FERS & CSRS Disability Retirement: The key to happiness

There are countless titles of books which predicate upon the presumptuous endeavor; palm readers who, for a prepaid fee, make their living from it; and wanderers who trek the Himalayas in search of it.  Others merely change the definition or meaning of what constitutes the achieved goal, or drink themselves silly when self-deception fails to fulfill.

The problem with happiness is that it was once a byproduct of our lives; when it became the end-goal, the very nature and essence of it became unachievable.  It is when a singular focus upon an effect becomes the sighted destination to reach, that the frustration of unrealistic expectations come to the fore, and dismay and doubt of self becomes the mainstay.  Happiness was never meant to be a constancy of one’s trophied achievement; rather, it is a secondary effect as the residual of an accomplished life.  Frustration thus dawns upon us because the fleeting aspect of its very nature is never within one’s control.

For the Federal or Postal employee who suffers from an ongoing medical condition, such frustration of purpose is self-evident on a daily basis, especially when one plays the never-ending game of, “If only X…”  For, the contingent precedent is never within the grasp or control of the injured Federal or Postal Worker, or one who is beset with progressively debilitating medical conditions.  Federal Agencies and the U.S. Postal Service make it their job to obfuscate, place obstacles, and ensure the daily denial of accommodations, and flout their open disregard of the laws and protections allegedly designed for Federal and Postal workers who suffer from a medical condition.

Often, in life, there are limited choices; but the options we choose are the known pathways to happiness.  Loss of it, or the denial of the effect, comes about when we rely upon those things which are beyond our control, and expect others to “do the right thing“.

For the Federal employee or the U.S. Postal worker who 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 one’s positional duties, the key to happiness is to take affirmative steps in taking charge of one’s own life.  Beginning the process of preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is a pragmatic step which one can actually quantify with respect to the progress made towards a goal defined.

Purchasing another book with the word “happiness” in it will be to waste another dollar; identifying those issues within the purview and control of one’s destiny is a greater investment in achieving a realistic goal defined, so that one day, when the whispers of past days of dark and dismal hauntings are remembered from a place afar, the vestiges of unhappiness will merely be a faint echo in the peaceful slumber of one’s joyous summers yet to be dreamed.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: That Song That Won’t Go Away

There is that song, tune, jingle, etc., that sticks to the mind and refuses to go away; and the circularity of the anomaly is that, the more one tries to expunge the melody from one’s mind, the greater the force of staying power; it is only when we “give in” to the persistence, and “give up” trying so hard in suppressing beyond the subconscious, that there comes a time when we can give a sigh of relief and acknowledge, “Ah, it’s gone” — and upon that very instance, it comes right back!

Such persistence of pernicious placements in the universe of cognitive capillaries are not the only conundrums in life; the general rule to be extrapolated is that, the greater the resistance, an equal and exponential quantification of insistence will reverberate.

Thus, for Federal employees and U.S. Postal workers who try to avoid, suppress or otherwise ignore a medical condition, such that the medical condition begins to impact one’s positional capacity to maintain productivity and a semblance of denial, the greater force by the agency to increase the pressure, and the further exacerbation of the medical condition itself because of the added stresses of the agency, the Postal Service, etc.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is always an option and alternative that needs to be considered, if only to prepare for an exit and avenue out of the constant morass which fails to let up.  Prioritizing of life’s challenges involves taking affirmative steps towards a resolution.  If you don’t do it, other forces outside of your control will.  When it comes to your own health and well-being, it is the Federal or Postal employee who knows well when the time is ripe to begin the long process of preparing, formulating and filing for FERS or CSRS Disability Retirement benefits.

In the end, the song that just won’t go away is merely a melody of irritation; when it comes to the nagging deterioration of a medical condition, however, the stakes are much higher, and comparing the two is fine for metaphorical purposes, but not for the challenges which must be faced before the universe of reality and pragmatism.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney: Social Justice

Concurrent litigation entanglements occur often enough; if one has the capacity and ability to compartmentalize life, such multi-adversarial offensives can be effectively coordinated.  At the same time, however, it is important to recognize the folly of spreading oneself too thin; history confirms the defeats suffered at the principle of too much, too soon, as in Germany’s incursion on the Eastern Front while taking on North Africa and the entrance of the United States into a reluctant war.

Strategies of logistical considerations, as well as pragmatic considerations of finances, must always be a factor; thus, for Federal employees and U.S. Postal workers who face a future with an ongoing medical condition which prevents one from performing one or more of the essential elements of one’s job, consideration should be given to concurrent filings.

If an injury or medical condition is “work-related“, there is nothing wrong with filing for OWCP/DOL benefits, while at the same time filing for OPM Federal Disability Retirement benefits.  If both are approved, the Federal or Postal employee has the option of choosing to activate one, and allowing the other to be approved but remain passive.

Filing for Social Security Disability benefits, for those Federal and Postal employees under FERS, is a mandatory requirement during the process of filing for OPM Disability Retirement, anyway, so obviously the concurrent nature of filing is a necessary given.

When considering more far-reaching litigation entanglements, however, such as filing an EEOC Complaint potentially leading to a trial in the Federal Courts, pause should be given, if only because of the statistical disadvantage and high cost of such litigation.  A 2009 WSJ Article found that EEO discrimination lawsuits fared worst in statistical analysis in wins-to-losses ratio, and more recent studies do not provide greater encouragement.

While the recent focus upon the Pao v. Kleiner Perkins case would seem to highlight such statistical disadvantage, at the same time, one must recognize that the particular court case was a gender discrimination case filed and tried in state court, not in Federal Court, and each case reflects the complexity of the uniqueness of a particular set of facts.

The point here, however, is that while statistical analysis certainly can be skewed based upon a multiplicity of complex factors, for Federal and Postal employees who are considering filing for Federal Disability Retirement benefits, a pragmatic assessment should be made which asks, at a minimum, the following:  Do I want to be involved in a protracted litigation with my supervisors, agency and coworkers?  What is the purpose of my filing for Federal Disability Retirement?  Is the cost-to-benefit analysis sufficient in justifying litigation?  What is my definition of “Social Justice”?

For Federal and Postal employees, filing for, and obtaining, Federal Disability Retirement benefits is a practical exit from one compartmentalized stage of life; there is awaiting the next stage, of which Shakespeare reminds us all.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement Benefits for Federal & Postal Employees: OWCP & OPM Disability Retirement

Many calls come in where individuals have been on OWCP benefits for some time; it is, as I often explain, a difficult road to take, let alone stay on.  The compensation is certainly better, and in comparison to what Federal Disability Retirement benefits pay under FERS or CSRS, it can mean the difference between relative financial comfort and hardships.  But the difficulties which people — almost without exception — encounter with OWCP — from the constant harassment, to the threat of cutting off benefits, to repetitive examinations before Second Opinion and referee doctors, etc., makes for intolerable conditions.  Further, OWCP is not a retirement system, as I incessantly and redundantly state; it is a mechanism in which to allow for temporary compensation to be received while a Federal or Postal worker is recuperating from an on-the-job injury.  And that is the key concept — the Federal or Postal worker is expected, in the end, to recuperate and go back to work.  OPM Disability Retirement, on the other hand, is just that — a retirement from the Federal Service, for a medical condition which is expected to last for a minimum of 12 months, but as in most cases, as a permanent condition of the Federal or Postal employee.

Sincerely,

Robert R. McGill, Esquire