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: Options

Often, in life, we believe that others walk around with esoteric knowledge unavailable and unreleased; it is considered from the viewpoint of what is, in philosophy, identified as an “epistemological privilege” — that as others have private thoughts which are inaccessible to us, so there must be a vast array of knowledge similarly situated.

Experience teaches us to become suspicious of others, as somehow the inner workings of power and wealth tend to bypass most of us, and the list of uninvited guests to cocktail parties reserved exclusively for the select few parallel a privileged club of partisan divides.  But the truism of life’s encounters also unleashes another candid tautology:  most things are quite self-evident, and Ockham’s razor is the general principle of prevailing determinism.

For Federal employees and U.S. Postal workers who are puzzled, dismayed, confused and confined by a lack of awareness concerning one’s options when a medical condition begins to impact one’s ability to perform one or more of the essential elements of one’s job, information gathering should always be the first step in the process.

Perhaps conundrums will still arise, or confusion may develop resulting from a compounding aggregate of “too much” information “out there”.  Further investigation may be warranted; but in the end, most Federal and Postal employees realize that the options are limited, and the choices relatively uncomplicated.

Federal Disability Retirement remains a preferred option for many, filed through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, over OWCP-based claims (because Worker’s Comp is not a retirement system, ultimately); beyond staying with the job (because it will normally turn out that doing nothing will only make the situation worse, in most instances); or expecting an accommodation or reassignment (not likely to happen, as agencies and the U.S. Postal Service rarely look out for the best interests of the Federal or Postal worker first).

In the end, options depend upon knowledge; for, as the corner ice cream shop of yesteryear had but two flavors, vanilla and chocolate, so the modern-day chain sensation may tout 50 or more; but we tend to always come back to the basics, where we find that multiplicity of additives does not make for real alternatives in life.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Stolen Soul

Superstitions often have a grain of truth in them; otherwise, they would not have endured the test of culture, time and governance of actions in ensuring their longevity and pervasive countenance.

Aboriginal tribes and remote communities far removed from the technological modernity of this growing world; pockets of secluded peoples and those who simply shy away from the spotlight of drones like druids of yore; once, there was a belief that having a photograph taken or an image drawn constituted the stealing of a soul.  We don’t believe that.  We no longer believe such nonsense.

Such belief systems constitute an anomaly tantamount to insanity, or at the very least a level of eccentricity bordering upon an unacceptable level of non-conformity.  Indeed, instead, we have gone in the opposite direction of the extreme: many no longer visit ancient and sacred sights with a view by the naked eye, but through the lens of a video camera never to be detached from the “on” button; and we deplete and exhaust the personal “I” within the sanctity of our selves by posting the most personal of information on Facebook and other public forums for full view and entertainment, reserving nothing of a private nature.

For, in the end, the technology of the internet is merely an advanced form of the singular photograph of yore; and as the daguerreotype of yesteryear represented the technological advancement of securing frozen images in a given time, of a place cemented within the historicity of events and contexts of human occurrences, so the voluntary dissemination of information about ourselves is merely a logical extension of that loss of privacy and depletion of the soul.

The soul is not inexhaustible; and is that not why there is so much emptiness and loss of value in the world?  Of the content of information which we consider “personal” and “private”, that which concerns our medical condition tops the list.  Yet, in the context of Federal employees and U.S. Postal workers who suffer from a medical condition, agencies and the U.S. Postal Service will inquire, demand of, and insist upon, release of medical information beyond that which constitutes allowable breach of confidentiality, leaving aside the issue of good taste.

Of course, when the Federal or Postal employee decides to file 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, then the onus of proof (by the legal standard of “preponderance of the evidence”) is entirely upon the Federal or Postal employee, and in that event, such submission of medical information is voluntary and must be done in order to secure the benefit of Federal Disability Retirement benefits.  But before that, Federal agencies and the U.S. Postal Service will often demand medical information without limits or respecting of privacy.

A response by the Federal employee or the U.S. Postal worker should be carefully considered, lest there be a later conflict when filing for Federal Disability Retirement benefits.  For, often, during a time and circumstance prior to filing for Federal Disability Retirement benefits, the issue is one of wanting to continue to work; and, in any event, unconstrained dissemination of information of the most private nature — that of medical information — should always be carefully guarded.

In the end, releasing of medical information is like that superstitious sense held sacredly by those aboriginal tribes now lost in the deep forests of forgotten time; once, we believed that a single photograph would steal our soul, to be forever tortured in the chasms of an enemy’s grip; today, such a suspicion has been replaced with the foolhardy belief that we can give of ourselves indiscriminately, without the stolen soul suffering the agony of public scorn.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: Loss of Identity

It is often the fear of losing one’s identity which prevents one from moving forward and doing what one must, what one should, and what one needs to do in life.

For some, it may involve the complexity of human interaction and involvement with people; for others, a sense of accomplishment and goal-oriented tasks; but for all, the identity of self developed through reputation, interaction, subjectively-held viewpoints and objectively-determined statements of fact: “others” see you as the Federal Air Marshal, the Auditor, the Mail Carrier, the Electronic Technician, the Air Traffic Controller, the Budget Analyst, the Attorney-Advisor, the Administrative Officer, and a multitude of other identifiable positions which grant to the Federal or Postal employee a defined role in the mission of a Federal agency or the U.S. Postal Service.

It is precisely that objectively-applied identity, developed through years of self-identification combined with being defined by others, which in their cumulative aggregation, forms the knowledge of self over the years.  Such an identity becomes threatened, however, when loss of position becomes a reality in the fact of a medical condition which begins to prevent the Federal employee or the Postal worker from continuing in the role of the defined position.

For Federal employees and Postal workers who discover that the intersection of life’s misfortunes cannot be fully resolved in favor of what one wants, but must consider what is needed and required, the realization that loss of identity often raises the specter of roadblocks preventing the building of necessary steps, which then results in procrastination and greater loss due to delay, is a daily encounter with contradictions and conflicts which cannot be compromised.

Filing for Federal Disability Retirement benefits, for the Federal employee or Postal worker who is under either FERS or CSRS, is a necessity mandated by circumstances beyond one’s control. It is when a medical condition begins to impact one’s ability to perform one or more of the essential elements of one’s Federal or Postal job, that consideration needs to be given to filing for disability with the U.S. Office of Personnel Management.

The fear of loss of identity-through-job is ultimately an imaginary one, and one which belies the true essence of a person’s identity. One can get caught up in the “mission of the agency” or the camaraderie of corporate functions; but in the end, but for one’s health, very little retains meaning or significance; and to sacrifice one’s health for a bureaucratic entity which will survive long after one’s life, is a folly encapsulating tragic proportions.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Vows and Contracts

People take vows for various reasons: vows of silence, as a satisfaction of a prerequisite for initiation into a religious order; vows of marriage, for the union intended for a lifetime of commitment and self-sacrifice; vows of revenge, for a personal vendetta in retribution for actions suffered against one’s self or on behalf of another; and similar vows of unremitting focus until the satisfaction of such enduring commitment is accomplished.  Similarly, contracts are entered into each day, across the globe, between individuals, corporate entities and groups formed specifically for business and personal reasons.

Is there a difference between a “vow” and a “contract“?  On a superficial level, the former is viewed as a “higher order” semblance of the latter.  In a deeper sense, that is not only true, but all the more so — or, in erudite form, a fortiori.  For, to vow is to give of one’s self in totality of being; it is a gift of one’s self, often without any expectation of a similar receiving.

In contract law, of course, it is precisely the comparative analysis of a “consideration” provided and received, which determines the viability and sustainability of the agreement itself.  Far too often, Federal and Postal employees see their commitment to an agency or the U.S. Postal Service as a “vow” in employment, as opposed to a contract freely entered into, and just as freely abrogated when the need arises. This is seen when a Federal or Postal employee suffers from a medical condition and must consider the need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS.

