The latter should never be an option, although it is too often contemplated; and the former requires either a dull sense of reality or an in-born stubbornness that refuses to acknowledge defeat. Both are often the result of the countermanding characteristic of the opponent who relies upon the fact that a certain percentage of the population either lacks the characteristic of persistence or otherwise will ultimately give up with nary an effort or will to fight on.
How many battles in history’s billfold of forgotten memories resulted in defeat because of a ruse portrayed by the enemy? It is the bold pretension that tests the resolve and allows for victory or defeat; the knowledge that there will always be a certain number of people who, upon facing any resistance or adversity, will simply “give up” and surrender. Thus is it left up to those who will persist no matter the challenge, where adversity and contention will be endured no matter the cost.
For Federal employees and U.S. Postal workers who enter the arena of a Federal Disability Retirement process, one should always expect and prepare each stage “as if” the battle at the next stage will ensue. If a denial is issued by the U.S. Office of Personnel Management for a Federal Disability Retirement application, of course it is going to be written and conveyed “as if” the case never had a chance, “as if” none of the medical evidence had any relevance or significance, and “as if” you don’t even come near to meeting the criteria for eligibility for Federal Disability Retirement.
By sounding “as if” you never had a chance and failed miserably to meet any and all legal criteria for eligibility, OPM is banking on your lack of persistence and the concomitant reaction of simply giving up.
However, persistence is the key to success, and giving up is merely a prelude to a victory near at hand if only one steps back, takes a deep breath, and realizes that, from the very beginning, Federal Disability Retirement was never going to be an easy road to bear — but a consultation with an experienced attorney may well lift the burden of the beast where persistence is the key and not giving up is the pathway to a successful outcome at the next stage of the administrative process called “Federal Disability Retirement”.
Robert R. McGill, Esquire