OPM Disability Retirement Benefits: The Inside View

There is the “outside” perspective as opposed to the “inside view”, and that is the mistake people make in various sectors of life: The “outsider” believes that, from a position and perspective of detachment and therefore objectivity, he or she is able to better assess, evaluate and analyze the event, situation or conditions experienced than by those on the “inside”.

By contrast, the “insider” views the outsider with suspicion, contending that he or she has no idea about the experiences and existential difficulties faced by the insider, and that a detached, objective viewpoint which fails to take into consideration the subjective, “personal” side of things misses the essential point of the issue.

It is the tension which exists between the townspeople and the “out-of-towner”; the one who lives in a community as opposed to the renter or investor; or of the person who drives around the neighborhood admiring the green lawns, the peaceful nature and the tranquility of a community, hoping to one day purchase a home there without knowing the problems inherent — say, that the water is contaminated or that there has been a rash of burglaries on the rise in recent years.

How does one break the invisible wall between the inside view and the outside perspective?  When does the demarcation between the two disappear?  Do numbers of years living within a community determine whether an outsider becomes an insider?

For Federal employees and U.S. Postal workers who are considering preparing, formulating and filing an effective Federal Disability Retirement application because of a medical condition which has come to a critical point where the Federal or Postal worker can no longer perform one or more of the essential elements of one’s Federal or Postal job, it often “feels” like one has all of a sudden become an “outsider” again — not only from one’s own agency or the Postal Service, but moreover, because of the complexity of the administrative procedures and bureaucratic morass of the U.S. Office of Personnel Management — of the sense that the whole process is strange and detached.

Consulting with an attorney who specializes in Federal Disability Retirement Law is a good first step in bridging the gap that widens when first encountering that feeling, in order to get an “inside view” of what it takes to prepare, formulate and file an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement under FERS: Castles in the air

Is it the same idea as Cervantes’ Don Quixote who charges at the wind mills?  Or of Don McLean’s soulful lyrics when he wrote, “And if she asks you why you can tell her that I told you, That I’m tired of Castles in the Air.”?

Is there a difference between dreams and visions realized, and those that remain as castles in the air?  Are such unrealized castles merely the childish remnants that were left behind within the bundled laughter of grown-ups who saw the folly of youth, or are they they vestiges of frustrations discarded because, when we “grow up”, we realize that reality doesn’t quite share the optimism of youth’s unfettered vision?

Whatever the origin, wherever the spark, it is important to preserve a semblance of a dream, even if never realized.  The “dungeon” is its antonym, where all such dreams drain because the lowest point of any location is where the water flows and the desolation of a desert abounds.

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, it may well be that castles no longer exist in the air or elsewhere; that the medical condition itself has become the “reality” that one must deal with, and castles — in the air, on the ground, or somewhere far away — is a luxury one cannot afford to even consider.

And filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management may be the farthest thing from childhood dreams of what you saw yourself achieving; but in the end, it is the best option available precisely because it frees you from the workplace harassment, embarrassment and resentment where work is no longer compatible with your medical conditions; and as for those castles in the air?

They may still be there once you can focus upon and regain your health; for it is the dream even unrealized that allows for human creativity to spawn and spread, but the pain of a chronic medical condition is what makes of us all the Don Quixote who charges at harmless windmills.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Beyond the weekend respite

It is always something to look forward to: Whether the regular rhythm of the 2-day, the “extra” delight of the 3-day, and the deliciously unexpected 4-day weekend when the time of rest is doubled and by the end of it, you’d almost forgotten about the frenzy of your day-to-day work schedule.

Do we “make up” for sleep?  Those so-called experts who claim that loss of sleep, once lost, can never be redeemed, clearly don’t know what they’re talking about.  A couple of naps; an extra hour of dozing; of coming to a profound realization that the sun can actually rise while a person is still asleep, and that consciousness need not precede the earthly rotation that allows for a peek of dawn — these are all revelations that can come on the weekend.  But then there is Monday; or the day after the 3-day weekend; and the day after that.

Years ago, in the idealism of one’s youth, one resolved never to live like this: As each day is a gift from God, one should not lack the relish of living during the week any more than on the weekends.  Yet, that is the cycle that most of us accept — of a bifurcation of leisure/work, enjoyment/dread.  And, in the end, there is nothing wrong with such a distinction; except when there is a despised exaggeration between the two.

The weekend is meant to be the respite away; but when the respite engenders a greater fear and dread of the following Monday, where restorative sleep cannot be attained no matter how much slumber is embraced, and when pain and recovery can never attain a level of coherent balance, then it is time to reconsider: Is this how life is meant to be lived?

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 — and, just as importantly and concurrently, where beyond the weekend respite there never seems to be an end to the race for recovery — it is time to consider filing for OPM Disability Retirement benefits under FERS.

When leisure is merely a time of suspension in the dreaded Mondays of work’s cycle; and where the treadmill of life’s spectrum between work and time-off is so out of balance that one cannot distinguish between the waking moment and sleep, or work and play because the medical condition is all-consuming; then, it is time to consult with an attorney who can guide you through the complex process of filing a Federal Disability Retirement application through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement for Federal Employees: Age

It is only that proverbial “state of mind” for those it does not impact; then, when reality sets in, the decrepit bones and uncooperative muscles, inability to will the stamina to rise to the occasion, and the creaking temerity of organs unable to muster the vitality of even a decade ago, we submit to the currency of our own destiny.

