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

 

Federal Disability Retirement Lawyer: The Disadvantage of the I-Thou Perspective

People tend to expect the best results; and when a Federal or Postal employee files for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the applicant who is unrepresented and prepares, formulates and files the Federal Disability Retirement packet on his or her own believes that an approval is forthcoming at the First Stage of the Process.  Yet, often unaware and unbeknownst to the Federal or Postal applicant, the lack of separation between the I-Thou construct fails to provide a proper perspective of objectivity.

Allow me to expand and explain:  As the Federal or Postal employee who experiences the medical condition (the “I”) is the same person who prepares, formulates and files the Medical Retirement application (the “thou” from the perspective of the U.S. Office of Personnel Management), any sense of objectivity is often lost because the I and the Thou are one and the same person, and the Federal or Postal employee who experiences the medical condition is simultaneously the same one who is seeking an approval of the OPM Disability Retirement application.

Of course, that same scenario is repeated even if the application is filed through a Federal Disability lawyer (in the sense that the Federal or Postal employee still seeks to obtain an approval from OPM) with one major exception:  there is another “thou” perspective included and involved — that of the Federal lawyer representing the Federal or Postal employee who is seeking to have a Federal Disability Retirement application approved.

Objectivity is a crucial component of a Federal Disability Retirement application; that is why so many “silly” mistakes are injuriously embraced without self-knowledge or with disengaged awareness.  It is like the cook who loved the taste of arsenic, and thought that everyone else should as well; and so he sprinkled the deadly poison onto his own food and enjoyed the taste of his own creation, only to slowly die from the feed of his own foolishness.

There are many “kinds” in the arena of foolish endeavors:  There is the “quantitative approach” (“I sent them thousands of pages of treatment records”) which fails to ask the question, Who will read it all?  There is the “trusting soul”:  “I just signed a release and had them send it all directly to my Human Resource Office”.  Then, there is the person of naive disbelief:  “How could they not approve it with the medical conditions I suffer from?”

The problem with all of these is the lack of objective perspective; the I-Thou connection is now given the distance, separateness and objectivity necessary to determine the viability and effectiveness of each and every piece of the puzzle needed to put together a proper Federal Disability Retirement application.  Are there ever any guarantees in life?  No.  Can a lawyer who specializes in Federal Disability Retirement laws make a difference?  Yes.

Fortunately, unlike the metaphor arising from the cook and the salsa of arsenic, there are multiple stages within the administrative process of pursuing Federal Disability Retirement benefits through OPM, and a denial at the First Stage of the bureaucratic pathway is not irreversible, and does not result in the inertia of life rendered by ingestion of substances otherwise tasty but harmful.

Sincerely,

Robert R. McGill, Esquire

 

Different Perspectives during the Federal Disability Retirement Process

Inform an individual that you suffer from Hansen’s Disease, and one might get a benign reaction, perhaps a blank stare. Convey to the same individual that you have contracted leprosy, and it is likely to evoke an expression of revulsion, and perhaps a discomfort bordering on flight.

What we say; how we say it; the social stigmas attached; and the cultural sensibilities and conditionings constraining how we become predisposed to act and react, are often determined by the perspectives which are brought to the fore.  Leprosy is the common term for Hansen’s Disease, but with it, an entire historical perspective replete with stigmas and tales and images of disfigured and contorted features and physical characteristics surround the former term, but rarely accompany the latter.

Whether and however termed, it remains one and the same. For an individual who suffers from a disability or handicap, society’s reaction similarly remains consistent and uncaring. And while laws and regulations may provide a semblance of minimally protective measures, it cannot prevent individual insensitivities from surfacing.

For Federal employees and Postal workers who need to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS or CSRS, the reaction of one’s agency or department is often tantamount to informing them of either contracting leprosy, or of Hansen’s Disease.

Normally, unless a compelling reason exists otherwise, such information should be limited, and restrictively revealed only when the necessity arises, precisely because of the type of reaction one can expect from the agency or the U.S. Postal Service.

Perspectives differ; differing perspectives may often surprise; but the one similarity abounding in human nature is not too different from the beastly perspective from whence we came; and that is of the herd instinct targeting the weakest and most vulnerable — in this case, the Federal and Postal employee who suffers from a medical condition, and who must consider filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire