Tag Archives: – a va disability record should help your case but you still need to prove a legal and medical criteria that is different than va disability

The U.S. Office of Personnel Management: The Objective Perspective

There are those, of course, who contend that there is no such thing; that we are all colored by our biases and prejudices; that “objectivity” is a false premise, to begin with, and merely a pretext to spew one’s hidden agenda.

But the mind is greater than a mere cauldron of personal beliefs.  It can, through logical analysis, strip away personal content, private biases and reach a level of logical judgements through an extrapolated methodology of abstracted conceptualizations unfettered by privately-held prejudices.  It is comprised by a disciplined approach, and is a perspective which is obtained through self-checking and considered judgments.

The U.S. Office of Personnel Management, of course, claims to review all FERS Disability Retirement applications with an “objective perspective”.  They will claim that they are not out to deny a claim, but merely reviews all Federal Disability Retirement applications with an “objective perspective”.

Have you ever read a denial of a FERS Disability Retirement application issued by the U.S. Office of Personnel Management?  They make it sound as if you had absolutely no chance of success.  Does that approach appear to be “objective”?  “Unbiased”?

Consult with an OPM Disability attorney who specializes in Federal Disability Retirement Law, and hire a Federal Lawyer who goes beyond the objective perspective, and instead becomes an advocate who will argue in your favor.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement for Civilian Federal Employees: Necessity by Choice

There are always options; it is just that, because some of the alternatives presented are either unfathomable or illogical, we deem them to be “not” viable choices to consider.  The necessity of filing for Federal Employee Disability Retirement under FERS is often viewed in that manner: It is a necessity — yes, by choice, but only because all other options have become untenable.

The Federal employee or U.S. Postal worker does not come to making such a decision because he or she really has any other say in the matter.  Staying at the job with the deteriorating condition is really not an option.  Simply resigning and walking away with nothing to show for all of the hard work expended is unthinkable.

There are, for the few fortunate, the choice of an early retirement, or having reached that MRA crossroad; but such choices are limited and often not economically viable.  And so the necessity by choice must be faced: Unable to continue in the job because of a medical condition, OPM Disability Retirement is the only option left.

Contact a FERS Attorney who specializes in Federal Disability Retirement Law, and begin the process of preparing, formulating and filing an effective Federal or Postal Disability Retirement application because the necessity has prompted the choosing of the only viable option left.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Law: The Chasm between Reality and The Law

Non-lawyers will often read “The Law” and expect that reality will conform to the language as it is stated.  That is actually a good sign, in that the expectation of the layperson is that respect for the law will necessarily result in compliance with its dictates.  But language is malleable.  It is subject to interpretation, and that is the field of play which allows for elasticity and the chasm which develops between Reality and The Law.

There are, first and foremost, “The Facts” — and whether or not “The Law” applies to a particular set of facts.  Then, from that application of facts-to-law is the further problem of deciding its significance and relevance, and whether or not there are other contravening facts or opposing case-law or statutory citations which may also impact the direct argument of sound legal analysis.  Then, of course, there can be the further difficulty of people, companies, entities and agencies which completely ignore the law and, more recently, of creating one’s own set of “alternative facts”.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition has begun to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal job, it is important to apply “The Law” precisely, relevantly and comprehensively.

More recent cases of a precedent-setting nature may have altered the meaning of statutory interpretation in a subtle, more favorable manner, and thus is it important to consult with an an experienced attorney who specializes in Federal Disability Retirement Law in order to obtain the greater benefit in evaluating your case, lest the chasm between Reality and The Law be so great as to defeat one’s own attempt within a greater pool of lacking the proper knowledge in applying the law to your particular set of facts.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: The Carefree Life

Is there such a thing, or is it a fiction, a mirage, a fantasy of those who create mythologies old and new — like the Utopia of some ancient history or of immortality in a netherworld of paradise’s dream?

To live is to care; to have a carefree life is therefore to die.  The incompatibility of the two concepts coexisting is intuitively clear; but the oxymorons we create are often as a result of dreams and goals expressed out of frustration from the overwhelming nature of those cares which confront us.

Life is a series of “cares”; to be free of them is to be free of life itself; and as living means that the human drama of interacting, helping, engaging in conflict and facing daily trials and all that constitutes the “stuff” that life is made up of, so it is the one who engages it successfully, who is able to maneuver through the complexities of such messes we make of it — that is the closest we can come to in becoming “care-free”.

There are those few who, perhaps, are able to escape a good part of the daily cares of life; but then the unexpected happens, such as a medical condition which one has no control over.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, it may be time to modify the types and numbers of the “cares” that you are confronted with.

No, there never was or is a carefree life; but obtaining a Federal Disability Retirement may at least allow for the Federal or Postal worker to at least focus your attention upon the cares which matter most — that of health.

Consult with an attorney who specializes in Federal Disability Retirement Law today and consider preparing an effective OPM Disability Retirement application through the U.S. Office of Personnel Management in order to come closer to that mythological paradise of the non-existent, carefree life.

Sincerely,

Robert R. McGill, Esquire