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 Worker Disability Retirement: Interruption or Interlude

Life is full of interruptions which push the pause button upon our grand designs for linear progression; how we view such events, whether as something bothersome, or as a respite and opportunity, a platform for the next stage of life, will determine the extent of character-building foundations needed to forge forward.  Taking care of aging parents is now considered a bother, and not a privilege; mentoring a young person just beginning in a chosen career is seen as a predatory challenge, as opposed to a chance to mold for the future; and revealing a fissure in the otherwise impenetrable public face of constancy is a chance to take advantage of the weakness of the opponent.

How one views a particular event; whether it is seen in the best light possible and anticipated for lessons to be learned; or instead, as a crisis point of quashing all hope for the future, never to be spoken about because of the devastation wrought, reflects both upon the present state of one’s character, as well as the potential for the future. Things are merely bothersome to us, now. Perhaps it is the result of a leisure society, where things once earned are now expected as givens; or, of greater probability, that the antiseptic isolation of our society engenders a certain aura of incomprehensible turmoil.

For Federal and Postal Workers who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, Federal Disability Retirement should be considered as a viable option. Filed through the U.S. Office of Personnel Management (and available to all eligible Federal and Postal employees who meet the minimum criteria of years of Federal service), it should be considered precisely for two (or more) reasons. First, it allows for a foundational annuity in order for one to move forward with one’s life. Second, it allows for the Federal and Postal employee to embark on a second vocation, and make up to 80% of what one’s former Federal or Postal job currently pays, on top of the base annuity.

As such, there is a built-in mechanism which recognizes that the event of a medical condition is not merely an interruption, but an interlude for the second and subsequent stages of a person’s life.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: An Altered Life of Habituation

Loss of stature and status can come in many forms; we think too often in terms of financial status, of material belongings, where we live, with whom we associate, and the subtle evaluation of social consciousness in relation to our neighbors, friends and family.  But as work constitutes a majority of the time we expend, we often fail to understand the profound impact that we subconsciously place upon the status and standing we perceive within the employment arena.  This is closely related to the conceptual viability of bifurcating our “time at work” and “closing the door behind us” when we exit our place of employment, get into the car, and begin the commute home.

More and more, of course, the traditional dichotomy between work and personal life has been destroyed with the intrusive nature of email, smart phones, laptops and the constant need to keep in communication via electronic media.  The sanctity of the home life is deteriorating; weekends are merely interludes of a slower pace of work; and Sundays are rarely categorized as days of unreachable separateness.

With all traditional social and employment walls disintegrated, it becomes all the more profoundly insidious when one’s employment is severely impacted by a medical condition.

For Federal and Postal employees who must consider filing for Federal Disability Retirement benefits through the U.S. office of Personnel Management, whether under FERS or CSRS, the change from the status of “Federal employee” or “Postal Worker” to one of “Disability annuitant” can have a devastating psychological impact. For, in the end, it is not merely a change of status and stature; it is a profound alteration of a way of life, arrived at through habituation without thought, mindlessly embracing the insidiousness of technological intrusions which we never asked for and rarely sought.

The negative view for the Federal and Postal Worker is to myopically observe this profound change in sadness; the positive outlook is to have a fresh perspective, and to actually take the opportunity to use the time for rehabilitation of one’s health, perhaps just to be able to — for a brief moment in the history of one’s life — stop and smell the proverbial flower on the way out of the office door.

Sincerely,

Robert R. McGill, Esquire

Early Medical Retirement for Disabled Federal Workers: The Reset Button

We often hear in geopolitical circles about international relations taking a fresh turn because of a metaphorical and figurative ”reset” button which has been pushed.

Whether any substantive changes have taken place; regardless of an alteration in the behavior of one or both parties; the important event which seems to predominate in such declarations of a new partnership or alliance, is that the words which are spoken are now rearranged, and the harsh language of previous decades, or perhaps not even a fortnight ago, reflects a forgiven past with happy days ahead.

Often, however, the lack of substantive change manifests itself quite quickly, as words have the extent of impact only within the context of that momentary declaration of purpose.  Beyond the statement itself, unless the alteration itself is imposed upon the substantive behavior of the individual, group, entity or country, the reality of an unchanged heart slowly reveals its true nature as circumstances test the essence of who or what a person or country truly represents.

The real problem with the concept of a “reset” button is that it only works if both parties to an accord push the metaphorical object.  Eagerness by one side to declare the change of relationship is often the rule, while the “other” party who is the one who really needs the resetting of behavior stands by in silent indifference with a wry smile.  Ultimately, it is the need for change which underlies the entire resetting of a relationship.

For Federal and Postal employees who have come to a point in their career where a medical condition continues to impact the ability to perform the essential elements of their job and positional duties, the proposal and imposition of adverse actions, such as a Performance Improvement Plan (commonly known as a “PIP”); suspensions; letters of reprimands; Leave Usage Restrictions; or Proposed Removals — all are actions by the agency which reveal that a resetting of the relationship between the agency and the individual is sorely in need.

The ultimate tool for that resetting of the relationship, is for the Federal and Postal employee to file for Federal Disability Retirement benefits with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS.  While taking such a step may not alter the behavior of the agency, it at least changes the relationship by letting the agency know that the underlying medical condition is the primary cause for the deterioration of the employer/employee relationship, and further, that the severing of ties will be the ultimate outcome.

Moreover, in the case of an OPM Disability Retirement, the pushing of the reset button is never to change the relationship for the benefit of the agency, but merely to change the relationship itself in order for the Federal or Postal employee to attend to the substantive importance of one’s health and wellbeing.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Avoiding the Streets of London Past

Filing for Federal Disability Retirement benefits is a serious matter. There are often whispering lamentations about individuals “gaming” a system, or somehow taking deliberate “advantage” of a compensatory program in place, targeted for specific needs.  Of course, there will always be those few individuals who are caught manipulating an inherent weakness in an administrative process; but the fact that there may be a minority of negatives does not betray the compendium of positives within any given system.

OPM Disability Retirement, in the end, is one of the most thoughtfully enacted systems within the greater universe of Federal programs.

First, it is narrowly targeted with great specificity — to Federal and Postal Workers who suffer from a medical condition such that the medical condition prevents them from performing one or more of the “essential” elements of their positional duties.

Second, it requires a minimum eligibility requirement, both in substantive terms as well as procedural:  the FERS Federal employee must have a minimum of 18 months of Federal Service; the CSRS Federal employee must have a minimum of 5 years of Federal Service; and the condition must last for at least 12 months (this latter requirement does not mean that the Federal or Postal employee must be unable to work at all for 12 months, but merely that the treating doctor must be able to state, within reasonable medical probability, that the medical condition will last for a minimum of 12 months).

And, third, it does not penalize the Federal or Postal Worker from remaining productive in a second, alternative vocation.  The Federal and Postal Worker who receives a Federal Disability Retirement annuity is allowed to go into the private sector and make up to 80% of what one’s former Federal or Postal position currently pays, in addition to the receipt of the annuity.  Thus, in essence, it is a “self-paying” system in that it allows for the annuitant to pay “back into” the system, thereby maintaining the viability of the entire Federal Disability Annuity program for future applicants and annuitants.

It is rare among Federal Programs because of its thoughtful approach and well-planned process, as well as being successful in its outcome and current workings.

For critics who attempt to savage all such compensatory programs in an indiscriminate manner by pointing to weaknesses in the system, the following should be noted: the American Society long ago wisely decided to avoid the London streets of Dickens’ universe, where human debris of homelessness and poverty prevailed on the streets of a city now gone, and instead attempted to create a more caring and empathetic civilization.

Until and critic suffers from the devastation of a medical condition, you never quite know what it is like to be in the shoes of that Federal or Postal employee who daily toils to try and work, but cannot because of the progressively deteriorating disability which has devastated life, hope, and dreams of a better tomorrow.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: The Universe of the Possible (Part II of II)

When avenues are closed off, the human psyche tends to shut down; and when grounds manifest fertile regeneration and bountiful splendor, the endless state of the possible opens like the gaping eyes of a child in excitable wonderment.  That is why internet companies attempt to artificially recreate atmospheres of creativity and prior glory days of unbounded imaginations.  But whether simulating a couch plopped in one’s basement or garage, and making it appear as if the environment is similar to those past dawns of tinkering with one’s imagination in the unheated, primitive conditions of one’s youth, is questionable.

For the Federal and Postal employee who is faced initially with a medical condition, such that the medical condition impacts one’s ability to continue in the vocation and career choice of one’s following, the limitations which the present condition places upon one’s future often seems daunting.

But there are options available.

Federal Disability Retirement allows for those options to open up; for, once the Federal or Postal employee obtains an approval for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, that (now former) Federal or Postal employee may go out into the private sector and earn up to 80% of what one’s former position currently pays, on top of the Federal Disability annuity. Many start their own businesses; others perform consultative work or work part time, thereby controlling the stresses and the extent of activity able to be tolerated within the restrictions of one’s medical conditions.

The avenue of the possible can only reopen once you recognize the reality of the probable; and in order to tap into the fertile imaginations of a brighter future, the roadblocks once observed must be moved in order to travel down the path of viable alternative routes.

Sincerely,

Robert R. McGill, Esquire

Federal Gov. and USPS Disability Retirement: Adversity and Change

Somehow, the collective and proverbial “we” came to expect that life was easy; that comfort, good health and career advancement was part of the human deal; and that adversity was a circumstance which only people in other nations faced, and from which we would help to show the way out.

But adversity and change have always been an essential element of life; the moment expectations pushed the ‘delete’ button and erased those concepts from commonplace consent, we lost the will to hungrily pursue our dreams through achievement, hard work and purposeful drive.  At the same time, a nation which harbors a self-image of greatness will necessarily create an intelligent paradigm which fosters the collective will of those who are less fortunate, to achieve goals and maintain dreams in the midst of adversity.

That is precisely what Federal Disability Retirement benefits, whether under FERS or CSRS, contemplates, for the Federal and Postal employee.  For, under the generous administrative annuity provided, Federal and Postal workers who cannot be fully productive, and who face adversity in all aspects of one’s life — of career stoppage, finances, and workplace animosity — can become eligible for a system of compensation into which one may continue to contribute by seeking a different, second vocation in the private sector.  Or, for those who are too disabled to work, it is tied into the Social Security system, such that SSDI is combined with FERS disability retirement benefits.

It is a progressive paradigm which allows for the collective “we” to pursue the common goals which we have all maintained — of productivity and purposefulness, wedded to compassion and caring.  That, in the end, is how the “I” become a “we” in a society which values civil intercourse.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Doctors and the Peculiarities of Treatment

Efficacy of treatment is the goal for a doctor; and upon information that such efficacy has failed to render improvement or incremental signs of progress, many doctors lose interest, or become suspicious.

Social Security Disability, of course, requires a higher standard of proof — one of essentially “total disability”, where one is no longer able to engage in “substantially gainful activity” — and, as such, is an implicit admission of medical failure.

FERS & CSRS Disability Retirement, however, is merely an acknowledgement that there are certain medical conditions which, limited in their scope and impact, prevent a person from performing one or more of the essential elements of a particular kind of job.  Such a person who goes out on Federal Disability Retirement benefits can still remain productive in the work-world, by pursuing another, different kind of vocation.

As such, from a medical point of view, conveying the distinction between the two is like the difference between identifying a hill as opposed to a mountain:  both may have some elevation, but the extent and scope between the two goes well beyond a linguistic peculiarity.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: The Dependent Society — Not

Most people suffer in silence; if not merely because there is a recognition of limited choices, then for a realization that financial and economic independence is a position to be cherished.  Federal and Postal workers are dedicated to their jobs and careers.  With cries of budgetary cutbacks and reduced allowances for overtime, agencies require Federal and Postal workers to put in longer hours, with little financial or other incentives for rewarding longer hours.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, there is sometimes the question of how the Federal or Postal Worker could continue to have a “successful” (or higher) performance rating, yet claim to be unable to perform one or more of the essential elements of one’s job.  That is actually an easy issue to explain and debunk:  The short answer is that Federal and Postal workers are dedicated to their jobs and careers and suffer silently, and would continue to do so until they drop dead.  But for the benefit of Federal Disability Retirement, the self-destructive dedication of Federal and Postal Workers would result in total incapacitation and debilitation of the Federal and Postal workforce.

Instead, the benefit of Federal Disability Retirement allows for cessation of work from a particular kind of job or career, while at the same time incentivizing the Federal or Postal Worker to go out into the private sector and engage in another vocation, and in essence, “self-pay” back into the system by working productively, paying taxes, etc. It is the most progressive of systems, and unlike other programs and societies of dependency, this particular one involving Federal Disability Retirement is in fact an intelligent approach for the American Worker.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: The Progressive Paradigm

Ultimately, Federal Disability Retirement is one of the most progressive paradigms designed — for, as a compensatory program, it not only allows for, but encourages, the Federal or Postal worker to become a self-paying entity by working at another job, a new vocation, a different career, etc, after being approved for Federal Disability Retirement benefits, thereby allocating taxes in order to pay for the annuity itself.

The fact that the U.S. Office of Personnel Management may sometimes and randomly inquire as to the continuing disability status of the (former) Federal or Postal employee, or require an annual check upon the previous year’s income earnings in order to determine if the individual has exceeded the allowable ceiling of 80% of what one’s former position currently pays, is a fairly easy threshold to meet.

Because the focus is upon the particular kind of job which the Federal or Postal employee had previously engaged in, it is natural that any job which the (former) Federal or Postal employee would seek and obtain, would have some qualitative and substantive differences from the Federal or Postal job.

At the same time, however, the skills which the Federal or Postal worker obtained and applied while working for the Federal government, need not be completely abandoned.  There just needs to be a medical justification as to why the individual is able to work in a private-sector job X, as opposed to the Federal job from which he or she medically retired from.

Often, it is a good idea to get the green light from one’s treating doctor, before accepting the private sector job, which would then establish the medical distinctions necessary to justify and answer any future OPM inquiry.

Sincerely,

Robert R. McGill, Esquire