FERS & CSRS Disability Retirement: The title itself

Sometimes, it is good to go “back to the basics”.  Throughout these blogs for these past and many years, the attempt has been to relate common everyday experiences and life’s challenges to the Federal employee and U.S. Postal worker struggling daily to maintain one’s career and to extend a career in the face of a medical condition.  Yet, the primary focus has always been to try and remain informative; to give some sense of the process of filing a 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.

Sometimes, however, the title itself is sufficient, and one does not need the additional analogy, metaphor or “connectedness” to try and understand the process, and instead, all that is required is the title itself.

OPM Disability Retirement is a “medical” retirement.  It is based upon a medical condition that prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job.  Yes, it can be a very, very complicating process, especially because there are potential pitfalls throughout the multiple administrative steps.  At each step of the procedural paths, there may be legal consequences that may not be correctible once the Federal Disability Retirement application has been submitted and a case number has been assigned at Boyers, Pennsylvania – i.e., a “CSA number” that begins with the number “8” and ends with a seemingly irrelevant “0” appended as the last of series of numbers.

Aside from the inherently complex questions posed on SF 3112A, Applicant’s Statement of Disability, the initial question that one must face and answer is (A) Whether, as a practical matter, Federal Disability Retirement is worth it, and (B) Whether there is a good chance to become eligible for it.

As to the first question, the factors that must be considered are: One’s age (for, at age 62, all disability annuities are recalculated based upon the total number of years of Federal Service, including the time that one is on Federal Disability Retirement, and as it now takes at least a year to get approved by the U.S. Office of Personnel Management, the question needs to be asked as to how old one is, how close one is to reaching regular retirement, and whether one can last until such age of retirement and the accrual of enough service computation years of Federal employment, etc.), how many years of Federal Service, and whether the Federal agency or the Postal Service is threatening to proceed with termination or separation.  And as to the second question, issues concerning the type of medical condition, the severity, the impact upon the Federal or Postal positional duties, the extent of support, how much reliance of such support is based upon a VA disability rating, and multiple other factors.

The “title itself” is often quite simple; it is the subtexts, the parenthetical unknowns and the hidden potholes along the road to filing a Federal Disability Retirement application (here we go again with the analogies and the metaphors) that makes for a complex and complicated journey.  But, then again, hasn’t that always been the case throughout life – facing the title itself that seems simple enough, but finding out that it is a bit more difficult than first thought?

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Observing Dogs

They belie conformity of thought, though they are willing to obey and follow strict adherence to rules and commands; and while “experts” in clothing of meandering letters, capitalized after the patronymic lineage displayed proudly as designators of validity and knowledge, may conclude that they neither smile, nor exhibit greater intelligence than primates deemed closer to our ancestral genetic heritage, what constitutes a test of possessing such a quotient is often irrelevant to defining the species.

They can defy; they can doubt, and be suspicious; anticipate by mere thought or look; and know the scent of danger from miles afar, long before any human capacity to fathom such instinctive acuity.  We think we are the great observatories of behavior and time; but dogs can as well decipher with watchful eyes, and smell the aroma of turmoil and disease, oftentimes long before a diagnostic tool can determine the course of future treatment.

We can learn much from observing dogs; for, while we may marvel at the obedience displayed, we mistake such adherence to commands as mere acts of automatons, as opposed to the want to please and the love they possess.  And how much of one’s life is characterized by a need to please, even when it is refused and countermanded with cruelty and crass contempt?

For Federal employees and U.S. Postal workers who continue to remain in a Federal or Postal job, despite all indicators from their bodies, minds and spirits to leave for the sake of health, is it any different than the observations gleaned from dogs who obey despite the cruelty of a contemptible master?

It is like the famous quote from Hemingway, that in modern warfare, a man will “die like a dog for no good reason.”  Sometimes, obedience and adherence is nothing more complicated than a desire to please, and to “stay the course” because no other way is known or shown.

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, is no different than the curse of the cur; and while we may applaud our own superiority by making grand conclusions based upon observing dogs and other creatures, the wonder of it is what those observing dogs must consider of our own plight, as fellow mongrels in a universe replete with stupid cruelty.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: Intestinal Fortitude

It is a word past its prime; one which was prevalent and pervasive in use during this author’s childhood, and represented a more refined way of saying, “guts” or “courage”.  It is one which brought forth a seeming awe and sense of credibility to the person who uttered the words, and once stated, it spread like wildfire amongst the pseudo-intellectuals and wanna-be William-F-Buckley-Jrs of the world.

Of course, no one could effortlessly drop a line of Latin like he could, and just as the death of an icon can fade the philosophical context of a given epoch, so words can lose their efficacy from generational transfer to the next; yet, the substance and essence of the meaning of the word remains like the vestige of wisdom displayed in a singular utterance from the toothless mouth of one’s grandfather, where the wide-eyed child looked from a vantage point well below, peering upwards with awe and disconsolate foreboding against the shadows of a crackling fireplace exuding warmth and tenderness amidst the melodious voice of loving care.  Use of words can be distinguished from the power of persuasion such usage can engender.

For Federal employees and U.S. Postal workers who need to consider the next step in 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, there are often three (3) primary issues to be kept in mind.

First, there is a vast difference with a real distinction, between having a medical condition, and proving that one’s medical condition prevents one from performing one or more of the essential elements of one’s Federal or Postal positional duties.  The former concerns medical care and a doctor’s expertise, exclusively; the latter remains the territory of the attorney who specializes in Federal Disability Retirement law.

Second, the affirmative step in making progress towards filing for Federal Disability Retirement benefits through OPM must be of the Federal or Postal employee’s own choosing.  No amount of persuasion, harassment or good old-fashioned pestering can move the mountain, and it often takes a crisis of realization until such an important decision is finally made.

And, third, whether of guts, courage, forward-thinking or intestinal fortitude, that step to be taken can be a life-altering advancement into an unknown future; but in the end, when a medical condition arises, the necessity of filing for Federal Disability Retirement benefits through OPM becomes a positive affirmation that the future for the Federal or Postal employee can be secured through an annuity which represents something beyond mere wasted effort for all of those years of service to the Federal agency or the U.S. Postal Service, and whether by intestinal fortitude or something else, such dedication to service is a mark of honor well-deserved.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Jobs: Canards and Caustic Characters

Life is tough enough without having to deal with unfounded rumors, mongering of fears (the term “fear-mongering” is itself an interesting one, denoting a tradesman or merchant who specializes in the sale of specific goods, and thus implying a commerce of black-marketed ideas connoting instability, undesirable and shady commodities) and encounters with unpleasant invertebrates masking as human beings.

Canards float throughout workplaces like pheromones released and attracting species of a similar ilk, and suddenly the ravages of the herd mentality provoke a carnivorous feast of mauling and prey-stalking.  The “fix” is in, and you know it, and wait for it to come, like the inevitability of a season’s change and the waxing and waning of the crescent moon; only, when it is you as the bulls-eye target of caustic characters, the eternity of time in anticipation of the forthcoming tidal wave and onslaught of adversity seems like the slow travel of a singular teardrop down the dry gullies of a pock-marked surface.

For Federal employees and U.S. Postal workers who are in need of 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, that feeling of impending doom is familiar, close, and nevertheless unpleasant.

Agencies of the Federal kind (we speak not of State, County or Local ones, as this author has no knowledge of their characteristics and internal workings, although one may presume that, by stint of metaphor and symbolic comparison, there may be a kinship between and betwixt) and the U.S. Postal Service have a reputation to uphold, and the prevailing one always seems to involve canards and caustic characters, especially when it comes to treatment of fellow Federal and Postal employees with medical conditions, such that the medical conditions begin to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s positional duties.

When the time comes — and the inevitability of when and how the Federal agency or the U.S. Postal Service will conduct itself is never without a shade of doubt — as to the need for filing for OPM Disability Retirement benefits, hopefully the Federal and Postal employee will leave the scene of the crime and go on with life with an OPM annuity, with mere memories of fading glories, for this canards and caustic characters who are left behind to boil in the meanness of their own making.

Sincerely,

Robert R. McGill, Esquire