Tag Archives: considering all the options a federal disability applicant has

Federal Employee Disability Retirement: Life Choices

We all have to make them; and though we may alternatively want to curl up into a fetal position and wish the blunt world to stop bothering us, the decisions we make, and take responsibility for, reflect the state of maturity which binds us to age, experience and level of moral maturity.  It is, to a great extent, a superficial and shallow connotation and reference point; for, as the inevitability of choices to be made result from living in circumstances of our own making, so to imply that there is anything “substantive” in speaking about them undermines the very relevance of implication itself.

To live is to be confronted with daily choices; only the dead remain silent and require not the paths to pick.  Thus do mundane and pithy sayings originate.  Life is full of choices; the choices we make in life determine the future course of events yet indeterminate, but somewhat foreseen and predictable. Often, we avoid them not because of consequences untold, but for knowing the folly of our decisions.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition foretells of impending signs which the Federal agency and the U.S. Postal Service have, or will, impose and initiate, the time to begin preparing one’s Federal Disability Retirement application is “now”.  Yes, the Federal and Postal employee has up to one (1) year to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, in order to meet the Statute of Limitations for filing an OPM Disability Retirement; but as it often takes many, many months to prepare, submit and get an approval from OPM, so the decisions we make today will have future consequences untold but foreseen if choices are not embraced in a timely manner.

Life presents many choices, alternatives, and lists of items like entrees on a menu; but in the end, the choice made means that when the plate of food arrives, a check for payment will follow soon afterwards, and it is the expectation of the price to be satisfied which should prompt and motivate any decisions of delay for the Federal or Postal Worker who intends on procrastinating in the preparation, formulation and filing of a Federal Disability Retirement application through OPM, whether the Federal or Postal employee is under FERS, CSRS, or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

 

The “Nuclear Option” after an Illness or Injury in the Federal or Postal Workplace

It is a parliamentary procedure justified by those who invoke it because the circumstances are of such dire contextual urgencies as to necessitate extreme measures.  Such urgency of action is often characterized in a vacuum — a declarative shrill of voices that such an option could not be helped because of the counteraction (or non-action) of the opponent.

Medical conditions have a true tendency to do just that.  Insidious in their inherent nature, they persistent despite every application of treatment modalities, leaving behind confounded minds who spent years and unaccounted energies and accumulated student debt in order to attain the medical knowledge to combat such conundrums of configured confusions.

For Federal and Postal employees 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 Federal or Postal job, the invocation of the nuclear option is often seen as filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS.

Such a characterization is an acknowledgment that the option chosen is one of “extreme” measures, forced because of a lack of choice.  But that would be a misnomer.  For, the “extreme” measure taken would actually be the other options remaining: Stay with an agency and struggle each day while attempting to ignore the pain of progressive physical deterioration or the despondency of psychiatric turmoil, and continue to be subjected to the constant and persistent harassment by supervisors and coworkers; or resign, walk away, and have nothing to show for the years of invested sacrifices given to one’s Federal agency or Postal Service.

No — the “nuclear option” for a Federal or Postal employee who is considering filing for Federal Disability Retirement benefits through OPM is not the preparation and submission of a CSRS or FERS Disability Retirement application; rather, such an option is best characterized by the other options remaining.  In the end, it is how one characterizes one life, which forms the true character of the individual.

Sincerely,

Robert R. McGill, Esquire

Paradigm Shifts and the Federal Employee Disability Retirement System, an Option That Was Always There

Paradigms are meant to shift.  A non-shifting paradigm means that there is an inherent and entrenched belief system which refuses to accommodate changes.  Certain principles can retain such intractable resistance; deeply-held systems based upon historical convention, customs and cultural foundations should never be discarded without a rational basis; but to hold on to a set of beliefs without a foundational methodology of defending the very core of a system, is to merely do something out of habit.  And that is the point, isn’t it?  Actions based upon habit for habit’s sake, are mere thoughtless and unjustified movements.

Work often becomes such an unprovoked endeavor; for, to engage in mindless, repetitive modalities, provides a semblance of security and safeguards.  Then, when a medical condition interrupts one’s life, you begin to miss the mundane.  For Federal and Postal employees who suffer from a medical condition, such that the medical condition begins to impact one’s capacity to perform the essential elements of one’s job, the yearning for that time before when the monotony of repetitive work provided the assurance of routine and repose, begins to magnify with exponential significance.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS, should always be an option.  If one pauses because the paradigm which one operates under has become intractable and entrenched, it is time to consider a paradigm shift.  It is not only in science that paradigm shifts are necessary; and, indeed, Thomas Kuhn’s contribution to the historical perspective of scientific progression has taught us much, both as to disciplines, as well as for individuals.

The shifting of one’s own paradigm may be the first important shift in making a proper decision concerning the preparatory steps in filing for Federal OPM Disability Retirement; and that is the key, both in science, and in one’s own personal life and endeavors.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: GPS or Map Reading

Unforeseen consequences have become the expected norm; for, as technology progressively innovates, the quickened pace of advancement defies any allowance for thoughtful retrospection, leaving aside the need for anticipatory planning, as to the future impact of present actions.  Creating an antiseptic society which declares that simplicity of thoughtless actions is the goal to achieve, should anticipate a tremendous stunting of evolutionary progress.

For, if the theory of evolution is based upon environmental stresses which force microcosmic mutations, then what would be the reverse impact — when technology unburdens such stresses?  We no longer read maps; the GPS tells us where to go, when to turn, what street we are on, and when we have arrived.  We are daily told what to do; we need not figure out anything, anymore.  When we encounter a life-situation where our involvement and active participation is crucial to the success of an endeavor or process, the training which we have previously been given will reveal itself.

For the Federal or Postal employee who suffers from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, the process of preparing, formulating and filing for Federal Disability Retirement benefits, whether one is under FERS or CSRS, must by necessity be an active one, and not passive.  Decisions must be made; steps must be initiated; statutory and regulatory processes must be followed.

Life does not run the course of an electronic voice emitted by one’s Smart phone; some functions must engage the mind of the participant; map reading is still a skill which may be required, when the technology we relied upon fails to deliver.  Medical conditions have a tendency to stifle, and that is entirely understandable.  But the rest of the world continues to forge forward, and so do administrative processes, whether we like them or not.

In the end, the minor evolutionary mutations are never dependent upon any singular act of inaction; but the cumulative impact of a population waiting for direction can be altered by a single Federal or Postal employee who takes the affirmative step in preparing for his or her future by deciding to file for Federal Disability Retirement benefits — if not for the greater populace, then at least for his or her personal life.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: The Suspect

Newspaper stories are replete with articles involving scams, dishonesty and crimes of financial improprieties; that is not surprising, given the nature of what constitutes “newsworthiness”.  Fraudulent claims involving disability applications are trumpeted loudly to reveal the disintegration of a system requiring structural integrity.  Of course, no one makes the distinction that such claims of fraud almost always involves the “other” disability system, and not the option available to Federal and Postal employees through the U.S. Office of Personnel Management, whether under FERS or CSRS.

Just as all politicians are lumped together, so the aggregation and broad-painted brushing of anyone receiving a “disability” annuity is to be expected.  But Federal Disability Retirement is a different animal from the “other” disability system, and with good cause:

First, Federal and Postal employees do not file for Federal Disability Retirement benefits until and unless it becomes a necessary option to take.  The general public cannot have it both ways: on the one hand, they complain that Federal and Postal employees have it “easy” with their Federal or Postal jobs; on the other hand, they grumble that receipt of Federal Disability Retirement benefits is taken advantage of by unscrupulous Federal and Postal employees. But if the employment itself is so easy, why would the Federal or Postal Worker take a lesser income by filing for Federal Disability Retirement benefits?  The fact is that most Federal and Postal employees work hard, and well beyond their rate of compensation, in furthering the mission of their agency or department; and filing for Federal Disability Retirement is the furthest thing from the mindset of a Federal or Postal employee.

Second, because of the reduction of income accorded by an approved Federal Disability Retirement, many Federal and Postal employees must go out and seek employment in the private sector.  Yes, they can continue to receive the disability annuity so long as they remain under 80% of what the former Federal or Postal position currently pays; and yes, the combination of both the annuity and the employment income can aggregately comprise more than what the former Federal or Postal position was paying; but that is the very attractiveness and intelligence of the incentivized system. It encourages the Federal and Postal Worker to remain productive, and to “pay back” into the system. In essence, it is a self-paying enterprise.

And, Third, because Federal Disability Retirement recognizes that the disability is tied to a particular kind of job, there is very little room for abuse within the system.  One is encouraged to remain productive, and such an incentive allows for the system to remain economically viable.

In these difficult economic times, people are often afraid of considering filing for “disability” benefits; but for Federal and Postal employees who have given their time, life and (often) health in the pursuance of an agency’s mission, being treated like a “suspect” in a broadly-painted indictment is not only unfair, but reprehensible.  The Federal and Postal Worker has nothing to be ashamed about, and the fact that the general public may harbor some hidden resentments during these trying economic times, is merely a reflection upon the often petty nature of humanity, and not a true gauge of the work ethic of Federal and Postal employees throughout the country.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement from the U.S. Office of Personnel Management: A Choice of One

A choice of one is not a choice at all, except in comparative contrast to the state of affairs one is left with. In life, however, that is often the only viable option offered: Either to remain in an unchanged state of being, or to adopt another set of circumstances which may offer only a limited attraction of availability.

But in choosing the alternative option in comparison to one’s present state of affairs, the evaluative process should not be frozen in present-time analysis; rather, if the given option allows for greater future promise and flexibility, as opposed to the current situation which may retain little to no hope for the future, then the qualitative attractiveness of the “other” may be of exponentially greater value.

One must always take care that one is comparing the valuation of items within a set of choices in terms of qualitative comparability; thus, the old adage and admonition of “comparing apples to apples, and not to oranges”, applies both in terms of substance, as well as future potentialities.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition begins to prevent one from performing one or more of the essential elements of one’s job, the “choice of one” is often what one must confront. For, not filing for Federal Employee Medical Retirement will ultimately lead to separation and administrative termination. Or, one may simply resign from one’s Federal or Postal job, and walk away with nothing. Neither of the two previously-stated “options” are viable or rationally sound ones.

Thus, for the Federal and Postal employee who is suffering from a medical condition which impacts one’s ability/inability to perform the essential elements of one’s job, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management becomes the “choice of one”. But it can still be considered a viable and fruitful choice, precisely because it accords a relative state of stability for one’s financial future, and further, it allows for the Federal and Postal employee to seek other employment in the private sector, and make up to 80% of what one’s former Federal or Postal position currently pays, and still retain the Federal Disability Retirement annuity.

Not all options offered are equal. An ice-cream stand which offers only one flavor makes a limited presentation of attraction; but if the inner core of the singular flavor contains a mystery of hidden bursts of multiple sensory explosions which enhance the salivary delights of the customer, then you suddenly have a greater choice than merely a choice of one.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: The Noise of our Lives

Is noisiness determined solely by the physical vibrations and reverberations impacting upon the mechanism of our ears? Can one be overwhelmed by internal noises, shouting and clamor despite sitting in the quietude of a noiseless room? Is it noisier when there are visual activities which seemingly occur simultaneously, such that the combined stimuli of the visual coinciding with the clatter of the surrounding world sprays us with such sensation-overload, like a meteor shower upon a lifeless planet? And do the things we engage in life seem like a hollow shout for help in the middle of the night, when in the still of twilight we fear awakening our loved ones but at the same time provoking the imaginary intruder hiding in wait in the dark recesses of our fearful imaginations?

Often, it is calamities and intercepting issues in life which jolt our consciousness into realizing that much of life is mere clamor, and the majority of movement is meaningless activity upon a treadmill to nowhere. When chronic pain, psychiatric conditions, and medical conditions which impact one’s mind, body and soul, interrupt the flow of mindless activity like a cauldron of shattered pieces from one’s life, there comes a realization that work at the expense of health is simply not worth it.

When that moment of realization arrives, consideration by the Federal and Postal Worker needs to be made, to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal Worker is under FERS or CSRS. It is an employment benefit existing to address those very issues of the impact of a medical condition upon one’s capacity and ability to continue to perform the essential elements of one’s job or profession.

It allows for a respite from the cauldron-filled clamor which is stirred and brewed by the witch’s hand of knowledge; and upon a successful attainment of Federal Disability Retirement, it is one’s hope that the Federal or Postal employee hears merely the click of heels, and not the harsh, echoing laughter of an agency which once stood over the stirring pot of one’s life.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: The Trifecta

It is a type of betting where the order is important, and where all three must finish as declared, and if any one of the sequence is different, it matters not whether the one correctly deemed to be first, in fact places first.  We often view our lives as if we are engaged in the trifecta; as if the order and sequence makes all the difference, and where misplacement of our artificially prepackaged lives constitutes a complete and utter failure unless such declared sequence of a lifetime of effort comes to fruition.

