FERS Disability Retirement from the OPM: The option of nothing

Inertness for a human being is always an option; although normally a default choice, it is nevertheless an alternative one chooses, rather than what we state to ourselves in justifying the negation of doing something: Just disregard it, and it will go away.  The default is embraced once the choice is made to do nothing further.  Governments are great at that, and ours in particular — of kicking the proverbial can “down the road” and letting the next generation of voters decide upon the non-decision of critical goods and services, all the while talking a good game about what “needs to be done” and “should be done.”

The question that remains unanswered throughout is always: Is the option of nothing the best option? And further: Do we always have to take the best option, or is “letting it go” and disregarding the option to affirmatively make a decision on an important matter sometimes “good enough”?

One can always avoid these latter questions by positing the conditional of: “It all depends” upon the particular circumstances, and that may be true to the extent that, in certain situations, the option for nothing is the better option given the other options available.  In general, however, inertness is merely the lazy man’s out, or an avoidance that is emphasized by a desire of negation — of not wanting to make a decision at all.

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 ones’ Federal or Postal job, the option of nothing will normally exacerbate matters.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is a long and arduous path through multiple administrative facets which requires expertise and thoughtful planning in maneuvering beyond the bureaucratic morass.  Because of this, the option of nothing is really not an option at all; it is, instead, a self-harming decision that can have dire legal consequences resulting from the inaction.  As such, consulting with an attorney who specializes in preparing, formulating and filing for FERS Disability Retirement benefits becomes a critical step in a Federal or Postal worker’s “next step” in deciding to file for Federal Disability Retirement benefits.

In the end, the option of nothing is no option at all; it is merely the non-option of inertness, which ignores the greater option of doing something about that which needs to be done.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: “Oh, can I help?”

It is the grammatical interjection or discourse marker; in either usage, it is in response to some new or surprising information received.  Thus do we often encounter that individual (we all know of at least one) who, sitting silently, idly and unnoticed throughout, suddenly perks up after all (or most) of the work has been done – whether in preparation of a meal; cleaning up after the dinner party; or where the main elements of a project have just been completed.  And the uninvited interjection:  “Oh, can I help?”

There may even be a hint of clever knowingness in the eyes emanating from that query – of a challenge and defiance, to dare one to question the sincerity of the offer, even when the history of that singular uniqueness has many times over manifested a consistency of never having acted upon the discourse marker.

Yet, we are required to graciously accept it as sincere, and to respond with resignation that, No, there is nothing more to do, but Thank You for the offer, anyway.  For, we all know that the test of sincerity is not words upon words, but rather, that individual who, without uttering a single word, gets up and acts, and engages, participates, contributes and embraces with nary a muttering.  It is the pause between the utterance and the action that makes all of the difference, in common discourse as well as in everyday lives.

There are many, many people who interject with the “Oh, can I help?” but fewer still who act without words unnecessary and unappreciated because of humility in silence.

It is that chasm between word and act, utterance and initiation, a cocoon existence in the silence of one’s thoughts and the breach of entrance into the objective world around – or, for Federal employees and U.S. Postal workers who need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management:  the gap between the suffering silence of a medical condition and taking that step in preparing an effective Federal Disability Retirement application, which can be an administrative process that can take many months, and sometimes years.

It is well and good for the individual who consistently utilizes the discourse marker to avoid entanglement in undesirable projects, but when it begins to harm one’s own interests, then it is time to not merely utter a sentence, but to prevail upon the world and act upon the need.

For the Federal employee or U.S. Postal worker who, because of a medical condition which prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal position, can no longer continue in the career or vocation of choice, the grammatical interjection of, “Oh, can I help?” should immediately be followed with initiating the steps necessary to secure one’s Federal Disability Retirement application, by making inquiries with a lawyer who has experience in Federal Disability Retirement law.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Gov. Employment: That sigh of regret

It is released without consciousness of foresight, or random expectation of hope to come.  Often, merely an involuntary deviation from a carefully-guarded appearance, that sigh of regret escapes with a haunting echo of mirthless exhaustion.

Is there a time when past regrets catch up to present dismay, obfuscated by the loss of any future hope to reinvigorate?  What is regret but a deed left undone, a trepidation leading to inaction when flight of carefree abandonment embraced us for a moment, where craziness of freedom from the fetters of caution allowed one to pause and jump without fear of tomorrow?  And the sigh that follows, but a mere refrain denoting the commonality of experiences, withheld, where caution pulled us back because of pragmatic considerations we once beheld to be more important than the liberty of our means.

Rare are those lives whose self-assurance in the meandering days of feckless travels reveals not a morsel of remorse, but a fullness of memories neither unrestored by neglect nor needing any touch-up or photo-shopping imputation.  Some have warranted that to regret is to die a slow death, while others accept it as merely the general populace’s lot in life.

The sigh of regret is emitted during that lapse of unguarded exposure when vulnerability is allowed to reveal, where openness – whether because of insanity, inebriation or a raw moment of “being real” – stands in line behind the impenetrable fortress of layers carefully shielded in order to construct that wall of mystery.  But the other side of regret – like the turn of midnight as the clock strikes its 12th toll – is the knowledge that something else could have been, that better tomorrows might have been, and the “what ifs” of life keep coming back to haunt, each whisper followed by a louder intonation of incessant reminders.

For Federal employees and U.S. Postal workers who having that sensation – of a pause, a consideration or even an inkling – that it is time to begin preparing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS of CSRS Offset, there are “better times” than others where timing in filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management should be weighed and balanced within the greater context of all other considerations.

What one does not want to happen, is to allow for a later event to emit that sigh of regret, which is what so many people, in so many circumstances, end up doing.

Preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee has already let loose a sigh of regret, is the best pathway forward to ensure that – whatever accumulations of life’s regrets one may already hold within the bosom of one’s soul – future actions will fail to predict the sorrowful din of tomorrow’s hope for a better future, where that sigh of regret may be muffled because an act today was taken in light of yesterday’s remorse.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: The wrong target

What if you are involved in the highest levels of competitive marksmanship – say, target shooting by a rifle, or crossbow, or bow and arrow, or even by a pistol.  You shot throughout the morning, and hit the bulls eye every time; your opponents try to keep up with you, but at each level of competition, there is a slight deviation here, a centimeter there, and systematically, the competition is “eliminated”, and you are left standing at the podium of the “winner”.

As the trophy is brought out, the Chief Judge who is about to present the awards and ceremonial crown, pauses, reflects for a moment, and declares:  “Sorry, but it turns out that you were shooting at the wrong target each time.”  They then present the accolades to the “runner up”, who was shooting on the same range, aiming at each turn at the target set up in his or her respective lane of sightings, and seemed to follow the protocol as set up by the competition and the committee of judges.

You go and question the judgment of the judges, and especially address the Chief Judge, protesting:  “What do you mean?  I shot at the target that was set up.”  “But you shot at the wrong target.  Your target was the one in the lane next to you.  You shot in Lane A; you were supposed to be in Lane B”.  And you argue:  “But that is irrelevant.  Lane A is the same as Lane B, and there is no difference between the two.”  And the Chief Judge says:  “Look at your designated Card Assignment:  It states without question, ‘Assigned to Lane A’.  Yet, you shot all targets in Lane B”.  You persist in arguing:  “But what difference does it make?  It is the same target whether I am in Lane A or Lane B?”  And the kicker from the Chief Judge:  “In life, you can’t just do what you want; you have to obey the rules.”

Who is right?  Would it matter which lane one is assigned to, and whether obedience to the protocol and adherence to the “letter of the law” is followed, when the substantive point of the whole process – hitting the target – is clearly accomplished beyond the competence of all others?  We often encounter that anomaly in life – of the seeming conflict between the technicality of the issue (the “minutiae” otherwise unnoticed by the rest of the population) and the general adherence based upon common knowledge and boredom of repetitive protocol.  It may well be a trite redundancy, but when a “technicality” is involved, then a technician is the one to call.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the question of the “wrong target” and the “technical violation” of the rules is appropriate to recognize and consider:  For, in Federal Disability Retirement Law, as in many other facets of legal wrangling, making sure that the larger compass of hitting the “right” target, as well as keeping within the proper lane of technical legal issues, are both equally important in preparing, formulating and filing an effective Federal Disability Retirement application, submitted to the U.S. Office of Personnel Management.

The “wrong target” is the agency; the “right target” is the U.S. Office of Personnel Management.  The “technicalities” encompass the statutes, laws, regulations and legal opinions as rendered by the U.S. Merit Systems Protection Board and the Federal Circuit Courts on issues pertaining to Federal Disability Laws litigated as precedents.  And, who is the proper “technician” to call?  An attorney who is experienced in fighting the cause for Federal and Postal employees, to obtain Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire