Attorney Representation OPM Disability Retirement: Thinking it through

What does the concept even mean?  When we guide the child with such a statement, we are asking that the formative years of impulsive reactivity pause for a moment to try a different approach.

“Think it through” – is an admonition to figure out the tangled web of problems by applying a sequential, logical methodology where frustration should not impede, and when patience becomes the friend of success.

“Thinking it through” is a reminder that there is indeed a solution, but sometimes the problem will only be sorted out if some further time is given in reflective pose, or Sherlock Holmes-like investigative intuition based upon the scientific paradigms of rationality.  Yet, one must also be reminded of the fact that “solutions” to problems do not always lead to satisfactory conclusions; sometimes, there are a finite set of alternatives, and no one of them may be an option that one delights in.

But, then, life is often like that, isn’t it?

We are beset and faced with a challenge; we review them, thinking each one through, and in the end, we face a dilemma where the solutions offered or revealed are not necessarily the ones we like; nevertheless, we must choose, like entering into an ice cream parlor at the end of a summer’s day only to find that all of the favorite flavors are gone and we are left with rhubarb spice and cotton-candy mixed with peanut butter drops – somehow, not the best of combinations and understandably left for those who came too late.

Then, of course, there are the questions for everyone who posits the answers as “thinking it through” – does the person have the sufficient knowledge and preparatory tools to actually figure out the problem?  Or, are there necessary pre-performance insights that must be gathered first, before the proverbial “key” can be used to solve the problem?

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 positional duties, the question of “whether” to file for Federal Disability Retirement benefits is best left to the Federal or Postal employee who recognizes the wisdom of the incompatibility between the Federal or Postal job and the medical conditions suffered.

It is only the “how” to file that needs some “preparatory” work and knowledge; for, that part of it involves the law, the regulatory morass and the bureaucratic complexity of submitting the Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

For the latter, “thinking it through” may not be possible without the insight and knowledge of a Federal Disability Retirement attorney who specializes in that field of law exclusively.

Sincerely,

Robert R. McGill, Esquire

 

Early Medical Retirement for Federal Employees under FERS or CSRS: The Big 3

In basketball, it referred to the unstoppable trio; although, with the recent addition of Durant, it becomes a crowded foursome.  In baseball, of course, with whatever home team you rooted for, the term represented the first three in the lineup, with the fourth allegedly reflecting that force who would bring the spectators up onto their feet for that anticipated grand slam.  And in the third major sport?  It might refer to the quarterback and his 2 favorite receivers, or the bookends on defense with a linebacker thrown in.

Americans love triplets; whether in sports, where a fourth can never quite squeeze in despite there being nature’s four seasons; or in government institutions, where the three branches of government remain ensconced in the conscience of a collective citizenry, despite the need for that ineffective fourth estate which is meant to oversee and investigate.

In other areas, of course, the reference to “the Big 3” may be somewhat esoteric — as in the realm of hermeneutics, where the dominant theologians were once comprised of Barth, Bultmann and Bonhoeffer.  They could, by alliteration, be collectively grouped as “the 3 Bs”, but because of their relative lack of media anonymity and disparate connections, except for their European origins and the combined deconstructionism based upon dialectical theology and demythologization of the sacred text, here again we find a triad of untold force.  Of course, they never played on a basketball team, nor represented a cycle of sports spectatorship; instead, their impact was to alter the manner in which theology was approached.

Only one of them — Bonhoeffer — was executed; but not directly for his liberal theology, but for his staunch vocalism against the Nazi regime and an alleged involvement in a thwarted plot to assassinate Hitler.  In these days, history rarely marks the ghosts of those who never received the accolades of media notoriety, and “The Big 3” almost always engenders reactions to sports references.  But there are other arenas of substantive discourse, as well.

In Federal Disability Retirement law, “The Big 3” would invoke the tripod of the Federal Retirement System — of the FERS Retirement, Social Security benefits, and the Thrift Savings Plan, and the interplay between the trio.  The first in the three can be “tapped into” early, by filing a Federal Disability Retirement application, which pays 60% of the average of one’s highest-3 consecutive years of service, then 40% every year thereafter, until age 62, at which point the Federal Disability annuity gets recalculated into a “regular” retirement.

Of the second, there is an interplay and an offsetting feature between Social Security and FERS Disability Retirement, but only if the Federal or Postal employee becomes concurrently qualified with both FERS Disability Retirement and Social Security Disability Insurance.  As for the third rail — the Thrift Savings Plan — it can remain in the same investment device after a FERS disability retirement is approved, but should probably not be accessed until a later age, for obvious tax reasons.

Throughout history, words have been elastic and malleable, but relevance is often determined not by the substantive meaning of a staid concept, but by the perspective of the audience.  With that in mind, “The Big 3” isn’t always about LeBron James and what other 2 players he may be joined up with; sometimes, it can refer to Barth, Bultmann and Bonhoeffer, or even to the triumvirate of a FERS Disability Retirement.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement System under FERS or CSRS: The footnote

Who reads them, anymore?  Defined as an ancillary or corollary piece of information beyond that which is stated in the body of the main text, the footnote represents that which reflects an addendum and not something that is considered “required reading”, but more likely for the benefit of those who enjoy quixotic minutiae and esoteric details of irrelevant import.*  As referenced in history, one who is relegated to the afterthought failed to reach the first order of things, and their lack of relevance is reflected by banishment to the bottom of the page.

Before computers were invented, long before the notion of “cut and paste” defined the laziness of intellectual prowess, the writer had to engage in prescient forethought, and calculate by measured deliberation the space to leave, the length of the footnote, and whether there was enough white-out left in the crusted bottle to make up for any lack of proper preparation.

The pretentiousness of the pseudo-intellectual, of course, was to have footnotes of greater length than the body of the text itself, spanning multiple pages so that the reader would become confused as to what constituted relevance in contrast to signification of purpose, where some pages barely had a sentence with but a horizontal mark demarcating the onerous esoterica of erudite irrelevancy.  And the worst, of course, is when a teacher or professor would ask a test question based upon one; for, again, the common refrain was twofold:  Who reads them?  Were we required to read them?  And the scoffing retort from the test-giver — that god amongst gods who held grades, fate and future plans in the palm of a single hand: If it was in the assigned material, it was “required reading”.

Much later, of course, we came to realize that “it was really good for us to read them” (though we never really believed such inane confessions), or to our own children, “When I was your age, and computers weren’t yet invented…” (with but a reactive facial expression beyond capacity to translate).  In the end (literally and figuratively), we all realize that the footnote itself represents mere distractions upon an otherwise ordered pagination of an author’s meanderings, and for ourselves, that they reflect a metaphor of who we are.

Most of us are treated as mere footnotes, left unnoticed, disregarded except for occasional reference by accident or happenstance.  For the Federal employee or U.S. Postal worker who has come to a point in his or her career, where a medical condition has progressed to a deteriorating consensus of requiring an alternative plan of action, being treated as a footnote within a subtext of irrelevancy amongst a sea of bureaucratic inefficiency, is likely a feeling of growing concern.

As footnotes are deliberately disregarded, so the majority of people are like those masses of addendum relegated to unnoticed details of sub-citizenship.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management will often elevate one’s status and stature for a time, if only because the Agency or U.S. Postal Service is suddenly forced to read the footnote, and take notice of the subtext; but beyond that, it is the medical condition itself which relegates the Federal or Postal employee to that numbering at the bottom of the page and left to irrelevancy, precisely because you are not one of the “productive” ones.

How does one force the “outside world” to “read” you?

In the end, there is life beyond a career with the Federal Agency or the U.S. Postal Service, and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is merely a first step in getting beyond being relegated to a mere footnote.

As with those generals who served alongside Eisenhower, Grant, Lee and forgotten Roman centurions, most of us are mere footnotes, and glad of it for the unnoticed joys we can embrace in the anonymity of our privacy, and for the Federal or Postal worker who wants to get beyond the notoriety accompanying that unwanted attention for merely having a medical condition — and thus temporarily assigned to the body of the “main text” for being a nuisance — preparing, formulating and filing an effective Federal Disability Retirement application with OPM is often the first step towards asserting one’s rights to getting back to the footnote of time and timelessness, where most of us want to remain, in the cocoon of irrelevancy and historical afterthoughts.

 


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*Footnote 1:  Just to make sure; otherwise, refer to page 3,275 herein, where you will be required to obtain a special password and key in order to access a pseudo-intellectual forum of erudition within an ivory tower of confounding thoughts, for further reference to important commentaries otherwise pretentiously inserted in order to appear intelligently cogent.

 

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The lethargic state of tacit acceptance

Life has a way of beating down.  Whether it is from the constant drudgery of daily responsibilities, or perhaps the overwhelming bombardment of the harsh technological stimuli foreign yet to the still evolutionary sensibilities of nature’s slow progression for adaptability; the human body, mind and soul, while possessing a capacity for resistance greater than many other species, nevertheless is contained by limits of restrictive mechanisms tested daily beyond the tolerance of allowable endurance.

It is often said that time and age will take care of any youthful idealism; for, as cynicism is the property of the older generation, folly is the playground of the younger.  Falls resulting in laughter, as opposed to empathy; tears paused by applause, as want of sympathy; but as we grow up on morsels of victorious tales from mythology and storytellings from the warmth of loved ones, that security which we were once wrapped in quickly becomes a tattered shawl unable to conceal the victimhood which haunts our inner soul.

Acceptance of one’s plight has been, throughout man’s history, the basis for longevity and survival; and the quietude of a tortured soul, nowadays, may result in a bloodletting untold in former times for their atrocity and ferocity for purposeless mayhem.

It is that lethargic state of tacit acceptance which we always have to battle against; for, we know not when that moment of quantified bevy reaches the point of no return and the boiling level of overflow; and, for each of us, the threshold of that which constitutes “enough is enough” is variable, as the genetic predisposition for an explosive overflow depends upon birth, character, and the historicity of experiential phenomena which all of us carry within as the baggage which is unseen but which exudes like gangrene and spoiled milk wreaks of a rotting soul.

For Federal employees and U.S. Postal workers who have reached that point of despondency, where a medical condition has prevented the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal positional duties at the Federal agency or the U.S. Postal Service, the time may have come, already passed, or may be nearing, when the liveliness of the inner psyche once running barefoot through the pasture of timeless childhood memories has transformed into the mummy-like vestige of what once was, and now in danger of a metamorphosis into the lethargic state of tacit acceptance.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management may not always seem like a “positive step”, and may have the appearance of stoppage, cessation or even a terminal conclusion pausing forward progress; but in the end, it is the health of the body, mind and soul which should dictate the priority of one’s actions, and not a career which will go on in the bureaucracy of the Federal agency or the U.S. Postal worker, whether that rotting essence lives on for a more hopeful tomorrow, or remains quietly rotting in a lethargic state of tacit acceptance.

Sincerely,

Robert R. McGill, Esquire