Tag Archives: owcp denial and next step

Federal Disability Retirement: A Return to Basics

Every few decades, there is a “new” movement which upholds the divinity of returning to the foundational core of one’s existence:  of going back to being a farmer; living a life of an ascetic; stripping away all “unnecessary” accretions and accoutrements deemed as vestries of comfort and “bourgeois” by definition (whatever that means); or, in common parlance and language more amenable to the ordinary person, living more “simply”.

The perspective that such a “movement” is somehow “new” is of itself rather an anomaly; but then, each generation believes that they have discovered and invented the proverbial wheel, and all such past epochs were mere ages of primitive imbecility.   And, perhaps, we are once more in that familiar circle of life, and such a movement has beset the quietude of modernity, again.  As such, let us return to the basics:

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the Federal or Postal employee may need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the “foundational” eligibility criteria needs to be met:  For those under FERS (Federal Employees Retirement System — or the “new” system sometime around 1986 and thereafter), the Federal or Postal employee must have a minimum of 18 months of Federal Service in order to apply.  For those under CSRS, the accrual time is 5 years — and, as such, anyone under CSRS would presumably have met that basic requirement, although a CSRS employee with a long “break in service” could potentially fall short, but that would involve a unique set of circumstances rarely seen.

Further, the Federal or Postal employee who sets about to file for Federal Disability Retirement benefits must either be (A) a current employee (in which case he or she would file first through the agency’s Human Resource Office, then to be forwarded to OPM, (B) if not a current employee, then separated from service not more than 1 year (as the Statute of Limitations in filing for Federal Disability Retirement requires that a former Federal or Postal employee file directly with OPM within 1 year of being separated from service), (C) if separated from the Federal Agency or the U.S. Postal Service, but not for more than 31 days, then to file with one’s former Agency, and (D) if separated for more than 31 days, but less than 1 year, then refer to (B) and file directly with the U.S. Office of Personnel Management in Boyers, Pennsylvania.

These are some of the “basics” in filing for Federal Disability Retirement benefits.  There is much, much more to the entire process, but then again, if one were to expand too far astray from the foundational core of the “back to basics” movement, one would be a hypocrite for allowing the complications of life to accrue beyond the essential elements of life — of water, food and shelter or, for the Federal and Postal employee filing for Federal OPM Disability Retirement benefits, whether under FERS, CSRS or CSRS Offset, the bridge between one’s position and the medical conditions one suffers from.  Go figure.

Sincerely,

Robert R. McGill, Esquire

 

The Devaluation of the Federal Employee with Disabilities

Countries engage it deliberately with its currencies; economic circumstances force it based upon fluctuating market volatility; and the basic principles in capitalism of supply and demand will often expect it.

Currencies are never stable indexes despite the best attempts by countries to manage and control their economies; the fact is, in this interconnected world of global economic entanglement, devaluation of worth can occur overnight, just after the soft breathing of nightfall overtakes, but before the dawn of first light when the halls of stock markets in faraway colonnades lined in symmetrical facades open their doors for the business of commodity markets.

Fortunes can be made, and lost, overnight; but the devaluation of that which implicates worth, can just as easily fall upon the human soul.  Medical conditions tend to do that.  We exchange, trade, value and appraise based upon a commodity’s supply, demand, desire and greed of want; but when it comes to human beings, though we deny such callous approaches, the encounter with such baseness still prevails.

For the Federal employee or the U.S. Postal worker, facing devaluation is nothing out of the ordinary when a medical condition hits.  Once the Federal or Postal worker suffers from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s positional duties, the avenue of choices becomes starkly clear:  One can try to hang on; one can walk away with nothing to show for those many years of dedicated and loyal service; or one can file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset.

It is the last of the tripartite alternatives which is the best option, and one which can secure a future for the Federal or Postal employee.  For, ultimately, the whole point of devaluation in paradigms of economic theory, is to stabilize the currency for future years; it is the experience of short-term suffering to attain long-term calm.  Economics is merely a microcosmic reflection of a macro-global perspective, and application of parallel principles are relevant to situations which might otherwise appear foreign.

Federal agencies and the U.S. Postal Service engage in devaluation, just as governments do, when the worth of the Federal employee or the U.S. Postal worker is seen in terms of productivity for the moment, and not for the long-term benefit gained for the future.

We live in a world of short selling trades; everything is seen for the immediacy of gain; but fortunately for the Federal or Postal worker who must contend with the attitude and approach of a Federal agency or the U.S. Postal Service in viewing the devaluation of the worker based upon productivity, the option of filing for Federal Disability Retirement benefits through OPM is one which is available, attractive, and allowable for those who are eligible to prepare, formulate and file for the benefit.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Comparative Living

We all engage in it; it is the genre of modernity by which one values and estimates.  With the shrinking world through sharing of information in this technological age, the greater minds have proposed that poverty can be erased and world hunger can be eradicated.  But in the reality of the microcosmic world of daily living, it has allowed everyone to peer into the living rooms of all, and in the process, the heightened camaraderie through shared information has become exponentially magnified.

There are positives for every change; but then, the negatives quickly follow.  Comparative living results in having a rigid sense that a linear form of life must be embraced, at all times, in all circumstances, and anything out of the ordinary constitutes failure of the first order.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition impedes and interrupts the planned flow of one’s life, and where the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s job, consideration must be given to a changed life outside of the realm of comparative living.

Federal Disability Retirement is a benefit which allows for the essence of that which is most important:  focus upon treatment of the medical condition; prioritizing of that which is of the greatest impact:  health, life, and securing one’s future.  What other people do; how others think; where others are going; they all become comparatively of little worth.

For the Federal employee and the U.S. Postal worker who suffers from a medical condition, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management must be the focal point in securing one’s future, and any comparison of one’s life to others who continue on with their linear goals in a world consumed with measuring worth against everyone else, must be cast aside to secure the reality of a present need.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Days of Sisyphean Drudgery

The Myth of Sisyphus is well known, both because of the philosophical essay written by Camus, as well as through the Greek mythological narrative of the condemned figure to toil in endless meaninglessness, by rolling the boulder up the hill, only to watch it go down, and to repeat the process all over again.

For Camus and the existentialist viewpoint, it is in the very act of absurdity itself that meaning and significance can be derived; for the Greek citizen of yesteryear, it was perhaps the circularity of the human condition which provided for relevance in the telling of the myth. In either extrapolation, the powerful and profound story provides for an image of consequence in this modern age of technological overload, where causes are no longer believed in, customs no longer adhered to blindly, and social constraints no longer attached by meaningful obedience.

The absurdity of daily toil has come to a fruition point, where the great expanse of information in the age of the internet now destroys any definitional meaning, either in words, relationships, or for lives and livelihoods.  Crisis points often infuse momentary meaning in meaningless and mindless midpoints; and so, at the pinnacle of balance, just as the boulder meets the midpoint of the hill and balances for a millisecond upon the hill before “deciding” to roll forward, the point of reflective relevance engulfs Sisyphus within a frozen moment of infinity.

Medical conditions often have a similar effect and impact upon a life; for, in the turmoil of trauma, one asks those reflective questions as to the mundane:  what does it all mean?  What is the point?  But perhaps such questions of eternal queries last only for a brief moment in time, before pain, fear, angst and anxiety overtake; and in this physical world where materialism and the scientific narrative prevails and predominates, getting beyond pain and through the day, only to experience insomnia and unsolicited loss of solace is not enough to attain a meaningful existence.

Are there solutions?

For Federal employees and U.S. Postal workers who suffer from a condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s positional duties, there is a likening of the work performed with the Sisyphean plight of the Greek mythological figure:  the greater bureaucracy representing the scene of turmoil; the medical condition representing the task itself; and the heroic feats of the meaningless in the context of the greater significance of life, surviving medical conditions and getting beyond pain, despondency, depression and anxiety, and the exit one attempts to find in order to escape from such a condition, leads one to that moment of absurdity and balance of the boulder at the pinnacle of the hill.

For the Federal employee and the Postal worker, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS or CSRS, is a way to attain a level of restorative capacity in order to escape the vicious circularity of the toil which only further exacerbates one’s medical condition.

While never the answer to all, obtaining OPM Disability Retirement benefits allows for one to move forward, and to progress beyond the absurd.  Otherwise, the disabled Federal employee or the injured U.S. Postal Worker may find him or herself caught in the web of another narrative put forth by another well-known existentialist philosopher, entitled, No Exit.

Sincerely,

Robert R. McGill, Esquire

 

Experience and Federal Disability Retirement Benefits

The vicious circularity of having or not having “experience” is comprised of the following: If too much weight is placed upon it and one is passed over because of its lack, then one will never be able to attain the experience needed in order to qualify; in order to attain experience, one must be given the opportunity to grow by trial and error; but such trial and error only reveals the lack thereof.

For most endeavors, the experience of undergoing X is merely a singular event, and one need not have repetitive encounters in order to aggregate a composite of a series of such events in order to become “better” at it.  For FERS and CSRS employees, whether a Federal employee or a U.S. Postal worker, the experience of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, is normally just a singular lifetime event.

The experience itself may well be a difficult one; and while no prior experience is required in order to prepare, formulate and file for Federal Disability Retirement benefits, it is often a good idea to obtain the counsel and advice of someone with experience, in order to make the process a less-than-devastating experience.

Experience matters; experiencing an administrative process without the guidance of experience makes that experience all the more a difficult experience. It is in these conundrums of life that we find the true puzzlement of the tumultuous linear-ness of experiential phenomena, and for Federal and Postal employees filing for the difficult benefit of an OPM Medical retirement, such mysteries are made all the greater when one is left in the dark about the secret matters which boil in the cauldron of a witch’s brew.

Sincerely,

Robert R. McGill, Esquire