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OPM Disability Retirement Attorney: Uncharacteristic Behavior

It is the clash between an expectation and the actualization of an encounter, which determines one’s perspective of self-fulfillment of a belief, or a resulting dismay from failure of verifying the basis of a paradigm.  Characteristic behavior is thus that type of human encounter which meets with, or exceeds, one’s predetermined paradigm of what one has already believed to be so; to act out of that previously considered belief system, by definition makes it fall outside of the realm of such expectation.

For the Federal employee and the U.S. Postal worker, the bureaucratic complexity of the entire administrative process of preparing, formulating and 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, is normally not a surprise, and meets with or even exceeds, the expectation of an already-formed paradigm of what constitutes the “characteristic behavior” of the system as a whole.

It is the anomaly of the century when efficiency, helpfulness and pleasantries prevail throughout the process of filing for Federal Disability Retirement benefits, where one hears with surprise and shock that it was “uncharacteristic”.  Sadly, that tells us something.  While somewhat unfortunate, we must always remember that the road of every bureaucratic process is paved with personalities of every type.  We tend to lump the entirety of an administrative process into a single cup and cauldron of judgment, but the reality is that there are multiple categories, just as there are different types of people throughout the universe, distinctly compartmentalized into:  helpful; friendly; efficient; nasty; backstabber; fair; unfair; loyal; unpredictable; just to name a few.

The process of filing a Federal Disability Retirement application through OPM can be a stressful one, if only because it is based upon an obvious stressor to begin with:  a medical condition which impacts one’s ability to perform one’s Federal or Postal job.  But it is not the bureaucratic process itself which adds or detracts from the inherent complexities of the process, but the behavior — characteristic or not — of those who must help along the way or hinder the necessary transition of the Federal or Postal employee, from one of active Federal or Postal employee to that of disability annuitant.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Crumbling Walls of Professional Conduct

The aged bemoan of modernity; youth view the present as merely fodder for change and future potential; and caught in between, somewhere in the netherworld of inertia, those inconsequential individuals relegated to the irrelevant category of “middle age”, who must stand by and witness the slow and progressive destruction of the past, the deterioration of cohesiveness of the future, and the present infirmity of impotence.

Medical conditions are funny animals; because they are personal in nature, the revelation of such private matters tends to scare people, because the emergence of such confidential conveyance violates the unspoken walls of professional distance; but for Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact the performance of one or more of the essential elements of one’s positional duties in the Federal sector or the U.S. Postal Service, it is often necessary to provide some component of one’s medical condition in order to ascertain and establish the extent of needed accommodations — for purposes of filing for FMLA, to take needed SL or LWOP, or to counter allegations of misconduct or violation of “leave policy”, etc.

Within the greater context of life, there is a sense there the walls of professional conduct which once protected privacy concerns and acceptable behaviors, are crumbling in modernity.  Anything and everything goes; there is no normative constraint, anymore, because the demarcation between private and professional have disappeared.

The same is true when applied to the administrative process of filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

The entire bureaucratic process engenders privacy concerns because of the sensitive nature of the information which must be submitted.  But those are merely “side issues” which should be placed in their proper perspective; for, in the end, when the final wave of goodbye is motioned, and one has obtained an approval from OPM in order to exit with a Federal Disability Retirement annuity, the crumbling walls of professional conduct as revealed by one’s agency or the U.S. Postal Service will be but a far echo of past misdeeds, as one walks out into the future of a brighter tomorrow.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Walking Anomaly

The identity of a person is represented by a composite of memories held, present activities engaged, and future endeavors planned, thus bringing into a complex presence the times of past, present and anticipated future.  It is because of this walking anomaly — of not just an entity living in the present, but of someone who possesses the retentive capacity of memories past, and plans made and being generated for future actions — that the complexity of the human condition can never be fully grasped.

For the individual, therefore, who begins to suffer from a medical condition, such that the medical condition or disability interferes with the delicate balance of the tripartite composite, the fear of destruction of present circumstances, and diminished ability for future progress, is what complicates matters, in addition to the capacity to remember how things were, which only exacerbates one’s anxiety and angst, in addition to the medical condition itself. It is like being caught eternally in the middle of a three-day weekend: one is saddened by the day already passed; one anticipates an additional day, but the knowledge of the diminishing present makes for realization that the future is merely a bending willow in the winds of change, inevitably able to be swept aside.

For the Federal employee or the Postal worker who suffers from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, it is that recognition of past performances and accolades, of accomplishments and successes, combined with present potentialities yet unfulfilled, which makes for a tragedy of intersecting circumstances.  Filing for Federal Disability benefits through the U.S. Office of Personnel Management, whether the Federal employee or the Postal worker is under FERS or CSRS, should not, however, diminish the hope for the future.

Federal Disability Retirement benefits allows for the impacted Federal or Postal worker to receive an annuity, and continue to remain productive and plan for the future. It is the solution for many Federal employees and Postal workers who are too young to retire, and have invested too much to simply “walk away” with nothing to show for the time of Federal service already measured.

In the end, Federal Disability Retirement may not be the best option, but the only viable option available, and for the walking anomaly known as man, OPM Disability benefits may be the methodology to complete that unfulfilled potentiality yet to be achieved.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Gaps & Chasms

For those following the blogs of the undersigned attorney, some may have noticed a slight gap between the last time one was posted, and the present one; one may attribute the gap of time to one of the proverbial “technical difficulties” which are beyond one’s control, leaving aside the issue of sanity.

The problem with a “gap” in time is that it has the insidious nature of eventually turning into a chasm; for, again, the slow, incremental nature of time allows us to overlook the slow progression, until you look at it from a distance.  One day turns into a week; a week, into a month; and so the incremental progression of a slight gap widens into a chasm of separability.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the difference between a “gap” and a “chasm” is often what the OPM Case Worker will often review and focus upon.  There is always an optimal time-sequence for every event.  Gaps between medical appointments; between the last diagnostic test; more subtle gaps of an inverse order — of how long one has been able to perform all of the essential elements of one’s job despite a particular sort of injury or medical condition.

Gaps tend to become chasms when one is too busy “living life” and trying to attend to all of the responsibilities of a single day.  In preparing, formulating and filing for Federal Disability Retirement, however, it is best to prioritize the issues confronting one’s life, and to attend to the issue of one’s medical condition as aggressively as possible.  For, in the end, the issue of one’s health tends to impact all other aspects of life, and the one gap which should not become a chasm, concerns the health of the individual.

Sincerely,

Robert R. McGill, Esquire