Tag Archives: understanding the reality of the agency’s motivation to get rid of a disabled employee and its real power to grant disability

Medical Retirement for Federal Workers: Stark Reality

Immanuel Kant was an 18th century German philosopher who recognized the imposition of human categories, structures and conceptual perspectives upon the stark reality of the world around us.  Within such levels of an uniquely human perspective, we shape the barren reality and impose our perceptual constructs.

It is not something we have any choice in; by being uniquely human, we see the world in a human way, thereby bringing to it a comprehension and order which our species can embrace, just as other animals may encounter the world from its own unique perspective.  Thus, the world according to Kant became one of bifurcation — between the “noumenal” world which was unfiltered and unknowable, and the phenomenal world of our own “making”.

For Federal and Postal employees who are contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, one must always keep in mind the two parallel universes — the one which we hope for and often “make”, and the one in which we must survive.

When a medical condition impacts a person’s life to such an extent that he or she must contemplate filing for Federal Disability Retirement benefits, the phenomenal world of our making may include:  Hope that the Federal agency will treat us fairly; hope that the medical condition may improve or go away; hope that one’s work will not suffer as a consequence.  But in the stark reality of the noumenal world, one must recognize the unknowable:  Agencies rarely show a sense of sustained loyalty; medical conditions being what they are, will often remain on a steady course of debilitating progressivity; and one’s medical condition almost always impacts the ability to perform the essential elements of one’s job.

Walking about with a uniquely human perspective is something which we cannot help; gliding through life with self-deceptions is something which, while also uniquely human, one cannot afford to engage in for too long.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: The Agency which Decides

These days, the chasm between language, truth and reality has widened to where the bifurcation and distinction between each has resulted in a lack of any significant relationship between them; or, conversely, each has become identical with the other, which amounts to all the same if one pauses to reflect upon it.

Once upon a time, prior to Bertrand Russell’s mischievous offering of a conundrum with the statement, “The King of France is bald” (for, as there is no King of France, and therefore there can be no bald King of France; yet, how is it that such a statement can nevertheless have meaning?  Ergo:  language need not have any relationship to truth or reality); the prevailing operative theory involved the correspondence theory of truth, where statements were said to correspond to the noumenal world around us.

In the practical world, the weight which keeps us grounded is based upon the extent of responsibility one must accept.  Thus, in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, it is precisely the agency to whom a Federal Disability Retirement application is submitted which the Federal or Postal worker should be focused upon.  It is the U.S. Office of Personnel Management — OPM in acronym form — which should guide and dictate how a Federal or Postal worker should act, react, and correspondingly prepare for.

While agencies will attempt to pressure the Federal or Postal worker into hastily preparing a Federal Disability Retirement application for their own purposes, the Federal or Postal worker must always realize that if OPM denies a claim, you cannot go back to your agency and say, “See, you made me do X, Y and Z, so now it is your problem.”  No, the Agency will not take responsibility; it is between OPM and the Federal or Postal Worker.

Therefore, act accordingly; do not unwisely and hastily be pressured to prepare or formulate a Federal Disability Retirement case just because the agency wants the positional slot vacated.  Do it properly; take the necessary time; get legal counsel; otherwise, you may in fact have to meet the bald King of France.

Sincerely,

Robert R. McGill, Esquire