OPM Disability Retirement Lawyer: Life’s Dispensation

It is often a word which is accompanied with the adjective, “special“, as in “special dispensation”; but a close review of such a phrase would reveal the redundancy of placing the two words together.  For, to have a dispensation is to be offered a unique situation where one is already exempted from the usual and customary rules applicable; and to insert the adjective, “special’, adds little to the exclusionary nature of the occasion.

For Federal employees and U.S. Postal workers who suffer from a medical condition, and where the medical condition is beginning to impact one or more of the essential elements of one’s positional duties occupied in the Federal sector and U.S. Postal Service, it is the disability and medical condition itself which gives rise to the dispensation requested, demanded or otherwise warranted.

That is precisely why resentment, hostility and exclusion occurs as a reactionary response by the Federal agency or the U.S. Postal Service: because special treatment outside of the normal rules of employment tend to engender such negative responses.

Filing for FMLA; requesting an accommodation in order to continue working; becoming entangled in EEO Complaints, grievances and the like — they all set you apart, and require actions outside of the normative parameters of daily relationships within the employment sector.  And that ultimate reaction by the agency, of “sticking it to the guy” even when it involves a medical condition impacting one’s employment and livelihood — one wonders, how can others be so cruel?  It is justified precisely through the psychology of the “herd mentality“, reduced to its most natural form in a single question:  “Who does that guy think he is?”

For Federal and Postal employees, whether under FERS, CSRS or CSRS Offset, it often becomes necessary to follow up with the ultimate dispensation of that which one’s employment offers — that of filing for Federal Disability Retirement through the U.S. Office of Personnel Management.

It is not always the case that an employment package offers an annuity which (A) provides for continuation of insurance benefits and (B) allows one to work in a different vocation while receiving the annuity; but Federal Disability Retirement allows for both, so when the situation arises and there is a dispensation which reveals a solution to a problem, it is indeed a special circumstance which should be recognized as such, while ignoring the redundancy of life’s tautology.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Rocking Chair and the Never-Ending Story

The myth about retirement has long receded; once upon a time, there was an idea, a concept, an ethereal potentiality, of reaching a point of quietude where reflection, dispensing of wisdom, and calm gardening and tending to the passing of time would be the status of choice; but modern life has wreaked havoc upon such a notion.

It was perhaps engendered by the character, Mose Harper (the sidekick of John Wayne) in John Ford’s, “The Searchers”, who only wanted a “rocking chair” at the end of his troubles.  But the never-ending story in these times of modernity, is that one must always claw and fight for maintaining the high standard of living which we enjoy and have become content with.

For Federal employees and U.S. Postal workers who must take an early form of retirement — a Federal Disability Retirement — because of his or her ongoing medical conditions, where the medical conditions no longer allow for the continuation in one’s job because they prevent one from performing one or more of the essential elements of the job, the battle to first prove a Federal Disability Retirement application, then to retain and maintain it, throughout all of the complexities of the bureaucratic and administrative process, is a daily chore and toil.

First, there is the right to get it approved; then, there may be periodic Medical Questionnaires which are issued and which mandate a response; then, if Social Security Disability is approved, the offset between FERS Disability benefits and SSDI must be calculated; then, if you become employed and lose the SSDI benefit because of income, the FERS Disability annuity must be recalculated; then, at age 62, recalculation because the Federal Disability Retirement annuity effectively ends, based upon the total number of years of service, including the time one is on Federal Disability Retirement; and then the need to maintain income sources because of the reduction; and so the never-ending story continues.

Indeed, it is not from the rocking chair which the retiree tells a story, like Mose Harper must have done in his old age; rather, the modern retiree from the Federal sector, whether as a former employee of a Federal agency or the U.S. Postal Service, must tell his or her never-ending story to an empty chair with rhythmic movements to and fro absent an occupant, as the old man remains away, trying to figure out the further complexities of this age of modernity.

Sincerely,

Robert R. McGill, Esquire