Attorney Representation for OPM Disability Claims: Sacrifice

What does it mean to sacrifice?  Is it a concept learned, or an act embraced during a moment of trial?  If not learned, can it occur when two strangers meet, or do the circumstances, upbringing, genetic material inherited, etc., all make the difference?  And of “learning” — can it be by osmosis, classroom lectures, or purely by observing and watching others engage in the act of sacrifice?  What compels a person to sacrifice one’s own life, well-being, wealth, the shirt on one’s back, or the last dollar in one’s pocket, and does it count at all if it is done for one’s own self-aggrandizement?

Say a person sacrificed a limb in order to save another’s life, but remained anonymous except for the inquiring reporter who wrote a piece delineating the admirable qualities of that person, etc.  We would all likely read such a story with interest and read it and share it with out children, friends, family, etc., and talk about good character displayed and the fine example shown.

What if that same sacrificing person was overheard to have said, “If I had to do it over again, I wouldn’t have done it.”  Would that change the calculus of our thoughts?  Would we think less of the person for having second thoughts?  Or, would we suspend our disbelief and say, “Oh, he’s just saying that because living without a limb must be traumatic, but he doesn’t really mean that.”?

What if, in addition to the sacrificing individual making such a statement, it turns out that the sacrificial act was just an accident and was not deliberately intended — would that further downgrade our admiration for the person?  What are the qualities that must all come together in order for an act of sacrifice to be admired and shown as a paradigm of exemplary behavior?

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of the Federal or Postal job, the intersecting issues between enduring the pain and difficulties of a medical condition, with the requirements of performing all of the essential elements of the Federal or Postal job, come to the fore when reflecting upon the conceptual paradigm of “sacrifice”.

At what point does sacrifice turn into foolhardiness?  Is it when the pain and suffering can no longer be endured and others, including the Agency or the Postal Service itself, begins initiating the process of removal or placing you on a Performance Improvement Plan?

While we may never know precisely the distinction and difference between sacrifice and self-destructive behavior — what people mistakenly obscure between “bravery” and “bravado” — what should always be kept in mind is the unmistakable fact that one’s health should be a primary concern, and that “sacrifice” should be reserved for a worthy cause.

Thus, when the intersecting ideas of “sacrifice”, “work” and “health” clash as irreconcilable differences, a divorce must occur between the three at some point, and preparing, formulating and filing an effective 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 may be the best option left before throwing away the chance of an admirable act of sacrifice is lost to an unworthy cause at the price of one’s own health.

Sincerely,

Robert R. McGill, Esquire

 

 

Federal Disability Attorney: Beliefs beyond boundaries

There are beliefs that are presumed to be true, if not merely conventional.  Superstitious beliefs, so long as they do not interfere with daily activities and being productive, are acceptable; believing in the existence of aliens on other planets, for instance, or even that some have visited this planet, will not make a difference in the conduct of one’s life; on the other hand, if the same person believes that the alien is invisible and shadowing him wherever he goes, it might begin to impede ordinary and acceptable behavior.

There are “flat earth” associations, and one may cling religiously to the belief that the earth is flat and not round or oval, and argue vociferously that when you walk and see the horizon, there is no indication other than that the earth is flat; and such a belief would likely remain harmless and largely irrelevant.

Then, of course, there are beliefs beyond boundaries of acceptable and normative accountability, like embracing a belief in a date certain that the world will end, where such a belief results in preparation for the coming doom, spending all available resources in building and reinforcing a bunker constructed in one’s backyard, quitting one’s job in order to prepare for the inevitability of the end.  Or, of a belief that all women on Thursdays who wear blue are germ-carriers, because when Jason was five years old there was a woman who wore blue on a particular Thursday who stopped, patted him on the head and said, “Nice boy”, and on that very day, by that woman who wore blue, he became deathly ill and ended up in the hospital for two months teetering on death’s doorstep.

Is that an “unreasonable” belief to have?  Can one not make the argument that there is a “rational” basis for such a belief, and it is within the reasonable boundaries of acceptability?  Would you call such a person “crazy”?  And, so long as he goes to work each day, is productive, doesn’t harm anyone – and no woman on Thursday enters his cubicle wearing blue, he never runs out screaming, “Don’t let her touch me!” – no one would be the wiser for holding such a belief.

And of the Federal or Postal employee who refuses to take the necessary steps to file for Federal Disability Retirement benefits because he or she believes that taking “advantage” of such a benefit means that he or she is no longer “worthy” – is that a belief beyond boundaries of rationality?

Yet, that is often what pauses the Federal or Postal employee from preparing, formulating and filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management – the mistaken belief that is beyond the proper boundaries that there is something inherently “wrong” with the Federal or Postal employee when you file for OPM Disability Retirement benefits, when in fact all you are doing is to finally recognize that health, life and one’s well-being are more important than killing yourself over a job that has always accorded the benefit of a Federal Disability Retirement.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Long Goodbye

The relegation to the basement office; the loss of niceties with coworkers; the negation of superlatives from higher ups; the clues become overt, blatant and uninviting.  Long goodbyes are often fertile ground for the souring of relationships forged over decades, and human interactions which reveal a perversity once thought uncommon.  Does the past count for anything, anymore?

Medical conditions and their impact are meant to evoke empathetic responses; instead, they often bring out the worst in humanity.  For Federal agencies and the U.S. Postal Service, they portend of headaches and interruption of efficiency; they are a bother.  For the Federal employee and the U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to prevent one from performing one or more of the essential elements of one’s positional duties, the growing absences, the need to attend to one’s medical conditions — all become the priority of life and living.

From the agency’s viewpoint, it is a malignancy of logistical magnitude; another problem to be solved; and the longer the goodbye, the greater the extenuating interruption.  It is this clash of interests which calls for resolution.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, is an indicator to the agency that there is an end in sight, and once filed, it is merely a waiting game before finality of decisions is reached.  Often, the mere filing relieves the increasing pressure felt, like the encasement of boiling water which needs an outlet.

Medical conditions often require a long journey of sorts; it is the long goodbye which makes it all the more evident.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Attorney: The Social Security factor

For Federal and Postal employees under FERS, who now comprise the majority of the workforce in the Federal government, the issue of when to file for Social Security Disability benefits (SSDI) while concurrently filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, is often a recurring question.

On SF 3112A, at the very bottom of the standard form, there are two boxes to check with respect to whether (A) Social Security disability benefits have been applied for, and (B) whether the receipt has been attached and included with one’s Federal Disability Retirement application.

Since most FERS Disability Retirement applicants are still on the agency’s rolls as either active employees, on Sick Leave, Annual Leave or Leave without Pay, the filing for Social Security disability benefits becomes an anomaly, a puzzle and a conundrum, precisely because of the following: Ultimately, the reason why Social Security disability benefits must be applied for, is to see whether or not a coordinating “offset” between FERS Disability Retirement benefits and Social Security disability benefits will be appropriately imposed (a 100% offset in the first year of concurrent receipt of benefits where the annuity rate for the FERS Disability Retirement annuitant is set at 60% of the average of one’s highest-3 consecutive years of service; then, every year thereafter, a 60% offset during each year of concurrent receipt of Federal Disability Retirement benefits at the Federal Disability Retirement annuity rate of 40% of the average of one’s highest-3 consecutive years of service); but presumably such an analysis leading to an offset would occur if an approval by the Social Security Administration is based upon information concerning the severity and extent of the medical condition and disability, and not because a denial of Social Security disability benefits is based upon one’s status of employment.

But here is the “rub”:  Human Resource Offices often will demand and insist that Social Security disability benefits must be filed for, before the Federal Disability Retirement application can be forwarded to OPM.  Nothing could be further from the truth; but then, as gods, dictators and other power-wielding fiefdoms comprise the vast expanse of authoritative sources in the universe, it is often a good idea to go with the flow, file (with minimal effort expended), obtain a receipt which shows that one has filed, and be asked at a later date to duplicate the effort, if needed.

Sincerely,

Robert R. McGill, Esquire