OWCP & FERS Disability Retirement for Federal and Postal Employees

Can both be approved concurrently?  Is there any disadvantage in filing for one “as opposed” to another?  Do they “cross over” and impact one another?  Can you receive payments concurrently, or must you choose one over the other and, if one is chosen, does it “negate” or otherwise dismiss the other?

These are all practical questions which can come about if an injury or illness results from a workplace incident or caused by an occupational hazard.  First and foremost, it should be noted that the two “pockets” of compensatory resources are different in nature: OWCP is not a retirement system; OPM Disability Retirement is. OWCP is a compensatory resource created and established as a temporary measure (although there are many, many cases where an OWCP recipient stays on and receives compensation for decades and beyond) — as a means of allowing the Federal worker to receive treatment, recuperation and rehabilitation, with a view towards an eventual return to work.

The paradigm of a FERS Federal Disability Retirement, on the other hand, is just that: It is a retirement system — essentially, starting your retirement “early” because of a medical condition or injury resulting in one’s loss of capacity to continue to perform one or more of the essential elements of one’s Federal or Postal job.  The latter (FERS Disability Retirement) does not have to possess any causal connection to the employment itself — in other words, the medical condition or injury does not have to be “occupationally related” in order for a Federal or Postal worker to become eligible for its benefits.

Remember, however, that under a FERS Disability Retirement, a Federal or Postal worker must file for the benefit of Federal Disability Retirement within one (1) year of being separated from one’s Federal Agency or the Postal Service.  The fact that a person has been “placed on the rolls of OWCP” does not excuse the 1-year rule for filing a Federal Disability Retirement application.

For further information on the intersection between OWCP and FERS Disability Retirement, you should consult with an experienced attorney who is knowledgeable about both, and make your decision upon factual and legal information, and not from such sources as, “I heard from Joe that…”

Sincerely,

Robert R. McGill, Esquire

 

Applying for FERS Disability Retirement Benefits: Balance

It is what we want to maintain, whether on a tightrope, a ledge high above in an apartment complex, or just walking from the living room to the kitchen.  For, without it, the silent agreement we have made with the objective world would suddenly topple, and we would be lying horizontally and seeing the world from the ground up, as opposed to the vertical manner in which we ambulate, and observing the world from above.

In our lives, as well, in addition to the manner in which we walk about, we talk about maintaining a “balance” — a metaphor, surely, about the proper coordination between work, personal time, family interaction, activities with or without relations, and the healthy engagements needed in order to perpetuate a semblance of sanity.  We also talk this way about the medicines we ingest; of dietary balance, chemical imbalances and a more Aristotelian view of remaining in the “middle ground” where the two extremes are avoided.

Life itself is a force to contend with; for, it is “life” in general which is in a constant battle against us, trying to tip our equilibrium and mess with that “balance” that we all strive to maintain.  Medical conditions, as well, suddenly tip the balance with gale-force winds that irreverently disregard our wants and needs.

For Federal employees and U.S. Postal workers who sense this “out-of-balance” world because a medical conditions has tipped the scales and made everything out of whack, filing for Federal Disability Retirement benefits through OPM may be the answer you are looking for.

Medical conditions themselves have a way of making life “out of balance”, and it may be that a Federal Disability Retirement annuity is what is required in order to bring things back into their proper order and balance. Consult with an attorney who specializes in FERS Disability Retirement Law; for, in the end, it is balance maintained which allows for the regaining of one’s health, while all of the “rest of it” is trying to perpetuate the chaos of imbalance.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: Confidence games

We all know (or, by a certain age or stature of wisdom, should know) about the psychology behind the scam:  Of gaining one’s confidence by first including one into a select group of people who are “in the know”.

There are two primary senses to the word, aren’t there?  The first being a sense or feeling of self-assurance, as in, “He is very confident in his own abilities.”  The second, and somewhat connected, is the definition pertaining to a relationship of trust and reliance, where there exists or builds upon a sense of camaraderie and intimacy, as in: “He brought me into his confidence.”  In both cases, there develops a relationship of bonded certainty, whether in one’s self or in the connection between two or more individuals.

Thus, the “confidence” games encompass those activities or endeavors that build upon a relationship based upon trust, and engender the hapless victim to possess a sense of self-assurance that what he or she is giving up is of sacrificial value because the trust relied upon has been built on a foundation of friendship, relationships entrusted, and a shared affinity of intimacy exclusive of others.

