FERS Medical Retirement: The Right Perspective

Is there one?  Does a “balanced” one necessarily imply it?  Is a skewed one automatically discounted?  Is it always the “medium” which mandates the middle position of moderation that makes for rationality’s meaningful discourse (forgive the partial alliteration)?  Or, can “extremism” or what is viewed as a “rigid” perspective an acceptable position to take, even in this day when everything and everyone is considered equal and unexceptional?

The “right perspective” necessarily implies that there is an opposite and “wrong” one, or at least that there are other lesser asides and viewpoints that have not taken into consideration all of the data, the opinions and information in order to come to such a conclusive approach.

What makes for and constitutes a “wrong perspective”?  Often, it is to approach a problem or situation without all of the facts necessary to make a proper decision.  Actions based upon partial facts can be disastrous, especially in war and in circumstances where something is at stake; and it is the “other side” who has all of the facts at hand who takes advantage of such short-sighted steps and defeats the ones who have inadvisedly moved forward without the complete set of facts at hand.

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, it is necessary to reach a state of the “right perspective” before initiating the process of an effective FERS Medical Retirement application.

By “right” is meant the tailored, specific conditions individualized based upon the unique circumstances of each person, and in order to make the proper decisions at each and every point of a Federal Disability Retirement application, it is best to first consult with an Attorney who specializes in Federal Disability Retirement Law, lest the “Right Perspective” be the wrong one, or a partial assessment — which amounts to same thing, in the end.

Sincerely,

Robert R. McGill, Esquire

 

 

OPM Medical Retirement: The peril of procrastination

Time is considered to be a continuum; it remains throughout, and except for artificial slicing imposed by seasons or bifurcations recognized by night and day, sunlight or darkness, or other natural categorizations which creep beyond our calendars, “time” remains a rhythmic cycle barely noticed until deadlines scream to be met and the ageless alarm clock suddenly awakens.

Noticed when the hands on a clock move; of the hour hand, slowly and with slumbering care; of the minute hand, more deliberatively; and of the second hand that ticks away while we watch time pass by.

In this digital era, time refuses to “march on” as the metaphor once informed us, and instead stares silently through the redness of a glaring, impassive face.  Waiting makes for awareness of passing; waiting in line to get into this or that establishment; waiting in a doctor’s office; waiting for a train; or do we just wait because there is nothing left to do?

Procrastination is a form of waiting, except we put the proverbial cart before the horse: Instead of waiting for the allotted time or event to occur, we wait for its non-occurrence, then rush to complete the non-occurrence before the expiration of the allotted time.

Certain events make for pleasantry of time — as in being with others you enjoy; performing a deed of delight; or merely resting, relaxing, engaging in activities of mirth; while others extend the laborious into an unbearable anguish of unending torment — of pain, unwanted relations and uninvited calamities.

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, time can become an enemy if one fails to foresee the peril of procrastination.  At some point — and often, early on — it becomes obvious that filing for Federal Disability Retirement under FERS, through the U.S. Office of Personnel Management, becomes a necessity.

Trying to qualify for OPM Disability Retirement benefits is a long and complex administrative process, and delaying that which one knows must be done is not merely the peril of procrastination, but an exacerbation and potential worsening of circumstances that may already require your attention today, if not yesterday or the day before.

For, in the end, it is not procrastination itself which creates the peril — rather, it is the peril of the medical condition left to time and its progressive deterioration — and that is why procrastinating can itself be avoided by consulting today, without delay, with an attorney who specializes in the the proper preparation, formulation and filing of an effective Federal Disability Retirement application.

Now, as for that chore that was left for tomorrow…

Sincerely,

Robert R. McGill, Esquire

 

Federal Medical Retirement: Recalibrating the Reset Button

Preparing for life’s vicissitudes can be a daunting task.  Some never acquire the skills necessary to accommodate the winds of misdirection; others stumble through like a drunken sailor walking down fate’s gangplank, seeing the end but failing to adapt in time to prevent the calamities forewarned.  The very few somehow manage to engage the transformation, like a chameleon who responds to the surrounding environment by becoming invisible within the subtleties of life.

Change is the inevitable essence of life.  From alterations occurring from growth — from birth to adulthood, then to aging decay — to the physical universe of constant transformation; the world is represented by the various metaphors and symbols of permanence and change, of Yin and Yang, of Parmenides and Heraclitus, and in modernity, of the recalibration of the reset button.

For Federal employees and U.S. Postal workers who find themselves with a medical condition which impacts the Federal or Postal employee’s ability and capacity to continue in his or her present career, it is precisely that fear of change which precludes one from engaging in the necessary steps required to adapt, transform, and reset.

If insanity is defined as performing acts of failure repetitively, then the world must by definition be insane, and the Federal or Postal employee who continues down the same path despite all of the headwinds and warning signs present, should be placed in a straightjacket and confined to the halls of antiseptic whitewashed rooms.  Change is always difficult; but it is a necessity of life.  It is the life spring of a vibrant community; and its opposite is a parallel universe of decay, decrepit degradation, and destructive degeneration of death and desperate deterioration (and so, why is the alliteration of negation so rampant with the letter “d”?).

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management for the Federal or Postal employee under FERS, CSRS or CSRS Offset is a step in a changing direction.  It takes the Federal and Postal employee out from the insanity of repetitive failure by allowing for a recalibration of the requisite reset button, and to potentially engage in a future which leaves behind a past replete with hostility and increasingly adverse attitudes.  It secures a base annuity such that one can survive; then, allows for the Federal or Postal employee to work in the private sector and make up to 80% of what one’s former position currently pays.

As change is necessary to the survival of any organism, so stagnation is the result of resistance to transformation; and like the putrid waters of stillness filled with microorganisms waiting to destroy the abdominal walls of the unsuspecting traveler, the Federal or Postal employee who refuses to recalibrate the reset button is merely waiting for the day when the external order will force the change involuntarily, as opposed to he who chooses the day, time and moment of an inevitable fate which awaits us all.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Application: Eligibility & Entitlement

The two concepts are often confused; for the Federal employee and the U.S. Postal Service worker filing for Federal Disability Retirement benefits, the frustration is often voiced precisely because of the misapplication of the legal import between them.

Eligibility is determined by the contingencies which must be met, the thresholds of prerequisites which must be satisfied:  The Federal or Postal employee must be either under FERS, CSRS or CSRS Offset; the minimum number of years of Federal Service must have been accrued; the Statute of Limitations must not have already passed; further, then, some age limitations need to be considered as a practical matter, to allow for pragmatic justification to even apply.

Entitlement is based upon proof.  As the law is set by statutory authority, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management requires that the Federal or Postal applicant meet certain preset standards of acceptable proof, based upon that which constitutes sufficiency of satisfaction.

The legal standard is based upon a “preponderance of the evidence“; the evidentiary requirement provides that a tripartite nexus be established between (A) the medical condition, (B) the Federal or Postal position which the Federal or Postal employee occupies, and (C) evidence showing that as a result of A, one or more of the essential elements of B cannot be satisfied.  Further, there is the “D” component, and that involves the issue of “reasonable accommodations” and whether the Federal agency or the U.S. Postal Service can reassign the Federal or Postal employee to a similar position at the same pay or grade.

It is only upon the initial satisfaction of eligibility requirements that the Federal or Postal employee can then further investigate whether entitlement is feasible or not.  Thus, “entitlement” in this sense is not based upon meeting eligibility requirements; rather, satisfaction of eligibility prerequisites allows for entrance into the gateway of establishing entitlement.

Sincerely,

Robert R. McGill, Esquire