Tag Archives: an attorney who spends 100% of his time in federal retirement

OPM Disability Retirement: The Coming Year

Calendric rhythms constitute artificial attempts at becoming partnered with time; like the music to which the dancer dances, there is nothing uglier than being out of step with the aura of a beat.

Eternity of time marches in a continuum without notice or constraint; our bifurcated days are broken down into days, hours, minutes and fractions thereof, as ordered slices like slabs of beef prepared for delectable consumption.  But whether the artificial imposition of our subjective categories have an impact upon the rhythmic tone of a cold and impervious world, is gleaned in rare moments of sudden insights, when a tremor shakes the foundations of tranquility, and we are awakened from the slumber of our own inventions.

Medical conditions tend to do that.  Suddenly, priorities of life must be reordered, calendric impositions of tasks to be accomplished seem to pale in weight of sufficiency, and leisure activities no longer constitute a viable avenue of escape from the drudgery of daily monotony.  Medical conditions bring to the fore the importance of that which is the essence of relevance:  not possessions, not contraptions nor toys of distractions; but of human connections.

For Federal and Postal employees who put so much of their time, effort, lives and worth of energy into the performance of daily work, a medical condition that prevents one from performing the essential elements of one’s positional duties becomes a trauma of sorts, and a shifting of tectonic plates.  Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset, is an option one should take when once the notion of value, time, priorities and the interruption of calendric rhythms has been evaluated.

In the coming year, there will be moments of clarity and insight, when it becomes obvious that one’s body is attempting to convey a warning, or where the cognitive deluge of despair blares a clarion call for the quietude of yesteryear, when the chains of time were but a hollow echo whistling in the cavernous dark of unknown depths.  The coming year will tell when it is time to file for Federal Disability Retirement.

Sincerely,

Robert R. McGill, Esquire

 

The Genotype-phenotype Distinction and Disability Retirement Benefits for Federal and Postal Employees

The distinction is important in the study of genetics, where the genotype represents the entirety of one’s hereditary information contained in one’s DNA, whereas the phenotype represents the manifestation of that genetic heredity received and retained by any given individual. In simple terms, it is the inner/outer distinction, or in Aristotelian terms, the substance/accident representation, or further, in Platonic characterization, the form/appearance description of the world. It provides for a fascinating study of the theory of evolution, the plasticity and adaptability of a species, and the capacity of survivability within the greater context of environmental pressures and influences.

For the Federal employee and the Postal worker who suffers from a medical condition, such that the medical condition begins to impact one’s ability/inability to perform one or more of the essential elements of one’s positional duties, the concept of the genotype-phenotype distinction is peripherally interesting to understand, in the following way: The internal struggles eviscerating one’s capacity to perform the Federal or Postal job, will sometimes remain unobtrusive and lacking of evidence by all appearances.

The “phenotype” of a Federal Disability Retirement case may be represented by good performance reviews, lack of awareness by one’s supervisor, and an agency which fails to recognize the struggling Federal or Postal employee. The “genotype” is often the “inner” struggle, characterized by profound fatigue (how does one quantify cumulative exhaustion?), chronic pain (if only pain were color-coded, where white is on the lower spectrum and red is at the extreme end), the where the Federal or Postal employee pushes one’s self to the limit of absurdity until one is ready to collapse in an effort to perform the essential functions of one’s job.

The problem of appearance-versus-substance, or that which is seen as opposed to the hidden reality of a thing, is not a new or unique one. In the context of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, however, whether the Federal employee is under FERS or CSRS, and whether the Postal worker is under FERS or CSRS, it is important to make clear and bring to the surface that which is unrevealed, and that will normally come about through generating an excellent medical report from one’s treating doctor.

Ultimately, a Federal Disability Retirement application is based upon the medical opinion of one’s treating doctor, and the “genotype” of an effective Federal Retirement application must comply with the requirements of the law, the criteria for eligibility, and the expression of that genotype into a coherent representation in the form of a “phenotype” in the preparation, formulation and submission of a Federal Disability application, though OPM, whether one is under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire