Filing for Federal Disability Retirement: Life on Hold

There are periods in our lives when life is seemingly “on hold”.  Of times when we know not what to do; of careers that have hit a brick wall; of unhappiness over present circumstances; perhaps even of deteriorating family relationships that fail to reveal a glimmer of hope for improvement; and of a medical condition that becomes chronic with the realization that we must accept it, live with it, and endure the accompanying symptoms for a life-long struggle.

Filing for a Federal Disability Retirement benefit under FERS or CSRS, or even CSRS Offset (though rare are the latter two these days) is often a movement forward to break out of the mold of life being on hold.

When a Federal or Postal worker realizes that the medical condition suffered will simply not go away, and it prevents and continues to deteriorate in that aspect of preventing the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, that sense of being stuck in a “no-man’s land” is understandable.

From the Agency’s viewpoint, it is often a period where they are unsure of what to do with you.  They act with a timid sense of empathy (or perhaps none at all); they will sometimes be somewhat “supportive” of your plight; but in the end, you know that they will replace you with someone who can perform all of the essential elements of the position.

Life on hold is a time of uncertainty and trepidation; preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset is a movement forward; it allows for some certainty to be adjudicated in a world where everyone else seems to be in a mode of “fast-forward” while you are stuck in the timelessness of a deteriorating medical condition.

Life on Hold — it is a time when decisions need to be made, and for the Federal or Postal employee who can no longer perform one or more of the essential elements of his or her Federal or Postal job because of a medical condition, a time to prepare, formulate and file an effective Federal Disability Retirement application, to be ultimately submitted to the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Nascent knowledge

At what point does nascence become a maturity of device?  Is it linear time, or merely to exist within a pendulum of boredom where thoughts have moved on to other matters?  Youth, in general, is expected to engage in folly; but of nascent knowledge, where the appended concept of the latter connotes an established fact, a truism tested, and a hypothesis verified – but yet to be tested by time-worn principles and assimilated into the cauldron of society’s greater mixture of things working, defects allowable, and warts acknowledged as harmless.

For, newness itself should not be a basis for permanency of status, and as knowledge cannot be verified until tested, so nascent knowledge is the dangerous of all because it combines the defiance of dual categories:  Because it is new, it has not yet been tested; because it is “knowledge” unassimilated within the paradigms of commensurability like tectonic plates shifting to see what fits and what cannot be accommodated, so the lack of verification makes it that much more suspect.  Yet, we celebrate nascent knowledge “as if” the preceding announcement itself is as exciting as the introduction of a product advertised.

Don’t you miss those days of gangsters and badlands, when cell phones and close circuitry of images were missing, such that the detectives had to actually pursue the criminals?  Now, much of criminal investigation is reviewing of forensic evidence, and avoidance of conviction entails attacking the science of DNA analysis and the credentials of scientific application.

We have allowed for leaps and bounds over pauses of reflection, and never can we expect someone to evaluate and analyze an innovation and declare, “No, it just isn’t going to fit into the greater paradigm of our society”.  Why is that?  Is it because all souls are up for sale, and anything and everything that is deemed “new” becomes by definition that which is desirable and acceptable?  Or, is it merely a matter of economics, that the survival of a company or product is based upon the announcement of a more recent version, and vintage of merchandise is left for those with nostalgic tendencies, old fogies who lack the vibrancy of youth and the cult of newness?  That is, of course, where law and society clash; for, in law, the reliance upon constancy and precedent of legal opinions weigh heavily upon the judgment of current and future cases.

For the Federal employee or U.S. Postal worker who needs to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, the acceptance of nascent knowledge should include the medical condition, the current circumstances, and the present impact upon the Federal or Postal employee’s job elements.  But as to nascent knowledge involving cases past and statutory interpretations of yore?

Those are the very basis upon which law operates, and for which nascent knowledge is anything but a folly untried and unintended for future use.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: Peripheral Centrality

We often think that, by pushing the core importance of those matters out into the periphery, whether in our minds or in the practical application of daily living, by merely touching upon them we have attended to a relative extent in satisfaction for the time being.  Another way to put it is encompassed in the reference of kicking the proverbial can down the road into that distant and obscure future.

Centrality of necessities can only be pushed aside for so long; before you know it, they come back with a roar to crowd out those insignificant interests which are easier to focus upon, become pleasurable distractions, and tend to become magnified as representing greater significance and relevance than what their revealed status should deserve.

Distractions of daily living — perhaps a hobby, or following a sports team with greater exuberance than deserved; then, of course, there are the modes of virtual reality in modernity, of internet, video games and spawning friendships via Facebook, Twitter, etc.  At some point, however, the core of that which was pushed aside must come back and become the centrality of purpose it was always shouting out to be.

Pain, and the avoidance of pain, is somewhat akin to that.  For how long can a medical condition be disregarded, before the periphery to which we relegate it makes an end-run and becomes the central focus of one’s life?

For Federal employees and U.S. Postal workers who suffer from a medical condition, whether considering the impact of the medical condition upon one’s greater health and well-being has been ignored, pushed aside and relegated to the peripheral concerns of daily living — the centrality of its consequential residue must be considered at some point, and the remaining decisions about filing a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, must become the option to entertain.

Filing for Federal Disability Retirement benefits through OPM is never an easy decision to make, and thus do we relegate such considerations into the outer periphery of one’s thoughts — until that day when reality cannot be escaped, distractions can no longer be delayed, and the centrality of our lives must come first.

Preparing, formulating and filing for Federal Disability Retirement benefits through OPM is a major decision which cannot remain in the peripheral accoutrements of a life; at some point, it must become the peripheral centrality of one’s decision-making process if you are a Federal or Postal employee whose medical condition has begun to prevent you from performing one or more of the essential elements of your Federal or Postal positional duties.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The Little Engine that Couldn’t

It is an educational tool utilized to impart upon children the value of hard work and unfettered optimism, but one wonders, At what point should the harsh realities of the world be included?  How, sometimes there are situations where the obstacles are so great and the conspiratorial caverns so deep that the graph of upward mobility is but a mere mirage in life’s cycle of certitude. The balance between the benefit of maintaining optimism in the face of adversity, and tempering unrealistic expectations, is a scale of justice which is delicately configured throughout life.

While the tale of the Little Engine that Could represents the cultural and societal impetus for encouraging work, fair play, persistence and a positive attitude, some of life’s obstacles serve to cut short the capacity and ability to achieve stated first goals.  Medical conditions tend to do that.  Whether primarily physical or secondarily psychiatric, or inversely impacted, a progressively debilitating medical condition saps the self-confidence of the individual, and eats away at the abilities of the patient.

For Federal employees and U.S. Postal Service workers, when a medical condition begins to prevent the Federal or Postal worker from performing all of the essential elements of the positional duties of the Federal or Postal employee, consideration must be given to one’s future, and that future planning should include filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Eligibility for OPM Disability Retirement benefits encompasses all Federal and Postal employees, whether one is under FERS or CSRS, so long as the Federal or Postal employee has met the minimum eligibility requirements: 18 months of Federal Service for those under FERS, and 5 years for those under CSRS (which is essentially assumed that anyone under CSRS already has at least 5 years of Federal Service).

Further, if the Federal or Postal employee is still on the rolls of the agency or the U.S. Postal Service, or has not been separated for more than 31 days, then the Federal Disability Retirement application must be routed first through one’s Human Resource Office of one’s Federal agency or the U.S. Postal Service (for the latter, the central processing point for all Federal Disability Retirement applications for Postal Workers is located in Greensboro, N.C.), then to the U.S. Office of Personnel Management in Boyers, PA.

Implicit in this requirement, of course, is that there is a “Statute of Limitations” as to filing a Federal Disability Retirement application.  All Federal Disability Retirement applications must be filed within 1 year from the date of separation from Federal Service.  Thus, if a Federal or Postal employee is terminated, or has resigned, and a Federal Disability Retirement application is filed, the (now former) Federal or Postal employee must file within 1 year of the date of separation — but if separated for less than 31 days, then through one’s former agency or U.S. Postal Service, and if over 31 days, then directly to Boyers, PA, which is the “intake” processing office for OPM for all Federal Disability Retirement applications.

Whether the Federal or Postal employee ever read or heard tell of the tale of the Little Engine that Could, the time for filing for OPM Disability Retirement benefits is when that proverbial engine gives out, and when life’s harsh realities turns the story of optimism and hope into a pragmatic approach in order to secure one’s future; for, sometimes, life accords engines which need fine-tuning, and medical conditions represent just that sort of mechanical need, for the Little Engine that once Could which turned into the Little Engine that Couldn’t.

Sincerely,

Robert R. McGill, Esquire