Federal Employee Disability Retirement: Life Choices

We all have to make them; and though we may alternatively want to curl up into a fetal position and wish the blunt world to stop bothering us, the decisions we make, and take responsibility for, reflect the state of maturity which binds us to age, experience and level of moral maturity.  It is, to a great extent, a superficial and shallow connotation and reference point; for, as the inevitability of choices to be made result from living in circumstances of our own making, so to imply that there is anything “substantive” in speaking about them undermines the very relevance of implication itself.

To live is to be confronted with daily choices; only the dead remain silent and require not the paths to pick.  Thus do mundane and pithy sayings originate.  Life is full of choices; the choices we make in life determine the future course of events yet indeterminate, but somewhat foreseen and predictable. Often, we avoid them not because of consequences untold, but for knowing the folly of our decisions.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition foretells of impending signs which the Federal agency and the U.S. Postal Service have, or will, impose and initiate, the time to begin preparing one’s Federal Disability Retirement application is “now”.  Yes, the Federal and Postal employee has up to one (1) year to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, in order to meet the Statute of Limitations for filing an OPM Disability Retirement; but as it often takes many, many months to prepare, submit and get an approval from OPM, so the decisions we make today will have future consequences untold but foreseen if choices are not embraced in a timely manner.

Life presents many choices, alternatives, and lists of items like entrees on a menu; but in the end, the choice made means that when the plate of food arrives, a check for payment will follow soon afterwards, and it is the expectation of the price to be satisfied which should prompt and motivate any decisions of delay for the Federal or Postal Worker who intends on procrastinating in the preparation, formulation and filing of a Federal Disability Retirement application through OPM, whether the Federal or Postal employee is under FERS, CSRS, or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement from the U.S. Office of Personnel Management: A Choice of One

A choice of one is not a choice at all, except in comparative contrast to the state of affairs one is left with. In life, however, that is often the only viable option offered: Either to remain in an unchanged state of being, or to adopt another set of circumstances which may offer only a limited attraction of availability.

But in choosing the alternative option in comparison to one’s present state of affairs, the evaluative process should not be frozen in present-time analysis; rather, if the given option allows for greater future promise and flexibility, as opposed to the current situation which may retain little to no hope for the future, then the qualitative attractiveness of the “other” may be of exponentially greater value.

One must always take care that one is comparing the valuation of items within a set of choices in terms of qualitative comparability; thus, the old adage and admonition of “comparing apples to apples, and not to oranges”, applies both in terms of substance, as well as future potentialities.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition begins to prevent one from performing one or more of the essential elements of one’s job, the “choice of one” is often what one must confront. For, not filing for Federal Disability Retirement will ultimately lead to separation and administrative termination. Or, one may simply resign from one’s Federal or Postal job, and walk away with nothing. Neither of the two previously-stated “options” are viable or rationally sound ones.

Thus, for the Federal and Postal employee who is suffering from a medical condition which impacts one’s ability/inability to perform the essential elements of one’s job, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management becomes the “choice of one”. But it can still be considered a viable and fruitful choice, precisely because it accords a relative state of stability for one’s financial future, and further, it allows for the Federal and Postal employee to seek other employment in the private sector, and make up to 80% of what one’s former Federal or Postal position currently pays, and still retain the Federal Disability Retirement annuity.

Not all options offered are equal. An ice-cream stand which offers only one flavor makes a limited presentation of attraction; but if the inner core of the singular flavor contains a mystery of hidden bursts of multiple sensory explosions which enhance the salivary delights of the customer, then you suddenly have a greater choice than merely a choice of one.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: The Flashpoint

The flashpoint is the temperature at which an organic compound becomes combustible; during the entire time building up to that point, the rising temperature in combination with the chemical reactiveness of the substance was all the while sitting in preparation for the point of ignition; were there options to pursue prior to the point of ignition?  If there had been a change in chemical make-up, then perhaps the point of temperature-to-combination of substance would have altered, where either a higher or lower flashpoint would occur; or, the rise of the temperature, and the rate of acceleration, could have been changed.

Whatever the needed changes in order to avoid the flashpoint, however, one thing is clear:  the options are limited, and any altered states would merely delay the ultimate event of a flashpoint occurrence.

For Federal and Postal Workers who suffer from a medical condition, such that the medical condition impacts the performance of one or more of the essential elements of one’s job, the flashpoint of filing for Federal Disability Retirement benefits, whether under FERS or CSRS, through the U.S. Office of Personnel Management, is an inevitability which leaves the Federal or Postal employee similarly limited options.

One can continue in the mode of life which one finds one’s self in: of the daily treadmill of suffering through the workday with pain, profound fatigue and progressively debilitated emotional turmoil.  Or, one can wait for the Agency to initiate an adverse action, such as a Performance Improvement Plan (PIP), periodic suspensions or reprimands — or removal.  Or, one can begin to prepare, formulate and file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Limited options do not necessarily constitute a flashpoint of negative consequences; yes, a fire bursting in a home is a tragedy, but then there are controlled fires and even naturally occurring ones in fields of decay which benefit the environment.

It is thus ultimately up to the Federal or Postal employee to determine the point of combustibility, and therefore the timing of the event identified as the flashpoint.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: Choices Left

Options presented imply the availability of alternative picks; but such choices are real ones only if they don’t magically disappear when asserting one over another.

By analogy, Agencies in a Federal Disability Retirement case may claim that all sorts of accommodations have been attempted and provided; but if an ergonomic chair has been given to an administrative worker who suffers from psychiatric conditions which impact one’s focus, concentration, and cognitive capacities, the irreconcilable lack of correspondence between the attempted aid and the medical condition suffered, amounts to an ineffective attempt at accommodations at best, and at worst, a cruel joke.

But as Agencies enjoy patting themselves on the proverbial back, so statistically they can claim that 99.9% of their employees have been accommodated; it just so happens that either the Federal or Postal employees failed to take advantage of such empathetic attempts by the agency, or were not able to appreciate the full extent of such angelic endeavors.

Many medical conditions, of course, are unresponsive to any such attempts of accommodations, precisely because of the very nature, extent and severity of the conditions themselves.  This leaves one with the only choice left:  to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS.

That is why the benefit was enacted; as such, there should be no reason why agencies should attempt to subvert or otherwise place obstacles in the quest for a goal which was intended to accommodate such non-accommodatable circumstances.  But then, the test of sincerity is not mere words, which can come cheaply, but through actions, which can result in a stark reality-check.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Alternatives and the Sense of Guilt

In the course of speaking with thousands of Federal and Postal employees over the years, with those who are contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, both under FERS & CSRS, two prevailing themes often overshadow the discourse:  the sense that there are few alternatives left because of the impact of one’s medical condition upon one’s ability/inability to continue to pursue the intended career-course of one’s life; and secondly, a sense of guilt (or sometimes interpreted as shame) that such a course of action triggers.

The former response (that there are limited alternatives remaining) can often be resolved by a change of perspective:  To accept one’s medical condition, while difficult, is a reality which must be embraced, and in doing so, to be open to a change in vocation and previously-set view of where one wants to go in life.

The latter — of having a sense of guilt or shame for considering the course of filing for Federal Disability Retirement benefits — is often a result of misunderstanding the option of Federal Disability Retirement.  For, Federal Disability Retirement under FERS or CSRS is merely part of one’s compensation package which one signed onto when you became a Federal or Postal employee.  It is not an acceptance of defeat; it is not a resignation from one’s goals; rather, it is an avenue to embrace a course of rehabilitative stage of life in order to be able to recover sufficiently to pursue a different vocation and a different course of action in one’s life.

To remain steadfast and have a sense of fidelity is indeed an honorable thing; but to remain steadfast on a train bound for disaster, is merely a stubborn trait of foolhardiness.

Sincerely,

Robert R. McGill, Esquire