Tag Archives: can a federal employee retire for disability even if terminated? yes but only one year after termination

FERS Medical Retirement for Mental or Physical Incapacity: Life’s Mess

When guests come over (whenever that will be again under this Pandemic), we close the door to “that” room; the closets are good to hide it; the basement, the garage, the attic — all are considered fair play as “storage areas” to hide the messes we all have.

Then, there is life’s mess — you know, those categories of living which cannot be neatly arranged, stuffed away, hidden aside or trained to behave.  Perhaps it is one’s spouse or child; taxes; parents; resentments yet remaining with one’s childhood; a trauma experienced; or a medical condition suffered.

It is that part of one’s life which simply cannot be a part of the main or central theme of one’s life.  And so we stuff it into a metaphorical closet, close the analogical door or box it up into a mental category with a tag of, “Not going to deal with it right now”.

Yet, somehow, the door to that room blows open suddenly; the closet is peeked into by a nosy neighbor; the attic becomes infested with rats and so we are forced to clean it up; the basement becomes flooded and we suddenly have to “deal” with it; or the garage becomes so stuffed with the messes of life that we can no longer ignore it.

Life’s messes are ultimately unavoidable — precisely because, no matter how much we want to compartmentalize life’s mess, it is, after all, part of one’s life.

So are medical conditions.  As such, for Federal employees and U.S. Postal workers who suffer from a medical condition such that, as a part of one’s total life, it is that “messy” part which one wants to hide away, Federal Disability Retirement is the option to clean up life’s mess.

Contact an attorney who specializes in OPM Disability Retirement Law and begin the process of cleaning out the closet which constitutes life’s mess.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Disability Retirement: The Swing of Things

How do you explain such an idiom to a foreigner?  How do you explain it to yourself, or to a friend or family member?

It is a phrase which is often used, rarely considered, and never questioned.  We say such things without thought and, if it fits the context, no one ever pauses or stops to question its applicability.

The Holidays are over; people have been on a somewhat extended break; and in returning to work, someone says, “It’ll take some time to get back into the swing of things”.  Others smile, nod in agreement, or utter supportive addendums.

Someone comes back from maternity leave; an elder person enters as a Freshman/Woman in college; a young novice begins a job; to all, someone declares, “It may take some time to get into the swing of things.”  All appropriate applications?

A person has been working at a job for over 2 decades.  Someone says audibly in the middle of the day, “It takes time to get into the swing of things.”  People look up quizzically.  An inappropriate application?  But why?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, is the idiom, “It is difficult to get back into the swing of things” appropriate?

If not — both because there are no potentialities for ever “getting back” what has been lost, and because the medical condition has gone beyond the ‘difficult’ and into the ‘disabling’ stage — it is time to consult with an OPM Disability Attorney who specializes in Federal Disability Retirement.

The “swing of things” must now be something different from your current Federal or Postal job.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement under FERS: Know Thyself

As to the familiar saying — of “knowing one’s self” — what can it possibly mean?  The saying, “Know thyself”, was inscribed on various temples in Ancient Egypt and was known to be one of the Delphic maxims.

Socrates, of course, taught a variation of the statement, contending that the “unexamined life is not worth living” — but the question which immediately comes to the fore is: At what point do we examine ourselves?  Is it a daily, continuous engagement?  Do we wait until we reach various stages of our lives before proposing such an examination?

For most of us, we don’t have the time or energy that Socrates had — of constantly stirring up trouble and pestering and peppering this person or that with questions that are meant to confound, confuse, irritate and provoke; and to examine one’s life is to constantly ask questions which we may know not the answers to.

Is it the questioning itself which is so important (one might posit that such an approach to life is precisely what Socrates himself believed)?  Were the questions posed by Socrates actually answerable, or were they just rhetorical flourishes meant to undermine the accepted, normative conclusions of the day?

To that extent — of questions without necessarily expecting any definitive answers — perhaps if Socrates were to appear in this age, he would be overjoyed with the way in which we live today: of therapy accepted as the modality of self-examination; of the explosion of “self-help” books and the payment-for-services of “life coaches” and “experts” on “living”.

Ultimately, “knowing thyself” is an endeavor that has no boundaries and cannot expect definitive answers, precisely because the “self” is an ever-expanding phenomena and “knowing” is never a static activity.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition is preventing the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the maxim of “Know Thyself” is an important element in making a decision concerning Federal Disability Retirement.

You must know what your job is; what your physical or mental capabilities are; and whether you can continue on in the job that you hold.  Further, it is the maxim itself which should lead you to consult with a Federal Disability Retirement Attorney, that is, a lawyer who specializes in preparing, formulating and filing an effective Federal Disability Retirement application; for, in the end, to know thyself is to gather knowledge from all sources in an effort to “know” and to clarify the boundaries of “thyself”.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Claims: Hypocrisy

What is it about carrying about one’s state of existence with the knowledge that there is a dichotomy between that which we declare and what we secretly harbor, or between the words we convey and the actions we engage?  Is it likened to the adage of, Do as I say, not as I do?  Why do we so relish with a sneer when failure of moral dimensions become exposed — of a priest who is “caught in the act”, the preacher who is seen to embrace episodes of moral turpitude; a moralist who denies the obvious inclinations of human desire, or the purist who pounces when the mere tinge of impurity spreads its imperfect wings?

Hypocrisy abounds, and has always throughout history, and the louder the volume of protestations, the harder the fall as the chasm between reality and the theoretical purity of ivory towers only reveals the baseness of human frailty.

For Federal employees and U.S. Postal workers who feel like hypocrites because of a medical condition that continues to be denied, hidden and overcome by sheer will of concealment, there often comes a time where fatigue simply catches up to the fear of being “found out”.  No, it is not quite the same as your run-of-the-mill hypocrisy, like the preacher who falls from grace; but the tension is still there, nevertheless, and it is just as real as if your moral failings suddenly become unconcealed.

Federal employees and U.S. Postal workers who have to “hide” their medical conditions and act “as if” everything is fine and dandy, ultimate pay the same or similar price as the hypocritical moralist who walks about with a puffery undeserved: the anxiety that continues to grow and fester remains so and grows beyond a bearable state of concealment.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the first step in an admission of “failure” — but more importantly, of turning that failure into a success, by shedding the cloak of hypocrisy and facing the reality of a medical condition that needs priority of attending, in order to regain that balance that should be first, foremost and in the front of the proverbial line: One’s health.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Retirement: Thinking

What constitutes it?  What is the evidence that it was engaged in?  When a person is charged with “premeditation” in the perpetration of a crime, and therefore ascription of full responsibility is used to convict and assign a greater length of incarceration, what methodological intricacies are involved?

Take the following hypothetical:  A man walks into a candy store and grabs a Snicker’s Bar, and runs out of the store without paying for it.  He is nabbed.  At the trial of the matter, the prosecutor gives the following summation to the judge:  “Your honor, this man clearly thought about it.  He entered the store, looked about, and deliberately took the Snicker’s Bar and ran out without paying, knowing that he did not pay it — otherwise, why would be have run?  Indeed, when the police caught him, he yelled, “I was hungry!”  That statement alone shows that the man knew he had not paid for it, for it was an admission of a motive, and thus, it is a clear indication that he thought about stealing it, walked into the store and with criminal intent stole the candy bar.  Only the death penalty would be appropriate for one with such premeditative intent, as he is a danger to society!”

Now, contrast this with the following:  The Candy Store’s automatic door opens, and an animal — a neighborhood dog — saunters in, sniffs about, and no one really notices.  The dog grabs a Snicker’s Bar, gobbles it.  Passersby watch.  The store’s owner notices, laughs, shoos the dog out the door.  Why do we not think that the dog “thought” about it?  Why is “thinking” ascribed to the human being, but not to the animal?  What is it about the actions of the two species that differentiates them?  Does the mere fact that we able able to speak, formulate words and convey thoughts, whether pre-or-post action confirm that any extent of reflective processes occurred?  Is the process of “thinking” always productive — i.e., leads to actions that are fruitful, or is much of it simply an insular activity that results in no great consequence?