The Federal or Postal employee treats the job as one of a “vow”, as if the significance of clinging on to the position is of greater importance than the detriment manifested to one’s health.  Federal Disability Retirement benefits, offered to all Federal and Postal employees under FERS or CSRS, is merely a contractual annuity accorded based upon the status of the individual as a Federal or Postal employee, and further proven by a preponderance of the evidence.  No vows have been exchanged — neither of the silent type, implicit, nor explicit, and certainly not of an unequivocal or unremitting nature.

Contractual terms are meant to be asserted; and one of the provisions of the “contract” for all Federal and Postal employees, is that when the Federal or Postal employee suffers 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 the Federal or Postal job, then eligibility for Federal Disability benefits may be invoked.

To accept a contractual provision is never to take advantage of anything, unfairly or otherwise; rather, it is merely a satisfaction of terms. To do otherwise, and to confuse X as Y, as in mistaking a contract for a vow, is merely to bathe in a puddle of muddle-headed thinking.

Sincerely,

Robert R. McGill, Esquire

The “Nuclear Option” after an Illness or Injury in the Federal or Postal Workplace

It is a parliamentary procedure justified by those who invoke it because the circumstances are of such dire contextual urgencies as to necessitate extreme measures.  Such urgency of action is often characterized in a vacuum — a declarative shrill of voices that such an option could not be helped because of the counteraction (or non-action) of the opponent.

Medical conditions have a true tendency to do just that.  Insidious in their inherent nature, they persistent despite every application of treatment modalities, leaving behind confounded minds who spent years and unaccounted energies and accumulated student debt in order to attain the medical knowledge to combat such conundrums of configured confusions.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s Federal or Postal job, the invocation of the nuclear option is often seen as filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS.

Such a characterization is an acknowledgment that the option chosen is one of “extreme” measures, forced because of a lack of choice.  But that would be a misnomer.  For, the “extreme” measure taken would actually be the other options remaining: Stay with an agency and struggle each day while attempting to ignore the pain of progressive physical deterioration or the despondency of psychiatric turmoil, and continue to be subjected to the constant and persistent harassment by supervisors and coworkers; or resign, walk away, and have nothing to show for the years of invested sacrifices given to one’s Federal agency or Postal Service.

No — the “nuclear option” for a Federal or Postal employee who is considering filing for Federal Disability Retirement benefits through OPM is not the preparation and submission of a CSRS or FERS Disability Retirement application; rather, such an option is best characterized by the other options remaining.  In the end, it is how one characterizes one life, which forms the true character of the individual.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: Frameworks

To be successful in any endeavor, one must identify the relevant issues, sift through and discard the peripheral contents, and maintain a thematic thread throughout in order to keep the focus upon the essence of the project. Anyone who has attended a meeting which lacks a subject-matter focus, and where a free-for-all is allowed, without a circumscribed set of agendas, can attest to the importance of setting priorities and understanding the difference between points of significance and irrelevant detractions.

Frames are important, and sometimes as much as the painting itself.  For, art is merely a slice of the greater exposure to life, and it is the frame which distinguishes that parcel of perspective and allows the viewer to participate in a moment of time and a pause for reflection.  For the Federal or Postal Worker who is contemplating filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to provide a “roadmap” to OPM, and thus circumscribe the framework of the relevant attachments, medical and legal issues to be evaluated, and the pathway to resolutions preemptively proposed.

Thus, the three tiers of an effective framework should include: (1) A clear and concise Statement of Disability (here, one must be careful because of the legal consequences of failing to include and fully describe the medical conditions), (2) A reference to the relevancy of the attached documents which support the statement, and (3) the pertinent legal foundations which are satisfied by the first two tiers.

He who frames the picture has the power to direct the viewer’s perspective; for, it is the frame which enhances the content of the artistry, and directs the appreciation to an irrelevant empty sky in a schematically unimportant corner of the painting, or to the central theme where the brilliance of bursting colors explode forth in magnificent reflections of a masterpiece’s slice of life.

Sincerely,

Robert R. McGill, Esquire