Federal OPM Disability Retirement: The Mistakes People Make

The greatest mistake of all is to “assume” X or to “presume” Y; and this is not uncommon, precisely because the wording of the Standard Forms as presented on SF 3112A (Applicant’s Statement of Disability), which is the central basis upon which a Federal/Postal Disability Retirement application is formulated (both for CSRS as well as for FERS employees), makes it appear as if obtaining an approval from the U.S. Office of Personnel Management (OPM) is merely a pro forma activity.

And, indeed, many have informed the undersigned attorney that Human Resources’ personnel at various agencies will understate the scrutiny which OPM will apply in reviewing and evaluating a Federal or Postal Medical Retirement application.

The main problem with H.R. Personnel dismissing the arduous and meticulously scrutinizing administrative process as applied by the U.S. Office of Personnel Management, is that such underestimation is barely acknowledged when a denial is received from OPM on a Federal Disability Retirement case.  All of a sudden, the Human Resources personnel put up their hands and state, “It’s not our responsibility”, when all along they had been insisting as to the ease of the process.

No, it is true — it is not the ultimate responsibility of the Agency or its Human Resources Department.  Yes, it is also true that any application for a CSRS or FERS Disability Retirement is the responsibility of the individual applicant.

As such, because responsibility falls squarely (why, by the way, is it “squarely“, as opposed to “triangularly” or “circularly”?) upon the Federal or Postal Worker, it behooves one to take the entire process seriously, and to invest the proper time, attention, and expenses needed, to do it right “the first time”.

Sincerely,

McGill Disability Retirement Legal Services

 

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

 

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

 

Filing for FERS Disability Retirement: The Time to Decide

The process of decision-making comes in all forms: Of procrastination until one is forced into making one; of deliberative thoughtfulness until all logical possibilities are exhaustively analyzed and a default judgment is entered through rational elimination of available options; of basing it all upon an “instinct” or a desire; of randomly choosing based upon the belief that — as the universe itself is arbitrary and capricious, so should all matters be decided in a parallel fashion; of considering the alternatives and eliminating them based upon a gut-feeling; and multiple other nonconformist manners, often combining a multitude of various methodologies — if in fact one can even refer to “madness” as a method.

Regardless — whether of one method or another — there comes a “time” to decide, and that time is often relevant based upon additional factors to take into consideration: Others are dependent upon your decision; there is a time-limit on making a decision; certain contingencies have occurred which require a decision to be made; or, to simply let outside circumstances dictate the decision by deciding to engage in the act of a non-decision.

For Federal employees and U.S. Postal workers who are struggling with the decision of whether to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the question of “timing” is often decided by the extent and severity of the ongoing medical condition itself.  The anomaly of when is the “right time” is often offset by circumstances beyond one’s control: of actions perpetrated by the Agency; of the worsening of one’s medical condition; of the exhaustion of FMLA, SL and AL and the denial of extending one’s LWOP status; and the combination of any or all of the complex interaction of pressures and stresses which impact perfect timing.

Time is an artifice of relative events; often, there is no such thing as “perfect timing”; but what we do know is that there is a time to decide, and that time is when a Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s Federal or Postal position.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Living Life’s Lessons

It is a conundrum to speak in such terms; for, one must step outside of one’s being in order to reflect upon “living” as something separate and distinct from what one does within the insular consciousness of one’s life; and to learn the “lessons” of life, and to live such lessons, is to have the capacity for detachment from a third-person perspective and not to be lost in the first-person consciousness.

Most of us simply “live life” without having a conscious sense of having an outsider’s perspective on how it is that we are “doing it”.  We believe that we are good at what we do; that we are efficient and fairly competent; and though there may be some mistakes made along the way, we can passably waive such moments away with the dismissive truism that, “Well, to err is human; to forgive, divine” — a line from Alexander Pope’s “Essay on Criticism”.

The concept of living life’s lessons must necessarily entail a more objective view of ourselves than the purity and insularity of one’s life as lived from a personal-pronoun “I” perspective.  It requires the capacity to “step outside” of one’s self, to view the self as a third party, to then apply lessons learned both from life’s gifts as well as misgivings, then to adjust that “other person” accordingly, and only thereafter, to proceed to step back into the self and proceed with the modifications and adaptations proposed.  Otherwise, we just blunder through as most people do, and continue to make the same mistakes over and over again.

For Federal employees and U.S. Postal workers seeking to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management under FERS, “living life’s lessons” and the capacity to step outside of the first-person and into the third-person is an important element for preparing an effective OPM Disability Retirement application.  For, to have an “objective” viewpoint is essential in putting together a persuasive Federal Disability Retirement application — in writing one’s Statement of Disability; of recognizing the sequence of events, medical conditions and evidentiary legal citations to include; and, more importantly, in maneuvering through the complex administrative process of a bureaucratic morass.

