OPM Disability Retirement Lawyer: At What Cost?

The introduction of the “cost-benefit analysis” (CBA) by the French (who else?) is a quantitative approach in determining whether to go forward with a given project.  There are other approaches, of course, but the popularity of such a utilitarian paradigm is especially attractive to Americans, precisely because it allegedly places a determinable value upon the project, endeavor or issue in question.

But not everything in life is quantifiable in monetary terms; and while the CBA approach can take into account complex factors and assign methodologies of evaluating such that otherwise unquantifiable terms can be converted into numbers, the question still comes down to a simple issue of self-reflection:  Is it worth it?

For Federal employees and U.S. Postal workers who have 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 positional duties, a cost-benefit analysis is often taken with a singularly stark question:  Can I survive on the annuity proposed by statutory authority?

But this often ignores a parallel query, just as stark and similarly singular: What other choice is there?  If the medical condition arose as a matter of a work-related incident, certainly the Federal or Postal employee under FERS, CSRS or CSRS Offset should file for OWCP/DOL benefits; but even then, Worker’s Comp is not a retirement system, and there will likely come a time when it is still necessary to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

The unquantifiable factors in any CBA are those more personal, intangible issues which we rarely desire to face:  What will happen if I ignore the present course of settings?  If I continue to work with my medical condition and somehow reach retirement age, what kind of shape will I be in to enjoy my “golden years”?  Will the agency tolerate my reduced productivity, and what will their next move be?

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is never an easy decision, and should not be taken without a thorough and self-reflective analysis; but it is often an approach tantamount to negative-theology which will bring out the true answers to a dilemma — of what will result if one does NOT do X, as opposed to a quantification of values — and provide the necessary framework for a future reference of positive closure to a human condition which always seems, at the time and moment of suffering, to be a calamity beyond mere dollars and cents, and for which the famous Utilitarian Philosopher, John Stuart Mill noted, that actions are right “in proportion as they tend to promote happiness.”

Sincerely,

Robert R. McGill, Esquire

 

Another similar article previously published: Federal Disability Retirement pros and cons

 

 

OPM Disability Retirement: The Quiet Subtlety of Excellence

Failure blares like a discordant trumpet in a confined space with no exit; success flows like the quiet stream on the other side of the mountain, barely noticed.  In law, it is the appeal, and the written order issued therefrom, which receives the attention of the daily press.  Yet, if one pauses to consider:  The reason for the appeal, is the lack of success at the trial court level.

For Federal employees and U.S. Postal workers who suddenly find themselves the target of workplace hostility because of a medical condition which now prevents them from performing one or more of the essential elements of their job, it is often a surprise that they have become a focal point of interest.  The quietude enjoyed for so many years, in relative anonymity, is actually a reflection of one’s outstanding performance throughout the years.  It is because of the threat of departure — of the “failure” to continue to support the agency, or to provide ongoing efficient contribution to the U.S. Postal Service — that results in the sudden and unwanted attention.

Filing for OPM Disability Retirement benefits for the Federal employee or U.S. Postal worker who cannot perform all of the essential elements of one’s job anymore, is an option which must be considered precisely because of the limited alternatives offered or provided by the Federal agency or the U.S. Postal Service.  Health should always be the primary concern; maintenance of one’s health, the focal point of endeavor.

And just as importantly, to maintain that quiet subtlety of excellence in the next important step of one’s life — to prepare, formulate and file an effective Federal Disability Retirement application to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

All these many years, the Federal or Postal worker has dedicated him or herself to the excellence of combining career, family and personal relationships; when the time comes to attend to one’s own medical difficulties, it is important to maintain and continue that standard-setting record of accomplishments, by ensuring that one’s Federal OPM Disability Retirement claim reflects what has always been known all along, but has only received the murmurings of a muffled fanfare — that quiet subtlety of excellence.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Of Monsters and Magicians

Childhood is characterized both by fraughts and fantasies; of imagined universes filled with the realities of the unknown, tempered by admonishments balanced by a world of adults who reassure, mixed with warnings and counsel of what could be. This is a complex, complicated world; to maneuver throughout it all is to first survive successfully the caricature as depicted in one’s imagination, and to match that against the objective world replete with dangers beyond mere bumps in the night.

