OPM Disability Retirement: Things not likely to happen

It is not likely that tomorrow morning you will wake up and find that aliens have taken over the earth (although, if one were to read various supermarket tabloids, that has already occurred many times over, both while asleep and awake); it is not likely that you will win the lottery with that last dollar spent on running a random set of numbers (though millions each day shell out astronomical sums in the aggregate with dreams – and sometimes actual plans reflected upon – of what one will do “when” the improbable event will happen); and it is not likely that the email received the other day from some banker in Burkina Faso who wants a “trusted friend” to allow for a transfer of a cool $100 million and would allow you to keep half of it just because you happen to be the only person in the universe who has a bank account and can keep a secret, will actually honor such a request.

Nevertheless, people actually consider such fantasies, and to the detriment of those who do so with serious intent, harm themselves either by delaying what could be done, setting aside the reality of what needs to be accomplished, and turning over valuable time to endeavors not likely to happen.

Often, and unfortunately, medical conditions have that same characteristic – of things not likely to happen.  It begins by happening – of a medical condition that should not have been, or is seen to be “unfairly” targeting a particular individual, and a period of disbelief ensues where the question is, “Why me?  Why not the other guy, instead?”  Then, once the phase of acceptance comes about, one begins to adapt, compromise the levels of acceptability and quality of life, and modification of expectations surely follows soon thereafter.  Then, one hopes, prays, angrily shouts to the heavens or otherwise with quiet resignation begins to ruminate – yes, the medical condition may be unfair, but so is the lot of life we all live.

And the principle of things not likely to happen applies to Federal employees and U.S. Postal workers who need to prepare, formulate and file for Federal Disability Retirement benefits, as well, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  For, the things not likely to happen includes: The medical condition will just go away; the Federal agency or the U.S. Postal Service will just let things slide and be very understanding; the Federal agency and the U.S. Postal Service will actually accommodate your medical condition; the Federal agency or the U.S. Postal service will find you another job at the same pay or grade; the Federal agency or the U.S. Postal service will grant SL, AL or LWOP in unlimited amounts so that you can attend to your illness or medical condition; and the Federal agency or U.S. Postal Service will show empathy, sympathy and understanding and make you feel “welcomed” while you endure one of the most difficult periods of your life.  Not.

Sincerely,

Robert R. McGill, Esquire

 

 

OPM Disability Retirement: The Indomitable Spirit of Pursuit

Preparation in pursuit of an endeavor should always embrace an uncompromising resolve to see it through to the end.  Such an attitude is quite different, and distinguishable, from mere stubbornness when the facts faced or the odds stacked clearly and convincingly manifest an inevitable defeat.  The former attitude prepares one to refuse succumbing to the innate fear and weakness inherently existent in us all; the latter, a failure of recognition beyond rational discourse and comprised of an obsessive impulse contrary to good form.

People often think that rationality encompasses merely the capacity to acknowledge a superior logical discourse, when it fact it must by necessity involve two further steps:  (A) the ability to recognize the weaker argument of the two, and (B) a willingness to accept that one’s own voice may not be the source of utterance of the stronger argument, and to accept and exchange the weaker for the stronger.

For Federal employees and U.S. Postal workers who are preparing to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the disadvantage is of the weakened state, either physically or psychologically, that the Federal or Postal employee is in, throughout the process.

The calculus of the medical condition itself in factoring in one’s resolve, should never be underestimated.  The change of circumstances, the fall from grace in the eyes of one’s own Federal agency or the U.S. Postal Service, and the need to maintain health insurance, financial stability, etc. — all play to weaken the resolve of the Federal or Postal employee who pursues Federal Disability Retirement benefits.  And, of course, OPM also knows this, and plays upon the knowledge that they hold all of the cards in a metaphorical poker game, and by waiting, may outlast the stubborn and the strong alike.

It is because of this that the Federal and Postal employee who decides that applying for a Federal Disability Retirement annuity through OPM is the best course of action, must retain throughout an indomitable spirit of pursuit, in order to counter the Leviathan-like capacity for oppositional dominance possessed by the adversary.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: The Balance of Body

Have you ever noticed that, if you attempt to compensate with one extremity over another, whether because of pain or temporary incapacitation in an attempt to alleviate and relieve the lesser limb, that the one in use becomes slowly debilitated as well?  The body is a balanced mechanism; it is designed to work in coordinated fashion, as a unit of entirety.  It may well be that if one component of that working aggregate requires temporary suspension, that another unit may, for a time, serve as the greater replacement by working “overtime”; but in the end, all workers are expected to return to full labor, lest the entire operation itself shuts down.

That is why pain and similar symptoms serve as a warning system for a greater condition.  People often think that compensating for a medical condition can be derived through persevering and ignoring; instead, what happens is that the other parts of the body begin to shut down and deteriorate.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s positional duties in the Federal Sector, the attempt to overcompensate often leads to greater exacerbation, both in terms of the medical condition itself, as well as for the agency through bringing greater attention to one’s self.

It may be that a Federal or Postal worker may, for a time, get away with persevering and neglect of the warning systems; but in the end, the intricate and delicate balance of body, like the greater ecosystem of nature, will begin to reveal signs of wear and decay, and the time lost in taking the necessary steps will merely be unrecoverable segments of lapsed periods, where commas and pauses needed to be overcome in the preparation, formulation and filing of a Federal Disability Retirement with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Of Capillary Constancy

Capillaries represent the smallest of the body’s blood vessels, which cumulatively account for the greater part of the microcirculatory means of reaching extremities and body under-surfaces beyond the reach of major veins.  Bursting or damaging a few here and there have little effect; cutting a capillary or bruising resulting from a blow to a branch of them, will have residual reverberations of unnoticed proportions.

But then, that is how most lives are considered, and treated; not as major arterial avenues of pumping stations, but way stations and secluded outposts visited only when mandated by necessity, and even then sporadically and with grumbling trepidation. But it is the very constancy of the work of capillaries which uphold the arterial integrity of the major vessels of society; and while most Federal and Postal workers go about their business in a daily routine within the quietude of unnoticed efficiency, it is when an interruption of a major event interposed upon a singular individual, that one must take pause and notice the otherwise uneventful event in a life of a capillary-like existence.

Chronic injuries and disabling conditions tend to do that to us.  For the individual who suffers from a medical condition, the traumatic life-event become a major obstacle; for the rest of society, it is the mere interruption and inconvenience of a capillary’s constancy being cut off.  The major vessels of life continue to pound away, pumping with rhythmic efficiency and barely taking notice of the lack of lifeline to the outreaches of peripheral concerns; but for the individual capillary, the crushing of life represented by a medical condition is a major event of exponentially significant proportions. Federal and Postal workers who suffer from a medical condition, and whose medical condition prevents one from performing one or more of the essential elements of one’s job, need the respite of recuperative time; but like capillaries damaged or otherwise severed, they are often forgotten immediately following the event.

Whether under FERS, CSRS or CSRS-Offset, Federal employees and U.S. Postal workers who can no longer perform one or more of the essential elements of one’s job, may be eligible for Federal Disability Retirement benefits through the U.S. Office of Personnel Management; but one must prove, by a preponderance of the evidence, the nexus between the medical condition and the positional requirements of one’s Federal or Postal job. It is, in the end, the relevance of the whole organism and the efficiency of the body entirety, that matters; and to that extent, of the capillary constancy that results when significance is discovered for each outpost in the life of a human being.

Sincerely,

Robert R. McGill, Esquire

 

Postal and Federal Employee Medical Retirement: A Working Paradigm

Most doctors, attorneys, and the general public are familiar with the concept of “disability benefits”, but only in relation to the Social Security Administration.  It is rare that disability benefits are associated with, or are known to exist, separately for Federal employees or the U.S. Postal Service, in relation to a concept which is progressively unique and creatively formulated within a context of a society and a bureaucracy which is not normally know for such characteristics:  a system of disability where the disabled individual is encouraged to seek employment without being penalized for earning income by immediately terminating the disability benefits.

Yes, for Federal and Postal employees, there is the cut-off margin of 80% of what one’s former position currently pays; and, yes, if the private-sector employment is too similar in nature to the positional requirements and essential elements of the former Federal or Postal job, such parallel identity can result in a determination by the U.S. Office of Personnel Management that the former Federal employee or Postal worker is deemed medically recovered; but within those generous parameters, the paradigm upon which Federal Disability Retirement is based, is what can only be described as a “working paradigm”, precisely because, as a system of incentives, it works, and as a practical matter, it encourages Federal and Postal workers to continue to remain productive in the workforce, and to perpetuate a self-paying system, as opposed to the de-incentivized system of Social Security, which has an extremely low threshold of allowable income before terminating benefits.

OPM Disability Retirement is effective precisely because it is a working paradigm — both in a pragmatic sense, and as a metaphorical basis for building a foundation for one’s future, as opposed to being stuck in the rut of an administrative bureaucracy which fails to understand and appreciate the human instinct to remain productive.

Sincerely,

Robert R. McGill, Esquire