Medical Retirement for Disabled Federal Workers: Transfinite Cardinals

It is a concept invented in order to avoid the inherently problematic implications of the “infinite”; yet, it clearly means that it is “not finite”. It is meant to avoid a type of exclusive disjunctive and attempts to equivocate and obfuscate, implying that it somehow goes beyond the finite but refuses to become embroiled in the complexities of the infinite, thereby allowing for a compromise by remaining forever in the limbo of mathematical purgatory.

Such conceptual word-games save us for a time; and, sometimes, time is what is needed. Thus, for universes of pure theoretical constructs, where application has little or no impact upon the reality of life, conceptual language games can be daily engaged and walked away from, without any practical consequences. It is, however, when theory intersects with reality, that qualitative reverberations become felt, as in the application of theoretical physics upon the pragmatic application of nuclear fusion.

Advancing from Thought to Action

For the everyday Federal and Postal Worker, the theoretical existence of Federal Disability Retirement benefits, whether one is under FERS or CSRS, is likened to transfinite cardinals: until the intersection between thought and action occurs, it remains safely in the universe of theory, mind, and limbo; but when the reality of a medical condition hits upon the physical universe of the real, and impacts the Federal or Postal employee’s ability/inability to maneuver through the employment sector because of physical limitations or psychiatric obstacles imposed by the medical condition, then one must reach beyond the theoretical and take pragmatic steps of prudent applicability.

Like boilerplate legalese in multi-paginated contractual agreements, theoretical constructs exist for potential applications in the real universe.

Federal Disability Retirement benefits remain in existence for all Federal and Postal employees, and must be accessed by submitting an application to the U.S. Office of Personnel Management. It is like the Platonic Ideas of Greek philosophy “out there” in the ethereal universe, but of no consequence but for ivory tower constituents. And like transfinite cardinals, Federal Employee Disability Retirement benefits remain in a parallel universe of theoretical constructs, until that time when a particular Federal or Postal employee accesses the need to ignite the fuse of pragmatic intentions.

Sincerely,

Robert R. McGill, Esquire

 

 

Medical Retirement for Federal Workers: The Jump from Thought to Action

There is a wide chasm between thought and action; and, while many can deceive one’s self by remaining mired in the activity of thought, it is the gauge of the objective, physical world which validates the efficacy and resulting consequences of one’s actions, which makes for determination of accomplishment and completion.  The proverbial “dreamer” who never transitions from the creativity of thoughtful contemplation to actualization of ingenious ideas and proposed intellectual discoveries, remains stuck in the netherworld of potentiality, never to move beyond the mysterious quietude of one’s own mind.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition has impacted one’s ability to perform the essential elements of one’s job, remaining forever in thought-mode as opposed to action-orientation, keeps one in the hostile environment of avoiding multiple pitfalls and minefields of delay, procrastination, and potential adversity from one’s supervisors, coworkers and agency heads.

Whether under CSRS or FERS, the Federal or Postal employee with a medical condition which is impacting the ability to continue in the job, should consider the giant step from thought to action, and reflect upon the benefits of a Federal Disability Retirement submission, ultimately to be decided by the U.S. Office of Personnel Management.

The step from thought to action is often exponentially magnified by the earthshaking reverberations of a changed life.  But to fail to act is often the greater of evils, and to remain in the unending turmoil of one’s anguish is never an answer to a problem.  Instead, it is the composite solution which will render the ultimate satisfaction: thoughtful action.  It is where thought and action work in harmony, and for which Man evolved to reach the pinnacle of his Being.

Sincerely,

Robert R. McGill, Esquire

 

Federal Worker Disability Retirement: The Tentacles of Time

Time and the negation of time is a concept which is virtually impossible to conceptualize, precisely because any thought about the concept necessarily requires the human mind to be present in the thinking process of the issue.

Thus, to consider a moment prior to the beginning of time is an intellectual act of futility, as such thought necessarily requires the imposition of one’s own mind in the moment of timelessness.  But if one grants that time must somehow involve motion, and that without movement of objects or thought, the very concept itself would become meaningless, then one can begin to comprehend the negation of time, and the requirements of such circumstances (e.g., a void, total darkness, inertia, etc.).

In the stages prior to consideration of filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is this state of inertia — of waiting for some movement, an indication of improvement of one’s medical conditions; of some change in circumstances, or the vain hope that things will alter for the better, which ultimately becomes damaging.  For, lack of movement or progress, in retrospect, is often the very loss of valuable time; and loss of time, when taking into account the further lengthiness of the process it takes just to prepare a Federal Disability Retirement case, then to wait for OPM to make a decision, only exponentially magnifies the time lost during the period of inertia and indecision.  The tentacles of time tend to take over the tendency to procrastinate.  Sometimes, a decision to move in and of itself is invaluable.

Deciding to file for OPM Disability Retirement benefits is a major, life-changing event; to remain in a state of inertia and negation of time is also a similarly profound event; it is just that, because there is no discernible motion of objects, it just appears as if time is standing still, when in fact the world around us continues to zip forward.

Sincerely,

Robert R. McGill, Esquire

 

Early Medical Retirement for Disabled Federal Workers: Fish or Cut Bait

Colloquial expressions often develop over time because of their shorthanded effectiveness; they are the antiquated equivalent of text-messaging abbreviations, but with greater meaning and potency because of their time-testedness and allowance for a slow, evolutionary progression within a society.  Such expressions allow for a blunt statement which removes all doubts as to meaning; and the statement itself is all that is necessary, with surrounding silence revealing all.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, a person contemplating initiating the administrative process of filing for Federal Disability Retirement must ultimately come to the decision of moving forward, or not.

Such a bifurcation of clarity in making the decision is necessary both for the sanity and health of the Federal or Postal employee who must make the decision, as well as for the agency who either wants full productivity from its employees, or an ability to “accommodate” the medical condition (in accordance with the governing laws concerning the legal issue of accommodations in the workplace) in order to reach an acceptable level of productivity.

Fish or cut bait; in four words, such a colloquial expression says it nicely:  Initiate the process, or live with the pain and progressive deterioration.  Already, in the very act of trying to explain or “add on” to the expression, nothing of value has been accomplished because the expression itself is sufficient.  As such:  silence.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: The Will to Proceed

Human will is a peculiar element of the entirety one’s being; it is influenced by desire, often forced by the intellect, and goaded and persuaded by one’s perspective of the world.  How one perceives one’s condition; how the world is perceived; how the treatment of one by those around us — can all play a significant role in the will to proceed, how to proceed, when to proceed, etc.  

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, it is often the clash of influences upon the human will which determines the course of action which the Federal or Postal employee may decide to take.  

Thus, the accurate and proper perception of one’s medical conditions, based upon information gathered from the medical community; the ability to prognosticate the present impact, and future potential limitations, of that information concerning one’s medical condition, upon one’s ability to continue to perform all of the essential elements of one’s job in the Federal sector, or with the U.S. Postal Service; and further, the perception, whether real, skewed or imagined, of the Agency, including one’s supervisor and coworkers, in determining the value, contribution, and capability to perform and accomplish the goals of the department or agency; all of these combined provide the foundation to determine the will to proceed, in what direction, and whether the will — often at a point of fatigue from the constant fight against the medical condition, depleted in energy and diminished in power — should be forced in order to continue to perform in a job clearly impacted by one’s medical conditions, or to will to proceed to prepare, formulate, and file for Federal Disability Retirement benefits under FERS or CSRS.  Yes, it is merely a matter of “willing” — but willing to do what?

Proper perception, based upon good advice and counsel, will determine the will to proceed, in what direction, for what cause, and for what purpose.  It may be time to file for Federal Disability Retirement benefits under FERS or CSRS, and to continue to expend one’s reserve of energy is a price which may not be worth taking, at the expense of one’s health.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Sequence of Procedural Requirements

There is a specific reason why the benefit identified as Federal Disability Retirement, whether under FERS or CSRS, exists.  It is to allow for an early retirement for an individual who has met the minimum eligibility criteria — of being a Federal or Postal employee , and having at least eighteen (18) months of Federal Service under FERS, or five (5) years under CSRS.  That is the basic eligibility criteria.  

Those who meet that minimum criteria, have a “right” to take the next step: One must prove, by a preponderance of the evidence, that one is eligible for the benefit, by proving (generally speaking) that as a Federal or Postal employee, one cannot perform one or more of the essential elements of one’s job, or any similar job; that the agency is unable to “accommodate” the Federal or Postal employee’s medical condition (and the term “accommodation” is a term of art, such that there is a particularized and narrow definition of how that term is applied in Federal Disability Retirement law), and that the medical condition will last a minimum of 12 months.  

Beyond those sequential procedural steps, is a wide and fairly complex array of legal, medical and practical considerations which must be viewed, before proceeding with a Federal Disability Retirement application.  Does the Federal or Postal employee have a supportive doctor?  Will that doctor be willing to write a narrative report expounding and delineating the factors and addressing the issues which need to be discussed?  

As with most things in life, it is important to identify, recognize and approach a Federal Disability Retirement application in a logical, sequential manner, such that one does not waste time, effort, and a reserve of hope in going down a path which may not be applicable to one’s particular circumstances.  Advice and counsel from an OPM Disability Attorney who can explain the process may be helpful in this endeavor.

Sincerely,

Robert R. McGill, Attorney