Monsters are creations of fictive activities, and the child is told they are make-believe; yet, at the same time and almost in the same breath, warnings ensue about the world of bad people who may offer candy and toys to lure the unwary; and of magicians, what can we say? With computer-generated imagery complete with trolls and tyrannosauruses, where cuts evoke merely a wince and levitation occurs by mere whim of fancy, can the mermaid with golden braids be far behind?

To “grow up” is to leave behind both monsters and mermaids; but what we are often left untold, is that while the linguistic designations may change, the reality of the harshness of the world beyond the mountains filled with trolls and ogres, still remains filled with adversity, evil, harm and harrowing harbingers of hopeless encounters.

Medical conditions are real. Whether spoken of as monsters within, it may provide for a more simplistic paradigm of understanding, but is just as effective as viruses, virulent infections and bacteriological encounters.  Or of trolls and ogres?  Do we not know of Supervisors and Managers who put on masks of societal acceptance when others are around, but show their fangs and claws of flea-bitten gnarls when alone with you?

Federal and Postal workers who must confront a medical condition, where the medical condition prevents one from performing one or more of the essential elements of one’s job, encounter by necessity of circumstances a world once left behind in childhood dreams; but the reality of the situation, however designated and whichever way described, often reveals a universe of unreal reality just as trolls and mermaids are; but it is still a battle which must be fought, fraught with monsters and millipedes of myriapodous anthropods crawling in the night.

Federal Disability Retirement benefits, filed through one’s own agency but ultimately with the U.S. Office of Personnel Management, is an avenue revealed through necessity, of reaching a plateau of existence in order to rehabilitate one’s self from the world of adversity. The benefit is available for Federal and Postal workers who have the minimum time in-service requirements within the Federal Sector.  It is a benefit which must be fought for, proven, and protected, just as Sir Galahad did as the brave son of Lancelot.

Whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS-Offset, the world of medical conditions and debilitating diagnoses can only be successfully countered by securing a semblance of a present need, as well as a future hope for continuation in order to rehabilitate the devastating effects of the medical condition.  It is similar to the battle in childhood, only more real than the reality of monsters and magicians.

Sincerely,

Robert R. McGill, Esquire

 

USPS & OPM Federal Employee Disability Retirement: One of Those Days

There are “those days”, so characterized because of the micro-calamities which, in their cumulative impact, disproportionately reveal a compendium of aggregated irritants amounting in totality to a forgetful epoch of one’s life.

By contrast, a medical condition of an insidious nature, progressively deteriorating, chronic in persistence and debilitating in severity, magnifies tenfold — nay, a hundred, a thousand, a ten-thousand-fold impact of exponential consequences — the remembrances of pain, psychiatric turmoil, and the bitter acknowledgment that life’s meaningful embrace has lost its luster.

The vibrancy of youth, of formidable tolerance for reckless antics and disregard of forbearance and calm rectitude of reasoned behavior, now replaced with caution and trepidation, lest the excruciating pain explodes unmanageably and coworkers can see that you are one of the ones who are now an “outsider”, like those of old, isolated, quarantined and banished to the leper colony, no longer extolled of the talents and virtues once possessed.

While microcosmic calamities can be shrugged off with an excuse of blaming some external circumstances, the problem with medical conditions is that it is tied singularly, inextricably, and undeniably, to the person “possessing” the medical condition; and like siamese twins who share a vital organ, one cannot extricate from the consequences of a medical condition as one can from a spilled cup of coffee.

For the Federal worker or Postal employee who suffers from a health condition, such that the medical condition constitutes a daily cup of spilled coffee, the choices are quite clear: remain in the same capacity and bear the brunt of the daily calamities; resign and walk away with little to nothing to show for one’s lifetime efforts; or the more viable option, 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.

One can sit and sigh, and resign one’s self to accepting fate as characterized as “one of those days”; or fate can be controlled, maneuvered and manipulated, to where those days of calamitous casuistry can be relegated to forgettable events of days bygone, and where the Federal or Postal employee can begin to rebuild a future based upon an OPM Disability Retirement annuity which allows for a base annuity, along with the potential to earn up to 80% of what one’s former position currently pays.

Thus, just as a cup of coffee spilled can be cleaned up; so the hallmark of “one of those days” can be merely an isolated event in an otherwise greater spectrum of life’s potentialities.

Sincerely,

Robert R. McGill, Esquire