FERS Disability Law: The MSPB and Consistency of Argumentation

Is it even important, anymore?  Lawyers, of course, are notorious for making alternate arguments, presenting to a Judge or a Jury different explanations, alternative legal theories and justifications, often within the span of a single sentence, and even sometimes contradicting each other.

It is only when the contradiction occurs within the confines of a single theory that the Judge may say, “Wait, counsel — hoooooold on there!  Are you trying to argue X and Not-X at the same time?”  The answer by the clever lawyer: “No, your honor, I am merely pointing out that X could be, and Not-X is also credible, leaving my client to appear not only as an innocent bystander but, moreover, a not-guilty one as well!”

In some forums, that may hold; but in a Federal Disability Retirement case, the only way that inconsistency of argumentation works is when an OPM Medical Specialist says so.  OPM denies cases systematically without any regard to consistency of argumentation.  This is because there is no accountability at the U.S. Office of Personnel Management.  They can review a case, deny it, and it is out of the hands of the Medical Specialist who made the decision.

Then, at the Reconsideration Stage, a completely different Medical Specialist will make a brand new determination, based upon his or her own perspective and viewpoint, and it need not have any consistency of argumentation with the previous decision.

Fortunately, however, when it goes before an Administrative Judge at the U.S. Merit Systems Protection Board, Consistency of Argumentation becomes an important factor.  For, that is one of the primary basis upon which an MSPB Federal Disability Retirement case is lost — when consistency of argumentation based upon the evidence becomes questionable.

Inconsistency is the downfall of most cases at the MSPB; consistency — even with less than adequate evidence of a compelling nature — will often overcome much, and win the case.  The one thing that Administrative Law Judges at the MSPB dislike above all else: Inconsistency in testimony, Inconsistency in evidence, and Inconsistency in the closing argument of an attorney.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

FERS Medical Disability Retirement Law: Doctor’s Orders

Does strict compliance with doctor’s orders guarantee recovery and good health?

Quite obviously — not.  Medicine is not a science, although it is “science-based”.  The history of medicine — including psychiatry — does not have a pretty history.  It possesses a lineage of trial and error; of successes and failures; of applications which now appear barbaric; but of great and impactful discoveries, as well, including antibiotics and medicines which have saved lives.

Doctor’s orders, in the end, constitute the bare minimum; the rest is often up the individual as to what further to do: Of reducing stress; of eating healthily; of changing or discarding bad habits; of exercising and changing the lifestyle habits which harm.

And what about filing for Federal Disability Retirement benefits under FERS?

If you are a Federal or Postal employee who has at least 18 months of Federal Service, you may be eligible — but you must also follow the doctor’s orders.  That is one of the “unspoken” requirements of the U.S. Office of Personnel Management — to be compliant with the medical regimens ordered, to see whether or not you have tried everything in order to get better.

For, OPM’s argument is that if the doctor’s orders are not followed, it can never be known whether or not it was the medical condition which prevented the Federal employee or Postal Service employee from performing his or her job, or the lack of compliance which intervened.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and consider whether you have followed the “doctor’s orders” before you begin the process of following the “Lawyer’s orders”.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

Federal Disability Retirement Lawyers: The “Money-Back Guarantee” Attraction

Yes, it is attractive — but how much effort will actually be applied?

If you obtain your Federal Disability Retirement benefits through a law firm at the first stage, then you are likely going to be satisfied.  If you get it denied and you receive your money back, what good has the refunded amount done you?  Did the law firm abandon you after just the First Stage?

You lost your case; you lost the time it took to lose your case.  Yes, you did receive your money back; but does it make up for the lost time and the lack of effort expended?

In any Attorney-Client relationship, there is an “investment”, as well as “chance-taking” on both sides.  Consider what you are getting for the money you are expending.

Contact a Federal Disability Lawyer who specializes in Federal or Postal Disability Retirement, and understand that, in the end, you “get what you paid for”.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

OPM Disability Retirement Application: Denials for the Unrepresented

Why are denial letters issued to those Federal Disability Retirement applicants different in nature from those with legal representation?  Why should there be a difference in quality and content?  Why, indeed?

It is an “indication”, of course, of a lack of objectivity in how the U.S. Office of Personnel Management approaches cases.  For, the denial letter issued to an unrepresented individual is often characterized by language which makes it appear as if the person filing for Federal Disability Retirement benefits “never had a chance”.  You were a fool to have even tried.  Your application has no merit and should be summarily dismissed!

On the other hand, a denial letter to an individual who is represented by an attorney often will point out some of the legitimate deficiencies; questions about lack of performance deficits; and a greater amount of logical argumentation.

In the end, one might argue — does it matter?  For, both still constitute an OPM Disability Retirement denial.  The answer: Yes.

Not every FERS Disability Retirement application prepared by a lawyer will pass through at the First Stage with an approval.  However, most should at least come close to satisfying the threshold, and those which do not, can always be supplemented at the Reconsideration Level, or with an appeal to the MSPB.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law and make sure that your legal presentation to the U.S. Office of Personnel Management is given the best shot possible.

Sincerely,

Robert R. McGill, Lawyer

 

OPM Disability Retirement under FERS: The Value of Advice

If we could travel back in time with the knowledge we possess now, we would all be wealthy.  But then, if everyone were to travel back in time, all at the same time, the knowledge we possess would lead to acts which would alter the future from the perspective of the past.

Think about it: We all know that certain “tech” companies have soared in stock valuations.  With that knowledge, if we were to travel back in time, wouldn’t we all buy up all of the stocks, knowing that when we returned “back to the future”, we would have applied that knowledge pre-possessed?

But if everyone did that, it would diminish and de-value the worth of such stocks, and the course of human history would then have become altered. It is a conundrum without an answer. And, as human beings do not possess such retrospective wisdom, it is often a good idea to turn to those who can advise, guide and counsel as best they can.

In the field of Federal Disability Retirement Law, what would be the value of advice, counsel and experienced wisdom from an attorney who specializes in FERS Disability Retirement Law?

In considering the option of filing and fighting for Federal Disability Retirement benefits, make sure that you are hiring and paying for the advice of the attorney him/herself, and not just some law clerk or so-called “legal specialist” who purports to know about a field of expertise that only the Federal Disability Lawyer knows.

In other words, when you hire an OPM Disability Retirement Lawyer to guide you through the complex administrative process of Federal Disability Retirement Law, get the full value of advice by hiring the lawyer himself, and not the office staff.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement for Federal Employees: What the Attorney Can Do

If attorneys were gods, they would work themselves out of business; but attorneys are not gods; therefore, there is much that an attorney can do.  Such a syllogism may be rather self-evident.  Attorneys are not gods; neither are they miracle workers.  Not every issue can be handled by, or resolved through, an attorney.

Sometimes, the lay person can do the work him/herself without an attorney.  At other times, the input of an attorney, however minimal, can be the difference between success or failure.

Here are some of the things a Federal Disability Attorney can do in a Federal Disability Retirement case: Focus and sharpen a case; cut out the irrelevancies; cite and apply the law; make the legal arguments which are current and applicable; streamline a case and make it clear and pointed; rebut an opponent’s argument by pointing out logical inconsistencies and mistaken applications of the law; provide a strategy and plan; give an objective account of one’s case.

There are many other aspects of any given case that a Federal Disability Retirement Attorney can be helpful with, but these generalities can provide you with a notion of what a good and effective attorney can do.

Contact an OPM Disability Retirement Attorney who specializes in Federal Disability Retirement Law and begin the process of putting together an effective Federal or Postal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Application: Making Innuendoes

OPM is always looking for a motive.  It is like they are criminal prosecutors at the Justice Department, trying to always find some nefarious reasons as to why a Federal or Postal employee is filing a Federal Disability Retirement application.

Take, for example, one recent case which comes to mind: An individual was filing for Federal Disability Retirement application.  The Applicant’s spouse traveled a lot, and so the applicant had to switch doctors often.  The applicant had his/her brother oversee the medical treatment because of the lack of continuity in medical care.  When it came time to file for Federal Disability Retirement benefits, the brother wrote the medical report.

The case went before the U.S. Merit Systems Protection Board and, within the Agency File were a series of emails sent between OPM Medical Specialists questioning whether this was a “fraud” case and expressing suspicions over why the applicant’s “brother” would be writing a medical report, etc.  At the Hearing of the case, of course, the brother — a medical doctor of longstanding stature — testified up front and bluntly: Yes, I am the brother of X, and I oversee the treatment regimens because of the lack of continuity of care, etc.  Factual, straightforward, nothing to hide.  But not for OPM, who is always looking for nefarious motivations and making innuendoes even though there is no basis for it.

Contact an OPM Disability attorney who specializes in Federal Disability Retirement Law, and counter the suspicious and unfounded innuendoes which OPM is apt to make — even in those cases where there is a simple and straightforward explanation, if only OPM would listen.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Help: OPM’s Medical Specialists

OPM — the U.S. Office of Personnel Management — has “Medical Specialists” from the “Boyers Division” to review, evaluate, assess and ultimately make decisions upon each Federal Disability Retirement application submitted by Federal and Postal employees under FERS.

Now, there is no doubt that they possess unique medical knowledge — to whatever degree that they hold, from whatever perspective they come from, and the context of their applying such knowledge and background, etc.  But they are not lawyers.

Doctors and nurses have a specific perspective in viewing the world, just as lawyers and engineers, also, have a unique perspective. Their background and expertise is like a colored lens through which the world is seen.

Federal Disability Retirement is not just about a medical condition; it is, instead, the nexus between the medical condition and one’s ability/inability to perform one or more of the essential elements of one’s Federal or Postal job, within the context of a continuously-growing body of law.  That is why OPM’s Medical Specialists are often wrong in their conclusions in making a determination on a Federal Disability Retirement application.

If you need to file for Federal Disability Retirement benefits, or have been denied such benefits from OPM, contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law; for, in the end, it is not up to OPM’s Medical Specialists to make the final conclusion on a Federal Disability Retirement application — rather, it is The Law.

Sincerely,

Robert R. McGill
Federal Disability Attorney

 

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

 

FERS Disability Retirement from OPM: How You are Viewed

Perhaps you are one of the rarest of breeds; the “rugged individual” who cares not what others think, how you are viewed, what people consider, etc.  Most who claim such a stance use it merely as an implacable facade; how many tears are shed and frustrations are voiced in the privacy of one’s home, we will never know.

“Self-image” is a running movie within one’s head, constantly updated by the feedback generated through daily discourse.  What we think of ourselves; the image of the individual in the mirror in front of you; the morning picture reflected back as you brush your teeth, comb your hair, etc.  Who is that person.  He/She is: Profession X; Gender Y; Relationship Status Z; Known within the community as A & B, etc.

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 continuing in his or her career, “How you are viewed” will change.  No longer are you the competent worker, the one who has dedicated him or herself to a career; no longer that Supervisor, Co-worker or colleague; now, to be deemed as a Federal Disability Retiree.

It is a transition that is often difficult, because it alters the self-image you have held for so many years.  But “difficult” was derived from “necessity”, and the reality is that the essence of the “real you” will not change despite filing for Federal Disability Retirement benefits under FERS.

Sincerely,

Robert R. McGill, Esquire