Tag Archives: opm postal disability application advice from an usps medical retirement attorney

Federal & Postal Disability Retirement: The Goldilocks Principle

Most of us are familiar with the fairytale; but in modernity, the principle extrapolated has been extended thus: the natural pendulum of occurrences must fall within a certain set of margins, as opposed to reaching the outer limits of extremes.  And, indeed, most things settle into a comfortable compromise of corollary constancy; it is precisely because of the anomaly of extremes that we take special note of the exceptions which develop and manifest.  And that is always the continuing hope of most individuals — for a reaching of compromise, and static settling into a middle ground, etc.

But for Federal employees and U.S. Postal workers who find that a medical condition begins to impact one or more of the essential elements of one’s positional duties with the Federal government or the U.S. Postal Service, the Goldilocks Principle will often fail to apply.  Increasing pressure is brought to bear (no pun intended) upon the Federal employee or U.S. Postal worker who shows signs of vulnerability; perhaps an initial verbal warning, then a written admonishment; then, the placement of a PIP within the constant environment of hostility; restrictions upon leave usage, and finally, a proposal to remove.

Medical conditions require priority of purpose and attending to the medical condition itself.  Actions by agencies and the U.S. Postal Service often serve to exacerbate the medical condition.  Filing 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, is an option which should be considered earlier, than later.

In the end, of course, the Goldilocks Principle is somewhat relatively determined by where those margins or goalposts are placed; for, in preparing, formulating and filing for Federal Disability Retirement benefits through OPM, the realization that the middle ground of comfort is far from the fences of the extreme, depends upon where the Federal or Postal employee is standing, in relation to the medical condition, the harassment received, and the empathy shown (or more precisely stated, the lack thereof) by the agency and the U.S. Postal Service.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: The Paradigm of Disarray

One can go through life with the belief that the wider geopolitical universe as reflected through countless media outlets represents the true state of everyday existence; as wars, earthquakes, floods and famine destroy families, communities and conduits of chaos, so such a paradigm of disarray can color the subjective perspective which we carry about in the monotony of routine existence.

The extreme rejection of such a model viewpoint is to be a hermit; or, the balanced approach is to “keep things in perspective”, as the general advice goes, but what does it exactly mean to keep something in proper perspective?

On the one hand, if you carry forth the aggregate of transatlantic turmoil as representing what occurs or can potentially occur in the parameters of one’s locality, then that would certainly provide an imbalanced perspective.  On the other hand, ignoring and rejecting all events and occurrences outside of the artificial confines of one’s back yard would negate the reality of the intersection between information, knowledge and wisdom; for, as ignorance constitutes bliss, so deliberately ignoring events outside of one’s living room may represent the pinnacle of ecstatic living.  Then, when one throws a medical condition into the mix, the attempt to maintain a balance of perspective becomes exponentially difficult to maintain.

Medical conditions have a tendency to exacerbate the paradigm of disarray.  For Federal and Postal employees 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 necessity to maintain a proper perspective and balance of one’s life, accomplishments and future potential can become so skewed as to face fears of cognitive mountains insurmountable.  It is hard enough to maintain a balanced perspective in this world where media rules and interjects every aspect of life; where computers feed messages and track buying habits in order to invade your conscious existence; and where the 24-hour news feed is the norm.

Whether from chronic pain which tips the capacity to process information overload adequately, or psychiatric conditions which by their very nature create an imbalance of certitude; the Federal or Postal employee who suffers from a medical condition will feel that the world once balanced within a universe of rationality, is now turned topsy-turvy through an inverted prism.

Federal Disability Retirement benefits, filed through the U.S. Office of Personnel Management, is a benefit offered to all Federal and Postal employees who seek to escape from an exacerbated imbalance of perspective resulting from an on (or off) duty injury, physical illness or a mental condition which impacts the ability to perform the essential elements of one’s Federal or Postal position.  It is an avenue to make upright that which produced the paradigm of disarray through the intersecting forces of physical or mental debilitation — that medical condition which one never asked for; which one barely supposed; and of which the greater geopolitical world is unaware.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Of Capillary Constancy

Capillaries represent the smallest of the body’s blood vessels, which cumulatively account for the greater part of the microcirculatory means of reaching extremities and body under-surfaces beyond the reach of major veins.  Bursting or damaging a few here and there have little effect; cutting a capillary or bruising resulting from a blow to a branch of them, will have residual reverberations of unnoticed proportions.

But then, that is how most lives are considered, and treated; not as major arterial avenues of pumping stations, but way stations and secluded outposts visited only when mandated by necessity, and even then sporadically and with grumbling trepidation. But it is the very constancy of the work of capillaries which uphold the arterial integrity of the major vessels of society; and while most Federal and Postal workers go about their business in a daily routine within the quietude of unnoticed efficiency, it is when an interruption of a major event interposed upon a singular individual, that one must take pause and notice the otherwise uneventful event in a life of a capillary-like existence.

Chronic injuries and disabling conditions tend to do that to us.  For the individual who suffers from a medical condition, the traumatic life-event become a major obstacle; for the rest of society, it is the mere interruption and inconvenience of a capillary’s constancy being cut off.  The major vessels of life continue to pound away, pumping with rhythmic efficiency and barely taking notice of the lack of lifeline to the outreaches of peripheral concerns; but for the individual capillary, the crushing of life represented by a medical condition is a major event of exponentially significant proportions. Federal and Postal workers who suffer from a medical condition, and whose medical condition prevents one from performing one or more of the essential elements of one’s job, need the respite of recuperative time; but like capillaries damaged or otherwise severed, they are often forgotten immediately following the event.

Whether under FERS, CSRS or CSRS-Offset, Federal employees and U.S. Postal workers who can no longer perform one or more of the essential elements of one’s job, may be eligible for Federal Disability Retirement benefits through the U.S. Office of Personnel Management; but one must prove, by a preponderance of the evidence, the nexus between the medical condition and the positional requirements of one’s Federal or Postal job. It is, in the end, the relevance of the whole organism and the efficiency of the body entirety, that matters; and to that extent, of the capillary constancy that results when significance is discovered for each outpost in the life of a human being.

Sincerely,

Robert R. McGill, Esquire

 

Postal and Federal Employee Medical Retirement: A Working Paradigm

Most doctors, attorneys, and the general public are familiar with the concept of “disability benefits”, but only in relation to the Social Security Administration.  It is rare that disability benefits are associated with, or are known to exist, separately for Federal employees or the U.S. Postal Service, in relation to a concept which is progressively unique and creatively formulated within a context of a society and a bureaucracy which is not normally know for such characteristics:  a system of disability where the disabled individual is encouraged to seek employment without being penalized for earning income by immediately terminating the disability benefits.

Yes, for Federal and Postal employees, there is the cut-off margin of 80% of what one’s former position currently pays; and, yes, if the private-sector employment is too similar in nature to the positional requirements and essential elements of the former Federal or Postal job, such parallel identity can result in a determination by the U.S. Office of Personnel Management that the former Federal employee or Postal worker is deemed medically recovered; but within those generous parameters, the paradigm upon which Federal Disability Retirement is based, is what can only be described as a “working paradigm”, precisely because, as a system of incentives, it works, and as a practical matter, it encourages Federal and Postal workers to continue to remain productive in the workforce, and to perpetuate a self-paying system, as opposed to the de-incentivized system of Social Security, which has an extremely low threshold of allowable income before terminating benefits.

OPM Disability Retirement is effective precisely because it is a working paradigm — both in a pragmatic sense, and as a metaphorical basis for building a foundation for one’s future, as opposed to being stuck in the rut of an administrative bureaucracy which fails to understand and appreciate the human instinct to remain productive.

Sincerely,

Robert R. McGill, Esquire