Medical Retirement under FERS & CSRS: The option of nothing

The path of least resistance is often to simply do nothing.  To make an affirmative choice is sometimes a painful one involving sacrifice and steps taken which will determine an outcome, later to be judged by retrospective insight, as to whether it was the “right” one or a “wrong” one.

To negate, refute or otherwise do the opposite, and to say “no” in the choice-making process, is also an “affirmative” one, if only in the negative sense.  It is still a call made, a judgment asserted, and while the “no” may not be able to arrive at a retrospective viewpoint as to whether it was the “right” one or the “wrong” one (precisely because, in the very negation of making a choice, one may never see any further consequences, but merely a nothingness that prevails from the option to not do that something, which is essentially a double-negative that results in nothing).

The worst option to assume is to allow lapse to occur – to do nothing, neither affirmatively nor negatively, and allow outside circumstances to determine the course of fate.  In taking such a path of least resistance, two things occur: First, you have left it in the hands of circumstances, and failed to take any affirmative steps in the allowance of lapse; and Second, the fact that you will never know it was a good or bad idea to allow for the lapse means that you have forsaken the entire decision-making process, and thus you disengaged yourself from the importance of life’s major participation.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the Statute of Limitations that imposes a restriction upon post-separation filing is One (1) Year.

Thus, the law is as follows: Upon separation, whether by termination or resignation, of a Federal employee, that Federal employee has up until 1 year to file for Federal Disability Retirement benefits.  If the Federal employee files for Federal Disability Retirement within 364 days of the separation from Federal Service (give yourself at least 1 day, just to be on the safe side), then no harm is done.

If the Federal or Postal employee determines not to file (i.e., a negative – affirmative decision), then so be it, and after the 365th day, that Federal or Postal employee is forever prevented from asserting his or her rights under the Federal Disability Retirement laws, acts, statutes and regulations.

If the Federal or Postal employee simply does nothing – neither making an affirmative or a negative decision, and simply allows for the time to lapse and the opportunity to pass – then the path of least resistance has been taken, with the opportunity to engage in the decision-making process forever lost.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The Peril of Bypassing Process

Efficiency negates process naturally; or, if not in pure extinguishment, a progressive curtailing of the methodology of reaching from initiation Point A to finality of journey at Point B.  Additionally, when American Pragmatism combined with capitalism of the tallest order sets about to attain the greatest return in the shortest time possible, with minimizing effort and curtailing human toil, it is the end-product which is the focus, and the profit to be gained.

Relational interaction is thus cast aside; craftsmanship, the care of an artisan, and the sense of community abiding in the very linear compendium of efforts expended — they no longer matter.  That was the essence of Marx’s complaint — that the disaffected worker no longer possessed any connection to the product of his or her toil, and the separation from process resulted in the alienation of meaning.  It is, indeed, a perilous journey to forego the process; for, “how one does something” is inextricably tied with “how well one does it”.

As process is the means to get to the result, so shortening the time, length of effort and expenditure of resources, is the natural inclination, and defines that for which American efficiency has been universally praised.  For bureaucratic and administrative matters, however, it may just not be possible to curtail the conditions of one’s journey.

Thus, for Federal employees and U.S. Postal workers who 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, CSRS or CSRS Offset, the desire to short-circuit the process and to forego the patience needed in order to survive the bureaucratic morass of one’s own Federal agency or the U.S. Postal Service, then the requisite wait at OPM, is often a painful result unhappily faced and unpreparedly encountered.

Bureaucracy by definition finds its purpose for existence in the very complexities of its own creation.  Filing for Federal Disability Retirement under FERS or CSRS is a process which cannot be curtailed, and any attempt to circumvent or otherwise alter the administrative and procedural content of the methodology of the journey itself, is done at the peril of the person who ponders such posturing of heretical penitence.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Games

It is primarily a form of play or sport; but in other contexts, used as a verb, it can imply or denote the manipulation of rules in order to attain a result through unfair or unscrupulous means.  As a sport, some engage in the competitive aspects of life itself, outside of the boundaries of organized or even recognized activity — as in playing “mind games” or harassment for purposes of torturing and victimizing.

Fiefdoms tend to encourage that sort of gamesmanship; and while Feudal Lords no longer exist in an official capacity, they continue to pervade through vestiges of barbarity concealed in the cosmetic niceties of polite society.

Perhaps, in some form during the Darwinian lineage of evolutionary survivorship, when brute strength alone resulted in the genetic alterations through environmental forces necessitating unrelenting characteristics in the expansion of the species, the voice of reason was lost, the soul of empathy extinguished, and the fathomless essence of humanity became a whisper of past hopes and bottomless faithlessness in epochs forever forgotten.

For Federal employees and U.S. Postal workers who suffer from a medical condition, the “game” of harassment, intimidation and unremitting stress piled on in order to test the outer limits of tolerance, is but a daily occurrence no stranger to the fiefdom of yore.  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 positional duties, will need to make a decision in the process of such encounters with coworkers, Supervisors and Managers:  to remain in that “game” of no returns, or to exit and move onto other and more fruitful activities.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee is under FERS, CSRS or CSRS Offset, is a means of moving on with life.

Study history for a few moments, and one can see the barbarism of the past; study it for a considerable pastime, and one can comprehend the loss of hope for the present; study it for a lifetime, and one may see the faint glimmer of light for one’s future.  For, as life is not merely a game, but more of an endeavor beyond mere survival, so recognizing that cutting one’s losses before the game’s end is often the smartest move, and that includes preparing, formulating and filing for Federal Disability Retirement benefits through OPM, when the time is ripe and necessary, as in the “now” of forever tomorrow.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney: Farmer’s Market

They have cropped up everywhere, and have become popular sites where suburbanites can sense a closer connection to the food they put on their tables.  But as with all seasonal exchanges, the level of interaction is based upon the changing environment, the availability of produce, and the trending nuances of health, life and manner of living.

In the wintertime, the abandoned stalls and the empty inventory tells of a change of seasons.  We walk, observe, pick and choose, and if the color of the tomato doesn’t quite seem right, we pass by with nary a nod, or word of silent question mark.  Which side of the Farmer’s market are we on, in any given day?  Are we the seller of produce, or the buyer of selective goods?  Do the seasons change, and the temperatures ebb and flow, and are we malleable like the sea breezes that touch upon a morning surf?

Federal employees and U.S. Postal workers often feel the interchangeable position, and the vulnerability on any given day, based upon the changing of seasons.  Federal and Postal employees who suffer from a medical condition, such that the medical condition impacts one from performing one or more of the essential elements of one’s job, are likened to Farmer’s markets which come and go, and who set up stalls for selling of goods and produce, or were once like visitors looking for something different than the frozen foods at the chain supermarkets.

Once, the sense of being in control prevailed — whether in displaying one’s produce as the seller, or as the consumer choosing based upon the look of the fruit or vegetable.  Then, suddenly a medical condition comes into play, and options seem to diminish; whether from the perspective of the merchant, or of the buyer, you can’t seem to last the season in either role.

The option of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is something that becomes a necessity for the Federal or Postal employee who suffers from a medical condition which prevents one from performing the essential elements of one’s Federal or Postal job.

Like the changing of seasons, it brings to the fore the availability of one’s “product”, and makes of one the onlooker who doesn’t purchase, as well as the weekend merchant who tenders at the local Farmer’s Market, only to get back to one’s “real job” of toil and turmoil, like the rest of society who must contend with the forces of nature’s changing seasons.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Lawyer: Time Was, When…

Reminiscences represent a harbinger of the state of existence and the mental attitude of individuals; once engaged, they reveal the past-oriented focus, as opposed to the future dreams of youth.

Do young people reminisce?  At what point does one engage in such leisurely exercise?  And the spectrum of historical context, or the lack thereof — does the limited span of a past life determine the narrow course of future remembering?

It is always a danger to place too glowing and positive a light on the past; for, as present circumstances may be a pocket of discontent, so the warped perspective may, by contrast, create a fictional scenery of the past by unknowingly diminishing and extinguishing less notable events once experienced.

For Federal employees and U.S. Postal workers who are subjected to the hostility of one’s own agency because of the manifested impact of a medical condition upon one’s capacity to perform the essential elements of one’s positional duties, it is natural to embrace the refrain, “In the good old days”.  Health often brings that careless attitude of flippant fortitude; it is when we have something that we unknowingly take for granted, and when it becomes diminished, or is suddenly gone, the human tendency of regret and return of rectitude begins to pervade.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the pathway out of the muddle of reminiscence; there is, perhaps not yet known to the Federal or Postal employee, life beyond the Federal government or the Postal Service.  If too much time is spent in the past, then the robber barons of yesteryear pervade in the present, to rob one’s future.

Filing for Federal Disability Retirement benefits through OPM is not merely for escapism from a current “bad” situation; it is to secure the future such that there will be one, where one day in the twilight of a life, one can look upon the current negative circumstances and begin with the reminiscence of, “Time was, when…

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Survival

The struggle to get through a given day can be overwhelming.  The complexity of the human phenomenon is beyond mere comprehension; and, as some mysteries are simply unsolvable, so the accepted view of evolutionary will for survivability is defied daily.  Can it really be explained by a language game encapsulating “instinct”, “genetic determinism” and “innate desire to propagate one’s species“?

Such a language game is tantamount to Popper’s falsifiability axiom; it falls into the category of a nice story, and even believable, but no historical data to test its veracity.  Each day is an extreme test of Nietzsche’s calculus of one’s will to live; and, by the way, it is always other people who truly compel the test.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s positional duties, the endurance of survivability is a test of daily will.  What makes it tougher?  It is a question of relativity, of course.

The increasing pressure from the agency for greater productivity was barely bearable before the advent of the medical condition, or its manifested symptoms exacerbated recently; the sudden whispers and glances askance when exiting or entering a room; and the cyclical viciousness of wondering what next the agency will do, is contemplating, or conniving, as the case may be.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may not look like the “be-all” solution in every case; but where the clash of survivability and the lowering of one’s stature within the Federal agency or the U.S. Postal Service from one of “golden boy (or girl, as the case may be)” to “questionable”, then the proverbial writing on the wall may necessitate the preparation of an “exit strategy” from the war zone of predators.

In the end, the anthropological account of man as merely one animal among others, and the predatory environment characterized by the paradigm, “survival of the fittest“, is both believable and compelling.

Hobbs, Rousseau and Locke were precursors in their literary genius of bifurcating the condition into that of “state of nature” and “civil society”, and we can still fool ourselves within the surroundings of technology and architectural wonders, that we are somehow above the beasts of burden, and other amoebas and prehistoric entities; but like tumors and other things that grow, survival cannot be the standard of living; otherwise, staying put would be the way to go.

Sincerely,

Robert R. McGill, Esquire