Postal & Federal Disability Retirement Attorney: VERAs

With spring comes the rumors of love, furtive dalliances, clandestine consummation and intrepid interludes; as well as the potential for Voluntary Early Retirement Authority for Federal and Postal employees.  What the latter (known under the acronym of VERA) has to do with the multiple listings of the former (rumors of love, furtive dalliances, etc.) is anyone’s guess; perhaps there is no connection at all or, more likely, the cognitive comparisons we make have to do with offers of change, adventure, and a need to evaluate the impact of all of the above upon the security of one’s future.

The devil, as in all things, is in the details.  Whether a VERA is accepted or not should be based upon the incentivized offer; and it is often the short term gain (a large enough sum of cash “up front” in order to make it attractive), like the adrenaline-flowing excitement propelled by a romantic interlude, which compels the Federal and Postal worker to accept the VERA.

Be not fooled; the Federal agency and the U.S. Postal Worker is proposing a VERA not out of the kindness of their abundant hearts; rather, it is to streamline, strip and effectively make skeletal the overburdened bureaucracy of the Federal government and the U.S. Postal Service.  But the question, as applicable to all VERAs (as well as to romantic dalliances) is, Is it good for your future?

If the Federal or Postal worker must accept a VERA, the underlying reason and rationale is often because he or she can no longer continue in the job anyway; and, to make the point ever more poignant, that foundational reason for an inability to continue often involves a medical condition.  That being the case, it would be wise to evaluate and compare the short-term gain potentially attained through a VERA, as opposed to a long-term security of purposes accessed through filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Both a VERA and a Federal Disability Retirement application must be filed through the U.S. Office of Personnel Management.  Both are ways to discontinue the present set of circumstances the Federal and Postal employee finds him/herself in.  The VERA, however, is a plan of self-indulgent action proposed for the benefit of the Federal agency and the U.S. Postal Service; Federal Disability Retirement is a course of determination based upon the best-interests of one’s health and well-being.  And, like clandestine romances engaged in behind the locked doors of distant roadside motels, the VERA may merely be a response to a mid-life crisis leading to an emptiness in one’s soul once the excitement has passed.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Quiet Subtlety of Excellence

Failure blares like a discordant trumpet in a confined space with no exit; success flows like the quiet stream on the other side of the mountain, barely noticed.  In law, it is the appeal, and the written order issued therefrom, which receives the attention of the daily press.  Yet, if one pauses to consider:  The reason for the appeal, is the lack of success at the trial court level.

For Federal employees and U.S. Postal workers who suddenly find themselves the target of workplace hostility because of a medical condition which now prevents them from performing one or more of the essential elements of their job, it is often a surprise that they have become a focal point of interest.  The quietude enjoyed for so many years, in relative anonymity, is actually a reflection of one’s outstanding performance throughout the years.  It is because of the threat of departure — of the “failure” to continue to support the agency, or to provide ongoing efficient contribution to the U.S. Postal Service — that results in the sudden and unwanted attention.

Filing for OPM Disability Retirement benefits for the Federal employee or U.S. Postal worker who cannot perform all of the essential elements of one’s job anymore, is an option which must be considered precisely because of the limited alternatives offered or provided by the Federal agency or the U.S. Postal Service.  Health should always be the primary concern; maintenance of one’s health, the focal point of endeavor.

And just as importantly, to maintain that quiet subtlety of excellence in the next important step of one’s life — to prepare, formulate and file an effective Federal Disability Retirement application to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

All these many years, the Federal or Postal worker has dedicated him or herself to the excellence of combining career, family and personal relationships; when the time comes to attend to one’s own medical difficulties, it is important to maintain and continue that standard-setting record of accomplishments, by ensuring that one’s Federal OPM Disability Retirement claim reflects what has always been known all along, but has only received the murmurings of a muffled fanfare — that quiet subtlety of excellence.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability under FERS, CSRS or CSRS Offset: To Lose a Kite

It is that loss of innocence; of a childhood cut and let go, a bifurcation of sorts, where the fluttering tail fades into the misty distance of time past, eternity unfulfilled, and the present moment shattered by a loss not valued by economic standards, but by the negation of that which was, will never be again, and won’t be coming back. The loss of anything is valued by the attachment of human passion, the trembling fear of future consequences known and yet to be determined, and the expectation of a hope left as a residue of hard work and toil.

Do we remember that loss of a kite, at a critical moment in time when the champion of winds clapped and cheered as we controlled the destiny of an artifice so flimsy in manufactured quality and yet defying the aerodynamic laws of the greater universe?  Neither the Law of Newtonian physics nor the quantum theories compromising Einstein’s theoretical constructs could defy the persistence of levitational determination, coupled with a coil of thread in the stubby little hands of a child, with but a tug and a pull; and then, suddenly, it was gone.

Is not the future of an adult like that fleeting moment? What a qualitative difference a day may make; when once free of pain, then to experience the excruciating agony of debilitating onset; or where rationality and promise set the course for future happiness, only to be overwhelmed by fear, anxiety, depression and panic attacks. Life is tough; but when a medical condition intervenes and tears apart the very fabric of living, that compromised life becomes almost an unbearable mesh of a twisted cathartic of impenetrable jungles of psychological, physical and emotional turmoils. For many, there is no escape, and that snap of a thin reed which left the child’s hand empty of promise, is all that remains.

For Federal employees and U.S. Postal workers who have the minimum years of service under FERS, CSRS or CSRS Offset, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is often the best — if not the only — recourse out of a madness undeterred. Federal Disability Retirement is a benefit accorded to all Federal and Postal employees as part of one’s compensation package, and allows a person to stop working, receive what amounts to a lifetime annuity, while accruing more years in building towards a final retirement converted from disability retirement to regular retirement at age 62; and all the while, to live upon that rehabilitative plateau in order to attend to one’s health and well-being.

For, when a Federal or Postal worker is no longer able to perform one or more of the essential elements of one’s job, the choices become stark and limited: To continue in pain and agony; to walk away with nothing to show for one’s efforts and toil; or to file for Federal Disability benefits.

It is like the child who once felt the pleasure of life through the flight of a kite, only to experience the tenuous reed of promise when the snap of the thread leaves the twirling object uncontrolled and uncontrollable, left to the nuances of turmoil and trauma; but to move on is to forge a different path, with the echoes of regret howling in the memories of our childhood consciousness, never to be regained but for a semblance of fated warmth.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability under FERS, CSRS or CSRS Offset: To Fly a Kite

It is the epitome of a pleasurable moment, of engaging a mindless activity which spurs thought; and so to fly a kite is to soar with winds beyond our reach.  Does a life lived vicariously live life lifelessly?  As the flapping breeze at heights unreachable carries it airborne with but a thread to preclude its sudden spiraling away and into an abyss of telephone wires, treetops and treacherous heights of threatening snags, it is that hand which holds steady the coil of connection which controls length, movement, and steadiness of stability.

How tenuous is the reed of life?  When once youth masked the viscosity of existence, where mortality seemed but a yarn of empty rocking chairs and tall tells in the shadows of the flickering embers of a warm fireplace; and how the tenacity we maintained with vigor and vitality concealed those fears we harbored as we set about to conquer the challenges of an uncertain world; but when the fanfare subsided, and the promises of unspoken ceremonies fell silent before the finish line, the realization that life is but a short span of eternity where worth and value can be embraced only by measuring the momentary warmth of a hug or holding a gaze with a loved one for a millisecond beyond the practical, then does one finally achieve a balance of peace in a universe of turmoil.

The holidays tend to bring such realizations to the fore; so do medical conditions and their impact upon body, mind and soul.  If by “soul” we attribute, just for a moment, not that controversial component of man where existence beyond the ephemeral world of matter must by belief encompass eternity, but instead, the aggregate of man’s complexities:  of mind, physical body, consciousness, the heart and vegetative divisions, etc. — then it is indeed the totality of man who is impacted by a medical condition.

For Federal and Postal employees who find themselves with a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, the tenuous reed of life becomes exponentially magnified because of the stoppage of career, intervention of life’s goals, and interruption of all of the “things” that need to be done.  An interrupted life is like the proverbial ship without sails; the moorings have been damaged, and one senses a drifting without control.

Filing for Federal Disability Retirement benefits is a pragmatic step for the Federal employee or the U.S. Postal Worker who cannot perform each of the essential elements of one’s Federal or Postal position.  When a medical condition impacts a Federal or Postal employee, it is the pragmatic steps — the ones which can actually realize a practical outcome — which counts for something.

If you are a Federal or Postal employee under FERS, and you have at least 18 months of Federal Service, then you have already met the minimum eligibility requirement to file for Federal Disability Retirement benefits.  If you are a dinosaur under CSRS or CSRS Offset, then you have likely already met that requirement, anyway.  All that is necessary is to put together a case of proving that one’s medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, by a preponderance of the evidence.

For, in the end, it is that thin thread which guides the pleasure of flying a kite which stands between chaos and connectivity; letting go should not be the only option; it may just be a little tug which is all that one needs, in order to steady the flight of life and retain that childhood sense of invincibility.

Sincerely,

Robert R. McGill, Esquire

 

Expanding the Significance of Individual Federal Employee Disability Cases

Lawyers daily engage in it; courts are sometimes receptive to it; the public is rarely approving of it.  Expanding the literal language of a statute by reading meaning into words, phrases and conceptual paradigms not otherwise manifested or obvious in the words enacted, is a language game which some call intellectual brilliance, while others deem to be disingenuous or otherwise dishonest, to be blunt about it.  The “it”, of course, is the compendium of the expanded impact and relevance of consequences resulting from statutory language, some intended, others unintended.

Does it all result from the poor crafting of a statute?  Sometimes.  Is it expected in all statutory construction?  Mostly.  Can constriction, as the antithesis and corollary of an expanded interpretation, ever come about?  Rarely.  It is in the very nature and intuitive construct of a legal statute and inherent principle that expansion of that principle to include avenues and influences not otherwise originally intended is to be expected.  That is the very nature of a law.

Sometimes, legislators knowingly write a statute with intended wiggle-room precisely for the lawyers and judges to wrangle over.  What the general public fails to understand, however, is that each individual can be a singular guardian of the principle of expansion, in each case, with purposive intent and influences beyond, like tentacles on an octopus of fate and fleeting fairytales of justice.

Like the guardian standing at an entranceway, who hears a strange noise or movement emanating from beyond the periphery of his granted authority; how far should he venture?  To what extent should he be curious?  What parameters should preclude his investigation?

For Federal employees and U.S. Postal workers who are filing for Federal Disability Retirement through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, the subtle reverberations and almost imperceptible ripples from each case can never be underestimated.  The character of a case can only be properly compared by taking quantum leaps to cases from years ago; but clearly the benefits derived from prior cases, and precedents set from prior expansions of legal principles, cannot be denied.

The general thought is that individual cases represent merely a single raindrop in the expansive oceans of legal turbulence; but it is the individual case which can influence the compendium of legal principles through the unique argumentation of a previously unthought issue, brought in a light untold; viewed at an angle unstated.

Federal Disability Retirement is a parcel of law in a patchwork of quilts still being sewn; and each Federal or Postal employee who seeks to enter into the universe of laws, legal criteria and evidentiary significance, unintentionally walks into a cauldron of Federal Disability Retirement authorities which engulf and encapsulate statutes, regulations, case-laws and underlying legal principles.

How one uses them; to what extent one responds to the Standard Forms, which includes SF 3107 (for FERS) and SF 2801 (for CSRS and CSRS-Offset); and SF 3112 (for all three, FERS, CSRS and CSRS Offset); which evidentiary compendium is utilized; and the extent of legal argumentation and tools assuaged; all make a difference in expanding the significance of an individual case upon the greater universe of the feudal castle originally surrounded by a moat for protection, but where the guardian lowers the drawbridge and enters into territories hitherto uninhabited.

Sincerely,

Robert R. McGill, Esquire