Tag Archives: former federal employees running out of time to file for disability

Medical Retirement for Disabled Federal Workers: Transfinite Cardinals

It is a concept invented in order to avoid the inherently problematic implications of the “infinite”; yet, it clearly means that it is “not finite”. It is meant to avoid a type of exclusive disjunctive and attempts to equivocate and obfuscate, implying that it somehow goes beyond the finite but refuses to become embroiled in the complexities of the infinite, thereby allowing for a compromise by remaining forever in the limbo of mathematical purgatory.

Such conceptual word-games save us for a time; and, sometimes, time is what is needed. Thus, for universes of pure theoretical constructs, where application has little or no impact upon the reality of life, conceptual language games can be daily engaged and walked away from, without any practical consequences. It is, however, when theory intersects with reality, that qualitative reverberations become felt, as in the application of theoretical physics upon the pragmatic application of nuclear fusion.

Advancing from Thought to Action

Advancing from Thought to Action

For the everyday Federal and Postal Worker, the theoretical existence of Federal Disability Retirement benefits, whether one is under FERS or CSRS, is likened to transfinite cardinals: until the intersection between thought and action occurs, it remains safely in the universe of theory, mind, and limbo; but when the reality of a medical condition hits upon the physical universe of the real, and impacts the Federal or Postal employee’s ability/inability to maneuver through the employment sector because of physical limitations or psychiatric obstacles imposed by the medical condition, then one must reach beyond the theoretical and take pragmatic steps of prudent applicability.

Like boilerplate legalese in multi-paginated contractual agreements, theoretical constructs exist for potential applications in the real universe.

Federal Disability Retirement benefits remain in existence for all Federal and Postal employees, and must be accessed by submitting an application to the U.S. Office of Personnel Management. It is like the Platonic Ideas of Greek philosophy “out there” in the ethereal universe, but of no consequence but for ivory tower constituents. And like transfinite cardinals, Federal Employee Disability Retirement benefits remain in a parallel universe of theoretical constructs, until that time when a particular Federal or Postal employee accesses the need to ignite the fuse of pragmatic intentions.

Sincerely,

Robert R. McGill, Esquire

 

 

Medical Retirement for Federal Workers: The Jump from Thought to Action

There is a wide chasm between thought and action; and, while many can deceive one’s self by remaining mired in the activity of thought, it is the gauge of the objective, physical world which validates the efficacy and resulting consequences of one’s actions, which makes for determination of accomplishment and completion.  The proverbial “dreamer” who never transitions from the creativity of thoughtful contemplation to actualization of ingenious ideas and proposed intellectual discoveries, remains stuck in the netherworld of potentiality, never to move beyond the mysterious quietude of one’s own mind.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition has impacted one’s ability to perform the essential elements of one’s job, remaining forever in thought-mode as opposed to action-orientation, keeps one in the hostile environment of avoiding multiple pitfalls and minefields of delay, procrastination, and potential adversity from one’s supervisors, coworkers and agency heads.

Whether under CSRS or FERS, the Federal or Postal employee with a medical condition which is impacting the ability to continue in the job, should consider the giant step from thought to action, and reflect upon the benefits of a Federal Disability Retirement submission, ultimately to be decided by the U.S. Office of Personnel Management.

The step from thought to action is often exponentially magnified by the earthshaking reverberations of a changed life.  But to fail to act is often the greater of evils, and to remain in the unending turmoil of one’s anguish is never an answer to a problem.  Instead, it is the composite solution which will render the ultimate satisfaction: thoughtful action.  It is where thought and action work in harmony, and for which Man evolved to reach the pinnacle of his Being.

Sincerely,

Robert R. McGill, Esquire

 

Federal and Postal Disability Retirement: Statute of Limitations

In filing a Federal Disability Retirement application with the Office of Personnel Management, whether under FERS or CSRS, one must file within one (1) year of being “separated from service”.  That is what is often referred to as the “statute of limitations” — a limit placed upon the ability of a Federal or Postal worker to file for a claim, based upon pragmatic policies of making sure that a claim is “recent” enough to allow for evidence which is neither stale nor outdated.

There is sometimes a level of confusion as to what it means to be “separated from service”, and it often appears that such confusion arises from mixing issues with other administrative claims.  Thus, OWCP/FECA has its own sets of rules; Social Security has its own set of rules, etc.  For Federal Disability Retirement applications under FERS or CSRS from the Office of Personnel Management, to be “separated from service” and thus to trigger the 1-year timeframe, means that a Federal or Postal worker is terminated, taken off the rolls, and an SF 50 and PS Form 50 needs to be issued showing that a person has been effectively separated from Federal Service.

For Postal Workers, a good indication that this action has been effectuated is when one stops received the “0”-balance paystubs.  Further, one must remember that, once separated from the Agency, after 31 days or more of such separation, any Federal Disability Retirement application must be filed directly with the Office of Personnel Management.  Filing with the Agency after the 31 day period and waiting for them to process the case, and relying upon them to forward it to OPM may result in a case simply sitting on someone’s desk…until the year has run out.

Sincerely,

Robert R. McGill, Esquire