Medical Retirement under FERS & CSRS: Procrastination and delay

The former denotes an active passiveness, while the latter connotes the former but may also include objective circumstances beyond the subjective input or control over the consequences resulting, whether from external forces, internal influences or a combination of both.

What compels one to procrastinate?

There can be a number of factors — of secretly not wanting to proceed; of the proverbial kicking the can down the road; of wanting to extend the known quality of the present and resisting the unknown quality of an uncertain future; or perhaps, just simple laziness.  Of the latter — of delays in a process, or of results expected — this can be because of actions taken or not by others, and a whole host of reasons not known by the expectant party.  Thus, for a delay to occur, much of the circumstances often cannot be controlled; of the former, most, if not all of it, is within the purview of one’s influence.

Further, it is often the monsters within that loom much larger than the reality without, and that is often true of things we anticipate we will not like, and of obligatory mandates that may be inevitable objectively but resisted subjectively.

For Federal employees and U.S. Postal workers who are contemplating the necessity 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, it is often that initial step that is the most difficult one to take.  And like that Chinese proverb that is often quoted, the journey of a thousand miles must begin with the first step, so it is likewise true that procrastination of that initial step is the one that prevents all subsequent steps and actions from being taken.

Procrastination is within the purview of one’s self; delays, beyond one’s control, or at least some part of it.  To overcome the obstacle of one’s self, it may be wise to consult with an attorney who specializes in Federal Disability Retirement law, so as to first understand the process of what it takes to file with the U.S. Office of Personnel Management, the intricacies involved and the requirements needed to meet the legal criteria for a Federal Disability Retirement application to “pass muster”, to realize what initiating steps are necessary, and to recognize whether the fears that delay are the ones that are merely in one’s own mind, or whether the pathway forward is as onerous as the fears that paralyze.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement under FERS & CSRS: That carefree child

Whatever happened to him or her?  That child who would shrug the shoulders, move on to the next thing and be free of worry or concerns.  “Carefree” is not a synonym for “careless”, or even of “uncaring”; rather, it is the capacity and ability to maneuver throughout this complex universe without allowing for life’s burdens to weigh upon one so heavily that past events prevent future actions of progress and advancement.

That child that is now lost was caring; he or she was also careful in every endeavor, every project and helpful in many ways; yet, that same child was known to be carefree.  Where is that child, now?  What happened such that life interrupted, anxieties developed and stresses multiplied?  Does that same child – now a hunk of an adult sitting in the corner somewhere – stay up at nights worrying about tomorrow, “stressed out” about the next day, paralyzed with panic about the future?

Often, the troubles we face within the confines of our own minds are greater in horror and imagined size, than the reality that is actually to occur.  Depression, anxiety, panic attacks, bipolar spectrums of manic and depressive phases, coupled with suicidal ideations, agoraphobia and other psychiatric diagnoses – these can comprise the lost paths of a child who is no longer carefree, but has grown into adulthood and experiences the commonality of society’s growing problems, exponentially expanded because the rest of society has indeed become uncaring and careless in its treatment of that child who was once carefree.

If that once-carefree child has become a Federal or Postal employee who is suffering now from the cares of the world, and the medical condition no longer allows for the Federal or Postal employee to perform all of the essential elements of the Federal or Postal job, it may be time to consider 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.

Filing for Federal Disability Retirement benefits will not be the solution to all of life’s problems, but it can at least begin to pave a path towards “coming home” to a time that we remember, when that carefree child walked about with less of a burden and more of a smile.  Federal Disability Retirement is meant to do that – to allow for the Federal or Postal worker to focus back upon one’s health and well-being and not become burdened with the stresses of work and performance, where love is anything but unconditional and the summer days of tomorrow may still have some warm moments to enjoy.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation Federal Disability Retirement: Law’s efficacy

When is “the law” effective?  Especially when speaking about an administrative procedure such as filing a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset – what role does “the law” play in its procedural and substantive aspects?

Multiple distinctions are made on a daily basis with respect to the law’s efficacy; whether something is “legal” or not does not always mean that it is enforceable, for the costs associated may be prohibitively expensive.  To have a “legal right” does not always mean that one should necessarily assert it, for there may be practical considerations that come into play before moving forward with applying that which is rightfully existent.

Further, the mere fact that the law may be “on the books” may not necessarily mean that a society will always raise it up from the dead and apply it; for, as customs and normative constraints alter, modify and become transformed by evolution of thought, it may well be that dogs best left sleeping are the ones who are never bothered.

In Administrative Law – which Federal Disability Retirement issues are a part of – there is always the question as to what role, significant, relevant or somewhat in between, “the law” plays, as many steps throughout the procedure and process must deal with non-lawyers who have no clue as to the existence, force or applicability of legal matters.

Thus, should the “Bruner Presumption” be argued at the initial stage of a Federal Disability Retirement application even though the administrative specialist who is reviewing the Federal Disability Retirement application may have no clue about its impact, doesn’t much care and will likely not give much thought to its contextual relevance?

Does Bracey v. OPM matter when discussing the finer points of issues pertaining to accommodations and reassignment, or is that merely some esoteric legal argument that should be reserved for the Third Stage of the process, if and when a Federal Disability Retirement application is denied twice (both at the Initial Stage of the process, as well as at the Second, Reconsideration Stage) and is appealed to the U.S. Merit Systems Protection Board and comes before an Administrative Judge?

