Federal Medical Retirement: Resisting the Scatter Approach

Preparing a Federal Retirement application under the FERS system naturally lends itself to a “scatter” approach because it requires multiple facets in order to complete the complex bureaucratic process.  Like the tentacles on an unruly octopus, some facets must be correlated in sequential order, while others must be attended to simultaneously.

And because some portions must be completed by your Federal Agency (which is too often uncooperative and/or uncaring, and also it is sometimes downright antagonistic to the process as a whole) — and all the while being under pressure of an unreasonable timeline imposed by OPM, it is easy to despair and give up on the process entirely.

Perhaps that is how the system has been deliberately created — to make the process as difficult as possible in order to discourage as many Federal employees and Postal workers as possible.  To counter this, it is important to begin with a guiding principle — of the statutory criteria and case-law formulations which provide the overarching foundational premise — a legal cover letter which creates a successful roadmap for arguing your case.

Otherwise, the only alternative remaining is to succumb to the “scatter” approach — which is precisely what the U.S. Office of Personnel Management wants you to do so that they can deny the case based upon the incomplete aspect of any one of the unruly tentacles required.

Contact an Federal Disability Retirement Attorney who specializes in preparing, formulating, and filing a coherent, cogent, and effective Federal or Postal Disability Retirement case, and resist the “scatter approach”.

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.

 

Permanent Medical Retirement from Federal Employment: Post-Separation Evidence

OPM ignores the law.  Despite over a decade since the opinion expressed in Reilly v. OPM, Federal Circuit Court of Appeals, 571 F.3d 1372 (Fed. Cir. 2009), the U.S. Office of Personnel Management continues to dismiss the relevance of post-separation medical evidence in a Federal or Postal Disability Retirement application.

OPM will systematically deny cases with the following type of statement: “You doctor stated X.  However, the medical report was dated after your separation from Federal Service.  Therefore, you did not establish that you were medically disabled from performing your job while a Federal employee.”  Huh?

Three things stand out, of course: First, most medical conditions are progressive and degenerative in nature and do not appear on the very day a doctor examines a patient.

Second, the clear logical error of OPM’s argument is so blatant: X exists. X exists after Time-Y. Therefore, because X exists after Time-Y, X did not exist prior to Time-Y.  Or: I saw a man named Tom. I saw Tom today and did not see him yesterday.  Therefore, Tom was not born before I saw him today.  Absurd.

And third: OPM ignores the law as stated in Reilly, where post-separation medical evidence is clearly relevant if a proper nexus is established to a pre-separation time-frame.

Don’t let OPM’s illogical interpretation of the law defeat you.  Contact an attorney who specializes in Federal Disability Retirement, and beat them back in order to obtain the benefits you are entitled to.

Sincerely,

Robert R. McGill, Esquire

 

Long-Term Disability Retirement from Federal Government Employment: Incompatibility

It is essentially the “fourth” criteria in a Federal Disability Retirement case — the first three being, whether or not a Federal or Postal worker can show to the U.S. Office of Personnel Management a deficiency in performance, conduct or attendance.

Unfortunately, the performance-review system is often one of an afterthought — of Supervisors and Managers giving “Outstanding” or “Fully Successful” ratings for all employees just to get through the process and avoid the headache of an appeal or grievance response.

So long as the Federal or Postal worker is healthy, such favorable performance reviews are great.  However, when a medical condition hits a Federal or Postal employee, and the need arises to file for Federal Disability Retirement benefits, then that is the time that such favorable performance reviews are scrutinized and used against you by the U.S. Office of Personnel Management.

The argument goes thus: Your Agency says you are doing such a good job; so, how can you now say you cannot do your job?  It is that fourth criteria — one of incompatibility — which often forms the foundation for filing a Federal Disability Retirement application.

Contact a FERS Disability Retirement Lawyer who specializes in Federal Disability Retirement Law and begin the process of determining whether you meet the criteria to qualify for Federal Disability Retirement benefits with OPM.

