How much OPM Disability Retirement Pays?

“What will the benefit pay?”  That is often the primary concern of a Federal or Postal employee who must consider filing for Federal Disability Retirement benefits through the Federal Employees Retirement System (FERS), and it is certainly a valid first question.

The greater concern that cannot be overlooked, however, is the one that involves calculating the cost of NOT filing.  In the end, those Federal and Postal employees who must consider filing for Federal Disability Retirement benefits have three fundamental options: Stay put; resign and do nothing (or wait for termination/separation proceedings to occur, which amounts to the same thing); or file for Federal Disability Retirement benefits under FERS.

The benefit of a Federal Disability Retirement annuity is quite simply calculated as 60% of the average of one’s highest three consecutive years of service for the first year (offset by 100% of any Social Security Disability benefits received during the concurrent payments received) and 40% of the average every year thereafter (offset by 60% of any Social Security Disability payments received during those years), until age 62, at which point the Federal Disability annuity is recalculated as “regular retirement” based upon the total number of years of Federal Service, including the time that the disability retiree has been on Federal Disability Retirement.

Thus, the “greater” benefit in calculating the cost has to take into account the fact that one is actually “building up” one’s own retirement by the years one stays on disability retirement — for, those very years that you are receiving a disability retirement annuity count towards the total number of years of Federal Service when it is recalculated as “regular” retirement at the age of 62.

Yes, it is true that on the cost/benefit ledger that one should review before filing for Federal Disability Retirement benefits, you need to take into account the lesser income and the lengthy bureaucratic process that must be engaged, but you should also never forget what the originating basis for considering such filing compelled the consideration in the first place: Your health.

Calculating the cost of filing for Federal Disability Retirement benefits too often places the emphasis on what is lost — in terms of monetary gain and loss, etc.  But in calculating the cost of filing an effective Federal Disability Retirement application, to be submitted and considered to and by the U.S. Office of Personnel Management, the primary issue involves one’s deteriorating health and whether you can continue to remain in a job which has clearly become inconsistent with the medical conditions one is suffering from.

In the end, calculating the cost must go beyond the lessening of income; it must calculate the cost of one’s health, which is the single greatest asset one possesses.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Employee Disability Retirement: Fathoms and farthings

They are words seldom used by ordinary people, and are instead found within contexts now of limited usage except by reference to anachronistic novels and reference manuals, or perhaps in sea-faring settings where such terms are related to between seasoned old-timers in the field.

The former term refers to the unit of measurement for the depth of the ocean’s topography; the latter, a unit of currency so small as to have become obsolete by now with the inflationary course of history having relegated such amounts to irrelevancy, and ceasing to be recognized as legal tender by 1960.  Besides, it was a “foreign” currency as well, and was not a currency used in current usage within recognizable current vintage, anyway (yes, yes, a bad attempt at alliteration and a play on words).

What do they have in common?  They both measure a unit of X, of course; they are also words that have “meaning” only within certain contexts, whether of specialized oceanographic particularization or, as to the latter, within a historical context if one were writing a play, screenplay, novel or short story that included anywhere from the Victorian to the Elizabethan periods.  It is a reminder to us all that words come in and out of “meaning” and relevance based upon the context given and recognized.

Language games”, as the term Wittgenstein ascribed, retain their relevance and applicability depending upon the context of the usage adopted.

It is no different when preparing, formulating and filing an effective Federal Disability Retirement application by a Federal or Postal employee, to be submitted through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  Suddenly, the Federal or Postal employee is thrown into a “language game” that has been ongoing for decades, but is new to the Federal or Postal employee who must prepare an effective Federal Disability Retirement application.

Such terms as “The Bruner Presumption”, “viable accommodation attempts”, “Persuasive legal effect of other disability ratings,” etc., come into play.  Yes, you may be able to research and understand some of the terms, but the particularization and the anachronism of such terms may come back to haunt you unless you, as the Federal or Postal employee trying to submit an effective Federal Disability Retirement application, can fully comprehend the specialized nature of this complex process called Federal Disability Retirement.

For, like fathoms and farthings, it may be best to consult an attorney who has a long experience with such terms and usage in order to better heighten the chances of a First Stage Approval from OPM.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: Tone and tenor

In music as well as in grammar, the first word remains somewhat constant, in that it refers to the sound itself – how it sounds, the decibel level, the texture and coherence, etc.  Between the two, it is the tenor that alters, for in music, it refers to the male voice intermediate between the bass and the alto, while in grammar it is the content and substance of that which is said.

Thus, in either manner of usage, whether in music or in grammar, the combination of both is a bifurcated distinctiveness that goes to the duality of the following:  How it is being played or said, as opposed to what is being emitted or posited.  Both in verbal communication, as well as in written delineation and presentation, each are important.  In the former, one can often modulate the first upon the second, and even adapt the second in order to “soften” the first.

Thus, a person might say, “Go take a hike” in an angry, unforgiving manner, and the words spoken are consistent with the tone granted.  Or, one can say it in a joking, soft-spoken manner, and suddenly the tenor of the words take on an entirely new meaning – for, no longer do you actually mean the words themselves, as in “Please go away, I don’t like you and I don’t want to see you”; rather, stated in the second manner, it can simply be a cute retort, a friendly quip or a joking gesture.

In writing, however, one must be quite careful – for the tone of a sentence is encapsulated within the tenor of the written statement; the two, being entangled by the written mode of communicating, can easily be misinterpreted unless carefully crafted.  That is why texting, emailing and other written modes of delivery can be dangerous vehicles easily misunderstood and taken with offensive intent that otherwise was meant in a different manner.

The “tone” of a written sentence, paragraph or page must be intimately woven with the context of the “tenor” presented; and how the reader or recipient reads it, what internal “tone” is ascribed, can be misguiding.

For the Federal employee or U.S. Postal worker who must prepare an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the tone and tenor of a Federal Disability Retirement packet is important to consider.

Will a somewhat “third-person, objective” persona be assumed?  Will the SF 3112A, the Applicant’s Statement of Disability, be presented in a cold, clinical manner, where the tone is set “as if” someone else is describing the personal issues of the medical conditions, as well as their effect upon the Federal or Postal employee’s capacity and ability to perform the essential elements of the Federal or Postal position, or will it be more likened to a weeping bundle of hysterical cries begging for approval, or even closer to an angry shout that deafens the ears of the U.S. Office of Personnel Management’s assigned “specialist”?

Tone and tenor need to be decided upon early on in preparing, formulating and filing an effective Federal Disability Retirement application, and it may well be that consulting with an attorney who specializes in preparing such applications will ensure the proper modulation in both the tone and tenor of an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Game changers

Rarely do we have advantages in life.  Instead, most challenges are full of obstacles in our way, advantages tipped in favor of another’s, and an imbalance that seems to make life’s lottery of spectral choices a weighted unfairness that no amount of complaining seems to make a difference about.  We hear about them; yet, they rarely attend to our own needs nor join “our team”.

Game changers are those influences or components that suddenly make winning more favorable.  They normally become a part of the “other” team, but every now and again, life may throw a ray of sunshine down our path, and game changers become an element of one’s own “team”.  Perhaps it is a secret piece of knowledge no one else is privy to; or a piece of information that others have not yet been provided access to; or a person with exceptional talent who has given indications of sympathy to a particular cause; or even a new methodological approach that has not yet been widely disseminated.

Whatever the element of advantage, game changers open up circumstances that favor the success of one side over another, and appear at an optimum time when others have yet to prepare for the surprise addition.  At least, that is what they appear to do in novels, movies, plays and fictional life.  In real life, there are rarely such advantageous elements that make a difference.  Instead, most of life is a steady monotony of hard work, less complaining and a representation of the tortoise-like ethic as opposed to the hare that dashes off and runs ahead of everyone else.

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 concept of a “game changer” should be a familiar one.  For, when the medical condition first began to impact one’s health, that– in and of itself — was a game-changer: against you.  And when your work began to suffer because of the medical condition — that, too — was a game-changer: against you.  And when you needed to take excessive Sick Leave and Annual Leave, then LWOP, that was again a game-changer – again and too familiarly, against you.

It is perhaps time to begin preparing a Federal Disability Retirement application through the U.S. Office of Personnel Management; that, too, may be a “game changer”; but this time, in your favor, so that you can perhaps begin to focus upon the changing games that need a true game changer – your own health.

Sincerely,

Robert R. McGill, Esquire

 

Medical Annuity after a Disability in the Federal Workplace: Formulaic writings

It is both of predictability and boredom that we seek when enjoying such genres of form and content – of the “formula” in a who-dunit, or a love story that brings together two unlikely individuals in their awkwardness and geekiness, but somehow overcomes the considerable odds and obstacles placed in their way (and we don’t ask, in a 2-hours snippet, how can so much happen to two people when not even a smidgeon of such events were faced in our entire lifetimes?) and ending with an orchestral crescendo that brings tears that raises handkerchiefs throughout the audience, which we all quickly stuff into our back pockets with embarrassing quickness when the lights are turned on.

But that formulas could be applied to real life, and not just in presentations that appear slick, without error and marketed with such efficiency that we think it is just that the “other person” is naturally good at it, and we are not.  But that’s the point, isn’t it?  Formulaic writings, formulaic plays, formulaic movies, formulaic – lives?

Perhaps it exists in the fictional world of fairytales and corporate pathways where certain individuals – whether because of the family name, the tradition of old wealth, or those “connections” that the inner circle depends upon for their very survival – are groomed towards reaching the top in some predetermined formulaic manner.  But for the rest of us, our lives are more likened to the undisciplined ocean where storms come at unexpected and unpredictable moments; strong surges and wind currents destroy that which we have so carefully built; and our ship’s rudder suddenly fails to guide or lead us towards our intended destinations.

There is no formula.  We are left without a map, less a compass, and more and more without the guidance of our parents or grandparents because, they, too, have become as clueless as the rest of society.

And for Federal employees and U.S. Postal workers who suddenly find that a medical condition has interrupted their career goals, hope for the future and dreams of security – preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may become a necessity.

Then, when one researches and looks at SF 3112A, Applicant’s Statement of Disability, one realizes that the questions posed are the same posed to everyone who files – and so the information requested is based upon some “formulaic” approach from the agency’s side of things; but what about the individual Federal or Postal employee’s side of it?  Is there, also, a “formulaic” approach to winning a Federal Disability Retirement case?

Like everything else in life, it always seems as if the slick advantage that the large bureaucracy possesses is overwhelmingly in favor of going against the Federal or Postal employee.  However, there is, indeed, a “formulaic” response – and that is the “laws” that govern Federal Disability Retirement.

Life in general may not always have a winning formulaic approach, but in preparing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, it is best to at least garner the formulaic support of the laws that protect and preserve.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The river of life

The evocative images of such a metaphorical phrase are immediately understood by most.  As in challenges we all face throughout life, a river snakes across different and foreign terrain; in some seasons, a drought may dry up the vibrancy of the river, while in times of plenty, flooding and overabundance may occur.

There are periods of swift currents, and days of lazy haze; and underneath the calm exterior is an underworld of activity and blur of living, both of tumult as well as those timeless memories forever remembered, and it is precisely the paradigm upon which Heraclitus staked his perspective upon with the statement that “No man steps in the same river twice.”  For, indeed, the essence of the universe is one of ever-present change; it is the one constant in a life filled with unpredictable indifference, of inchoate beginnings that never lead to any fruition; of trials encountered without reason or rationale; and the river of life leads us through the mountaintops of emotional pinnacles and down into the depths of a valley so dark that despondency fails to reach the eternal chasm of sadness undefined.

Streams flowing into rivers; unexpected tributaries swallowing up the nameless and uncharted waters; and of snowcaps that melt and flow without fluidity of purpose, so life brings about such challenges, engagements and unexpected face-offs.  What are we to make of this river?  What to do in this life?  Must we always be defined by accomplishments, or can the value of a human being be sufficient by reason of a self-fulfillment of an ego’s search?  Is it truly the person who has amassed the greatest amount of “stuff” who is considered the “winner”, and does the river of life grant any greater significance, relevance or meaning to the quantifiable monetary value than to the man who dies penniless?

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition necessitates the Federal or Postal worker into preparing, formulating and filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management, such questions embracing the river of life can be daunting, obsessively important, and awakening of a spark in the deeper recesses of one’s forgotten past to come to the fore.  Why?  Because medical conditions force a prioritization of values, meaning and relevance in one life; and, indeed, that is the foundational essence of every river of life – of what we believe; that we believe; and for which we believe.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Childhood wishes

We had them; some of us still remember and harbor them like sacrosanct relics of priceless value; and still others know of them and recollect some general idea long forgotten, once delighted in, but now rotting in the vestiges of abandoned buildings hollow but for the frame that haunts in the midnight moon.

Wishes remain throughout one’s life, whether in the stage of adulthood or old age; but it is the childhood wishes one remembers that reveal the empty soul of what one has become, may still be, but struggles to abandon with a hope for tomorrow.  Some of them may be set aside as silly thoughts of an immature time; others, a revelatory insight into who we were, what made us become what we are today, and a telling hint of our present-day bitterness of embattled constitution.

Perhaps it was a love thwarted; a Dickensian tale of another Scrooge who foolishly wanted to pursue one pathway at the cost of another; or, maybe the childhood wishes were merely promises of correcting the sorrow of yesteryears, where neglectful parents and inattentive love left one yearning to promise corrective action when one became a parent yourself, but somehow such commitments were waylaid by daily life – of money troubles, relationship squabbles and expectation bubbles bursting by fits and starts.

It used to be that, before the age of Facebook and obsessive hounding for revelatory information about past friends and acquaintances, people would try to “better themselves” when they went away in order to come back and “show them” how successful one had become upon the glorious return and reentry at gatherings such as high school and college reunions – much like the Tom Sawyer effect of coming back from the dead – but not anymore, as everyone already knows everything to know about everyone else before such a re-gathering is effectuated.

At some point in one’s life, the comparison between childhood wishes and the reality of a daunting world magnifies the contrast that leads to an inevitable conclusion: the naïve innocence of those former times either worked as a detriment, in which case cynicism prevailed; or, those childhood dreams allowed for an expansive, healthy and positive outlook such that they provided a foundation for growth and potential for happiness.

For Federal employees and U.S. Postal workers who are struggling with a medical condition, such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal job, perhaps contemplating Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is the next step beyond for one’s future and security, and thought to be the “end” of something.

The difference between the two approaches may be nominal, or momentous, depending upon how one looks at it.  Is it like the proverbial attitude of the “cup half full” or “half empty”?  Or, is it because childhood wishes were never resolved, and that lonely and unhappy child one remembers never quite grew up, and the debilitating medical conditions now recall the dreams never realized, the hopes barely reached, and the potentiality not quite cultivated to fruition?

Look at it this way: Medical conditions are a part of life and daily struggle; filing for Federal Disability Retirement benefits should not be viewed as either the end-all or the be-all, but a necessary next step with a view towards advancing beyond the childhood wishes one still awaits to fulfill.

Sincerely,

Robert R. McGill, Esquire