Tag Archives: civil service opm medical retirement lawyer

OPM Medical Retirement Lawyer: Life’s Series of Decisions

As activity is the fingerprint of life, and inertia denotes death (or at least a somnolence of sluggishness), so the parallelism between thought and life follows the logic of movement versus progressive decomposition.  Thinking, according to Aristotelian tradition, constitutes the essence of human-ness.  Other species may have characteristics which define and distinguish; for the human animal, it is the process of thinking, or thought-engagement, which differentiates and identifies by uniqueness of quality.  Part of that cognitive process involves decision-making.

For all species, this cannot be the essence of being, because such a principle applies to every genus, lest we conclude that determinism is ingrained in one’s DNA.  Predators must decide when and upon what the advantage of a chase will result; frogs must affirmatively choose when to snap that elongated tongue in the split second of time to satisfy its appetite; and men and women must resolve issues short of confrontations engaged in a prior state of nature, to confirm that civilization is indeed a progression of culture and sophistication, and not based upon brute force.

The underlying principles, then, which distinguishes human decision-making from other species, must be some other component; perhaps that of the formulation of a paradigmatic criteria upon which an option is considered.

In the process of thoughtful decision-making, what criteria do we apply?  For Federal employees and U.S. Postal workers who are considering filing for Federal Employee Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, the criteria-based paradigm of choice-making may be limited:  You can remain within the inertia of present circumstances; you can walk away in order to “save” your health, while also partly engaging in the first option (i.e., change into the inertia of a different set of circumstances); or, you can file for Federal OPM Disability Retirement benefits.

If the third alternative is the one opted for, then a series of additional questions and answers must be posed and resolved:  How many years of Federal Service; how long will the process take; what are the chances of success; will my doctor support me in this endeavor; and multiple other queries.  For some of these, further research and investigation will provide the answers; for others, seeking legal counsel, expert advice and general wisdom of experience will be helpful.

In the end, inertia should be disengaged, as lifelessness should never define the essence of a living being; and the thoughtless void which modern society and technological dominance tends to cower us all into, should be pushed back and resisted, like the days of yore of Masada and other uprisings which manifest the destiny of humanity, that life on any planet, Mars or Earth, is indeed a rarity even among a plenitude of apparent activity.

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Disability Retirement: Conceptual Relationships

Word associations are revealing.  When once a word is uttered, the immediate association of another concept provides a prelude to the cognitive perspective of an individual.  Conceptual relationships are forged through upbringing, personal experiences, and memories fulfilled through impact, trauma, significance of meaning, and attribution of value.  The thinking “I” within the subjective realm of a personal universe, is made up of ghosts of the past, goblins of present fears, and gadflies yet to swarm.

Medical conditions, and terms associated with diagnoses and disabilities, whether physical or psychiatric, tend to engender fear and loathing, precisely because of the limitations they impose, the havoc they wreak, and the problems they present.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact the ability and capacity to perform the essential elements of one’s Federal or Postal job, the option of choice to resolve the impending problems of unbalance — of the growing and magnified inability to juggle work, medical care, and physical/cognitive/emotional health — is to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset.

No, it is not a perfect solution.  Yes, it is an option which is final, in the sense that one is retired from the Federal System.  But when alternative courses of actions are delimited within the purview of pragmatic choices, conceptual associations must be tempered within the objective realm of reality.

The moon may well be made of blue cheese, and such conceptual associations can be wrought within the realm of Platonic Forms and cognitive gymnastics; but in the real world, conceptual relationships must by necessity be forged within the iron ore of a witch’s cauldron brewing the germinations for future discourse.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Rocking Chair and the Never-Ending Story

The myth about retirement has long receded; once upon a time, there was an idea, a concept, an ethereal potentiality, of reaching a point of quietude where reflection, dispensing of wisdom, and calm gardening and tending to the passing of time would be the status of choice; but modern life has wreaked havoc upon such a notion.

It was perhaps engendered by the character, Mose Harper (the sidekick of John Wayne) in John Ford’s, “The Searchers”, who only wanted a “rocking chair” at the end of his troubles.  But the never-ending story in these times of modernity, is that one must always claw and fight for maintaining the high standard of living which we enjoy and have become content with.

For Federal employees and U.S. Postal workers who must take an early form of retirement — a Federal Disability Retirement — because of his or her ongoing medical conditions, where the medical conditions no longer allow for the continuation in one’s job because they prevent one from performing one or more of the essential elements of the job, the battle to first prove a Federal Disability Retirement application, then to retain and maintain it, throughout all of the complexities of the bureaucratic and administrative process, is a daily chore and toil.

First, there is the right to get it approved; then, there may be periodic Medical Questionnaires which are issued and which mandate a response; then, if Social Security Disability is approved, the offset between FERS Disability benefits and SSDI must be calculated; then, if you become employed and lose the SSDI benefit because of income, the FERS Disability annuity must be recalculated; then, at age 62, recalculation because the Federal Disability Retirement annuity effectively ends, based upon the total number of years of service, including the time one is on Federal Disability Retirement; and then the need to maintain income sources because of the reduction; and so the never-ending story continues.

Indeed, it is not from the rocking chair which the retiree tells a story, like Mose Harper must have done in his old age; rather, the modern retiree from the Federal sector, whether as a former employee of a Federal agency or the U.S. Postal Service, must tell his or her never-ending story to an empty chair with rhythmic movements to and fro absent an occupant, as the old man remains away, trying to figure out the further complexities of this age of modernity.

Sincerely,

Robert R. McGill, Esquire