Federal Employee Medical Retirement: The Quiet Walks of Einstein and Godel

The name of the former evokes an immediacy of recognition coupled with awe; of the giant in physics and intellectual greatness beyond ordinary excellence. The latter is lesser known, but within esoteric circles of academia, particularly in mathematics, of equal stature in accomplishment familiar in his chosen field; of the intellectually formidable Incompleteness Theorem.

The two knew each other, and enjoyed the company of one another. They took long walks together. One wonders what Einstein and Godel spoke about. Of theoretical constructs and intellectual exercises so beyond the capacity of common people, that a mere snippet of eavesdropping would explode the mundane mind’s limited ability to comprehend. But, just as likely, they may have conversed about ordinary events, of wars and rumors of wars; of cars, classics and carpeted hallways in your home and mine. It was a time of quietude; of solitude between two great minds; of ordinary walks by a pair of extraordinary men.

Such paths of convergence enlivens one’s imagination, of what was, and could have been. And for lesser minds (which includes all of us), the need for a quiet walk is a human desire. Yet, despite his brilliance, Godel suffered, and suffered greatly. Perhaps the proportionality of greatness and suffering is to be expected.

For Federal and Postal Workers who suffer from a medical condition, it does one well to pause as to the lessons which can be learned: from suffering; of the need to find a respite from such human turmoil; of finding a path; and of friendships forged. Often, when a medical condition explodes upon the horizon of one’s life, it is important to find a pathway out of one’s traumatic microcosm.  Filing for Federal Disability Retirement benefits, whether one is under FERS or CSRS, allows for a rehabilitative period for the Federal and Postal Worker — if only to begin a second vocation in the private sector after a partial recovery from the medical condition which cut short one’s chosen Federal or Postal career.

All Federal Disability Retirement applications are ultimately filed with the U.S. Office of Personnel Management, and in order to qualify, one must prove by a preponderance of the evidence one’s eligibility for the benefit. And in attaining the benefit of Federal Disability Retirement, perhaps the focus of the Federal Disability Retirement annuitant can turn to a less troublesome walk down a path of solitary quietude. Or, if one is lucky, to find a soul mate, as Einstein and Godel surely were to each other, to enjoy the conversations which life’s moments of friendship and warmth are meant to embrace.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Excuses

Language is the vehicle by which self-justification is established.  Think about it; if we assume that there is a conceptual void in the mind of other animals, that the consciousness of a squirrel, a raccoon, an owl, etc., is devoid of language as we employ it, then how can procrastination or delay occur?  It is precisely language and the tools of conceptual constructs which provide for an “excuse” for response to a stimuli, and allows for human action to be prevented.

The will to act or refrain from acting is often considered the hallmark of higher intelligence; but intelligence itself can be a detrimental quality, allowing for self-destructive actions resulting from a string of illogical but persuasive reasonings.  Where lack of intelligence provides for the immediacy of response to a presented encounter, so the presence of it in elevated forms will allow for justifying delays to such responses, even if it means a magnified danger to one’s own survival.

Excuses and self-justifying declarative sentences allow us to maintain a false sense of security by providing foundations for continuing on a path of self-destruction.  That is precisely why the Federal and Postal employee who suffers from a progressively deteriorating medical condition can maintain a semblance of normalcy despite physical and cognitive indicators to the contrary, sometimes for months, and even for years.  But pain and cognitive dysfunctions have a funny way of reminding the body and mind of danger signals.  Brain synapses communicate the growing danger, and they continue to alert until the time comes when no more linguistic justifications will maintain that false sense of security.

When that time comes, the Federal or Postal worker must consider the option of filing for Federal Disability Retirement benefits, whether under FERS or CSRS, through the U.S. Office of Personnel Management.

There is always time for being excused, and sometimes it is well-justified; then, there are other times when the exhaustion of excuses comes to a crisis point, and one must consider a different path.  That “different” path is the need to have a restorative period of recuperation in order to attend to one’s impending medical condition.  Federal Disability Retirement, under FERS or CSRS, is just that allowance for recuperation, and is a path of difference for many Federal and Postal employees.

There are excusable considerations, which last for a time; but time is a linear movement of bodies, and on the universal scale of progression, there comes a point when both time and excuses run out their course of self-justifying efficacy.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Response to the Denial & Properly Reading the Signs

Responding to an OPM Disability Retirement application denial is fraught with dangers of addressing the right issue; whether such a response does so adequately; and the determination of the extent of what constitutes “adequacy” in such a response.  Properly reading the “road signs” is the key to a successful response.  For, to begin with, cogency and brevity are not characteristics which are common in an OPM Disability Retirement denial.

The U.S. Office of Personnel Management utilizes multiple templates in referring to the sufficiency of legal and documentary proof, and will often shift arbitrarily in declaring why, and to what extent, a Federal or Postal disability retirement application did not meet the standard of proof required, which is governed by a “preponderance of the evidence”.  They will, of course, often cite various legal “criteria”, and number them accordingly, as in:  “You did not meet Criteria Number 4 in that…”

In responding, it is important to address the critical issues which OPM regards as central to its decision, and as all roads lead back to Rome, so it is with a response to a denial from the U.S. Office of Personnel Management in a Federal Disability Retirement case: All roads lead back to the original nexus of whether a Federal or Postal employee can perform all of the essential elements of one’s job within the context of the severity and extent of one’s medical conditions, and to the issue of whether or not a “reasonable” accommodation could have been provided by the individual’s agency.

Broken down into its foundational components, the pathways can be ultimately discerned, and the proverbial fork-in-the-road leading one to the right way back to Rome will often depend upon how the traveler interprets the signs.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement for Civilian Federal Employees: A Path to Consider

Of course, when a person begins his or her career with the Federal Government, the consideration of a Federal Disability Retirement benefit does not enter into the equation of accepting the position.  Most Federal and Postal workers would rather work and be healthy, than to resort to preparing and filing for Federal Disability Retirement benefits.  

Indeed, the problem with Federal and Postal workers is not that the option of Federal Disability Retirement is considered or taken; rather, the problem lies more in the fact that it is an option of last resort — which is probably how it should be, however necessary such an option must be for many Federal and Postal Workers.  But at some point in the linear continuum of a person’s career, where health and work collide and one must make a choice between the two, it is too often the case that the Federal or Postal worker has passed the point of “reasonableness” in preparing and filing for Federal Disability Retirement benefits.  

It is rare that it is ever “too late” to consider filing for Federal Disability Retirement benefits (unless we are talking about missing the Statute of Limitations in filing); but most Federal and Postal workers, whether from a sense of duty, commitment, or sheer stubbornness, will work beyond the point of a well-reasoned and informed state of health or self-preservation. But however and whenever that point of finally choosing the path of preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, comes about, one should prepare one’s case carefully; formulate the disability retirement application with care and foresight; and file it in a timely manner.  

When the time comes, and the path to a recuperative period of one’s life is finally considered, it should be done “right” — as much as one has invested in the effort of work itself throughout one’s career.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: How One Perceives a Case

How one views a case often determines the approach which is undertaken.  Thus, if the belief is that preparing, formulating and filing for Federal Disability Retirement benefits is merely a simple administrative process which requires the compilation of the medical documentation, answering some questions and filling out some forms, then such a belief will determine the extent of preparation of a Federal Disability Retirement application.

The other side of the perspective, however, is held by the U.S. Office of Personnel Management.  OPM views every Federal Disability Retirement application based upon a multitude of criteria:  legal sufficiency; consistency of statement-to-evidence; weight of medical documentation; analytical comparison to what the agency states; a review of the composite of forms, documents and statements made, etc.

Is OPM’s approach an adversarial one?  One often hears that such administrative and bureaucratic processes are “non-adversarial” in nature, but what exactly does that mean?  If the perspective of the Office of Personnel Management is to apply a legal criteria in order to determine the legal sufficiency of a Federal Disability Retirement application, doesn’t that make it into an adversarial process?

Euphemisms are invaluable tools in the utilization of language as a means of communication; but words ultimately must have a static meaning — at least for the duration of the sentence to be uttered.  That being the case, one must conclude that how one perceives a case should be based upon the meaning of language used in describing the case; and the meaning is quite clear in preparing, formulating, filing, and awaiting a decision of a Federal Disability Retirement application from the U.S. Office of Personnel Management, whether under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Solutions

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, it is important to focus upon the solutions to the multiple obstacles which necessarily accompany the preparation of a Federal Disability Retirement packet.

Part of the inherent problem for the Federal or Postal worker who is contemplating filing for the Federal Disability Retirement benefit, is of course the medical condition itself.  It is difficult enough to maneuver through the potholes, valleys and pitfalls of life which one must face on a daily basis; it is exponentially pronounced when one must do so with the hindrance of a physical, mental, or emotional (or often all three) medical condition.

Thus, if the problem at the outset is to secure the support of a doctor, because the doctor is unwilling to provide a medical narrative report, then the solution is to find another doctor.  This often happens if the originating injury occurred as a job-related incident and the doctor’s services were obtained through OWCP; or, sometimes, one’s own lifelong treating doctor simply becomes weary of all of the administrative paperwork which is entailed by the process itself.

To “find another doctor”, of course, is an easy enough statement to make; to actually do so may entail energy, effort and a level of focus which involves much beyond what one wants to expend.  But what choice does one have?  Repetitively reviewing one’s obstacles contributes little to the advancement of one’s cause; focus upon the solution, not the problem, for it is the former whichjavascript:; leads one on a path of recovery, not the latter.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: The Applicant’s Mindset

“Motivational Speakers” will often focus upon the “mindset” of the audience, and argue that a change of attitudinal perspective is the “key” to success in this or that endeavor of life.  Whether true, how much of it is true, and whether a generic, universalized approach can be effectively tailored for a particular individual is always questionable.  

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, however, it is important for the applicant to have a correct “mindset”, and to approach the entirety of the administrative process — its legal hurdles, the regulatory criteria which must be met, the gathering of the evidence, confronting the issue of the Agency’s alleged attempts at accommodation, etc. — with an approach that, indeed, Federal Disability Retirement is what is desired and is set as the “telos” or the end goal.

Often, because the Federal or Postal Worker is still beset with “second” thoughts and innate conflicts of still wanting to stay on the job or, more often, hoping that somehow the medical condition will resolve itself and this unpleasant episode of life can be overcome, that the mindset of the Federal or Postal worker prevents the efficient progress of preparing, formulating and filing a Federal Disability Retirement application.  Such internal confusion or innate conflict can stall a Federal Disability Retirement application.  

Whether consciously or subconsciously, it is important that, once a decision to move forward has been made, the Federal or Postal worker intending to file for Federal Disability Retirement benefits resolve any doubts or conflicts, and to aggressively move forward.  

Don’t delay and procrastinate every time the Agency appears to act compassionately — they will not be able to accommodate you.  Don’t pause the forward progress of a Federal Disability Retirement application because you had one good day at work — the profound fatigue and need to rest and recuperate is a condition of chronicity over time, and not just an episodic event.  Federal Disability Retirement is not a death sentence; it is a sentence to allow for a further narrative of life beyond a particular type of job.  

Poetry is not just a single line, but a melody created through a compendium of conceptual depictions of beauty.  Life is not measured by one’s medical condition upon a particular segment of one’s life, but over the course of a lifetime.  

Sincerely,

Robert R. McGill, Esquire