Thus does the classic confidence game begin in a parking lot where a a cache of money is found and you are roped into becoming a select group within a conspiracy of two, or maybe three, and you are asked to put up a “deposit” of trust — then, when it is all over, you open the bag of money that you were left holding, only to find that it was merely a bundle of newspaper clippings.  Or, of more complex pyramid schemes, ranging from the simple to the incomprehensible, ending up sometimes like Bernie Madoff’s decades-long game of roping in even the most sophisticated of unweary investors.

But then, aren’t we all conditioned from a very early age to believe that “confidence” games are acceptable, and that we get on through life’s difficulties by acting a part?  Don’t we teach kids to “act self-confident”, be self-assured and walk with your head held high and play the “as if” game — as if you know what you are doing; as if you are the best qualified; as if you can have it all?

That is often the veneer we put on, and how thin the veil of confidence can be, only to be shattered like the delicate china that give off the clink-clink of refinement until the first fissure begins to show, then shatters upon the hardness of the world.

For Federal employees and U.S. Postal workers who suffer from a medical condition where 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 — it may be that your self-confidence is beginning to wear off.  As the Federal Agency or the Postal Service steps up its campaign of harassment and intimidation, the Federal or Postal worker has to deal with a double-problem:  The profound fatigue from the medical condition itself (which impacts one’s sense of self-assurance) and concurrently, the loss of self-confidence as one realizes that one’s physical or cognitive capacity to continue in the chosen career is beginning to wane.

We all play the “confidence game” — that of going through life winging it and hoping that no one else notices; but at times, when the “real game” of life suddenly imposes its presence upon us, it is time to become “real”.

For the Federal employee or Postal worker who must face a real-life crisis of confidence because of a medical condition, it may be time to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, so that the focus of one’s efforts can be redirected upon the greater importance of one’s health and well-being, as opposed to being drawn into the parking lot schemes of further confidence games.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Representation: Conversations

What is a conversation?  Or, is it an empirical phenomenon that — only when we are in the middle of it — we know as we experience it, but otherwise is undefinable?  If there are 5 people in a room but only 1 is doing the talking, is a conversation ongoing?  Must there be a “back and forth” give and take, or must something more be involved?  If the same 5 people are in the same room, and all of them are talking all at once, does that rise to the level of a conversation?  Does interruption and talking over one another undermine the definition?

What if there is extraordinary politeness — of each waiting his and her turn — and where no one interrupts, there is a pause between each discourse and a civility beyond mere lack of rudeness, but upon listening, one realizes that each one of the individuals is speaking about a completely different topic, and there is no interaction or even acknowledgment that anyone is listening to anyone else — does this all of a sudden undermine the concept of what is occurring?

This is an Age of Discord — of intractable positions taken, where the foundations that once formed the Age of Reason have been decimated and we are left with empty voices of loud vehemence, hollow in content but roaring in volume.  Truth, objectivity, logic and rational methodology — the very essence of discourse and conversation — have been hollowed out and cast aside.

It is now in camps of “us” against “them”, but the singular missing component that has devastated the capacity to have a conversation is the one that no one ever talks about: The ability to recognize and admit that someone else’s argument is superior to one’s own.

When was the last time you heard someone say: “Hey, that argument is quite good and persuasive.  I think you are right.”?  Instead, it is the familiar refrain: “That’s just your opinion.”  And as the volume of decibels increases, the content of substance proportionately and precipitously falls.

There are, of course, various levels of conversations, but one level is clear: Listen to the other side.  This also includes reading, recognizing and understanding the applicable statutes in an administrative process in order to meet all of the elements of the burden of proof.  Being intransigent and stubborn are qualities that makes one feel empowered, but concurrently, are often self-defeating.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal and Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it all begins with knowledge — of the statutes, the case-law and the precedents that apply.

We may all have to concede that the Age of Conversations is over; what we may be left with is a process where, at the very least, one must listen and try to learn.

Federal Disability Retirement is an administrative process which is never simple, and must be approached with knowledge, tenacity and an ear to listening to what is needed in order to meet the eligibility requirements.  Having a medical condition is a start, but it is not enough.  And like conversations that may have started but puttered out without fanfare, preparing an effective Federal Disability Retirement application will take more than talking about how we “feel”.

Sincerely,

Robert R. McGill, Esquire