FERS Medical Retirement: Meeting the basic requirements

As with any endeavor, meeting the basic requirements is the minimum standard.  For Federal employees and U.S. Postal workers who are considering filing a Federal Disability Retirement application, it is important to understand the basic eligibility requirements in order to qualify for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Here are a few: The minimum Federal Service requirement (18 months); of having a medical condition during the tenure of one’s Federal Service that prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal position; and an inability by the agency to provide reasonable accommodations or reassignment; and some further factors to be considered, as well.

Beyond the basic requirements, of course, are the technical issues that have developed over many years and decades, primarily through statutory interpretation as expounded in court cases and decisions handed down by the U.S. Merit Systems Protection Board and the Federal Circuit Court of Appeals.  There are, moreover, legal refinements and interpretations that go beyond the “basics”, and while meeting the basic requirements is an important start, it is critical to understand the technical legal refinements which have evolved over the years. “Always start with the basic requirements; and from there, consult with an expert for further details.”

Such is the sage advice often given before involving oneself in a complex process, and Federal Disability Retirement Law is one such administrative endeavor that should take such counsel into account.

Start with meeting the basic requirements — of the minimum 18 months of Federal Service; of having a medical condition such that the Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s Federal or Postal job; and from there, seek the advice and counsel of an attorney who specializes in Federal Disability Retirement Law — another “basic requirement” in preparing, formulating and filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement Attorney: Negating the Sense of Panic

It comes upon all of us; the stealth of the sapping subtlety; the interruption of sleep, once removed in the quietude of dawn’s calm but for the far echoes of distant yearnings once deliberated, but as in the morning dew which forms soundlessly upon the bending blade of beatitude, the slow slide and dissipation tells us with an alarm that awakens:  What am I doing?

Panic is the alarm system which propels with an urgency, and often it results in the furious activity of unproductive futility.  Are we merely spinning our wheels?  A sense of one’s fate, the inevitability of timeless onslaught; these are all buttons pushed which call upon a person to act.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact and prevent the Federal or Postal employee from performing the essential elements of one’s Federal or Postal position, the sense that “something” needs to be done is always just around the next proverbial corner, and leaves one with the feeling of unease and panic.  And while King Lear may admonish his daughter of brevity by noting that nothing comes from nothing, the “something” which we do should not be merely engaging in acts of futility, but constructive advancements toward a teleological embracing of an identified goal.

Preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, for the Federal employee and the U.S. Postal worker, is a concrete goal with tangible benefits to be accrued.

As panic is an ephemeral but powerful sense of the unknown, the antidote to performing non-constructive modes of activities is to recognize, identify and initiate a concrete process with actual ends; and for the Federal or Postal worker who has realized that continuation in the Federal or Postal job is no longer a viable option, preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, will help to negate that nagging sense of panic, and compel one towards a constructive and productive future.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employees Disability Retirement Systems: The Quarantined Mind

From early childhood, the necessity of imposing constraints and conformity produces the positive effect of a well-ordered society.  But corollary and unforeseen consequences often occur, as in the quashing of creativity and mindsets which step outside of the proverbial “box”.

The problem with people talking about thinking “outside of the box” is that such a thought process itself constitutes nothing more than mundane conventional wisdom.  Those who have considered thoughts beyond the artifice of social concordance have already done that which is widely preached, but little known.  Then, along comes a calamity or crisis, necessitating a change of lifestyle and a different manner of approaching the linear and customary manner of encountering life.  The other adage comes to mind:  necessity is the mother of invention.

Medical conditions tend to do that to people.  Suddenly, things which were taken for granted are no longer offered:  health, daily existence without pain; the capacity to formulate clarity of thought without rumination and an impending sense of doom.

Federal Disability Retirement is a benefit offered to all Federal and Postal employees who require a second chance at life’s anomaly; it allows for a base annuity in order to secure one’s future, while at the same time allowing for accrual of retirement years so that, at age 62, when the disability retirement is recalculated as regular retirement, the number of years one has been on disability retirement counts towards the total number of years of Federal Service, for recalculation purposes.

It allows for the Federal or Postal employee to seek out a private-sector job, and earn income up to 80% of what one’s former Federal or Postal position currently pays, on top of the disability annuity itself.  It thus allows and encourages the Federal and Postal worker to start a new career, to engage another vocation, and consider options beyond the original mindset of one’s career in the federal sector.

In the end, it is often our early childhood lessons which quarantined the pliant mind that leads to fear of the unknown because of changed circumstances.  To break out of the quarantined mind, sometimes takes a blessing in disguise; but then, such a statement is nothing more than another conventional saying, originating from the far recesses of another quarantined mind.

Sincerely,

Robert R. McGill, Esquire