Medical Retirement under FERS & CSRS: This upside down world

How many whistleblowers would do it all over again?  How many regrets does it take to screw in a lightbulb?  The answer: Few as to the first question, and at least a dozen in response to the second.  For, as to the second query, while one person engages in the mechanical act of lighting up the room, it takes all of the others to fail to assuage the regrets of a person who has tried to do the rights thing, and has lived to suffer the consequences.

We grow up being taught all sorts of empty adages — how “truth reveals all”, or that “justice prevails in the end”; and though the old hero of simplicity has now been replaced by more “complex” characters of mixed good/bad/neutral, still the naïveté of childhood upbringings tend to haunt beyond the loss of innocence delayed.

This is an upside down world where the clear-cut demarcations that once were inviolable have now become obscured, and where leaders can argue with a straight face any and all positions, whether self-contradictory, hypocritical or just plain nonsense, and can get away with it without any regrets or loss of sleep.  Perhaps it has always been like that and we just didn’t realize it.  The wealthy have always been able to get away with more; the powerful, without much consequences; and when the combination of wealth and power become aggregated, there is little to impose any checks and balances that might have tempered the onslaught of injustice.

For the Federal employee and the U.S. Postal worker who suffers from a medical condition, where the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the fact that we live in an upside down world becomes exponentially the case because of the medical condition itself.

Progressive deterioration and chronic debilitation are often the rule of a medical condition, and just to survive another day without pain, without emotional or mental anguish — these are the hallmarks of needing to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

The world is about as topsy-turvy as it can get; but when the private world of one’s health begins to deteriorate, that upside down world becomes a tumultuous maze of a conundrum wrapped within an insanity that cannot be escaped from, and that is when you know that preparing, formulating and filing an effective Federal Disability Retirement application becomes a necessity in a universe that requires some wisdom, and turning to the advice of an attorney who specializes in Federal Disability Retirement is often the first step in providing a balanced perspective within this upside down world.

Sincerely,

Robert R. McGill, Esquire

 

The Genotype-phenotype Distinction and Disability Retirement Benefits for Federal and Postal Employees

The distinction is important in the study of genetics, where the genotype represents the entirety of one’s hereditary information contained in one’s DNA, whereas the phenotype represents the manifestation of that genetic heredity received and retained by any given individual. In simple terms, it is the inner/outer distinction, or in Aristotelian terms, the substance/accident representation, or further, in Platonic characterization, the form/appearance description of the world. It provides for a fascinating study of the theory of evolution, the plasticity and adaptability of a species, and the capacity of survivability within the greater context of environmental pressures and influences.

For the Federal employee and the Postal worker who suffers from a medical condition, such that the medical condition begins to impact one’s ability/inability to perform one or more of the essential elements of one’s positional duties, the concept of the genotype-phenotype distinction is peripherally interesting to understand, in the following way: The internal struggles eviscerating one’s capacity to perform the Federal or Postal job, will sometimes remain unobtrusive and lacking of evidence by all appearances.

The “phenotype” of a Federal Disability Retirement case may be represented by good performance reviews, lack of awareness by one’s supervisor, and an agency which fails to recognize the struggling Federal or Postal employee. The “genotype” is often the “inner” struggle, characterized by profound fatigue (how does one quantify cumulative exhaustion?), chronic pain (if only pain were color-coded, where white is on the lower spectrum and red is at the extreme end), the where the Federal or Postal employee pushes one’s self to the limit of absurdity until one is ready to collapse in an effort to perform the essential functions of one’s job.

The problem of appearance-versus-substance, or that which is seen as opposed to the hidden reality of a thing, is not a new or unique one. In the context of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, however, whether the Federal employee is under FERS or CSRS, and whether the Postal worker is under FERS or CSRS, it is important to make clear and bring to the surface that which is unrevealed, and that will normally come about through generating an excellent medical report from one’s treating doctor.

Ultimately, a Federal Disability Retirement application is based upon the medical opinion of one’s treating doctor, and the “genotype” of an effective Federal Retirement application must comply with the requirements of the law, the criteria for eligibility, and the expression of that genotype into a coherent representation in the form of a “phenotype” in the preparation, formulation and submission of a Federal Disability application, though OPM, whether one is under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire