Tag Archives: approaching a federal disability retirement with pragmatism is better than the paralyzing anxiety-prone approach

Federal Disability Retirement: Random Happenstance

A determination concerning the random nature of a material and unconscious universe can only come about in contrast to a recognition that there is a comparison to be made, to its opposite corollary — that of a teleological state where will, consciousness and deliberation of action occurs.

Thus, one can bemoan the random happenstance of events, but to complain of an inherent “unfairness” becomes a self-contradiction, precisely because to do so is to declare otherwise than to acknowledge its aimless appearance and entrance into the consciousness before one who recognizes the arbitrary realm of an otherwise impervious and unfeeling world.

Further, while inanimate objects and their movement within the universe may further establish the arbitrary catapult of nature’s actions, when human decisions, and acts engaged by animals who are clearly aware of deliberative encounters interact within the arc of intersecting symmetries, one must always consider the history of how things came about, before determining whether or not the lack of teleological consequences betrays a truly random happenstance.

Medical conditions tend to prove the point.  Why does X occur to Y, but not to Z?  That is a question which involves an underlying sense of declaring the “unfairness” of a circumstance.  Whether genetic inheritance, an excess of negative and detrimental exposures, or perhaps an aimless accident resulting in injury, most often one will never know.  Doctors can discuss the contextual historicity of origins, but in the end, the medical condition must be accepted, and engaged.

For Federal employees and U.S. Postal workers whose lives have been impacted by a medical condition, where the medical condition begins to prevent one from performing one or more of the essential elements of one’s positional duties with the Federal government or the U.S. Postal Service, the time to consider the random happenstance of one’s condition, or whether there is behind it a purpose or lesson to be gleaned, is best put off for another day.

Instead, the practicalities of life’s mandates should prevail, and one such deliberative consideration is to determine whether filing for Federal Disability Retirement benefits, whether one is under FERS, CSRS or CSRS Offset, should be one of the options to entertain.   Federal Disability Retirement benefits allow for the Federal and Postal worker to maintain health insurance, continue an income based upon an annuity of 60% of the average of one’s highest 3 consecutive years of service for the first year of being an annuitant, and 40% every year thereafter, until age 62, at which point it becomes automatically converted to regular retirement; and, moreover, the number of years one is on Federal Disability Retirement counts towards the total number of years of Federal Service.

Yes, life’s random happenstance can sometimes appear unexpectedly, and seem unfair in a universe where we map out our existence from birth to death; but it is important to recognize that beyond the laws of physics allowable in the physical world of an impervious nature, there are no rules of the game except the ones we employ through devices concocted within the artifice of our own imaginations.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement for Federal and USPS Workers: Striving for an Unobtrusive Life of Quietude

When first entering the adversarial universe of trial lawyers, a kindly but seasoned opposition who easily made foolish mincemeat out of the flustered composite of inexperience and youthful exuberance, but later approached to compliment the young whippersnapper to give some sagely advice: “You have a yellow pad. That is good. You kept looking down at it as if it was a security blanket. That is revealing”.

Whenever I see a man with a roadmap, and it is my job to disrupt the travel route from Point A to Point Z, it makes my job easier to make the opposition take some circuitous routes to force the journeying adversary onto more interesting pathways, to make him take in the sights and travel in a zig-zag manner, rather than in the straight line he desires to take. Point taken.

Revealing too much can have the negative effect of allowing the opposition to know one’s travel route; and if the purpose of one’s mission is to make miserable any goal-tending individual and preventing him or her from attaining a life of unobtrusive quietude (as is often the superficial purpose in life of Supervisors, Managers and other minor dictators who control multiple miniature fiefdoms throughout the Federal and Postal Sectors of employment), then providing an insight into one’s itinerary is like posting a copy of the newly discovered treasure map on Facebook and expecting secrecy because you clicked on a few privacy settings.

It is, indeed, a sad world in which we live; for, if the goal of most is merely to attain an unobtrusive life of quietude, the minimalism of expectation is for each to respect the privacy-space of one another. But perhaps that is asking too much of humanity.