For Federal employees and U.S. Postal workers who are “thinking” about filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the key to “thinking” about it is to take the next step and act upon the thought.  People often think that thinking is a productive activity, so long as it remains active and continuous.  But thought can also negate and prevent, and too much thinking, or not enough, can often become an obstacle to the necessary next step.

In order to prepare, formulate and file an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, the key to productive thinking is not merely to engage in it as an insular, solitary activity, but to have the consultation and advice of an attorney who specializes in Federal Disability Retirement, lest merely thinking about it leads to an unthoughtful act that leads one to believe that the very thinking itself was thoughtless.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: The legacy

It is something that we leave behind.  Yet, unlike a wallet, a watch, a piece of jewelry or a troublesome child better left forgotten, we don’t have an opportunity to go back and get it.  We say of that laundry list, “Oh, I need to go back and get it” (except maybe of the last in the list, whom we hope will be adopted into a kindly family and simultaneously also leave the parents behind); but not of the legacy.

No one ever says of that, “Oh, I left my legacy behind, and I need to go back and get it.”  Instead, it is intimately bound up with mortality, our sense of the future minus our own presence, and a dominant desire and urge to “leave a legacy” behind, as if to do otherwise will diminish the memory of one who has now departed, will soon be forgotten and will populate the mass of unknown graves without tombstones littering the earth beneath ivy and weeds that overwhelm.

It is often money itself, which is soon spent and forgotten; or a special “something” that one remembers another by, which is placed in a drawer and also quickly, easily and without conscience soon forgotten; or, perhaps a more lasting imprint of some residual effect – a poem, an antique car (otherwise referred to as a “junk heap”), or the family farm.

Whatever the legacy left leaving lasting latitudes of lost loneliness lacking love’s longing for lengthy locutions (sorry for the alliteration, but it cannot be helped), it is something that is left behind, cannot ever be retrieved, and may or may not have a lasting impact upon the person or groups of people for whom it is intended.

Then, one can stretch the meaning to include a more modern interpretation of the concept of a legacy – of one’s own.  That is a paradigm of a “legacy” in the more common usage – of a memory of one’s life, of what kind of a legacy will one leave that will be remembers by others – that you worked yourself to death and didn’t spend the time with your kids (refer to the above, first sentence herein, where that may be a blessing), your wife or friends?  What is the point of an empty legacy of that sort?

For the Federal employee and U.S. Postal worker who begins to think of one’s life, health, future and legacy, especially because a medical condition has begun to impact one’s ability and capacity to continue in the Federal or Postal career of one’s choice, the consideration of preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often and intimately tied and bound to the fragile nature of a medical condition and its impact upon one’s life.

Struggling daily with a medical condition while trying to contend with a contentious Federal Agency or Postal Facility is not only “not fun” – it is, moreover, a futile exercise that diminishes the legacy of one’s life as a greater whole.

The “legacy” one leaves behind, indeed, is not like a wallet, a watch, or a piece of jewelry; but it is like a child left behind, where regrets for the future may yet be corrected, and for the Federal or Postal employee who needs to focus upon one’s health and future orientation that can no longer include the current job one occupies, preparation of an effective Federal Disability Retirement application, to be submitted to OPM, may be the next best thing to a legacy yet to be considered.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Civil Service: The Clock

It is an interesting device.  We can try and project back to a time of its non-existence, or at least when not every household owned one.  What could it have been like?  Where the hour was guessed at by the position of the sun – or was that not even part of the thought process?  Did the sun, dawn, dusk and twilight merely present a foreboding for a different paradigm?

Certainly, minutes and seconds likely had conceptual meaninglessness, and everyone worked, played and lived for the “moment”, without great regard or concern for the next day, the following season, or a decade hence.  Ship’s captains had a greater sense of future foreboding, though not necessarily of time, but of oncoming storms or changes in the currents; farmers lived season to season, and fretted as they still do about droughts or floods that might destroy crops; but as we entered into modernity, it was the grind of the clock that set the day for the city dweller, where payment for labor earned was remitted not by the rising and setting of the sun, but by increments of hours, minutes and labor beyond the darkness of a day ended.

At what point did time entrap us into a thought-process of expectancy that destroys the joy of a living moment?

If Friday provides a needed anticipation for a weekend of rest and repose, we immediately destroy and capacity to enjoy it by looking at the clock and realizing how many hours and minutes have passed by, and further denigrate our ability to appreciate by calculating the remainder of time.  We can become obsessed with the clock – its ticking diminution by projecting the decrease; the foreboding of what is yet to come, though it is merely within our minds; and the constant checking of incremental living of a life as against the clock that rules.

Medical conditions tend to remind us of the clock; or, perhaps it is the opposite, where the clock reminds us of our mortality when we suffer from a medical condition.  For Federal employees and U.S. Postal workers who suffer from a medical condition, such that preparing a Federal Disability Retirement application may become a necessity, the clock can serve as both a reminder as well as an obsession of foreboding thought processes.

Yes, the clock is likely ticking in a proverbial sense in terms of the Agency or the U.S. Postal Service having the patience (does such an animal exist for either?) in trying to “work with” the medical condition (a euphemism often interpreted as, “You better become fully productive soon, or else”), but in a more real sense, the Federal or Postal employee must make a decision at some point as to the prioritizing of one’s health as opposed to the positional elements of the job which is increasingly becoming more and more difficult to fulfill.

By law, the Federal or Postal employee who is released, separated or terminated (yes, there is a distinction between the three, but for the Federal employee of Postal worker, not enough of significance to define them here), the Federal or Postal employee can file for Federal Disability Retirement within one (1) year of such separation from service.  Certainly, in that instance, the clock begins to tick, and not just in a proverbial sense but in real legal terms.  One need not, however, wait for such an event to realize the clock’s significance; watching the clock as the medical condition continues to deteriorate, is reminder enough that time rules us each day whether or not we succumb to it, or not.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Poverty of One’s Soul

The locus of one’s soul has been much debated throughout the history of Philosophy; Descartes, of course, took the incommodious step of actually identifying the central point, but left some “wiggle room” by declaring it merely as the “principal seat of the soul” (is there a secondary, back-seat area for the soul, as well?), but of course, the French can be excused for such seemingly drunken issuances of localities, when belief in supposedly impenetrable defenses can provide for a mirage of security.

The question itself is non-sensical, if one pauses for a moment of reflection.  For, as the soul is not part of the physical universe, to ascribe to it a point of defined location is to misunderstand the conceptual paradigm itself.  Rather, it is the state of the soul which is of greater relevance, and whether enlivened, invigorated, or impoverished.  What deadens the soul?  From Plato to Scruton, the argument can be made that music is an important component in the cultivation or demise of soulful activity.  Repetition of meaningless and monotonous actions, engaged like Camus’ Sisyphus, can also inflict harm; but even he, along with other French existentialists, found meaning in the absurd.

Medical conditions, obviously, can have a profound impact and effect upon the soul.  For Federal employees and U.S. Postal workers who find that a medical condition begins to prevent one from performing one or more of the essential elements of one’s positional duties, the relationship between “meaning” and “employment” can remain the single most significant obstacle to filing 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.

For, it is often fear of the future and the unknown elements which pervade the dark recesses of nightmares abounding in the subconscious of one’s mind, deep in the caverns of sleep, or interrupted, non-restorative slumber, where childhood visions of dancing daisies and carefree summers have long been replaced by the reality of adulthood, ogres and goblins as real today as when the child once watched with innocent eyes; it is from those vestiges that grown men weep and feel the tiny droplets of fear, and we call them “insecurities”.

Filing for Federal Disability Retirement benefits through OPM is indeed a large step into the unknown.  Poverty, let alone poverty of one’s soul, is a fear of real proportions in these uncertain economic times; but in the end, one’s health should be the priority of ultimate concern, precisely because health engenders the continuing viability of the soul, and for the Federal or Postal worker who fears for one’s future, to prepare, formulate and file an effective Federal Disability Retirement application is a positive step towards securing a safety net to further prevent the impoverishment of the soul, whether located in the pineal gland, or in the ethereal universe of a childhood summer long gone and lost in the innocence of daisies returned to the bosom of the earth.

Sincerely,

Robert R. McGill, Esquire