Tag Archives: fia legal assistance incapacity sought fia.gov

Federal Employee Disability Retirement: Things That Just Happen

Rarely do things “just happen“; that is why most of us believe in a purposive, teleological universe, and seek reasons and rational foundations in origins, contexts and logical consistency.  Whether that is how the human mind is structured, and for evolutionary advantage gained for survivability, conferring dominance and favorability weighted towards those who seek explanation and intelligibility, thereby preventing the making of mistakes multiple times; or, perhaps, it is merely a sense of humor bestowed by the gods.  Look at Aristotle’s Metaphysics; the very definition of knowledge is inextricably intertwined with seeking and grasping first principles, causality, and the origin of effects.

Thus do writers become a member of a profession by writing; airplanes fall out of the sky because of mechanical failure or an intervening cause; and economies crumble because market forces respond to human foibles.  But medical conditions which intervene and disrupt a person’s career, future and health, are often viewed as unfair anomalies precisely because there is often no adequate explanation as to their manifestation upon a particular person, at a given time, for a known reason.  They merely disrupt.  There may be “medical” reasons — of why an injury occurred, what the probable origins of genetic proclivity, etc.  But the reasons sought out by the one who suffers — why me? — can never be answered.  It is one of those rare occurrences that “just happens”.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition interrupts and disrupts the linear career path because the medical condition itself prevents the Federal or Postal employee from performing one or more of the essential elements of one’s job — the option of 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 something which must be seriously considered.

Life is often unfair, and the difficulties which are encountered in the tenuous path of those who seek to live by reason and rationality, are fraught with bumps and cavities if disruptive interludes. Medical conditions and the reasons for their onset — not the medical reason of origin and sterile voices of genetic predilection — but the “why me?” question, is often unanswerable.  It is usually just a circumstance which must be dealt with, and filing for OPM Disability Retirement benefits is a way of “buying time” in order to maintain a causeway of teleological illusions in order to further avoid those things that just seem to happen.

Sincerely,

Robert R. McGill, Esquire

 

Federal Medical Retirement: The Coalition Forces

One hears much these days about the importance of forming a coalition of forces before engaging an offensive action; and, indeed, there is the old adage of having strength in numerical superiority, and the sense that a consensus of opinions and cooperation of numbers results in an increased chance of success.

Quantitative composites can mask a disarray of qualitative forces, and the security in numbers can somewhat compensate for lack of internal cohesion.  But what if you are the target of a coalition of forces, albeit one that is merely bureaucratic in nature, and administrative in pragmatic application?

That is how the Federal employee or the U.S. Postal Service worker often feels, when applying for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether one is under FERS or CSRS.  And not only that, but the “attack” comes at one’s most vulnerable point:  when a medical condition is involved.

Filing for OPM Medical Retirement benefits is tantamount to going up against a coalition force:  One’s own agency; one’s own Supervisor; one’s own Human Resource department; one’s own coworkers; and then to contend with trying to obtain the proper and sufficient medical documentation in order to show eligibility and entitlement (yes, there is a distinction with a difference between the two concepts), on top of filling out the vast array of standard forms (SF 3107 series for FERS employees; SF 2801 series for CSRS and CSRS-Offset employees; SF 3112 series for all three, FERS, CSRS and CSRS Offset employees).

The medical condition itself, of course, is the vital point of vulnerability, and it is as if the coalition forces are fully aware of those weak points, and attack them relentlessly.  OPM Disability Retirement, the process of filing, and the agencies which make up the linear progression for filing — all together can appear to comprise a coalition of forces which, without necessarily working in coordinated concert of thought or action, can aggregately defeat an OPM Medical Retirement application.

The singular warrior of the target — the FERS, CSRS or CSRS Offset Federal employee or U.S. Postal Worker — must use all of the administrative and legal tools available, in order to go up against such a behemoth of bureaucratic gargantuan proportions.

Sincerely,

Robert R. McGill, Esquire