Should Simpkins versus OPM always be argued for Veterans with Service-connected ratings, no matter what the ratings are comprised of?

The law’s efficacy is ultimately determined not necessarily by the quantitative bombardment of effective methodological argumentation, but by the qualitative selectiveness of who to argue to, when to argue and for what purpose.  In the end, law’s efficacy is a strategic component that may determine the successful or otherwise outcome of a Federal Disability Retirement application, and should be considered thoughtfully and with great preparation.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Federal Employee Medical Disability Program: Potluck

It is where everyone –  family, neighbors, friends, acquaintances, and even those who don’t want to, but feel the pull of obligation by the sheer weight of embarrassment or shame – brings a dish of something to the occasion, gathering or congregation of confluence.  That is both the rub and the drub, isn’t it?  We never know what is brought to the event; and for some, slinking in unnoticed with empty hands, and once there, who asks what the contents of the contribution consisted of – which can easily be dismissed, in any event, with an inane response of, “Oh, this and that, you know,” and walk away knowing that good manners will prevent any further query of suspicion.

There are always three elements (just three?) to the concept of a “potluck” meal:  (1) If sufficient numbers are invited, the likelihood of a grand and satisfying feast will aggregate (of course, the better preparedness would assign various categories to each invitation – i.e., invitees “a” through “d” brings entrees; “e” through “k” desserts; “l” through “r” side servings, etc.), (2) While some overlap and duplication might occur, the statistical chances are that a wide variety of random amalgamation will be the result, and (3) the greater the participation, the higher statistical chance of success.

It is of this last element that applies to Federal and Postal employees considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, regardless of whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  For, it is the “other side” of the shotgun approach – of allowing for multiple input, various hands and uncoordinated resources, that implodes with an inconsistency of strategic focus.

Medical conditions are interruptive enough; the inability to perform one or more of the essential elements of one’s Federal or Postal positional duties, often results in a parallel inability to prepare, formulate and file an effective Federal Disability Retirement application.

That being said, “help” and “assistance” of the non-legal type may come from spouses, family and friends –  voices which neither know the pain of the applicant who is filing for Federal Disability Retirement benefits, nor are familiar with the legal pitfalls and consequences attending to each procedural and substantive step of the process.  “Help” is always a “good” thing; but in preparing an effective Federal Disability Retirement application to be submitted to the U.S. Office of Personnel Management, the “potluck approach” may be the least desirable of methodologies to engage – unless you simply want a good and hearty meal in the process.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Federal Employee Disability Retirement Benefits: Examples

What if we never grew up with any?  Is it not by metaphor and analogy that we all escape the citadel of ivory towers and the dangers of glass barriers and unseen traumas?  They tell us that the early years of “imprint” are crucial for stability, development and self-discipline against asocial behaviors; yet, even after the crucial years following the correlation subsequent to the first encounter with the world, and just before the turmoil of puberty and into adulthood, there are indicators that failure of examples to take hold can still be corrected in order to prevent the ghastly concretization of personality misfits, where pathological deviancy may yet be avoided.

Are examples important?  Like paradigms upon which theories are tested, and foundations that gird the architectural integrity of a high rise, they provide the basis and essence of a personality otherwise left to miscreants of changing winds and altering tides.  Tectonic shifts in the undersea of the human soul can bring out the tidal waves of cruelty and conduct unbecoming; parents hope that the midnight call from the sheriff’s office is not a reflection of any apparent failure, or the alluring eyes of guilt and condemnation when asked how the toddler learned it, and the babbling mouth which emits the torrent of shivering fright:  “My parents taught me.”

Yet, negation and trepidation of containment just so that one’s own reputation will not be sullied, are often wanting.  To “not” engage in examples of bad exemplars is merely a negation of purpose, and fails to address the positive requirement of that which an example entails.  For, negation of a positive mandate merely leaves one with a nothingness in a world of meaning where there is a plenitude of bad examples.  Not providing the positive input will merely allow for innocence to be tattered and jostled; for, where there is a vacuum, the desire to fill and load will come from influences unwanted and unwelcomed.

In a society where there is no mechanism for generational transfer of wisdom, the young are at the mercy of the whims of those who lurk in corners of bestiality and congregations of cultish canopies; there is no such thing as innocence, anymore – just stupidity clothed as symbols to be desecrated.

For Federal employees and U.S. Postal workers who are filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management “for the first time”  — how often is there a subsequent event?  — Such an act of preparing, formulating and filing for Federal Disability Retirement benefits is always Act I, Scene I of the end of one’s Federal or Postal career.  As it occurs in the first introduction to one’s life-play, there are no “examples” to follow; except, perhaps, to consult with an attorney who is experienced in matters of Federal Disability Retirement law.

As such, where there is failure of a newborn’s imprint, and no paradigms of prodigies to follow, the effective preparation in a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS of CSRS Offset, may well be in seeking the advice and counsel of an example set by a person who has previously avoided the pitfalls and obstacles of such a complex administrative and bureaucratic endeavor.

Sincerely,

Robert R. McGill, Esquire