OPM Disability Retirement Lawyer: The Happiness Principle

A society’s trending obsession is often reflected by the backdrop of books written, published and popularized in culture corridors of mass media; and so the Oprah of timeless celebration never loses its luster for belated works attempting to keep pace with the commercialization of principles which once may have been considered seriously.

Plato and Aristotle addressed the issue; Existentialism arose from the ashes of war, and sidestepped it by considering the bleakness of the human condition; but in the age of technology and the optimism blanketed through mass dissemination of information, the focus has shifted from essence to residual results, where the natural consequences of X becomes the focal obsession of Y.  Happiness was once, in a time of yesteryear, an afterthought to survival, secondary to ethical conduct, and tertiary to a productive life.

Today, it seems that the principle is the primary goal of living, as organisms and amoebas naturally tend towards food sources.  Beyond the happiness principle, however, is the undeniable fact that it cannot be attained when certain interrupting forces blockade and obstruct; and pain, psychiatric conditions and medical disabilities certainly fall into that category.

There is, then, the condition itself (the medical condition) which impedes the happiness principle; and administrative processes (such as Federal Disability Retirement, filed through the U.S. Office of Personnel Management) which constitute a bureaucratic obstacle to corollary life principles.

Obtaining Federal Disability Retirement benefits through OPM does not and should not pretend to resolve medical issues; but it does allow for the Federal or Postal employee to attend to the primary concern underlying one’s life — the medical condition itself. Often, we confuse the essence of a thing with the appearance of that which presents itself to us.

For the Federal employee and the U.S. Postal Service worker, it is important to understand that preparing, formulating and filing for Federal Disability Retirement benefits, whether one is under FERS, CSRS or CSRS Offset, is not the “end all and be all” of attaining the ultimate goal, but rather part and parcel of multiple components which, like pieces of a puzzle, need to be gathered, sorted and organized in order to create that collage of life called contentment.

Thus the “happiness principle”:  perhaps not the destination to be confused, but the quality of the ride to get there.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: At What Cost?

The introduction of the “cost-benefit analysis” (CBA) by the French (who else?) is a quantitative approach in determining whether to go forward with a given project.  There are other approaches, of course, but the popularity of such a utilitarian paradigm is especially attractive to Americans, precisely because it allegedly places a determinable value upon the project, endeavor or issue in question.

But not everything in life is quantifiable in monetary terms; and while the CBA approach can take into account complex factors and assign methodologies of evaluating such that otherwise unquantifiable terms can be converted into numbers, the question still comes down to a simple issue of self-reflection:  Is it worth it?

For Federal employees and U.S. Postal workers who have 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 positional duties, a cost-benefit analysis is often taken with a singularly stark question:  Can I survive on the annuity proposed by statutory authority?

But this often ignores a parallel query, just as stark and similarly singular: What other choice is there?  If the medical condition arose as a matter of a work-related incident, certainly the Federal or Postal employee under FERS, CSRS or CSRS Offset should file for OWCP/DOL benefits; but even then, Worker’s Comp is not a retirement system, and there will likely come a time when it is still necessary to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

The unquantifiable factors in any CBA are those more personal, intangible issues which we rarely desire to face:  What will happen if I ignore the present course of settings?  If I continue to work with my medical condition and somehow reach retirement age, what kind of shape will I be in to enjoy my “golden years”?  Will the agency tolerate my reduced productivity, and what will their next move be?

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is never an easy decision, and should not be taken without a thorough and self-reflective analysis; but it is often an approach tantamount to negative-theology which will bring out the true answers to a dilemma — of what will result if one does NOT do X, as opposed to a quantification of values — and provide the necessary framework for a future reference of positive closure to a human condition which always seems, at the time and moment of suffering, to be a calamity beyond mere dollars and cents, and for which the famous Utilitarian Philosopher, John Stuart Mill noted, that actions are right “in proportion as they tend to promote happiness.”

Sincerely,

Robert R. McGill, Esquire

 

Another similar article previously published: Federal Disability Retirement pros and cons

 

 

Postal & Federal Disability Retirement Attorney: VERAs

With spring comes the rumors of love, furtive dalliances, clandestine consummation and intrepid interludes; as well as the potential for Voluntary Early Retirement Authority for Federal and Postal employees.  What the latter (known under the acronym of VERA) has to do with the multiple listings of the former (rumors of love, furtive dalliances, etc.) is anyone’s guess; perhaps there is no connection at all or, more likely, the cognitive comparisons we make have to do with offers of change, adventure, and a need to evaluate the impact of all of the above upon the security of one’s future.

The devil, as in all things, is in the details.  Whether a VERA is accepted or not should be based upon the incentivized offer; and it is often the short term gain (a large enough sum of cash “up front” in order to make it attractive), like the adrenaline-flowing excitement propelled by a romantic interlude, which compels the Federal and Postal worker to accept the VERA.

Be not fooled; the Federal agency and the U.S. Postal Worker is proposing a VERA not out of the kindness of their abundant hearts; rather, it is to streamline, strip and effectively make skeletal the overburdened bureaucracy of the Federal government and the U.S. Postal Service.  But the question, as applicable to all VERAs (as well as to romantic dalliances) is, Is it good for your future?

If the Federal or Postal worker must accept a VERA, the underlying reason and rationale is often because he or she can no longer continue in the job anyway; and, to make the point ever more poignant, that foundational reason for an inability to continue often involves a medical condition.  That being the case, it would be wise to evaluate and compare the short-term gain potentially attained through a VERA, as opposed to a long-term security of purposes accessed through filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Both a VERA and a Federal Disability Retirement application must be filed through the U.S. Office of Personnel Management.  Both are ways to discontinue the present set of circumstances the Federal and Postal employee finds him/herself in.  The VERA, however, is a plan of self-indulgent action proposed for the benefit of the Federal agency and the U.S. Postal Service; Federal Disability Retirement is a course of determination based upon the best-interests of one’s health and well-being.  And, like clandestine romances engaged in behind the locked doors of distant roadside motels, the VERA may merely be a response to a mid-life crisis leading to an emptiness in one’s soul once the excitement has passed.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement from the U.S. Office of Personnel Management: Continuity of Care

Most things in life require a continuity of care.  Yes, projects will often have an inception date, and termination point where, once completed, no further maintenance of effort is required.  But other concerns require further and elaborative engagements beyond the linear horizon of attendance, including:  teeth, dogs, children, marriages, and Federal Disability Retirement benefits.

When a Federal employee or U.S. Postal worker obtains that vaunted and desirable letter of Approval from the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, the tendency is to think that one may then fade into the proverbial sunset, ever to receive a Federal Disability Retirement annuity and focus upon one’s health, medical conditions and the medical care required.

But then there comes additional contacts from OPM — perhaps not for a few years; perhaps not for a decade.  But the potentiality of the contact is there, and one must lay down the framework of preparatory care in order to respond appropriately.  If not, what will happen is this:  A fairly innocuous request for employment information can result in a termination of the disability annuity, based upon a “finding” that you have been deemed medically recovered.

That “Final Notice” from the Office of Personnel Management does, fortunately, allow for Reconsideration rights, as well as further rights of appeal to the U.S. Merit Systems Protection Board.  Additionally, there is a proper methodology for responding to OPM, to enhance and greatly ensure the continuation of one’s Federal OPM Disability Retirement benefits.

Wrong steps can lead to negative results; unresponsive panic without proper legal argumentation can have the unwanted consequences of an unnecessary loss of one’s Federal Disability Retirement annuity.  The best approach is always to respond with the legal armaments and arsenal one is provided with, and to maintain a continuity of care for preserving one’s Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire