OPM Disability Retirement: Horror Tales

Whether of Edgar Allan Poe’s many tales, like The Tell-Tale Heart or The Black Cat, or perhaps a taste that extends to more modern versions, of the Stephen King genre, people like to scare themselves silly, and then to be able to declare, “It was just a story”.  Whether reality reflects fiction, or that fiction can never truly recreate and mirror the sins of our own existence is a debate that will perpetually persist.

The horrors of genocidal mankind — from the Roman era of stadiums filled to capacity to witness cruelty as entertainment, to the Holocaust and Pol Pot’s mass killing fields; to the machete-wielding genocidal killings in Rwanda between the Hutus and the Tutsis; there never seems to be a lack of horror stories, whether by creative imaginations or in the reality of a universe gone berserk.

We read about them; experience nightmares of a reality so steeped in absurdity that they awaken us with a cold sweat; and some few of us have lived them, whether in wars, by being innocent bystanders, or somehow corollary victims otherwise referred to as “collateral” damage.  Each one of us walk about with horror stories; some of insignificant vintage narratives; others, of consequential victimhood to such an extent that we disbelieve our ears or refuse to listen to the whole story.

Then, there are the daily horror stories; maybe they don’t count as such and few would even bother to listen — like Federal and Postal employees who suffer from a medical condition and where the medical condition is about to end the once-promising career that has suddenly hit the “pause” button and ceases its once-ever-trajectory towards an upward trend.  Medical conditions at any age are “horror” stories that are often kept secret, stuffed in envelopes of silent lips unopened, and festering in the suffering inner minds of zombie-like peoples walking amidst the turmoil of a world gone berserk.

For Federal employees and U.S. Postal workers who suffer from a medical condition and need to prepare, formulate and file an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the horror stories one carries about may not quite meet the plot or characters of an Edgar Allan Poe tale, or a Stephen King twist; but for the individual who must live and suffer through the process of ending one’s career and fight for Federal Disability Retirement benefits, the tale of horror is nevertheless real, and consulting with an attorney who specializes in Federal Disability Retirement Law may well blunt the ending of a tale which is fated to otherwise end in a fit of screams and mayhem.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Presumptuous Act

What would we say about a person who, having bought a lottery ticket, goes out and spends lavishly, quits his job and becomes indebted far beyond his means — all prior to the day when the “winning numbers” are declared?  We would consider that he or she is: Crazy; irresponsible; or, perhaps, has some “insider knowledge” that we are not privy to.

Most acts lack a presumptuous intent; many, merely of thoughtless motivations; and rarely but some, of such egregiously bold-faced assault upon common decency that we disbelieve and attempt to substitute some rationally-based justification to explain away the presumptuousness of such an act.  Would our opinion of such a person — the one who buys a lottery ticket, then quits his or her job and proceeds to spend lavishly while abandoning all “reasonable” displays of conventional wisdom — change if additional facts were to be posited?

How about: The doctor has given him 30 days to live, and when we ask the person about the lottery ticket, the response is: “Oh, I don’t expect to win; it is just a metaphor for my life’s prognosis”.  Would such a response change our opinion; for, no longer is the person “crazy”; perhaps somewhat “irresponsible” in that the debts left behind will still have to be paid by someone; but yes, we would likely lean towards the third option in our thought processes: that the “insider knowledge” was the very private knowledge held close to his or her heart: Mortality suddenly betrays careful living, and abandonment of conventional lifestyles is a natural consequence of having nothing left to lose.

For Federal employees and U.S. Postal workers who suffer a similar (but perhaps not quite as devastating a scenario) situation like that of the hypothetical individual noted above, the “presumptuous act” that others may deem so may not be so outlandish as one may first assume.

Filing a Federal Disability Retirement application for the Federal or Postal employee under FERS, CSRS or CSRS Offset is not quite like the example above, but often, some see it as such; for, to “give up” a well-paying job, a reliable career or a secure position in the Federal System is certainly a drastic situation; and the alternative may not allow for much of a choice: To remain and suffer, and continue to deteriorate until one’s body or emotional state has been so damaged as to suffer through life for the rest of one’s allotted time on earth; to ignore that is indeed the height of presumptuousness — of taking things for granted.

Health should be a priority, and preparing, formulating and filing a Federal Disability Retirement application through the U.S. Office of Personnel Management is not a presumptuous act; rather, its opposite is what presumes too much — that your health will continue to withstand the deteriorating condition that you have all along experienced for these many years.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Factors to consider

The universe of thoughtful decision-making shrinks exponentially and in direct correlation with the pertinent and relevant information gathered, and it is too often the case that factors not considered are the very ones which lead to a non-decision or, more importantly, to a wrong conclusion.

What factors should be considered when a Federal or Postal employee is going to file for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset?

Certainly, age can be a factor — for, if OPM engages in a recalculation of a Federal Disability Retirement annuity at age 62, and you are fast approaching that age, the factor of “how long it takes” to get an OPM Disability Retirement approved (about a year, give or take a few months on either side of the equation); whether you get any backpay once it is approved (back to the last day your Agency or the Postal Service has paid you anything); and whether the time you are on Federal Disability Retirement counts towards your total number of years accrued until the recalculation age at 62 (it does) — should all be factors to consider.

Further, even if you are still relatively young, should those same factors be considered?  The short answer is an unequivocal “yes” — and probably many others, besides, including: Do I intend on working at another job in the private sector while on Federal Disability Retirement?  Do I have Service-Connected disabilities that can play a factor [sic] in the factors to be considered?

