Postal and Federal Disability Retirement: Real Things, Once Upon a Time

One wonders the precise point in historical time when Man decided to consciously escape the harshness of the objective world.  It is perhaps when Kant identified the bifurcated world into the phenomenal world which we experience through sense perception, as opposed to the “noumenal” universe beyond our ability to perceive or even experience.  By creating such a distinction, he at once solved the problem of metaphysics by banishing that which we cannot experience, into a segmented concept of irrelevance.

But within the perceptual world of our daily experiences, we then went on to create other worlds — ones which included virtual realities.  At first, one had to travel elsewhere, to video arcades and malls, in order to escape for a brief moment into the world of other galaxies and wars fought within the constraints of 2 x 3 screens. Then, such parallel universes were allowed into our homes through video monitors hooked up to television sets and the like; then to desktop computers, and the rest is now ancient history.

Our escapism into the virtual reality within the perceptual reality of our categorical constructs, continues with each breathtaking “new” and “better” invention, allowing us to lose ourselves into the fantasies of our own making.  But the harsh reality of the world around us does not diminish. When, for example, we are hit with a medical condition such that no amount of escapism works to make the impact disappear, then we have no choice but to directly confront and engage the reality of life.

For Federal and Postal employees faced with the reality of the medical condition, such that the medical condition impacts the ability to perform the essential elements of one’s job, it becomes important to confront such a reality by gathering all of the useful, pragmatic, and helpful information in making the proper decisions for one’s future.

Filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS; how that impacts with one’s age, number of years of Federal Service, etc., must all be taken into account in making a proper decision.  Such a time as now, when one is surrounded by parallel universes of playful electronic media, must be set aside in order to “deal” with the reality of one’s situation.

Virtual Reality is just that — not quite real.

The reality of the real is what must come first, and for the Federal and Postal employee who must consider filing for Federal Disability Retirement benefits, the historical context of the Kantian separation of our two worlds merely voices an interesting moment in history, but one which has little to no impact upon one’s everyday world of realities.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: The Flashpoint

The flashpoint is the temperature at which an organic compound becomes combustible; during the entire time building up to that point, the rising temperature in combination with the chemical reactiveness of the substance was all the while sitting in preparation for the point of ignition; were there options to pursue prior to the point of ignition?  If there had been a change in chemical make-up, then perhaps the point of temperature-to-combination of substance would have altered, where either a higher or lower flashpoint would occur; or, the rise of the temperature, and the rate of acceleration, could have been changed.

Whatever the needed changes in order to avoid the flashpoint, however, one thing is clear:  the options are limited, and any altered states would merely delay the ultimate event of a flashpoint occurrence.

For Federal and Postal Workers who suffer from a medical condition, such that the medical condition impacts the performance of one or more of the essential elements of one’s job, the flashpoint of filing for Federal Disability Retirement benefits, whether under FERS or CSRS, through the U.S. Office of Personnel Management, is an inevitability which leaves the Federal or Postal employee similarly limited options.

One can continue in the mode of life which one finds one’s self in: of the daily treadmill of suffering through the workday with pain, profound fatigue and progressively debilitated emotional turmoil.  Or, one can wait for the Agency to initiate an adverse action, such as a Performance Improvement Plan (PIP), periodic suspensions or reprimands — or removal.  Or, one can begin to prepare, formulate and file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Limited options do not necessarily constitute a flashpoint of negative consequences; yes, a fire bursting in a home is a tragedy, but then there are controlled fires and even naturally occurring ones in fields of decay which benefit the environment.

It is thus ultimately up to the Federal or Postal employee to determine the point of combustibility, and therefore the timing of the event identified as the flashpoint.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: The Unknown Resulting from a Partial Answer

If a question is not fully answered, is it a lie or a mere oversight?  If one places reliance upon a partial answer, was it because the question was not properly posed, or the answer only fragmentally provided, or as a result of a deliberate attempt to mislead?

Everyone has experienced the process of “switch-and-bait“, where the sales pitch is declared as one never matched in the history of the world; but upon arrival, the original declaration of the event was merely the “bait” in order to complete the “switch” to persuade the attendee to accept another product.  In such circumstances, it is indeed fortunate if the only real consequence was a wasted trip, and one can turn around and walk out.

In law, knowing only the “partial answer”, or the incomplete set of facts, can lead to irreversible consequences.  For Federal and Postal employees, whether under FERS or CSRS, 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 important to receive full answers — from all sources — in order to make the right decision for one’s future.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is a serious step for the Federal or the Postal employee’s future. As such, the information which one relies upon in making that important decision — from what the process entails, to the consequential interplay between FERS & SSDI and a multitude of other questions and answers — should be fully understood.

If a source of information seems incomplete, there is often a reason, and sometimes an underlying motive. Beware the buyer; always seek an authenticating source.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: The Misinformation Center

When a government agency provides wrong information, should one be surprised?  Reliance upon a source of information is always a problematic issue; further, there is always a presumption that information issued by the original source should on its face be reliable.

