OPM Medical Retirement: The peril of procrastination

Time is considered to be a continuum; it remains throughout, and except for artificial slicing imposed by seasons or bifurcations recognized by night and day, sunlight or darkness, or other natural categorizations which creep beyond our calendars, “time” remains a rhythmic cycle barely noticed until deadlines scream to be met and the ageless alarm clock suddenly awakens.

Noticed when the hands on a clock move; of the hour hand, slowly and with slumbering care; of the minute hand, more deliberatively; and of the second hand that ticks away while we watch time pass by.

In this digital era, time refuses to “march on” as the metaphor once informed us, and instead stares silently through the redness of a glaring, impassive face.  Waiting makes for awareness of passing; waiting in line to get into this or that establishment; waiting in a doctor’s office; waiting for a train; or do we just wait because there is nothing left to do?

Procrastination is a form of waiting, except we put the proverbial cart before the horse: Instead of waiting for the allotted time or event to occur, we wait for its non-occurrence, then rush to complete the non-occurrence before the expiration of the allotted time.

Certain events make for pleasantry of time — as in being with others you enjoy; performing a deed of delight; or merely resting, relaxing, engaging in activities of mirth; while others extend the laborious into an unbearable anguish of unending torment — of pain, unwanted relations and uninvited calamities.

For Federal employees and U.S. Postal workers who suffer 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 one’s Federal or Postal job, time can become an enemy if one fails to foresee the peril of procrastination.  At some point — and often, early on — it becomes obvious that filing for Federal Disability Retirement under FERS, through the U.S. Office of Personnel Management, becomes a necessity.

Trying to qualify for OPM Disability Retirement benefits is a long and complex administrative process, and delaying that which one knows must be done is not merely the peril of procrastination, but an exacerbation and potential worsening of circumstances that may already require your attention today, if not yesterday or the day before.

For, in the end, it is not procrastination itself which creates the peril — rather, it is the peril of the medical condition left to time and its progressive deterioration — and that is why procrastinating can itself be avoided by consulting today, without delay, with an attorney who specializes in the the proper preparation, formulation and filing of an effective Federal Disability Retirement application.

Now, as for that chore that was left for tomorrow…

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: The avoidance factor

When does avoidance become a problem?  Say you found out something about a close friend or neighbor — an embarrassing fact, a hidden truth or perhaps a juicy tidbit of revelations that could topple a friendship or marriage — and your self-guiding principle of being honest and forthright scares you into believing that, were you to encounter the person, you fear that either your demeanor will reveal that hidden secret, or you may be a person who cannot control your emotions and you believe that you may blurt out the secret and damage, ruin or perhaps even end the relationship altogether.

Or, maybe you avoid something simply because you dislike doing it, or fear the consequences of finding out the truth, or even disregard knowing that if you seek it and find it, the discovery itself would merely confirm the fears of life’s travails that you believe are better left alone.

What we don’t know, we can deal with; that which, once uncovered, revealed and brought out into the open, we suddenly realize is a certainty that cannot be avoided.  Is work becoming that way?  Are coworkers likewise avoiding you, and you them, with eyes averted, speaking about the weather, the last sports extravaganza, how the Orioles never seem to make the final push or whether money ruins the equality of teams, etc.?

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of the Federal or Postal job, the issue of the avoidance factor looms large.

Everyone begins to avoid the obvious — that you have a medical condition; that your medical condition impacts, impedes and prevents you from performing all of the essential elements of your job; that, perhaps, even your own doctor has already hinted at the truth of your medical condition — that you should likely seek a change of career; that the ceiling of sympathy has been reached, already, and your agency has begun to grumble about termination proceedings; and many other indicators, besides, that showing what everyone is avoiding is actually just a confirmation of the elements needed to prove a Federal Disability Retirement case; it’s just that everyone has been avoiding the obvious.

For, in the end, the proof of a Federal Disability Retirement case is likely already in existence in the very avoidance factor that you and everyone else has been tiptoeing around, and it is precisely the avoidance factor that makes of certainty the issue itself: Now is the time, and not tomorrow; today is the first step that needs to be taken, and not some obscure time down the road, and the avoidance factor that leaves everyone in the dark is like the hidden secret that everyone knows about but believes that he or she is the only one with the truth that, actually, everyone already knew.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Lawyer: Life’s Series of Decisions

As activity is the fingerprint of life, and inertia denotes death (or at least a somnolence of sluggishness), so the parallelism between thought and life follows the logic of movement versus progressive decomposition.  Thinking, according to Aristotelian tradition, constitutes the essence of human-ness.  Other species may have characteristics which define and distinguish; for the human animal, it is the process of thinking, or thought-engagement, which differentiates and identifies by uniqueness of quality.  Part of that cognitive process involves decision-making.

For all species, this cannot be the essence of being, because such a principle applies to every genus, lest we conclude that determinism is ingrained in one’s DNA.  Predators must decide when and upon what the advantage of a chase will result; frogs must affirmatively choose when to snap that elongated tongue in the split second of time to satisfy its appetite; and men and women must resolve issues short of confrontations engaged in a prior state of nature, to confirm that civilization is indeed a progression of culture and sophistication, and not based upon brute force.

The underlying principles, then, which distinguishes human decision-making from other species, must be some other component; perhaps that of the formulation of a paradigmatic criteria upon which an option is considered.

In the process of thoughtful decision-making, what criteria do we apply?  For Federal employees and U.S. Postal workers who are considering filing for Federal Employee Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, the criteria-based paradigm of choice-making may be limited:  You can remain within the inertia of present circumstances; you can walk away in order to “save” your health, while also partly engaging in the first option (i.e., change into the inertia of a different set of circumstances); or, you can file for Federal OPM Disability Retirement benefits.

If the third alternative is the one opted for, then a series of additional questions and answers must be posed and resolved:  How many years of Federal Service; how long will the process take; what are the chances of success; will my doctor support me in this endeavor; and multiple other queries.  For some of these, further research and investigation will provide the answers; for others, seeking legal counsel, expert advice and general wisdom of experience will be helpful.

In the end, inertia should be disengaged, as lifelessness should never define the essence of a living being; and the thoughtless void which modern society and technological dominance tends to cower us all into, should be pushed back and resisted, like the days of yore of Masada and other uprisings which manifest the destiny of humanity, that life on any planet, Mars or Earth, is indeed a rarity even among a plenitude of apparent activity.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Long Goodbye

The relegation to the basement office; the loss of niceties with coworkers; the negation of superlatives from higher ups; the clues become overt, blatant and uninviting.  Long goodbyes are often fertile ground for the souring of relationships forged over decades, and human interactions which reveal a perversity once thought uncommon.  Does the past count for anything, anymore?

Medical conditions and their impact are meant to evoke empathetic responses; instead, they often bring out the worst in humanity.  For Federal agencies and the U.S. Postal Service, they portend of headaches and interruption of efficiency; they are a bother.  For the Federal employee and the U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to prevent one from performing one or more of the essential elements of one’s positional duties, the growing absences, the need to attend to one’s medical conditions — all become the priority of life and living.

From the agency’s viewpoint, it is a malignancy of logistical magnitude; another problem to be solved; and the longer the goodbye, the greater the extenuating interruption.  It is this clash of interests which calls for resolution.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, is an indicator to the agency that there is an end in sight, and once filed, it is merely a waiting game before finality of decisions is reached.  Often, the mere filing relieves the increasing pressure felt, like the encasement of boiling water which needs an outlet.

Medical conditions often require a long journey of sorts; it is the long goodbye which makes it all the more evident.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney: Social Justice

Concurrent litigation entanglements occur often enough; if one has the capacity and ability to compartmentalize life, such multi-adversarial offensives can be effectively coordinated.  At the same time, however, it is important to recognize the folly of spreading oneself too thin; history confirms the defeats suffered at the principle of too much, too soon, as in Germany’s incursion on the Eastern Front while taking on North Africa and the entrance of the United States into a reluctant war.

Strategies of logistical considerations, as well as pragmatic considerations of finances, must always be a factor; thus, for Federal employees and U.S. Postal workers who face a future with an ongoing medical condition which prevents one from performing one or more of the essential elements of one’s job, consideration should be given to concurrent filings.

If an injury or medical condition is “work-related“, there is nothing wrong with filing for OWCP/DOL benefits, while at the same time filing for OPM Federal Disability Retirement benefits.  If both are approved, the Federal or Postal employee has the option of choosing to activate one, and allowing the other to be approved but remain passive.

Filing for Social Security Disability benefits, for those Federal and Postal employees under FERS, is a mandatory requirement during the process of filing for OPM Disability Retirement, anyway, so obviously the concurrent nature of filing is a necessary given.

When considering more far-reaching litigation entanglements, however, such as filing an EEOC Complaint potentially leading to a trial in the Federal Courts, pause should be given, if only because of the statistical disadvantage and high cost of such litigation.  A 2009 WSJ Article found that EEO discrimination lawsuits fared worst in statistical analysis in wins-to-losses ratio, and more recent studies do not provide greater encouragement.

While the recent focus upon the Pao v. Kleiner Perkins case would seem to highlight such statistical disadvantage, at the same time, one must recognize that the particular court case was a gender discrimination case filed and tried in state court, not in Federal Court, and each case reflects the complexity of the uniqueness of a particular set of facts.

The point here, however, is that while statistical analysis certainly can be skewed based upon a multiplicity of complex factors, for Federal and Postal employees who are considering filing for Federal Disability Retirement benefits, a pragmatic assessment should be made which asks, at a minimum, the following:  Do I want to be involved in a protracted litigation with my supervisors, agency and coworkers?  What is the purpose of my filing for Federal Disability Retirement?  Is the cost-to-benefit analysis sufficient in justifying litigation?  What is my definition of “Social Justice”?

For Federal and Postal employees, filing for, and obtaining, Federal Disability Retirement benefits is a practical exit from one compartmentalized stage of life; there is awaiting the next stage, of which Shakespeare reminds us all.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Law: Agency Adverse Actions

Calamities coalesce in concurrent coordinated couplings; often enough in life, when one action is engaged, another follows in reactive reflection.

For the Federal employee or U.S. Postal worker who has a medical condition, such that the medical condition impacts one or more of the essential elements of one’s job, the necessity to, or mere hint of 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, CSRS or CSRS Offset, often invokes a concurrent action on the part of the agency.

Whether such actions are mere coincidences (unlikely); retaliatory (a good chance); or deliberatively intentional (often enough) is anyone’s guess.  Trying to figure out the underlying motivation of agencies is merely a waste of one’s valuable time; what to do with the agency’s adverse actions, is the more productive approach to embrace.

The argument that finds some precedence for OPM in arguing against a Federal Disability Retirement case, is that somehow the Federal Disability Retirement application was merely a pretense to avoid termination, and thus is somehow invalidated.  But, in fact, the reverse can be argued as well:  Because of the medical condition, the agency’s adverse actions reflect the poor performance, the excessive taking of SL, LWOP, etc., and irrefutably confirms the validity of the Federal Disability Retirement filing.

What the agency’s adverse action states; how it is characterized; what surrounding correspondence exists; and the extent of one’s medical documentation around the time of the agency’s actions, and prior to, are all important components in preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Law Blog: The Trifecta

The bet must be precise.   Thus, it needs to be based upon extensive research, a knowledge of each of the elements, the circumstances surrounding the process; the quality of the expected environment; whether intersecting conditions will interrupt or influence; what other unforeseen confluence of intercessions may develop.  The finishers must be predicted in sequential order.  The trifecta is therefore a management of time, knowledge, expertise and sprinkled with a bit of luck extracted from the cauldron of a witch’s brew.

Federal Disability Retirement is somewhat akin to the trifecta.  Extensive research, a knowledge of the elements to be proposed, and a delineation based upon the compilation of another trifecta — the medical evidence; the statement of disability; and the legal argumentation — must be brought together into a confluence of coordinated and comprehensive consolidation of cogency.

Preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset, however, should not be based upon a spurious bet.  And, unlike the trifecta, a semblance of certainty should enter into the equation, such that the sequence of delineated data should compel the OPM reviewer to declare unequivocally and with unconcerned eloquence, “Of course!’ — and grant an immediate approval of the Federal OPM Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire