Federal Employee Medical Retirement: Existence and Being

There is a distinction between existence and being; for the former is something which merely “is”, and over which one has no control over, or the capacity of which to have any input; while the latter is the composite of the essence of who we are — the coalescence of one’s past, present, and future potentiality.

Heidegger’s life work encompassed the attempt to describe the search for being, the revelatory recognition of it, and the systematic approach to unravelling the hidden fullness of being.  It is the difference between going through the motions, and living an authentic life.

That is how Federal and Postal employees often feel just before contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS — for the state of merely existing in order to trudge to work, in order to “get through the day”, only to return home, to sleep, to struggle, to regain one’s strength, energy and stamina for a reserve to be depleted for another day of work; such a process describes an existence, not a state of being.

That is also why scams and “get-rich-quick” schemes continue to successfully con so many — because most people consider themselves merely in a state of existence, waiting to be saved for a life of being, but mistake the conversion from the former to the latter as dependent and reliant upon more money, greater acquisition of wealth, and accumulation of property.  But it is good health and the ability to be pain-free, which forms the foundation for a true state of being.

Disability Retirement for the Federal or Postal Worker is a means of attaining a state of being where rehabilitation and escape from the treadmill of progressive deterioration is possible.  That bifurcation which Heidegger attempted to describe — between a state of mere existence, and the lifting of the veil upon Being — should be seriously considered.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: The Life After

At first, it begins with survival for another day; then, upon a realization that “another day” will merely bring forth a multitude of subsequent such days, the goalposts are moved to allow for several months.  Once the realization hits you that the medical condition will not merely subside or disappear, and continuation in a present mode of existence is simply not a feasible option, then the perspective as to one’s career must by necessity change.  Filing for Federal Disability Retirement benefits, whether under FERS or CSRS, finally becomes an option.

Thereafter, the goal is to outlast the waiting line at the U.S. Office of Personnel Management — to get through the First Stage of the process, and if necessary (and a denial is obtained instead of the approval at the initial stage), the second, Reconsideration Stage.  There are multiple stages beyond the administrative stages, of course, but whatever are the administrative and bureaucratic procedures which must be undergone, the goal is to get the approval letter from the U.S. Office of Personnel Management.

And what happens when that goal is achieved?

One finally recognizes that all such goals were merely intermediate in nature, and it is at that point that one realizes that, upon an approval of a Federal Disability Retirement application from the U.S. Office of Personnel Management, the true goal is to live one’s life after separation from the Federal agency — separation in an administrative sense, certainly, but more importantly, in terms of time and medical recuperation.

Health, some financial security; a peace of mind; and a time of recuperative peace; there is indeed a life after.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Overstating and Understating

Overstating a case in a Federal Employee Disability Retirement case can have the effect of undermining the very credibility of the supporting medical documentation which is supposed to “prove” a Federal Disability Retirement application under FERS or CSRS.  It is similar to seeing a well-edited preview of a movie, where the scenes are cut-and-pasted to make it appear more exciting than the actual movie itself.  Then, when the viewer goes and sees the movie, it is a moment of sensory disappointment.  One does not want that same result to occur when the person at the Office of Personnel Management is reviewing your case. 

The inverse of that, of course, is understating a case.  This rarely happens, and even if it does, there is normally not a negative side to it — although, when I have taken over a case at the Reconsideration Level after an initial denial for an individual who attempted to file the application at the Initial Stage on his own, I found that there were numerous statements in the office/treatment notes that had been overlooked, and an older (but still relevant) evalualtion which had not been previously emphasized.  For the most part, an applicant for Federal Disability Retirement benefits under FERS or CSRS must strike a careful balance between the two opposites, and the tempering guide which should always be used is the medical report(s) itself.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement: Applicant’s Statement of Disability

In most instances, when I am asked to represent an applicant at the Reconsideration Stage, after he or she has attempted to obtain an approval at the Initial Stage without an attorney, I find that the prevailing mistake made is the exaggerated verbosity of the statement itself. The old adage from Shakespeare, which (I know) is too often quoted (and misquoted), from Hamlet, Act 3, Scene 2, where Queen Gertrude responds by saying, “The lady doth protest too much, methinks,” is indeed appropriate and applicable to this issue.

While the applicant’s statement of disability must be detailed, complete, and accurate, it must not be “overstated”. It should reflect the factual and medical integrity of the medical opinions and findings as delineated in the medical records, documents and notes; it should never exceed the medical evidence in assertions, claims or scope. Overzealous self-advocacy is often the problem in cases of disability retirement where the disabled individual represents him or herself. To this, of course, another common adage is applicable: “A person representing himself in court has a fool for a client.”

Sincerely,

Robert R. McGill, Esquire