OPM Disability Retirement: Continuation of Work

There is often the question of whether, during the process of submitting a Federal Disability Retirement application with the U.S. Office of Personnel Management, can/should one continue to work, and will such a status reflect negatively or adversely upon one’s Federal Disability Retirement application?

The question is a logical one, stemming from the seemingly self-contradictory nature of the dual assertion — one which is explicit (the Federal Disability Retirement application itself, where the Federal or Postal employee asserts that he or she can no longer perform one or more of the essential elements of one’s job), and the other which is implied (by continuing to work, does not one undermine the previous assertion?).

What complicates, confuses and muddles the issue further is the fact that, for FERS employees, the Federal Disability Retirement applicant must also file for Social Security Disability benefits (SSDI), and in order to do so, the requirement of being in a non-working status in order to qualify, only further confounds the issue.

But careful analysis will reveal that such apparent contradictions are merely superficial ones.  Hint:  Federal Disability Retirement merely requires a legal standard whereby one cannot perform all of the essential elements of one’s job; continuation in one’s employment capacity does not necessarily mean that one can perform all of the essential elements of one’s positional duties; rather, it means merely that there are certain elements which cannot be performed.

Further, with respect to the intersecting issue of SSDI, there is a distinction to be made between qualifying and filing.  Life’s contradictions are often merely surface-intersections between technical word-games.  Once the verbiage confusion is resolved, the conflict itself dissolves.

It is sort of like the difference between reading about a man falling off of a cliff, and actually being a tourist at the Grand Canyon and being the subject of a news story the next day.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: The Logical Beginning Point

The consequences of information overload is that many people no longer have the cognitive capacity to make proper decisions concerning logical beginning points.  Studies have been made, with varying results, but with some indicating that the constant barrage of technological over-exposure results in stunting of that part of the brain which is generally used for making affirmative decisions.

While multi-colored MRI scans make for interesting visual commentary, from a scientific viewpoint, all that can properly be stated is some loose correspondence between certain areas of the brain and a level of activity or inactivity which can be correlated.  Regardless, it would seem logical to assume that too much of anything can negatively impact the capacity of the individual to competently engage in other activities.  Application of energy in one sector will necessarily take away the requisite capacity of engagement in another.

For the Federal or Postal employee who is suffering from a medical condition, and who is also subject to the identical volume of information overload, one may posit that life-changing decisions to be made would be exponentially exacerbated with difficulties of the fundamental nature:  “Where do I begin?”

The beginning points in preparing, formulating and filing a Federal Disability Retirement application with the U.S. Office of Personnel Management are important first steps; what consequential impact such beginning points may have upon the ultimate outcome of a case will determine the future destiny of the Federal or Postal employee.

With such important issues on the line, it may well be prudent to consult with someone “in the know“, and not let the arbitrary winds of change dictate the future course and destiny of one’s life.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: The Proper Endpoint

Matching the proper pairs of life’s “things” likely begins at an early age; it is a tool and ability which is perhaps developed, as opposed to an innate characteristic naturally existent like breathing or sleeping.  Have you ever come across someone who wears two different-colored socks?  And when the issue is inquired about, the response is:  “What’s wrong with that?  They match perfectly!”

Logic, sequential production, and causal connections do not necessarily arise from an innate sense of life; and that is precisely why Hume’s argument concerning the lack of a “necessary connection” between cause and effect, despite repeated observation of the same or similar circumstances, fails to give rise to an absolute confirmation of causality.

For the Federal or Postal Worker who is contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, however, it is necessary to understanding the strategic and logistical causal connections in preparing, formulating and filing for such benefits.  Thus, questions such as:  What is the endpoint? — is a necessary and important one.  By such a question, one will be forced to encounter the obvious and the not-so-obvious: Success and approval is the obvious; how to get there; what are the necessary elements to prove, etc. — are some of the basic “not-so-obvious” issues.

Even the logistical ones concerning endpoints:  Who to send the packet to, when, and within what timeframe?  Endpoints require answers involving preceding beginning points.  The ultimate answer prompts the intermediate questions.  While public display of different-colored socks may be somewhat inconsequential, properly preparing, formulating and filing a OPM Disability Retirement application may require greater tools than the ability to make color differentiations.

