Federal Disability Retirement Claims: The present preference

Given the choice, it is almost always the present preference that is chosen, while the long-term goals, aspirations or necessary planning are set aside, ignored, subverted or otherwise delayed for another day.  We prefer to remain in the present circumstances, in lieu of future contexts unknown, for the familiar is always to be preferred to the strange and unrelated.

The key to change away from the present preference is often based upon the spectrum of a “tolerance/intolerance” gauge — an informal, almost unspoken manner in which we react based upon various factors that have developed over many years: tolerance/intolerance of pain levels; quality of life issues, whether consciously realized or intuitively maintained; the balance between weekends encroached and the weekdays approached; whether productivity rises or falls; and other similar factors, both involving professional goals and aspirations as well as personal perspectives upon the worth of maintaining the status quo or allowing for the tumult of change.

Medical conditions often warrant a move away from the present preference.  In reality, no one “prefers” the present when the change is imposed from external sources, or where there is simply little control or influence to exert upon stopping, hindering or otherwise slowing down the change itself.  The present preference is merely borne of laziness or the pure enjoyment of non-change, as the known is almost always preferable to instability and the strangeness of other worlds.

That is why we take short vacations and jaunts to other cultural enclaves, but return home to the safety of our known environments.  But when a medical condition begins to impact one’s ability and capacity to perform one or more of the essential elements of one’s positional duties, as it can with Federal employees and U.S. Postal workers under FERS, CSRS or CSRS Offset, the changes impacted from the external forces of an unwanted medical condition may necessitate the modification of the present preference for the status quo.

Living with a medical condition itself is traumatic enough; altering the present preference of a life one is used to, is almost always a further tumultuous necessity that one instinctively resists, but recognizes the inevitability of.

For Federal and Postal workers who have come to a point of realizing the necessity of modifying the present preference, preparing, formulating and filing an effective OPM Disability Retirement application, to be ultimately submitted to the U.S. Office of Personnel Management, is the first step towards conforming to an unfair external influence characterized by the medical condition itself.

Consulting an attorney who specializes in the administrative complexities inherent in the Federal Disability Retirement process will often help to buttress some of the changes that are necessary, if only because information and knowledge allows for the decision-making process to prevail with needed insights presented in order to adapt away from the present preference of an increasingly debilitating medical condition.

Sincerely,

Robert R.McGill, Esquire

 

FERS & CSRS Medical Retirement for Federal Employees: Illness

It is the pause button rendered by the universe, often without warning, without invitation and unwelcomed by all.  Is it the gods laughing in the heavenly seclusion, as wanton children playing with the mortality of souls unrequited, as matches in the hands of mischievous hearts undisciplined by law, life or empathy?

Then comes the triteness of wisdom, yet true but too late: “Oh, what a blessing health is”; “Is there a lesson to be learned?”; “Why me?”.  Is this the crisis of life that is merely an obstacle to overcome, or the long road towards a progressive decline where mortality is not just tested, but revealed as the weak link in the proverbial chain of man-to-gods-to the theology of our own creation?

Illness comes like that unwitting thief in the dead of night, but unlike the burglar who tries to remain silent but for creaking floors and unoiled passageways, it comes without concern for being revealed.  Does the universe test – or remain impervious like Aristotle’s Unmoved Mover, where perfection attracts all towards its essence and destroys everything that attempts to escape?  Who determines the criteria of such a test?  What constitutes a “passing grade” as opposed to a failure in its mere attempt?  Is the evaluation contained within the strength of one’s own character, and what results in a declaration of “success” as opposed to the failure of everyday lives?

If it is truly a test of character, then Federal employees and U.S. Postal workers certainly get enough of it to collectively get a passing grade.  Yes, fortunately, there is the option of filing a Federal Disability Retirement application, but for almost all Federal employees and U.S. Postal workers, the reality is that such a step is the last option chosen.

It is not so much that the benefit reaped from a Federal Disability Retirement is so miserly as to not make it worthwhile; no, to a great extent, the annuity of 60% of the average of one’s highest three consecutive years of pay, then 40% every year thereafter until recalculation at age 62 is generous enough to survive upon, especially when the alternative is to remain and kill oneself, resign and walk away with nothing, or file for Federal Disability Retirement benefits; and, in conjunction with the ability to go out into the private sector and be able to make (on top of the Federal Disability Retirement annuity) up to 80% of what one’s former position currently pays – it can lead to an acceptable level of financial security.

Ultimately, however, it is a truism that Federal employees and U.S. Postal workers wait until the final possible moment before making the decision to file a Federal Disability Retirement, often allowing the illness to debilitate beyond the point of reasonable acceptance.  That, in and of itself, is a character test, and one that makes the illness itself of secondary concern, when one’s health should be given the highest priority, lest we allow the gods of wanton carelessness to have the last laugh.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement for Federal Employees: Age

It is only that proverbial “state of mind” for those it does not impact; then, when reality sets in, the decrepit bones and uncooperative muscles, inability to will the stamina to rise to the occasion, and the creaking temerity of organs unable to muster the vitality of even a decade ago, we submit to the currency of our own destiny.

We can scoff at it; deny it; attempt to defy its residual consequences; and even remain indifferent to its effects; but in the end, mortality demands a say in the matter, and age is like the ravages of time and the echoes of a haunting flaw:  inescapable and unwavering, it creeps up and declares its prominence at the head of the table.  Some feel the effects well before the standard time; others attempt to revolt and rebel until the impervious universe indifferent to human incantations of defiant ineffectiveness simply ignores the pleas of hopeless tumult.

Age comes upon us like that undeniable thief in the night, burglarizing the last remaining hope and hint of a better tomorrow.  Of course, the connotation can be twofold or more:  Of the linear quantification from birth to the present, counting in solar years and seasons of rotational inevitability; or, it can denote a state of moving beyond the halfway point and into the pendulum swing of destiny evidencing man’s mortality.  There are, of course, other meanings – of a certain epoch or period; uses like, “coming of age” or applying it to various methodological interests in placement within a period of history.

For Federal employees and U.S. Postal workers who are contemplating preparing a 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 relevance of the term is multitudinous:  Age in terms of eligibility towards regular retirement; how old, but more importantly, can one continue until retirement age, or will the ravages of time, medical conditions and deteriorating workplace environment lead one to such a decrepit state that to continue on would merely evoke a devastation of any future hope of enjoying retirement at all?

For, when the stated age of one’s linear presence in this universe is far less advanced than how one feels “health-wise”, and the hollow look of hopelessness prevails where the future is merely a black hole of bleakness, another turn of pain and suffering, and no amount of “positive-thinking” will brighten an otherwise dismal perspective, then what would be the point of continuing to struggle just to meet the linear statement of age, but have no joy left to reap its benefits promised?

Preparing an effective Federal Disability Retirement application, to be submitted to OPM, is an option to consider, when age cannot be prolonged to meet the eligibility requirements for regular retirement, and the body, mind and soul are screaming out that one’s career has come to a point where age is no longer a factor in considering whether or not the essential elements of one’s positional duties can be met – instead, the proverbial dawn of an age forthcoming requires that something must give, but age is simply an echoless march of time that hears not such cries of rebellion or protest.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement under FERS or CSRS: Clueless

We are, for the most part, clueless in most things.  Those very limited subjects of which we are deemed an “expert” or having some partial knowledge about, are merely one in a million, and so we walk around thinking highly of ourselves, yet clueless in 99.9% of everything else.

Fortunately, there is no criminal statute that can be imposed upon being clueless.  Life is complex enough without having to acknowledge that we walk about without any real idea as to how to tackle the problems; but as braggadocio wins the day for most people, most of the time, so long as the next guy believes that we know what we are doing, it counts for much of life’s conundrums.

Most people aren’t even barely competent in their chosen fields until they have been engulfed in the technicalities presented for 20 – 30 years; then, just when competence is assured, we are fired or otherwise dismissed summarily.  Knowledge and wisdom in this country is never valued; rather, the cult of youth, plastic surgery to extend the appearance of it, and the irrelevance reflected in casting aside those who have passed the halfway mark reveals much about this society.

That’s the problem with Federal agencies and the U.S. Postal Service; they believe that Federal employees and U.S. Postal workers are essentially fungible goods, replaceable with youth or some other inexperienced and clueless individual.  Look at the entire issue of “accommodations” and Federal Disability Retirement law; agencies rarely put in the effort, other than a simple computer search to try and do a “match” between skill-sets and position descriptions (sort of like a corollary to internet dating sites), and the entire process and procedure reveals much about the value that Federal agencies and U.S. Postal workers place upon experience and wisdom.

For Federal employees and U.S. Postal workers who are considering filing for 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, the questions surrounding SF 3112D and the Agency’s efforts to reassign or otherwise “accommodate” the Federal or Postal employee’s medical disabilities, is a rather complex issue to explain in full.

Suffice it to say, however, that a truly viable, legally-acceptable accommodation rarely, if ever, happens, and therefore is almost never a roadblock to filing an effective Federal Disability Retirement application.  It is just another indication of how clueless even the Federal Agencies are, as well as the U.S. Postal Service; and as we all step into the general cauldron of cluelessness within the confines of a clueless universe, preparing an effective Federal Disability Retirement application can serve to be an escape into the next phase of a clueless process.

Sincerely,

Robert R. McGill, Esquire