We can scoff at it; deny it; attempt to defy its residual consequences; and even remain indifferent to its effects; but in the end, mortality demands a say in the matter, and age is like the ravages of time and the echoes of a haunting flaw:  inescapable and unwavering, it creeps up and declares its prominence at the head of the table.  Some feel the effects well before the standard time; others attempt to revolt and rebel until the impervious universe indifferent to human incantations of defiant ineffectiveness simply ignores the pleas of hopeless tumult.

Age comes upon us like that undeniable thief in the night, burglarizing the last remaining hope and hint of a better tomorrow.  Of course, the connotation can be twofold or more:  Of the linear quantification from birth to the present, counting in solar years and seasons of rotational inevitability; or, it can denote a state of moving beyond the halfway point and into the pendulum swing of destiny evidencing man’s mortality.  There are, of course, other meanings – of a certain epoch or period; uses like, “coming of age” or applying it to various methodological interests in placement within a period of history.

For Federal employees and U.S. Postal workers who are contemplating preparing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the relevance of the term is multitudinous:  Age in terms of eligibility towards regular retirement; how old, but more importantly, can one continue until retirement age, or will the ravages of time, medical conditions and deteriorating workplace environment lead one to such a decrepit state that to continue on would merely evoke a devastation of any future hope of enjoying retirement at all?

For, when the stated age of one’s linear presence in this universe is far less advanced than how one feels “health-wise”, and the hollow look of hopelessness prevails where the future is merely a black hole of bleakness, another turn of pain and suffering, and no amount of “positive-thinking” will brighten an otherwise dismal perspective, then what would be the point of continuing to struggle just to meet the linear statement of age, but have no joy left to reap its benefits promised?

Preparing an effective Federal Disability Retirement application, to be submitted to OPM, is an option to consider, when age cannot be prolonged to meet the eligibility requirements for regular retirement, and the body, mind and soul are screaming out that one’s career has come to a point where age is no longer a factor in considering whether or not the essential elements of one’s positional duties can be met – instead, the proverbial dawn of an age forthcoming requires that something must give, but age is simply an echoless march of time that hears not such cries of rebellion or protest.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Civil Service: The Clock

It is an interesting device.  We can try and project back to a time of its non-existence, or at least when not every household owned one.  What could it have been like?  Where the hour was guessed at by the position of the sun – or was that not even part of the thought process?  Did the sun, dawn, dusk and twilight merely present a foreboding for a different paradigm?

Certainly, minutes and seconds likely had conceptual meaninglessness, and everyone worked, played and lived for the “moment”, without great regard or concern for the next day, the following season, or a decade hence.  Ship’s captains had a greater sense of future foreboding, though not necessarily of time, but of oncoming storms or changes in the currents; farmers lived season to season, and fretted as they still do about droughts or floods that might destroy crops; but as we entered into modernity, it was the grind of the clock that set the day for the city dweller, where payment for labor earned was remitted not by the rising and setting of the sun, but by increments of hours, minutes and labor beyond the darkness of a day ended.

At what point did time entrap us into a thought-process of expectancy that destroys the joy of a living moment?

If Friday provides a needed anticipation for a weekend of rest and repose, we immediately destroy and capacity to enjoy it by looking at the clock and realizing how many hours and minutes have passed by, and further denigrate our ability to appreciate by calculating the remainder of time.  We can become obsessed with the clock – its ticking diminution by projecting the decrease; the foreboding of what is yet to come, though it is merely within our minds; and the constant checking of incremental living of a life as against the clock that rules.

Medical conditions tend to remind us of the clock; or, perhaps it is the opposite, where the clock reminds us of our mortality when we suffer from a medical condition.  For Federal employees and U.S. Postal workers who suffer from a medical condition, such that preparing a Federal Disability Retirement application may become a necessity, the clock can serve as both a reminder as well as an obsession of foreboding thought processes.

Yes, the clock is likely ticking in a proverbial sense in terms of the Agency or the U.S. Postal Service having the patience (does such an animal exist for either?) in trying to “work with” the medical condition (a euphemism often interpreted as, “You better become fully productive soon, or else”), but in a more real sense, the Federal or Postal employee must make a decision at some point as to the prioritizing of one’s health as opposed to the positional elements of the job which is increasingly becoming more and more difficult to fulfill.

By law, the Federal or Postal employee who is released, separated or terminated (yes, there is a distinction between the three, but for the Federal employee of Postal worker, not enough of significance to define them here), the Federal or Postal employee can file for Federal Disability Retirement within one (1) year of such separation from service.  Certainly, in that instance, the clock begins to tick, and not just in a proverbial sense but in real legal terms.  One need not, however, wait for such an event to realize the clock’s significance; watching the clock as the medical condition continues to deteriorate, is reminder enough that time rules us each day whether or not we succumb to it, or not.

Sincerely,

Robert R. McGill, Esquire