FERS Disability Retirement Benefits: Losses

How many losses must one accumulate before being deemed a “loser”?

Was it just yesterday that Cal Ripken, Jr. won with the Baltimore Orioles in 1983, after a mere couple of years in the minors, but with that World Series ring on his finger, would then see decades of losses mount as a result of poor decisions in trading players, acquiring “has beens” and being in the unfortunate AL East where the Yankees and the Red Sox seem always to vie for the top tier of the elect?

Can a team win a World Series one year, then go on for thirty-plus years without ever winning one again, and yet be deemed “a winner”?  Or, can one always pause, give a grin, and say, “Yeah, but we were winners in 1983!”

Does one win wipe out an avalanche of losses such that the singularity of glory negates the overwhelming statistical significance of unending disappointments?  Or, what of the person who once had a promising career, but through a series of unfortunate circumstances considered by most to be no fault of his or her own, cannot quite achieve that level of promises dreamed of but never materialized?

Do we, in our own minds, create conditions which are impossible to attain, and then deem those unreachable goals as “losses” despite the artificial nature of the criteria imposed?  Do losses mount and exponentially aggregate because failure seeks after failure, and somehow the subsequent one is a natural consequence, inevitably by inherent nature, of the previous one?

Does bad luck come in bunches because of some Law of Nature, or is it just in our imagination that it seems so?  Are much of losses artificially created — i.e., we set the proverbial “goal post” in our own minds, then miss the metaphorical field goal and become despondent over the “loss” created within our own imagination within contextual circumstances fantasized that have no connection to objective reality?

For Federal and Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, that sense of “loss” can be an admixture of both objective reality and subjective, artificial creations.

The medical condition itself is an “objective” loss; but the Agency or the Postal Service’s efforts to compound the adversarial circumstances can be created in an ad hoc manner, where there are no rules or criteria to follow except upon the whim of the supervisor or the department’s reactionary intuition.  The interruption to one’s career; the constant struggle with a chronic medical condition; of being forced to deal with deteriorating health — these are all real “losses”.

On the other hand, adversarial initiations by one’s Federal Agency or the Postal Service — these, too, are “real” losses, though artificially created and unnecessary, in many instances.

Both must be dealt with when preparing, formulating and filing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset — but the fact that one must “deal with” so many “losses” does not, in the end, make one a loser.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: The option of nothing

The path of least resistance is often to simply do nothing.  To make an affirmative choice is sometimes a painful one involving sacrifice and steps taken which will determine an outcome, later to be judged by retrospective insight, as to whether it was the “right” one or a “wrong” one.

To negate, refute or otherwise do the opposite, and to say “no” in the choice-making process, is also an “affirmative” one, if only in the negative sense.  It is still a call made, a judgment asserted, and while the “no” may not be able to arrive at a retrospective viewpoint as to whether it was the “right” one or the “wrong” one (precisely because, in the very negation of making a choice, one may never see any further consequences, but merely a nothingness that prevails from the option to not do that something, which is essentially a double-negative that results in nothing).

The worst option to assume is to allow lapse to occur – to do nothing, neither affirmatively nor negatively, and allow outside circumstances to determine the course of fate.  In taking such a path of least resistance, two things occur: First, you have left it in the hands of circumstances, and failed to take any affirmative steps in the allowance of lapse; and Second, the fact that you will never know it was a good or bad idea to allow for the lapse means that you have forsaken the entire decision-making process, and thus you disengaged yourself from the importance of life’s major participation.

For Federal employees and U.S. Postal workers who are considering 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, the Statute of Limitations that imposes a restriction upon post-separation filing is One (1) Year.

Thus, the law is as follows: Upon separation, whether by termination or resignation, of a Federal employee, that Federal employee has up until 1 year to file for Federal Disability Retirement benefits.  If the Federal employee files for Federal Disability Retirement within 364 days of the separation from Federal Service (give yourself at least 1 day, just to be on the safe side), then no harm is done.

If the Federal or Postal employee determines not to file (i.e., a negative – affirmative decision), then so be it, and after the 365th day, that Federal or Postal employee is forever prevented from asserting his or her rights under the Federal Disability Retirement laws, acts, statutes and regulations.

If the Federal or Postal employee simply does nothing – neither making an affirmative or a negative decision, and simply allows for the time to lapse and the opportunity to pass – then the path of least resistance has been taken, with the opportunity to engage in the decision-making process forever lost.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Of the Black Widow

The subtlety of its attractiveness is often overlooked because of its mythology of potent venomousness, where it is said that its sting is more than 15 times the deadliness of a mere prairie rattlesnake, which — at least we can attribute an anthropomorphic characteristic of favorability — warns one with its loud systems resulting from its namesake.

