One’s identity) Why am I here? (One’s certainty of Being), and Where am I going? (One’s purpose for being). One who partakes in the divine nature cannot wake up one morning and decide that the incremental life he had been living heretofore is no longer one that he desires; but that is what an incremental life has the potential danger to end in. To partake in the divine nature means that we must break out beyond the boundaries of our present lives; to have a vision of where we want to go, and for what end; to live an incremental life, as the world around us, is to disregard the divine part of our nature.

For what end? To fulfill God’s plan; to guide and mentor our children; to set a course for our family with the full confidence that the changing and fickle storms which toss others to and fro will not impact us. In these uncertain times, it is all the more important to take the time to reflect. Actively, partake of God’s divine nature.

Time and Age

Two old people on a park bench; and, of course, the image is one of time passing, of coiffed cauliflower clouds lazily drifting above, bringing passing intermittent shadows on a windblown fall day. A man and a woman; as the jogger passes by, seeing these two elderly figures sitting near, but not intimately so, to one another; the identifying passing thought: an old couple; grandparents; old people from another time. Such thoughts are often fleetingly dismissive; for some reason, each generation believes that theirs is “the one”; that those who are old are irrelevant; that grey hair and wrinkled foreheads; that deeply etched lines showing decades of smiling; of accordion-shriveled upper lips; of canes revealing painful arches and arthritic knees somehow diminishes one’s being.

The young are too busy with projects, plans and purposeful pursuits; Heidegger recognized the profound lobotomized bifurcation of our lives: old age and death are the penultimate ontological end; how we divert our focus upon that telos is the singular key for the young; for to ruminate upon our death is to become overwhelmed with existential angst; of the Prozac generation that we have become; for it is indeed our projects and hobbies which provide the diversion from such ruminations; and so the old have endured and survived, only to come ever so closer to that end which they spent their lives attempting to avoid; for death comes “like a thief in the night”, and all that we can do is hope that our projects and diversions will keep us occupied until the time of eternal slumber.

But it is still a puzzle, is it not, why the young view the old as irrelevant? The old are a source of wisdom, or should be; as Confucius once stated, By three methods we may learn wisdom: First, by reflection, which is noblest; Second, by imitation, which is easiest; and Third by experience, which is the bitterest. But to imitate would be to remind one of impending death; to experience would take us away from our diversions; and to reflect would mean we would have to face ourselves. And so the old are passed by; as joggers see the world peripherally, in a whisk of blurred images, of trees and rectangles of sidewalks; of pets being walked and automobiles passing; and two old people on a park bench. Lovely couple. Old. What’s my schedule for this afternoon?

Time passes; the daily engagement of diversions must be attended to. Otherwise, we may be forced to reflect upon the very worth of our being, and the worthiness of those very diversions which are meant to occupy our thoughts.

For, who among us can freeze time at any given moment of our lives, and honestly declare that we are acting as worthy stewards of such a precious commodity?

Federal Disability Retirement & the Reconsideration Process

In the process of applying for Federal Disability retirement under FERS or CSRS, it is the “hope and wish” of each applicant that it will smoothly sail through at the initial stage of the application. However, the reality of the process is that a certain percentage of applications get denied at the initial stage (Stage 1 of the process). It is both discouraging and befuddling to receive a letter from the Office of Personnel Management informing you that your disability retirement application has been “denied”.

You are now required to Request Reconsideration of your case within thirty (30) days of the date of denial, and you must submit additional medical evidence or other supporting documentation within 30 days of requesting such reconsideration (Stage II of the process). It is, indeed, a time of disappointment to receive a denial. It is all the more so when it is unclear as to the basis for the denial. Often, a denial letter will refer to the medical evidence without much commentary beyond acknowledging the submission of a medical report, then in the last paragraph, simply make a declarative statement that the medical evidence submitted “was insufficient” to show that you are disabled. Or, more often than not, the OPM Benefits Specialist will actually mis-state the law by claiming that you have “not shown that you are so disabled as to keep you from the workplace” (no such legal standard is required under disability retirement rules, regulations or case-law).

Whatever the reasons given, it is both discouraging and disheartening to receive a denial letter from OPM. However, it is important to calmly, systematically, and with pinpoint focus reply to the letter of denial — even if it doesn’t seem to make any sense. This is done most effectively by using all of the tools required in persuading eligibility and entitlement to disability retirement benefits: the law; the medical report; the medical records; rational and legal arguments –in short, the “nexus” needed to win.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement & the Economy

I have been asked, via multiple emails, of my opinion concerning the right time to file for disability retirement, given the state of the current economy. I am not an economist; I am an attorney who specializes in obtaining disability retirement benefits for Federal and Postal employees under FERS & CSRS. With that prefatory caution, let me state that I am an optimist, and always see the glass as “half full” as opposed to “half empty”.

First, if a Federal or Postal employee can no longer perform the essential elements of one’s job, then it is probably time to file for disability retirement. Second, while disability retirement does not pay a great amount of money, it is a base annuity which allows one to go out and start a “second career”, and make up to 80% of what a person’s former position presently pays, on top of the disability annuity. Further, because disability retirement allows one to retain one’s health insurance benefits, such an individual can be an attractive candidate to a private employer, because of the lack of need to insure the person in the course of his/her the second career. Third, in a tough economy, part-time employment is often more available, and so it is often a good economy for individuals who have a base annuity to rely upon, and who are looking for supplemental income. In any event, one should always look at disability retirement benefits as an opportunity to preserve one’s deteriorating health, and move on to pursue other avenues of opportunities.

Sincerely,

Robert R. McGill, Esquire