Disability Retirement for Federal Government Employees: Authentication

There is a process and means by which it is accomplished — as in authenticating a painting or an antique piece of furniture, jewelry, etc.; of an autograph or handwritten letter (although, many will say that in the field of forensic sciences, handwritten analysis is far from reaching a vaunted level of precision or reliability); of a pet’s pedigree or even of a person’s right to have access to sensitive information, etc.

Authentication is thus a process of verification, of identifying X as being Not-Y in many instances, where exclusion by elimination of other possibilities results in the declaration of the genuineness of the person or thing declared to be so.

When applied to an object, it inspects and compares against other objects within a historical context, style, peculiar features of an artisan’s eccentricities, period-characteristics and signature features, etc.  When applied to an individual, it may take into account physical features as well (appearance; finger prints; voice matching; DNA sample, etc.), but could also encompass questions posed and answers given, and depending upon the comparison to known archives of historical background checks made against statements previously provided, deem that an “authentication” has been reached concerning the “true” identity of an individual, akin to declaring that a painting previously unverified is in fact a product of this or that “Master”, or that an antique furniture piece was the craftsmanship of some famous cabinetmaker during the Jeffersonian Renaissance period or from some pop-culture minimalist timeframe during the early Sixties, etc.

The process of “authentication”, of course, can be distinguished from whether or not an individual is living an “authentic life”, as well, and here, the meanings become somewhat muddled and divided.  One can be “authenticated” and be allowed access to sensitive banking information, be allowed to use a credit card, write a check, etc., and still live an inauthentic life (e.g., act like someone you are not, present yourself as a “family man” despite all the while committing multiple affairs; live a double or triple or even a quadruple life and deceive everyone around, etc.).

The process in reaching a conclusion as to whether a person is living an authentic or inauthentic life is somewhat different from “authenticating” a person.  For, to engage in the former analysis, it is normally done for the most part as a self-analysis (i.e., only the person who is living an inauthentic life can know for certain whether it is so or not), whereas the methodology imposed of “authenticating” a period-piece or an individual (the latter) is by applying a more objective standard of comparative review.

For the Federal or Postal employee who is suffering from a medical condition, where the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the dual issues of “authentication” and “authentic living” come to the fore, precisely because the Federal or Postal employee becomes forced into behaving in rather inauthentic ways.

Hiding the medical condition; trying desperately to work through the debilitating symptoms and maintaining an appearance of normalcy; and all the while trying to force a consistency between one’s capacity and the watchful eyes of the Federal Agency or the Postal Service — these are the elements that challenge the authenticity of one’s life.

Living an authentic life under normal circumstances is difficult enough; trying to authenticate one’s capacity to continue “as is” in the face of a progressively deteriorating medical condition makes it all the more challenging.  It may be that preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is the only way forward in forging an authentic pathway away from an inauthentic morass that the medical condition has forced upon you.

Sincerely,

Robert R. McGill, Esquire

 

Attorney for Federal Disability Retirement claims: The price of loyalty

It is the negation of that very concept which we fear; not of loyalty, but of disloyalty.  The positive of it is what we are taught to abide by; of “honesty”, “integrity”, “faithfulness”, “reliability”, and so many other such reputation-bearing ascriptions that one may carry about within the essence of one’s being, like so many medals pinned upon the flesh and blood that constitutes the entirety of a human being, his or her life, the soul of who one is, and how others view and perceive an individual.

How many of us, however, before we cling to and so desperately fight in order to resist the loss of any one of those concepts, have carefully understood, studied and evaluated the value of each?  And thus the question: What is the price of loyalty?  When is the debt satisfied, and to what extent must we travel in order to establish the worth of it, and when does it become too costly such that we decide we can no longer afford the price?

Of course, the mixing of metaphors and analogies can confuse and befuddle, and that is often the problem with interspersing common, everyday-used “practical” realities with those that involve emotional attachments, historical assignations and prescriptions for “good living” or “successful lives”. To conflate concepts involving the “practical” world with the inner sanctum of culturally relative ideas – of “price” (as in, what is the price of a bushel of apples?) and of “loyalty” (i.e., knights in shining armor, band of brothers, filial attachments, etc.) can often lead to a confused state of inactivity, precisely because one cannot distinguish the applicability of one with the other.

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 employee from performing one or more of the essential elements of one’s Federal or Postal job, the question involving the price of loyalty – and its negation – comes at the critical juncture where the suffering from the medical condition exceeds the ability and capacity to continue working in the Federal or Postal job one is positioned in.

Many Federal and Postal employees continue to cling to a false sense of loyalty – that the commitment to one’s career, at any and all costs, is simply the price that one must pay.  But the price to be paid should depend upon the indebtedness owed, and in considering one’s health, such a price should never have to exceed the cost of one’s own health.

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 merely the satisfaction of the debt owed – not by you, but by the terms of one’s employment contract with the Federal agency or the Postal Service, and the price of loyalty, whether real, false or imagined, was long ago satisfied and paid in full the moment you met the minimum eligibility criteria of 18 months of Federal Service under FERS.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation Federal Disability Retirement: Biding time

Inmates in correctional facilities do it; criminals in wait; patients in doctor’s offices who have been informed that there will be a short delay because of an emergency procedure that the physician had to attend to; and most of us in general who live life anticipating disasters, tomorrow’s unfortunate events or the next day’s calamity to come.

