OPM Disability Retirement Attorney: Social Justice

Concurrent litigation entanglements occur often enough; if one has the capacity and ability to compartmentalize life, such multi-adversarial offensives can be effectively coordinated.  At the same time, however, it is important to recognize the folly of spreading oneself too thin; history confirms the defeats suffered at the principle of too much, too soon, as in Germany’s incursion on the Eastern Front while taking on North Africa and the entrance of the United States into a reluctant war.

Strategies of logistical considerations, as well as pragmatic considerations of finances, must always be a factor; thus, for Federal employees and U.S. Postal workers who face a future with an ongoing medical condition which prevents one from performing one or more of the essential elements of one’s job, consideration should be given to concurrent filings.

If an injury or medical condition is “work-related“, there is nothing wrong with filing for OWCP/DOL benefits, while at the same time filing for OPM Federal Disability Retirement benefits.  If both are approved, the Federal or Postal employee has the option of choosing to activate one, and allowing the other to be approved but remain passive.

Filing for Social Security Disability benefits, for those Federal and Postal employees under FERS, is a mandatory requirement during the process of filing for OPM Disability Retirement, anyway, so obviously the concurrent nature of filing is a necessary given.

When considering more far-reaching litigation entanglements, however, such as filing an EEOC Complaint potentially leading to a trial in the Federal Courts, pause should be given, if only because of the statistical disadvantage and high cost of such litigation.  A 2009 WSJ Article found that EEO discrimination lawsuits fared worst in statistical analysis in wins-to-losses ratio, and more recent studies do not provide greater encouragement.

While the recent focus upon the Pao v. Kleiner Perkins case would seem to highlight such statistical disadvantage, at the same time, one must recognize that the particular court case was a gender discrimination case filed and tried in state court, not in Federal Court, and each case reflects the complexity of the uniqueness of a particular set of facts.

The point here, however, is that while statistical analysis certainly can be skewed based upon a multiplicity of complex factors, for Federal and Postal employees who are considering filing for Federal Disability Retirement benefits, a pragmatic assessment should be made which asks, at a minimum, the following:  Do I want to be involved in a protracted litigation with my supervisors, agency and coworkers?  What is the purpose of my filing for Federal Disability Retirement?  Is the cost-to-benefit analysis sufficient in justifying litigation?  What is my definition of “Social Justice”?

For Federal and Postal employees, filing for, and obtaining, Federal Disability Retirement benefits is a practical exit from one compartmentalized stage of life; there is awaiting the next stage, of which Shakespeare reminds us all.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: An Expectation of Disaster

Most lives are lived with an expectation of unease; if things are going smoothly, we look with suspicion at what will come from around the corner; if calm and quietude prevails, we consider it merely a precursor to a major storm; and if good fortune comes our way, there is a leeriness as to the strings attached.

Perhaps distrust is based upon justifiable historical events; or, as news is merely the compilation of tragic events gathered into a compendium of daily interests, so our skewed perspective of the world merely reinforces what our childhoods entertained.  With a foundation of such natural tendencies to see the world with suspicion, when a medical condition impacts a person, the expectation of crisis is only exponentially magnified.

Suddenly, everyone becomes the enemy, and not just the few who are known to lack heart; and actions which were previously normative, becomes a basis for paranoia.  Chronic pain diminishes tolerance for human folly; depression merely enhances the despair when others engage in actions betraying empathy; and the disaster which was suspected to be just around the corner, closes in on us when pain medications fail to palliatively alleviate.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent one from performing all of the essential elements of one’s job, the bifurcation between the personal and the professional, between play and work, often comes crumbling down upon us, and signs of potential trouble portend to indicate to us that it may be time to “move on”.  That impending sense of doom?  It may be upon us.  That calm before the storm?  The reality of what the agency is contemplating may prove you right. And the potential loss of good fortune?

Agencies are not known for their patience.  For the Federal or Postal employee who is no longer one of the “good old boys” of the network of productive employees because of a medical condition which is beginning to impact one’s ability to maintain a daily work schedule, or perform at the level prior to the onset of a medical condition, consideration should be given to preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset.

Time is often of the essence, and while most expectations of impending disasters are unfounded, the behavior of Federal agencies and the U.S. Postal Service can never be relied upon, any more than the weather can be predicted a day in advance.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement from the USPS and other Federal Government Agencies: Belonging

There are no more causes by which people live, and those who do, do so within an artifice of self-justifying chameleons of linguistic gibberish. Once upon a time, grand philosophical systems were propounded; from the historical backdrop of Plato’s Republic, to the teleological schemata of Aristotle’s Metaphysics; to Aquinas’ Christian worldview, Kant’s bifurcation of the known and knowable worlds; but with deconstructionism, linguistic playgrounds of modernity, and the debunking of political innocence with the advent of information technology and the dissemination of all things private melded into the public arena, where Facebook constitutes the quantitative assemblage of friends, likes and self-promoted happiness on virtual images of frozen smiles and milk-white teeth; and in the end, what we are left with is a needed sense of belonging.

Belonging represents the last vestige of human instinct on the evolutionary scale of survival; and so men and women strive to hold on to hollow and ghostly caricatures of empty promises. For Federal employees and Postal workers who suffer from a condition, such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s positional duties, it is often a stark choice presented: to remain with the Federal or Postal job; to resign and walk away with nothing to show for the years of invested time and effort into one’s career, except for a deferred annuity well into old age; or to file for Federal OPM Disability Retirement benefits.

The threat of loneliness and severance of ties to an agency, a mission and a purpose in life, is one which compels the Federal or Postal employee to “hold on” to that which has already been lost, for a period longer than sage advice would allow for, and certainly beyond the point of medical interest for the Federal or Postal employee whose deterioration of health, whether physical, emotional or psychological, continues with unabated progression.

The need to belong is a powerful instinct of evolutionary vestiges; and though we may try to conceal the origins of our being by spending countless hours on the Internet remaking ourselves because causes of yore have proven to be empty vessels of timeless interludes between graveyards filled with unnamed masses of those whom history has forgotten, but for quietude felt on the reddened horizon of memorials and notebooks of ageless spectrums of dusty memories — we seek to belong.

Filing for Federal Disability Retirement through the U.S. Office of Personnel Management is always a hard decision to make. It is difficult because, the act of doing so is a recognition of both a need to step into an unknown future, as well as a severing of ties of the known past. Both sides of the singular act reveal the instinct of timeless necessity: belonging.

Sincerely,

Robert R. McGill, Esquire