Postal and Federal Disability Retirement: Last Minute Filings

Waiting until the very last moment in order to file a Federal Disability Retirement application is often an inevitable reflection of the medical condition itself; whether because the thought and act of filing contributes to the exacerbation of one’s condition, or because the severity of the medical condition impedes and presents an obstacle to proceeding, are somewhat irrelevant in the end; whichever may be the case, the fact is that the admixture of medical conditions, Statute of Limitations, and the need to obtain Federal Disability Retirement benefits, do not cohere well, and something inevitably suffers as a consequence.  But the law is impervious to excuses of filing inaction (with some narrow and specific exceptions); and society’s view is that a limit must be imposed at some point.

Thus:  For filing a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS, the Federal or Postal employee must file the application for Federal Disability Retirement benefits within one (1) year of being separated from Federal service.  Waiting until the last minute can have some inherent and deleterious consequences, and failing to be attuned to them can come back to haunt one at a later date.  For example: Since one has waited until the last moment to file, once a Federal Disability Retirement application is filed, there will be little to no chance of amending the application (note:  “amending” is not synonymous with “supplementing“), as one no longer has the luxury of withdrawing a Federal Disability Retirement application, amending, and refiling; for, in the meantime, the Statute of Limitations has presumably come and passed.

Filing for Federal Disability Retirement benefits and waiting until the last possible moment is, unfortunately, a reality reflecting the often anxiety-filled state of affairs, both for the individual and the pressure to file on time; with that being said, it is nevertheless a reality which must be faced, and handled in the best possible manner under the given circumstances.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Uniqueness versus homogeneity

It is the lack of recognition of singularity within the greater species of one’s kind, which results in an universal loss of empathy and understanding. Homogeneity presumptively recognizes the cumulative identity of functional values, and from that, extrapolates to an assumption of sameness in everything — from capacity to ability; from tolerance to reactionary fortitude. We tend to project that which we are able to handle; if we have withstood years of stressful environments, we assume that everyone else can do so, and should; if we have lived through tragedy with little to no ill effects, we scoff and sneer when others break down and disintegrate upon experiencing a fractional encounter of comparative insignificance.

But it is precisely the fragile uniqueness of human beings which is overlooked in such embracing of homogeneity; as Aquinas modified Aristotle’s perspective and argued that it is the combination of form and substance which results in the essence of being, so some of us have psyches which are made of more brittle but fragile ingredients.

For Federal and Postal employees considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, the issue is often when, to what extent, and how long can one hold out until the breaking point arrives? There is no “objective” criteria in which to apply; for, just as the individual is an unique entity, so the impact of one’s medical condition upon one’s ability/inability to perform the essential elements of one’s job is also singularly tied to the facts and circumstances of each case.

Abstract forms in a platonic world are no longer believed in; and as unicorns and giants pervade only those universes of mythology and science fiction, it is a sad thought to consider when the uniqueness of individuals are overlooked for the commonality of a subsumed species.  In our work-a-day world, it is easy to walk past a hurting soul; and all the more so when the one hurting is the same one who is walking by.

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 Government Employees: The Automatic Pilot

Then there is the story of the individual who was driving an RV, set the acceleration mechanism on “auto”, and left the driver’s seat to go and make some coffee.  Obviously, one need not have too great an imagination as to what happened next.

“Auto pilot” is a concept which one considers in the context of comfort and alleviation of human effort; by allowing for machines and artificial intelligence to dominate and take over, such technological advances allow for human beings to engage in other pursuits.  The problem with such a perspective, however, is that most people go through life on auto-pilot to begin with; and allowing for machines and smart-technology to engage in human action merely perpetuates further thoughtless action.

In preparing, formulating and filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management, whether under FERS or CSRS, one will encounter many steps and stages of the phenomena identified as “auto-pilot” — both at the Agency level, as well as the case-worker at the U.S. Office of Personnel Management.

Whether because of being overworked, or after years of mundane administrative tasks which dull the intellectual capacities of the human brain, it is often difficult to “jolt” the worker into focusing upon one’s particular Federal Disability Retirement application.  While one can argue that, “If you have seen one, you have seen them all”, it is important to acknowledge that one’s own Federal Disability Retirement application is unique precisely because each medical condition and its impact upon one’s ability/inability to perform the essential elements of one’s positional duties is identifiably singular in relevance and importance, and as such, “shaking up” the sleeping giant of auto-pilot is crucial in getting a Medical Disability Retirement claim to successful completion and approval.

To do this, it is wise to make certain that one’s Federal Disability Retirement application is well-formulated, streamlined, and presented in a coherent, comprehensible whole.  That way, if one encounters an auto-pilot, it will not end up like the driver of the RV and result in a vehicle driving over the proverbial cliff.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Problem of the Incremental Loss of Time

This short adage has probably been told in the past, but it is nevertheless instructive and applicable:  In a local courthouse, there is a sign on the desk of the clerk which receives and processes pleadings from lawyers and lay litigants, and it states:  “The fact that you have waited until the last minute does not constitute a dire emergency for me”  Now, from the viewpoint of the attorney or lay person who is proceeding pro se, such a preemptive assertion may seem rather cold-hearted; but from the perspective of the clerk, who has seen many such pleas for mercy because of an imminent deadline, it is merely a warning of intolerance.

Time can pass away in incremental aggregates which become days, months; and suddenly, the calendric year has slipped away. This often happens for the Federal or Postal employee who is considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Time becomes delayed in incremental bits of precious bundles, and before you know it, one’s agency has lost any accrued good will or patience, and finances become increasingly more difficult to manage.   Illnesses and medical conditions have a way of suspending time and making such a constraining conceptual construct an irrelevancy; for, if time can be divided in the gauging of events, celebrations, occurrences bifurcated by differentiating responsibilities — i.e., work; chores; weekends; obligations; appointments, etc. — the great equalizer is a medical condition, precisely because whether it is the chronic pain, or a psychiatric condition which impacts one’s focus, concentration, mood, etc., then time becomes a single continuum indistinguishable because everything is concentrated upon overcoming the medical condition.  All that one can do in such a quandary, is to attempt to delay various responsibilities through incremental procrastination.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important not to allow for the problem of incremental loss of time to impede the ability to effectively and properly prepare and file a Federal Disability Retirement case.  Now is the time to inquire, prepare, and begin to plan; for “now” constitutes the stop-gap to the loss of time.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: The Anxiety of Procrastination

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, there are numerous issues, points, time-frames,etc., during the administrative process, when a Federal or Postal employee’s anxieties may become exacerbated — both because of the inherent complications resulting from the process itself, as well as because of what others do.  Many of the complexities which arise are beyond the control of one’s capabilities.  Thus, if one is accustomed to having some “control” over events and circumstances, it can quickly become a process full of anxieties, exasperation and frustration.  

Time is often beyond one’s control — the time the Agency takes to fill out their portion; the time a doctor responds to a request for a medical narrative; and, finally, the time that the Office of Personnel Management takes in reviewing and rendering a decision on a Federal Disability Retirement application.  

One point of frustration which often builds without ceasing, however, is within the control and capacity of all Federal Disability Retirement applicants — procrastination.  Procrastination merely delays the inevitable, and compounds the complexities because it merely allows for outside difficulties and problems to continue to build, without resolution.  If the need arises to begin filing for Federal Disability Retirement benefits under FERS or CSRS, procrastination should not be part of the game plan.  This is especially true because the Office of Personnel Management is a bureaucracy which takes a long time itself, and procrastinating at the front-end of the process will only delay things further at the back-end.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Delays

Often, the answer to a question posed depends upon how accurately the question is presented.  Such are the tools of the trade of an attorney, and it is often necessary to rephrase, reassemble and rearrange a question in order to suit an answer.  

In a Federal Disability Retirement case under FERS or CSRS from the Office of Personnel Management, the question posed is:  How long does the process take?  This all depends upon a number of factors — how quickly the treating doctor will respond; how long will the Agency take in completing their portion; what is the “wait time” at the Office of Personnel Management.

Unspoken within the original question, however, is how many months of delay has already occurred on the part of the potential applicant prior to coming to a point of determining that filing for Federal Disability Retirement benefits is a necessary event.  Unfortunately, the very emergency nature of having to file for Federal Disability Retirement benefits under FERS or CSRS results quite often because the Federal or Postal worker has continued to delay for months and months — and sometimes years — prior to coming to a decision that filing for Federal Disability Retirement benefits is a necessity.  

Such delays and procrastination are often part of the medical condition itself, and cannot be helped.  But during such delays, it is important to make an assessment as to whether the procrastination has a detrimental effect, or is it for positive reasons?  If it is irrefutable that one’s medical condition is progressively and irreversibly deteriorating; if delaying is simply dwindling finances needed to endure the long administrative process of waiting for an approval from the Office of Personnel Management; if putting off the inevitable is simply a result of not wanting to face the event; such reasons for delay constitute a self-defeating action.  If, on the other hand, delaying has meant securing one’s financial future, or because it has had positive psychological benefits, then that is a different matter entirely.  

To delay is not necessarily a negative decision, but each individual must bear the personal responsibility of his or her part in such an act, by making a forthright assessment of the underlying reasons and justifications.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: “The Grab-bag”, “Volume” and the “Last Minute” Case

Procrastination leads to filing a Federal Disability Retirement application under FERS or CSRS at the last minute, which leads one to simply attach a volume of medical documentation and list a grab-bag of medical conditions

Sometimes, such an approach is thought to be the only way of preparing, formulating, and filing a Federal Disability Retirement application, especially when there is little or no time left in which to meet the statutory deadline for filing (a Federal or Postal employee must file within 1 year of being separated from Federal Service).  It may well be the only way to file, given that a Federal or Postal employee has only days left to submit the Federal Disability Retirement application

The fact is, one can only argue the merits of a case if, and only if, one has met the Statute of Limitations; if one fails to file in a timely manner, then there is simply no opportunity at all to argue the substantive basis for the Federal Disability Retirement application.  Yet, even in “Last Minute” cases, it is important to pause and attempt to streamline a case.  Why?  Because once a case has been filed, and the Statute of Limitations has passed, a Federal or Postal employee is unable to change or otherwise amend the stated and identified medical conditions, as listed on Standard Form 3112A

As such, even at the last minute, the grab-bag volume case should be — and can be — prepared and formulated with some thought.  In the end, it will serve the Federal or Postal employee who is filing for OPM Disability Retirement benefits under FERS or CSRS, well.

Sincerely,

Robert R. McGill, Esquire