That is the problem with Federal and Postal employees who hesitate in making an affirmative decision concerning the most serious of issues confronting them. For, as “work” has somehow been ingrained in our very psyche to be first and foremost in commitment, importance, significance and value, as well as that which identifies us and is in many respects the “essence” of who we are (Aristotle would, of course, be flabbergasted by such a statement as a self-contradiction and perhaps an oxymoron because of the irrationality of such a perspective), we thus sacrifice that which should precede (one’s health) over that which must accede (one’s work).

Federal Disability Retirement benefits is an option for Federal and Postal employees, whether one is under FERS or CSRS, which must always be considered when first the Federal or Postal employee encounters a medical condition such that the medical condition prevents one from performing one or more of the essential elements of one’s job. We give lip service to how important family, health, faith and X are, but our actions belie the true loyalty of our souls.

In a trifecta, one receives the cash rewards of a correctly-declared sequence of contestants; in life, sticking to a self-destructive and irrational sense of loyalty to a vocation, at the expense of one’s health, is to earn a reward of which one may never collect.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Asymmetrical Lives

Asymmetrical systems are an important principle which dominates organisms and prevails in the world around us.  Symmetry involves balance and parallelism; a defiance through a counter-symmetrical eruption is normally an anomaly and deviation — a mutation in organic evolution which often results in extinction precisely because it is unnatural.

Humans live according to symmetrical principles.  Symmetry can involve a linear conceptual perspective; of a balance where childhood and youth is represented by X; young adulthood by Y; middle age with Z; and old age in retirement and calm.  But such a perception of linear quietude defies and ignores the realities of life’s disruptions.  Unexpected calamities, such as a car swerving into one’s path on any given day; being fired from a job because of an unforeseen reorganization at the management level; being inflicted with a medical condition such that the medical condition impact’s one’s ability to perform one’s chosen vocation; these are events which violate and infringe upon the linear symmetry we expect in our lives.

For the Federal and Postal Worker who suddenly finds that a medical condition is no longer allowing him or her to perform all of the essential elements of one’s job, the asymmetrical condition is in contrast to others who are healthy, as well as to the expected path of one’s own career.  But in the artificial civilization of man’s own environment, symmetry and its opposite are what we make of it.  Since we are the masters of our own destinies, lack of symmetry does not necessitate extinction of an element of mutation.

Thus, for the Federal and Postal employee, filing for Federal Disability Retirement through the U.S. Office of Personnel Management, whether one is under FERS or CSRS, is a viable option precisely because it is an administrative process which was created in order to allow for the potential eventuality that some workers may become disabled from being able to fully perform one’s job.

Federal Disability Retirement is a concept which works within the system of asymmetrical principles; taking full advantage of it is precisely the reason why it was formulated in the first place.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: The Universe of the Possible (Part II of II)

When avenues are closed off, the human psyche tends to shut down; and when grounds manifest fertile regeneration and bountiful splendor, the endless state of the possible opens like the gaping eyes of a child in excitable wonderment.  That is why internet companies attempt to artificially recreate atmospheres of creativity and prior glory days of unbounded imaginations.  But whether simulating a couch plopped in one’s basement or garage, and making it appear as if the environment is similar to those past dawns of tinkering with one’s imagination in the unheated, primitive conditions of one’s youth, is questionable.

For the Federal and Postal employee who is faced initially with a medical condition, such that the medical condition impacts one’s ability to continue in the vocation and career choice of one’s following, the limitations which the present condition places upon one’s future often seems daunting.

But there are options available.

Federal Disability Retirement allows for those options to open up; for, once the Federal or Postal employee obtains an approval for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, that (now former) Federal or Postal employee may go out into the private sector and earn up to 80% of what one’s former position currently pays, on top of the Federal Disability annuity. Many start their own businesses; others perform consultative work or work part time, thereby controlling the stresses and the extent of activity able to be tolerated within the restrictions of one’s medical conditions.

The avenue of the possible can only reopen once you recognize the reality of the probable; and in order to tap into the fertile imaginations of a brighter future, the roadblocks once observed must be moved in order to travel down the path of viable alternative routes.

Sincerely,

Robert R. McGill, Esquire