Delaying the Filing of Your OPM Disability Retirement Application

Delay temporarily suspends for a time in the future; sometimes, at the cost of immediacy of pain, but the human capacity to ignore and obfuscate allows for procrastination to be an acceptable act of non-action.  But certain issues defy the control of delay; medical conditions tend to remind us of that, where attempted suspension of dealing with the pain, the progressively debilitating triggers, or the panic attacks which paralyze; they shake us to the core and pursue a relentless path which betrays procrastination.

For Federal employees and Postal workers who suffer from a medical condition, such that the medical condition prevents him or her from performing one or more of the essential elements of one’s job, filing for Federal Disability Retirement becomes an employment option.

When to file has some room for delay; it is, after all, the underlying issue which must be attended to first and foremost — that of the medical condition.  But the Statute of Limitations in a Federal Disability Retirement case imposes a structural administrative procedure which cannot be ignored.  The Federal and Postal worker who is separated from Federal Service must file a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, within one (1) year of being separated from Federal Service.

So long as the Federal or Postal worker is on the rolls of the agency, the tolling of the statute of limitations does not begin; but once separation from service occurs, the 1-year clock (with some exceptions, but ones which you should not rely upon to subvert the statute of limitations) begins.

Delay for a specific purpose is sometimes acceptable (if one is still on the agency rolls), as in undergoing a medical procedure or seeing if a treatment regimen will work; but delay beyond the bureaucratic imposition of a statute of limitations is never one which should be allowed, as the benefit of a OPM Disability Retirement annuity will be barred forever.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Workers: Fear, Anxiety, Loathing and Acting

To “act” can have multiple meanings; one can be engaged in “make believe”, or merely doing something as opposed to talking about it. One can participate in a pretense (“he was putting on an act”); but perhaps engaging in pretense is not dissimilar (forgive the double negative; it sounds phonetically pleasing — but, then again, to say “sounds” and “phonetically” requires further forgiveness for unnecessary redundancy; and finally, is it not a double redundancy to speak of unnecessary redundancy?) to being on stage, or in a movie, and acting as actors do, except in an unpaid status.

In that sense of the word, we all engage in such semblance of who we are or what we want to appear to be.  Further, such pretense and concealment of one’s essence is often based upon the fear one imagines; the anxiety one experiences; and the loathing one encounters if such outward appearances are not performed.

For the Federal or Postal Worker who suffers from a medical condition, such that the medical condition must be hidden from public view because, to fail to conceal would mean that one would become subjected to an agency’s or Postal Service’s reactionary retaliation in dealing with such issues — the emotional turmoil of fear, anxiety, loathing and acting is a commonplace, daily experience.

Fear of what the agency will do; anxiety from the constant fight against the medical condition and the concealment in order to continue working; loathing of what may have to be faced today; acting in order to cover and hide to get through another day. But it is often in the secondary meaning of the verb, “to act”, which finds the penultimate resolution of such a quandary.

Acting — “doing something” — as opposed to engaging in pretense, is the solution.

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 or CSRS, is the concrete step from mind-to-matter. It is often the act itself which resolves the turbulence of a crisis.

For, it is the actor on the greater stage of life, in real time, in genuine situations, where pretense and make-believe are shoved aside for masks and make-up artists, and when the reality of the essence of what is important in life comes to the fore — that is where action intersects with the artificial world of acting, and where one must walk off the stage of make-believe and instead cook one’s own meal, as the reality of necessity overtakes us all.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: The Control Factor

Procrastination is Man’s feeble attempt to control the inevitable march of time.  In the midst of a technologically complex world, where we no longer control the advance of events or circumstances which impinge and invade upon our lives, the subjective cocoon we weave to withstand the onslaught of uncontrollable external subjugations will take many and varied forms.

Time, events and actions occurring daily around us continue in their linear course of unfolding revelations without input or necessity from the individual; technology advances without any particular reason or rationale; or so we believe.  But by delaying, we delude ourselves into thinking that we are Masters of our own destiny.

Such an attempt at controlling the inevitable onslaught of that which we have no influence over, is tantamount to an impotent protestation, nothing more than a juvenile “sit-in” like children refusing to eat their carrots or broccoli, although at least in those examples the elements resisted were purportedly healthy for us. What we often fail to understand, however, is that the very attempt to control is often that which is harmful to us.

For the Federal and Postal employee who suffers from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, there is often a long and deliberate delay between the onset of a crisis resulting from a progressively deteriorating medical condition, and the preparation, formulation and filing of a Federal Disability Retirement application.

This is the natural course of things.  For, the very factors over which the Federal or Postal Worker has no control over — time, the medical condition, one’s deteriorating health — all serve to impart a sense of loss of destiny.  But to delay and procrastinate will only exacerbate the inevitable; Federal Disability Retirement through the U.S. Office of Personnel Management, whether one is under FERS or CSRS, is the best step to reach that oasis of rehabilitation and quietude.

But like the child who knows not what is good for one’s self, it is often the rebellious and feeble attempt of Man to control that which is beyond one’s control, which potentially results in the downfall and destruction of one’s future.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Excuses

Language is the vehicle by which self-justification is established.  Think about it; if we assume that there is a conceptual void in the mind of other animals, that the consciousness of a squirrel, a raccoon, an owl, etc., is devoid of language as we employ it, then how can procrastination or delay occur?  It is precisely language and the tools of conceptual constructs which provide for an “excuse” for response to a stimuli, and allows for human action to be prevented.

The will to act or refrain from acting is often considered the hallmark of higher intelligence; but intelligence itself can be a detrimental quality, allowing for self-destructive actions resulting from a string of illogical but persuasive reasonings.  Where lack of intelligence provides for the immediacy of response to a presented encounter, so the presence of it in elevated forms will allow for justifying delays to such responses, even if it means a magnified danger to one’s own survival.

Excuses and self-justifying declarative sentences allow us to maintain a false sense of security by providing foundations for continuing on a path of self-destruction.  That is precisely why the Federal and Postal employee who suffers from a progressively deteriorating medical condition can maintain a semblance of normalcy despite physical and cognitive indicators to the contrary, sometimes for months, and even for years.  But pain and cognitive dysfunctions have a funny way of reminding the body and mind of danger signals.  Brain synapses communicate the growing danger, and they continue to alert until the time comes when no more linguistic justifications will maintain that false sense of security.

When that time comes, the Federal or Postal worker must consider the option of filing for Federal Disability Retirement benefits, whether under FERS or CSRS, through the U.S. Office of Personnel Management.

There is always time for being excused, and sometimes it is well-justified; then, there are other times when the exhaustion of excuses comes to a crisis point, and one must consider a different path.  That “different” path is the need to have a restorative period of recuperation in order to attend to one’s impending medical condition.  Federal Disability Retirement, under FERS or CSRS, is just that allowance for recuperation, and is a path of difference for many Federal and Postal employees.

There are excusable considerations, which last for a time; but time is a linear movement of bodies, and on the universal scale of progression, there comes a point when both time and excuses run out their course of self-justifying efficacy.

Sincerely,

Robert R. McGill, Esquire

Early Medical Retirement for Disabled Federal Workers: Cocoons

A cocoon both insulates and protects; it allows for the entity inside to feel a sense of security, and provides a veil which prevents “outsiders” from seeing in.  Homes for humans provide a cocoon; thoughts hidden in the recesses of one’s mind constitute a metaphorical cocoon of sorts; and the conscious and deliberate covering up of a medical condition will allow for a temporary preservation of one’s privacy, until such time as manifestation of symptoms can no longer be concealed.

For a time, temporary measures can be effective:  writing short notes to oneself can compensate for short-term memory problems; taking leave in targeted ways, allowing for 3-day weekends so that one may have the recuperative period in order to recover from impending exhaustion and profound fatigue can alleviate and be a palliative measure; timing the ingestion of pain medications and other prescribed treatment modalities can insulate and provide the cocoon-like security of privacy.  But in the end, the progressively deteriorating medical condition will often require a choice; for, even the inhabitant of the cocoon must leave the relative security of the insulation at some point, or perish by remaining.

For Federal or Postal employees needing to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the choice to take the steps necessary to begin the process will often be delayed so long as the cocoon can be maintained. Waiting too long, however, can have detrimental reverberations.

Look at the insect world; they offer greater wisdom than what we give them credit for.

Sincerely,

Robert R. McGill, Esquire

OWCP Disability Retirement for Federal Government Employees? Beware the Lull of Complacency

Monotony is a state of being which we often criticize, yet unintentionally seek; for it is that hiatus of quietude which allows for thoughtful reflection, and recuperative islands of serenity, which serves to prevail upon an otherwise maniacal universe of a fast-paced technological world of smart phones, email, and the constant drone of machinery and demands of the modern decalogue.

But the problems inherent with the calm of normalcy is that it serves the unwanted plate of complacency; and it is precisely the latter which then results in procrastination, a sense that things can wait until tomorrow — until that tomorrow leaves us in the throes of yesterday.

And so it is with Federal and Postal employees who remain on OWCP/Department of Labor benefits, where the luxury of being paid 66 2/3 % if without dependents, and 75% with dependents, provides for that period of life when nothing moves and everything remains static, while one attempts to recuperate from an injury or occupational disease.  But as one remains in that island of calm, the world — and time — continues to march on (do the young of today fully understand the metaphor of time in this digital age where the rhythmic constancy of a ticking clock is no longer heard?).

The Federal or Postal employee might receive a notice of separation from Federal Service, but since the OWCP payments will continue, not think twice about such mundane consequences.  But Federal Disability Retirement benefits must be filed for within one (1) year of separation from Federal Service; and when the hiatus of OWCP benefits is suddenly terminated, the world of monotony may turn upside down into one of unintended turmoil, unless a “back-up” system of benefits was applied for.

Reflective moments are a positive thing; inaction for too long, however, often results in atrophy — a state of being which is never a positive one.

Sincerely,

Robert R. McGill, Esquire