We all bide our time in living our lives, and it is the time of biding that is wasted away until, near our deathbed, the expected outcome of disaster never came, the calamity never developed and the corrosion of life never materialized.  It is one thing to wait on another person; another altogether to engage in the patient virtue of sitting motionless or passing the time away in anticipation of something beyond; it is quite another, and perhaps unique, that human beings actually actively engage in the activity of “biding time” in order to start a process.

Vengeance often takes biding of time; planning for a future definitely requires biding time; and old men and women in nursing homes have nothing better to do than to bide one’s time.  To live life biding time, even at the horizon of one’s twilight in elder states of despair, is no way to exist.

For Federal employees and U.S. Postal workers who are beginning the process of, have already begun the procedural steps to, or otherwise are in the middle of the administrative process of preparing, formulating or filing a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the key to “biding time” during this complex administrative process is to have “a plan”.

It is a long, arduous, difficult and time-consuming process.  Even after it is successfully filed, the time waiting upon a decision just at the First Stage of the administrative process can now take a very, very long time, and how one plans to bide one’s time during this long process is something one needs to consider.

Will you remain on LWOP during this time?  Will you resign, get terminated, and will you work at a private-sector job while waiting for OPM’s decision?  Will temporary loss of health insurance be a consideration?  If it is denied at the Initial Stage of the Federal Disability Retirement process, will that mean that you can endure the lengthy second Stage, the Reconsideration Stage?  And if you have to go and have a Telephonic Hearing before an Administrative Judge at the U.S. Merit Systems Protection Board, which will take a minimum of 120 days beyond, will that still be within the plan of attack in biding time?

Hopefully, one’s Federal Disability Retirement filing with OPM will go smoothly; but in the event that all of the proverbial bumps on the road are encountered in your particular journey, it is important to consider the extent of biding time during the process.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The Peripatetic Nature

But for a rarity, we seek its very opposite; consistency, stability, and the duration of longevity; these, we believe, provide for that which we didn’t have ourselves, yearn for, or seek to give to our own offspring.  In domestic legal proceedings, we hear tell of incongruent arguments where, in the midst of separation, the parties delineate what is in the “best interests of the children” — of remaining in the family home, maintaining a stability of regularity, etc.

From our limited micro-perspective, the loss of constancy when contrasted with the length of one’s own mortality from birth to death, is but a linear insignificance in comparison with the age of the universe.  Conceptually, we recognize this; and yet we constantly fight against it.  Our forefathers maintained a single job from youth to death; then, someone thought of the idea of “retirement”, and suddenly there were mandatory age requirements and proposals floating about concerning the “golden years”, all the while keeping pace with mass constructions of nursing homes and home healthcare services.

The incongruity and self-contradictions are palpable, but somehow we get away with it all.  Is man a seeker of stability, or does he possess a peripatetic nature?  Beyond such a question is the tendency to reject and resist being “forced out”.

For the Federal employee and U.S. Postal worker who suffers 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, the persistent harassment, the hostile work environment created, and the progressive insistence of pernicious pettiness invoked to make life unpleasant — these are all signs to acknowledge that one must “move on” with life.

It is difficult enough to deal with a medical condition; harder still to attend to it in conjunction with work-related pressures.

Stability of purpose is often what we thought we wanted; and for the peripatetic traveler, perhaps moving to another phase of life is an easy thing; but for the rest of us, change — even recognizing the necessity and inevitability, especially for the Federal or Postal employee who must file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset — is something that is hard to accept, given the true nature of man, even if we all think of ourselves as Aristotelian philosophers.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Linguistic Labyrinth

Language is a labyrinth of paths.  You approach from one side and know your way around; you approach the same place from another side and no longer know your way about.”  #203, Philosophical Investigations, Ludwig Wittgenstein.  Life is never a static construct; those who consider it so, are sorely left behind when the winds of change suddenly fill the sails and the slumbering ship awakens with a groan to pull free of its moorings.

Left behind are the days when a person could count on the vocation of the parent, or of a career singular throughout.  Instead, the economy forces us to adapt and reconsider; new skills are needed, or old ones refined and readjusted.  And the feudal days when the kindness of the squire was tested where lameness or debilitating accidents incurred the wrath of life, are bygones of past initiatives thrown to the howling wolves of predatory eyes lurking behind to take advantage of every slight and weakness revealed.

Language is like that, too.  We think that schooling ends when the diploma is handed out, at whatever stage of advancement; but the reality is that the true test of self-initiative begins at that very moment, precisely because liberty allows the freedom to choose between vice or value, where the former is offered freely to the youth who has been released from the shackles of parental control.

For Federal employees and U.S. Postal Workers who find themselves in a position where a career move is necessitated by an unfortunate accident or onset of a medical condition, the truth of Wittgenstein, and of life lived in a world of complexities, comes to the fore.

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 a difficult approach when the mandates of life’s ferocity coalesce in a tripartite convergence:  a medical condition; impact upon one’s ability to perform the essential elements of one’s positional duties with the Federal Agency or the U.S. Postal Service; and the need to secure one’s future in order to attain a level of financial stability.

The unknown labyrinth of language becomes a maze of confusion when the Federal or Postal employee encounters the legal eligibility requirements mandated by the U.S. Office of Personnel Management in order to overcome the obstacles and hurdles in an effort to obtain a Federal Disability Retirement annuity.

Throughout life, the Federal or Postal Worker has approached the path of language from one opening; now, he or she must enter the gates of a bureaucracy which requires expertise and knowledge of a completely different sort, and without the assistance of an attorney, you enter the labyrinth of the unknown at your own peril.

Sincerely,

Robert R. McGill, Esquire