Postal & Federal Disability Retirement: OPM’s Characterization

You just want to get a benefit you are not entitled to; you don’t really have a medical condition that prevents you from performing your job; your performance reviews are great; you received a cash award just a year ago; your supervisor doesn’t identify any service deficiencies; even though your Human Resource Office certified that your Agency could not accommodate you, we don’t believe them — etc., etc., etc.

In filing a Federal Disability Retirement application to the U.S. Office of Personnel Management under FERS, you will necessarily have a certain perspective as an individual requesting that you be approved for Federal Disability Retirement benefits.  No one at OPM will meet you in person.  You will be “known” and “characterized” based upon a paper-presentation to the U.S. Office of Personnel Management.  OPM will likely have a different characterization of you.

What will make the difference between an approval and a denial?  The Law.

Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law and make sure that OPM’s characterization of you is rebutted and preempted at the outset — by The Law.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement for Federal Employees: Life Goes On

Americans make of politics the same as everything else we do: It becomes a passion with a responsiveness tantamount to life and death.  We do it in almost all else, as well, as in sports — if our team doesn’t win, it is as if the world has come to an end.

We do it in marriage — we put on a great show at tremendous expense to announce that it is an event which will last forever.  We do it in religion — where every denomination and every pokey-little church has a corner of truth in interpreting “the doctrine”.  We do it in Supreme Court nominations, who our Congressman or Senator will be, and in every other sector of life.  We act as if the world will come to an end — like Y2K, Climate Change and the Presidential Election.

But Life Goes On.

The “day after”, everyone else has to move on and make a living and deal with life, no matter who won, what occurred or which side prevailed.  And for Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, dealing with the U.S. Office of Personnel Management is still a reality which must be faced.

So, recognize your priorities in life and realize that whatever happens, you will still need to consult with an OPM Disability Attorney who specializes in Federal Disability Retirement, because no matter what, life goes on.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Peace of Mind

It is a wonder how information is restricted or fails to be disseminated.  Of course, like all insurance policies, one is never interested in the details of an insurance policy unless and until it is needed.  Insurance is often likened to “peace of mind” — and that is how it is packaged and sold.

You purchase insurance not only because it is required (such as auto and home), but because of the fear of the “What if” scenario: What if I die before my children have grown up? (life insurance).  What if someone gets injured on my property? (umbrella insurance).  What if I become disabled and am unable to work? (Disability Insurance).

Yes, there are private policies, as well, but fortunately for Federal employees and U.S. Postal workers who 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 one’s Federal or Postal job, there is the added benefit of Federal Disability Retirement.

You may not need to access it for now, and for that, it provides a “peace of mind” until and unless it becomes necessary.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement under FERS: The Silent Troll

OPM silently trolls the Internet.  You may not think that such activity poses a risk to you, but you should be fully aware of it.  By “troll” is not meant to include posting inflammatory remarks or initiating controversial discussions on the Web; rather, they silently and quietly view any postings and activities you may be involved in.  They will “spy” on your activities and use what is online as an argument to try and undermine and deny your Federal Disability Retirement application.

Thus, if you are a Postal worker, for example, and claim that you are unable to perform your physical duties as a Letter Carrier, Mail Handler, etc., but you have an Internet Web Page which claims that you are physically fit, a Facebook photo that shows you running a marathon, or a business that involves physical labor, etc., they will use your own postings against you.  Or, perhaps you are a Federal employee who can no longer perform a cognitive-intensive job, but have an Internet-based business as a consulting firm, or some similar work requiring cognitive-intensive work.  Guess what?  OPM may use that against you.

Of course, claims made on the Internet can be quite misleading.  For example, you may be a partner for an Internet-based business in “name only” — meaning that all of the work is done by a sibling or a close friend.  Or, it may be that the “self-pacing” element of running your own business is what allows you to have such an Internet-based business.  However, be that as it may, you should be aware that OPM is the Silent Troll who collects such information for a singular purpose: To deny your Federal Disability Retirement application.

Consult with a FERS Disability Attorney who specializes in Federal Disability Retirement Law, and begin to safeguard a benefit which is your right to assert.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Countering OPM’s Denial

OPM’s Denial of a FERS Federal Disability Retirement application can be a disheartening encounter.  OPM does a thorough job these days of selectively extrapolating portions of medical notes and records, isolating each one, then minimizing them in order to arrive at a singular conclusion: You have no case.

Not only that, the tone and tenor of the Denial Letter will make you believe that — not only do you not have a case, but — You never had one; it is so weak that it is a wonder that you ever even thought you had a case; and, moreover, to even request for reconsideration is an act of futility.

How do you counter such a denial?  The first and most important step is to recognize that OPM’s denial of a Federal Disability Retirement application is meant to make you feel like you never had a case.  That way, a certain percentage of denied Federal Disability Retirement applicants will simply walk away without ever filing for Reconsideration.

Oh — of course, they will at the end of a Denial Letter inform you of your “right” to file for reconsideration, but that is after itemizing a litany of reasons why you have no case at all.

The second important step is to contact an attorney who specializes in Federal Disability Retirement Law.  For, in the end, how you counter an OPM Denial of a Federal Disability Retirement application is by applying the LAW, and only a specialist in Federal Disability Retirement Law will be able to effectively counter OPM’s denial.

Sincerely,

Robert R. McGill, Esquire

 

Postal and Federal Employee Disability Attorney: Telltale Signs

What are they, and how is it that we overlook them so often?  Take, for example, the Federal or Postal employee who begins the process of seeking a lawyer to represent him or her to obtain Federal or Postal Disability Retirement benefits.  The Federal or Postal worker makes a phone call — perhaps a voicemail is reached, and so you leave a message.  You don’t get a call for 2 or 3 days, or even until late the next day.  Isn’t that a telltale sign of something?

Or, someone does finally call you back or you actually do get through to a “live” person — but not the lawyer.  Instead, you are speaking to an “Intake Specialist”, or Mr. So-and-so’s “Administrative Assistant” or “Paralegal” or — better yet — someone who self-identifies as a “Disability Specialist”. ??????????

You began by setting out to hire a lawyer — a person who has a law degree and is versed in the legal complexities of Federal Disability Retirement Law, and you end up with a non-lawyer who holds the dubious credentials of being a “Disability Specialist”; are these not telltale signs?

If you want the wisdom, advice and guidance of an attorney who specializes in Federal Disability Retirement Law, then make sure that you recognize the telltale signs and insist that you be represented by an actual Lawyer who Specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Worker Disability Retirement: Consequences

They exist and occur, for every act we engage, for every decision we make.  Some, inconsequential; others, of some limited impact; still others, of greater reverberations; and of a limited few — of impact both felt and ones by which we must live with.  Regrets result from the greater consequences we believe we could have prevented, altered, precluded or changed; those are the ones which nag and trail, follow us in haunting residue of forever regrets.

What could have changed things?  How could I have done things differently?  Why didn’t I do something at the time?

For Federal employees and U.S. Postal workers who 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 one’s Federal or Postal job, consider the consequences — then consult with an experienced attorney who will be able to guide you throughout the process.

Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law, lest the consequences of proceeding without specialized advice could result in regret and remorse.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Stress and the Harassment Factor

Stress is a reality which has become a normal aspect of everyday living.  The more stress we feel, the greater interpretation of outside actions as harassment; and thus does the vicious cycle begin.  Life is stressful enough.  When another ingredient is added — like a medical condition that weakens one’s body and mind — the tolerance for stress becomes reduced and the capacity to keep things in its proper perspective becomes impossible to manage.  Stress always seems to come in bunches, doesn’t it?

When you are dealing with a medical condition, everything and everyone you interact with becomes a stressful encounter.  For Federal employees and U.S. Postal Service workers who suffer from a medical condition such that the medical condition prevents you from performing one or more of the essential elements of your job, the stress of dealing with the medical condition itself is more than enough.

Add to it, your agency or the postal facility will inevitably begin to pressure you to return to work, to file this or that request, to follow their “procedures”, etc.  Whether such actions are objectively considered “harassment” or not is beside the point; you, as the Federal or Postal employee, are dealing with enough factors without having to deal with the harassment factor.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law, and begin the process of reducing your stress levels by initiating a Federal Disability Retirement application with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Benefits: But OPM Does

In preparing and submitting a FERS Medical Retirement application with the U.S. Office of Personnel Management, you may think that certain “minor details” will be overlooked, and that your application will “fly through” without a hitch.  Maybe you are not a “detail-oriented” person, or you think that it doesn’t matter if certain “inconsistencies” are evident in your filing.  Or, maybe you just don’t care because your focus is upon getting through the day.

But OPM does.  The U.S. Office of Personnel Management is looking for every excuse to deny your Federal Disability Retirement application.

To some extent, that is their job, of course.  Every Federal Disability Retirement application which comes before the U.S. Office of Personnel Management is scrutinized, where all “boxes” for eligibility must be “checked”.  And while you — the applicant — may not think that certain administrative requirements are all that important, OPM does.

OPM will deny your Federal Disability Retirement claim in a proverbial “heartbeat”.

To increase the chances of success, contact a Federal Disability Retirement Lawyer and make sure that any inherent inconsistencies in your Federal Disability Retirement application are avoided.  For, while you may not see such inconsistencies as being relevant or important, “But OPM does” is the important point, here, and moreover, your Federal Disability Retirement Lawyer will certainly be able to distinguish the difference between important inconsistencies and those which are not.

Sincerely,

Robert R. McGill, Esquire