For Federal and Postal employees, whether under FERS or CSRS, who suffer from a medical condition such that the medical condition has interrupted the unobtrusive life of quietude, filing for FERS Disability Retirement benefits through one’s agency (if one is not yet separated from Federal Service, or has been but still within 31 days of such separation) is the administrative requirement. If separated for more than 31 days, then the Federal Disability Retirement application needs to be filed directly with the U.S. Office of Personnel Management.

In either event, of course, all Federal Disability Retirement applications end up at OPM.  But in so doing, timing, the extent of any prefatory information to be revealed to the agency; to whom; for what purpose; and the ultimate question: When? These are all questions and concerns which must be dealt with in a sensitive, thoughtful manner, and particularized to each situation.

Mapping out a strategy on the proverbial yellow pad is an intelligent approach to take; providing a copy of what one has prepared, to whom, when, and to what extent, will determine whether one’s journey is an unobtrusive straight line from point A to point B, or a zig-zagging line of confusions beset with multiple points of disquietude.

Sincerely,

Robert R. McGill, Esquire

OPM FERS/CSRS Disability Retirement: Sequential Propriety

In many societies and cultures which still consider social protocol of applicable importance, correctness and orderly rectitude must be followed in rigorous detail.  It is the process itself which constitutes substantive relevance, and not merely the ritual itself.

Thus, for example, engaging in the details of business dealings prior to enjoying a meal, or bringing up the subject of a disputed issue during a meal or in the presence of family members, may be a violation of such social protocol as to justify irreparable severance of any future business dealings.  Sequence of actions, tested and applied over decades and centuries of norms developed through cultural screens of human institutions guided by sensitivities impacted by trial and error, retain a purpose beyond the mere folly of observable appearances scoffed at by foreigners to the cultural protocol.

For those who are unfamiliar to the importance of such subtleties, a singular breach may invite a fury of cold shoulders resulting from the rudeness of misunderstandings. For the Federal and Postal Worker who is considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is something to take note of. Not in the sense of social protocol; rather, in the lessons which can be gleaned from the importance of sequential application.

In preparing, formulating and filing for Federal Disability Retirement benefits through OPM, it is important to recognize that proper sequence of compiling the evidence and presenting one’s case can be crucial in the successful filing of a Federal Disability Retirement application.  Doing things “out of step’ can result in preemptively harming one’s own OPM Disability Retirement application.

Whether it is like the proverbial gaffes of, for example, “letting the cat out of the bag”, or “speaking out of turn”, one should always take seriously the relevance and importance of social protocol as a cultural phenomena which contains a logical basis, and is not merely a compendium of silly rules garnered to make outsiders uncomfortable; rather, proper sequence and protocol of actions often teaches us that how one performs the process itself is just as important as the end product for which we strive.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Pragmatism & Angst

Pragmatism is a peculiarly “American” brand of philosophical outlook and approach; unique because it reflects the character and personality of the general population, of looking at things not in terms of understanding it, attempting to discern the underlying essence beneath the qualities and appearances; rather, to look upon success in terms of workability.

To that extent, the European sense of “angst” is often missing in the American character, because there is amiss a sense of struggling over knowledge concerning the substance of a thing.  Such an approach brings to fore the reputation that Americans are merely celebrated merchants, coming to the marketplace to trade and barter, with nothing profound to say or add.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, one can ruminate over the potentialities which lead to a denial of a Federal Disability Retirement application to an extent where one become paralyzed by the possibility.  At some point in the process, pragmatism must trump the angst.  Too many self-corrections can lead to immobility and paralysis of thought and action.  Perhaps there does not exist the “perfect word” or “complete sentence” which adequately describes one’s physical pain, mental confusion, or the nexus which describes how one cannot perform one’s job.  It is likely that no one at OPM will ever fully comprehend the terrible ordeal which the Federal or Postal Disability Retirement applicant is going through.

While many are immigrants from the “old country”, the great thing about arriving to the “new country” is that the angst which once was, is now left behind.  Sometimes, it is time to become pragmatic, and simply file.  Most things can be further supplemented and amended at a later date.  That is the beauty of America — of having second chances over and over again.

Sincerely,

Robert R. McGill, Esquire