Federal Disability Retirement: When Winning becomes a Problem

Winning is always better than losing.  But if a person, entity, organization or body is empowered with the responsibility of merely applying a regulation, a set of rules, a legal analysis, etc. — and is supposed to have no “interest” in the outcome of a case or issue — then “winning” can become a problem.

Whenever people are involved, egos and self-interest are by nature intertwined.  To declare that “X has no interest” in an issue is to try and ascribe an automaton — a mere computer chip with no personal, emotional or other “interest” involved.

One argues, often, that because “X doesn’t get anything out of it, therefore X has no interest involved”.  But having an “interest” can involve more than just the question of whether there is some personally identifiable and quantifiable interest — it can also involve the mere act of “winning”.

In a Federal Disability Retirement case, “winning” can become a problem for the U.S. Office of Personnel Management.  Even in the face of overwhelming evidence that a Federal or Postal worker is eligible by law to receive Federal Disability Retirement benefits under FERS, the approach taken by OPM of taking sentences out of context, of making irrelevant legal arguments, of overstating the importance of certain issues, etc., reveals and manifests the problem of winning.

To counter that, and to give yourself a greater chance of not finding yourself on the “losing” side of things, contact a Federal Disability Retirement Lawyer who specializes in Federal Disability Retirement Law, and make “winning” a problem for your own side.

Sincerely,

Robert R. McGill, Lawyer

 

Postal & Federal Government Employee Disability Retirement: Consider the Alternatives

Medical conditions tend to progressively limit and exclude the alternatives, and in the end, one is left with the only option left: Preparing, formulating and filing for Federal or Postal Disability Retirement benefits under FERS, filed with the U.S. Office of Personnel Management.

That is often the nature and pathway of a medical condition — of progressive worsening and deterioration, where the incremental and debilitating nature of the medical condition itself makes for the increasing likelihood that the Federal or Postal employee will no longer be able to perform all of the essential elements of one’s Federal or Postal position.

There is thus the proportionality between the medical condition and the ability/capacity to continue to work in the same position as one has always worked — Of worsening medical condition in proportion to the elements of the job no longer able to be performed.  Thus, when considering the alternatives, Federal Disability Retirement becomes the only option left at some point.

When that point arrives, you should seek the counsel and advice of a lawyer who specializes exclusively in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Lawyer

 

Federal Employee Disability Retirement: Anticipation

It is an exceptional inkling; a necessary premonition so helpful in multiple ways; an instinct based upon — what?  How do we anticipate?  What is it based upon?  Is it merely a characteristic which some have and others are at a disadvantage because of the lack thereof?

How is a tennis champion able to anticipate the moves of his or her opponent?  Or a football team, the plays next to be called (excepting those who have been found to cheat); a baseball team able to anticipate the pitcher’s next type of pitch (again, excepting those who have stolen the catcher’s signals given)?

Or, in a Federal Disability Retirement case, how does one anticipate the arguments which will be made by the U.S. Office of Personnel Management, and preemptively answer them with greater efficacy?

It all comes down to: Preparation.  The better tennis player watches countless hours of his or her opponent’s prior moves; the football and baseball teams study films of their opponents; the lawyer who wins against OPM takes the experience of all prior cases and preemptively argues the case on behalf of his client.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law and begin the process of anticipation in preparing, formulating and filing an effective Federal Disability Retirement case.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employee Disability Retirement: To Make the Argument

What is required?  Is shouting down an opponent an acceptable methodology?  Is there a difference between the legal standards applied — say, a “preponderance of the evidence” standard as opposed to “reasonable doubt” and, even if there exists an identifiable distinction with a difference, how do we know if, in the mind of the adjudicator, the proper standard is actually applied?

If, for example, in a shouting match between the two individuals, one backs down even though he or she has the stronger argument, simply out of exasperation and a sense of resignation?  Do we say, “Yes, X won the argument, even though the content of his argument was idiotic and unpersuasive, because Y simply gave up”?

What, in the end, constitutes “making an argument”, and how do we learn to recognize the substantive valuation of validity, logical discourse and content-driven persuasiveness?  Do people go through a class or instructive lecture entitled, “The Rules of a Valid Argument and the Way to Evaluate a Persuasive Sequence”?  If not, then how do we know if the adjudicator of an argument can even be trusted?

For Federal employees and U.S Postal workers who are under FERS and need to file an effective Federal Disability Retirement application, contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law, and make sure to make the proper, effective and valid argument based upon the law which applies.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement for Civilian Federal Employees: Articulation

How does one convey with distinctiveness  and clarity, with impactful word-pictures, of a private experience to a person who has never endured such existential stimuli?

Pain; depression; panic attacks; anxiety of a heightened level so severe that it impacts one’s judgment, cognitive processes and mental acuity — how can they be articulated in a manner comprehensible, and with clarity and rendition of relatedness?

The realm of medical conditions is often conceptually divided between subjective/objective issues — of that which can be established by diagnostic testing, physical manifestations (e.g., spasms, bleeding, images of white matter, lesions, etc.), and those issues which are merely verbalized but cannot be ascertained in any other ways than by the articulation of the patient — “feelings”; of pain; of vertigo; of nausea, etc.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits under FERS through the U.S. Office of Personnel Management, the issue of articulation — effective articulation — of one’s medical condition, is a separate matter from the medical condition itself.  Remember: an OPM Federal Disability Retirement application is a “paper presentation” — an articulation — of one’s case.

Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law, and make sure that the bridge between “having” a medical condition, and articulating that medical condition, is effectively crossed.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Disability Retirement under FERS: Change of Circumstances

The quantitative and qualitative changes; to what extent and degree; the consequences of the alteration; the impact; the need for adjustments or “accommodations”; these, and many more, determine the response required following a “change of circumstances”.

Death of a spouse; illness of a child or close relative; loss of income; increase of death — these, and many more, constitute a significant and substantive change of circumstances in one’s life.  Being outsourced, outmoded or deemed as obsolete; of being replaceable, fungible or no longer needed; in these technologically challenging times, we are all subject to the whims of a society focused upon productivity and not on human value.

A medical condition is considered a major change of circumstances, and can lead to the negative result of obsolescence.

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, the change of circumstances necessitates triggering of an effective filing for FERS Disability Retirement benefits from the U.S. Office of Personnel Management.

The medical condition itself is the “change”; the circumstances are comprised of the nexus between the medical condition and the impact upon one’s inability to perform all of the essential elements of one’s job; and it is this combination of “change” and “circumstance” which should prompt the Federal or Postal worker to contact an OPM Disability Attorney who specializes in FERS Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employee Disability Retirement from the OPM: Knowing the Issues

Without that knowledge, you are going into the arena of legal battle in a blind state, at a disadvantage, and with a high susceptibility of being defeated.  Not knowing what the issues are is like engaging in a frontal assault without having first scouted the position of the enemy — their strength; the terrain; the weapons they possess; their numbers; what fortifications they have established, etc.

You can take a shotgun approach — of guessing at what potential issues may arise — and address them with generalizations and attempted musings of preemptive arguments, but if you don’t know what the issues are, how will you specifically address them, even in a prefatory manner?

In preparing a Federal Disability Retirement application under FERS, it is important to not only know what the issues are, but to address them in a preemptive way by citing the case-laws which apply.  Each OPM Disability Retirement case has general case-law citations which are always applicable — Bracey v. OPM, for instance.  But then there are specific case-law citations which should be tailored to the unique circumstances of your individual case.

That is why consulting and hiring an effective OPM Disability Lawyer who specializes in FERS Disability Retirement Law is important — so that you do not engage OPM blindly, but with a full view of what you are facing, the issues which need to be addressed, and the confidence that you have given yourself the best chance at success.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement under OPM: The Difficult and Complex Case

Not every difficult case is complex; and, vice versa, not every complex case is difficult.

The “difficulty” of a case may be inherent or external — of problems within the body of the case, or some external elements which impacts upon the case.  Complexities can be qualitative or quantitative — arising from some element of a case which makes it more than the “run-of-the-mill” issue, or influenced by a multitude and variety of issues to be resolved.

Almost all cases have some inherent difficulties, and the complexity of a case can often be simplified by systematically resolving some of the inherent difficulties presented.  Often, a “complex” case is merely a matter of perspective — where the client believes in complications which in reality have no impact upon the case.

For Federal employees and U.S. Postal workers who suffer from a medical condition, and which triggers the need to file for Federal Disability Retirement benefits, an initial consultation with an OPM Disability Lawyer who specializes in FERS Disability Retirement Law will often ferret out the complexities, define the difficulties, and simplify the issues to be resolved.

Every case has difficulties and complexities, but you should make sure that they are “real” ones, and not merely born out of not knowing the issues which are relevant.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The Prospective Case

Deciding to move forward on a Federal Disability Retirement case is not a decision which should be taken lightly.

The engagement of and interaction with a lawyer who will represent the Federal or Postal employee in a prospective Federal Disability Retirement case must take into consideration multiple factors on both sides: The substance of the case; the strength of the case; the problems of the case (which are often many); the roadblocks which can defeat a case; the laws which will apply; the case-laws which will need to be cited and in what sequence and form; and many other issues which will arise.

Each case at the outset is obviously a prospective case — and it is the prospect of success or failure and the subsets therein of which should dominate the initial consultation between the potential client and the attorney contacted.  The “sense” of a case can be determined early on; the “foundation” of what is needed may be clarified at the outset; the “weaknesses” may be better defined; and the “chances” of success can be objectively viewed.

Most importantly, consultation with a Federal Disability Lawyer who specializes in FERS Disability Retirement can be assessed with a reasoned effort of definitional magnification in the clarification of issues to be determined.

Sincerely,

Robert R. McGill, Esquire