OPM Disability Retirement: Interruption of Tradition

The common remark against the American culture is that it lacks any stabilizing force of tradition.  That is a fair criticism, given that it has emerged from a recognized “Old World” and designated as the “New World”; and, indeed, it is where cultures and traditions were left behind, in search of a fresh beginning and open opportunities to remake one’s self, the future, etc., and thus leaving behind the past and old ways of living and thinking.

That is the macro-cultural perspective; but within the microcosm of one’s insular universe, the privacy of small pockets of traditions form.  Individuals and families perform acts, engage in daily living and embrace repetitive forms of normative establishments, thereby creating private dwellings of tradition.  Yes, the concept of tradition normally is comprised of the transmission of an established set of values, beliefs, etc., from generation to generation; but if there exists none, and freedom and liberty continually interrupts the constancy of cross-generational transference of the old ways, can one “create” a tradition within a family, a group, or an individual?

For the Federal employee or the U.S. Postal worker, the vacuum of a lack of tradition necessitates finding security and refuge in one’s family and the daily, repetitive connection with one’s Federal or Postal employment. That is why filing for Federal Disability Retirement benefits is often an extremely traumatic event.  Where values and self-identity are formed within the context of one’s employment, and where such identification of self extends for years and decades back to one’s family, the sudden interruption and dismantling of a lifetime of daily routine in performing the essential elements of one’s job, is indeed a trying and difficult time.

If “tradition” is likened to “routine”, and instead of inter-generational transmission of values, it is replaced with a set of constancy of actions over an expansive period of time, then the need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management can be likened to the sudden uprooting of a person who must travel from the “Old World” to the New World.

What devastating impact upon the psyche must have occurred upon arrival to a strange land.  But then, such psychology of trauma must be similarly experienced by the Federal or Postal worker who loves his job, but where a medical condition suddenly necessitates the sudden demise of working for a Federal agency or the U.S. Postal Service; and where one’s self-identity must now change because he or she can no longer perform all of the essential elements of one’s Federal or Postal job. Whether under FERS, CSRS or CSRS-Offset, the Federal or Postal worker who, as a result of a medical condition, can no longer perform one or more of the essential elements of one’s job, can file for, and become eligible to receive, Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Yes, it can be a traumatic event; and, yes, it can be the destruction of a tradition of years of established routines in one’s life. But like the immigrant of old who had to uproot from a land where opportunities faded and starved, the Federal and Postal worker who files for Federal OPM Disability Retirement must look to the future, and follow the sage advice of old, as Horace Greeley is said to have quipped, and to “Go West, young man…”

Sincerely,

Robert R. McGill, Esquire

Delaying the Filing of Your OPM Disability Retirement Application

Delay temporarily suspends for a time in the future; sometimes, at the cost of immediacy of pain, but the human capacity to ignore and obfuscate allows for procrastination to be an acceptable act of non-action.  But certain issues defy the control of delay; medical conditions tend to remind us of that, where attempted suspension of dealing with the pain, the progressively debilitating triggers, or the panic attacks which paralyze; they shake us to the core and pursue a relentless path which betrays procrastination.

For Federal employees and Postal workers who suffer from a medical condition, such that the medical condition prevents him or her from performing one or more of the essential elements of one’s job, filing for Federal Disability Retirement becomes an employment option.

When to file has some room for delay; it is, after all, the underlying issue which must be attended to first and foremost — that of the medical condition.  But the Statute of Limitations in a Federal Disability Retirement case imposes a structural administrative procedure which cannot be ignored.  The Federal and Postal worker who is separated from Federal Service must file a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, within one (1) year of being separated from Federal Service.

So long as the Federal or Postal worker is on the rolls of the agency, the tolling of the statute of limitations does not begin; but once separation from service occurs, the 1-year clock (with some exceptions, but ones which you should not rely upon to subvert the statute of limitations) begins.

Delay for a specific purpose is sometimes acceptable (if one is still on the agency rolls), as in undergoing a medical procedure or seeing if a treatment regimen will work; but delay beyond the bureaucratic imposition of a statute of limitations is never one which should be allowed, as the benefit of a OPM Disability Retirement annuity will be barred forever.

Sincerely,

Robert R. McGill, Esquire

 

Experience and Federal Disability Retirement Benefits

The vicious circularity of having or not having “experience” is comprised of the following: If too much weight is placed upon it and one is passed over because of its lack, then one will never be able to attain the experience needed in order to qualify; in order to attain experience, one must be given the opportunity to grow by trial and error; but such trial and error only reveals the lack thereof.

For most endeavors, the experience of undergoing X is merely a singular event, and one need not have repetitive encounters in order to aggregate a composite of a series of such events in order to become “better” at it.  For FERS and CSRS employees, whether a Federal employee or a U.S. Postal worker, the experience of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, is normally just a singular lifetime event.

The experience itself may well be a difficult one; and while no prior experience is required in order to prepare, formulate and file for Federal Disability Retirement benefits, it is often a good idea to obtain the counsel and advice of someone with experience, in order to make the process a less-than-devastating experience.

Experience matters; experiencing an administrative process without the guidance of experience makes that experience all the more a difficult experience. It is in these conundrums of life that we find the true puzzlement of the tumultuous linear-ness of experiential phenomena, and for Federal and Postal employees filing for the difficult benefit of an OPM Medical retirement, such mysteries are made all the greater when one is left in the dark about the secret matters which boil in the cauldron of a witch’s brew.

Sincerely,

Robert R. McGill, Esquire