It is often invisible, as its black and unassuming appearance allows for quiet traversing along the undersides of human existence; and the signature red or orange marking, often reflecting an hourglass on the ventral abdomen tells the frightening narrative of the limited time remaining once smitten.

Perhaps, while sitting outside enjoying the warmth of a mid afternoon pause, you reach half-asleep beneath the slats of the lawn chair, and it awaits; or the enthusiastically rapacious urban gardener who wants to feel the richness of the soil in the thawed gallows of springtime brightness, working by reaching with ungloved hands through a thicket of branches and deadwood, unintentionally grabs a bevy of clumpish organic material, and instead disturbs the habitat of this beauty of deadliness.

The mythology surrounding the Black Widow spider increases exponentially with greater study; from its sexual cannibalism to its neurotoxic potency, the innate fear towards spiders in general is magnified when encountering this particular one of is own species.  Yet, by metaphor or mere anthropomorphic analogy, we encounter similar and parallel behavior within our own species — of venom so toxic, and of seemingly innocuous engagements that barely warn, but where wariness should prevail over our lack of judgment and insight.

For Federal employees and U.S. Postal workers who suffer from a medical condition, and where the medical condition begins to impact one’s ability and capacity to perform one or more of the essential elements of one’s Federal or Postal positional duties, the confrontation with an agency’s Black Widow can be shocking, daunting and ultimately fatal.

And they can — of the human kind — lurk anywhere and everywhere; from sudden eruptions of coworkers and Supervisors whom you thought were harmless, to Human Resource personnel who spew secrets of stinging, venomous sprays which can destroy the privacy and personal information of countless victims; they, like the spider of infamous beauty, can reveal greater enmity than the prairie rattlesnake.

Preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the only antidote available; but like the signature mark of the hourglass glowing in revelatory horror only after it is too late, filing for Federal & Postal Disability Retirement should be considered way before reaching into territories where unknown responses and reactions may prove too deadly or too costly.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: The Ballerina’s Pirouette

It is an awkward word to pronounce, and even more difficult to perform; but a full turn of the body on one’s toe or the ball of one’s foot, multiplied at dizzying speed while the world remains still or aghast with onlookers of disbelief, is but a day’s work for the stage performer.

Practice makes perfect, and the time, energy, pain and history of falls and mistakes preceding a single performance before an audience anticipating unsteady bouts of dizzying falls, where simple tasks of walking or standing are the only points of contextual reference and understanding, it is indeed an amazing feat of grace, balance, determination and pinnacle of human perfection.  It is a showcase of physical coordination:  the capacity to find the center of gravity upon a singular digit of extremity, and to twirl without falling from grace.

Human tragedies are like metaphors of such acts; for, as the world remains still, one’s own universe spins in a twist of timeless moment ensconced without empathy or consideration by others.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact one’s ability and capacity to perform the essential elements of one’s positional duties, the circumstance itself is likened to the act of a ballerina’s pirouette:  one’s own world is a twirl in time, while the greater objective universe remains impassive, dispassionate, unconcerned and mere observers of an inner sanctuary gone mad but from all appearances remaining the same.

It is difficult to convey in a persuasive or convincing manner such conceptual anomalies as “pain”, “depression”, “cognitive dysfunction”, “radiating pain“, “despondency”; words are not experiences, but they are the vehicle of transference for comprehension, understanding and relational convergence.  Watching the act of a pirouette is not the same as experiencing it; but finding the right words to describe it can come as close as possible for the necessary intersection of understanding.

For the Federal or Postal worker who needs to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, the ability to perform a pirouette is not a requirement, and it is not even mandatory that one can properly pronounce the word without a twisted tongue.

What is required, however, is to be able to convey effectively the spinning universe as experienced by one’s medical condition, such that the administrative specialist at the U.S. Office of Personnel Management can come as close to the experiential context of one’s deteriorating human condition as possible by a formulated convergence of concepts communicated via the greatest singular tool of Mankind:  the written word.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Delaying the Inevitable

Projection of future events, anticipation of coming circumstances, and rumination upon conflicts yet to occur; these are very human experiences beyond mere base anxieties.  Other primates may recognize and prepare to react to events about to develop, but the wide spectrum of time between the current state of affairs, and the projected future event, is perhaps the most telling factor in differentiating the complexity of human beings from other animals.

