FERS & CSRS Disability Retirement: The compelling reason

What makes a “reason” to do something “compelling”, as opposed to voluntary or optional?  Is it when the choices given are no longer existent and one must by necessity or default act — not out of choice but by being forced to?  Is it the unwillingness of the individual that defines the act, or the lack of alternatives remaining that determines the defined moment?

Or, perhaps it is a “feeling” of involuntariness that justifies the declaration that there was a “compelling reason” to do X or Y, which would create an oxymoron of sorts, to breathe the utterance of “feeling” alongside “reason” in the same sentence.  Is there ever a compelling reason to do or to say something, or is it all voluntarily undertaken, just some acts or declaratives taken with better reasons than others?

For the Federal employee or U.S. Postal worker who suffers from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of oner’s Federal or Postal job, is there ever a compelling reason to inform the agency prior to a submission of a Federal Disability Retirement application that one has an “intention” to do so?

If the Federal or Postal employee is under pressure because he or she has already exhausted all SL and AL, and has used up the weeks of FMLA that have garnered some semblance of protection, is it a good idea to inform one’s Federal Agency or the Postmaster of one’s facility that you are gathering the necessary information to prepare a Federal Disability Retirement application?

The general rule in such matters is: Unless there is a compelling reason, Don’t.  However, each individual case is different, and unique and particularized circumstances may well define what the “compelling reason” is — as to whether it is indeed “compelling”, or even a good enough “reason”, as opposed to a “feeling” that one possesses.

In the end, the compelling reason is the one that is made without alternatives to consider; but alternatives are the reason why you should consult with an attorney who specializes in Federal Disability Retirement, precisely in order to consider those options which you may not even be aware of.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: This upside down world

How many whistleblowers would do it all over again?  How many regrets does it take to screw in a lightbulb?  The answer: Few as to the first question, and at least a dozen in response to the second.  For, as to the second query, while one person engages in the mechanical act of lighting up the room, it takes all of the others to fail to assuage the regrets of a person who has tried to do the rights thing, and has lived to suffer the consequences.

We grow up being taught all sorts of empty adages — how “truth reveals all”, or that “justice prevails in the end”; and though the old hero of simplicity has now been replaced by more “complex” characters of mixed good/bad/neutral, still the naïveté of childhood upbringings tend to haunt beyond the loss of innocence delayed.

This is an upside down world where the clear-cut demarcations that once were inviolable have now become obscured, and where leaders can argue with a straight face any and all positions, whether self-contradictory, hypocritical or just plain nonsense, and can get away with it without any regrets or loss of sleep.  Perhaps it has always been like that and we just didn’t realize it.  The wealthy have always been able to get away with more; the powerful, without much consequences; and when the combination of wealth and power become aggregated, there is little to impose any checks and balances that might have tempered the onslaught of injustice.

For the Federal employee and the U.S. Postal worker who suffers from a medical condition, where the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the fact that we live in an upside down world becomes exponentially the case because of the medical condition itself.

Progressive deterioration and chronic debilitation are often the rule of a medical condition, and just to survive another day without pain, without emotional or mental anguish — these are the hallmarks of needing to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

The world is about as topsy-turvy as it can get; but when the private world of one’s health begins to deteriorate, that upside down world becomes a tumultuous maze of a conundrum wrapped within an insanity that cannot be escaped from, and that is when you know that preparing, formulating and filing an effective Federal Disability Retirement application becomes a necessity in a universe that requires some wisdom, and turning to the advice of an attorney who specializes in Federal Disability Retirement is often the first step in providing a balanced perspective within this upside down world.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The little pleasures in life

One often suspects that the concept itself was invented by the wealthy and scornful — perhaps in some back room where caviar and champagne were being served, and someone whispering, “Let the little people have some little pleasures in life…”.  It is that which we are prevailed upon to believe as the ultimate contentment of life: of the “little pleasures” that pass by as the greater significance, as opposed to owning an original Monet or a Renoir.

Is it all bosh?  Does sitting alone with a fresh cup of coffee before the din of life invades — can one glean any greater pleasure than that very moment of quietude just before?  When one stands in those rare moments of uplifting insights — as when, on a clear and darkened sky, you look up and see the trail of a shooting star — does the fact that everything else in the world seems to be falling apart make up for it because you suddenly realize the majesty of the colorful universe above?  Or of a playful lick from your pet dog, the squealing laughter from a child’s joy, and even of the simple pleasure of reading; do these bring greater pleasures than caviar and the roar of a yacht’s engine?

Perhaps there is truth in the admonition of the wealthy that little people should be allowed to enjoy the little pleasures in life; otherwise, what would we all be left with?

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 worker from performing one or more of the essential elements of one’s Federal or Postal job, the little pleasures in life will often have become the greater tragedies of reminders — reminders that you cannot even do those things you once took for granted.

When that critical juncture of realization comes about, then there is often the further recognition that it is time to prepare, formulate and file for Federal Disability Retirement benefits, to be submitted through the U.S. Office of Personnel Management, in order “go back to the basics” — of prioritizing one’s health as opposed to work and career; of regaining the little pleasures of life, like having a restful sleep without the interruption from pain or anxiety.

For, in the end, whether born of wealth and privilege or of ever struggling to meet a bill, it is truly the simple pleasures of life that provide for the foundational clarity of truth in a world that promotes falsity that becomes revealed when the importance of one’s health comes to the fore.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Information: Truth and Falsity

There is much discussion about the nature of truth and falsity in our world — if, indeed, shouting and counter-shouting constitutes discourse rising to the level of a “discussion”.  Whether there is Truth with a capital “T”; or are there various versions of multiple “truths”, where my truth is just as valid as your truth, and falsity as merely the negation of yours at the sacrificial behest of mine?

There are apparently “truths”, “alternative truths” and “parallel truths”, and perhaps all of them can “get along” and vie for the vaunted position of the lofty “Truth” with the capital “T”, so long as we all don’t roll upon the carpet with laughter within our bellies demeaning the statements made by various politicians claiming a corner of their truth as opposed to the truths that we all know to be true.

The truth is, Truth can take various forms, and it is the subtle distinctions that are lost in the inane discourse of modernity where relativism, lies, inaccuracies and the capacity to conflate and confuse have made it all “bosh”.

To begin with, there is a presumption of a truthful statement — otherwise, the entire concept of a “lie” would become meaningless.  Then, of course, there are statements of truth that are contextually relevant, as in the statement, “I am staying home today with my sick child.”  If such a statement were to be declared on another day, it may be an untruthful statement.  Furthermore, personal experiences attached to statements undermine the objectivity and universality of the utterance, as in the simple declarative, “I feel good today”.

The very concept of truth and falsity is much more complex than the simple and inane discussion that has developed from the recent discourse of truths, alternative truths and what constitutes factual statements, inaccurate ones or outright lies; but suffice it to say that most people can recognize the difference between truth and falsity, just as people know the difference between day and night even if there are shades of twilight and dawn.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of his or her Federal or Postal job, the distinction between truth and falsity is represented by the stark reality of the medical condition itself, and may often determine the course of future actions yet to be contemplated.

The truth:  The medical condition is beginning to impact my ability to perform my job duties at work.  The falsity:  If I just ignore everything, it will all just go away and I will wake up from a bad dream.  And the subtle distinctions like the dawn of light or the quietude of twilight: Federal Disability Retirement is not something that I want to choose, but it is the best option available for my situation.

Sometimes, it is not the stark choice between Truth and Falsity that matters, but the option taken must take into account the contextual reality of what is —that is, if you can even know these days what the definition of “is” is.

Sincerely,

Robert R. McGill, Esquire

 

Legal Representation for OPM Disability Claims: Hope & Plan

It is the latter that gives rise to the former; and the former that remains forlorn and tattered until the latter begins to take shape.  Hope without its latter partner, a Plan, is like the proverbial boat without a rudder; drifting amiss amidst the torrential currents of directionless pathways, being guided throughout by the vicissitudes of uncertainty.

One can hope for many things in life, but hope without a plan is tantamount to allowing a child to wander through a candy store without instructions or restrictions; unfettered liberty leaves one to one’s own devices that more often than not leads to self-destruction.

Whether “the plan” is a good one, a well-thought-out one, or a flawed shadow based upon a rational discourse of options considered is less besides the point than to formulate one in the first place.  Plans can always be modified along the way; adapted to, altered and changed in order to “fit the circumstances”, as every blueprint is merely the rough draft of a finalized product.

For Federal employees who are under FERS, CSRS or CSRS Offset who have begun to suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of the person’s Federal or Postal job, the “hope” is that the medical condition will soon go away, health will be restored and the Federal or Postal employee will become fully recovered.

Sometimes, however, hope’s desire fails to become fulfilled.  In such an event, hope needs a plan, and the plan is to prepare, formulate and file 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 solitary hope without a developing plan is likened to a piece of driftwood racing down the river of time; what you do not want to have happen is to travel so far down hope’s uncertainty where the waterfall meets the lack of a plan that dashes any hope left.

Sincerely,

Robert R. McGill, Esquire

 

Federal OPM Disability Retirement: The Office of Personnel Management (OPM)

It is the acronym that represents a Federal Agency whose “headquarters” is located in Washington, D.C., but has an intake office in Boyers, Pennsylvania.  There has been somewhat of a “reorganization” of sorts, where — in the past — the Boyers Office was merely where all Federal Disability Retirement applications were received, initially processed for identification and assignment of a “case number”, then shipped to Washington, D.C. for further consideration, evaluation and determination.

However, in recent months, the reorganization at the U.S. Office of Personnel Management has involved shipping cases back to Boyers, PA where the actual assignment to an administrative specialist, an initial medical review and ultimate determination have been made.

The U.S. Office of Personnel Management has thus been in somewhat of a “transitional” mode as cases have been, and are being, divided between the two locations, with the ultimate goal of transferring all cases back to Boyers, PA.  Telephone numbers have been changed, some internal turnover and turmoil have occurred in the meantime, as happens with all organizations that experience and undergo changes.

However, the good news is that there appears to be some movement in issuing decisions on some older cases that have been sitting at OPM for quite a while, and such minor indications give many Federal and Postal employees a glimmer of hope that his or her Federal Disability Retirement application will soon be favorably resolved.

Wherever your individual case is at — at either the Boyers location or still at the Washington, D.C. location — always remember that Federal Workers throughout are attempting to do their jobs to the best of their capabilities, utilizing the tools provided and the manpower available, and while frustrations may be justified because of the thin line between patience and panic, courtesy in speaking with anyone at OPM should always be the first, middle and last line of a successful inquiry.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Government Employees: Age-based worth

That is the ultimate hub of it all, isn’t it?  Age is always a factor, whether a society enforces protective measures, anti age-discrimination laws, or simply deny the underlying existence of the subtleties that conceal the unfairness of it all.  What is it about age that compels people to judge the worth of others based upon it as the singular criteria that determines value?

If a person is expected to be at the “end” of one’s life — say, nearing 80 or 90 years old — is that person’s worth any less than the newborn who enters upon this world with the same expectancy as that old codger’s past remembrances?  Why do we consider it an honorable gesture if, on a ship that is about to sink, the older men make sure that children (and women) are the first to fill the lifeboats and rafts before considering themselves?  Are their lives not worth of any greater, equal or identical value as the young ones who benefit from such unequal conduct?

Perhaps, in modernity, such gestures of chivalry would no longer apply, and the more current perspective of “first come, first survive” would be the rule of the day.  In a society where criteria of worth and value have been cast aside and where each individual is considered without regard to age, race, ethnicity or origin, is perhaps the better approach — but is that true in all contexts and circumstances?  The fact that there should be no discrimination based upon age in the workplace — does it mean that the same rules should apply in the sinking-ship hypothetical?

For Federal employees and U.S. Postal workers who are considering 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, age must always be a consideration because of the automatic conversion to regular retirement at age 62.  On the other hand, the time that a person is on Federal Disability Retirement counts towards the total number of years of service when the recalculation occurs at age 62, and so the extra percentage points will be of great benefit no matter how old a person is.

The laws seem always to favor the younger, and age-based worth is often a consideration in engaging any and every sector of life, and that is no different in considering filing for OPM Disability Retirement benefits, whether under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire