OPM Disability Retirement Lawyer: At What Cost?

The introduction of the “cost-benefit analysis” (CBA) by the French (who else?) is a quantitative approach in determining whether to go forward with a given project.  There are other approaches, of course, but the popularity of such a utilitarian paradigm is especially attractive to Americans, precisely because it allegedly places a determinable value upon the project, endeavor or issue in question.

But not everything in life is quantifiable in monetary terms; and while the CBA approach can take into account complex factors and assign methodologies of evaluating such that otherwise unquantifiable terms can be converted into numbers, the question still comes down to a simple issue of self-reflection:  Is it worth it?

For Federal employees and U.S. Postal workers who have 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 positional duties, a cost-benefit analysis is often taken with a singularly stark question:  Can I survive on the annuity proposed by statutory authority?

But this often ignores a parallel query, just as stark and similarly singular: What other choice is there?  If the medical condition arose as a matter of a work-related incident, certainly the Federal or Postal employee under FERS, CSRS or CSRS Offset should file for OWCP/DOL benefits; but even then, Worker’s Comp is not a retirement system, and there will likely come a time when it is still necessary to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

The unquantifiable factors in any CBA are those more personal, intangible issues which we rarely desire to face:  What will happen if I ignore the present course of settings?  If I continue to work with my medical condition and somehow reach retirement age, what kind of shape will I be in to enjoy my “golden years”?  Will the agency tolerate my reduced productivity, and what will their next move be?

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is never an easy decision, and should not be taken without a thorough and self-reflective analysis; but it is often an approach tantamount to negative-theology which will bring out the true answers to a dilemma — of what will result if one does NOT do X, as opposed to a quantification of values — and provide the necessary framework for a future reference of positive closure to a human condition which always seems, at the time and moment of suffering, to be a calamity beyond mere dollars and cents, and for which the famous Utilitarian Philosopher, John Stuart Mill noted, that actions are right “in proportion as they tend to promote happiness.”

Sincerely,

Robert R. McGill, Esquire

 

Another similar article previously published: Federal Disability Retirement pros and cons

 

 

Federal & Postal Employee’s OPM Medical Retirement: Disjointed Lives and Divergent Paths

Life brings with it anomalies and conundrums which make for bumpy rides.  Despite protestations to the contrary, the older we get, the more we seek repetition, thoughtless inaction and monotony of purpose.

Change is for youth; otherwise, why does the parapet of innovation occur (with some minor exceptions) within the fertile mind of those in early adulthood?  Technological discoveries and scientific breakthroughs are formulated within the first third of life; managing a staid environment is left for the second third; and in the final slice of the corrupted remains, we expect quietude and unobtrusive solitude.

Medical conditions tend to disrupt and destroy.  Where once the agency or the U.S. Postal Service enjoyed concurrent and parallel lives with the “productive” Federal or Postal worker, the introduction of a medical condition impacting upon one’s capacity and ability to perform “efficient service” for the Federal agency or the U.S. Postal Service, comes into doubt, and it is precisely within the context of the disjointed teleology of intended purposes, that the divergence of paths must take its course.

Fortunately, the Federal system of compensation has preemptively considered such a scenario — by offering Federal Disability Retirement benefits for Federal and Postal employees under FERS, CSRS or CSRS Offset.  Federal and Postal employees who are no longer able to perform one or more of the essential elements of one’s positionally-required duties, as delineated and described in the official PD of one’s job, have the option of filing for Federal Disability Retirement benefits.

Ultimately, such a Federal Disability Retirement application must be submitted to the U.S. Office of Personnel Management — through one’s agency, if one is still on the rolls of the agency or the U.S. Postal Service, or separated but not for more than 31 days; or, directly to OPM if the Federal or Postal employee has been separated for more than 31 days.

In the end, it is not the disjointed life or the divergent path which will determine the headstone of time; rather, it is the residual influences we leave and heave upon the next generation of confused minds which will make a difference, and whether the staid quietude we seek in the sunset of generational transfer of responsibilities can allow for another alteration of paths, as one who decided to create a new trail by following Frost’s road not taken.

Sincerely,

Robert R. McGill, Esquire