Disability Retirement for Federal Government Employees: Next Steps

It is always the next steps which determine the relevance and efficacy of the prior ones; a misstep can extinguish the progress made from the ones before; a stumble can irrevocably diminish the gains already made; and a fall can destroy the foundation of past steps already taken.

What to do next? We can stumble through; brashly forge forward despite unmapped territories that can harm and destroy; and we can even try and “manage” things by taking small, incremental steps, with trepidation and lacking of confidence, hoping for good things to occur despite our best wishes and hopeful optimism.  Or, we can consult with experts and specialists in order to gain a roadmap, or even hire a guide who has been down this mountain path before, and allow for the gains already garnered to account for something, instead of blindly destroying all that we worked for by forging ahead thoughtlessly like the proverbial bull in a china shop.

That is the problem with Federal and Postal employees who try and prepare a Federal Disability Retirement application without expert legal assistance: every case prepared by the person suffering from the medical condition believes his or her’s to be a “slam dunk” case — for, if the one who suffers from the medical condition prepares and submits his or her case, it is the same person “one and all” of the person experiencing the medical condition and the one who describes the very experience, such that no amount of objectivity can maintain the necessary distance between the two.

Consulting and hiring an attorney who specializes in preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, may not necessarily guarantee a “win”; but it does help to ensure that the next steps do not extinguish the prior years of investing in your Federal or Postal career, by making sure that the next steps mean something beyond the stumble, hesitation, or sudden fall.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement: Meeting the basic requirements

As with any endeavor, meeting the basic requirements is the minimum standard.  For Federal employees and U.S. Postal workers who are considering filing a Federal Disability Retirement application, it is important to understand the basic eligibility requirements in order to qualify for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Here are a few: The minimum Federal Service requirement (18 months); of having a medical condition during the tenure of one’s Federal Service that prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal position; and an inability by the agency to provide reasonable accommodations or reassignment; and some further factors to be considered, as well.

Beyond the basic requirements, of course, are the technical issues that have developed over many years and decades, primarily through statutory interpretation as expounded in court cases and decisions handed down by the U.S. Merit Systems Protection Board and the Federal Circuit Court of Appeals.  There are, moreover, legal refinements and interpretations that go beyond the “basics”, and while meeting the basic requirements is an important start, it is critical to understand the technical legal refinements which have evolved over the years. “Always start with the basic requirements; and from there, consult with an expert for further details.”

Such is the sage advice often given before involving oneself in a complex process, and Federal Disability Retirement Law is one such administrative endeavor that should take such counsel into account.

Start with meeting the basic requirements — of the minimum 18 months of Federal Service; of having a medical condition such that the Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s Federal or Postal job; and from there, seek the advice and counsel of an attorney who specializes in Federal Disability Retirement Law — another “basic requirement” in preparing, formulating and filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Filing for OPM Disability Retirement: Distant lights dimming

How can distant lights dim when they are mere specks upon a blanketed panorama of darkness?

One looks up at the stars and we are told, of course, that the sparkling tapestry may contain those which are already vanished, and what we “see”are merely the residue of a dead or dying star.  In a universe based upon a visual-centered arena, the reliance upon sight to establish facts and verify truth-statements cannot be avoided.

That was Berkeley’s problem, as well — and one which he deftly avoided by re-defining the definition of existence by tying it inextricably with “perception”, including visual, auditory and tactile means.  Much later, and after a series of devastating criticisms launched at the entirety of empiricist tendencies that some would counter artificially manufactured unnecessary philosophical problems (but isn’t that the “fun” of philosophy — to always be left with more problems to solve than the day before?) which haunts us to this very day, Wittgenstein came along and waved aside such conundrums by relegating all such issues to mere problems of linguistic confusion.

Thus was reality divorced from the language we use to describe the phenomena that surrounds us, leaving science left standing as the Last Man and the primacy of philosophy relegated to the dusty shelves of Medieval Times.  Distant lights dimming?  No more a problem than the campfire dilemma — for, do we say that because we cannot precisely pinpoint the demarcation between light and darkness at the periphery of a glowing campfire, that therefore no campfire exists at all?  Of course not!

It is thus not the result of the physical objectivity of the world around us that confuses, but the inadequacy of language that confounds.  Yet, as Man must communicate by means of language and operate effectively within the objective world, so the development of various “language games” must by necessity evolve into greater heights of absurdity.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition impacts upon the reality of the “objective” world — entrance and introduction into the binary universe of language games and the greater world at large must also, by necessity, come together in the form of preparing, formulating and filing an effective OPM Disability Retirement application.

You have the medical condition; the medical condition is impacting your ability and capacity to continue in your present position as a Federal employee or U.S. Postal worker.  Such a medical condition may necessitate filing for Federal Disability Retirement — but understand that submitting a “paper presentation” to the U.S. Office of Personnel Management, whether you as the Federal or Postal employee under FERS, CSRS or CSRS Offset, requires an adequacy of language that must go beyond the reality of the medical condition itself.

And like the distant lights dimming, what actually “is” may be divorced from the language which must be carefully chosen and transcribed, lest such inadequacy fails to describe and delineate the reality of the medical condition from which you suffer.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Medical Retirement: Agencies and the Opium Den of Yore

They were dark caverns of gatherings; residual consequences of colonialism; and though denied in polite society, the lure of addictive aroma wafting ever pervasively brought men and women repeatedly to the doors which opened for the pleasurable moment of escape.  It was like going back, and staying, despite knowing the harm it did, would do, and could wrought, even with the knowledge of the harm portending.  But the residue of the sweet scent would remain, like an invisible thread tugging at the weakest corners of the soul, to return, return, return.

Life tends to do that; of drawing people back, and holding on despite knowing that it is not good for one; and perhaps that explains, in part, those who remain in abusive relationships and engage in self-harm and behavior of self-immolation.

For Federal employees and U.S. Postal workers who remain with the same agency, in the Federal sector or the U.S. Postal Service, knowing that continuation in the same job inflicts harm and continuing, contributing deterioration of one’s medical condition, the agency itself and the U.S. Postal Service becomes like the opium den or yore.  One returns, knowing that the abusive behavior of the entity will only continue to pervade with a constancy of greater aggression.

For Federal and Postal workers who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s positional duties, the need to separate from the Federal Service or the U.S. Postal Service — like the addict who requires the sheer determination and willpower to stay away from the opium den — often remains the only solution.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is a planned escape route in order to (A) rehabilitate one’s medical condition and (B) secure an annuity in order to attain a semblance of financial security, both for now and for the future.  As such, any Federal or Postal employee who finds that a medical condition is impacting one’s ability to perform the essential elements of one’s job, and who sees the sign of future adverse actions on the part of the agency or the U.S. Postal Service, needs to consider the steps necessary to prepare, formulate and file for Federal Disability Retirement benefits through OPM.

One need not be an addict of foregone years wandering through the streets searching for an opium den in order to engage in self-inflicting behavior; it may just be that one is merely a Federal or Postal employee engaging in similar behavior, and not fully realizing the options available.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement Attorney: Negating the Sense of Panic

It comes upon all of us; the stealth of the sapping subtlety; the interruption of sleep, once removed in the quietude of dawn’s calm but for the far echoes of distant yearnings once deliberated, but as in the morning dew which forms soundlessly upon the bending blade of beatitude, the slow slide and dissipation tells us with an alarm that awakens:  What am I doing?

Panic is the alarm system which propels with an urgency, and often it results in the furious activity of unproductive futility.  Are we merely spinning our wheels?  A sense of one’s fate, the inevitability of timeless onslaught; these are all buttons pushed which call upon a person to act.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact and prevent the Federal or Postal employee from performing the essential elements of one’s Federal or Postal position, the sense that “something” needs to be done is always just around the next proverbial corner, and leaves one with the feeling of unease and panic.  And while King Lear may admonish his daughter of brevity by noting that nothing comes from nothing, the “something” which we do should not be merely engaging in acts of futility, but constructive advancements toward a teleological embracing of an identified goal.

Preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, for the Federal employee and the U.S. Postal worker, is a concrete goal with tangible benefits to be accrued.

As panic is an ephemeral but powerful sense of the unknown, the antidote to performing non-constructive modes of activities is to recognize, identify and initiate a concrete process with actual ends; and for the Federal or Postal worker who has realized that continuation in the Federal or Postal job is no longer a viable option, preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, will help to negate that nagging sense of panic, and compel one towards a constructive and productive future.

Sincerely,

Robert R. McGill, Esquire