OPM Disability Retirement Lawyer: At What Cost?

The introduction of the “cost-benefit analysis” (CBA) by the French (who else?) is a quantitative approach in determining whether to go forward with a given project.  There are other approaches, of course, but the popularity of such a utilitarian paradigm is especially attractive to Americans, precisely because it allegedly places a determinable value upon the project, endeavor or issue in question.

But not everything in life is quantifiable in monetary terms; and while the CBA approach can take into account complex factors and assign methodologies of evaluating such that otherwise unquantifiable terms can be converted into numbers, the question still comes down to a simple issue of self-reflection:  Is it worth it?

For Federal employees and U.S. Postal workers who have a medical condition, such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s positional duties, a cost-benefit analysis is often taken with a singularly stark question:  Can I survive on the annuity proposed by statutory authority?

But this often ignores a parallel query, just as stark and similarly singular: What other choice is there?  If the medical condition arose as a matter of a work-related incident, certainly the Federal or Postal employee under FERS, CSRS or CSRS Offset should file for OWCP/DOL benefits; but even then, Worker’s Comp is not a retirement system, and there will likely come a time when it is still necessary to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

The unquantifiable factors in any CBA are those more personal, intangible issues which we rarely desire to face:  What will happen if I ignore the present course of settings?  If I continue to work with my medical condition and somehow reach retirement age, what kind of shape will I be in to enjoy my “golden years”?  Will the agency tolerate my reduced productivity, and what will their next move be?

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is never an easy decision, and should not be taken without a thorough and self-reflective analysis; but it is often an approach tantamount to negative-theology which will bring out the true answers to a dilemma — of what will result if one does NOT do X, as opposed to a quantification of values — and provide the necessary framework for a future reference of positive closure to a human condition which always seems, at the time and moment of suffering, to be a calamity beyond mere dollars and cents, and for which the famous Utilitarian Philosopher, John Stuart Mill noted, that actions are right “in proportion as they tend to promote happiness.”

Sincerely,

Robert R. McGill, Esquire

 

Another similar article previously published: Federal Disability Retirement pros and cons

 

 

OPM Disability Retirement: The Power of Approval

Whether the Federal agency or the U.S. Postal Service can have a significant impact upon a Federal Disability Retirement application is a question often asked; then, of course, there are always suspicions that certain individuals and entities may try to undermine or otherwise sabotage, out of pure animus and acrimonious low-down-ness (not a legal or technical term, by any stretch of the imagination), by going through “back-door” channels and attempting to influence or otherwise paint a portrait of perverse circumstances.

At best, agencies, individuals and entities of the Federal kind can remain neutral and harmless; at worst, they can allege unspecified and unidentifiable, nefarious circumstances of associated behaviors or conduct issues otherwise unrelated but left to the unimaginative creativity of an OPM administrative specialist.  But then, since those would all be illegal and unofficial acts of retribution and retaliation, they would never be validated nor publicly acknowledged, anyway, and so only the suspicions would remain, without verifiable evidence of ascertained capability to influence or otherwise persuade a negative determination to be reached by the U.S. Office of Personnel Management.

To their credit, OPM asserts complete and total independence, and refuses to allow for any influence but for the legal criteria in evaluating a Federal Disability Retirement application, whether the individual is under FER, CSRS or CSRS Offset, and whether the Federal Disability Retirement application comes from the U.S. Postal Service or from one of hundreds of Federal agencies and departments across the country.

Neither a Federal agency nor the U.S. Postal Service can promise or otherwise grant a Federal Disability Retirement application to a Federal or Postal worker; only the U.S. Office of Personnel Management can do that.  Empty promises aside, whether by implication, inference or alleged influence, OPM is the only entity which can approve a Federal Disability Retirement application.

Yes, agencies can be more helpful than not (though that is rare); agencies can somewhat harm (though a Federal OPM Disability Retirement application is ultimately based upon the medical evidence gathered); and yes, agencies more often than not attempt to undermine rather than assist (despite thousands of Human Resource Specialists across the country claiming otherwise); despite all of this, it comes down to a single entity — the U.S. Office of Personnel Management, and no other agency — which grants or denies an approval for a Federal Disability Retirement application.  As such, beware of promises made; be cautious of settlements reached; and be dubious of claims of egomaniacal exponents of hyperbolic vituperations; they normally amount to the value of the verbal paper they are written upon.

Sincerely,

Robert R. McGill, Esquire

Physical and Mental Conditions in Federal OPM Disability Retirement Claims: Ahead of the Proverbial Curve

Trends are often characterized by the actions of a few.  Whether in cultural expectancies via movie moguls, fashion designers, technology innovators and convention-busters, the known so-called leaders who stay ahead of the proverbial “curve” which maintains the continuum of linear stability in a given society, often dictate the direction of an otherwise directionless future.

The ivory tower of academia is another such bastion of proclivities where, if observed carefully, can infer a discernment for future waves to come. The views of sociologists, psychologists, philosophers and economists (to name just a few “ists” within the self-vaunted world of esoteric penumbras; note, however, how the “philosopher” is not termed the “philosophist” — why is that? Perhaps because there was a desired disassociation with sophistry?) preview a trend of forthcoming conundrums impacting a society.

In the pragmatic world in which most of the rest of society inhabits, however, the dualism pronounced (and in many sectors of philosophy, denounced) concerning the bifurcated universe of the cognitive as opposed to the physical, continues to be debated. Dennett, consciousness, Nagel, Scruton, and the continuing debate over whether human consciousness can be reduced through the scientific language-game of mere biological processes, rages on in the ivory towers of conceptual constructs.

In the real world, this debate is reducible to the pragmatic question of whether psychiatric conditions are “as acceptable” as physical manifestations of traumatic conditions. For the Federal employee and the U.S. Postal worker who is contemplating filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, the question of whether it is “more difficult” to win a Federal Medical Retirement claim from OPM is one which overwhelmingly can be answered in a positive, pro-worker manner: today, fortunately, there is little distinction to be made between psychiatric health problems and physical health problems.

Major Depression, Anxiety, panic attacks, Bipolar Disorder, Autism Spectrum Disorders, suicidal ideations, nervous breakdowns, etc. — all are viable bases upon which to file for Federal Disability Retirement benefits, on a par with physical conditions of chronic pain, cervical and lumbar dysfunctions, shoulder impingement syndrome, Crohn’s Disease, etc.  Descartes’ dualism cannot be found in the world of OPM and in the filing for a Federal Medical claim of disability.

The proverbial curve of societal trends is often determined by those at “the top”; but in the case of acceptance of psychiatric conditions in comparative analysis to physical conditions in the filing for Federal Disability benefits through the U.S. Office of Personnel Management, the trend of acceptance on a par for both was established long ago, probably as a result of the reality of either and both conditions, and the realization by the bureaucracy that however you term the condition, the importance of a Medical Disability Retirement claim finds its essence on the impact of one’s ability or inability to perform all of the essential elements of one’s positional duties.

Sincerely,

Robert R. McGill, Esquire