Postal and Federal Employee Medical Retirement: Preponderance of the Evidence

It is the legal standard by which civil (non-criminal) adjudications are based upon, and whether or not it can be rationally demarcated as against other standards – i.e., “Clear and convincing evidence” or “Proof beyond a reasonable doubt” is a question for legal theorists and the schools rendered under the general aegis of, “The Philosophy of Law” – is a valid question in and of itself.

For, we can dress prettily and puff up the definition of what it all means, and bifurcate and explain how the three standards are distinct and differentiated by the increasing severity of the criteria to be applied, but in the end, the juror who goes back into the room to consider the guilt or innocence, the fault or apportioned negligence, is entirely subjective.

For, is there a clear demarcation as to what “reasonable” is?  Can one delineate what is “clear” to one and “convincing” to another?  If a witness has perfect recall and a persuasive manner of telling a “story”, if one juror blurts out, “Oh, but his eye twitched and he was clearly lying through his teeth!” – what then?  And the concept that one side has a “preponderance of the evidence”, or to put it in different but equally confusing terms like “more likely than not” or “the greater weight of truth” – what do all of these analogies and metaphors mean, in the end?

Surely, there are the “easy” cases – an entire football stadium who saw a man shoot another, and the assailant who confesses to the murder; these, we can say are “beyond a reasonable doubt”, but even then, a single juror who has a beef against societal constrains can “nullify” a verdict by holding out.  So, what is the answer (or, for some who are still confused, “what is the question”)?

For Federal employees and U.S. Postal workers who are entering the legal arena of preparing a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the expectation, of course, is that the OPM Medical Retirement application will be approved at the first or second stages of the process – i.e., at the Initial Stage of filing a Federal Disability Retirement application with OPM, or at the “Reconsideration Stage” of the process after an initial denial.

That being said, the Federal or Postal employee must – and should – consider the Third Stage of the Federal Disability Retirement process, which involves an Administrative Judge before the U.S. Merit Systems Protection Board.  That is when the legal standard of “Preponderance of the Evidence” will ultimately become relevant and operative, and where the evidence gathered and the amalgamation of arguments proffered becomes a basis for testing the validity of legal standards and the meaningful application of the law, evidence, and statutory interpretations.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Time, Memories and Forgetting the Never-ending Cycle

It is well that human beings have short attention spans and memories, lest the magnification of residual retentive powers should lead one to act.  Despite daily repetition of pain, frustration and humiliation or turmoil, we are ready to repeat the process, and let our memories fade into oblivion.

Perhaps it is merely another one of the genetically-engineered traits for survivability within the evolutionary context of epochs of adaptation; or, a more proverbial mis-attribution to P.T. Barnum that there is a “sucker born every minute”.  Whether the former (which merely describes a state of “how” we act) or the latter (which explains the “why” of behavior), the determination for self-immolation gladly volunteered on a daily basis, also reveals the strength of the human essence.

For Federal employees and U.S. Postal workers who daily suffer through the physical pain of a medical disability, or the cognitive dissonance of psychiatric conditions (which is also a form of pain, interpreted through depression, anxiety, uncontrollable panic attacks and other symptoms of psychological ideations), the daily encounter with one’s Federal agency or the U.S. Postal Service can be a repetitive process of harassment, self-destructive engagements, and periodic spans of suffering.

Time is the void of space experienced throughout any given day; memories, the shutting aside of one’s experiential chaos; and the need to forget the cycle of turmoil reflects the necessary next step in order to separate one’s self from the repetition of progressive destruction.

Preparing, formulating and 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, is a means to break the tripartite cycle of daily turmoil, pain and suffering, by allowing for the Federal and Postal employee to reach a circumstance where rehabilitation of one’s deteriorating health becomes the pinnacle of concern, unlike the lack of empathy and impassive looks of unsympathetic coldness shown by the agency, the U.S.Postal Service, managers, supervisors, and H.R. Personnel.

Time is what precisely the Federal and Postal worker who suffers from a medical condition, such that the medical condition no longer allows for the full working of all of the essential elements of one’s positional duties, needs and requires; memories are those which one cherishes for the sake of longevity; and forgetting the never-ending cycle of progressive deterioration can only be stopped by taking affirmative steps to prepare, formulate and file for Federal Disability Retirement benefits through OPM.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement: From Whence We Came

It is often quipped that the advantage of human psychology is in our short memories; otherwise, we would walk around with greater angst than we deserve.  The accomplishments achieved; the accolades left unstated; perhaps in menial tasks or ones of recognized significance; but in any event, a career, all told, which spans a decade or more, will always have a sense of achievement, if only for the steadfastness of commitment itself.

In this day and age, where millennials change jobs as often as infants of diapers, the career of a Federal or Postal worker which spans multiple decades is an anomaly itself.  Whether the goal was to make that 30 years, or simply because the Federal or Postal employee liked what he or she was doing, matters not.  Commitment in and of itself is an achievement.  Thus, when a Federal employee’s or a U.S. Postal worker’s career is cut short because of a medical condition, such that the medical condition necessitates the 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 regrets foretold or the dismay of a career cut short, should always be replaced with memories from whence we came.

Staying with a Federal or Postal job for so many years reveals a steadfastness of purpose; but where priorities intersect and interrupt, especially when it comes to one’s health and future security, filing for OPM Medical Retirement benefits is meant to salvage such a Federal career by allowing for an annuity to stabilize one’s future, and to consider taking that experience one has amassed into the private sector for a possible second vocation.

Memories; they are funny animals; and for humans, allows for visualization and imagination from whence we came.

Sincerely,

Robert R. McGill, Esquire