OPM Disability Retirement Benefits: Decision, Movement, Consent

Ricoeur, a French Phenomenologist, discusses the three distinguishing acts of the will — each a distinct aspect of the human experience. “Decisions” are pre-movements; they remain insular and private to the persons making the decision, until it is followed with “movement” — a state of being where the decision prompts the act of an insular will to reveal itself with tangible results in the objective, phenomenal realm.

Consent, as the third type of the will’s action, is much more of a passive and restraining act; it is tantamount to an “accepting” of something — for, it can remain within the privacy of one who consents, yet is dependent upon the action of another in the objective realm of experience.

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 all of the essential elements of his or her positional duties with the Federal Agency or the Postal Facility — all three acts of the will take place in moving forward with a Federal Disability Retirement claim.

The Federal or Postal employee must consent to all sorts of things — to “accept” the change which the medical condition has brought about; to “decide” to act by contacting an attorney who specializes in Federal Disability Retirement; and to engage in movement — to actually start the process of preparing, formulating and filing a Federal Disability Retirement application.

Remember that, even a broken clock can be right twice in a 24-hour period, and so it is with French philosophers — they can be right every now and again.

Contact a lawyer who specializes in Federal Disability Retirement, and begin the process of deciding, moving and consenting to an effective Federal Disability Retirement benefits under FERS with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

OPM Disability Retirement under FERS: Confronting Reality

When are the times we try and avoid it?  Is that the line between sanity and the “darker world”?  If we avoid it more than we embrace it, does it constitute a step beyond eccentricity and fall into the category of bizarre behavior?  If that were the case, how many of us would meet that definition?  Does engaging in entertainment — whether of the couch potato type or of the active one — constitute avoidance?

Say a person binge-watches a certain television series for 72-hours straight, then sleeps for another 72 hours; such a person has certainly “avoided” the reality of life’s responsibilities, duties, obligations, etc.  But would we deem such a person to be insane?  If he were a bachelor who has no commitments or responsibilities, and acted in such a manner during “vacation time” or during a period of unemployment, we would perhaps not give it a second thought.  But say the same person had a toddler whom he neglected for those 100-plus hours — then, of course, we would consider it as irresponsible behavior, if not criminal neglect.

“Confronting reality” is often deemed the antonym of “avoiding reality”; it is something we all do — both confronting and avoiding — and crosses the diving line between “responsible” and “irresponsible” behavior.  Of course, the latter is sometimes necessary in order to refresh one’s self in order to engage in the former, and so we embrace entertainment and leisure activities in order to adequately prepare ourselves to cross over from one to the other.

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 his or her position, confronting reality is often delayed in order to try and extend one’s career with the Federal government.  Often, early on in suffering from a medical condition, it becomes quite clear whether or not the Federal or Postal worker can continue in his or her chosen career.  This is the point where “confronting reality”, however, clashes with the desire to avoid it and to instead embrace the make-believe universe of “What ifs” — What if things improve?  What if the Agency or Postal Service is willing to be patient?  What if they can accommodate me?

Consult with an attorney experienced in Federal Disability Retirement Law; for as difficult as it may be in confronting reality, it is the reality of the law that will help you avoid the pitfalls which you will surely want to avoid in the days to come.

Sincerely,

Robert R. McGill, Esquire