OPM Disability Retirement: The Walking Anomaly

The identity of a person is represented by a composite of memories held, present activities engaged, and future endeavors planned, thus bringing into a complex presence the times of past, present and anticipated future.  It is because of this walking anomaly — of not just an entity living in the present, but of someone who possesses the retentive capacity of memories past, and plans made and being generated for future actions — that the complexity of the human condition can never be fully grasped.

For the individual, therefore, who begins to suffer from a medical condition, such that the medical condition or disability interferes with the delicate balance of the tripartite composite, the fear of destruction of present circumstances, and diminished ability for future progress, is what complicates matters, in addition to the capacity to remember how things were, which only exacerbates one’s anxiety and angst, in addition to the medical condition itself. It is like being caught eternally in the middle of a three-day weekend: one is saddened by the day already passed; one anticipates an additional day, but the knowledge of the diminishing present makes for realization that the future is merely a bending willow in the winds of change, inevitably able to be swept aside.

For the Federal employee or the Postal worker who suffers from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, it is that recognition of past performances and accolades, of accomplishments and successes, combined with present potentialities yet unfulfilled, which makes for a tragedy of intersecting circumstances.  Filing for Federal Disability benefits through the U.S. Office of Personnel Management, whether the Federal employee or the Postal worker is under FERS or CSRS, should not, however, diminish the hope for the future.

Federal Disability Retirement benefits allows for the impacted Federal or Postal worker to receive an annuity, and continue to remain productive and plan for the future. It is the solution for many Federal employees and Postal workers who are too young to retire, and have invested too much to simply “walk away” with nothing to show for the time of Federal service already measured.

In the end, Federal Disability Retirement may not be the best option, but the only viable option available, and for the walking anomaly known as man, OPM Disability benefits may be the methodology to complete that unfulfilled potentiality yet to be achieved.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Vows and Contracts

People take vows for various reasons: vows of silence, as a satisfaction of a prerequisite for initiation into a religious order; vows of marriage, for the union intended for a lifetime of commitment and self-sacrifice; vows of revenge, for a personal vendetta in retribution for actions suffered against one’s self or on behalf of another; and similar vows of unremitting focus until the satisfaction of such enduring commitment is accomplished.  Similarly, contracts are entered into each day, across the globe, between individuals, corporate entities and groups formed specifically for business and personal reasons.

Is there a difference between a “vow” and a “contract“?  On a superficial level, the former is viewed as a “higher order” semblance of the latter.  In a deeper sense, that is not only true, but all the more so — or, in erudite form, a fortiori.  For, to vow is to give of one’s self in totality of being; it is a gift of one’s self, often without any expectation of a similar receiving.

In contract law, of course, it is precisely the comparative analysis of a “consideration” provided and received, which determines the viability and sustainability of the agreement itself.  Far too often, Federal and Postal employees see their commitment to an agency or the U.S. Postal Service as a “vow” in employment, as opposed to a contract freely entered into, and just as freely abrogated when the need arises. This is seen when a Federal or Postal employee suffers from a medical condition and must consider the need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS.

The Federal or Postal employee treats the job as one of a “vow”, as if the significance of clinging on to the position is of greater importance than the detriment manifested to one’s health.  Federal Disability Retirement benefits, offered to all Federal and Postal employees under FERS or CSRS, is merely a contractual annuity accorded based upon the status of the individual as a Federal or Postal employee, and further proven by a preponderance of the evidence.  No vows have been exchanged — neither of the silent type, implicit, nor explicit, and certainly not of an unequivocal or unremitting nature.

Contractual terms are meant to be asserted; and one of the provisions of the “contract” for all Federal and Postal employees, is that when the Federal or Postal employee suffers 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 the Federal or Postal job, then eligibility for Federal Disability benefits may be invoked.

To accept a contractual provision is never to take advantage of anything, unfairly or otherwise; rather, it is merely a satisfaction of terms. To do otherwise, and to confuse X as Y, as in mistaking a contract for a vow, is merely to bathe in a puddle of muddle-headed thinking.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Orchestration

The quality of a piece of music is defined by sound and silence.  It is the former which is focused upon by most individuals; it is the importance of the latter which is ignored, precisely because the negation of X is never recognized as X until and unless its existence is suddenly lacking.  Silence — that momentary pause which allows for sound to pass by in waves of sonorous beauty — is the untouched beach combed by the lapping waves of quietude.

The orchestration of combining each entrance of every instrument, at the precise moment, preceded by pauses of silence, and tapped by the conductor with precision and sensitivity, is the core of a brilliant musical performance. But orchestration embraces such beauty of composition in all walks of life — from the predator silently creeping to pounce upon its prey in the footprints upon grounds which give way with a flicker of silence or sound, allowing for alerting the victim or not; to the composition of a breathtaking novel in coordinating characters, scenes and descriptive metaphors; the ability to coordinate the complexity of singularities into a cohesive whole is the art of orchestration.

And so it is in filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal Worker is under FERS or CSRS. Federal Disability Retirement may seem to be a purely administrative endeavor which has no connection to the beauty of musical orchestration; but it is in the cohesive adherence of law, statement of facts, and procedural preparedness, that the invisible thread of creativity must come to the fore.

One’s Statement of Disability, standing without the law, is insufficient; the argument of the law, without the medical foundation prepared, is merely a hollow voice of reason; and the lack of creating a bridge between one’s medical condition and the positional requirements and essential elements of one’s job, leaves an abandoned castle surrounded by a dangerous moat.

Metaphor is a key to understanding complexities of life; for the Federal and Postal Worker who needs to file for Federal Disability Retirement benefits under FERS or CSRS through OPM, the orchestration of life’s complexities may require a conductor who guides the instruments toward a successful outcome in the preparation, formulating and filing of a Federal Disability Retirement application, whether one is under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

 

CSRS & FERS Medical Disability Retirement: Stuck in Time

Each of us embraces an era, a period, a slice of time with which we relate to, have fond remembrances of, or for whatever quirky reasons, possess an affinity or attachment to.   Perhaps it is the Fifties, with its stodgy reputation for conventionalism; or the radicalization of the Sixties; via music, movements, political upheavals or cultural phenomena, certain time periods seem to have a hold upon people, depending upon personalities, upbringing, backgrounds and interests.

There is nothing wrong with such creative time travels; it is a recreational endeavor of which we all engage; of watching movies, about which we read books; or even some will don a piece of clothing, such as a bow tie or a style of shoes.   Enjoying a time period can be a soothing leisure activity, often without being conscious of the affinity and connections itself; but it is when we become stuck in time, that problems arise.

That is often how a medical condition pivots a person; unexpectedly and unpreparedly, a chronic, progressively deteriorating medical condition will freeze a person’s family, career, goals and aspirations in a period of time, unable to get unstuck or have the flexibility and options necessary for forward movement or progress.

For Federal and Postal employees, the alternative of filing for and obtaining Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS, allows for the potential capacity to become unstuck again.

Imaginary time travel, for purposes of recreational activities, can be an enjoyable past time; but when one becomes stuck in time involuntarily and through unforeseen circumstances, getting stuck in time becomes a pathway of unforgiving proportions which must be maneuvered out of.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Pre-planned Life

Planning is part of our culture; from birth, to plan for old age; from the first entrance into a career, to consider the options for retirement funding; from the days of schooling, to determine the course of one’s career; and multiple intermediate pre-planning considerations, often mundane in nature, such as what to eat for dinner, how many children to have, where to live, etc.  Whether animals plan for the day, and to what extent, may be debated; what cannot be disputed is the extent and complexity in comparison to the pre-planning engaged in by Man.

But life rarely follows along the neat and uninterrupted course of a plan determined days, months or years prior; instead, the hiccups of life are what make for interesting interludes of unexpected turns and twists.  The proverbial nest egg may not have developed as quickly; one’s expectations of career goals may not have blossomed; a child may have come unplanned; or a lost puppy may have appeared at one’s doorstep.

Medical conditions are somewhat like those interruptions of interludes; they may not be as pleasant as some other hiccups, but they are realities which people have to deal with.

For Federal and Postal employees who find themselves in a situation where medical conditions prevent them from performing one or more of the essential elements of one’s job, it is important to undertake two preliminary steps:  An assessment of the medical condition and whether it is likely to resolve within a year or less; if not, to investigate and become informed about Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS.

One of the elements which must be shown is that one’s medical condition will last a minimum of 12 months.  This can normally be easily accomplished by a doctor who can provide a prognosis fairly early on in the process.

And perhaps a third step:  A recognition that lives rarely travel along a pre-planned route, no matter what you were taught to believe, and more than that, that the value of one’s life should not be reflected by veering into the unknown.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: The Flashpoint

The flashpoint is the temperature at which an organic compound becomes combustible; during the entire time building up to that point, the rising temperature in combination with the chemical reactiveness of the substance was all the while sitting in preparation for the point of ignition; were there options to pursue prior to the point of ignition?  If there had been a change in chemical make-up, then perhaps the point of temperature-to-combination of substance would have altered, where either a higher or lower flashpoint would occur; or, the rise of the temperature, and the rate of acceleration, could have been changed.

Whatever the needed changes in order to avoid the flashpoint, however, one thing is clear:  the options are limited, and any altered states would merely delay the ultimate event of a flashpoint occurrence.

For Federal and Postal Workers who suffer from a medical condition, such that the medical condition impacts the performance of one or more of the essential elements of one’s job, the flashpoint of filing for Federal Disability Retirement benefits, whether under FERS or CSRS, through the U.S. Office of Personnel Management, is an inevitability which leaves the Federal or Postal employee similarly limited options.

One can continue in the mode of life which one finds one’s self in: of the daily treadmill of suffering through the workday with pain, profound fatigue and progressively debilitated emotional turmoil.  Or, one can wait for the Agency to initiate an adverse action, such as a Performance Improvement Plan (PIP), periodic suspensions or reprimands — or removal.  Or, one can begin to prepare, formulate and file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Limited options do not necessarily constitute a flashpoint of negative consequences; yes, a fire bursting in a home is a tragedy, but then there are controlled fires and even naturally occurring ones in fields of decay which benefit the environment.

It is thus ultimately up to the Federal or Postal employee to determine the point of combustibility, and therefore the timing of the event identified as the flashpoint.

Sincerely,

Robert R. McGill, Esquire