Federal Employee Disability Benefits: Philosophy of Life

Is it necessary to have one?  Does one ever begin this process of organic expansion with a conceptual paradigm which encapsulated the activities, movements, thought-processes and decision-making judgments that, in their aggregate, define a person’s “Philosophy of Life”?  And if we all have one, when did we subscribe to it, create it or “own” it?  Or is it all just some pithy mandate which we follow — you know, some line here or there that we picked up, either from a book, a movie, some T.V. serial, or even from some bartender who likes to mete out wisps of wisdom to those half drunk?

“Joe’s philosophy of life is to never trust anyone.”  Or: “Kim — she just believes that you should finish whatever you began.”

Of course, if you went to college and took that “Introductory Philosophy” course, you received a Reader’s Digest version of various philosophers, and perhaps came upon Seneca, the Roman Stoic, whose attempt to bifurcate the physical world from one’s inner soul has become popularized in modernity; and perhaps there are those who have grasped upon a coherent or systematic philosophical paradigm such that one actually possesses a “philosophy of life” —but few of us are organized enough to have that and, even if we did, how many of us actually follow our own philosophy of life?

Most of us just struggle through and meander, responding from one mini-crisis of life’s travails to the next.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where that medical condition begins to prevent one’s ability and capacity to perform all of the essential elements of one’s Federal job, it is not a “philosophy of life” that will help you survive the bureaucratic process of preparing, formulating and filing an effective Federal Disability Retirement application, but rather, correct knowledge, helpful information and a plan of attack.

Consult with an attorney who specializes in Federal Disability Retirement Law before initiating the process.  And, after obtaining your FERS Disability Retirement benefits, perhaps that will be the time to begin to formulate your Philosophy of Life — that is, the life beyond Federal employment.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employee Disability Retirement: The Social Security Requirement

There is often confusion.  In fact, some Federal and Postal employees think that the “Prerequisite requirement” of filing for Social Security Disability benefits means that you have to wait to get it approved before you can file for Federal Disability Retirement benefits.

The unforeseen consequences resulting from such a misunderstanding is that some Federal or Postal employees wait, and wait, and become separated, and continue to wait and allow for the 1-year rule (of having to file for Federal Disability Retirement benefits within 1 year of being separated from Federal Service) to expire, then try and file for Federal Disability Retirement benefits.  Or, others confuse the two and somehow believe that filing for Social Security Disability benefits is the same as filing for Federal Disability Retirement benefits.

Such confusion is often based upon either misinformation or misinterpretation; either way, the consequences of acting upon, or failing to act as a result of, can result in irreversible damage.

If you are considering filing for Federal Disability Retirement benefits, consult with a FERS Disability Attorney who specializes in OPM Disability Retirement Law before trying to maneuver through the maze of confusing requirements, prerequisites and bureaucratic language.

Federal Disability Retirement is a benefit earned; to obtain it, however, it must be fought for and granted, and in order to do that, representation by an experienced attorney is often the best in making your way through the legal maze of confusion.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: The time of purpose

Does purpose always guide?  Or do we sometimes work on automatic pilot — without thought, working our way through a morass of repetition merely because that is the way we have always done things and it is more comfortable to continue on that same path?  What does it mean to live without a purpose, or even to live with one?  Are we more motivated; does initiative power the inertness within, like steroids or extra fuel added where the flickering flame is about to be extinguished but suddenly someone pours a cupful of gasoline upon the embers of a dying bonfire and “poof!” — purpose places us back on track?

Are there “times of purpose” as opposed to a lack thereof — like seasons that come and go in repetitive rhythms that we are quite familiar with — and during those times when we know the “why” for which we live, it makes it that much easier to get though the day?

Seasons come and go; the rhythm of a life is often impacted by the circumstances that we find ourselves in; and whether we “have” a purpose — as in possessing a clear path or vision forward, or retaining a certain goal or perspective on the “why” of what we are doing — or not, there are those who believe in a higher order of teleological framework where there is an objective reality that guides the course of all human activities and events.

Whether there is such a higher order or not is the Question of the Ages; of theological debates and one’s place in the wider universe; these are all great issues and questions pondered by greater minds, but when the voices of certitude and preaching become silent and the conversation wanes into the late evening, it is only the lonely voice of the individual and the soliloquy of quiet thoughtfulness that remains — and it then comes down to:  What is this time of purpose for me?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it is likely that the very consideration that one’s career and livelihood may be lost, will begin to drive the time of purpose.

Before the medical condition, the time of purpose involved one’s career and work; with the onset of the medical condition, the time of purpose encompassed getting back one’s health; and now, where it becomes clear that the medical condition and the Federal or Postal job are no longer consistent or compatible, the time of purpose must involve preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  For, the time of purpose is driven by the circumstances that change and surround us, and one’s health is a significant life-event to compel that time of purpose.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement and the Price of Loyalty

Salinger’s character, Holden Caulfield, recognized the influence of movies, and the media in general.  When used as a tool for political purposes, they mold and direct the issues to be discussed, the pathways of thoughts to be taken, and the passions to be experienced.

Though we think we are libertarians within the secluded confines of our own minds, what actually occurs is that we fail to recognize the subtle influences of those forces which we rely upon so much for our daily focus and guidance.  Where did we learn such high-minded concepts such as “loyalty“, “commitment” and “dedication”?  And who taught us to apply such vaunted paradigms upon the stereotypes of our lives?

For Federal and Postal employees who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s positional duties in the Federal agency or the U.S. Postal Service, often the one stop-gap measure preventing the Federal or Postal employee from taking the necessary and pragmatic steps in preparing an effective Federal Disability Retirement application is in clinging to a false sense of misdirected loyalty.

Loyalty requires a bilateralism which simply does not exist, or exists so rarely as to be inconsequential, but which pervades with Federal and Postal Workers under the guise of “mission of the agency”.  Such false pretentiousness (and pretending) quickly dissipates when that mission of the agency becomes a proposal to remove based upon the mission’s “other” sidebar — for the “efficiency” of the service — and then it becomes an emergency and a time of enlightenment.

Throughout all of those years, loyalty was lauded, but existed as a one-way street — from the Federal employee to the Federal agency, and not the other way around.  But when a medical condition hits, it is of paramount importance to focus upon the singular entity of significance:  the health and well-being of one’s self.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management may be one of those necessary steps required as part of that process of self-care, and one should be wary of paying too high a price for that overinflated commodity listed under the category of “L”, which also includes “Lies” and “Lip-service”, as well as “Loyalty”.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement Law: Causality

Worker’s Comp requires it; Social Security disregards it; and OPM Disability Retirement shifts the issue into a different arena.  “Causality” encapsulates the relationship between two or more events, where one is thought to result from another, or put a different way, where “responsibility” for a given effect is attributed to a prior conditional occurrence fulfilled as sufficient to warrant as being the “cause” of that event.

In a Federal OWCP case, administered through the Department of Labor, one must prove that the injury or medical condition was “caused” as a workplace incident or occurrence, such that the “event” occurred or was somehow connected to the employment itself.

For Social Security Disability cases, causation is normally not an issue, since the basis for eligibility is not concerned with any singular event, but rather, whether the person filing for Social Security Disability benefits meets a standard definition of being “totally disabled” from gainful employment.

For Federal OPM Disability Retirement benefits, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset, the issue is not one of causation, but rather, the relationship between one’s medical condition and the attributable impact upon one or more of the essential elements of one’s job.

Thus, there is, in a different sense, a case of causality to be made, but the relationship between A and B has shifted, where it matters not “how” it occurred, but rather, “whether” the medical condition prevents (causes) one from performing one or more of the essential elements of one’s job.

In the end, causation in a Federal/Postal Disability Retirement application is irrelevant in the traditional sense that one normally accepts, but the shifting focus of causality is important to keep in mind in preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire