Federal Disability Retirement: Vows and Contracts

People take vows for various reasons: vows of silence, as a satisfaction of a prerequisite for initiation into a religious order; vows of marriage, for the union intended for a lifetime of commitment and self-sacrifice; vows of revenge, for a personal vendetta in retribution for actions suffered against one’s self or on behalf of another; and similar vows of unremitting focus until the satisfaction of such enduring commitment is accomplished.  Similarly, contracts are entered into each day, across the globe, between individuals, corporate entities and groups formed specifically for business and personal reasons.

Is there a difference between a “vow” and a “contract“?  On a superficial level, the former is viewed as a “higher order” semblance of the latter.  In a deeper sense, that is not only true, but all the more so — or, in erudite form, a fortiori.  For, to vow is to give of one’s self in totality of being; it is a gift of one’s self, often without any expectation of a similar receiving.

In contract law, of course, it is precisely the comparative analysis of a “consideration” provided and received, which determines the viability and sustainability of the agreement itself.  Far too often, Federal and Postal employees see their commitment to an agency or the U.S. Postal Service as a “vow” in employment, as opposed to a contract freely entered into, and just as freely abrogated when the need arises. This is seen when a Federal or Postal employee suffers from a medical condition and must consider the need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS.

The Federal or Postal employee treats the job as one of a “vow”, as if the significance of clinging on to the position is of greater importance than the detriment manifested to one’s health.  Federal Disability Retirement benefits, offered to all Federal and Postal employees under FERS or CSRS, is merely a contractual annuity accorded based upon the status of the individual as a Federal or Postal employee, and further proven by a preponderance of the evidence.  No vows have been exchanged — neither of the silent type, implicit, nor explicit, and certainly not of an unequivocal or unremitting nature.

Contractual terms are meant to be asserted; and one of the provisions of the “contract” for all Federal and Postal employees, is that when the Federal or Postal employee suffers from a medical condition, such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal job, then eligibility for Federal Disability benefits may be invoked.

To accept a contractual provision is never to take advantage of anything, unfairly or otherwise; rather, it is merely a satisfaction of terms. To do otherwise, and to confuse X as Y, as in mistaking a contract for a vow, is merely to bathe in a puddle of muddle-headed thinking.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: A Wrong Sense of Shame

Having a sense of shame can reveal a heightened level of moral superiority; but as with all things emanating from the Good, those who lack a sensitivity to propriety will take full advantage of a misguided loyalty to ethical conduct.  Work and a duty to one’s vocation is a guiding principle for most Federal and Postal employees.  That is precisely why filing for Federal Disability Retirement benefits, whether one is under FERS or CSRS, is anathema to the Federal and Postal employee.

The committed Federal and Postal employee often has a warped and misguided sense of his ethical duty to work, and will allow for a medical condition to continue to exacerbate and debilitate, at the expense of one’s deteriorating health, all for the sake of commitment, devotion, and high ethical sense of duty to one’s mission for the agency.

Supervisors and managers recognize this, and take full advantage. But the Federal and Postal employee must by necessity understand that Federal Disability Retirement is a benefit accorded to all Federal and Postal employees precisely for the underlying reasons offered: When a medical condition impacts one’s health such that one can no longer perform all of the essential elements of one’s job, the benefit of Federal Disability Retirement is meant to be accessed precisely because it has always been part of the benefits package for all Federal and Postal employees, whether under FERS or CSRS.

Commitment to a mission is indeed commendable; blind devotion at the expense of one’s own health is somewhat less so — unless one counts the sneering approval of agencies who see such sacrifices as mere paths to the slaughterhouse.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Workers: For What Do We Expend Our Lives?

Expenditures can be extracted in a monetary sense; but one can also expend effort, emotions and cognitive exertion, too.  We think too narrowly in terms of financial gain or loss, but in every transaction, there is a cost to be paid in terms of human extraction.

The ultimate question, then, within the context of so much busyness and activity, comes down to a fundamental issue:  For what reason?

Heidegger sought always the question of Being, and noted that most of human activity is merely an excuse to avoid the ultimate issue of our own mortality, and the question posed herein is a close cousin of such a foundational inquiry.  Is it for a momentary respite of quietude?  Is it for a flash of a manic moment?  Does happiness constitute a pause in an otherwise dreary existence?  Is it all worth it to receive a hug from one’s child, or a kind word from a stranger, or the warmth of tongue from a puppy asking for your attention?

There is poetry in life, and moments of incremental advances of worthwhile sketches;  but if one merely lives for the negation of X, then one should consider a change in direction or course.  For example, if happiness is defined by a temporary escape from pain, then one’s life is bundled up by the negation of a negative (remember one’s math days — of two negatives equalling a positive?).

For Federal and Postal employees who suffer from a medical condition, such that life has become a treadmill of daily pain and medical turmoil, and where weekends and days off are merely expended to recover from the weeks and months of physical trials, it may be time to consider filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS.

For what does one live?  Surely not for the condescending feedback from a bureaucracy or agency; it must be for more than that.  Otherwise, the price paid far exceeds the benefit received. Federal Disability Retirement is an option available for all Federal and Postal employees who have at least 18 months of Federal Service.

Let not life be a question of avoiding one’s mortality; or, for that matter, to allow for life’s expenditures to exceed the value of the product purchased.

Sincerely,

Robert R. McGill, Esquire

 

 

OPM Disability Retirement: The Problem of Perhaps

Perhaps it is time to approach the problem from a different perspective; perhaps it is not.  We often engage in games of self-delusions, of allowing words of self-justification to interfere with sequential and linear lines of thinking, in order to bypass the harsh reality of what is often an inevitability.

The allowance of bifurcation of thought — of the logical disjunctive of choices and options to choose from — makes an allowance of pretense to procrastinate in intellectually acceptable ways.  We sound thoughtful and intelligent when we weigh the various alternatives.  And, indeed, it is normally a “good thing” to gather, review and evaluate the options open to us, and to make the proper decision based upon such an analysis.  But at some point in the process, continuing in a morass of intellectualization becomes problematic.

When the choices are limited, clear, and necessary to act upon, to play the “perhaps” game becomes merely a way to delay the inevitable.

For the Federal and Postal employee who must contemplate a drastic change of circumstances by preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, engaging in such mind-games merely prolongs the process.  At some point, action must proceed from thought; and for the Federal and Postal Worker whose medical condition is such that it impacts one’s ability to perform the essential elements of one’s job, it is the action which must prevail over the perhapses of our mind.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Time to Make the Decision (Part 1)

Waiting until the last possible moment to start the process to file for Federal Disability Retirement under FERS or CSRS may be commendable from the Agency’s viewpoint — but is it smart?  If you are a Federal or Postal employee with multiple years of service, and you believe that because you gave your life, your blood, your sweat, tears, and even your firstborn, that therefore you will receive what I often term as “bilateral loyalty” (i.e., an expectation of receipt of loyalty from your agency for having given your undying loyalty to them throughout the years), you might want to reconsider.

If you are exhausting all of your sick leave, using your annual leave, dipping into your TSP in order to “hope” that you will recover from your continuing medical condition, then come to a point where you need to file for Federal Disability Retirement under FERS or CSRS, then come to realize that you must survive for 6 – 8 months, or even longer, and pay an attorney, pay for medical reports, and _______ (here, you may fill in the space yourself), then you may need to re-think the entirety of the process, the time it takes, etc.  Most people know, very early on, whether or not he or she has a medical condition which will last for a minimum of 12 months.  The time to start planning for the future is now.  As a famous football coach once quipped, “The future is now.”

Sincerely,

Robert R. McGill, Esquire