Tag Archives: early out rules for fers medical retirement

Federal Disability Retirement Law: Obstacles

Some avoid them completely; others, shy away when they can; still others, make a feeble attempt, then easily give up; and yet, there are those who relish the challenge and even seek out in order to test their mettle, their competence or other such virtues real or imagined.

Obstacles exist throughout, whether sought out or avoided; some, no matter the extensive efforts to avoid, appear immovably in every conceivable pathway of one’s “journey” through life, making it impossible to avoid.  Most of us are not self-flagellating egoists who want and desire the challenge of obstacles; rather, the easiest line of travel with the least amount of obstacles is the means to a comfortable life.  We are presuming that the people at Google thought in a like manner, and that is why they invented Google Maps or other such “Apps” for convenience’s sake, in order to avoid those obstacles which delay and frustrate.

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 one’s Federal or Postal job, filing an effective Federal Disability Retirement application under FERS through the U.S. Office of Personnel Management may be a necessity, and if so, two obstacles immediately come to the fore: First — the one you already know — is the medical condition itself, which impacts every aspects of your life and is becoming progressively debilitating, and Second: The U.S. Office of Personnel Management, who looks at every Federal Disability Retirement application as a bank robbery which must be prevented.

In order to overcome the first obstacle, you should do everything to get the proper medical treatment, and to make your health a priority.  As for the Second Obstacle, contact an attorney who specializes in countering the denial of OPM, lest the avoidance of the obstacle unnecessarily becomes a greater one of burdening impossibility.

Sincerely,

Robert R. McGill, Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

OPM Disability Retirement Benefits: Sitting alone

Sitting alone can be dangerous.  Whether early in the morning or late at night, when one’s thoughts are the only neighbor within, and the soliloquy of voices have been shuttered into basement echoes where the drip-drip of a broken faucet reverberates amidst the endless thoughts of tumult and disaster.  The disconnect between reality and thought, betwixt action and mind, become exponentially exaggerated when sitting alone.

Rarely do tectonic shifts in the objective world result in major disasters where entire civilizations crumble and become destroyed; for, each and every day, subterranean movements occur imperceptibly without notice of bystanders who walk from cafe to office; but within the shifts which occur while sitting alone, the tumults of a mind fearful of one’s future become endless nightmares that cannot be contained.

The subtlety of fear unrecognized; the voice within that panders to irrationality; or of the dread that overwhelms — it can all come about through sitting alone.  The cacophony of voices around; the television blaring to drown out silence; friends and acquaintances invited in order to keep out the squeezing quietude of being alone: these are temporary ways of blunting the danger of sitting alone.

It is like having a medical condition and trying desperately to ignore it; at some point, we are all alone in the world, just as the womb that once protected within a catacomb of warmth and security became lost upon the expelling into the cold and heartless universe, and so we remain sitting alone with fear and loathing for a future yet undecided.

For Federal employees and U.S. Postal workers who are sitting alone, unsure of what do to because a medical condition has begun to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it is time to consult with an attorney and begin the process of initiating an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, and to stop avoiding the prospect of sitting alone by becoming lost in the day-to-day struggle of endless points of procrastination.

For, sitting alone is the pathway to realizing the disasters that loom within one’s thinking; it is a consultation with an experienced OPM Disability Retirement attorney that will open upon the doors for a future yet untold.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Claims: Cat’s Cradle

It is the complex game of strings wrapped around the small fingers and thumbs of each hand (or a modification of that contorted vestibule of human appendages), and where each player turns the cradle of the strings into greater complexity with each move by the other.

When children play it, the ease with which each turn of transforming the cradle of strings is a fascinating experience to witness.  When grown-ups do it — or, more accurately described, mess it up royally and invert the design into a an ugly bundle of irreversible entanglements that can no longer be played — the “overthinking” begins, the hesitation blockades and the uncertainty overwhelms.

It is always the grownups who mess up the beauty of the world’s designs, while children play it effortlessly, without conscious thought and with an innocence of proceeding that reveals much about what happens to an individual when you “grow up”.

Of course, we all have to grow up.  It is a sad inevitability.  That is why when the stunted individual who never quite got over his or her high school years, and still to this day talks about that grand finale of his senior year where the glory days of football, parties and friendships that were promised to last forever — that these frozen images yet remain so many years later as the pinnacle of one’s life and achievements — we shake our heads sadly and wonder at the fragile nature of man’s folly.

Cat’s cradle is the metaphor for much of life itself — of how simple childhood is, and yet so complex like the strings that bind the hands that create.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of the Federal job, the time to “think” about the next move — like the overthinking grownup who is asked to take the next step in the game of Cat’s Cradle — may seem complex because of its very simplicity.

There is the future to think about, and all that comes with it.  One’s career, health and future security are all entangled within the strings that wrap around and throughout one’s life, but the question that remains is similar to the conundrum of a Cat’s Cradle — is it you who will make sure that the next design of strings will turn out “right”, or will you leave it up to the Federal Agency or the Postal Service to determine your future course of actions?

Filing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is a complex administrative process —much like the tangle of strings in a Cat’s Cradle —but it is the simplicity of deciding that will make all the difference as to whether the next move will be a successful one.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement Systems: The sacristan

There was once such a job.  Now, of course, the closest we can come to it is forever hidden in the secrecy of our own private lives.  For, there is nothing sacred, anymore, and everything private has been allowed to be revealed in the public domain of electronic declaratives.  Whether of protecting holy oils, ensuring that decretals are unblemished in their interpretation; of maintaining the decorum, orderliness and cleanliness of the altar and the implements of worship; and initiating the timeliness of church bells to call upon the loyal throng to approach with the sacraments of piety.

When did such an important position become extinguished?  How did it become an anachronism and extinction of necessity, and who made such a determination?  Was it with the conflagration of the public domain upon the private – when formerly private deeds, of the sanctity of intimacy behind closed doors reserved by those who commit themselves into a tripartite unity of matrimony?  Was it when youth allowed for the destruction of dignity and defiance of decorum and all manner of discretion, of sending through electronic means photographs of acts beyond bestiality merely for prurient interests and chitter of laughter and good times?

The sacristan is unemployed; he or she is now merely a vestige of an arcane past where holiness, purity and the sacred have been sacrificed upon the altar of inconvenience and guilty consciences replaced by the King of Human Folly:  Psychology.  What do we hold sacred, anymore, and behind what closed door can we find the remains of a past forever absolved?

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical conditions prevent the Federal or Postal worker from performing one or more of the essential elements of one’s positional duties, the question related to one’s own circumstances with the obsolescence of the sacristan, comes down to this:  In the course of dealing with my medical conditions, what altars of holiness have I compromised just to continue my career with the Federal agency or the U.S. Postal Service?  For, as the desecration of the public domain has increasingly harbored the sacred into the domains of private thought, so those reserved altars of inner sanctuaries concern the essence of one’s soul and the inner-held beliefs that remained forever the last vestiges of a sacred self.

Preparing, formulating and filing a Federal Disability Retirement, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is always just a means to an end.  The means is comprised of extrication from an untenable situation; the end is to reach a plateau of life where the sacristan may be reemployed, if only within the inner sanctum of one’s own conscience.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: A Return to Basics

Every few decades, there is a “new” movement which upholds the divinity of returning to the foundational core of one’s existence:  of going back to being a farmer; living a life of an ascetic; stripping away all “unnecessary” accretions and accoutrements deemed as vestries of comfort and “bourgeois” by definition (whatever that means); or, in common parlance and language more amenable to the ordinary person, living more “simply”.

The perspective that such a “movement” is somehow “new” is of itself rather an anomaly; but then, each generation believes that they have discovered and invented the proverbial wheel, and all such past epochs were mere ages of primitive imbecility.   And, perhaps, we are once more in that familiar circle of life, and such a movement has beset the quietude of modernity, again.  As such, let us return to the basics:

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the Federal or Postal employee may need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the “foundational” eligibility criteria needs to be met:  For those under FERS (Federal Employees Retirement System — or the “new” system sometime around 1986 and thereafter), the Federal or Postal employee must have a minimum of 18 months of Federal Service in order to apply.  For those under CSRS, the accrual time is 5 years — and, as such, anyone under CSRS would presumably have met that basic requirement, although a CSRS employee with a long “break in service” could potentially fall short, but that would involve a unique set of circumstances rarely seen.

Further, the Federal or Postal employee who sets about to file for Federal Disability Retirement benefits must either be (A) a current employee (in which case he or she would file first through the agency’s Human Resource Office, then to be forwarded to OPM, (B) if not a current employee, then separated from service not more than 1 year (as the Statute of Limitations in filing for Federal Disability Retirement requires that a former Federal or Postal employee file directly with OPM within 1 year of being separated from service), (C) if separated from the Federal Agency or the U.S. Postal Service, but not for more than 31 days, then to file with one’s former Agency, and (D) if separated for more than 31 days, but less than 1 year, then refer to (B) and file directly with the U.S. Office of Personnel Management in Boyers, Pennsylvania.

These are some of the “basics” in filing for Federal Disability Retirement benefits.  There is much, much more to the entire process, but then again, if one were to expand too far astray from the foundational core of the “back to basics” movement, one would be a hypocrite for allowing the complications of life to accrue beyond the essential elements of life — of water, food and shelter or, for the Federal and Postal employee filing for Federal OPM Disability Retirement benefits, whether under FERS, CSRS or CSRS Offset, the bridge between one’s position and the medical conditions one suffers from.  Go figure.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Benefits under FERS, CSRS or CSRS Offset: Times of Reflection

There is never a time when reflection should not be part of one’s arsenal of daily living; but too much reflection, during “down” times where interludes of rumination can become a compound for exacerbated worrying, may result in unnecessary turmoil, and ultimately of impotent inaction.

Having a medical condition will often force an acceleration of tumultuous worrying, for it impacts one’s future, questions the stability of one’s present, and magnifies wrong turns and decisions made in the past.  But it is the combining of a tripartite approach which provides for effective leadership in any matter:  evaluation and analysis of the problem; initiation of affirmative steps to be taken; and follow-up to ensure application and conclusion to a process begun.

Being in a purgatory of sorts, or suspended through indecision, can often be a seemingly harmless state of being, precisely because nothing is happening; but in the void of nothingness, the fact of failure in progress may be the greatest harm of all.

For Federal employees and U.S. Postal workers, filing for Federal Disability Retirement benefits when a medical condition impacts one’s ability to perform one or more of the essential elements of one’s job, is just such an affirmative step which has to be taken in order to secure one’s future.

Federal Disability Retirement is an administrative, bureaucratic process which can only be secured if the Federal or Postal employee initiates the process through one’s agency, en route to filing with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  It has many stages; multiple potential pitfalls; and a continuum of administrative difficulties.  At each stage of the process, there are bureaucratic requirements which must be timely met.

There is, in life, a time for reflection, and a time for action; the former can be accomplished at the leisure of civilized society where culture, creativity and a coalescence of classics can converge; but the latter must be through sheer will in the context of need, and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset is a combined effort of both reflection and action, where the former spurs the latter into fruition.

Sincerely,

Robert R. McGill, Esquire