Federal Disability Retirement: Medical conditions and the “to-do” list

We often approach everything in life in a repetitive, systematic manner; of a routine which engenders habituation of comfort, and of identity harkening to obsession of similitude.  It is said of Kant that his neighbors set and corrected their watches and clocks according to the regularity of his walks, as his life maintained a predictability of precision so reliable that error could only be ascribed to a mechanical defect, and never to his human constancy.

It is as if there is an internal “checklist” in order to attain a progression of human development, and in an effort to achieve that advancement, both of thought and of physical growth, we must be assured of completion and fulfillment.  But medical conditions are never like that; we cannot “do something about it” and expect to “check it off” of our “to-do” list, only to move on to the next item on the itinerary.  A pastor once quipped, “Where there are people, there are problems.”  True enough; although, there could have been an addendum:  “And where there are problems, you can always find impure motives.”

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 one’s Federal or Postal job, the problem is one of duality of purpose:  For the Federal or Postal employee suffering from a medical condition, the approach of attempting to “check off” the medical condition as another item on a “to-do” list is always rebutted by the stark reality of the medical condition itself; and from the Federal agency’s perspective (or the Postal Service’s), the thought-process of “when will it go away” simply avoids the issue, and fails to address the problem of the conflict which arises.

Thus, the benefit of OPM Disability Retirement is there for the Federal or Postal employee, precisely to allow for those circumstances in which (A) the medical condition no longer allows the Federal or Postal employee to be able to perform all of the essential elements of one’s positional duties, (B) the medical condition will last a minimum of 12 months — not that one must wait for 12 months, but rather, that the prognosis by a doctor or medical provider is willing to state that the medical condition will, within reasonable medical probability, last for that long, and (C) accommodation of the medical condition is not possible, and reassignment to a position at the same pay or grade will not ameliorate the situation.

In the end, medical conditions defy the human attempt to treat it as merely another obstacle to overcome, or an irritant to set aside.  It is a condition of human existence which represents a trial for a linear life we attempt to manage, when in fact a change of course is often the remedy, and not the repetition of comfort found in the thoughtless quietude of habit.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney: Out to Pasture

There is a natural proclivity by the previous generation to resist the transference of authority before its designated time; the conflict arises not as to the inevitability of such change, but rather as to the appropriate context, procedural mechanisms instituted, and the care and sensitivity manifested.  And that is often the crux of the matter, is it not?

The brashness and lack of diplomacy and propriety; the insensitive nature of youth in trying to take over before paying one’s proper dues; and a sense that the young are owed something, without paying the necessary price through sweat and toil.  And the older generation?  From the perspective of the young, they are often seen as intractable, unable to face the reality of the inevitability of generational transfer; the ideas once seen as new and innovative are mere fodder for laughter and scorn.

Such treatment of those on their “way out” are often given similar application for Federal employees and U.S. Postal workers who show a need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.  Such employees are viewed as those being “put out to pasture”, and as something less than human, partial in their worth, lacking of completeness, and needing to be shoved aside to make room for the healthy and fully productive.

Resentment often reigns; the insensitivity of the approach of agencies in their bureaucratic indifference is often what prevails; and once the exit is complete, those who were once the warriors and conquerors of yesteryear, are mere vestiges of forgotten remembrances of dissipating dew.

Always remember, however, that there is another perspective than the one which is left behind.  For the Federal or Postal employee who is put out to pasture by one’s agency, there is new ground to break, fresh challenges to embrace.  The pasture that one enters need not be the same one that the former agency considers; it is the one which the Federal or Postal Disability Retirement annuitant plows for himself, and whatever the thoughts and scornful mutterings of that agency left behind, they now have no control over the future of the Federal or Postal employee who has the freedom to follow the pasture of his or her limitless dreams.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Word Additions

When viewing a landscape, does the utterance of words add anything to the beauty or desolation?  When rage wells up within a tormented soul, do words which convey a rational thought process ameliorate the temperament in any way?  Whether, in the evolutionary progression of one’s biological apparatus, the appearance of language beyond fundamental communication (e.g., for advanced warning of dangers, conveying of location, and similarly basic devices of informational immediacy) enhances the meaningfulness of the thing itself, is a question beyond mere pedantic interest.

Does a person add anything to the beauty of a red dawn, by describing it with words and conceptual constructs?  Or, better yet, do we glean any greater understanding by descriptive means, or does it merely camouflage the exquisiteness of the thing itself?  There are exceptions.

Medical conditions, and the need to understand their origin, impact, treatment modalities and prognosis allow for individuals to makes decisions based upon information gathered.  The pain itself, or the destructive and progressively debilitating nature of a medical condition, may not require descriptive devices of deciphering linguistic dalliances; but for the Federal employee or the U.S. Postal worker who must map out one’s future course of actions, the words which one chooses to employ can make all the difference in the conceptual world we live in.

Federal Disability Retirement is a benefit available to all Federal and Postal employees who find themselves with a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job.

For Federal and Postal employees under FERS (which most Federal and Postal employees are under, inasmuch as CSRS and CSRS Offset employees are becoming rarer by the year), a minimum of 18 months of Federal Service must be accumulated; but once that threshold is met, it is the evidentiary sufficiency based upon the legal criteria as mandated by statute, the courts, and the U.S. Merit Systems Protection Board, which must be complied with through the use of words.

In viewing beauty, words rarely add; in experiencing feelings, language often merely complicates; but in engaging a complex bureaucratic process, words and conceptual constructs add to the future viability of one’s capacity to meet the complex challenges of an ever-changing world.

Sincerely,

Robert R. McGill, Esquire