OPM Disability Retirement Benefits: The Pace of Life

Although we try and control it, it defies such control; and the best that can be accomplished is a paltry attempt at managing it.

Whether with the five minutes to feel the warmth of a steaming cup of coffee, a fifteen minute meditative stance of inner quietude, or a 2 mile run with earphones on to become lost in the rhythmic monotony of jogging within the insular world of a musical beat; despite it all, the pace of life quickens, and we feel that there is nothing that can be done about it.

Life is stressful.  Giving lip-service to the fact of its pace somehow seems to help in overcoming it; or, at the very least, in disarming the ravages of their impact.  What little things we do; from taking a deep breath to isolating ourselves into depressurized tanks of meditative quietude — is palliative at best and self-delusional at worst.

Then, when a medical condition or other interruptive nuisance of life further adds to the already over-burdened pace of life, we often wonder whether we can even “handle it all”.  But what choices are we left with?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to split the seams of sanity, preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management under FERS, is often the answer to the unanswerable question: What will lessen this unbearable pace of life?

To dissect the various elements and tentacles that wrap themselves around and strangle, then to bit by bit dislodge and separate, then get rid of — like the process of cleaning out a basement or an attic that has accumulated the junk of unnecessary hoarding.

The pace of life will always be a burden; filing for Federal Disability Retirement under FERS is a step towards lessening the burden for the Federal or Postal employee suffering from a medical condition, such that when the peripheral and surrounding stresses are unpacked, the central focus of attending to your medical conditions becomes the singular pace of life’s embrace.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from the OPM: The option of nothing

Inertness for a human being is always an option; although normally a default choice, it is nevertheless an alternative one chooses, rather than what we state to ourselves in justifying the negation of doing something: Just disregard it, and it will go away.  The default is embraced once the choice is made to do nothing further.  Governments are great at that, and ours in particular — of kicking the proverbial can “down the road” and letting the next generation of voters decide upon the non-decision of critical goods and services, all the while talking a good game about what “needs to be done” and “should be done.”

The question that remains unanswered throughout is always: Is the option of nothing the best option? And further: Do we always have to take the best option, or is “letting it go” and disregarding the option to affirmatively make a decision on an important matter sometimes “good enough”?

One can always avoid these latter questions by positing the conditional of: “It all depends” upon the particular circumstances, and that may be true to the extent that, in certain situations, the option for nothing is the better option given the other options available.  In general, however, inertness is merely the lazy man’s out, or an avoidance that is emphasized by a desire of negation — of not wanting to make a decision at all.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of ones’ Federal or Postal job, the option of nothing will normally exacerbate matters.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is a long and arduous path through multiple administrative facets which requires expertise and thoughtful planning in maneuvering beyond the bureaucratic morass.  Because of this, the option of nothing is really not an option at all; it is, instead, a self-harming decision that can have dire legal consequences resulting from the inaction.  As such, consulting with an attorney who specializes in preparing, formulating and filing for FERS Disability Retirement benefits becomes a critical step in a Federal or Postal worker’s “next step” in deciding to file for Federal Disability Retirement benefits.

In the end, the option of nothing is no option at all; it is merely the non-option of inertness, which ignores the greater option of doing something about that which needs to be done.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: Next Steps

It is always the next steps which determine the relevance and efficacy of the prior ones; a misstep can extinguish the progress made from the ones before; a stumble can irrevocably diminish the gains already made; and a fall can destroy the foundation of past steps already taken.

What to do next? We can stumble through; brashly forge forward despite unmapped territories that can harm and destroy; and we can even try and “manage” things by taking small, incremental steps, with trepidation and lacking of confidence, hoping for good things to occur despite our best wishes and hopeful optimism.  Or, we can consult with experts and specialists in order to gain a roadmap, or even hire a guide who has been down this mountain path before, and allow for the gains already garnered to account for something, instead of blindly destroying all that we worked for by forging ahead thoughtlessly like the proverbial bull in a china shop.

That is the problem with Federal and Postal employees who try and prepare a Federal Disability Retirement application without expert legal assistance: every case prepared by the person suffering from the medical condition believes his or her’s to be a “slam dunk” case — for, if the one who suffers from the medical condition prepares and submits his or her case, it is the same person “one and all” of the person experiencing the medical condition and the one who describes the very experience, such that no amount of objectivity can maintain the necessary distance between the two.

Consulting and hiring an attorney who specializes in preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, may not necessarily guarantee a “win”; but it does help to ensure that the next steps do not extinguish the prior years of investing in your Federal or Postal career, by making sure that the next steps mean something beyond the stumble, hesitation, or sudden fall.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: The facade of happiness

There are weather-related “fronts” — of “cold fronts” and “warm fronts” bringing in the freshness of change, a sudden modulation of temperature and a gust of windy hollows echoing through valleys and down into the chill of our bones.  They change the temperature of the air around us, and often moods are impacted as well.

Then, there are also “fronts” of human characteristics — of “putting on a brave front”; of making a “frontal assault”; and of these latter, we realize that there is always something behind, like the wizard concealed by the curtain undrawn.  We all of us put on “fronts” — and like the weather fronts that fool us at first that Spring may be nigh or Winter’s discontent may be around the corner, the “brave” front may be just a put-on, just like the “frontal assault” is likely a ruse to deploy one’s forces all at once to meet the enemy head on.

Of all the fronts, it is the facade of happiness that fools the most, even one’s self, into thinking that contentment is the amassing of objects surrounding, careers advancing and problems left avoiding.  The facade of happiness works well for a season, so long as the fool who buys the bridge of smiles never lifts the veil an inch to peer into the darkness of a soul in anguish.  Happiness is a fleeting state of existence; here for a moment today, it vanishes like the spirits of yesterday’s underworld where gods were chosen to wander the earth in ashen looks of greying days.

For Federal employees and U.S. Postal workers 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 facade of happiness has likely been an essential tool for survival in this past year, if not longer.

It allows for the Federal or Postal worker to put on a “brave front”, to fool the others for a time — somewhat like the cold front that descends upon the south in the middle of summer to remind one that change is in the air, or the “architectural front” that gives an old building a facelift and draws people inward as an inviting new asset.

But don’t be fooled; for the facade of happiness can never hide for long the suffering beneath, and for the Federal or Postal worker, preparing a Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the first real step towards an abiding and real happiness, as opposed to the fake smile that conceals beneath the facade of happiness.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Workers: Happiness revisited

What is it that makes people happy?  Is it constituted by generic categories (like “wealth”, “fame”, “friendships”, “popularity”, etc.), or is it specific to each individual (i.e., for Joe, it is to have sufficient time daily to become lost in reading; for Alice, the opportunity to go out with friends at least once a week; for Mary and Steve, to be in one another’s company, etc.) such that, while specific conditions can be described as the prerequisite for individual happiness, they can nonetheless be categorized into more generic forms while never losing the unique content of that which constitutes the essential ingredients for such individual happiness?

If generically-based, can it be “bottled” — i.e., advertised and sold?  Isn’t that what much of commercial advertising is all about — not the product itself, although that is the ultimate goal, but of the underlying message that by means of the product, the end will result in happiness?

Thus, teeth whiteners and dental conglomerates don’t just sell straightened teeth or gleaming smiles; rather, they sell happiness.  Otherwise, why else would everyone be smiling stupidly and pretending (for that is what actors and actresses do) that they are ecstatic in their roles?  And car insurance, life insurance, reverse mortgages and financial institutions — what are they selling but happiness through security and a sense of peace?

More importantly, should happiness ever be a goal, or is it best to allow it to remain as a byproduct and a natural consequence of a worthy life’s endeavors?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the issue of one’s happiness is always present in stark contrast to the current human condition of deteriorating health: for, misery is the flip-side of happiness, and to that old standardized testing torture we all had to undergo as school children, happiness is to health as misery is to ___?  What would be the appropriate word used to fill in the blank?  Ill-health?  Sickness?

When one’s health deteriorates, the priorities of life suddenly come into sharper focus, for health is the foundation from which all else flows. Happiness, one begins to realize, cannot be the center and foundation; it is, instead, a byproduct of good health, solid relationships and productive careers, and filing for Federal Disability Retirement is a means to an end, whether you are under FERS, CSRS or CSRS Offset.

Thus, for the Federal or Postal employee who begins to 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, serious consideration should be given to filing for Federal Disability Retirement benefits, to be submitted, reviewed by and approved by the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: Implications

Merely putting a ‘thus’ or ‘therefore’ does not create the necessary nexus between the facts proffered, the evidence presented and the conclusion declared; implications by definition require some work on the part of the audience, as the bridge not explicitly apparent must by necessity mandate mental connections to be drawn from otherwise disparate fields of facts.

How far can the law be stretched?  For so-called “originalists”, it is allegedly only the plain meaning of the text itself that can be gleaned, without any further “interpretation” beyond what is “originally intended”.  But lawyers go beyond the central meaning of legal opinions all the time; it is the job of a good attorney to stretch the application beyond what is originally meant or intended; and it is up to the next judge before whom such argumentation is tested to place limits and boundaries when the proposed stretch has gone a bridge too far.

How far, for example, can the “Bruner Argument” be made in a Federal Disability Retirement case?  Can the fact of a separation based upon “excessive absences” be used to demand of OPM that the Bruner Presumption should be applied, especially when parallel facts clearly establish that during the same time period of taking exhaustive Sick Leave and excessive LWOP, the Federal or Postal employee had multiple doctor’s appointments and was medically advised not to go to work?  Of course, arguments can always be made — but the real point is, Can one make an effective and persuasive argument?

For Federal employees and U.S. Postal workers who are preparing a Federal Disability Retirement application, whether under FERS, CSRS or CSRS Offset, those conclusions by implication need to be carefully crafted.  For, while you may see the bridges connecting the two or more land masses that are otherwise separated by the rivers and tributaries, it is up to the applicant in an OPM Disability Retirement case to make explicit and obvious those implications that may otherwise be lost in the administrative morass of complexities inherent in every Federal Disability Retirement case.

Sincerely,

Robert R. McGill, Esquire