FERS & CSRS Disability Retirement Law: The Carousels of Summer

The mounts littered throughout the roundabout can be diverse and captivating; in the swirl of the rotating platform, the child in us wants to sit upon every creature, from unicorns to zebras, the traditional horse and the mythological creatures of one’s limitless imagination.

As we grow older, we come to realize that the spinning sensation itself remains static; the difference between climbing into the bosom of one creature as opposed to another, is indistinct and ultimately irrelevant; when one’s childlike imagination and excitement wrought in ignorance of the cruel world becomes extinguished, the fun of being naive and clueless is no longer an option.  Cynicism comes with maturity; the older we get, the less likely are we to allow ourselves to travel into the realm of the unreal.  Life tends to do that to us.

The road of hard knocks is littered with tales of turmoil and turbulence; storms come and go, and while the devastation left behind can be somewhat repaired, the psyche and soul of damaged people can rarely be glued back together, as fragile porcelain leaving behind fissures wide and gaping as the childlike wonderment we once knew.

Federal and Postal employees know the experiences of life:  the internal battles, the power struggles and the herd-like mentality of agencies and departments.  Then, when a medical condition hits, and the Federal or Postal employee is no longer the golden-boy of past cliques, one is cast aside like the child who is left outside of the teams picked in linear sequence, until the silence of being ignored becomes a reality as shame and embarrassment shouts in muted suffering.  Sometimes, the wisest move is to move on.

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 the best and only option remaining.  To attempt to stay is like the biblical admonition of “kicking against the goads“; to walk away and do nothing is merely to spite one’s self; and so the Federal or Postal employee who has a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s positional duties, should always opt for the best remaining alternative.

To prepare, formulate and file for Federal Disability Retirement benefits through OPM is ultimately not an admission of defeat.  Rather, it is to enliven that imagination once grasped, but since forgotten; of the child who discovered that changing from the seat of a dragon on a carousel to the bosom of a resplendent unicorn makes all the difference not in the change itself, but within the comfort of the limitless imagination of one’s mind.

Sincerely,

Robert R. McGill, Esquire

 

CSRS & FERS Medical Disability Retirement: Cognitive Dissonance

In psychology, it is the state of self-contradiction, of holding onto a belief while simultaneously acting in a manner contrary to that belief.  If such a contradiction between belief-and-action impacts upon a core, foundational essence, of one which constitutes a defining centrality of a person’s character and personality of that which makes a person who he or she identifies him/herself to be, then the greater proportionality of discomfort and stress, often resulting in an alteration of either the belief, or the action intended to be engaged.

For the Federal and Postal Worker who experiences a medical condition such that the medical condition prevents one from performing one or more of the essential elements of one’s job, such cognitive dissonance is an everyday, common occurrence. You already know that continuation in the position as a Federal or Postal Worker cannot continue; you do not need a medical doctor to tell you that; your body, mind or soul has already screamed that dissonance out at you multiple times, at varying degrees of decibels countlessly and in monotonously repetitive occurrences throughout each day over many months, and sometimes enduring over several years.

But the belief-system of the Federal or Postal Worker is to silently “take it”, and to continue on, with a self-destructive sense of blind loyalty in an effort to “accomplish the mission”; but the question always is, At what price?

Filing for Federal Disability Retirement benefits, whether the Federal or Postal Worker is under FERS or CSRS, is an option which must be seriously considered when the extent of cognitive dissonance comes to a crisis point. It is the point of reference where one finally comes to recognize that the problem requires a solution — of abandoning the senseless embracing of blind loyalty and seeking a period of reclamation of one’s physical and mental health; or of continuing on the path of self-immolation in the Federal or Postal position of one’s chosen career.

Federal Disability Retirement: it is the bridge which one must pass upon to close the chasm between what one’s health screams out for, and the daily toil of one’s occupational duties.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Years Later, Still On the Rolls of the Agency

The Postal Service is especially guilty of this, but many other Federal (non-Postal) agencies are also “negligent” on the issue of keeping an injured worker on the rolls for years on end.

Often, such “non-existent” Federal and Postal workers receive OWCP payments, or simply go on with their lives while unofficially still a Federal or Postal employee.  Never having been separated from Federal or Postal service, such individuals are still eligible for filing Federal Disability Retirement benefits under FERS or CSRS because the 1-year statute of limitations has not been violated.

So long as a Federal or Postal employee files for Federal Disability Retirement benefits under FERS or CSRS within one year of being separated from service, you have met the statute of limitations.  If you were never officially separated from service, then your 1-year deadline never began.

Sincerely,

Robert R. McGill, Esquire