Resigning from Federal Employment and Filing for OPM Disability Retirement

Resignation is what the adversary wants; it is rarely an innate condition of the human animal.  Whether one believes in the evolutionary process of incremental genetic adaption, progression and determinism, or that the gods of traditional theology puts forth a teleological foundation, the concept of “giving up” possesses an inherent shrinking away, a repugnance and a natural inhibitor to an act which constitutes surrender and, in some corners of thought, betrayal to self.

But the will of human beings is what separates from the genus of that which we derive; and as monks can defy instinct and sit in burning bonfires of self-immolation, and sheer determination of will-power can overcome fear, the rush of adrenaline and the propulsion of compulsive irrationality through reasoned guidance, so there may be times when resignation carries with it a compelling basis which justifies the action.

For Federal employees and U.S. Postal workers who are contemplating 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 issue of resignation is often at the forefront for multiple and varied reasons:  the agency often suggests it (which, in and of itself, should not be a basis for acting, as the self-interest of the Federal agency or the U.S. Postal service should not be the paramount concern during such a time of turmoil when a medical condition is impacting the Federal or Postal employee’s ability and capacity to perform the essential elements of one’s positional duties at the Federal agency or the U.S. Postal Service); where all Sick Leave, Annual Leave and FMLA rights have been exhausted, and the inability to maintain a regular work schedule has resulted in the initiation of disciplinary actions by the agency (here, the language contained in any such action proposed by the agency or the U.S. Postal Service may be of some use in a Federal Disability Retirement application); or where other pragmatic decisions may be contemplated, such as the ability to access one’s TSP in order to financially survive during the process of waiting for a decision on a pending Federal Disability Retirement application, as well as multiple other unnamed reasons too numerous to discuss within the confines of this limited forum.

Whatever the underlying reasons and rationale, there is often an instinctive reaction, a repugnance and resistance, in engaging an act which is tantamount to surrendering one’s career and “walking away”.  There may, in the end, be compelling reasons to perform such an act, and not all actions involving resignation constitute a reflection of a desperate need.  If reviewed calmly, and decided rationally after due consideration of all of the factors and elements involved, such an act of apparent self-destruction may in fact be the most prudent course of action which perpetuates the genetically-determined embracing of evolutionary survivability, or the voice of gods long whispering in the echoing reverberations of Dante’s concentric circles of ever-impending escape from the fires of hell.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney: Pivotal Moments

In basketball, it is a key movement of escaping an opponent’s attempt to block or steal the ball, so long as one foot retains its point of contact with the hardwood floor.  In the game of greater life, it is a moment, in contradistinction from a singular series of movements, comprising the culmination of a spectrum of events, which requires a decision of exponentially quantified significance, such that it may be considered metaphorically to be “earth shaking”.

It can seemingly be as minor an event as when the first confrontation occurred as a child, challenging one to a fist fight; but, in retrospect, win or lose, that moment was pivotal in the sense that it determined the future character of an individual’s make-up:  of courage or cowardice, of fight or flee, and of facing up or turning away.  Or, of greater relevance, at least on a memory and consciousness level, of a career choice, of which school to attend, of whom to marry, and of raising a family despite difficulties, or divorcing with impressionable regrets.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is just one of those “pivotal moments” — it is a point of reference, the proverbial “fork in the road”, and the Frost-like road less traveled.  For many Federal and Postal employees, whether under FERS, CSRS or CSRS Offset, “sticking it out” and enduring the pain, the constant harassment and pernicious hostile environment, is actually the path of least resistance, precisely because the repetition of habitual comfort is often preferable to the unseen, unknown and unforeseen.

Like the basketball player who must maintain the point of contact with one foot while moving about on the other lest the referee’s whistle blows for a traveling violation, the Federal or Postal employee who suffers from a medical condition such that he or she is no longer able to perform all of the essential elements of one’s positional duties, remains within the “safety net” of the greater arena of life.

But within that macro-context of one’s future, whether one remains or takes an affirmative step by preparing, formulating and filing for Federal Disability Retirement benefits through OPM, will determine that future orientation where retrospective dismay may tether the soft landings of past regrets, when once butterflies fluttered like the dreaming spirits of yesteryear for pivotal moments once grasped at, but lost forever in the floating vestiges of our memories of yore gone and long forgotten.

Sincerely,

Robert R. McGill, Esquire