It is precisely because of this capacity to foretell, and thereby choose to forego, that we often allow for troubles to exponentially quantify, despite out own self-knowledge as to what is in our own best interests.  Perhaps that, too, is a telltale sign of complexity:  the ability to do that which is against one’s own egocentric universe.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s positional duties, the recognition that current circumstances cannot last forever, or even for very much longer, occurs fairly early on.

Is it the fear of actually acknowledging the truth of the inevitable?  Or, perhaps, merely a prayerful hope that things will change, that the next doctor’s visit will further enlighten, or that the medication prescribed, the surgery noted, and the therapy scheduled, will somehow improve such that one can continue to perform the essential elements of one’s Federal or Postal job?

Medical conditions, however, have a blunt and honest way of informing; it is not like a whisper or a winter’s cold which nags for a few days; the former can be clarified by asking to speak louder; the latter can be attended to by rest and a generous infusion of liquids.  But a medical condition?  It is that stressor in life where, despite out best efforts to ignore or wish away, the reality of its existence portends of our vulnerability and our fragile nature.

Preparing, formulating and 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 often the next, and inevitable step, towards securing a better tomorrow.  It is that “tomorrow” which cannot be delayed for too long, and despite the greater nature of our souls in hoping for a brighter future, the truth is that delaying the inevitable does nothing to stop the rotation of the earth on its axis; it merely fools the fool who foolishly fails to fully follow the path away from folly.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: That Spare Tire

We rarely think about it; and it is somewhere “back there”, in the event of, in case, if it happens, as a contingency, as an insurance policy, for the rare occasion of a potential mishap.  But with the modern ingenuity of reinforced rubber with a manufacturing process of innerliner calendering, one rarely even sees a car on the side of the road with a lone figure attempting to locate the spare tire, with the car unevenly perched upon a device secured in a dimensionally precarious manner, to change that flat tire.

But it does happen, and even with all of the advances in technology which resists direct punctures and roadside hazards pounding away at the four (or more) elements which keep the vehicle running, the flat tire and the need for a spare requires the safety net to ensure that secure sense of a peaceful mind.

Like life insurance, fire and catastrophic umbrella policies, the spare tire will always remain, no matter any future inventions or guarantees of outdated necessity.  For Federal employees and U.S. Postal workers who are part of FERS, CSRS or CSRS Offset, Federal Disability Retirement is precisely that spare tire which provides a semblance of security if and when the need arises.

Most Federal and Postal employees continue their careers to the end, until the time of retirement, or a transference of talents and abilities to the private sector for more lucrative venues; but for that small percentage of Federal or Postal employees who find that, during the course of one’s career, a medical condition has interrupted one’s goals and prevents one from performing one or more of the essential elements of one’s positional duties, then preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is a necessary contingency to trigger.

Suddenly, the benefit looms larger than ever, is more important than previously recognized, and becomes lauded as the lifesaver of the moment.  That is precisely what we do with the spare tire — we do not even think about it, nor are aware of its precise whereabouts (except that it is under the vehicle, in the trunk, or somewhere “back there”), but travel about with the peace of mind that, in the rare hypothetical event of “if”, it is there to be accessed, so that once the change is made, we are again well on our way down the road of life.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Lawyer: Catharsis

Medically, it is the process of purgation; in experiential moments of truth and recognition, it is the causal impetus to sudden change or need of change.

For Federal employees and U.S. Postal workers who suffer from a medical condition, there comes a time when recognition of the linkage between the medical condition and the mandate for change conjoins to create a cathartic moment of realization.

We can fight against it; one can ignore, disregard, suppress or otherwise pretend; but whether one’s imagination and creative cognitive dismissal can continue a fantasy of make-believe, the objective world around us remains steadfast in reminding one that Kant’s bifurcation of the world we live in, like cocoons in a protective shell of discontent, cannot alter the reality of the noumenal reality beyond the cognitive constructs of our own making.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, is often the first step in recognizing the need for change; and waiting upon a true catharsis will often only result in the self-immolation of destructive purgation — for, by waiting for a crisis-point of that moment where change is necessary, the shock of coalescence where circumstances, the medical condition, and the sudden realization of the true state of affairs come to the fore, may be greater than was ever necessary.

Waiting by ignoring is never a wise decision; procrastination of the inevitable is merely an artificial extension of the coming moment of realization; and in the end, disregarding that which everyone else has implicitly recognized, will only allow for the fate of cathartic gods to send down that bolt of lightening when one least expects it.

Sincerely,

Robert R. McGill, Esquire