OPM Disability Retirement under FERS: Confronting Reality

When are the times we try and avoid it?  Is that the line between sanity and the “darker world”?  If we avoid it more than we embrace it, does it constitute a step beyond eccentricity and fall into the category of bizarre behavior?  If that were the case, how many of us would meet that definition?  Does engaging in entertainment — whether of the couch potato type or of the active one — constitute avoidance?

Say a person binge-watches a certain television series for 72-hours straight, then sleeps for another 72 hours; such a person has certainly “avoided” the reality of life’s responsibilities, duties, obligations, etc.  But would we deem such a person to be insane?  If he were a bachelor who has no commitments or responsibilities, and acted in such a manner during “vacation time” or during a period of unemployment, we would perhaps not give it a second thought.  But say the same person had a toddler whom he neglected for those 100-plus hours — then, of course, we would consider it as irresponsible behavior, if not criminal neglect.

“Confronting reality” is often deemed the antonym of “avoiding reality”; it is something we all do — both confronting and avoiding — and crosses the diving line between “responsible” and “irresponsible” behavior.  Of course, the latter is sometimes necessary in order to refresh one’s self in order to engage in the former, and so we embrace entertainment and leisure activities in order to adequately prepare ourselves to cross over from one to the other.

For Federal employees and U.S. Postal workers who suffer 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 his or her position, confronting reality is often delayed in order to try and extend one’s career with the Federal government.  Often, early on in suffering from a medical condition, it becomes quite clear whether or not the Federal or Postal worker can continue in his or her chosen career.  This is the point where “confronting reality”, however, clashes with the desire to avoid it and to instead embrace the make-believe universe of “What ifs” — What if things improve?  What if the Agency or Postal Service is willing to be patient?  What if they can accommodate me?

Consult with an attorney experienced in Federal Disability Retirement Law; for as difficult as it may be in confronting reality, it is the reality of the law that will help you avoid the pitfalls which you will surely want to avoid in the days to come.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Benefits: Why We Persevere

The question itself often never comes up; for the “Why” questions the motive, when in fact there is never really any other option.  Obligations and commitments; the fact that we have to continue making a living; the alternatives considered; in the end, there is no “Why” relevant to the matter because the choices are limited.  To ask the “Why” question is to engage in an Aristotelian query — as to the “foundation” of an issue, or “first principles” that provide the underlying substratum of origins and causes.

“Why we Persevere” is, for some, a nonsensical query, for there is no alternative but to struggle and to maintain the composure of outward normalcy.  There are times, however, when the question is relevant — as when a given X is necessitated by Factor Y such that the choice of X can no longer be continued because of the condition of Y.

For Federal employees and U.S. Postal workers who continue to persevere in one’s Federal or Postal job, but where the medical conditions suffered have made it no longer possible to continue in the same manner or vein of one’s career, Federal Disability Retirement is the option that needs to be considered.

Perseverance is an admirable trait of human endurance, but when a medical condition no longer allows for even perseverance to maintain the status quo, it is time to consider another option such that one’s health can be focused upon, and where perseverance alone may be the factor that stands in the way and the “Why” question begins to take on greater significance where it is beginning to destroy one’s health.

Sincerely,

Robert R.McGill, Esquire

 

FERS Disability Retirement: Life as a Series of Problems

There are television series; of “mini-series”; of a series of movie episodes once popularity of the first viewing has established the call for a following.

In television and theatrical drama, there has to be an opportunity for “character development” — of getting to “know” a person, of seeing him or her in various contexts in order to determine “who” a person is by what they do, how they react and the very essence of their belief-systems.  Rarely is a play, a story or a novel of any interest when it involves a person or multiple individuals sitting around expounding upon their beliefs or “principles” of life, and why is that?  Is it because a person who talks without being tested can offer nothing more than the sound of air?

The movie of life always presents us with a series of problems; that is what makes a good story, of course — of conflicts, their resolution; the way in which individuals are “tested”, and not merely by hypothetical presentations of analytical problem-solving gestures.

Medical conditions — whether later in life or occurring earlier— always present a challenge that tests a person in so many ways, precisely because medical issues hit at the core of everything about a person: How we see ourselves; what we are able to do; where we go and seek guidance and counsel; and all of the multitude of reverberating effects upon so many varied aspects of our lives.

For Federal employees and U.S. Postal workers who suffer 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 one’s Federal or Postal job, filing a Federal Disability Retirement application under FERS is just one of life’s series of problems.

It is never a guarantee; it is never a “sure thing”; and as OPM appears to be denying more FERS Disability Retirement cases under this Administration than ever before, it is important to prepare and formulate a plan for a Federal Disability Retirement application and to recognize it as another slice of life’s problems in a series of such problems.

Sincerely,

Robert R. McGill, Esquire