Sincerely,

Robert R. McGill
FERS Disability Attorney

 

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

 

Medical Retirement for Federal Workers: Believing in something

It is difficult, these days, to do so.  One can, by rote of habit, engage in the taciturn void of Gregorian chants, of hardened wood to kneel upon in prayerful silence where altar boys were muffled in horror in backrooms somewhere behind the hidden conscience of priests who, holy though they appeared, were but men of fleshly wants; or of giving when the televangelist prayed for miracles and allowed the camera angle to capture the piety of a winking heart.

Modernity defies believing in something.  We scoff at piety because we learned long ago that priests in dark robes were merely cloaked in outward appearances while engaging in acts of desecration behind closed doors, and gurus who rode around in expensive cars while preaching the gospel of meditative calm possessed devious thoughts untold behind craggy beards and beady eyes; and so we have lost the capacity for believing in something, anything, and let our children roam the streets of nihilism, sensual extortions of human bondage and the virtual reality of video consoles, only to be disappointed when they find emptiness in their lives reflective of an endless chasm of dreamless nights.

Once upon a time, Johnny believed in things; and then the marching band stopped when wars became endless, where speeches no longer carried the weight of conscience and greed seemed rampant in the daily lives of believers and beggars alike.  A priest once told this writer that he wished that the Church would sell all of its assets and go back to being the mendicant preachers we once were; but that was years ago, and not much has changed.

For most of us, we continue to cling to the thin reed of possibility; for the rest of us, we must contend with the reality of life’s trials: of work; family; health and friendships; and perhaps the belief in a tomorrow yet to be fulfilled with promised days of warm memories.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition has begun to prevent one’s ability and capacity to perform one or more of the essential elements of one’s Federal or Postal job, believing in something is a foundation for the next steps to take: Of a Statute in Federal Disability Retirement Law that sets forth a criteria to be met, and then to set about proving that one has met them.

Often, believing in something is nothing more than acting upon a need and setting about fulfilling that need; and for Federal and Postal employees who need to file for a FERS Disability Retirement, consulting with an attorney who specializes in Federal Disability Retirement Law is the first step towards believing in something that you have a right to believe in.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Information: Order & Madness

In its most basic sense, isn’t that what madness is — of a lack of order, or what society deems to be so?  Eccentricity skirts the boundaries of madness; being “odd” is merely a recognition of some forms of eccentricities; and “thinking outside of the box” is to simply do things that people have already thought of, but which we fool ourselves into thinking is something new and creative, because such thought processes are what every conventional thinker thinks is the oddball perspective when everyone else thinks that the other has not yet thought about it.

Orthodoxy is oppressive to youth and foreigners precisely because tradition itself is yet unknown, and thus cannot be the sole basis by which to continue things as they were.  Leo Strauss often argued that tradition alone is a poor basis from which to argue inalienable rights; something more needs to be provided in order for a foundation of justified longevity to occur.  Is rebellion in and of itself madness?  Is sudden upheaval — of a desire and want to upend long traditions and orthodoxy — itself a form of desire to solicit and court disorder, and thus madness?

One begins to experience the fringe of madness when too much disorder and chaos enters a previously-ordered life; that’s why old people and young children cannot tolerate too much upheaval; and those in the middle, though they may be better prepared to tolerate disruption, can only do so within limits.

We hear of certain types of people and of particular characteristics and personalities who “thrive” on disorientation — of uncertainty, disruption, financial instability or physical challenges.  They get a “high” on participating in “start-ups” or going deep into debt taking “a chance” on “hitting it big”; or even of wall street traders who, in a different life and under modified circumstances, may have been gamblers or con men (some would counter that there is very little distinction between the three).  Most, however, prefer the stability of predictability, and seek order not only out of madness, but to prevent it.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition has become a continuing disruption by impeding, preventing and precluding the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it will often appear as if madness has replaced the order of the world.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is a logical step in an attempt to court order out of madness; for, in the end, the medical condition is a type of madness in and of itself, is it not?  It has all of the characteristics of madness — of chaos, disorder, disruption, and the insanity of responses from one’s Federal Agency or the Postal Service, that you are no longer the valued employee you once were; and thus does filing for OPM Medical Retirement allow for order to come out of madness.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Pension: In between preparations for vanishing

The Biblical reference is where John the Baptist declared that his role in the historical narrative would naturally diminish by relevance in order for the primary character to loom large upon a world in need of a coming Savior.  Each of us strive daily to accomplish, achieve and advance (ah, the 3 “A’s” might be the title of the next New York Times Bestseller on the mass marketing list of self-help books); that is the natural inclination from birth to death – or, at the very least, until one has expended and exhausted the reservoir of stamina each retains for the daily battle of life itself.

What we fail to recognize is that, as another book of wisdom in an age prior to the declaration of a coming earthquake that would split the earth and crack the old barrels of fermenting wine (figuratively stated) pointed out, there is a time, a season and the proper context when certain acts should be considered (paraphrasing here), and prominent among them the capacity to recognize the appropriate time to begin paring back, preparing to recede and allow for the next generation to take its successive position of assertive presence.

Do we embrace the in between preparations for vanishing, or do we fight against it because that is what we have done all throughout our lives?

It is important, for instance, to apply the principle of eventual vanishing when one becomes a parent, in order to foster the self-confidence of a son or daughter; to slowly, incrementally and seemingly naturally allow for the opinions and views of the younger ones to grow in stature, relevance and significance, such that when adulthood is reached, the lowering of the parent’s perspective becomes equal to the rising of the child’s self-image.

At that point, when the balance between childhood and esteem for one’s parents meets in the middle upon a spectrum of wide variance, parent and child can become co-equals of a sort, and “friends” as much as a parent and child can be.  In order to achieve that goal, however, it is necessary to engage in “in between” preparations for vanishing – not to totally obliterate the relevance of one’s historical accomplishments, but to incrementally diminish in magnification and presence.

Fighting against the need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is often based upon the lack of recognition that in between preparations for vanishing is a natural and necessary part, at a certain stage in life, during a particular season of one’s career, and when the time necessitates.  Yes, the Federal career and the Postal work provided a sense of identity and granted a purpose, focus and compelling force during the productive career – but now, the season has changed, the context has altered and the time has ripened in another direction.

It is time to engage the in between preparations for vanishing – not to totally disappear, but to diminish, such that when a Federal Disability Retirement is attained, the next stage of one’s life can be opened for that which we term the greater adventure of life.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Price of Admission

Private entities charge more; exclusive arenas tend to be out of reach; and it is, ultimately and as in all economic realities, determined by an admixture of supply (how many are allowed) and demand (how desirous is the goal of entrance and acceptance).  For every admittance, there is a price to pay.  Often, it is not merely the affirmative transfer of money or goods, but rather, the negative aspect of what one must “give up” in order to attain the end.  It often involves a comparative analysis, an economic evaluation of gain versus loss, and in the end, the emptiness of the latter being overtaken by the value of the former.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to awaken an awareness that one’s career may be coming to the twilight of that lengthy, successful run, it is often that “price of admission” which makes one hesitate.  For the Federal and Postal employee who must file 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, the question is double-sided:  the price one “has been” paying to remain as a Federal or Postal employee, as opposed to the loss of employment status, or becoming an “ex-member” of that exclusive club.

Change always portends a trauma of sorts; the medical condition and the revelation of vulnerability, mortality and progressive debilitation was in and of itself crisis of identity; but when it becomes clear that the medical condition begins to impact one’s ability to perform all of the essential elements of one’s positional duties, and that further changes to one’s career and livelihood must by necessity occur, then the avalanche of reality’s namesake begins to dawn.

The price of admission for one’s health, ultimately, is priceless; and that is the reality which one must face when preparing, formulating and filing for Federal Disability Retirement benefits through OPM.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Blank Canvas

For a painter, it is either the sight of uncontrollable delight, or a subtle sense of foreboding into depths of despondency; for the blank canvas represents two sides of a single coin:  an opportunity to do what one can, or the beginning of that which may be rejected by an unappreciative public eye.  But that is the inherent anomaly of every opportunity presented:  potential success, or possible failure.

