OPM Disability Retirement: The Arbitrary Denial

A denial from the U.S. Office of Personnel Management of a Federal Disability Retirement application is disappointing enough.  For, after waiting for countless and seemingly endless months, exhausting one’s resources and relying upon the reality of one’s medical conditions and limitations thereby imposed in persuading OPM to draw and infer the conclusion that the Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s Federal or Postal job, it is understandable how overwhelmingly dispiriting a denial can be.

Denials of a Federal Disability Retirement application often appear to be “arbitrary”.  Yes, there may be multiple paragraphs in a “Discussion” Section of the Denial Letter delineating a “reason”, but such explanatory posits are often non sequiturs where conclusions fail to follow upon selective extrapolations from medical reports submitted.

Clearly, “something” did not satisfy the reviewing “medical specialist” who came to the conclusion of a denial, and whether the Federal or Postal applicant believes that the denial is both unfounded and unjustified, it is an irrefutable fact that OPM possesses both the power and the authority to approve or deny a Federal Disability Retirement application, and whether a denial appears “arbitrary” or convincingly persuasive in delineating reasons for the denial, the process itself must be seen as an “adversarial” one.

Arbitrariness can only be countered by rational discourse, and the power to deny must be refuted by a reasoned rebuttal supported by convincing medical documentation.  Don’t fume over unfair, selective extrapolations that are intellectually disingenuous; instead, contact an attorney who specializes in Federal Disability Retirement Law and begin the process of countering the arbitrary denial by mapping out a reasoned rebuttal.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Application: Lost…

One’s age can be revealed as to whether, in the privacy of one’s thoughts, the ellipses is replaced with — “Lost in Space”, or even The Swiss Family Robinson.  The former is a television series that ran between 1965 and 1968; the latter, a novel by Johann David Wyss published in 1812 that few of us read anymore.  Another television series recalled from the dustbin of history’s classics; another novel and writer no longer read, remembered or studied.

They are stories about lost colonies, lost people, lost souls — lost individuals.  The fact that they are “lost” is a phenomena that society finds interesting enough to retell the story about which we would never know, except that they were somehow “found” and were able to convey their experiences.

As a child, one remembers the self-contradiction of that very issue: the young, fertile mind queried (and never could get a satisfactory answer from anyone ):  How come, if they are really lost, we’re able to watch them on television, or read about them?  If they were found, then they aren’t lost, anymore, are they, and if so, why is it interesting or even relevant?  Or, is it just of historical interest that we enjoy hearing about the experiences during the time of “being lost”?

The world today, of course, is different from the yesteryears of a bygone era; the world is all “connected”, such that there are no places in the world where we haven’t seen National Geographic photographs depicting of untraveled areas where the “lost peoples” of the universe reside and continue to survive.  The Amazonian forests are being depleted through mindless mining and destruction; the Himalayan monks who once medicated in silence wear jeans and sandals while selling trinkets to wandering tourists; and the polar bears that once roamed the northern glaciers wander beneath the pipelines that stretch amidst the wilds once dominated by the wolves that sniffed with suspicion.

Today, we live amidst civilization’s constant drum of progress and technological connectivity; instead of being lost in the wilds of a universe still undiscovered, we remain lost amidst the communities in which we live.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition must by necessity lead one to consider filing for Federal Disability Retirement benefits under FERS, there is a sense of “loss” and “being lost” in at least 2 ways: The “loss” of a career once held promising; and of being “lost” in the complex, administrative process in preparing, formulating and filing for Federal Disability Retirement benefits.  In either sense of being lost, it is a good idea to consult with an attorney who specializes in Federal Disability Retirement Law — if only to get a roadmap to help one find one’s bearings.

Being “lost” does not mean simply that one does not know where one is geographically; in fact, most people are lost even in the midst of being surrounded by the daily din of civilization; and that is why consulting with an attorney in preparing, formulating and filing for Federal Disability Retirement is an important aspect in finding one’s way out of the morass of being lost.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Organizing the apocalypse

The apocalypse, by definition, has no future.  Whether by biblical reference, or in a generic sense where the foreseen event entails such proportions of catastrophic immensity, the concept itself is beyond the grasp of human comprehension.  It is where Being becomes non-existent, and the existential contrast of the conceptual puzzle encompassing Nothingness is somehow attempted to be understood, if only within the limited means of linguistic expression.

Poetry cannot abide the meaning; prose can barely describe its repose; and human thought is unable to grapple with the vicious circularity of its conundrum:  to comprehend it is to consider its very converse; to think upon the inversion is to extinguish all conceptual paradigms.  It is an act of self-immolation, where the devouring of one’s own flesh must by necessity occur in order to stave off the pangs of starvation, but where each bite merely ensures the death of the guarantor of life.

That is what Malraux touches upon when his characters discuss the self-contradiction of revolutionary movements; the very people who initiate such explosions can never be the ones who continue the implosions following; for, it is the breed itself which cannot remain in order to build.  By their very nature, the destructive forces must themselves disappear, lest the cannibalization of such extinguishment is the intended goal, which is never considered unless anarchy and dystopia are the ends sought.

We often think that those who are compelled by causes which history, in its visionary retrospective insights, can remain to maintain stability and administration of the revolutionary idea; but Mao proved otherwise, and the haunting bones of Cuba’s leaders where poverty, desecration of abandoned ideas and fading combat khakis declare to us that we wish Mick Jagger never came out of retirement.

There is, in every epic of historical proportions, a loss of meaning whenever the cause has been attained, and that is the natural course of life.  The question thus becomes:  Once the pinnacle is reached, what does one do?  In microcosms of life and smallness of living within the spectacle of the common man, the issue that remains and looms amidst is, How to organize the apocalypse.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents one from continuing in one’s chosen Federal or Postal career or vocation of financial stability, the fact that one must end one’s Federal or Postal career early is akin to an apocalypse, where hope is no longer a goal to endure.  That being a fact of irrefutable and irreversible content which arrives at a point of incontrovertible reality, the issue remaining which must be considered is, How do I rationally organize this apocalypse?

Preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the first step in ensuring that the metaphorical “revolution” which brings about a change uncalled for, like the wave of a historical sweep in epic battles of mankind’s folly, comes about in a rational, organized and steadfast manner, such that we are not left behind like the haunting whispers of Mao’s Cultural Revolutions or the stale cigar smoke from Castro’s toothless grin, where history laughs in the dark corridors of forgotten tombstones overrun with the swallowing of earth’s grief.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employees Disability Retirement System: The Stradivarius

It has come to represent a superlative; a standard of excellence which cannot be exceeded, and considered as the penultimate achievement beyond which only angels and heavenly bodies can ascend to, or hope to touch like the light mist of dawn slowly rising to the tips of the alps wrapped in the greenery of nature’s untouchable paradigm.

The history of related intrigue is without match, as well; of the secrets protected within the family of instrument makers; of smugglers and thieves and the attempts by collectors to preserve the remaining authenticity of those made by the master of violins; and the keen eye ever wary of impostors and counterfeiters.

For Federal employees and U.S. Postal workers who are considering preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, it would be well to always keep the symbol of excellence in mind, as the goal to achieve.

The shabbiness of putting forth a half-hearted attempt at anything is demeaning; an achievement through error or accident is rarely of any consequence; but by reaching a height of excellence within the context of suffering from a condition which impacts one’s ability to perform the essential elements of one’s job, is to recognize the worth of one’s capacity to still maneuver the winding complexities of this confounding world.

The gathering of proper medical documentation; the clarity of expounding the necessary bridges and legal argumentation in compiling an effective OPM Disability Retirement application; these all need to come together, like the master’s hand in constructing an instrument of heaven’s whispers.  The daunting task of facing a bureaucracy can always be disheartening; the goal of achieving a successful outcome, however, should always be the eye which guides, and excellence the key to that endeavor.

For the Federal and Postal employee who wants to file for Federal Disability benefits through OPM because one’s Federal or Postal career has now come to an end, the final step in creating the music of an orchestrated exit should be to ensure the excellence of an OPM Disability Retirement application, in order to step into the next phase of life, and to achieve the subsequent future for a Stradivarius achievement.

Sincerely,

Robert R. McGill, Esquire