OPM Retirement for Mental or Physical Incapacity: Fear and trepidation

The first may lead to the second; the second, exacerbating the first, may establish a vicious cycle where fear is feeding the trepidation and the trepidation continues to exponentially increase the fear because non-action only expands the tension that grows without containment or restriction.  It is, indeed, a conundrum of paralysis; and the will to change, alter or modify necessitates action, but action cannot come before fear is vanquished and trepidation is overcome.

This is a dysfunctional society.  There is a lack of stability, and perhaps the instability is as a result of the greater freedoms and liberties enjoyed.  But where a culture and society are founded upon unfettered liberty, there must be some internal mechanism that contains the extent of choices offered and the pathways opened.

Once upon a time, ice cream flavors numbered within the fingers of a hand, or perhaps both hands; but once the Pandora’s box of alternatives was unleashed, the paralysis that follows betrays the fragile nature of a human psyche.  Fear and trepidation go hand-in-hand precisely because it is an insular, self-contained cycle of self-immolation feeding each upon the other.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition is beginning to prevent the Federal or Postal worker from performing one or more of the essential elements of his or her job, it is understandable that fear and trepidation continue to paralyze any movement away from a career that has been invested with such high costs.  The choices here, however, are limited. You can stay put; walk away and abandon; or file for Federal Disability Retirement benefits.  It is the last option which is normally the most viable, the most vibrant and the one to pursue because it protects and preserves the future security of one’s livelihood.

Do not let fear and trepidation paralyze and overwhelm; a consultation with an experienced attorney who specializes in Federal Disability Retirement law is often the first best step in moving forward.

Sincerely,

Robert R. McGill, Esquire

 

How much OPM Disability Retirement Pays?

“What will the benefit pay?”  That is often the primary concern of a Federal or Postal employee who must consider filing for Federal Disability Retirement benefits through the Federal Employees Retirement System (FERS), and it is certainly a valid first question.

The greater concern that cannot be overlooked, however, is the one that involves calculating the cost of NOT filing.  In the end, those Federal and Postal employees who must consider filing for Federal Disability Retirement benefits have three fundamental options: Stay put; resign and do nothing (or wait for termination/separation proceedings to occur, which amounts to the same thing); or file for Federal Disability Retirement benefits under FERS.

The benefit of a Federal Disability Retirement annuity is quite simply calculated as 60% of the average of one’s highest three consecutive years of service for the first year (offset by 100% of any Social Security Disability benefits received during the concurrent payments received) and 40% of the average every year thereafter (offset by 60% of any Social Security Disability payments received during those years), until age 62, at which point the Federal Disability annuity is recalculated as “regular retirement” based upon the total number of years of Federal Service, including the time that the disability retiree has been on Federal Disability Retirement.

Thus, the “greater” benefit in calculating the cost has to take into account the fact that one is actually “building up” one’s own retirement by the years one stays on disability retirement — for, those very years that you are receiving a disability retirement annuity count towards the total number of years of Federal Service when it is recalculated as “regular” retirement at the age of 62.

Yes, it is true that on the cost/benefit ledger that one should review before filing for Federal Disability Retirement benefits, you need to take into account the lesser income and the lengthy bureaucratic process that must be engaged, but you should also never forget what the originating basis for considering such filing compelled the consideration in the first place: Your health.

Calculating the cost of filing for Federal Disability Retirement benefits too often places the emphasis on what is lost — in terms of monetary gain and loss, etc.  But in calculating the cost of filing an effective Federal Disability Retirement application, to be submitted and considered to and by the U.S. Office of Personnel Management, the primary issue involves one’s deteriorating health and whether you can continue to remain in a job which has clearly become inconsistent with the medical conditions one is suffering from.

In the end, calculating the cost must go beyond the lessening of income; it must calculate the cost of one’s health, which is the single greatest asset one possesses.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: Epochal Dawns

There are those momentous events in life which we mark and memorialize; and, in the end, whether the cumulative bag of goodies amounts to a positive aggregate, or a negation of sorrows, we determine in the quietude of private thoughts.  Avoidance of future uncertainty is a talent wrought only by humans; for animals of other species, they cannot afford such luxuries, as survival in the here and now constitutes reality of future causality.

For us, there is today; tomorrow will take care of itself within the constructs of fear, angst and uncertainty; and as Heidegger would have it, the projects we savor are the ones which delay thoughts of tomorrow, death, and the certainty of extinction.

What are those epochal dawns?  For Federal employees and U.S. Postal Workers, whether under FERS, CSRS or CSRS Offset, it can include the advent of a medical condition.  In the beginning, in retrospect, perhaps it was of minor consequence; left as merely an afterthought, a nagging pain, or perhaps a singular moment of sudden urgency.  But the chronicity of life often parallels the longevity of a condition, and what was once a mere quibble may have turned into that momentous event.

