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Lawyer Representation for OPM Disability Claims: The price paid

Posted on July 12, 2018 by Federal Disability Retirement Attorney

That is the question, isn’t it?  In this monetary-based system of thought, we always ask that one, and the follow-up:  What was the price paid, and was it worth it? Are the two questions and issues divisible, or are they inseparably linked like Siamese twins sharing a vital organ?

As to the first, the question can encompass an entanglement of intricate complexities that flow from the second — when, in fact, it is a simple question requiring merely a fundamental answer.  We ask first, What is the price paid?

We begin to hem and haw and hesitate:  Well, it was really beautiful and I’ve always wanted it and it was worth it because it brought back the warmth of childhood memories and….  Once such explanations and justifying delineations occur, you have conflated the second issue into the first; for, the first requires a simple and straightforward answer:  the dollar-amount; a monetarily-objective response; a unit from a designated numerical set, etc.  Thus: “I bought X”.  “How much did you pay for it?”  “It was priced at X-dollars, and I purchased it for Y-amount”.

Then, the inevitable follow-up:  “Was it worth it?”  It is this second question that evokes a conflation with the first; for, such a query is not so simple inasmuch as it involves psychology, emotion, rational and irrational underpinnings, and the subjective encompassment of often-unexplainable attachments.

The worth of a thing may not parallel the price of it; for, what what paid for it can spread throughout a spectrum of differentiating circumstances:  Perhaps one got a bargain; maybe the seller didn’t realize the true market value and vastly underpriced it; or, it may be that a person needed to do a “quick sale” because he needed the cash, and was willing to part with it at a basement-bargain price, etc.

Take the following hypothetical:  At an auction, a painting is bid upon.  It is a rather unassuming piece that depicts a woman, fully clothed, with a slight smile.  It is not an exceptional painting, and is expected to be auctioned off for about a thousand dollars.  The bidding begins, and very quickly, it becomes clear that primarily 2 individuals are vying for the painting — one, a very wealthy individual; the other, a middle-class bloke barely able to meet his monthly debts.  The bidding exceeds the expected price to be gained by the auctioneer, which makes him happy beyond description.

This is the cake that dreams are made of for the auction house that expects very little:  Two or more individuals who are willing to pay a price exceeding the monetary worth of the item.  After a series of back-and-forth bids, the middle-class bloke wins the bid — at $20,000.00.  When later asked about it, he replies: “The painting reminds me of my mother.”  Bankrupt and considered a fool by everyone in the neighborhood, he nevertheless feels for the rest of his life that it “was worth it”.

Now, turn the hypothetical around and let’s say that the wealthy man won the bidding.  When asked about it, he simply stated: “Oh, I was just bored.  I plan on trashing the painting when I get home, but it was exciting to just rob someone else of his desire and pleasure.”  In either case, was the price paid “worth” it?

That is the question that Federal and Postal workers have to answer when determining whether or not to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset — the price of one’s health; whether it is worth continuing in a job or career that persists upon a track to demoralize, deteriorate and destroy one’s health; or, whether a reduced income at the price of being able to focus upon one’s health may be “worth” it.

Preparing, formulating and filing for Federal Disability Retirement benefits through OPM itself has a price — of the long wait, the complex administrative process and the stress of waiting; but like the painting being bid upon at the auction house, it is always the balancing of the price paid and the worth of the gain that must be considered when preparing, formulating and filing for OPM Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

 

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    • 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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