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    • Accommodation and Light Duty (40)
    • Advantages of Federal Disability Retirement (27)
    • Agency’s and/or Supervisor’s Actions (44)
    • Application, Appeals, and Other Medical Documentation Submitted To the OPM (44)
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    • Evaluation Of Your OPM Disability Claim – How Do I Know If I Have A Strong Case? (18)
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    • Important Cases, Legal Updates and/or the Current Process Waiting Time (49)
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FERS & CSRS Disability Retirement: Leaving things to pure chance

Posted on March 2, 2017 by OPM Disability Retirement Lawyer

We rarely do that.  Yes, we sometimes allow for a partiality of such circumstances to remain, knowing that it may or may not happen; but the conceptual distinction between “pure” and left otherwise is a gap likened between omniscience and imperfect knowledge, or the ability to observe brilliance in action while the rest of us scrounge about for some semblance of competence.

Then, of course, there is a wide chasm in the spectrum of what it means to leave things to chance, in contradistinction to “pure” chance.  The difference is often seen as tantamount to the extreme arbitrariness of lack of human involvement – where, somehow and miraculously, engagement by a person necessarily results in an enhancement of success – or none at all.  Yet, the concept of “chance” itself can involve some restrictive involvement of a person, but nevertheless still have the consequence of purity of arbitrariness.

Whether it is the natural arrogance of human beings that cannot abide by a comprehension of the universe that human activity may not necessarily enhance any greater level of perfected creativity, or the unfounded assumption that nature – left to its own devices – constitutes a haphazard abyss of chaotic malfunctioning that can only be “corrected” by the consciousness of human activity (which further presumes an equivalence of man as the Deus ex machina, a role reversal of utter egocentrism as to betray any semblance of self-knowledge) – perhaps we shall never understand.

For Federal employees and U.S. Postal workers contemplating preparing, formulating and filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, whether under FERS, CSRS of CSRS Offset, the important thing to remember is that each Federal or Postal employee must make a reasoned decision in placing one’s self on the spectrum of leaving things to pure chance, or chance, or enhanced human activity that results in something less than the consequences of a Deus ex machina, but somewhat more than the chaotic arbitrariness of Nature’s folly (isn’t that essentially the theological argument of intelligent design, or at least a teleological perspective of purpose and meaning?).

Preparing an effective Federal Disability Retirement application requires a methodological understanding extrapolated from the madness of bureaucracy that requires certain elements be proven beyond a preponderance of the evidence, and clearly, some understanding of the applicable laws governing Federal Disability Retirement Law will help to enhance the chances of success.

In the end, consulting with an attorney who specializes in preparing Federal Disability Retirement applications is arguably the best approach in not leaving things to pure chance – although, even an attorney who specializes in Federal Disability Retirement Law should not be looked upon as that Deus ex machina that saves the day on an otherwise chaotic stage of human folly.

Sincerely,

Robert R. McGill, Esquire

 

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  • More on CSRS & FERS Disability Retirement

    • eZineArticles.com Article: The 1 Year Statute of Limitations
    • Federal Disability Retirement Laws, Medical Conditions, and the Intersecting Complications with OWCP, Social Security and FERS & CSRS
    • Federal Disability Retirement: The Full Arsenal of Weapons
    • FedSmith.com Article: Revisiting "Accommodation"
    • FedSmith.com Article: Sometimes the Process is just as important as the Substance of an Argument
    • Latest PostalReporter.com Article: Causation in a Federal Disability Retirement Case
    • Understanding the Complexities of the Law
    • USPS Disability Blog: The National Reassessment Program, the Agency and the Worker
  • Other Resources for Federal and Postal Employees

    • Articles Published in the Postal Reporter
    • FAQs on OPM Disability Retirement
    • FERS Disability Attorney Profile at Lawyers.com
    • Main Website on Federal Disability Retirement
    • OPM Disability Blog
    • The Postal Service Disability Retirement Blog
  • Seven False Myths about OPM Disability Retirement

    1) I have to be totally disabled to get Postal or Federal disability retirement.
    False: You are eligible for disability retirement so long as you are unable to perform one or more of the essential elements of your job.  Thus, it is a much lower standard of disability. 

    2) My injury or illness has to be job-related.
    False: You can get disability even if your condition is not work related.  If your medical condition impacts your ability to perform any of the core elements of your job, you are eligible, regardless of how or where your condition occurred.

    3) I have to quit my federal job first to get disability.
    False: In most cases, you can apply while continuing to work at your present job, to the extent you are able.  

    4) I can't get disability if I suffer from a mental or nervous condition.
    False: If your condition affects your job performance, you can still qualify. Psychiatric conditions are treated no differently from physical conditions.

    5) Disability retirement is approved by DOL Workers Comp.
    False: It's the Office of Personnel Management (OPM) the federal agency that administers and approves disability for employees at the US Postal Service or other federal agencies.

    6) I can wait for OPM disability retirement for many years after separation.
    False: You only have one year from the date of separation from service - otherwise, you lose your right forever.

    7) If I get disability retirement, I won't be able to apply for Scheduled Award (SA).
    False: You can get a Scheduled Award under the rules of OWCP even after you get approved for OPM disability retirement.
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