Tag Archives: analysis and interpretation of medical and financial issues before filing for fers disability retirement

CSRS & FERS Medical Disability Retirement: Cumulative Impact

In economics, the concept of cumulative growth is important in understanding the progressive and incremental increase, no matter how minimal in the short term, over decades and centuries upon an individual’s and the greater society’s wealth accumulation.  It is based upon the theoretical construct of cumulative growth that fortunes are created and retirement wealth is amassed.

Flat sorting machines at USPS distribution centers

Repetitive type of injuries are common when working with Flat Sorting Machines at USPS distribution centers

As a hypothetical parallelism, what consequence would such incremental but cumulative impact have upon one’s health and well-being?  If repetitive physical stress of a seemingly insignificant quantity were to impact a wrist, a knee, a shoulder, etc., would such de minimis physical pressure acquire a different result years and decades down the road?

Is it not tantamount to radioactive exposure, where the human tissue or organ can have effective resistance to contained amounts, but over time, can begin to deteriorate and cause tumors and mutated cells resulting in cancer? Or like the prisoner who digs his way out of prison with a pen knife — one scrape at a time until a hole large enough to accommodate one’s head and body is created over months and years? Or of stresses resulting in anxiety and panic attacks; perhaps at first a twinge of needle pricks, then after months and years, an overwhelming inability to breathe properly, until reactions of the need to take sudden flight, or paralysis of muscle movements and an inability to speak or move?

Maintaining poor sitting postures for long periods of time

Maintaining poor sitting postures for long periods of time may increase the risk of developing musculoskeletal disorders (MSDs)

For Federal and Postal employees who have had a long and productive career with the Federal Government or the U.S. Postal Service, the mystery of cumulative impact upon one’s health, through repetitive, incremental, and insidious influences withstood over time, often results in self-denial and a sense of failure.  But there is a limit as to what the human body and psyche can take on.

Federal Disability Retirement benefits are simply an employment component offered to all Federal and Postal employees, whether one is under FERS or CSRS, filed ultimately with the U.S. Office of Personnel Management, and is merely an intelligent recognition by the Federal Government that the limitations of human invincibility can be addressed by allowing for a change of careers, by providing for a foundational security to one’s livelihood. Federal Disability Retirement — a viable option in recognition of the age-old concept of cumulative impact, both in economics and in the complex world we occupy.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: To File or Not to File

The famous Shakespearean refrain is from Hamlet’s soliloquy, and concerns the choices of one’s life, of comparative analysis of meaning, value and purpose; but ultimately it is a question of choices — akin to Camus’ evocative essay in The Myth of Sisyphus.  Choices are what confront us daily; and some, unless we opt to proactively pursue the right path, are lost forever.

For the Federal or Postal Worker who has been separated from Federal Service, the angst of filing often prevents them from choosing.  But with a legal Statute of Limitations barring the Federal or Postal worker from filing after one (1) year of being separated from Federal Service, it is at a minimum important to file, than not to, in order to preserve the right to potential eligibility of benefits.

Not to file within the deadline bars the Federal and Postal employee from ever making an argument, ever seeing whether one is eligible for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS; by filing within the deadline of one (1) year, one can always likely supplement one’s case, make further arguments, reinforce one’s case after the deadline; but if one fails to file within the statutory deadline, then one is silenced forever.

The choice of Hamlet is indeed a stark one, and one which Camus reiterated as one of “why” in facing the existential reality of survival; for Federal and Postal workers who face a statutorily-imposed potential for being barred forever, a similar encounter with reality must be faced:  to file or not to file.  Only the former choice makes sense, while the latter option propels one into the great void of nothingness and nihilism — a state of non-existence which one should never choose.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Unexpected Course of Events

Expectations are a peculiar phenomena in the human mind:  it occurs through a history of past experiences; tempered by present circumstances; projected through rational evaluation and analysis of past perspectives and present conditions.  One’s record of fulfilled expectations, as against failed or unforeseen ones, portend the validity of future such thoughts.

While medical conditions themselves may not meet the criteria of an expected event, once it becomes a part of one’s existential condition, it is important to evaluate resulting and consequential events, circumstances and causal relationships in order to make plans for one’s future.  One must not ruminate about the unfortunate course of events for too long; there is further work to be done.

In preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, medical determinations must be made as to future expectations which will impact present circumstances:  Will the condition last for a minimum of 12 months?  What are the chances of recovery from the condition such that sufficiency of rehabilitation will result in returning to work and being able to perform all of the essential elements of one’s job?  How will the agency act/react (not too much in terms of expectations should be considered on this issue)?  What can one expect in terms of a Federal Disability Retirement annuity?  And many other questions which will need to be addressed in order to bring to fore the past, project it into the future, such that decisions impacting the present can be made.

Expectations:  It is where the past, present and future coalesce in the fertile human mind for purposes of decision-making, thereby confirming Aristotle’s dictum that we are not merely animals, but rational animals with a teleological bent.

Sincerely,

Robert R. McGill, Esquire