OPM Disability Retirement: The Problem of Perhaps

Perhaps it is time to approach the problem from a different perspective; perhaps it is not.  We often engage in games of self-delusions, of allowing words of self-justification to interfere with sequential and linear lines of thinking, in order to bypass the harsh reality of what is often an inevitability.

The allowance of bifurcation of thought — of the logical disjunctive of choices and options to choose from — makes an allowance of pretense to procrastinate in intellectually acceptable ways.  We sound thoughtful and intelligent when we weigh the various alternatives.  And, indeed, it is normally a “good thing” to gather, review and evaluate the options open to us, and to make the proper decision based upon such an analysis.  But at some point in the process, continuing in a morass of intellectualization becomes problematic.

When the choices are limited, clear, and necessary to act upon, to play the “perhaps” game becomes merely a way to delay the inevitable.

For the Federal and Postal employee who must contemplate a drastic change of circumstances by preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, engaging in such mind-games merely prolongs the process.  At some point, action must proceed from thought; and for the Federal and Postal Worker whose medical condition is such that it impacts one’s ability to perform the essential elements of one’s job, it is the action which must prevail over the perhapses of our mind.

Sincerely,

Robert R. McGill
Federal Disability Lawyer

Federal Employee Medical Retirement: Existence and Being

There is a distinction between existence and being; for the former is something which merely “is”, and over which one has no control over, or the capacity of which to have any input; while the latter is the composite of the essence of who we are — the coalescence of one’s past, present, and future potentiality.

Heidegger’s life work encompassed the attempt to describe the search for being, the revelatory recognition of it, and the systematic approach to unravelling the hidden fullness of being.  It is the difference between going through the motions, and living an authentic life.

That is how Federal and Postal employees often feel just before contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS — for the state of merely existing in order to trudge to work, in order to “get through the day”, only to return home, to sleep, to struggle, to regain one’s strength, energy and stamina for a reserve to be depleted for another day of work; such a process describes an existence, not a state of being.

That is also why scams and “get-rich-quick” schemes continue to successfully con so many — because most people consider themselves merely in a state of existence, waiting to be saved for a life of being, but mistake the conversion from the former to the latter as dependent and reliant upon more money, greater acquisition of wealth, and accumulation of property.  But it is good health and the ability to be pain-free, which forms the foundation for a true state of being.

Disability Retirement for the Federal or Postal Worker is a means of attaining a state of being where rehabilitation and escape from the treadmill of progressive deterioration is possible.  That bifurcation which Heidegger attempted to describe — between a state of mere existence, and the lifting of the veil upon Being — should be seriously considered.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: The Life After

At first, it begins with survival for another day; then, upon a realization that “another day” will merely bring forth a multitude of subsequent such days, the goalposts are moved to allow for several months.  Once the realization hits you that the medical condition will not merely subside or disappear, and continuation in a present mode of existence is simply not a feasible option, then the perspective as to one’s career must by necessity change.  Filing for Federal Disability Retirement benefits, whether under FERS or CSRS, finally becomes an option.

Thereafter, the goal is to outlast the waiting line at the U.S. Office of Personnel Management — to get through the First Stage of the process, and if necessary (and a denial is obtained instead of the approval at the initial stage), the second, Reconsideration Stage.  There are multiple stages beyond the administrative stages, of course, but whatever are the administrative and bureaucratic procedures which must be undergone, the goal is to get the approval letter from the U.S. Office of Personnel Management.

And what happens when that goal is achieved?

One finally recognizes that all such goals were merely intermediate in nature, and it is at that point that one realizes that, upon an approval of a Federal Disability Retirement application from the U.S. Office of Personnel Management, the true goal is to live one’s life after separation from the Federal agency — separation in an administrative sense, certainly, but more importantly, in terms of time and medical recuperation.

Health, some financial security; a peace of mind; and a time of recuperative peace; there is indeed a life after.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: The Unplanned Event

One always likes to think of the present state of affairs as one resulting from the systematic planning put in place years ago — as in the proverbial “comfortable retirement” that was set in motion through wise investments and retrospective prognostications which were presumably based upon sage advice.

But life rarely works that way.

Yes, the analogy of the treadmill, or of taking one step forward and two steps back, all apply.  There is a famous line in a British rendition of “Emma”, in which the father mumbles beautifully, “Life is like going from one bowl of gruel to another”.

Those who come to a point of contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, often find themselves in a similar situation.  One works tirelessly, thinking that such hard work will reward itself by growing one’s nest egg, where savings develop over time; where within-step-increases come because of meritorious behavior; and where loyalty to, and from, one’s agency is strengthened and established because of the time, effort, and hard work one has, and will, put in.

But then the unplanned event surfaces.

In the beginning, one can fool one’s self and say that it is merely temporary, that it will all go away, and that one needs only to survive for the next coming day.  But the unplanned event can be just as effectively destructive as the planned one, and the results just as final.

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 best to see the neutrality of one’s circumstances — for, it matters not whether one “planned” for a medical condition; rather, the point is that, once accepted as a fact, it is the extent and effort of planning after the revelation of an unplanned event, which will make all the difference in one’s life.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Back Pay

In preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS, it is important to focus upon the first of the three — preparing.  Preparation often involves thought, reflection, and contemplation.  Formulation requires action; and filing and the time thereafter requires patience.  

In preparing, one must address the issue of how best to survive the lengthy process — does one have sufficient accrued sick leave?  Can one survive without pay and take LWOP during the (potentially) 8 – 10 month process?  Will one be allowed to continue to work, even in a light-duty capacity?  If the latter, then it should be kept in mind that when a Federal Disability Retirement application is approved, such an approval will provide for back pay all the way back to the last time a Federal or Postal employee was paid by the agency — whether it is a dollar, a hundred dollars, or a full paycheck.  

Thus, while acceptance and receipt of donated leave is often desirable, the time of having taken LWOP for any period of time will be negated with the last day of pay.  For example, if a Federal or Postal employee takes several months of LWOP, then accepts a pittance of donated leave, that time of LWOP is lost — for, again, back pay is paid only to the “last day of pay”.  Considerations to be reflected upon when preparing to formulate and file for Federal Disability Retirement benefits under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Waiting upon the Office of Personnel Management

A Federal or Postal worker who is filing for Federal Disability Retirement benefits under FERS or CSRS must understand that the waiting portion of the entire process is probably the most difficult time, precisely because it is a time of inactivity, where one’s future plans are placed on hold because of the uncertainty of the decision.  

Everyone, of course, believes that his or her Federal Disability Retirement application has merit. Otherwise, a Federal Disability Retirement application, whether under FERS or CSRS, should never have been prepared, formulated, finalized and filed — but for the strong belief that one’s medical conditions prevent one from performing one or more of the essential elements of one’s job.  

Every Federal or Postal employee whom I represent believes that his or her case is a “slam dunk” case, and it is the job of an OPM Disability Attorney to present it as such, but within the limitations of what the doctor & other supporting documentation will provide.  Once a Federal Disability Retirement application has been filed with the Office of Personnel Management, then the destiny of one’s future plans is somewhat placed in the hands of the OPM benefits clerk.  

Activity often gives the appearance of progress, and inactivity presents a frustrating sense of powerlessness.  But waiting is part of the process.  As such, it is best to make plans, prepare for one’s future in other ways, and allow the Office of Personnel Management to review one’s case properly and thoroughly.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Time to Make the Decision (Part 1)

Waiting until the last possible moment to start the process to file for Federal Disability Retirement under FERS or CSRS may be commendable from the Agency’s viewpoint — but is it smart?  If you are a Federal or Postal employee with multiple years of service, and you believe that because you gave your life, your blood, your sweat, tears, and even your firstborn, that therefore you will receive what I often term as “bilateral loyalty” (i.e., an expectation of receipt of loyalty from your agency for having given your undying loyalty to them throughout the years), you might want to reconsider.

If you are exhausting all of your sick leave, using your annual leave, dipping into your TSP in order to “hope” that you will recover from your continuing medical condition, then come to a point where you need to file for Federal Disability Retirement under FERS or CSRS, then come to realize that you must survive for 6 – 8 months, or even longer, and pay an attorney, pay for medical reports, and _______ (here, you may fill in the space yourself), then you may need to re-think the entirety of the process, the time it takes, etc.  Most people know, very early on, whether or not he or she has a medical condition which will last for a minimum of 12 months.  The time to start planning for the future is now.  As a famous football coach once quipped, “The future is now.”

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Pre and Post

Issues revolving around the initial application stage, during the application stage, and after the approval, are often of equal importance.  This is because the approval of a Federal Disability Retirement application under FERS or CSRS will ensure the financial and economic survival and viability of the Federal or Postal employee.  Thus, in the pre-approval stage of the process, it is often good to engage in some future planning:  How hard will I fight for Social Security Disability?  Will I be getting a part-time job to supplement my income?  Where will I live?  During the process of obtaining disability retirement, there is the long wait, and the ability to remain financially afloat while receiving little or no financial support.  Post-approval, there are issues of the potential for receiving a Medical Questionnaire from the Office of Personnel Management.  Whether the current doctor will continue to be supportive, or will I move and need to find another doctor?  Because getting Federal disability retirement benefits is a life-long process, it is important to get sound legal advice from a competent attorney throughout the process — pre, during, and post process.

Sincerely,

Robert R. McGill, Esquire