Disability Retirement for Federal Government Employees: Sides (Part I)

Was there a time when moral order, social propriety and conventional codes of conduct were bifurcated in such clear and identifiable demarcations, such that everyone knew the rules and roles by which to abide?  Or were there always overlapping and invidious borders which constituted conditional conundrums?  Movies of the old west are still enjoyed today, if not merely for entertainment, then for the simplicity of identifying the differentiation between good and evil, where the grey dawn of loss of certitude is rarely implied.

People take “sides” each and every day, but the lack of verifiability in determining who stands for what, and what issues are truly worth standing up for, has become a problem of infinite and exponential magnification of wide and confusing latitudes. There are some things in life where privacy must be guarded with the utmost of heightened protective instincts. “Choosing sides” is something we all learned in school; how we choose, and what titers of alarms we utilize, is all the more important when it comes to personal integrity and future security.

For Federal and Postal employees contemplating filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, the question of who our friends are, will quickly surface during the process.  Identifying the adversary is thought to be an easy process; thinking that a supervisor or coworker is a “friend” to be relied upon, is a more daunting and dangerous endeavor.  That is where the confidentiality of an attorney can be helpful.

The beauty of old films and archaic cowboy movies, is that the black-and-white film footage clearly and unmistakably identifies the man in the white hat.  That is the “good guy”.  Within Federal agencies, such clear identification for the Federal or Postal Worker who begins the process of preparing, formulating and filing for Federal Disability Retirement benefits, is a rare occasion.

Choosing sides is important.  How one chooses; whom to rely upon; what advice to follow; all are confusing conundrums within a complex world of backstabbers, betrayals, and agencies populated by those who seek to become the next Lady Macbeth.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement for Federal and USPS Workers: Striving for an Unobtrusive Life of Quietude

When first entering the adversarial universe of trial lawyers, a kindly but seasoned opposition who easily made foolish mincemeat out of the flustered composite of inexperience and youthful exuberance, but later approached to compliment the young whippersnapper to give some sagely advice: “You have a yellow pad. That is good. You kept looking down at it as if it was a security blanket. That is revealing”.

Whenever I see a man with a roadmap, and it is my job to disrupt the travel route from Point A to Point Z, it makes my job easier to make the opposition take some circuitous routes to force the journeying adversary onto more interesting pathways, to make him take in the sights and travel in a zig-zag manner, rather than in the straight line he desires to take. Point taken.

Revealing too much can have the negative effect of allowing the opposition to know one’s travel route; and if the purpose of one’s mission is to make miserable any goal-tending individual and preventing him or her from attaining a life of unobtrusive quietude (as is often the superficial purpose in life of Supervisors, Managers and other minor dictators who control multiple miniature fiefdoms throughout the Federal and Postal Sectors of employment), then providing an insight into one’s itinerary is like posting a copy of the newly discovered treasure map on Facebook and expecting secrecy because you clicked on a few privacy settings.

It is, indeed, a sad world in which we live; for, if the goal of most is merely to attain an unobtrusive life of quietude, the minimalism of expectation is for each to respect the privacy-space of one another. But perhaps that is asking too much of humanity.

For Federal and Postal employees, whether under FERS or CSRS, who suffer from a medical condition such that the medical condition has interrupted the unobtrusive life of quietude, filing for FERS Disability Retirement benefits through one’s agency (if one is not yet separated from Federal Service, or has been but still within 31 days of such separation) is the administrative requirement. If separated for more than 31 days, then the Federal Disability Retirement application needs to be filed directly with the U.S. Office of Personnel Management.

In either event, of course, all Federal Disability Retirement applications end up at OPM.  But in so doing, timing, the extent of any prefatory information to be revealed to the agency; to whom; for what purpose; and the ultimate question: When? These are all questions and concerns which must be dealt with in a sensitive, thoughtful manner, and particularized to each situation.

Mapping out a strategy on the proverbial yellow pad is an intelligent approach to take; providing a copy of what one has prepared, to whom, when, and to what extent, will determine whether one’s journey is an unobtrusive straight line from point A to point B, or a zig-zagging line of confusions beset with multiple points of disquietude.

Sincerely,

Robert R. McGill, Esquire