FERS Disability Retirement Application: Denials

They come in various forms; of self-denials representing a sacrifice in order to allow loved ones to reap the benefits; of denials meant to avoid the ugliness of reality; or of denials which prevent a person from entering a premises, advancing in a career or progressing in an endeavor.  Of whatever form or content, they leave the denied applicant a sense of disappointment, a temporary state of suspension and often a profound feeling of uncertainty.

Does one “give up” when a denial occurs?  Or, does one find an alternate route, a way to rebut and with a reenergized sense of purpose?

To be denied is to be defeated for a time; to be defeated is to give up entirely; but to avoid the finality of defeat, one must regroup and counterattack, in whatever form that may take.

For Federal employees and U.S. Postal workers who suffer from a medical condition and who have been forced to file for FERS Disability Retirement benefits through the U.S. Office of Personnel Management by necessity of an unwanted medical condition — a denial from the U.S. Office of Personnel Management is not the proverbial “end of the road”.  Rather, it is simply the beginning of the fight.  Who said that life’s pathways are easy?

Although OPM often makes it sound “as if” you never stood a chance, that your case was flawed to begin with or that there was never any validity to the claims you have made, that is simply their opinion on the matter.  What matters is whether your case has merit, and the merit of a case depends upon the laws governing FERS Disability Retirement Law.

Consult with an attorney who specializes in Federal Disability Retirement Law, and don’t let a denial automatically lead to a defeat; for, there is a reason why Federal Disability Retirement allows for various stages of appeals — precisely because a denial by OPM is not the end of the matter, but merely a beginning to the fight which must ensue.

Sincerely,

Robert R. McGill, Esquire

 

OWCP & FERS Disability Retirement for Federal and Postal Employees

Can both be approved concurrently?  Is there any disadvantage in filing for one “as opposed” to another?  Do they “cross over” and impact one another?  Can you receive payments concurrently, or must you choose one over the other and, if one is chosen, does it “negate” or otherwise dismiss the other?

These are all practical questions which can come about if an injury or illness results from a workplace incident or caused by an occupational hazard.  First and foremost, it should be noted that the two “pockets” of compensatory resources are different in nature: OWCP is not a retirement system; OPM Disability Retirement is. OWCP is a compensatory resource created and established as a temporary measure (although there are many, many cases where an OWCP recipient stays on and receives compensation for decades and beyond) — as a means of allowing the Federal worker to receive treatment, recuperation and rehabilitation, with a view towards an eventual return to work.

The paradigm of a FERS Federal Disability Retirement, on the other hand, is just that: It is a retirement system — essentially, starting your retirement “early” because of a medical condition or injury resulting in one’s loss of capacity to continue to perform one or more of the essential elements of one’s Federal or Postal job.  The latter (FERS Disability Retirement) does not have to possess any causal connection to the employment itself — in other words, the medical condition or injury does not have to be “occupationally related” in order for a Federal or Postal worker to become eligible for its benefits.

Remember, however, that under a FERS Disability Retirement, a Federal or Postal worker must file for the benefit of Federal Disability Retirement within one (1) year of being separated from one’s Federal Agency or the Postal Service.  The fact that a person has been “placed on the rolls of OWCP” does not excuse the 1-year rule for filing a Federal Disability Retirement application.

For further information on the intersection between OWCP and FERS Disability Retirement, you should consult with an experienced attorney who is knowledgeable about both, and make your decision upon factual and legal information, and not from such sources as, “I heard from Joe that…”

Sincerely,

Robert R. McGill, Esquire

 

Legal Representation on Federal Disability Retirement Claims: Plans

We all make them; whether for an anticipated journey or vacation; of a future date far in advance or nearby in time; or merely for an afternoon get-together with an associate, coworker, friend or family member — plans are essential to the coherence of a person’s daily life.

We have “planners” that we carry with us everywhere, and “planned vacations”, “planned playtime” for our kids; a “planned evening out” and meals planned well in advance even before our appetitive natures begin to rumble with echoes of hunger and delight.  There are “coordinated planned attacks” by terrorists, and “exit plans” before an assault is waged upon the enemy.  Then, there are life coaches who help to plan one’s future decisions, counselors who plan for college entrance exams and therapists who assist in planning this or that major decision.

From the moment we realized that simply reacting to the world around us was no longer an efficient methodology in maneuvering through a complex world, where the prey had become suspicious and did not stick around to remain as out next dinner course and predators began planning for counterstrategies to man’s wily peculiarities, we began to plan for the future.

However, the one thing that we have no plan for is the unexpected jolts of life’s servings that come upon one without warning or predictability, such as a deteriorating health condition that was never planned for.  Dreams that spawn plans are easily destroyed by life’s tumults that come in waves of unpredictable surges, just when we think that our “plans” are being realized.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition impacts and prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, it may become necessary to alter one’s long-term plan and goal towards retiring upon reaching the “regular retirement age and time-in-service”, and instead to file for Federal Disability Retirement benefits under FERS, through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Medical conditions are often the one set of goal-stopping issues that skewer one’s plans; it is normally unplanned for, and is a plan-modifier that requires not only a change of plans, but a new set of plans that should include a plan to prepare, formulate and file an effective Federal Disability Retirement application, to be planned for submission to OPM, and should also include a plan to seek to counsel and advice of an attorney who specializes in such planning.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: And then…

It is the precursor to the punch line, or perhaps the conclusion of a tale told with eyes wide with anticipation; what precedes, what follows, and then….  Stories are told well, middling, or perhaps badly, but they are told nonetheless, with conclusions that come about with surprise, aplomb or perhaps with a suspended yawn stifled for mere courtesy.  Everyone has one.  It is often said that the story of a man’s life is not in its conclusion, but in the living of it up to the end, but one wonders; is it the telling of it that matters, or the living of it?

In this day and age of technological openness, where everyone’s every detail is disseminated within moments of occurring, no one actually lives anymore, but merely by virtual existence.  Life is about what others think, about the opinions of likened friends, and how many “likes” have been amassed over a life-span of one’s presence upon social media.  The “telling” of one’s life has always been a part of the human makeup; cave-dwellers from long ago we were, and the drawings that have been left by ancestors long forgotten reveal the propensity and desire to tell tales — tall or otherwise — that also ended with, “And then…”

But this is a new phenomena; of telling the tale whilst living it, and sometimes even before; of setting up the “And then…” before the “then” even occurs, and well before the “And” makes its existence known.  It is a switch of a paradigm, a conversion of the psyche and a pre-consciousness before the ego bit off the Id of the seamless ego’s altercation with itself.  And then….

We know not what the outcome of such a story is.  Untested, unresearched, under constant attack; it remains the single mystery that yet needs to be told.  For, everyone has a tale to tell; a life to live; but the telling of the tale of one’s life was once the province of old men in rocking chairs who whispered to wide-eyed boys and girls of the feats of justice and generational transfers of heroic deeds left to folklore, old wive’s tales and exaggerated syllogisms lost in the conundrum of nightmares and sleepless ogres.  No more.  And then….

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the SF 3112A — Applicant’s Statement of Disability — provides the opportunity to tell the tale of one’s woeful conditions and worrisome progression of deteriorating circumstances.  The tale needs to be told; and like all tales, it needs to be presented with coherence and with a logical sequence of validity.

The problem with such telling of the tale of one’s medical condition, however, is the same problem that today’s generation faces: Of living the medical condition and yet telling of it, all in the same breath.  Too emotional, too involved or too whatever; in the bureaucracy and administrative complexity of presenting the tale to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the telling of one’s tale should be consolidated into an objective delineation in a clinical and legal admixture of complex simplicity.

For, like jokes and narrations that keep the attention of the reader and audience, there must always be the punchline that persuades and convinces, as in — And then…

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Wants and needs

One often encounters such discussions, about the difference between “wants” and “needs”.  Needs are dictated by a loose definition of survival or existence — that which is required by or necessitated of the things which satisfy the criteria for continued existence or maintaining of a given modality of the status quo.  The other — “wants” — are defined as those “extras” that are not required for existence, but go beyond the prerequisite for survival and add to the comfort and meaningfulness of one’s very existence and survival.

There is always a grey area between the two when one engages anyone in a discussion involving the two — and it often depends upon the paradigm and perspective one takes, which leads to conclusions not only about the subject concerning wants and needs, but also about one’s own character, upbringing and attitude towards life in general.

Take the perspective of a member of the British Royal Family, for example — of a person who knows of existence entirely from the perspective of wealth, privilege and undiminished wants and needs.  Such a person will often have a widely differing view of the distinction between the two, in contradistinction to a person born in the ghettos of an inner city, whether here in the United States or of more underdeveloped countries elsewhere.

Can one who has never lacked for needs, or even of wants, recognize the objective criteria that determines the differences between the two?  In other words, can the poor person even have a logical discussion with a wealthy person by pointing out that food is an example of “need”, as opposed to a Ferrari being merely a “want”?  Or, will the member of the Royal Family retort with, “Well, yes, I can see how cheap caviar of a subpar quality could be a need as opposed to wanting a Rolls Royce.”

Such a response, of course, tells one immediately that there will be a difficult road ahead in attempting the bridge the gap between understanding, comprehension and the art of logic and discussion.  What we want, we often do not need; and what we need, we merely want for want of sufficiency.

For Federal employees and U.S. Postal workers who want to continue their careers despite a medical condition that prevents the Federal or Postal worker from performing all of the essential elements of one’s Federal or Postal job, preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, will often cross the threshold between wants and needs.

You may want to extend your career, but need to end it because of your medical condition.  Your agency may want to be compassionate, but may need to follow directives from above.  You may want to remain, but need to depart.  The conflict between wants and needs is one of life’s ongoing clashes between the two, and preparing, formulating and filing an effective Federal Disability Retirement application, to be filed through OPM, may need to be initiated in order to satisfy the ultimate need of one’s existence: The need to want to look after one’s health.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Weekend Survival

The segmentation of time may be artificial; the rhythms of life, are not.  The 7-day week, 30-day month (give or take a couple here and there) and the 12-month cycle constitute human constructs that impose a rigid system of divisions based upon productivity, leisure, an admixture of both (isn’t it universal that Saturdays are spent in doing chores otherwise unattended to during the week, and Sunday is that respite and escape in total destitution of depleted dreariness?) and then a reset button pushed and the beginning of the cycle all over again.

Yet, while the system itself is based upon a conceptually artificial construct, the rhythmic underpinning of nature that glides above and beneath on a daily, quiet but consistent basis remains unperturbed.

That is why Daylight Savings Time makes grouches of us all — it is another artificial construct that jolts everyone from the natural rhythms of monotonous apathy twice a year, and breaks up that flow of biodynamic symbiosis between the planetary rotations, the daily sunrise and sunset, and the body’s reaction to a natural order within the constructs of an unnatural way of living.  The only compensation we feel grateful for is that extra hour of sleep that we are “given” in the Fall — only to have it stripped mercilessly and robbed from us in the Spring.

Thank God for the weekend — those two days of respite and leisure; of restorative rest and a quietude away from the mad dash of work and productivity; and we believe that we owe to the gods our lives and sacrifice our health for those pittance of days that are given to us.  But what are those 2 days worth?

Half of one is given up to do those things that we had no time to do during the five days of labor; the other half, spent in frozen immobility in front of a screen that blasts frightful images both from news of the “real” world as well as stories that are supposedly “entertaining”.  Then, with the one day remaining, we try and compensate for the exhaustion from the previous 5+1, only to wake up the following morning to engage the rush of the work-week that suffers and harms.

For Federal employees and Postal workers who suffer from a medical condition, such that the medical condition becomes a trial of survival during the week in order to make it to the weekend just to survive, it is worse because — not only is the “natural” rhythm interrupted by the medical condition itself — days, weeks and months all meld and melt into a singular whole of survival and consternation of life’s trials.

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, may be the only option remaining in order to re-order the rhythm lost in the daily struggle to reach that weekend survival where the cycle of life’s natural rhythm has been shattered by the trauma of a chronic medical condition.

Sincerely,

Robert R. McGill, Esquire