OPM Disability Law: The Fatigue of Profundity & Requirement of Repetition

Profundity is overvalued.  With the advent of the internet and information technology, the widespread dissemination of seemingly esoteric array of knowledge and know-how (yes, there is a distinction with a difference between the two), everyone is vying for the heard voice, and the break-out from the herd.  One becomes easily fatigued by seemingly deep insights, or “new” data and facts upon otherwise mundane concerns.

Repetition is considered as a trait of boredom; but the longer one lives, the more one recognizes that there is truly little new under the sun, and the apparent newness of X is merely a regurgitation of the old Y of yore.   But repetition does have its own uniqueness of value, and inherent strength of significance.  For, often, a person who turns the same corner as thousands, and tens of thousands before, may be encountering the next block for the first time, and what those before him or her did has little to no significance to the epistemologically privileged experience for that singularity of uniqueness.

Thus, for Federal employees and U.S. Postal workers who experience a medical condition, such that the medical condition begins to impact one’s ability and capacity to perform the essential elements of one’s job, the knowledge that many, many Federal and Postal employees before were able to file for, and get approved, Federal Disability Retirement benefits through the U.S. Office of Personnel Management, so long as one is under either FERS, CSRS or CSRS Offset, the comfort of which one may partake rests in the fact that one is not alone; yet, it is not purely a “repetition” of sameness but a genus of similarity; for, as each medical condition and every circumstance reveals a uniqueness which must be dealt with individually, so each Federal Disability Retirement case must be handled with care.

At the same time, however, it is of value to recognize that repetition of relevant laws, statutes and regulations, cited in the ordinary course of preparing an effective Federal Disability Retirement application, is necessary for success in obtaining the benefit.

From the standpoint of OPM, the fatigue of profundity comes in failing to view a particular case with “new eyes”; from the viewpoint of the Federal or Postal worker who is filing for Federal Disability Retirement benefits for the first time, it is the inability to recognize the requirement of repetition which often results in an ineffectual formulation of one’s case.

Sincerely,

Robert R. McGill, Esquire

 

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