That is why we carry around within us quips of self-appeasement, in order to lessen the weight of expected shortcomings:  “Nothing gained, nothing lost”; “It is better to have loved and lost than to never have loved at all”; the list of 100 successful people who failed at first; and other proverbial self-motivators.  Within such realms of fear and loathing for the future, however, is the truth of living:  Nothing ventured, nothing gained.

Until one brushes the first dab of color upon a blank canvas, one will never experience the beauty of art, and while failure may never be the end product if one never begins, so success and the potential for human fulfillment can never be realized.  Unexpected circumstances in life often provide a basis for people to just “give up” in despair.

Medical conditions tend to be a foundational basis for such surrender to life’s inequities, and Federal employees and U.S. Postal workers who suffer from an unexpected medical condition, know better than most how unfair life can be.  Suddenly, the gush of accolades stops; the golden boy or girl of yesteryear is considered merely with a disdainful passing glance; and coworkers shun as if beset with a disease of contagion.  But Federal Disability Retirement is a benefit which is tantamount to a fresh and blank canvas:  it is an opportunity of sorts, and should be approached with the same rashness and expectation of delight as when once youth feigned ignorance of future forebodings.

Federal Disability Retirement allows for the Federal or Postal worker to have a fresh beginning, a new start, in painting a picture filled with bright colors and scenes of unanticipated opportunities.  While it may pay a base annuity of 60% of the average of one’s highest 3 consecutive years of Federal Service for the first year, then 40% every year thereafter, it is that financial bridge for future endeavors which must be considered.

It is a benefit accorded to all Federal and Postal employees who find that a medical condition now prevents them from performing one or more of the essential elements of the Federal or Postal job; but beyond the monetary benefits, it is also like the blank canvas which allows for a fresh start in a life often filled with gloom and despair, but where the plenitude of colors may yet be chosen with a steady hand for the future.

Sincerely,

Robert R. McGill, Esquire

 

Reflections on Winter’s Desolation and OPM Disability Retirement

Seasons bring out certain characteristics and traits of primate natures; and while artificial lighting, civilized constructs of community comforts and technological distractions of virtual reality may somewhat temper the appetitive rhythms of inherent evolutionary origins, the fact is that our attempts to suspend the reality of our nature can only be met with partial success.  Winter is a time of desolation (unless, of course, one’s home is based in a climate where seasons barely change, in which case the envy of others will reach you through temporal vibrations of mental jealousies).

Somehow, medical conditions become magnified exponentially; physical pain is exacerbated, and psychiatric despair becomes quantifiable. Statistically, there is no greater number of filings for Federal Disability Retirement during one season as opposed to another; but in reality, it is probably more a sense that, as the trees are stripped bare of leaves and the greenery of lawns and nature’s interludes are crisp with reminders of decay, the beatitudes of distracting influences become minimized, and one can turn inward and make a careful assessment of one’s future.

Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, need to ultimately make that decision, and take that step of affirmative evaluation and assessment, in determining the course of one’s future.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, is a serious matter, and one where consideration of all factors should be carefully performed.  But how does one go about properly and thoroughly performing the necessary evaluative process?  Often, insular rumination by a singular voice of counsel is less than effective; being one’s own counsel in matters of importance rarely provides an alternative perspective, which is what is needed in matters of gravity.

Seeking the advice and guidance of someone who knows and understands the process, and what the administrative and bureaucratic pitfalls and potential problems one is likely to encounter, is the first step in making a wise decision.

For, while winter’s desolation may allow for the revelation of the nakedness of nature, it is man’s plight which must be considered with open eyes and careful scrutiny, beyond the lonely swirl of the crinkling leaf which floats in the endless time of a hardened ground as it falls far from the tree which sheds itself in winter’s gloom.

Sincerely,

Robert R. McGill, Esquire