OPM Retirement for Mental or Physical Incapacity: Challenges

Throughout life, they are always there — some, we take up; others, we ignore; and still others, we consider and perhaps avoid, and sometimes leave with the regret that not having taken the challenge may have left an empty void within our souls, but we will never know.  Some challenges we create; others, they just come along without even asking; and still others, it just appears that circumstances coalesce beyond our control and they just appear out of nowhere, neither asked for nor necessarily desired.

Health challenges are an inevitability.  Yes, there is the rare one who lives to be a 103, never was sick in a day of his or her life, and suddenly dies while doing an activity which was enjoyed throughout one’s life; or of those women in Siberia or some other exotically barren land who made and ate their own yoghurt or remained throughout on some other healthy diet because the environment left them no other choice, and somehow avoided the ravages of illness, fast-food restaurants, greasy cheeseburgers, French fries that were marinated and cooked in engine oil, traumatic injury or other deteriorating health conditions that could not be attributed to anything but a lifetime of a particular lifestyle choice.

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 challenges are many: Continuation of a career or not?  Enduring of harassment for taking too much SL or LWOP, or surviving the PIP?  Possible termination to be faced in the near future?

And the ultimate challenge: Preparing, formulating and filing an effective 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 — now that is a challenge for the ages, given the complex nature of the administrative process called “Federal Disability Retirement”.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Nascent knowledge

At what point does nascence become a maturity of device?  Is it linear time, or merely to exist within a pendulum of boredom where thoughts have moved on to other matters?  Youth, in general, is expected to engage in folly; but of nascent knowledge, where the appended concept of the latter connotes an established fact, a truism tested, and a hypothesis verified – but yet to be tested by time-worn principles and assimilated into the cauldron of society’s greater mixture of things working, defects allowable, and warts acknowledged as harmless.

For, newness itself should not be a basis for permanency of status, and as knowledge cannot be verified until tested, so nascent knowledge is the dangerous of all because it combines the defiance of dual categories:  Because it is new, it has not yet been tested; because it is “knowledge” unassimilated within the paradigms of commensurability like tectonic plates shifting to see what fits and what cannot be accommodated, so the lack of verification makes it that much more suspect.  Yet, we celebrate nascent knowledge “as if” the preceding announcement itself is as exciting as the introduction of a product advertised.

Don’t you miss those days of gangsters and badlands, when cell phones and close circuitry of images were missing, such that the detectives had to actually pursue the criminals?  Now, much of criminal investigation is reviewing of forensic evidence, and avoidance of conviction entails attacking the science of DNA analysis and the credentials of scientific application.

We have allowed for leaps and bounds over pauses of reflection, and never can we expect someone to evaluate and analyze an innovation and declare, “No, it just isn’t going to fit into the greater paradigm of our society”.  Why is that?  Is it because all souls are up for sale, and anything and everything that is deemed “new” becomes by definition that which is desirable and acceptable?  Or, is it merely a matter of economics, that the survival of a company or product is based upon the announcement of a more recent version, and vintage of merchandise is left for those with nostalgic tendencies, old fogies who lack the vibrancy of youth and the cult of newness?  That is, of course, where law and society clash; for, in law, the reliance upon constancy and precedent of legal opinions weigh heavily upon the judgment of current and future cases.

For the Federal employee or U.S. Postal worker who needs to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, the acceptance of nascent knowledge should include the medical condition, the current circumstances, and the present impact upon the Federal or Postal employee’s job elements.  But as to nascent knowledge involving cases past and statutory interpretations of yore?

Those are the very basis upon which law operates, and for which nascent knowledge is anything but a folly untried and unintended for future use.

Sincerely,

Robert R. McGill, Esquire