Federal Worker Disability Retirement: Oh, but That Youthful Sense of Invincibility

In the beginning, that sense of potentiality was seemingly endless; while the actual constraints, whether based upon one’s own educational or intellectual limitations, or perhaps that proverbial glass ceiling of nepotism, favoritism, or exclusivity of previously-formed bonds and relationships; but ignorance can indeed be blissful, and youthful vigor and enthusiasm makes up for that lack of reality-based experience which transforms us all into crusty old men of cynical negations floating in a universe of perverse ill-will.

The world was full of hope and opportunity, and nothing could stop that bundle of positive energy, naive anticipation, and future-oriented and exhaustive optimism. Even health was of no concern.  Disabilities?  Nary a thought.  Inability to perform one or more of the essential elements of one’s job?  Not to be considered, for youthful vigor and unbounded energy could not contain the late hours and extra, unpaid dedication reflecting loyalty and meticulousness of purpose.

But at some point the reality of the human condition prevails upon us all, and the limitations of the human body, the frailty of one’s psyche after years of abuse, deliberate attacks and unfettered stresses — they take their toll. Time marches unperturbed, but the response of the human body, mind and soul is one of deterioration and decay.

Did that youth consider what benefits were part of the compensation package? Not initially. But later, Federal Disability Retirement benefits, whether under FERS or CSRS, can become an important discovery for those who are beset with a medical condition which prevents one from performing one or more of the essential elements of one’s job.

It applies to all Federal and Postal employees, whether under FERS or CSRS, and is ultimately decided upon by the U.S. Office of Personnel Management.  While such considerations may not have been thought of in one’s youth, such naive indiscretions are fortunately forgivable, and despite such thoughtlessness, the availability remains for all Federal and Postal employees to consider the option of Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: The Knowledge of Others

It is often the spouse, or even the unnamed friend, who comes to recognize the need — even before the Federal or Postal employee.  Whether because of the distance between the person and the medical condition, or out of pure empathy, the “other person” knows that it is time to file for FERS Disability Retirement.  When that knowledge is conveyed to the person who actually suffers from the medical condition itself, then it is beyond the point of filing; it is, indeed, time to file.

In preparing, formulating, and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the truth of the matter is that shirkers are rare, and a premature filing of a Federal Disability Retirement application is rarer still.

Federal and Postal employees who file for Federal Disability Retirement benefits wait until the point at which self-destructive continuation has already passed.  In fact, in many cases, the applicant’s own treating doctor has already repeatedly advised to “change jobs”, “switch careers”, “do something else in life before you really damage yourself“, etc.

That is why there is a (rightful) sense of injustice and unfairness when the agency itself is taken aback, and acts as if there is some nefarious motivation underlying the filing of the Federal Disability Retirement application.  However, what is important, as in all matters of importance, is the self-knowledge that it is indeed time, and those who question one’s motive know not what one’s family, friends, and caring “others” have already determined.

Sincerely,

Robert R. McGill
OPM Disability Attorney

OPM Disability Retirement: Discretionary Selectivity

Having the discretion to do X can have two possible meanings:  One has the power or authority to choose to make decisions; or, alternatively, one has the ability to do X, as in having the judgment and talent to discern in order to selectively choose, refrain to act upon, etc.  The two are not necessarily possessed by one and the same; i.e., the fact that a person has the power or authority to do X does not mean that such a person should, or competently could, assert such power or authority to act.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important for the Federal or Postal employee who is contemplating filing for Federal Disability Retirement benefits, to recognize that while he/she as the potential applicant, has the “discretion” to file for Federal Disability Retirement benefits, it is often unwise to be both the subject of the application, concurrently with being the object of the application, and as such, the highest recognition of discretionary selectivity is to recognize the inability to assert sound discretionary judgment, and to delegate the (applying second meaning of the concept of “discretion”) act to someone else; or, at the very least, to ask for assistance in the preparation, formulation and filing of a Federal Disability Retirement application.

In most issues of life, to be both the subject (the applicant filing for Federal Disability Retirement benefits) as well as the object (the person of whom the application itself is the primary focus of discussion in a Federal Disability Retirement application) presents a difficulty and obstacle, if only because the one suffering from a medical condition is hardly the most objective person to be describing and communicating the essence of the medical condition and its impact upon the subject of the object.

Discretionary selectivity requires the ability to approach issues in an objective manner; but when the subject (the pervasive “I”) becomes inseparable from the central focus of discussion (the “thou” or “him/her”), it is often a good idea to delegate the vehicle of communication.  This is not a matter of split personalities; it is a practical approach in order to “how” best be effective in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire