OPM Medical Retirement: Balance and Order in a Lost World

Once achieved, death destroys; it is the anomaly of life, that the linear progression leads toward its own terminus, and by slow and incremental degeneration, its own vivacity is defined by a sense of self-immolation.  The realization of attainment almost always occurs upon surpassing the apex of an ordering of one’s life, and so the inevitable decline necessarily diminishes any joy derived from self-reflection of having achieved that balance and order for which we strive.

We can pursue a lifetime of studying Aristotle’s Nicomachean Ethics, and the goal to achieve eudaemonia by living a life of virtue in accordance with reason, and thus comply with the essence of who we are, what we define ourselves as, and thereby fulfilling the conceptual construct of our own inventions.  Or, we can “chuck it all” and attribute absurdity to the universe, genetic predisposition as the defining essence of our being, and justify the arbitrary course of our lives by deconstructing the classical ordering of our civilization’s teleology.

Few of us consider ourselves to be the master of our own destiny; and fewer still, of much influence in the steerage of our direction or course.  We tend to believe in the magic of, “If only…” while simultaneously ignoring our freedom from society’s constraints and liberty’s folly.  And when tragedy befalls, we blame the collective conspiracies of the gods who view us as mere playthings, fodder for unenlightened determinism no more complex than a belief in superstitions once thought lost in the antiquity of timeless reservoirs of forgotten bookshelves.

For Federal employees and U.S. Postal workers who must suddenly end his or her career because of a medical condition, because the medical condition no longer allows the Federal or Postal worker to perform all of the essential elements of the Federal or Postal worker’s position description, the loss of balance and order is not just a hypothetical paradigm, but a reality enforced by circumstances beyond one’s control.

Indeed, the “world” within which such balance and order is lost, is not attributable to some greater concept of geopolitical significance, but one which touches directly upon the ephemeral plight of the here and now.  The striving for balance and the need for order; these are fundamental constructs required to maintain sanity and joy; and when the imbalance of life combined with the disorientation tethered by an unexpected medical condition intersects upon the rhythm of daily living, the shaking up of an otherwise tranquil life can appear to be devastating.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is often the necessary step in order to maintain that balance and order forever sought, and now interrupted by the gods of chance; and while the penultimate destiny of life’s striving may now appear to have lost its rationality for direction and purpose, it is always in the striving that one finds a way, and preparing, formulating and filing an effective Federal Disability Retirement application is often a means to a further end, if only to again regain a semblance of that balance and order once gained, and now temporarily lost, in a world already lost but for the insular privacy of one’s own happiness.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Claims: Mental Health, Stress and First Steps

Disquietude is a negation of a former state of being.  Perhaps it is merely a retrospective re-characterization or romanticization of a time or status that never was; or, maybe even a partial remembrance of a slice of one’s life measured as a fullness in comparison to what is occurring in the present.

Regardless (as opposed to the nonsensical, double-negative modern vernacular of “irregardless”), to have a sense of disquietude implies of a former time, event, or state which had a greater positive light than the present one.

And it is in this context that the Federal or Postal Worker who begins to contemplate filing for Federal Disability Retirement benefits, whether the Federal or Postal worker is living in California, Florida, Hawaii, Kansas, Minnesota or Texas (have we effectively zig-zagged a sufficiency of states in order to make the point, yet, or perhaps we need to include Arizona, Georgia, Maine, Michigan, North Carolina and Wisconsin in order to make the point), that one must understand the greater bureaucratic involvement which one needs to undertake before engaging the complexity of the process of a Federal Disability Retirement application.

First, it is a Federal issue, and therefore, it will be unlikely that one will find, for example, a Florida Federal Disability attorney, or an Oregon, Kentucky or Louisiana Federal Disability lawyer; for, it matters not whether or not the lawyer lives in, or is licensed in a particular state, precisely because this is a Federal issue, and not a state issue.

Second, Mental Health issues — aside from being a valid and viable basis for a Federal Disability Retirement application — can either stand alone, or be in combination with a physical disability (isn’t it interesting how we bifurcate “mental” as opposed to “physical”, whereas both are part of the same physiological state of a person?).  Sometimes, mental health issues stand alone; other times, they can be concurrent medical conditions, or secondary ones.

Third, stress is a basis for a Mental Disability Retirement claim, although it must be properly and carefully approached because of issues concerning situational disabilities.

And Fourth, how one approaches the first steps in preparing a Federal Disability Retirement application, will often determine the success or failure of the disability case.

Overall, it is the plan itself, the cogency of the approach, and the gathering of the proper documentation, which will determine the efficacy of those first steps, and whether the stress, mental and physical health of one’s being, will be relieved as a result of filing for a Federal Disability claim.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: A Federal, not a State, Issue

Filing for Federal Disability Retirement benefits under FERS or CSRS constitutes a “Federal” issue, and not a “State” issue.  What this means is that an attorney representing a Federal or Postal employee in obtaining Federal Disability Retirement benefits under FERS or CSRS is not restricted from representing that particular Federal or Postal employee because of the specific state in which a person resides.

Every now and then, it is clear that there is some confusion on this matter.  It is the Office of Personnel Management — a Federal Agency located in Washington, D.C. — which makes a determination on a Federal Disability Retirement application, for the first two (2) stages of the process.  Thus, whether a person lives in California, Hawaii, Texas, Georgia, etc., is irrelevant with respect to legal representation by an attorney who has his or her license to practice law from a state other than the one in which the prospective client resides.

As a Federal issue, and not a State issue, the jurisdictional ability of an attorney who specializes in practicing administrative law in assisting Federal and Postal employees obtain Federal Disability Retirement benefits under FERS or CSRS crosses any and all state boundaries.  What should thus be the focus in determining which attorney is the appropriate one to hire should be based upon experience, competence, reputation and “comfort level” — those criteria which should always be taken into consideration when hiring an OPM Disability Retirement attorney.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Time

Time is of the essence in almost everything we do.  There are timed deadlines for filing a Federal Disability Retirement application; a great amount of time is taken in the bureaucratic processing of the application; greater time is taken by the Office of Personnel Management in reviewing, analyzing and deciding upon a Federal Disability Retirement application; appeals to the Merit Systems Protection Board require time within which one must prepare a viable case before an administrative judge, etc.  Time is a presence in every aspect of our lives.  But within that framework, a comparative analysis of time should always be taken into consideration.  To “rush” the preparation of a disability retirement packet is often penny wise but pound foolish; care and patience should always be taken, both in the writing, preparation and filing of anything to be submitted to a Federal bureaucracy; the Office of Personnel Management is no different.  Rushing something in order to “save time” is often counterproductive.  To take the time to prepare an excellent disability retirement packet will actually save time in the long run.

Sincerely,

Robert R. McGill, Esquire