The universe of factors to consider in preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, are innumerable; and then, there are likely factors that you have not even considered, but which may be prompted by consulting with an attorney who has already considered multiple factors besides, and who may be able to guide you in this complex process called “OPM Disability Retirement”.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: The last Edwardian

What does it mean to be an “Edwardian”?  The reign of Edward VII was brief, but its influence is often extended to periods both before and long after in an aggregation of understanding “trends” that were noted, and often idealized.

It is a period of little interest to most Americans, except perhaps when there is some vague reference during a period of a royal scandal or a royal wedding that somehow touches the fancy across the great ocean that divides.  And despite our English “roots”, scant attention is paid to the history of England in either schoolbooks or offered curricula, except in referring to those dastardly “redcoats” who quartered themselves uninvited and had the audacity to tax its colonies without proper representation in Parliament.  Or so the memory of one’s childhood history lessons are recalled.

That period — whether one extends it some decades before, or well into the “Roaring Twenties” — actually lasted only from 1901 – 1910, but left a romanticized memory of lazy summer days, prosperity, greater involvement of women and the “common man” into the political arena, and came to symbolize the dawn of the “modern era”.  Whether such an idealized recollection actually reflected any reality of the era is open to debate.  But, then, that is what we cling to when situations worsen, isn’t it — of an idealized “before” in contrast to the stark gloom of “after”?

For Federal employees and U.S. Postal workers who suffer 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 one’s Federal or Postal job, that desperate “clinging on” to one’s job may in part be attributable to the need to be that last Edwardian — of a “before” (before the onset of the medical condition) when life seemed more rewarding, when pain, discomfort or overwhelming anxiety was not only unthought of, but never occurred as an issue of consideration — who “after” the onset of the medical condition can now only recall the romantic period that once was.

Filing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may not solve every problem that besets the Federal or Postal employee who can no longer consistently get to work and accomplish all that is required by the position; but it does allow the Federal or Postal employee to prioritize and focus more upon the reality of one’s current situation — one’s health — and not become entrapped in trying to be that last Edwardian.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Relating negative events

Bad things come in pairs, or is it triplets?  Is there a tendency to relate and categorize in terms of color, logical sequence, similarities and characteristics?  Is the Kantian model of imposing categories upon an otherwise orderless universe the reason why we relate negative events in bunches, like grapes growing upon vines waiting to be picked?  Or do bad things happen in combinations naturally, as a law that cannot be avoided?

When we learn that others have been speaking ill of us, or of unkind statements and gossiping rumors spread about, do we not then consider the look of those around us and begin to suspect that the facial frown was directed at us, the distracted individual is not merely lost in his or her own thoughts, but is deliberately ignoring and shunning us, and even the dog that was once friendly is heard to emit a low-growling sound of unfriendly disposition?

Relating negative events is a natural response to a world that is orderless, and one that can be cruel — a perspective that is easily and readily confirmed by the uncaring attitude not just from an impervious universe, but from those who pretend to be out best friend, as well.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the Universal Law that dictates relating negative events becomes unavoidable: Suddenly, because you have taken too much SL and have requested FMLA, you are no longer the “golden boy” (or girl) who can be relied upon, and next comes the leave restrictions; the “Memorandum of Warning”, and then even a PIP; and what next?

Termination is the target for the future.

All the while, the “negative event” was the deterioration of one’s health, which then set into motion all of the other negative events which became related one to the other.

Bad things, unfortunately, happen in bunches, and it is important to initiate a “positive” element and infuse a “good” thing into the middle of those bunches of negative events, and preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is that positive step one can take for one’s self in the morass of relating all of those negative events that seem to have occurred without your consent.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Expertise

What constitutes it, and who determines the status of when it is achieved?  We hear about people who are “experts” in this or that, referring to either experience, association or credentials, and based upon that, we accept their status of being an “expert” in the field.  Can that be undermined by personal experience?

Say a person has a Ph.D. in a given field, has worked in the capacity of that field for 30 years, and everyone in the field refers to him as the “resident expert” or “the best of the best” in the field; and yet, in a given situation calling for his or her expertise, he or she fails, is wrong, or otherwise falls short of having provided any competent input.  Does that undermine the expert’s status as an expert, or does one shrug one’s shoulders and say, “Well, you can’t be right all of the time”?  Say a “non-expert”, during the gathering of expertise and amassing of various opinions in making a critical decision, suddenly pipes up and says something contrary to what Dr. X – with-the-Ph.D-with-30-years-of-experience believes and has stated, but in the end he turns out to be right — does that make him or her the new resident expert?

There are, of course, the various logical fallacies — like the fallacy of “association by reputation” or of presumed certitude based upon past experiences (refer to David Hume, for example); but the ultimate question may come down to a simple grammatical one: is the concept used as a noun, an adjective or an adverb?  How does one “gain” expertise, or attain the status of an “expert”, and can it be by experience alone, a credential earned, or by reputation gained — or a combination of all three?

How did Bernie Madoff swindle so many people for so many years?  Was he considered an “expert” in financial matters, and what combination of the tripartite status-making byline (i.e., reputation, experience and credentialing) did he possess to persuade so many to be drawn to him?  Or, is it sometimes merely greed and a proclivity of vulnerability to a good storyteller enough to persuade one that a certain-X is an “expert”?

For Federal employees and U.S. Postal workers who have come to a point in their lives and careers where a medical condition has begun to impact one’s ability and capacity to perform one or more of the critical or “essential” elements of one’s Federal or Postal job, a certain level of expertise may be necessary before preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Ultimately, it is not “expertise” or some prior reputation that is important, but the accuracy of information received and the truth of the knowledge relied upon — and for that, one should do due diligence in researching not merely the “credentials” of those who declare some “expertise” in the area of Federal Disability Retirement Law, and not even self-puffery of self-promoting success, but in addition, an instinct as to the truth of what is stated.

Sincerely,

Robert R. McGill, Esquire