Federal Employee Medical Retirement: Existence and Being

There is a distinction between existence and being; for the former is something which merely “is”, and over which one has no control over, or the capacity of which to have any input; while the latter is the composite of the essence of who we are — the coalescence of one’s past, present, and future potentiality.

Heidegger’s life work encompassed the attempt to describe the search for being, the revelatory recognition of it, and the systematic approach to unravelling the hidden fullness of being.  It is the difference between going through the motions, and living an authentic life.

That is how Federal and Postal employees often feel just before contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS — for the state of merely existing in order to trudge to work, in order to “get through the day”, only to return home, to sleep, to struggle, to regain one’s strength, energy and stamina for a reserve to be depleted for another day of work; such a process describes an existence, not a state of being.

That is also why scams and “get-rich-quick” schemes continue to successfully con so many — because most people consider themselves merely in a state of existence, waiting to be saved for a life of being, but mistake the conversion from the former to the latter as dependent and reliant upon more money, greater acquisition of wealth, and accumulation of property.  But it is good health and the ability to be pain-free, which forms the foundation for a true state of being.

Disability Retirement for the Federal or Postal Worker is a means of attaining a state of being where rehabilitation and escape from the treadmill of progressive deterioration is possible.  That bifurcation which Heidegger attempted to describe — between a state of mere existence, and the lifting of the veil upon Being — should be seriously considered.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: The Life After

At first, it begins with survival for another day; then, upon a realization that “another day” will merely bring forth a multitude of subsequent such days, the goalposts are moved to allow for several months.  Once the realization hits you that the medical condition will not merely subside or disappear, and continuation in a present mode of existence is simply not a feasible option, then the perspective as to one’s career must by necessity change.  Filing for Federal Disability Retirement benefits, whether under FERS or CSRS, finally becomes an option.

Thereafter, the goal is to outlast the waiting line at the U.S. Office of Personnel Management — to get through the First Stage of the process, and if necessary (and a denial is obtained instead of the approval at the initial stage), the second, Reconsideration Stage.  There are multiple stages beyond the administrative stages, of course, but whatever are the administrative and bureaucratic procedures which must be undergone, the goal is to get the approval letter from the U.S. Office of Personnel Management.

And what happens when that goal is achieved?

One finally recognizes that all such goals were merely intermediate in nature, and it is at that point that one realizes that, upon an approval of a Federal Disability Retirement application from the U.S. Office of Personnel Management, the true goal is to live one’s life after separation from the Federal agency — separation in an administrative sense, certainly, but more importantly, in terms of time and medical recuperation.

Health, some financial security; a peace of mind; and a time of recuperative peace; there is indeed a life after.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Clarity and Conciseness

One can be completely clear in a statement, yet convey the information incorrectly.  Clarity of statement is merely the vehicle for precision; the substance of the information itself is a separate matter.  The problem with the former is that, it is often mistaken for comprehension by the conveyor.

Rambling, convoluted run-on sentences (yes, we all should have taken note and paid attention during those early grammar lessons) may be perfectly understood by the writer of such garbled conceptual constructs; but it is always the targeted audience which must be kept in mind when one’s goal is clarity of thought.  As for the latter, the substantive information must be screened and streamlined; volume of information in any endeavor cannot replace succinctness and precision of thought.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, clarity and conciseness in preparing (especially) one’s Statement of Disability is crucial in attaining the success of one’s goal:  an approval of Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Volume of information should not replace a well-prepared, concise disability retirement packet; and lengthy narratives will not undo the meanderings of imprecise connections between one’s medical condition, the positional duties one engages in, and the nexus between the two.

Sincerely,

Robert R. McGill
OPM Medical Disability Attorney

 

Disability Retirement for Federal Government Employees: Beyond Rationality

In preparing, formulating, and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the goal is to compile and compose the “best possible” disability retirement packet.

Such a goal is a foundational one — that which is self-evident.  Indeed, to have a contrary goal is anathema to the entire administrative process.  Concluding that one has achieved that goal, however, leaves room for discretion.  Indeed, often the best that one can do is to accept those things which are outside of one’s control, and focus exclusively upon achieving excellence of that which is within the confined arena of what one can control.

Thus, for instance, to try and predict and preclude a denial at the First Stage of the process — while a goal which every attorney who practices Federal Disability Retirement law attempts to achieve — is almost an act of futility, because such an attempt inherently requires that the Office of Personnel Management systematically engages in a rational approach in deciding its cases.  On the contrary, much of what the Office of Personnel Management does is to “fill in the blanks” of a template.  Denial letters are mostly form letters which then have a concluding paragraph, which itself is often a formatted conclusion.  That is not to say that the evidence presented was not reviewed; rather, the evidence reviewed was determined to fit — or not fit — a template.

How does one counter that which is beyond rationality?  By focusing upon those things which are within one’s control — by compiling the best possible presentation, for the best will normally fit any template; unless, of course, the template itself is beyond rationality.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: The Larger Process

There is, of course, the limited process of issues impacting a Federal Disability Retirement application, whether under FERS or CSRS — of the actual paperwork; of obtaining and completing the forms which are required by the Office of Personnel Management, etc.

Then, there is the larger, more expansive issues which directly impact the Federal or Postal worker who is undergoing the multitude of life’s curve balls — the medical condition itself, along with enduring and attempting to overcome the symptoms; the reaction of the Agency to attendance problems, FMLA issues, PIP actions, potential (or actual) removal issues; OWCP issues which arise in the course of filing for Federal Disability Retirement benefits; suspension and adverse actions by the Agency; potential termination of health benefits; whether such health benefits will be reinstated after a Federal Disability Retirement application has been approved; and all of the ancillary issues which come up in the course of preparing, formulating and filing for Federal Disability Retirement benefits.

Then, there is the long wait in all phases of the application — in the preparatory stage; while in the hands of the Agency; then, even after it arrives at the Office of Personnel Management, there are multiple stages of waiting periods before a decision is finally made.

Can all of the questions concerning all of the multiple issues be answered and satisfactorily attended to?  Many of the questions, of course, are ancillary to a Federal Disability Retirement.  Not every question can be answered immediately; some must run its course and be allowed to resolve itself.

Throughout the more expansive process, the focus must be upon getting the Federal Disability Retirement application approved.  Otherwise, if the focus keeps getting sidetracked by the ancillary issues, the central issue will never be resolved.

Sincerely,

Robert R. McGill, Esquire