Tag Archives: owcp fers medical retirement

OPM Disability Retirement Lawyer: Unrehearsed Spontaneity

In the absence of a coherent plan, one is left with the ad hoc approach of a sometimes delicious unfolding of unrehearsed spontaneity.  Dinner conversations; an unplanned visit; a sudden windfall; an inheritance from a long-lost relative; these are all desirable circumstances to suddenly befall; but most things in life require some extent of planning, and to expect positive results in the same manner as a string of lucky draws, is to ask for failure in the face of unrealistic anticipatory happenstance.

Medical conditions fall into the category of unexpected events; how one responds to it, what steps are taken, and where one goes from the discovery of the information — these are determinable follow-ups.  We often confuse and bundle together causation with effects.

Hume’s bifurcation via use of billiard balls as an example, illustrates the point of recognizing the importance of identifying that “necessary connection” which is lacking when discussing the universe of inception and result.  Some things happen without rational basis or knowable justification; but where we have the capacity to engage an active hand in a matter, the consequences we perceive from our affirmative participation can be defined and comprehensive.

For Federal employees and U.S. Postal workers who find that a medical condition has impacted his or her ability and capacity to continue in the Federal or Postal job, it is important to recognize that unrehearsed spontaneity is fine for a time, but not for planning the course of one’s future.

Preparing, formulating and 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, requires the cogent and deliberative gathering of relevant medical documentation; the capacity to compile the compendium of proof in order to qualify; and the application of legal argumentation in combining medical information with legal significance, in order to persuasively submit an effective Federal Disability Retirement packet.

Approvals are not won by mere happenstance; luck in a Federal Disability Retirement application is not based upon a lottery ticket purchased, forgotten, and suddenly viewed for statistical improbabilities; rather, it is a focused approach upon a bureaucratic process where the coalescence of facts, law, and preponderance of the evidence are compiled with a deliberative approach.

Leave the delicious moment of unrehearsed spontaneity to a dance under a sudden cloudburst; to prepare an OPM Disability Retirement application of efficacy and success, a wider approach of planning is necessary.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Law: Loss of Meaning

What it is that motivates a person to achieve greatness; whether the factor of that which does, or purports to be, and to what extent the outward articulation of the elements of a driving force corresponds with the esoterically objective truth underlying the learned and expected statements for public consumption; these, we may never know.

Most of us engage in repetitive monotony of actions; whether by fear of societal retribution, the judgment of peers, a sense of responsibility and obligation; or, perhaps even by sheer ignorance and stupidity, where the instinctive drive is merely based upon the base hunger for accumulation of material objects; as self-reflection is rarely a consideration of serious intent, so the onset of what some deem a mid-life crisis is often nothing more than a pause in unthinking acts of greater thoughtless chasms in void and vacuity.

Medical conditions, and the impact of a debilitating injury or disease, can be the prompting nudge for change and upheaval. Whether because a medical condition forces one to consider a redistribution of life’s priorities, or merely because they interrupt the capacity and ability to continue in an unthinking manner; regardless of the motive, change becomes an inevitable consequence of an unexpected medical condition.

For Federal employees and U.S. Postal workers who suffer 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, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal Worker is under FERS, CSRS or CSRS Offset, is an option of limited choice.

For, as the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s job, so the dependency upon the agency to provide a “reasonable accommodation” is ultimately an act of futility.  “Reasonable accommodation” is merely that which is accorded in order to perform all of the essential elements of the job; it does not do away with any of the elements, and thus is rarely conceivable, and practically impossible to implement.

Federal and Postal workers who are prevented from performing one or more of the essential elements of one’s job, at least have the option of filing for Federal Disability Retirement benefits. Many in the private sector have no such benefit, and are thus left to disparate means and desperate devices.  Often, the onset of a health condition becomes a crisis of meaning, where the medical condition itself compels the Federal or Postal worker to question the meaning and value of one’s work and accomplishments.  But the loss of meaning need not occur as a necessary or inevitable consequence.

Federal Disability Retirement accords an opportunity of a second bite at the proverbial apple; there is life after Federal Medical Retirement for those who get beyond the long and arduous bureaucratic process, and the meaning of one’s existence need not be the harbinger of fate, but merely a door opened for future endeavors of thoughtful exercises and prioritizing of values.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: The Bygone Era of the Single Photograph

It sits upon a private pedestal, prominent for its centrality and foundational focus; it is that which lives are built upon, like the cornerstone which, if withdrawn, unravels the structural integrity and shatters the countenance of teleological significance. But with time, they fade; that which was thought to be timeless and withstanding of mortality, as with all things less than angels but stewards of God’s gifts; and the chemical admixtures which created the bright sheen in the first days thereafter, are now but fading glories of past experiences gathered through a lifetime of memories.

It used to be that photographs were special captives of a moment in time, frozen of significance, and encapsulated by relevance in the important event of a greater life.  The wedding photograph — that serious pose of two people, strangers but for a period of courtship, who stare into the lens where, in a flash of a frozen eternity of bliss, the images reflected upside down represent a commitment beyond mere contractual combining of lives.

Today, with digital cameras, the world is viewed through virtual reality, where experiences are no longer preserved for posterity, but where the perceptual “now” parallels the receptors of immediacy.  An event is no longer captured in a singular photograph; rather, the exponential explosion of the volume of images outpaces the memories which embraced them. But it is the singular moment which is remembered; its importance and relevance constitutes the uniqueness of who we are, what we strive for, and the future foundation upon which we build.

When medical conditions impact a person, the intervening event is a milestone of sorts, for those whose purpose of serious endeavors throughout a lifetime was captivated not by self-interest or preservation of ego, but because the pedestal of relevance mattered.  For Federal employee who suffers from an injury or other disabling condition, where the medical condition impacts the very foundation of a career, and therefore tears apart the fibers and filaments which bind the relevance of a lifetime of accomplishments, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, the event itself — of having to acknowledge that one’s medical condition can no longer be consistently maintained and managed while working at all of the essential elements of one’s Federal or Postal duties — often represents a fading of that singular photograph kept safe on a corner pedestal of time.

The medical condition itself is a trauma; filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management can be a further time of turmoil, precisely because it is an event of significance: of change, of foundational shattering, and an admission of mortality. Like the bygone era of the single photograph, the career which one chose when once youth beckoned with rash confidence, sits fading with time upon the acknowledgment that one’s medical condition has revealed the extent of one’s vulnerability in a world less caring than once promised.

Sincerely,

Robert R. McGill, Esquire