Medical Retirement for Federal Workers: The Easter Paradigm

Paradigms which are based upon traditional, historical or religious foundations which have had their efficacy tested by time, have a clear advantage over untested social engineering experiments.

Federal Disability Retirement, whether under FERS or CSRS, from the U.S. Office of Personnel Management, is a paradigm of recognizing the worth of human productivity, by allowing for payment of an annuity because of a medical condition which prevents one from performing one or more of the essential elements of a particular job; yet, concurrently, allowing for productivity in working at another job, if desired, and if capable.

Thus, the normal reaction for the public at large is often, “Why should you get anything if you can work at some other job?”  The answer is the recognition of the Easter Paradigm:  death and resurrection are not mutually exclusive concepts; similarly, the fact that one is “disabled” does not mean that one cannot continue to contribute within the context of the workforce, but in a different kind of vocation.

The recuperative period of not being forced to work at a particular kind of job allows for the redemptive result of “rising” in another job.  Worth of a human being is recognized in allowing for a “second” chance.  The historical test of a model which has worked, the Easter Paradigm is one of hope and oriented with a view to the future — however long that may be.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: The Funeral that Never Was

Filing for Federal Disability Retirement benefits, for most Federal and Postal employees, is tantamount to attending one’s own funeral:  the time spent at one’s job constitutes the larger portion of one’s waking life, and to dissociate and sever the ties to an organization comprised of people, coworkers, missions and a daily sense of accomplishment, results in the same sense of finality and irrevocability.

That is why, even for those who have a feeling of elation in being able to “get away” from an agency — whether because it had become a poisoned atmosphere of acrimony and contentiousness; or perhaps one’s own sense of conscientiousness left one with a sense of guilt; whatever the reasons — the filing for Federal Disability Retirement benefits means that the struggle to continue on, despite a medical condition which is preventing one from performing all of the essential elements of one’s job, is coming to an end.

That is why, for Federal and Postal employees who are contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, it is psychologically a difficult decision to make.  But it is a necessary decision, in order for one to have that period of recuperative calm, to regain one’s health in order to move on to the next stage in one’s life.

It is difficult to move on precisely because there never was a funeral to attend.  As with a death, others in the community continue in their daily routines after the funeral; the memories fade, and time heals all wounds.

When one departs an agency or the U.S. Postal Service based upon a Federal Disability Retirement, a similar continuum of life occurs; others go on about their business; mean and depraved people seem to linger on the longest. There just never was a funeral to formally declare the date of finality; instead, as with MacArthur’s famous quote:  “They just fade away”.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Pragmatism & Angst

Pragmatism is a peculiarly “American” brand of philosophical outlook and approach; unique because it reflects the character and personality of the general population, of looking at things not in terms of understanding it, attempting to discern the underlying essence beneath the qualities and appearances; rather, to look upon success in terms of workability.

To that extent, the European sense of “angst” is often missing in the American character, because there is amiss a sense of struggling over knowledge concerning the substance of a thing.  Such an approach brings to fore the reputation that Americans are merely celebrated merchants, coming to the marketplace to trade and barter, with nothing profound to say or add.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, one can ruminate over the potentialities which lead to a denial of a Federal Disability Retirement application to an extent where one become paralyzed by the possibility.  At some point in the process, pragmatism must trump the angst.  Too many self-corrections can lead to immobility and paralysis of thought and action.  Perhaps there does not exist the “perfect word” or “complete sentence” which adequately describes one’s physical pain, mental confusion, or the nexus which describes how one cannot perform one’s job.  It is likely that no one at OPM will ever fully comprehend the terrible ordeal which the Federal or Postal Disability Retirement applicant is going through.

While many are immigrants from the “old country”, the great thing about arriving to the “new country” is that the angst which once was, is now left behind.  Sometimes, it is time to become pragmatic, and simply file.  Most things can be further supplemented and amended at a later date.  That is the beauty of America — of having second chances over and over again.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Random Decisions

Waiting is indeed a requirement in the entire administrative process of preparing, formulating, then filing for Federal Disability Retirement Benefits, whether under FERS or CSRS, from the U.S. Office of Personnel Management.

As this author has repeatedly noted previously, if patience is a virtue, then it necessarily follows that Federal and Postal employees must be the most virtuous of individuals, for the very act of waiting for a decision from the U.S. Office of Personnel Management mandates such a virtuous response from the Federal or Postal Worker who has filed for Federal Disability Retirement benefits.

Is there a systematic and logical basis in the sequence and order of the decisions which are being made?  Perhaps.  Stories always abound, of course, of specific instances where a Federal Disability Retirement application was approved within a very short timeframe, but without knowledge of the specifics, including whether the facts included exigent circumstances beyond everyday occurrences, one cannot make a determination as to why an “exception” to the sequence of decision-making was made, if at all.

From an outsider perspective, it appears that the sequence of decisions made by OPM is rather random.  Yes, there is somewhat of a pattern of first-in, first-out, but of course that depends upon whether or not such a pattern is based upon the assignment of a CSA number from Boyers, PA or at the entry point of being assigned to a case worker in Washington, D.C.

The randomness can be troubling; waiting is a frustrating part of the process; but beyond that, virtue can be tested beyond the limits of reasonableness.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Someone Told Me

The rumor-mill continues to thrive, is alive and well; and so long as human beings remain social animals who enjoy the congregation of a mixture of many in formulating a group to gather, interact, receive tidbits and convey barbs of subtle and not-so-subtle criticisms, information, and conveyance belts of commentaries, the mill which produces a vast array of misinformation will remain intact and full of life.

It is important before one initiates or engages in any process of life, however, to distinguish between information which is useful; that which is accurate; and that which is superfluous and perhaps misleading. The statement which begins with, “Someone told me that…” or “I heard that X is…” removes the responsibility of the information by ascribing it to a third party unknown.  But such ascription is ultimately irrelevant, precisely because the information itself, and the need to determine its accuracy, significance or harm, is what is at issue.

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 indeed important to ascertain the accuracy of information — as to the required timeframes for administrative filings; for the substance of the information to be submitted; the required and necessary forms which must be completed; how each stage is to be responded to, etc.  Whatever the source of the information, it is ultimately the essence of the information itself which is important, and the source of such information is secondary.

Remember — as Federal Disability Retirement under FERS or CSRS, both for Federal and Postal employees, is an administrative process initiated out of necessity — it is important to satisfy that need by going to a source from which that spring of satisfaction originated.  For, it is in the origin that one meets the essence of a thing.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: Succinctly Put

In a technological age where one’s attention is diverted by multiple needs, wants and necessities, the old adage that “time is money” is merely a reflection of the commodity-based approach prevalent in our society and lives at large.

One understands that in certain geographical locations, to encounter the salutation, “Hi, how are you,” is merely a formality, and is not meant to have one pause and actually provide the historical details of the past day, week or month, leaving aside any acceptable response other than a quick, “Fine, thank you,” and to walk quickly by.

In other parts of the country, foreign or domestic, such a greeting must actually be met with a personal conversation, lest one is left to be considered rude and unneighborly.  It is precisely because time is considered a valuable and threatened commodity, that one is left with attempting to devise ways in which to “maximize” the precious but ethereal substance.

In a Federal Disability Retirement application, when one approaches a medical doctor in requesting records, notes, or a rather detailed report in order to obtain support for one’s Federal Disability Retirement submission through the U.S. Office of Personnel Management, it is important to explain thoroughly; to request in detail; but at the same time, to remain succinct in order to deal with the aspect of time as a commodity.

Doctors know the value of time; they tie it to life and death decisions on a daily basis, and are keenly aware of the importance of a life’s time.  To show respect for a doctor’s time is important in the very approaching of the medical personnel.  It is simply one more thing to keep in mind in preparing, formulating and filing for Federal Disability Retirement benefits from OPM, whether under FERS or CSRS, for all Federal or Postal employees.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: The Changed Standard

Lawyers are trained to engage in linguistic gymnastics; that is precisely why Plato railed against rhetoricians of his day, as they used language to distort the fullness of being (as Heidegger would say).  For, the malleability of language allows for a spectrum of purposive and mischievous play upon words; only an abiding sense of integrity in the face of a world which has abandoned parameters and boundaries of what constitutes “fair play” in the arena of linguistic word games, would save the original foundation of the correspondence theory of truth.  But in this postmodern world where objective truth can no longer be argued for, subtlety in playing a language game is no longer necessary; one can simply, deliberately and without conscience switch one word for another, and maintain a straight face.

So, in a Federal or Postal Disability Retirement case, when the U.S. Office of Personnel Management inserts words which clearly do not reflect the legal standard as presently existing, what does one do?  When the standard is raised to require “disability which precludes you from the workplace”, or evidence of a medical condition which is “compelling”, how does one respond?  Such unwarranted and baseless legal applications are inserted in many denials from the U.S. Office of Personnel Management, requiring a Request for Reconsideration or an appeal to the Merit Systems Protection Board.  In the end, in order to properly respond, one must first recognize the malleability of language; then to identify the proper legal standard to be applied; then to selectively address such improper legal standards.

In a Federal Disability Retirement case, whether under FERS or CSRS, the ultimate problem is that one is dealing with a Leviathan of an agency — the U.S. Office of Personnel Management — and one which has the power to engage in rhetorical flourishes with unfettered abandon.

Sincerely,

Robert R. McGill, Esquire