Federal and Postal Disability Retirement: A New Beginning, after an Old Ending

Whether it is old age which makes for intransigence, or whether it is a lifetime of habitual living which makes for difficulty in changing the course of one’s future, will never be completely answered.

Youth better tends to possess the capacity to adapt and change as the malleability of circumstances confront an individual.  Old age — or those who euphemistically are identified as being “mature” — has the unfortunate effect of being entrenched in the ways of routine and unchanging, repetitive actions.

Perhaps the early requirement of being able to “multi-task” — of performing a variety of bombardments of sensory overloads on smartphones, iPads, computers, etc. — will have a positive impact upon society in the end, by allowing for quick and effective adaptation in an ever-changing environment.  Perhaps the penultimate, Darwinian evolution is taking place before our very eyes:  cognitive adaptation, where those who fail to change quickly and with each altering circumstance be able to parallel the change, will fail to survive in this high-paced, technological society.  The multiple “perhaps”, of course, still leave a healthy doubt; culture, stability, sameness — there are positive things to be said about the “old” ways.

In preparing, formulating, and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether it is under FERS or CSRS, the most difficult step for the Federal or Postal employee is to recognize and adapt to the change which will occur, does occur — and must occur.

The old habit of thinking that one’s career with the Federal government, or the U.S. Postal Service, necessarily means a lifetime of commitment, must alter; the paradigm which one walked around with, that a single career in life marked one’s character of commitment and stability, needs to be transformed.  For, ultimately, Federal Disability Retirement allows for a new beginning:  of having that rehabilitative period to take care of one’s medical conditions, while concurrently allowing for contemplation of a second, albeit different, type of vocation for the future.

Whatever one’s age, Federal Disability Retirement has the potential for a brighter tomorrow.  It is a benefit which can allow for a new beginning, and once taken, the Federal or Postal employee will perhaps see that the old ways weren’t so attractive after all.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Details Determine the Path of Success

One is often asked concerning the steps to be taken in order to formulate a successful Federal Disability Retirement application.  Whether under FERS or CSRS, all such Federal Disability Retirement applications will ultimately be reviewed and critically analyzed by the U.S. Office of Personnel Management, to be determined as to whether such an application meets the legal standards for eligibility and entitlement under the statutes, regulations and case-laws governing Federal Disability Retirement.

As with all things in life, the path which one undertakes in an endeavor of this nature — the logistical “steps” that must be completed — will depend largely upon the particular facts of each case.  Yes, the general outline is somewhat identical for each; and, yes, the character and kind of evidence to be compiled may be similar.  But it is the uniqueness of the particular set of facts, for each Federal Disability Retirement application, which determines the type, extent and quality of a successful Federal Disability Retirement application.

Thus, to take an extreme example:  A Letter Carrier for the U.S. Postal Service who suffers a horrendous accident and becomes paralyzed, will not need much more than the emergency room and hospitalization records, and perhaps — and this is a “big” perhaps — a short (couple of sentences) statement from a doctor.

On the other hand, an IT Specialist working for a Federal agency who suffers extreme stress, will require a comprehensive medical report which details specific reasons as to the impact upon the positional requirements of his or her job.

As with almost everything in this complex compilation of sensory perceptions we identify as “life”, the details of a particular endeavor and encounter with a Federal Agency will determine the pathway to success; details matter, and 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 precisely the details which determine which devil will rear its ugly head, and how to avoid such devilish encounters.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: The Automatic Pilot

Then there is the story of the individual who was driving an RV, set the acceleration mechanism on “auto”, and left the driver’s seat to go and make some coffee.  Obviously, one need not have too great an imagination as to what happened next.

“Auto pilot” is a concept which one considers in the context of comfort and alleviation of human effort; by allowing for machines and artificial intelligence to dominate and take over, such technological advances allow for human beings to engage in other pursuits.  The problem with such a perspective, however, is that most people go through life on auto-pilot to begin with; and allowing for machines and smart-technology to engage in human action merely perpetuates further thoughtless action.

In preparing, formulating and filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management, whether under FERS or CSRS, one will encounter many steps and stages of the phenomena identified as “auto-pilot” — both at the Agency level, as well as the case-worker at the U.S. Office of Personnel Management.

Whether because of being overworked, or after years of mundane administrative tasks which dull the intellectual capacities of the human brain, it is often difficult to “jolt” the worker into focusing upon one’s particular Federal Disability Retirement application.  While one can argue that, “If you have seen one, you have seen them all”, it is important to acknowledge that one’s own Federal Disability Retirement application is unique precisely because each medical condition and its impact upon one’s ability/inability to perform the essential elements of one’s positional duties is identifiably singular in relevance and importance, and as such, “shaking up” the sleeping giant of auto-pilot is crucial in getting a Medical Disability Retirement claim to successful completion and approval.

To do this, it is wise to make certain that one’s Federal Disability Retirement application is well-formulated, streamlined, and presented in a coherent, comprehensible whole.  That way, if one encounters an auto-pilot, it will not end up like the driver of the RV and result in a vehicle driving over the proverbial cliff.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Expectation of Ethical Behavior

Ethics requires the containment and delineation of certain parameters of behavior.  The single intervening cause which provides for an exception to such constraints of behavior — as a practical matter — is the accumulation of power.  Power serves as an aphrodisiac which propels one to override any knowledge or sense of what it means to “behave properly”.

Just observe the behavior of those who are considered part of the “glamour” set — movie stars, politicians, wealthy entrepreneurs, etc.:  the common thread is that, because one acquires and retains money and fame (and therefore power), one need not be constrained within the parameters of ethics.  Just as individuals may act in certain ways, so agencies and conglomerations of individuals will act in a macro-reflection of how singular persons will act.

Thus, when a Federal or Postal employee begins the process of preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, wisdom should guide the Federal and Postal employee to expect his or her agency to act in ways contrary to ethical behavior — if not outright violating any rules of ethics, at a minimum, to act in a harassing and mean-spirited manner.

Power brings out the worst in individuals, and in agencies; and when the “weakling” shows his or her vulnerabilities, the claws and fangs manifest themselves in the most ferocious of manners.  Ethics is for the protection of weaklings, and for manipulation by the powerful.  That is why it is often a necessity to seek the counsel and guidance of an attorney to countermand the actions of those who deem themselves to be powerful — by leveling the playing field.  Now, as to the power of the U.S. Office of Personnel Management… that is a different story altogether.

Sincerely,

Robert R. McGill, Esquire

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

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

OPM Disability Retirement: Language, Truth, and the Agency

Wittgenstein’s conceptual identification of society’s creation of various “language games” is indicative of a relativistic approach to truth and reality.  For, Wittgenstein rejected the classical tradition of the correspondence theory of truth, where language corresponds to events in the “objective” physical realm, and in the course of such correspondence, arrives at a notion of objective truth.  Instead, the world of language is an artificial creation within the consciousness of societies, and is tantamount to board games which we play.

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 often interesting and instructive to view the entire bureaucratic process as a kind of “language game” which one must master and engage in.  Indeed, encounters with how one’s own agency views the game, then how OPM views the game, can be quite shocking.

The fact that it is not a “game” per se, for the Federal or Postal employee who is depending upon the Federal Disability Retirement annuity for his or her livelihood for the short-term, does not undermine the fact that agencies and OPM act as if it is just another board game — say, for instance, chess, in the the manner in which various strategic moves and counter-moves are made to try and corner the Federal or Postal employee; or the classical game of go, in which territories are asserted and surrounded in order to “defeat” the opponent.

Language is meant to convey meaning and to communicate human value, worth, emotions and factual occurrences as reflected in the physical world; it is only us humans who create a universe of artifice in which we sequester ourselves in order to torment the weaker members of such participants.  But because language is the only game within the realm of human living, we must contend with the language games played by Federal agencies, and especially the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Preparing for the Process

Every endeavor or activity requires preparation — if merely a thought, but more than likely, the gathering of proper materials, a logistical and strategic plan of action, etc.  There is nothing more frustrating than to begin a project, only to find that one lacks the proper materials and tools, and must delay any further action because of such lack.

Similarly, 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 for the Federal or Postal employee to understand that “having a medical condition” is not enough to endeavor to begin the administrative process (some would instead insert the term, “nightmare” for the word “process”).

While the suffering of the chronic or debilitating medical condition may “feel” like it should be enough, filing for a bureaucratic benefit requires proof which meets a set standard of evidentiary documentation.  In other words, one must establish a “nexus”, or a connection, between the medical condition which one suffers from, and the job which one is positioned for, and moreover, one must always keep in mind that this is a “medical retirement“, and as such, it must be established that one is no longer able to perform one or more of the essential elements of one’s job from a medical standpoint.

It is indeed the preparatory phase of the journey into Federal Disability Retirement which will provide the foundation for ultimate success in the endeavor.

Just as you don’t want to build a house without first having the appropriate construction materials; so you don’t want to go down the path of Federal Disability Retirement without having the requisite medical and legal tools in hand.

Sincerely,

Robert R. McGill, Esquire