Filing for FERS Disability Retirement: The Time to Decide

The process of decision-making comes in all forms: Of procrastination until one is forced into making one; of deliberative thoughtfulness until all logical possibilities are exhaustively analyzed and a default judgment is entered through rational elimination of available options; of basing it all upon an “instinct” or a desire; of randomly choosing based upon the belief that — as the universe itself is arbitrary and capricious, so should all matters be decided in a parallel fashion; of considering the alternatives and eliminating them based upon a gut-feeling; and multiple other nonconformist manners, often combining a multitude of various methodologies — if in fact one can even refer to “madness” as a method.

Regardless — whether of one method or another — there comes a “time” to decide, and that time is often relevant based upon additional factors to take into consideration: Others are dependent upon your decision; there is a time-limit on making a decision; certain contingencies have occurred which require a decision to be made; or, to simply let outside circumstances dictate the decision by deciding to engage in the act of a non-decision.

For Federal employees and U.S. Postal workers who are struggling with the decision of whether to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the question of “timing” is often decided by the extent and severity of the ongoing medical condition itself.  The anomaly of when is the “right time” is often offset by circumstances beyond one’s control: of actions perpetrated by the Agency; of the worsening of one’s medical condition; of the exhaustion of FMLA, SL and AL and the denial of extending one’s LWOP status; and the combination of any or all of the complex interaction of pressures and stresses which impact perfect timing.

Time is an artifice of relative events; often, there is no such thing as “perfect timing”; but what we do know is that there is a time to decide, and that time is when a Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s Federal or Postal position.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Workers: Believing in something

It is difficult, these days, to do so.  One can, by rote of habit, engage in the taciturn void of Gregorian chants, of hardened wood to kneel upon in prayerful silence where altar boys were muffled in horror in backrooms somewhere behind the hidden conscience of priests who, holy though they appeared, were but men of fleshly wants; or of giving when the televangelist prayed for miracles and allowed the camera angle to capture the piety of a winking heart.

Modernity defies believing in something.  We scoff at piety because we learned long ago that priests in dark robes were merely cloaked in outward appearances while engaging in acts of desecration behind closed doors, and gurus who rode around in expensive cars while preaching the gospel of meditative calm possessed devious thoughts untold behind craggy beards and beady eyes; and so we have lost the capacity for believing in something, anything, and let our children roam the streets of nihilism, sensual extortions of human bondage and the virtual reality of video consoles, only to be disappointed when they find emptiness in their lives reflective of an endless chasm of dreamless nights.

Once upon a time, Johnny believed in things; and then the marching band stopped when wars became endless, where speeches no longer carried the weight of conscience and greed seemed rampant in the daily lives of believers and beggars alike.  A priest once told this writer that he wished that the Church would sell all of its assets and go back to being the mendicant preachers we once were; but that was years ago, and not much has changed.

For most of us, we continue to cling to the thin reed of possibility; for the rest of us, we must contend with the reality of life’s trials: of work; family; health and friendships; and perhaps the belief in a tomorrow yet to be fulfilled with promised days of warm memories.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition has begun to prevent one’s ability and capacity to perform one or more of the essential elements of one’s Federal or Postal job, believing in something is a foundation for the next steps to take: Of a Statute in Federal Disability Retirement Law that sets forth a criteria to be met, and then to set about proving that one has met them.

Often, believing in something is nothing more than acting upon a need and setting about fulfilling that need; and for Federal and Postal employees who need to file for a FERS Disability Retirement, consulting with an attorney who specializes in Federal Disability Retirement Law is the first step towards believing in something that you have a right to believe in.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement under FERS: Appropriateness

How does one learn it, and if one never recognizes its opposite — inappropriateness — does that then shield one from recognition of its negative consequences?  Is it the suddenly silence of the room, the averted eyes of those around, or the pink flush of a blush that suddenly tells of the inappropriateness of what was said, or done?  But what of its antonym — do we learn only when someone else says, “Yes, yes, quite appropriate“, and if so, how did that person learn what was or wasn’t?

Is appropriateness merely a human convention, an artificial construct that allows for a mindless continuum that barely retains its relevance beyond the insularity of a self-contained characteristic?

For federal employees and U.S. Postal workers who are considering preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal employee is under FER05S, CSRS or CSRS Offset, the appropriateness of what to include in a Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, is often a question of discretion and experience.

What evidence, beyond the obvious medical evidence, can and should be filed?  What should be included in one’s Statement of Disability as required on SF 3112A, Applicant’s Statement of Disability?  How much personal information, historical facts and background data should be “appropriately” included in the Applicant’s Statement of Disability?  Should family members, friends or coworkers provide a statement, as well, and is it “appropriate” to do so?

In the end, appropriateness is a concept that should be tailored by the context of the action, and it might be a good idea to consult with an experienced attorney before preparing, formulating and filing an effective Federal Disability Retirement application, as such a consultation would certainly constitute an appropriateness under the circumstances, and may well be inappropriate to fail to do so.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement Lawyer: Figures Larger than Life

Once, mythological figures and characters looming larger than life itself wandered amidst the common populace of everyday working folks; their very presence bestowed a greater sense of purpose, of a pride in knowing that better days lay ahead, and that even in the upheavals of tempestuous travails and turmoils which interrupted every economy and fiefdom because of the inevitable vicissitudes of economic activity, that somehow we would all survive through the common efforts of community.  But the pureness of the mountain stream became poisoned, diluted and polluted by egomaniacal intrusions of selfish constructs; “we” did not matter much, if at all, and the accolades of accretion demanded greater self-congratulatory spotlights of self-centered egoism.

Thus was the “selfie” born.  In the midst of such a society, empathy for the disabled will be wanting and rare; the saying that he would shove his own grandmother under a moving bus is not merely a warning, but a confirmation of normative character.  For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, it is well to know who, and what, one is dealing with.

Agencies and Post Offices which may have shown care and comaraderie during better times, may not continue the surface-appearance of comity and cooperation when it becomes clear that the Federal or Postal employee can no longer remain as fully productive as in years past.  Human nature being what it is, the self-contradiction of man’s thought processes can always amaze and delude:  One believes that one is neither naive nor ignorant; concomitantly, that the world is generally an evil arena of life; but, somehow, one’s own friends, family, and agency are the exception, when the callous experiences of life have shown us otherwise.

Filing for Federal Disability Retirement benefits by the Federal employee or the U.S. Postal worker, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, through the U.S. Office of Personnel Management, is a clear indication to one’s agency or the U.S. Postal Service that you are no longer “one of us”, and more to the point, can no longer contribute to the betterment of the agency, the Postal Service, or to the advancement of management’s careers and objectives.

You become considered as mere dead weight and fodder for the wasteland of problems and pecuniary penchants of piracy and pernicious paupers.  You become erased and digitally deleted from those seemingly happy images of office parties and ceremonial accolades where words of praise once were dispensed with generous helpings and heaps of adjectives and adverbs not often heard.  You become the nobody that you always were perceived to be behind those lying eyes, had always been, and forever considered; you just didn’t know it before the occurrence of confirmed establishment.

Perhaps we know too much today, because information is cheap and available; and perhaps giants never roamed the earth in epochs extinguished by time and modernity; for the figures larger than life are nowhere to be found, but in what we make of our lives through sheer effort, planning, and genuine concern for the man sitting right next to us.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Reversal of Fortune

Life itself rarely reflects a steady, linear progression on a graph; the zig-zagging representing times of economic turmoil more accurately profiles a person’s span of existence.  Moreover, one’s career is not necessarily the essence or paradigm of a given life’s experience; there are multiple factors, including emotional, births and deaths, marriages and medical conditions.  How does one quantify an experience?

The methodology we seek is often purely in monetary parallelism:  if one receives pay raises and cash rewards, then one’s career is considered to be on an upward trajectory; if one gets a reduction in salary (with or without a concomitant demotion in position), then the loss of linear progression is deemed a failure of sorts.  But like marriages, and life itself, careers never merely reveal a positive path of progressive purity; ask Elizabeth Taylor, who skews every statistical analysis of marriages and divorces.  And then, of course, there is the interruptive influence of a medical condition.

For Federal employees and U.S. Postal workers, the daunting doldrums of a medical disability reveals many things not reflected on a graph of life:  the bother; the interruption of a career; the fear imposed; the dealings with coworkers; the reaction of the agency or Postal Service; the need for surgical and other procedures; a whole host of activities not previously contemplated.

For the Federal and Postal employee who finds that a medical condition begins to prevent one from performing one or more of the essential elements of one’s job, consideration then needs to be given for filing with the U.S. Office of Personnel Management, whether one is under FERS or CSRS, or CSRS Offset, of an effective Federal Disability Retirement application.

Yes, unfairness is a characteristic of life not reflected in the graph of microeconomics; yes, sometimes experience teaches us that the proverbial cards are stacked against us; and yes, reversals of fortune constitute a reality rarely taught in classroom social studies.  But as life’s experience is never accurately or fully represented by mere lines and numerical paradigms, so a biography of a historical figure can never be captured, as fortunes and reversals thereof can never embrace the complexity of human folly.

Sincerely,

Robert R. McGill, Esquire

 

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