Medical conditions belong in the bag of goodies set aside as “negatives”; and it may well lead to the necessity of considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Avoidance of the issue will not switch the bag of goodies from the negative to the positive; but once that decision is made to file an effective Federal Disability Retirement application, it is up to each Federal and Postal employee to determine whether the future course of events — that “hereafter” and “post-disability retirement life” — will mean that there is yet a future of positives, and not merely a reverberation of past negatives.

And what of that “epochal dawn”?  It remains so only if the event itself stays in a motionless rut of stagnation, like those old films of a dying carcass stuck in the mud of a scorching desert sky, where the vultures of a future abyss fly above, waiting for their pick of tenderloin.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: That Sudden Urgency

It happens all of the time in life; we leave things to fester, then suddenly the matter becomes important, then vital, creeps into a state of urgency, until it finally develops into a crisis.  The underlying impetus is based upon procrastination; the psychological explanation is deemed avoidance behavior, and the reality of experience merely recognizes it as the nature of human living.

We ask ourselves in wonderment, where did all of the intermediate phases dissipate to?  How did the incremental steps and half-steps in reaching this point of sudden urgency disappear unnoticed?  It is tantamount to children and puppies; that exuberance now gone, when yesterday they were seen with the innocence of youth and folly running through the field.  How does time suddenly evaporate and necessity emerge and develop into the here and now?  Is it mere hope of resolution, or laziness neglected upon a return of minimal investment?

Time was that once, in childhood years of visionary glories, we sought refuge in the calluses of existence where others took care and nurtured, and suddenly those “others” were no longer around, and growing up meant that responsibilities became our personal ownership, and we had to embrace those very things long neglected like faded photographs left discarded in the garden heaps of memories and fears, loathing and angst.

Medical conditions tend to be like that.  They are conditions of human existence which require attending to, and tending to like gardens left dying on vines of eternity; and suddenly it becomes clear that no one else really cares, but for self, family and the closest of friends.  For Federal employees and U.S. Postal workers who have suffered for many months, and perhaps years, because of a medical condition, such that the medical condition impacts the ability and capacity to perform all of the essential elements of one’s Federal or Postal job, there comes a day when the realization of reality suddenly comes upon us, and there is no more tomorrow, no room left for delay, and no time reserved for excuses.

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, is a long and arduous process involving multiple levels and stages of a bureaucratic morass, and it is this long and hard road of an administrative nightmare which must be dealt with when the sudden urgency of recognition and realization hits home.  And as home is where the heart and hearth are, so finding that restorative space of grace and fulfillment requires planning, deliberation, and a will to win, especially when dealing with a Federal agency such as OPM which views all medical conditions and Federal Disability Retirement applications with analytical suspicion.

Finding that it is suddenly necessary to file for Federal Disability Retirement benefits did not become an urgent state of being overnight; but through many nights and days of toil, it crept upon us like that unseen monster laying wait under the bed in the childhood fears of yesteryear, where protective mothers and fearless fathers long ago left for destinations still unknown, leaving the wide-eyed child of former days to fend for him or herself in this world of cavernous carnivores and restless winds of change.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Blowing in the Wind

Of course, the reference recognized unmasks the age or generation from whence one comes, and the formal wording without the apostrophe is to allow spellcheck a rest and curtail the red underline.  It is the 1962 Dylan song, representing questions unanswered, answers made complex by society, and sought-after refrains which defy conformity.

Where is the answer to be found, and what can the wind represent?  Can Cliffs Notes Study Guides provide for a true education?  Or like chimpanzees in a beauty contest besides kids of comparable intelligence, is it merely regurgitation of rote memory, or some semblance of sociological dementia?  As the wind is ungraspable, and embraces and engulfs voices shouting and demanding, so the questions asked and the answers given are as ephemeral as the shifting streams of consciousness.

Nature has a way of humbling, of letting us know that though we aspire to become angels who can fly with knowledge and necromancy, with waving wands and cauldrons of witch’s brew in feeble attempts of arrogance and self-puffing, the reality is that our knowledge is limited, our capacity for growth is stunted, and the self-imposed mediocrity we generally follow reflects the tiredness of a man’s soul.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition is beginning to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal positional duties, questions always abound, and answers sought are often disjointed and contradictory.

If there is an area of knowledge which needs to be precise, it is of “the law”, as people rely upon information certainty, and lack of knowledge and answers which blow in the wind merely confuse and confound.  The test of reliance should always be based upon a systematic history of sound judgment and accurate discourse.  Does the source provide reliable information?  Does it appear cogent, comprehensive and of common sense?

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, can be a daunting first step, for it means a change in one’s life, a step into another direction, and a leap of faith for an uncertain future.  There will always be questions to be answered, but one should never consider demanding answers to those queries via Dylan’s methodology of asking the shiftings winds of Nature, but by searching out a reliable source in this indeterminate universe of questions asked, and answers unforgiven.

Sincerely,

Robert R. McGill, Esquire