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
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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
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