OPM Medical Retirement: The peril of procrastination

Time is considered to be a continuum; it remains throughout, and except for artificial slicing imposed by seasons or bifurcations recognized by night and day, sunlight or darkness, or other natural categorizations which creep beyond our calendars, “time” remains a rhythmic cycle barely noticed until deadlines scream to be met and the ageless alarm clock suddenly awakens.

Noticed when the hands on a clock move; of the hour hand, slowly and with slumbering care; of the minute hand, more deliberatively; and of the second hand that ticks away while we watch time pass by.

In this digital era, time refuses to “march on” as the metaphor once informed us, and instead stares silently through the redness of a glaring, impassive face.  Waiting makes for awareness of passing; waiting in line to get into this or that establishment; waiting in a doctor’s office; waiting for a train; or do we just wait because there is nothing left to do?

Procrastination is a form of waiting, except we put the proverbial cart before the horse: Instead of waiting for the allotted time or event to occur, we wait for its non-occurrence, then rush to complete the non-occurrence before the expiration of the allotted time.

Certain events make for pleasantry of time — as in being with others you enjoy; performing a deed of delight; or merely resting, relaxing, engaging in activities of mirth; while others extend the laborious into an unbearable anguish of unending torment — of pain, unwanted relations and uninvited calamities.

For Federal employees and U.S. Postal workers who suffer from 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 Federal or Postal job, time can become an enemy if one fails to foresee the peril of procrastination.  At some point — and often, early on — it becomes obvious that filing for Federal Disability Retirement under FERS, through the U.S. Office of Personnel Management, becomes a necessity.

Trying to qualify for OPM Disability Retirement benefits is a long and complex administrative process, and delaying that which one knows must be done is not merely the peril of procrastination, but an exacerbation and potential worsening of circumstances that may already require your attention today, if not yesterday or the day before.

For, in the end, it is not procrastination itself which creates the peril — rather, it is the peril of the medical condition left to time and its progressive deterioration — and that is why procrastinating can itself be avoided by consulting today, without delay, with an attorney who specializes in the the proper preparation, formulation and filing of an effective Federal Disability Retirement application.

Now, as for that chore that was left for tomorrow…

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Lawyer: Life’s Series of Decisions

As activity is the fingerprint of life, and inertia denotes death (or at least a somnolence of sluggishness), so the parallelism between thought and life follows the logic of movement versus progressive decomposition.  Thinking, according to Aristotelian tradition, constitutes the essence of human-ness.  Other species may have characteristics which define and distinguish; for the human animal, it is the process of thinking, or thought-engagement, which differentiates and identifies by uniqueness of quality.  Part of that cognitive process involves decision-making.

For all species, this cannot be the essence of being, because such a principle applies to every genus, lest we conclude that determinism is ingrained in one’s DNA.  Predators must decide when and upon what the advantage of a chase will result; frogs must affirmatively choose when to snap that elongated tongue in the split second of time to satisfy its appetite; and men and women must resolve issues short of confrontations engaged in a prior state of nature, to confirm that civilization is indeed a progression of culture and sophistication, and not based upon brute force.

The underlying principles, then, which distinguishes human decision-making from other species, must be some other component; perhaps that of the formulation of a paradigmatic criteria upon which an option is considered.

In the process of thoughtful decision-making, what criteria do we apply?  For Federal employees and U.S. Postal workers who are considering filing for Federal Employee Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, the criteria-based paradigm of choice-making may be limited:  You can remain within the inertia of present circumstances; you can walk away in order to “save” your health, while also partly engaging in the first option (i.e., change into the inertia of a different set of circumstances); or, you can file for Federal OPM Disability Retirement benefits.

If the third alternative is the one opted for, then a series of additional questions and answers must be posed and resolved:  How many years of Federal Service; how long will the process take; what are the chances of success; will my doctor support me in this endeavor; and multiple other queries.  For some of these, further research and investigation will provide the answers; for others, seeking legal counsel, expert advice and general wisdom of experience will be helpful.

In the end, inertia should be disengaged, as lifelessness should never define the essence of a living being; and the thoughtless void which modern society and technological dominance tends to cower us all into, should be pushed back and resisted, like the days of yore of Masada and other uprisings which manifest the destiny of humanity, that life on any planet, Mars or Earth, is indeed a rarity even among a plenitude of apparent activity.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Law: Agency Adverse Actions

Calamities coalesce in concurrent coordinated couplings; often enough in life, when one action is engaged, another follows in reactive reflection.

For the Federal employee or U.S. Postal worker who has a medical condition, such that the medical condition impacts one or more of the essential elements of one’s job, the necessity to, or mere hint of the need to, file 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, often invokes a concurrent action on the part of the agency.

Whether such actions are mere coincidences (unlikely); retaliatory (a good chance); or deliberatively intentional (often enough) is anyone’s guess.  Trying to figure out the underlying motivation of agencies is merely a waste of one’s valuable time; what to do with the agency’s adverse actions, is the more productive approach to embrace.

The argument that finds some precedence for OPM in arguing against a Federal Disability Retirement case, is that somehow the Federal Disability Retirement application was merely a pretense to avoid termination, and thus is somehow invalidated.  But, in fact, the reverse can be argued as well:  Because of the medical condition, the agency’s adverse actions reflect the poor performance, the excessive taking of SL, LWOP, etc., and irrefutably confirms the validity of the Federal Disability Retirement filing.

What the agency’s adverse action states; how it is characterized; what surrounding correspondence exists; and the extent of one’s medical documentation around the time of the agency’s actions, and prior to, are all important components in preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Law Blog: The Trifecta

The bet must be precise.   Thus, it needs to be based upon extensive research, a knowledge of each of the elements, the circumstances surrounding the process; the quality of the expected environment; whether intersecting conditions will interrupt or influence; what other unforeseen confluence of intercessions may develop.  The finishers must be predicted in sequential order.  The trifecta is therefore a management of time, knowledge, expertise and sprinkled with a bit of luck extracted from the cauldron of a witch’s brew.

Federal Disability Retirement is somewhat akin to the trifecta.  Extensive research, a knowledge of the elements to be proposed, and a delineation based upon the compilation of another trifecta — the medical evidence; the statement of disability; and the legal argumentation — must be brought together into a confluence of coordinated and comprehensive consolidation of cogency.

Preparing, formulating and 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, however, should not be based upon a spurious bet.  And, unlike the trifecta, a semblance of certainty should enter into the equation, such that the sequence of delineated data should compel the OPM reviewer to declare unequivocally and with unconcerned eloquence, “Of course!’ — and grant an immediate approval of the Federal OPM Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire