Disability Retirement for Federal Government Employees: The intransigent excuse

Much of life is spent in retrospectively justifying actions; the remainder of the time, of making excuses where we can, and when we need to (which is often).  The great thing about excuses is that the reserve of them can never be depleted; like the never-exhaustive stars in the universe, we can always discover, make up, or otherwise concoct another.  Thus, to counter that a person has “run out of excuses” is to defy reality; we can always, if the need requires, go back to one that we long ago abandoned, and stick to it.

It is that intransigent excuse that tends to defy – the one that, though unreasonable by most accounts, nevertheless provides a shield of protection for the one who clings to it.  For, the one who tightly embraces an intransigent excuse never, of course, considers it as such; it is, instead, the fault that rests upon the rest of the world in a conspiracy of illogical motives that attempts to change course and offer alternatives as to facts, opinions or best avenues for future courses of action.

As to the one clinging to such excuses, it is never characterized as such.  No, instead it is an explanation in light of reasonable circumstances; a logical conclusion based upon facts as interpreted; and, even if the rest of the universe fails to comprehend the logic of the stated foundation, the intransigent excuse is the last bastion of the proverbial wall that may force us to do, acknowledge and admit to that which we vehemently resist.

For Federal employees and U.S. Postal workers who are in need of filing for Federal Disability Retirement benefits, whether under FERS, CSRS or CSRS Offset, the primary concern is to get beyond an intransigent excuse.  While there are very few circumstances in which filing for Federal Disability Retirement is “too late” (other than the obvious one, of course, of complying with the Statue of Limitations of filing within 1 year of being separated from Federal Service), the key is to file before it becomes an emergency.

As OPM has a large backlog of cases and they are taking longer and longer to review, evaluate and make decisions on a case – leaving aside the problem of even first having them to assign a case to a reviewer/ administrative specialist – there must needs be some forward planning and foresight of future-oriented perspectives, and it is often the intransigent excuse which defies, builds a wall against, and creates seemingly insurmountable obstacles in moving forward.

Life is full of obstacles, and the ones we build ourselves are often the most difficult to overcome.  Filing for Federal Disability Retirement benefits is a big decision to make; thought, preparation and formulation of a plan is often necessary.  Just do not allow for the intransigent excuse to be the wall that prevents the reasonable approach to prevail.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement under FERS and CSRS: Doubt

Is certainty its antonym – or is it too rigid and lacking of linguistic elasticity to merit such a position?  For, doubt allows for an openness to both sides, doesn’t it – whether God exists or not; whether, in the end of life’s spectrum, judgment will deem our microscopic deeds worthy or not; and of illnesses, an erupting disability, or one which cravenly lingers beyond mere chronicity of irritation, but continues to periodically debilitate, and progressively annihilate the soul of patience for furtherance to hope.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the Federal or Postal employee must begin to consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS, CSRS or CSRS Offset – where does doubt end, and certainty begin?

To begin with:  Doubt as to whether one’s medical conditions are severe enough to warrant consideration in filing for Federal Disability Retirement benefits, and certainty as to the strength of one’s own case.  Doubt as to whether the medical evidence gathered is sufficient to meet the preponderance of the evidence test, and certainty as to the relevance and strength of a meritorious compilation of demonstrable material.

Doubt as to whether the U.S. Office of Personnel Management will provide a fair evaluation of one’s Federal Disability Retirement application, and certainty as to the case being a “slam-dunk” venue for Federal Disability Retirement benefits.  Doubt as to whether one’s Human Resource Office will protect the privacy of the medical evidence submitted (if the Federal or Postal employee has not been separated from Federal Service or, if separated, not for more than 31 days), and certainty that any violation of privacy will likely occur, but considering the options available, proceeding anyway.

How healthy is doubt?  How unhealthy is certainty?  Is doubt more akin to uncertainty than being the opposite of certainty, and if so, why would the negation of the root word transform it into a synonym?  Is it a grammatical rule that the test of an antonym is to negate its root, and if it becomes a synonym, then by logical extension, the root was its antonym?  Is that the same with feelings as opposed to beliefs; or of rationality in contradistinction to the Aristotelian appetitive parts of the soul?

In the end, the Federal or Postal employee must contend both with doubts and unrealistic expectations of certainty; for, when dealing with an administrative Juggernaut such as the likes of the U.S. Office of Personnel Management in filing a CSRS or FERS Disability Retirement application, a healthy dose of doubt, combined with an aggressive approach bordering on certainty, is the best mix of medicines one can take or – to put it more quaintly:  go it alone with doubt, take an aspirin, or consult with a lawyer who specializes in Federal Disability Retirement Law so that you can at least arrive at some semblance of doubtful certainty.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: The factors to consider

Whenever a problem arises, are you the kind of person who immediately rushes headfirst in order to “solve” it?  Are you like a first responder who by necessity, duty or conscience of being, sprints to save and runs to resolve?  Or, in contradistinction to circumstances that require thoughtless effort but urgent actions, do you consider the factors and ask the question, What criteria must be applied?  What would be considered a resolution of the problem, as opposed to a temporary cessation of a crisis-driven implementation?

The two are somewhat dissimilar, of course, in that the first example often does not have the luxury of pausing for a query, and the latter may allow for an ebb of questioning.

Thus, one would not want a philosopher pondering the conundrum of existential posits when the primary pipe draining sewage away from one’s home has a crack that is growing into an open fissure.  On the other hand, if repetition of recurring problems have haunted for some time, and the solution appears to require something beyond mere pragmatic settlement but a higher order of principled restraint, the factors leading to an overarching criterion may be mandated for a more far-reaching solution.

This is true in much of life.  There are many who repeat the same thoughtless actions only to find that the temporary solution comes back with ever greater fervor; few who ponder the underlying principles; and lesser still of a community of thoughtful cadavers who awaken from the slumber of daily monotony to consider the underlying factors that gird the first principles of life itself.

What factors need to be considered?  Where do we go from here?  Can we live on such reduced income?  Can we make it to the age of retirement, or the required combination of service time plus age, and still be in good enough health to enjoy some semblance of a retirement?  Will my agency continue to harass, employ mechanisms of onerous leave restrictions, and ultimately impose the sanctions of constant workplace hostility, and can I survive them all?

For Federal employees and U.S. Postal workers who have come to a crossroads of sorts, where the medical condition, the inability to perform all of the essential elements of one’s positional duties, and the pressure that can no longer be withstood with the coalescence of such onerous burdens, preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the first step in resolving the repetition of a horrendous culture of dismay.

Life is never perfect, but when a problem which appears persistent and chronic will not simply go away because being a first responder is not the right solution to the difficulty, then the Federal or Postal employee must consider the factors that underlie the problems which constitute the principles inherent, and move forward with pragmatic steps towards a brighter future for tomorrow.

Sincerely,

Robert R. McGill, Esquire