Federal & Postal Disability Retirement: The Qualifying Standard

What if a group of individuals gathered to compete in a race, of sorts, and trained, engaged in strenuous preparatory work and did all of the things necessary in order to “qualify”? They all gather on the agreed-upon date and, in customary athletic clothing, run a predetermined distance where 3 individuals out of ten cross a white line in sequential fashion. There is no doubt as to who the 3 “front runners” were. Yet, when the prizes are handed out, they are given to the 10th, 7th and 5th place runners. There is an understandable uproar. A protest is filed.

Umpires and referees gather (are there such people, or is that just in baseball, football, soccer and basketball?) and discuss the situation at length. Small, hand-held rule books are consulted and the audience sits in anguished silence as the outcome is debated in a deliberative fashion. Furrowed eyebrows are mashed in faces of concerned silence; the crowd that had gathered to witness the sporting event argue vociferously over the unfairness of it all; television crews have arrived, having been tipped off that a major scandal has been scented and the sharks have gathered for the afternoon kill.

No one notices that a little old man who has stood watching the entire spectacle with a peaceful, quiet calm has slowly made his way onto the platform where a microphone has been set up. He approaches the podium, adjusts the contraption and begins thus: “Ahem”. He pauses, waiting for everyone at the event to recognize the point from where the clearing of his throat originated, and continues on: “I am Mr. X; I organized this event. If you look at the last paragraph of the rules-book, it specifically states the following: ‘Mr. X is the sole determiner of the qualifying standard’. I am, as I said, Mr. X, and I determined that runners 5, 7 and 10 are the winners. End of story”. The little old man then turns around and walks back down, and away from the event.

Now, for Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition leads the Federal or Postal employee to file for Federal Disability Retirement benefits, this story may appear to parallel the manner in which the U.S. Office of Personnel Management acts: As a law unto itself.

Fortunately, they are not the sole arbiter of the qualifying standard and, instead, there is such a thing as “The Law”. In order to apply the law and force OPM to follow the true and only qualifying standard, however, it is necessary to “know” the law; and, in order to do that, it is best to consult with an attorney who specializes in Federal Disability Retirement Law. Otherwise, you might be subject to the same standard (or lack thereof) as the little old man who does what he wants on any given day depending on how he feels on that day, or in that moment.

Sincerely,

Robert R.McGill, Esquire

 

Disability Retirement under FERS: Adopting an Adaptive Plan

Most of us barely have one; and when we do, we quickly forget about it and move on, satisfied that —by the mere declaration of having one — we need not implement it or follow it rigorously beyond the mere possession of it.

The old Soviet Union (do we remember what the abbreviation, “U.S.S.R.” stood for?) had 5 and 10 year plans, and when the stated goals were not met, they simply cooked the books and declared that they were well ahead of the declared plans, and so the satellite nations under the rubric of the “Union of Soviet Socialist Republics” nodded its approval and genuflected to the Soviet Central Planning Committee (for, you couldn’t have a plan unless there were multiple committees to make those plans) and were grateful for the plans even though their populace were starving, despite the declared success of all of that planning.

Battlefield officers rely upon them; although, in recent years, because war is no longer fought by armies planning an attack upon other armies, the need for adopting an adaptive plan has become a survival necessity.  Life itself rarely follows a plan; most of the time, one’s day is consumed by just trying to survive.

When a medical condition hits us, of course, then all of the planning in the world — from a retrospective and myopic viewpoint — didn’t amount to much.  What is the plan, then, for a Federal or Postal employee who can no longer perform his or her job because of the medical conditions that prevent one from doing so?

The Federal Disability Retirement “plan” is to allow for a Federal or Postal employee to file for OPM Medical Retirement benefits under FERS, so that the Federal employee can medically retire, focus upon one’s health and still, hopefully, enter the workforce in the near or mid-future and continue to contribute, all the while receiving a disability retirement annuity.  Now, that sounds like adopting an adaptive plan where interruption of a life plan allows for some grace beyond lack of planning.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Appeal: Second Opportunities

In life, how often do we get a “second opportunity”?  To correct a past mistake; to avoid the consequences of an error committed; to rekindle a damaged relationship; and other acts of revitalized and redemptive scenarios rarely allowed.

Second opportunities, and the rare third ones, allow for erasures to be made, modifications to be incorporated and additional, corrective information to be inserted.  Of the following, what would one think? “Oh, a mistake was made in the contract which goes against you, but not to worry, go ahead and make the changes and we can sign everything again as if … “ Or: “Oh, your rich aunt disinherited you after you called her that horrible name and in a drunken rage knocked her over the head with vase, but not to worry, she forgives you and has placed you back in her will.”

Those are, to be sure, instances of second opportunities, but rarely to be had and more likely to occur in fictionalized accounts of redemptive fantasies otherwise unpublished because of their unlikely occurrences.

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, the “Second Opportunity” (and the “Third”) comes in the form of the Reconsideration Stage, and then an appeal to the U.S. Merit Systems Protection Board.

Don’t let such an opportunity for corrective action slip through the “proverbial fingers” by making the same mistake twice.  It is, at either the Reconsideration Stage or the appeal to the MSPB, an opportunity to fill in any gaps (whether merely perceived by OPM or substantively existing, it doesn’t really matter); and to reinforce any lack of medical evidence by having the opportunity to supplement, and even modify, statements made or omissions allowed.

Some OPM Disability Retirement cases may be weak in their very essence, whether because of lack of medical support or because of other reasons undefinable; other cases may simply need further development, explanation or supplemental evidence to “shore up” the unpersuasive peripheral issues that have appeared in the case.  Both the Reconsideration Stage, as well as the appeal to the U.S. Merit Systems Protection Board, open opportunities to resolve one’s case in one’s favor — by being granted the ultimate end and goal with an approval of one’s Federal Disability Retirement application.

The road to attain that goal, however, must sometimes travel through multiple doors and second opportunities, and that is how one should see the Second (Reconsideration) and Third (an appeal to the MSPB) Stages of the process in trying to get one’s OPM Disability Retirement application approved.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Responsibility

What is it about the ascription of such a word, that there can be a direct correlation or, if taken in a different context, some mere connection but no causality?  We can say of a person, “He is responsible for X”, and yet never have directly encountered X or (if a person) never even have met X.

Thus of monsters and thugs throughout history, for instance, we might say that “Stalin was responsible for 20 million deaths, at least,” or that Mao was “responsible” for a 100 million peasants dying during the late 50s; or, of course, of ascribing to Hitler the countless millions; and, so that we don’t leave out other “responsible” monsters of history, of Pol Pot, Idi Amin and many others besides, though we cannot link a causality that would pass Hume’s skeptical test of anything more than events following one upon another, we nevertheless accept that all such political figures were “responsible” for the deaths of millions.

What is the criteria in coming to such a conclusion?  Is it a negative proposition — that if X had the power or position to prevent such events from occurring, then Responsibility-Y can be ascribed?  Or must it be a positive declaration: If X engaged in Acts A, B and C, then Responsibility-Y can be attributable to Individual-W; and further, if only Acts A & B, but not C, then less so; and if only Act A, but not B & C, even less so?

Responsibility”, of course, is a malleable and transitive concept; it can change with the contextual winds of opinion, historical perspective and a cultural shift of viewpoints.  Look at how we approach our Founding Fathers — of responsibility for the slave issue in the United States, but somehow excusing each if (A) any one of them willed that they would be freed upon their deaths, (B) that one was “personally” against the issue but for economic, practical reasons were “forced” to go along or (C) they treated them “kindly” and “responsibly” (here, we have a double-meaning of the term, for such an individual was both “responsible” as well as being ascribed the “responsibility” of being a slave owner).

Or, look at the manner in which America treated Native Americans — of a genocidal history no less cruel than Mao’s starvation of the peasantry; and yet, because of such grand concepts as “manifest destiny” and the depiction of an entire populace as “uncivilized”, we can avert “responsibility” by distancing the causal agents; and the greater distance between the agents, the less we ascribe responsibility.

On a lesser scale, what about work?  If work suffers and there is no reason for it but laziness and lack of attention, we ascribe “responsibility”.  But what if a medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s positional duties — is that Federal or Postal employee “responsible”?

The short answer is a “no” — and that is recognized by “the Law”, in statutes, regulations and case-laws cumulatively aggregated under the conceptual aegis of “Federal Disability Retirement Law”.  It is precisely because society recognizes that a medical condition itself — and not the individual — is directly responsible for one’s inability to perform one or more of the essential elements of one’s positional duties, that Federal disability retirement exists as a benefit to pursue.

But it cannot be accessed until and unless there is an affirmative step taken by the Federal or Postal employee, by preparing, formulating and filing an effective Federal Disability Retirement application, filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  That is where “responsibility” comes into play as a direct causal link — of initiating the steps and actually filing.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement under FERS & CSRS: That carefree child

Whatever happened to him or her?  That child who would shrug the shoulders, move on to the next thing and be free of worry or concerns.  “Carefree” is not a synonym for “careless”, or even of “uncaring”; rather, it is the capacity and ability to maneuver throughout this complex universe without allowing for life’s burdens to weigh upon one so heavily that past events prevent future actions of progress and advancement.

That child that is now lost was caring; he or she was also careful in every endeavor, every project and helpful in many ways; yet, that same child was known to be carefree.  Where is that child, now?  What happened such that life interrupted, anxieties developed and stresses multiplied?  Does that same child – now a hunk of an adult sitting in the corner somewhere – stay up at nights worrying about tomorrow, “stressed out” about the next day, paralyzed with panic about the future?

Often, the troubles we face within the confines of our own minds are greater in horror and imagined size, than the reality that is actually to occur.  Depression, anxiety, panic attacks, bipolar spectrums of manic and depressive phases, coupled with suicidal ideations, agoraphobia and other psychiatric diagnoses – these can comprise the lost paths of a child who is no longer carefree, but has grown into adulthood and experiences the commonality of society’s growing problems, exponentially expanded because the rest of society has indeed become uncaring and careless in its treatment of that child who was once carefree.

If that once-carefree child has become a Federal or Postal employee who is suffering now from the cares of the world, and the medical condition no longer allows for the Federal or Postal employee to perform all of the essential elements of the Federal or Postal job, it may be time to consider 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.

Filing for Federal Disability Retirement benefits will not be the solution to all of life’s problems, but it can at least begin to pave a path towards “coming home” to a time that we remember, when that carefree child walked about with less of a burden and more of a smile.  Federal Disability Retirement is meant to do that – to allow for the Federal or Postal worker to focus back upon one’s health and well-being and not become burdened with the stresses of work and performance, where love is anything but unconditional and the summer days of tomorrow may still have some warm moments to enjoy.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement for Federal Employees: Illness

It is the pause button rendered by the universe, often without warning, without invitation and unwelcomed by all.  Is it the gods laughing in the heavenly seclusion, as wanton children playing with the mortality of souls unrequited, as matches in the hands of mischievous hearts undisciplined by law, life or empathy?

Then comes the triteness of wisdom, yet true but too late: “Oh, what a blessing health is”; “Is there a lesson to be learned?”; “Why me?”.  Is this the crisis of life that is merely an obstacle to overcome, or the long road towards a progressive decline where mortality is not just tested, but revealed as the weak link in the proverbial chain of man-to-gods-to the theology of our own creation?

Illness comes like that unwitting thief in the dead of night, but unlike the burglar who tries to remain silent but for creaking floors and unoiled passageways, it comes without concern for being revealed.  Does the universe test – or remain impervious like Aristotle’s Unmoved Mover, where perfection attracts all towards its essence and destroys everything that attempts to escape?  Who determines the criteria of such a test?  What constitutes a “passing grade” as opposed to a failure in its mere attempt?  Is the evaluation contained within the strength of one’s own character, and what results in a declaration of “success” as opposed to the failure of everyday lives?

If it is truly a test of character, then Federal employees and U.S. Postal workers certainly get enough of it to collectively get a passing grade.  Yes, fortunately, there is the option of filing a Federal Disability Retirement application, but for almost all Federal employees and U.S. Postal workers, the reality is that such a step is the last option chosen.

It is not so much that the benefit reaped from a Federal Disability Retirement is so miserly as to not make it worthwhile; no, to a great extent, the annuity of 60% of the average of one’s highest three consecutive years of pay, then 40% every year thereafter until recalculation at age 62 is generous enough to survive upon, especially when the alternative is to remain and kill oneself, resign and walk away with nothing, or file for Federal Disability Retirement benefits; and, in conjunction with the ability to go out into the private sector and be able to make (on top of the Federal Disability Retirement annuity) up to 80% of what one’s former position currently pays – it can lead to an acceptable level of financial security.

Ultimately, however, it is a truism that Federal employees and U.S. Postal workers wait until the final possible moment before making the decision to file a Federal Disability Retirement, often allowing the illness to debilitate beyond the point of reasonable acceptance.  That, in and of itself, is a character test, and one that makes the illness itself of secondary concern, when one’s health should be given the highest priority, lest we allow the gods of wanton carelessness to have the last laugh.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Law: The voice of constructive criticism

It is rare for the individual to accept constructive criticism; rarer still, to invite and welcome it in any form, whether destructive, constructive or otherwise characterized as “positive”, “negative” or “neutral”.  The fact is that few of us accept any form of it at all, and quickly respond with the rebuttal:  “It’s not constructive”.  But why does it need to be?

Such a reaction assumes an inherent distinction that merely and preemptively places an obstacle to further engagement.  It may well be that, in the end, one can conclude as to the resultant characterization initially presumed, and perhaps even to attribute bad faith, unhelpful motivations and intended cuts.  But all of that should come at the end of the deliberative process, and not as the beginning firewall to prevent further discussion and consideration.

For some reason, the evolution of man has embraced the societal need to spend an exorbitant amount of time defending justifying, counterpunching and placing linguistic walls of protective measures in order to preserve the superficial appearances that we all deny we revere.  The irony of Western Philosophy is that, despite questions repetitively and exhaustively presented – with never any conclusive and satisfactory answers ever provided (like children and their eyes bulging with curiosity in a toy store) – the query never ends and the answers are forever avoided.

This age of modernity, however, has a new wrinkle:  as traditional philosophy has been relegated to insignificance and irrelevance by reducing it as a matter of language games and confusion in our thought-processes, so now the “new” approach is to avoid any substantive questions (and therefore any curiosity to have the answers) and, instead, to preserve and protect our superficial lives and appearances.

The beginning of Western Philosophy warned of this – from Parmenides and Heraclitus, and with the entrance of that irritant vagabond Socrates as related to us through the Platonic Dialogues – “appearances” were to be queried and investigated in order to get to the foundation of Being.  Now, we avoid even the appearance of superficiality in order to protect how shallow we are, and we do this by preemptively and viciously attacking the mere question in order to avoid any criticism at all.  This can obviously have dangerous consequences.

For Federal employees and U.S. Postal workers who want to consider preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the key to submitting a “winning” Federal Disability Retirement application is in being open to self-criticism, whether constructive, destructive or otherwise neutral.

Vigilance in life is always the key, and refining, streamlining and formulating an effective Federal Disability Retirement application should go through a rigorous “vetting” process, such that the questions of Socrates through his dialectical methodology of getting to the “truth” should never be subverted.

Sincerely,

Robert R. McGill, Esquire