OPM Disability Law: The Fatigue of Profundity & Requirement of Repetition

Profundity is overvalued.  With the advent of the internet and information technology, the widespread dissemination of seemingly esoteric array of knowledge and know-how (yes, there is a distinction with a difference between the two), everyone is vying for the heard voice, and the break-out from the herd.  One becomes easily fatigued by seemingly deep insights, or “new” data and facts upon otherwise mundane concerns.

Repetition is considered as a trait of boredom; but the longer one lives, the more one recognizes that there is truly little new under the sun, and the apparent newness of X is merely a regurgitation of the old Y of yore.   But repetition does have its own uniqueness of value, and inherent strength of significance.  For, often, a person who turns the same corner as thousands, and tens of thousands before, may be encountering the next block for the first time, and what those before him or her did has little to no significance to the epistemologically privileged experience for that singularity of uniqueness.

Thus, for Federal employees and U.S. Postal workers who experience a medical condition, such that the medical condition begins to impact one’s ability and capacity to perform the essential elements of one’s job, the knowledge that many, many Federal and Postal employees before were able to file for, and get approved, Federal Disability Retirement benefits through the U.S. Office of Personnel Management, so long as one is under either FERS, CSRS or CSRS Offset, the comfort of which one may partake rests in the fact that one is not alone; yet, it is not purely a “repetition” of sameness but a genus of similarity; for, as each medical condition and every circumstance reveals a uniqueness which must be dealt with individually, so each Federal Disability Retirement case must be handled with care.

At the same time, however, it is of value to recognize that repetition of relevant laws, statutes and regulations, cited in the ordinary course of preparing an effective Federal Disability Retirement application, is necessary for success in obtaining the benefit.

From the standpoint of OPM, the fatigue of profundity comes in failing to view a particular case with “new eyes”; from the viewpoint of the Federal or Postal worker who is filing for Federal Disability Retirement benefits for the first time, it is the inability to recognize the requirement of repetition which often results in an ineffectual formulation of one’s case.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Rhythmic Interruptions

A simple alteration such as moving the clock forward or backward one hour, in accordance with daylight savings time, can interrupt the rhythmic habituation of daily living.  Such minor tinkering has greater impact than we care to concede, and to which we fail to respond appropriately.

Man enjoys the pinnacle of technological snobbery; daily, he lives “as if”; whether lost in the insular privacy of his own thoughts, or deliberately in the parallel universes created through video escapism, virtual universes of linguistic scaffolds high atop the animal kingdom, the ignoring and averting of biological rhythms is to the detriment of health, whether mental or physical.

One can get away with dismissing a singular incident of feeling out of coordination because of a long day, a tiring embattlement with work, or a protracted convalescence from unexpected turmoil. But medical conditions which are progressive in nature, chronic in defying avoidance, and deteriorating to a degree which cannot be denied, are all greater exponential forces beyond mere rhythmic interruptions of daily routine. Some things, we can ignore; others, we do so at the cost of paying a greater price by procrastination.

Federal Disability Retirement benefits are available for the Federal employee or the U.S. Postal worker who decides, after long and quiet deliberation, that an impasse has occurred between one’s health and one’s physical or cognitive requirements of the positional duties required by the Federal or Postal job. Rhythmic interruptions are one category; medical conditions which have an interceding impact upon the ability to perform the essential elements of one’s Federal or Postal job, quite another.

Fighting the good fight does not mean that one should expend to the end of time at the cost of one’s health.  When the Federal or Postal employee recognizes that the fictional fantasy of being at the pinnacle of the animal world does not include being exempted from the biological reality of injury and disease, and that rhythmic interruptions resulting from a health issue need to be attended to, then the benefit of Federal Disability Retirement will be appreciated, as it is an employment benefit available to all Federal and Postal employees who have the minimum years of creditable service with the Federal Government.

One can lie to one’s self only for so long; and as the species of Man can survive with the blanket of surreal condiments by asserting exemption from biological entrapment, so the Federal and Postal employee who suffers from a medical condition such that the medical condition prevents one from performing one or more of the essential elements of one’s Federal or Postal job, can endure pain and rhythmic interruptions only for so long.

Sincerely,

Robert R. McGill, Esquire