Sincerely,

Robert R. McGill, Esquire

Federal Gov. and USPS Disability Retirement: Excessive Reliance

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 never a good idea to proceed with excessive reliance (or any at all, for that matter) upon expected or presumed actions on the part of one’s Agency.

The preponderance of the evidence in proving an OPM Disability Retirement application is always upon the Federal or Postal worker, and one should affirmatively and pro-actively proceed without regard to what the Agency will do, says it will do, or might do during the process.

Yes, the Agency has its portion to complete; yes, the U.S. Office of Personnel Management does review the entirety of the OPM Federal Disability Retirement packet, including the standard forms which the agency must complete, along with other personnel information that is forwarded to OPM.

But the crux and essence of a Federal Disability Retirement applications always remains the medical information gathered and submitted, along with the Applicant’s Statement of Disability, in conjunction with the asserted nexus constructed between one’s medical condition and the positional duties of one’s job.

Any other approach is merely to run a fool’s errand for a fiefdom from which one is attempting to flee.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Ignorance and Coping

Within the complex world of information technology, modernity has reached a level of overload which few from past generations could have ever imagined. One needs only to peruse a Tom Swift novel to compare how far we have come; and even the old greats like Asimov and Bradbury could not have foreseen, in the height of their intellectual and creative powers, much of the technological gadgetry of the present age.

Then, of course, there is the “human side” of the equation of modern technology — of how individuals cope with such information overload.  Many have theorized that the exponential explosion of Major Depression, anxiety and panic attacks, and the societal impact of increased psychiatric disorders, stems from a response in terms of coping mechanisms; and we counter the response with advanced pharmaceutical admixtures.  The more common means employed to cope with the deluge of constant informational dissemination, is to limit the exposure to the volume of encounters.

Thus, the age-old adage of ignorance being a “blissful state” retains some semblance of truth.  But for those facing issues of legal limitations and filing deadlines, it is best to “be in the know”.

For Federal and Postal Workers intending upon filing for FERS Disability Retirement benefits from the U.S. Office of Personnel Management, the 1-year Statute of Limitations for filing applies from the time of separation from Federal Service.  Being on OWCP does not forestall or extend the 1-year rule. As such, once an SF 50 or a PS Form 50 is issued or, for Postal Workers, when those 0-balance pay stubs stop coming in the mail, it is well to be aware that the clock has begun to tick.

Ignorance can indeed be blissful, and being the gatekeeper of information overload may be a means of coping; but in the end, the inquisitiveness of Tom Swift must always prevail.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: The Respite

Then there is the story of the office worker who was called in to discuss certain matters with the boss, and during the course of the conversation, boasted proudly that he had not taken a vacation in five years, thereby intimating his commitment and dedication to the company.

The boss became silent, shook his head gravely, and promptly fired the man on the spot.  In shock and dismay, the young office worker asked in exasperation why the boss would do such a thing, and the older man replied:  “Two reasons.  First, you need a vacation.  Now you have one.  Second, the company cannot afford to keep someone who fails to understand the needs of a human being.”  And so the irony of the young office worker reveals the self-contradiction of so many circumstances.

For the Federal and Postal Worker who suffers from a medical condition, the one truism which stands out is that those who are beset with a progressively deteriorating medical condition, can never take a “vacation” from the condition itself.  Thus, for those who are healthy, we often take for granted our state of existence.

Federal Disability Retirement from the U.S. Office of Personnel Management, whether under FERS or CSRS, allows for the Federal or Postal Worker to have a period of respite, away from those very work activities which continue to exacerbate and compound the problem of the medical condition itself.

It may be that, in the end, there is little or no choice in the matter.

