OPM Disability: Demythologization of the Process

Beyond being an ugly word, Spinoza attempted it, but closer to the heart of a flawed hermeneutical approach, the theologian, Rudolf Bultmann spent his career attempting to separate the conceptually inseparable narratives encapsulating historical content, context and the meaning behind miracles and metaphor.

All processes are mysterious, until detachedly analyzed, devalued or debunked.  Some merely throw up their hands and reject a subject in its entirety; others spend a lifetime in trying to understand it, and thus do cottage industries emerge.  The peril of pursuing a discipline of futility is that, in the end, the process of one’s own actions may be just as inexorably a conundrum as that which one attempts to unravel; read a single, random paragraph from Heidegger, and one immediately understands such a declaration of frustration.

Often, for Federal employees and U.S. Postal workers, the prefatory statements of confusion abound:  ” I’ve heard that…”; “OPM always …”; “Is it even worth it to…”  But there is indeed a practical difference between the bureaucracy itself, and the bureaucratic process; the former is merely a juggernaut of an agency which is impenetrable because of the nature of the Federal system; the latter is an administrative process replete with multiple layers of statutory and regulatory devices which are complex in their compendium of requirements.

Filing for Federal Disability Retirement benefits by the lay person, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is a complex, puzzling and often overwhelming process.  It can be likened to handing a complex transactional law case involving multiple Fortune 500 companies attempting to merge for purposes of avoiding specific legal entanglements to a first-year associate; mistakes are bound to be made, as one fails to recognize the inherent complexities or the need to draft preventative safeguards.

Further, when a medical condition already weakens the physical stamina of the Federal or Postal employee, and tests the limits of one’s cognitive acuity, the ability and capacity to engage a large and complex bureaucracy can be, at best, a challenge.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is analogous to the hermeneutical approach of attempt to demythologize a sacrosanct text of unyielding historical import; the difference from theology, however, is in the pragmatic need and practical residual consequences foretelling; and as they say in the fine-print warning of some advertisements, you should probably not try this on your own.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement Application and Process: The Foreign Menu

Certain processes and endeavors in life are tantamount to a foreign menu; one knows that, within the undecipherable and incomprehensible letters and symbols presented before one, amidst the evocative smells and provocative sounds emanating from the kitchen in the back, and behind the sounds and voices formed and learned in another land in distant places beyond the horizon of one’s familiarity, there is a dish of choice which one would, if one could identify it, choose for the occasion before us.  But the menu is in another language; the words and symbols are undecipherable; and the waiters, waitresses, cooks and managers speak not a word of one’s own; and all attempts at describing the wants and desires of the moment have failed, because food is an appetite of desire, and not one which finds its core in the rational basis of words and conceptual constructs.

Can such a scenario occur?  Can one find oneself in a restaurant unable to relate or communicate?

For Federal employees and U.S. Postal workers who find themselves unable to perform one or more of the essential elements of one’s positional duties, and who must therefore engage the process of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the similarity to the scenario described, and the familiarity of the circumstances conveyed, can be frighteningly reflective of the reality experienced.

Perhaps it should not be such a complicated process.  Considering the circumstances — of an injured or medically debilitated Federal or Postal worker who must concurrently contend with both the complexity of the bureaucratic process as well as the confounding and discomforting issues of the medical conditions themselves — one would think that the gathering of evidentiary sufficiency, the legal pitfalls to be maneuvered, the standard forms to be completed, etc., would all be simplified to fit the onerous circumstances requiring submission of a Federal Disability Retirement application.  But the fact is that Federal Disability Retirement is a complicated and complex administrative process with no “short cuts” to fruition.

It is a bureaucratic procedure which much be endured — much like the untenable situation of the man who walks into a restaurant thinking only of the satisfying meal to be ordered, only to find that the menu set upon the table is in a foreign language, undecipherable and incomprehensible, except to the proprietors and those who prepare the dishes of choice, in a clattering kitchen far in the background where echoes abound but confusion compounds.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement for Employees from the Postal Service and Other Federal Agencies: Things That Go Bump in the Night

The nightmare of filing for FERS Disability Retirement in times of financial, emotional, and medical needs

Whether or not childhood fear and traumas have a long-term impact in determinable ways upon reactive capacities later in life; to what extent regularity of behaviors, consistency of habitual living, and early imprinting mechanisms influence subconscious firings of synapses, remains within the mysterious realm of esoteric knowledge investigated and analyzed by the coalescence of science, philosophy and psychology; but it is the lay person who must, during the process of unfolding discovery and wisdom, live the consequences of actions impacted by others.

Sometimes, however, it is not what others do, but rather, circumstances which manifest of untold trauma and misery, for which no explanation but a shrug of one’s shoulders can presume.  Medical conditions fall into that category.  How one reacts to it; the extent of the impact upon one’s life, livelihood and future; and the preparations one must undertake in order to secure the betterment for one’s life when once you get beyond the condition itself, if ever; these are all concerns and pathways of responsibilities which fall upon a person who suddenly finds him or herself with a medical condition of significant magnitude.

Whether physical in nature — where orthopedic pain, limitation of flexion and movement; chronic pain, profound fatigue, or neurological issues resulting from disc desiccation, internal derangement of joints, etc.; or of psychiatric issues encompassing the many complex diagnoses, including Bipolar Disorder, pain and anxiety issues, Major Depression, depressive disorders; it matters not in the end, for either and both impact those decisions which one must make in determining the pathway of one’s future.

For Federal employees and U.S. Postal workers who find that a medical condition impacts one or more of the essential elements of one’s job, consideration must always be given to filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset.

For Federal Disability Retirement, preconditions and pre-existing conditions matter not; it is not like an OWCP claim where the focus of query may attempt to undermine a claim based upon the origin of the condition; and so the “how” and the “why” are not relevant issues, as in “how did it happen” or “why did it occur”?  The relevant inquiry does not encompass the “time before”; it does not delve into the deep reaches of one’s damaged psyche, or of preexistent traumas in the far recesses of damaged lives.

Whether or not things go bump in the night when once we become adults matters less, than the experiential trauma of having to deal with present issues that impact one immediately.  Taking care of life’s interruptions is a necessary component of living, and for Federal and Postal workers whose future avenue of livelihood is impacted by a medical condition, preparing, formulating and filing for Federal OPM Disability Retirement is of paramount importance.

Bumps always tend to occur in the night; it is what the “thing” is that we must identify and resolve, and what bodes for the uncertain future into which we must venture.

Sincerely,

Robert R. McGill, Esquire