Information obtain from the U.S. Office of Personnel Management on issues of retirement, disability retirement, collateral issues of survivor’s benefits, etc., should by its very nature be reliable because that is precisely the very agency which mandates the regulations and handles all matters concerning Federal retirement, disability or otherwise.  But more and more, phone calls to the U.S. Office of Personnel Management have resulted in misinformation being provided.

There is, of course, always the possibility that the caller misinterpreted what was stated over the telephone; but when such occurrences become regular encounters, one begins to wonder if such a simplistic explanation can adequately satisfy the curious mind.  Unfortunately, there may be a better explanation:  in an agency which is overworked and understaffed, replies to inquiries may come from unreliable sources who are either inadequately trained, lack the necessary information, or simply are discourteous enough to give any answer thought of to get rid of the caller.

Ultimately, the best answer one may rely upon is that which may be subject to accountability — the written word.  For, if information provided in written format on a website — whether on the official agency website, or on an attorney’s website — is relied upon, such reliance cannot later be retracted or dismissed with, “I never said that”, when it shows plainly as the day is bright that the organization or entity is the responsible agent for the information provided.  In the end, a source of information must always be verified based upon multiple elements:  Reliability of the agent; motivation for the information; longevity of accuracy; reputation for having expertise in an area; and multiple other checks and balances.

Making a phone call is a dangerous venture to begin with; for, the voice on the other end is merely that — a faceless voice with no accountability — and the source of information may be coming from a parallel universe of the absurd, called the “Misinformation Center“.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Someone Told Me

The rumor-mill continues to thrive, is alive and well; and so long as human beings remain social animals who enjoy the congregation of a mixture of many in formulating a group to gather, interact, receive tidbits and convey barbs of subtle and not-so-subtle criticisms, information, and conveyance belts of commentaries, the mill which produces a vast array of misinformation will remain intact and full of life.

It is important before one initiates or engages in any process of life, however, to distinguish between information which is useful; that which is accurate; and that which is superfluous and perhaps misleading. The statement which begins with, “Someone told me that…” or “I heard that X is…” removes the responsibility of the information by ascribing it to a third party unknown.  But such ascription is ultimately irrelevant, precisely because the information itself, and the need to determine its accuracy, significance or harm, is what is at issue.

In preparing, formulating, and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is indeed important to ascertain the accuracy of information — as to the required timeframes for administrative filings; for the substance of the information to be submitted; the required and necessary forms which must be completed; how each stage is to be responded to, etc.  Whatever the source of the information, it is ultimately the essence of the information itself which is important, and the source of such information is secondary.

Remember — as Federal Disability Retirement under FERS or CSRS, both for Federal and Postal employees, is an administrative process initiated out of necessity — it is important to satisfy that need by going to a source from which that spring of satisfaction originated.  For, it is in the origin that one meets the essence of a thing.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: The Verification Process

The process for verifying information is a procedural matter which is applied with a systematic methodology.  Verification is essentially a comparative analysis — comparing what is said in one sector of information, with claims made in another.  Consistency of information and claims is therefore what is crucial.  This general overview is applicable in nearly all areas — of law, of marketing, of scholarly endeavors, etc.  

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to maintain a consistency of claims and assertions.  Thus, there should be a logical and sequential order in the approach of putting together a Federal Disability Retirement application.  What is so surprising is how many Federal and Postal employees filing for Federal Disability Retirement benefits will prepare and submit an Applicant’s Statement of Disability independent of a written medical report from one’s treating doctor.  

Assumptions and presumptions should be avoided at all costs (yes, and the cost of assuming or presuming can be high, indeed, with the consequence of a denial from OPM).  Of course, consistency and verification of information is applicable not only in the preparation of a Federal Disability Retirement application — the same methodology of verification should be applied as to claims by those who represent Federal and Postal employees.  

There is a lot of information “out there”, but whether and to what extent such information is accurate, useable, or even relevant, is a question to be asked and answered by the Federal or Postal employee preparing a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Unlike the Superbowl

Since this week requires some profound analogy to the upcoming game between Baltimore and San Francisco, we must submit to the conventionalized mandate.

The Superbowl is an “event”; Federal Disability Retirement is similarly an event, albeit one which requires foresight, planning, and a purposeful step to engage in a change from daily living. There — the analogy has been made and satisfied. Moreover, in truth, most issues which surface in daily life are not based upon expectations of an upcoming event.  

The Superbowl is something which NFL players strive for as a goal; a career-ending injury or medical condition is more akin to what a player suffers on the pathway to that goal.  For Federal and Postal employees, a quiet, consistent and progressive route to a satisfying career is what is sought after.  For many, however, such a solemn and honorable goal is cut short because of unforeseen circumstances — either a physical medical condition, or a psychiatric condition which insidiously begins to disrupt and destroy.

Remember, however, that Federal Disability Retirement is not a complete surrender to a medical condition; that is precisely why the U.S. Office of Personnel Management allows for a person on disability retirement to engage in another vocation, and to work and earn income up to 80% of what one’s former position currently pays.  

The Superbowl is a one-time event per year; beyond that, there are 364 days of daily living which everyone must consider, including the Federal and Postal employee, as well as the star NFL player. Just something to think about, and to maintain a rational, balanced perspective.

Sincerely,

Robert R. McGill, Esquire