For, either the work will continue to suffer and the Federal agency or Postal Service will terminate the Federal or Postal worker, or the medical condition itself will dictate the terms of work cessation.  In either event, thought should be given to the future, and to a time of recuperative distancing from an activity which cannot continue forever.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: August, Vacations, & OPM

August is traditionally a time of vacations; a period of respite, before the onset of school and the busy schedules of parents.  Government offices slow down, and with the coinciding impact of furloughs mandated through automatic imposition, delays in work and accomplishment of cases become incrementally evident, like reverberations from the slow moan of an earthquake.

The lazy slapping waves mixed with the taste of sea salt may lull the vacationer into an isolated sense of calm and quietude; but for the Federal or Postal worker suffering from a medical condition, who is contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, or who is in the midst of the process of formulating one’s case, or for those who have already filed and are merely anxiously awaiting a decision — that time of temporary rejuvenation is a needed escape, despite never being able to fully separate oneself from the medical condition which impacts one’s life.

That is the strange phenomena of a medical condition — unless it has been a lifelong condition, it is a part of one’s existence and being which only constitutes a minor percentage of the entirety of one’s lifetime; yet, it often consumes the greater portion of one’s thoughts, actions and ruminations, and undermines that time of leisure known popularly as a “vacation“.

Medical conditions are a reality to be dealt with; vacations are optional times of leisure; and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, is a choice which allows for a combination of the two:  a time of respite in order to become rehabilitated, and to recuperate in order to deal with the reality of a medical condition.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Question and Answer

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

Disability Retirement for Federal Government Employees: The Door Left Ajar

The image of the door left ajar is one likened to the metaphor of the tree which falls in a forest without a human around to observe the phenomena; the question of whether the event created a sound is a conundrum, and a double-one at that, for the moment we ponder it, we insert a human perspective into the equation, and any attempt to delete our presence only compounds the puzzlement.

A door left ajar implies that someone or some animal partially opened it, or perhaps in reverse; but in either event, the image of a door neither fully shut nor widely open, leaves an impression of some presence.  Moreover, it is that partial opening which represents lack of complete satisfaction, of something left undone, which stirs the emotions of one’s imagination.

For the Federal employee who is reaching certain milestones of Federal or Postal Service, the “light at the end of the tunnel” is often seen within one’s grasp, as a door left slightly ajar, and inviting one to take hold of the doorknob, open it wide, and exit into the sunset of life.  When the door left ajar is within view and reach, the expectation of exiting becomes a magnified potentiality about to be embraced.

But often, with only a couple of years left, unexpected events can occur.  A medical condition can impact one’s ability to reach that magical age of retirement, or be cut short before accruing the years of service needed.  The door left ajar is suddenly beyond reach, and the winds of life seemingly slams shut the once-inviting entranceway.

Federal Disability Retirement, no matter how close one is to regular retirement, may be the option of choice. Whether under FERS or CSRS, Disability Retirement through the Office of Personnel Management is an option left open for all Federal and Postal employees.

The image of the door left ajar is merely a metaphor of life; how one responds to the reality of each particular situation will determine the consequences of one’s future.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Detracting Deviations

Multi-tasking is a glorified term for describing an ability to competently engage and perform more than one task at a time.  It was once encapsulated in the query:  “Can he walk and chew gum at the same time”?

In the modern age of technology, it has become accepted as a given that such variations of task-tackling is a necessity and conveys evidence of competence.  For, in a world beset with smart phones, computers, laptops, iPads, etc., where the implosion and delivery of information at an instant’s request and access through the push of a button is commonplace, the capacity to respond quickly and sufficiently are considered marks of competent survivability in today’s world.  But there is a growing body of medical evidence that undisciplined response to texting and other forms of technological communication stunts that part of the brain activity which is essential for judgment, focus, attention-span, etc.  The ability to stay focused and not deviate from a singular course of action is also an important tool — even in this day of multi-tasking necessity.

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 a necessary component in compiling a successful disability retirement application, to convey an effective case of proving, by a preponderance of the evidence, that nexus between one’s medical condition and the inability to perform one or more of the essential elements of one’s job.

Undisciplined deviation may accomplish a thousand tasks, but if the primary pipeline bursts because a main line was overlooked, such deviation from the primary purpose will have been for nothing.

Sincerely,

Robert R. McGill, Esquire