OPM Disability Retirement Law: The Fortress We Build

It is a mindset.  And, like all mindsets, the strength of the belief is revealed by the actions we take.  Whether stemming from an insecure childhood or some trauma experienced later in life, the mentality of the fortress we build manifests itself in the way we approach problems, the manner by which we live our lives, and the methodology of our reactive devices.

Do we live without concern for tomorrow?  Is our attitude one of trust and acceptance, or do we fear others and distrust even those closest to us?  Do we hoard things, believing that tomorrow may foretell of disasters yet to occur?  Are we wont to avoid new relationships because the old ones have failed us?  And: Do we fear life, as opposed to viewing each day as a challenge to be met and conquered?

Then, of course, our vulnerabilities will open us further to the fortress mentality, and medical conditions will surely test our resolve.  Medical conditions ascertain for us and validate such a mindset — that we need to build and create stronger fortresses against a world which continually fails us.

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, the “fortress” we build may likely include filing for Federal Disability Retirement benefits under FERS.

For, that is precisely what the Law of Federal Disability Retirement was intended for — to allow for a fortress of future security resulting from the vulnerability resulting from a medical condition.

Contact an OPM Retirement Lawyer who specializes in Federal Disability Retirement Law and begin the process of forging a different kind of fortress we build — that of a Federal Disability Retirement annuity.

Sincerely,

Robert R. McGill, Lawyer

 

OPM Medical Retirement Benefits: Of human endurance

We marvel at the cheetah, at the graceful way in which it can outrun a prey, overtake it with such effortless ease and kill its target with efficiency and purposive aplomb; but of a longer race, we all know that only endurance can defeat such focus of a killing machine.

Endurance is the unique reserve of human beings; for, what other animal can withstand the overload of stimuli bombarding each of us on a daily, persistent and incessant basis?

The city dweller who must contend with the noises unrelenting from all directions; even a drive through the countryside requires such focus and concentration to avoid pitfalls and potholes; and, of course, daily living in the modern era can no longer allow for a quiet, plodding existence in a pastoral setting where the milkman arrives to deliver morning freshness and the bells of a church can toll in the midday sun of lazy summers.

Of human endurance we think is limitless, and so technology marches on, ever creating faster and more efficient interconnections, and with each new invention we are told that — not only will it save us time and allow for greater comfort — hardships will resolve and melt away.

Certainly, the minimal technology has brought comfort to us all — you know, those things we take for granted, such as electricity, central heating, air conditioning, etc.  But of the Internet — of this constant need to be “connected”, and to amass hundreds, thousands, and tens of thousands of “followers” or “friends”; of human endurance, can it be withstood?

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, it is the test of human endurance that is often the issue.  For, how much more can a person stand?

Things were once going “smoothly” — if by “smoothly” is meant that one’s existence with the balance between work, family, rest and health had been maintained within a tenuous string of efficiency and lack of disruption.  But once the medical condition was added to the mix, suddenly the test of human endurance was being stretched beyond its limitations.

That is what FERS Disability Retirement is meant to alleviate — the overload of stimuli, responsibilities, the proverbial “to-do list”, etc., in order to focus upon the one thing that both cheetahs and human beings require in order to test the limits of endurance: health.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement: Enduring, surviving or achieving victory

The first two in the tripartite of conceptual constructs are similar in meaning; the third and last, an extension beyond where it may include a historical background of the first two but emerge with a separateness of conclusion from them.  To endure is similar to surviving; to survive, to endure the difficulties and maintain a semblance of remaining intact.

One can “endure” a traumatic event and survive it; similarly, one can survive such an event and, in retrospect, realize that to have endured the experience was the very key to such a conclusion.  One can endure and survive, however, and yet fail to achieve any victory.  For, victory is the conclusion and outcome of how one has endured and survived; the first two are thus necessary condition precedents, in one sense, in order for the third to occur.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of the Federal job, the necessity in filing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management may become a reality.

For the time being, perhaps the medical condition has not gotten “too bad”, and the Federal or Postal employee may be able to endure the difficulties, go into work and maintain a level of productivity such that no adverse actions from the Federal Agency or Postal Service may result.  Or, the medical condition may be tolerable such that the Federal or Postal employee may be able to survive for the next year, or even the following few years, and be able to endure the turmoil of balancing work, family, progressively deteriorating medical conditions and the essential elements that the Federal or Postal employee must be able to endure.

If and when the time comes, however, for the Federal or Postal employee to consider preparing, formulating and filing an effective Federal Disability Retirement application, the test at that point will not be whether or not the Federal or Postal employee can endure or survive the lengthy administrative process of a Federal Disability Retirement application, but rather, whether one can come out at the “other end” by achieving victory.

In order for that to happen, knowledge of the legal basis to be argued, the necessary connection between the medical condition and the essential elements of one’s Federal or Postal job – all must be effectively compiled, argued and persuasively presented.  For that to happen, you will need to consult with an attorney who specializes in Federal Disability Retirement law.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The Adaptable Criterion

If a criterion is advanced at the outset, one expects that the details of its applicability will result in a fair outcome so long as the requisite subsets are adhered to.  The problem is one of generalizations, however, and the linguistic malleability of hermeneutic interpretation, and in the end, the honesty of the individual.

There may have been a time when the sin nature of man was contained, and Pandora’s box was sealed, or at least somewhat secured; but once relativism creeped into the general populace, the game of restraint was lost forever.  Once, when man was left to individualistic devices, and information concerning the world was considered esoteric and reserved for the ivory towers of science and theological hoods of mystery shorn by Jesuit Orders of secrecy and cavernous enclaves of furtive whispers echoing down dark chambers in secluded corners, the application and usage of criteria demanded knowledge beyond the commonplace. Now, with Google and other search engines, everyone knows everything, or nothing at all.

For Federal employees and U.S. Postal workers who are considering 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, the “trick” is to review the legal criteria, amass the information in a manner which fits the applicability for eligibility, then to “make the case” for an approval.

Is it a science?  Or, more precisely, are the regulatory subsets “open to interpretation”?  And more to the point:  Do the Administrative Specialists at OPM adhere to the “letter of the law”, or is hermeneutics less than an honest methodology these days?  Where human nature is concerned, one need not stray too far from the general knowledge of the masses.

If one has lived long enough, you know that you should always walk through the busy streets of a city with one hand on your back pocket, protecting your wallet.  Pickpockets are everywhere, and in preparing, formulating and filing for Federal Disability Retirement benefits through OPM, the Federal and Postal worker should always be cognizant of the fact that the adaptable criterion is not the fault of the agency or the promulgators of legal standards, but merely reflects the fact that Pandora’s box was left open long ago, and the serpents of horror and dishonesty were left to roam the earth like never before.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Happiness Goal

Whether human happiness is the goal to strive for, or as a byproduct to savor in those moments of sudden revelation, is for each individual to ascertain and abide by.  One can study the sages and philosophers and realize that there is a distinction to be made between joy and happiness, of contentment and satisfaction, and from a sense of peace as opposed to the turmoil of anxious foreboding.

Life is full of moments; but is it for those moments we live, or do such ethereal segments compel us to greater achievements?  From Aristotle’s Eudaemonism to Confucius’ focus upon maintaining the balance between family and normative behavior, or the extreme nihilism of Nietzsche and the existentialist’s embrace of the absurd, the modern approach has been to ensconce happiness as the principle of highest regard.  But life has a way of interrupting every neat packaging of human endeavor.

For Federal employees and U.S. Postal workers who suffer from a medical condition, whether of physical pain, the chronicity of progressive deterioration, or the overwhelming psychiatric conditions which impact mental acuity, cognition, with symptoms of depression, anxiety, panic attacks, etc., the desire for the “happiness principle” is sometimes merely to have a day without the symptoms of one’s medical condition.

Filing for Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal workers is under FERS, CSRS or CSRS Offset, can be an intermediate goal, and not an “ultimate” one.  For, in the end, if the Federal or Postal employee can no longer perform one or more of the essential elements of one’s positional duties, the loss of job satisfaction will be exponentially heightened either by the agency (through disciplinary procedures or termination of employment) or by one’s self (through frustration of purpose, increasing recognition and acknowledgment of one’s inability and incapacity, etc.).

In the end, the “happiness goal” is often defined by who controls what; and in taking the first steps toward preparing, formulating and filing for Federal Disability Retirement benefits through OPM, one asserts control over one’s present and future endeavors, and fights against the winds of time and mortality by controlling the undetermined destiny of a period of life yet to be deciphered in this complex world of mysteries wrapped in a chasm of conundrums.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Application: Eligibility & Entitlement

The two concepts are often confused; for the Federal employee and the U.S. Postal Service worker filing for Federal Disability Retirement benefits, the frustration is often voiced precisely because of the misapplication of the legal import between them.

Eligibility is determined by the contingencies which must be met, the thresholds of prerequisites which must be satisfied:  The Federal or Postal employee must be either under FERS, CSRS or CSRS Offset; the minimum number of years of Federal Service must have been accrued; the Statute of Limitations must not have already passed; further, then, some age limitations need to be considered as a practical matter, to allow for pragmatic justification to even apply.

Entitlement is based upon proof.  As the law is set by statutory authority, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management requires that the Federal or Postal applicant meet certain preset standards of acceptable proof, based upon that which constitutes sufficiency of satisfaction.

The legal standard is based upon a “preponderance of the evidence“; the evidentiary requirement provides that a tripartite nexus be established between (A) the medical condition, (B) the Federal or Postal position which the Federal or Postal employee occupies, and (C) evidence showing that as a result of A, one or more of the essential elements of B cannot be satisfied.  Further, there is the “D” component, and that involves the issue of “reasonable accommodations” and whether the Federal agency or the U.S. Postal Service can reassign the Federal or Postal employee to a similar position at the same pay or grade.

It is only upon the initial satisfaction of eligibility requirements that the Federal or Postal employee can then further investigate whether entitlement is feasible or not.  Thus, “entitlement” in this sense is not based upon meeting eligibility requirements; rather, satisfaction of eligibility prerequisites allows for entrance into the gateway of establishing entitlement.

Sincerely,

Robert R. McGill, Esquire