Medical Retirement from the USPS and Other Government Agencies: Construction

Meaning and value are attached to building, and watching the construction of end-products resulting from an assembly-line of incremental, almost imperceptible progression of composite aggregations of artistry.  To build, and to witness the progress of effort expended, is to reveal advancement and accomplishment; and so the evidence of our cleverness is determined by the accumulation of that stuff which represents and constitutes a lifetime of endeavors.

We add children to our family, and watch them grow; we are satisfied when bank accounts enlarge; puppies become dogs; houses are built; office spaces are rearranged and furnished; the empty space is filled.  We witness the building of things, and it is the completion of that which we construct that provides for satisfaction and value upon the end product, before we go on to the next, and the next.

But what of human value?  Is the pinnacle death, or some intermediate vortex where the progression on a graph reaches an apex, then trends downward towards a demise?  Can we analogize the construction of an inert object and extrapolate an anthropomorphic value in comparison with a person’s life? Medical conditions and their interruptive characteristics have a tendency to suddenly bring questions encapsulating value, meaning and futility to the fore.  One can spend a lifetime building, only to watch the fruits of such labor become diminished, or destroyed, through the intervening unexpectedness of a medical condition.

Filing for Federal Disability Retirement benefits by the Federal employee or the U.S. Postal worker is often viewed as a stop-gap measure which fends off the tides of change. Change is unfortunately an inevitability of life.   For the Federal and Postal worker who has spent a lifetime building for the Federal Sector, who suddenly finds that a medical condition prevents him or her from performing all of the essential elements of one’s job, and must therefore face (a) resignation, (b) termination, or (c) the alternative option — whatever that may be; it is the last of the three options which possesses the potential for future construction.

Federal OPM Disability Retirement is the option available for all Federal and Postal workers who meet the minimum time and age criteria, in the effort to stem the downward spiral of a dismantling effect upon a lifetime of value, meaning, and teleological progression of building and construction.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement: Making the Legal Argument

Legal arguments are merely a subset of ordinary ones; as variations of the facetious quip goes, if the facts are not on the lawyer’s side, then he will argue the law; if the law is not, he will argue the facts; if neither, then he will attempt to confound and obfuscate both.

By sequence of logical argumentation, it is self-evident that “facts” must be the first order of presentation; then, persuasive discussions concerning those facts, forming and molding a given perspective (for there is surely a distinction to be made between that which “is” and that which “is seen” by a particular individual, bringing in the subjective component of interpretation and conveyance of information); and only after the facts have bespoken should persuasive efforts follow; and then, the legal argument to be made.

Thereafter, the question of how aggressive a legal argument; of pounding like a hammer, or the subtle tap of the constant but insistent drumbeat, guiding the listener with a roadmap as to why a decision should be made pursuant to persuasive force, or threats of further legal action.

For the Federal and Postal worker who is trying to have a Federal Disability Retirement application approved, the art of persuasion, the effective use of legal argumentation, and the delineation of factual roadmaps must be coordinated with the utmost of care.  Administrative processes are often replete with frustrating procedures to follow, and it is a dangerous endeavor to allow for one’s frustration to erupt when dealing with a bureaucracy which is rarely responsive, and normally unaffected by the most dire of circumstances.

Thus, in sequence of logical argumentation: The facts as portrayed in as objective a manner as possible; the interpretation of the facts, such that the subjective perspective is insightfully applied, but without the overuse of the “I’ or “me”; argumentation; then, and only then, the applicability of the law.

Federal Disability Retirement is a benefit offered to all Federal and Postal employees who meet the minimum eligibility requirements of time in Federal Service, age and a level of medical evidence which must be carefully and thoughtfully presented.

As such, for the Federal or Postal worker who intends on filing for the benefit of OPM Disability Retirement, whether under FERS, CSRS or CSRS-Offset, the art of factual and legal argumentation must be presented with persuasive force, often like the slow dripping of an unconstrained faucet, as opposed to the break of a dam.

Sincerely,

Robert R. McGill, Esquire