In the end, living life’s lessons may come down to simple adages that one has already learned, but perhaps forgotten — not the least of which is that a person who represents himself has a fool for a client.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Attorney

 

OPM Disability Retirement: The Problematic Loss of Confidence

Confidence is an ethereal character trait; in some ways, it is self-perpetuating, as success relies upon it, and feeds it, which in turn reinforces any lack thereof.  At once fleeting but full, the loss of it can be devastating.

For some, a mere look of doubt or suspicion from others can undermine the fullness of possession one may have had of it just a moment before; for others, whether lack of competence or never having had any reason for possession of it appears to matter not, and like self-esteem in the generation of modernity and “me”, a complete void of accomplishments seems not to overturn those who accumulate an abundance of it.  But weakness or negation from outside sources can be the final straw in undermining that sensitive sense of self, and a medical condition which attacks the body, mind and psyche of an individual can be devastating.

Thus, when the Federal or Postal employee who has confidently strode throughout a long and satisfying career, whose performance has raised eyebrows of accolades beyond mere efforts of competence, and where performance reviews have always included adjectives and superlatives searched out beyond mere templates previously applied with thoughtless automation, the introduction of a medical condition into the life of such a Federal or Postal employee can be like the Martian Chronicles revealing the strangeness of alien cultures clashing in a battle of titans heard beyond the roar of civilizations long lost and forgotten.

Federal employees and U.S. Postal workers who struggle with this, resist the necessity of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, precisely because the disbelief is overwhelming that, somehow, this loss of what was once taken for granted, could possibly be.  But as “possibility” includes the building of concrete structures in thin air, whereas “probability” involves the hard computation of one’s life and “reality-living” in a harsh and uncaring universe, so the Federal or Postal employee must take into account that past foundations of accomplishments may not uphold the confidence once shared and held by a Federal agency or the U.S. Postal Service.

Confidence, indeed, is like the golden dust sprinkled sparingly by the fluttering angels of yesteryear; and today is a dawn of dying expectations, where the harsh realities of a medical condition must be faced with a freshness of purpose, reserved for that fight which may require one’s presence on a day in future pasts, unforseen and as of yet unfought.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement: The Question of Worth

Whether animals consider the question or not, they certainly make judgments based upon prudence, calculation and quantification of effort involved; but perhaps not in some conceptually systematic approach.  “Worth” can involve multiple meanings: of time expended; monetized value; quality; but always involving the evaluative process of comparative analysis.

It is this latter process which is important for the Federal employee and the U.S. Postal worker in determining whether to proceed with preparing, formulating and filing for Federal Disability Retirement benefits under FERS, CSRS or CSRS Offset. The comparison may be on different levels, and pitted against and between various elements: priority of values (health versus continuation and persistence in present circumstances); current financial condition in contrast to future reduced benefits; the penalties imposed by taking an early retirement as opposed to a Federal Disability Retirement; the length of the process in contrast to one’s age and cost of hiring an attorney; and many such similar factors to be analyzed.

Perhaps the only comparative analysis which need not be engaged is the one which the Agency implicitly compels: The worth of self, derived from the manner in which the agency or the U.S. Postal Service treats the Federal or Postal employee once it becomes evident that the Federal or Postal employee has a medical condition such that it prevents him or her from performing one or more of the essential elements of one’s job, and thereby consideration must be given to filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Other animals never ask that question of self-worth, as survival and Darwinian principles prevail and overtake the inherently nonsensical nature of such a question; it is only the human being who ever questions the worth of self, and only within the greater context of a society which places a premium upon questions unworthy of consideration.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Benefits: The Eyes Which Betray the Laughter

Plato noted the significance of the eyes; as windows of the soul, they reveal the depth of emotion, character, empathy, interest, boredom, meanness, etc.; and just as true, the lack thereof.  Laughter provides the concordance of mirth to context; cacophony occurs when the harmony between the two somehow fails to connect.

The pinnacle of sadness is represented when one looks upon an individual, hears the laughter, and sees the revelatory sadness deep within the eyes of the soul.  The discordant contrast takes us aback; it is perhaps the height of self-contradiction, where the parallel universes which are never supposed to transect, suddenly violate the very content of definition, and betray the consciousness of self-doubt.

What has transpired?  What tragedy has befallen?  It brings to mind the poignant story by Chekhov, entitled “Grief” (or otherwise translated as “Misery”), where the death of the son is magnified by the haunting question, “With whom shall I tell my grief?”  As the world he continues to encounter is filled with passengers who laugh and carry on with life, the father must continue within the disharmony of his own tragedy.

Medical conditions tend to do that to people; it remains silent, but for the sharing beyond the perfunctory response to the passing, “Hello, how are you?”  We are expected to say merely, “Fine, thank you,” and move on.  Federal employees and U.S. Postal workers know about the emotional disjunctive between the eyes and the emitting laughter.  When the sound of mirth and the sight of pain clash, it is probably time to make an exit by filing for Federal Disability Retirement benefits.

While often not the “best solution”, it allows for the Federal or Postal worker to leave one’s employment, secure a disability annuity, and seek a restoration of one’s health, in order to reinvigorate the soul behind the eyes of tragedy.

Filing for Federal Disability Retirement benefits, whether the Federal employee and U.S. Postal worker is under FERS, CSRS or CSRS Offset, is a long and arduous journey through a bureaucratic maze.  There is the process itself; the need to substantively put together and formulate an effective and persuasive disability retirement packet; and then the long wait before the U.S. Office of Personnel Management.

Every Federal and Postal employee must make the decision of when and how; but as to the “why” of the foundation, it is when the eyes begin to betray the laughter, that affirmative steps need to be taken to begin to prepare, formulate and file for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire
Federal Disability Retirement Lawyer

 

The Devaluation of the Federal Employee with Disabilities

Countries engage it deliberately with its currencies; economic circumstances force it based upon fluctuating market volatility; and the basic principles in capitalism of supply and demand will often expect it.

Currencies are never stable indexes despite the best attempts by countries to manage and control their economies; the fact is, in this interconnected world of global economic entanglement, devaluation of worth can occur overnight, just after the soft breathing of nightfall overtakes, but before the dawn of first light when the halls of stock markets in faraway colonnades lined in symmetrical facades open their doors for the business of commodity markets.

Fortunes can be made, and lost, overnight; but the devaluation of that which implicates worth, can just as easily fall upon the human soul.  Medical conditions tend to do that.  We exchange, trade, value and appraise based upon a commodity’s supply, demand, desire and greed of want; but when it comes to human beings, though we deny such callous approaches, the encounter with such baseness still prevails.

For the Federal employee or the U.S. Postal worker, facing devaluation is nothing out of the ordinary when a medical condition hits.  Once the Federal or Postal worker suffers from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s positional duties, the avenue of choices becomes starkly clear:  One can try to hang on; one can walk away with nothing to show for those many years of dedicated and loyal service; or one can file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset.

It is the last of the tripartite alternatives which is the best option, and one which can secure a future for the Federal or Postal employee.  For, ultimately, the whole point of devaluation in paradigms of economic theory, is to stabilize the currency for future years; it is the experience of short-term suffering to attain long-term calm.  Economics is merely a microcosmic reflection of a macro-global perspective, and application of parallel principles are relevant to situations which might otherwise appear foreign.

Federal agencies and the U.S. Postal Service engage in devaluation, just as governments do, when the worth of the Federal employee or the U.S. Postal worker is seen in terms of productivity for the moment, and not for the long-term benefit gained for the future.

We live in a world of short selling trades; everything is seen for the immediacy of gain; but fortunately for the Federal or Postal worker who must contend with the attitude and approach of a Federal agency or the U.S. Postal Service in viewing the devaluation of the worker based upon productivity, the option of filing for Federal Disability Retirement benefits through OPM is one which is available, attractive, and allowable for those who are eligible to prepare, formulate and file for the benefit.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: An Expectation of Disaster

Most lives are lived with an expectation of unease; if things are going smoothly, we look with suspicion at what will come from around the corner; if calm and quietude prevails, we consider it merely a precursor to a major storm; and if good fortune comes our way, there is a leeriness as to the strings attached.

Perhaps distrust is based upon justifiable historical events; or, as news is merely the compilation of tragic events gathered into a compendium of daily interests, so our skewed perspective of the world merely reinforces what our childhoods entertained.  With a foundation of such natural tendencies to see the world with suspicion, when a medical condition impacts a person, the expectation of crisis is only exponentially magnified.

Suddenly, everyone becomes the enemy, and not just the few who are known to lack heart; and actions which were previously normative, becomes a basis for paranoia.  Chronic pain diminishes tolerance for human folly; depression merely enhances the despair when others engage in actions betraying empathy; and the disaster which was suspected to be just around the corner, closes in on us when pain medications fail to palliatively alleviate.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent one from performing all of the essential elements of one’s job, the bifurcation between the personal and the professional, between play and work, often comes crumbling down upon us, and signs of potential trouble portend to indicate to us that it may be time to “move on”.  That impending sense of doom?  It may be upon us.  That calm before the storm?  The reality of what the agency is contemplating may prove you right. And the potential loss of good fortune?

Agencies are not known for their patience.  For the Federal or Postal employee who is no longer one of the “good old boys” of the network of productive employees because of a medical condition which is beginning to impact one’s ability to maintain a daily work schedule, or perform at the level prior to the onset of a medical condition, consideration should be given to preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset.

Time is often of the essence, and while most expectations of impending disasters are unfounded, the behavior of Federal agencies and the U.S. Postal Service can never be relied upon, any more than the weather can be predicted a day in advance.

Sincerely,

Robert R. McGill, Esquire