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Hostile Work Environment in Federal Employment

Posted on September 16, 2014 by OPM Disability Retirement Lawyer

Perhaps it is an inevitability.  When a Federal employee or a U.S. Postal worker suffers from a medical condition, such that the medical condition begins to impact one or more of the essential elements of one’s job, the reaction of the agency for whom he or she works (or the U.S. Postal Service), is often one of lack of supportive behaviors, to propose an understatement.  Reacting to a reactionary response, however, is not always the intelligent thing to do.

When the Federal employee or the U.S. Postal Service recognizes a need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal worker is under FERS or CSRS, the natural and instinctive thing to do is to reference the hostile work environment in one’s Statement of Disability (SF 3112A), thinking that statements about, and references to, an agency which has further exacerbated the severity and extent of one’s medical condition, will help to further the cause of attaining an approval for a Federal Disability Retirement application from the U.S. Office of Personnel Management.

Such a strategy, however, may well backfire, and one needs to be cautious in approaching the formulation of one’s Statement of Disability when consideration is given to including information concerning circumstances which may constitute a hostile work environment.

Relevant facts are always helpful; helpful facts are often necessary; and sufficiency of facts is always necessary.  However, in preparing, formulating and filing for Federal Disability Retirement benefits from OPM, discretion is the better part of valor, and that is especially true when submitting a Federal or Postal Medical Retirement application to the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Filed under: OPM Disability and a Hostile Working Environment | Tagged: a hostile work environment and federal disability retirement, a hostile work environment in the federal government can create stress and other mental issues, an emotional vs. reasoned personal account of disability, attorney experienced in dealing with fers disability retirement claims, avoiding using the "hostile environment" term in your opm disability claim, barriers of credibility and legal subjectivity in your opm disability application, bullying postal supervisor and the injured federal employee, cases where the opm claims situational disability, credibility in your fers disability application, department of defense and disability retirement, discrimination against us government employees, discrimination and indifference against federal employees with medical conditions, eeoc federal employee disability claims, emotional issues are understandable but don't let them ruin your application, employees from the department of veterans affairs resigning due to stress, equal opportunity issues and federal disability claims, escaping the vicious cycle of dependency from working in a hostile work environment, establishing the credibility of your fers or csrs disability application, fed government hostile working environment, federal employee stress leave and the hostile work environment in the mail processing centers, federal government stress leave, federal law agents and mental and psychological stress, fers resignation from a hostile environment and intolerable working conditions, harassment and bullying by federal government supervisors, harassment without accountability at the USPS, hostile environment at work opm, hostile work environment in the postal service, hostile working conditions in the federal government workplace, hostility against disabled employees in the department of homeland security, hostility against disabled federal employees, information credibility on opm disability information, legal representation before the office of personnel management (opm), nationwide representation of federal employees, one easy reason the opm can use to deny your disability claim, opm definition of hostile work environment and situational disability, opm disability for stress is possible just don't make it situational, opm hostile work environment, owcp stress, owcp stress claims and opm disability retirement when working in a workplace with hostile conditions, postal service stress leave, resign over harassment and discrimination issues in the post office, stress in the postal service, stress leave usps, submitting a balanced and credible medical documentation to the opm, the dangers of getting your opm claim situational, the handling a hostile work environment with federal supervisors, the hostile work environment in postal distribution centers, the hostile work environment in the federal government, The Importance of Your Credibility in an OPM Disability Application, the revenge of a postal supervisor, using your credibility in the applicant's statement of the opm disability form, usps hostile work environment, usps stress leave, what makes a hostile work environment in federal agencies and why is there so much hostility against disabled federal employees, when personal emotions overtake rational thoughts during application process, when postal supervisors create a hostile work environment for disabled employees, when the federal employee feels like resigning because of the stress and hostile work environment, when there is discrimination and harassment in the department of the treasury against federal employees with medical conditions, why it's not a good idea to talk about discrimination and hostile work environment in a federal disability retirement narrative, working in a hostile work environment in the department of the justice, your credibility on the federal disability application | Leave a comment »

Federal Employee Medical Retirement: The Emotional Quotient

Posted on September 18, 2013 by Federal Disability Retirement Attorney

To “walk in another person’s shoes” is a sentiment which attempts to foster empathy for the plight of another.  We tend to believe that if the “other person” had an understanding of the entirety of one’s circumstances, that there would awaken an altered perspective.

“Feeling”, of course, is quite different from “knowing”, and thus do we have, in this era of modernity, that which is identified as one’s “emotional quotient”, as distinct from the traditional “IQ” criteria.

For the Federal or Postal employee considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the conceptual distinction between “feeling” and “knowing” is one which should be considered throughout the course of putting together one’s Federal Disability packet.  For, it is ultimately a third party — a stranger in a gargantuan bureaucracy, the U.S. Office of Personnel Management — who must be “touched” in order to approve one’s Federal Disability Retirement application.

What is said; how it is said; the compliance with the legal criteria applied; how persuasive; whether the emotive content follows and reinforces the factual delineations; and the extent of the logical nexus created between one’s Federal position and the medical condition suffered; all of these in their complex intersection and combination serve to create a picture of a person’s medical condition, and the impact of that condition upon one’s ability/inability to perform one or more of the essential elements of one’s job.

One can approach the entire endeavor and simply say, “The only thing that matters is whether you meet the legal criteria or not”.  On the other hand, you may consider that, as human beings are fallible creatures, and not mere automatons, there may well be an emotional quotient which must be factored in, and in order to tap into such a vast resource of non-objectivity, one must consider one’s words carefully; for, in the end, it is language which creates the picture, as in the very picture of “walking in another’s shoes”.

Sincerely,

Robert R. McGill, Esquire

Filed under: Reflections of an OPM Disability Retirement Lawyer | Tagged: a personal medical narrative supported by facts, a process that requires considerable mental and emotional effort, a story of human suffering behind an opm disability application, an emotional federal disability application, an emotional vs. reasoned personal account of disability, approaching your opm disability claim in a persuasive manner, CSRS disability retirement federal attorney, describing a medical tragedy without too much emotionalism, FERS disability retirement, filing a very persuasive federal disability application, finding out the facts on federal disability retirement, how to write a persuasive statement on disability, human emotions, language and human condition in the 3112, law firm representing clients in opm disability law all across america, medical and legal criteria to qualify for postal disability, meeting the legal criteria fers and csrs disability retirement, meeting the objective eligibility criteria is important but your disability retirement application will still be evaluated by subjective human beings, nationwide representation of federal employees, nexus between medical disability and job performance, opm disability legal criteria in the medical narrative documents, OPM disability retirement, opm disability retirement and the story of human suffering, opm medical retirement qualification ruled by legal criteria of eligibility, owcp disability retirement, postal service disability retirement, rational, rational perspective into the fed workers' medical condition, reflecting on emotional tone from the legal angle, story of human tragedy, the appropriate factual argumentation in your specific opm disability claim, the emotional needs of the applicant and the sf 3112a, the federal disability retirement application with an emotional tone deep inside in the objective medical language used, the fine balance between rational and emotional factors, the human side of a disability story, the human story behind the federal disability application, the impact of a human story, the legal landscape of an art form in fers disability retirement, the role of an attorney in a federal disability case, The whatever topic discussion we may have about federal disability retirement don’t forget the nexus, understanding the human story of the medical condition, using a compelling general eligibility criteria in the disability application is important but don’t forget that the nexus concept is a mayor criteria issue, USPS disability retirement, we may be talking about emotional issues or medical documentation -- but never forget the nexus, whatever topic discussion we may have about federal disability retirement don't forget the nexus, writing statement of disability as an art form | Leave a comment »

Medical Retirement Benefits for US Government Employees: The Narrative of Emotion

Posted on June 20, 2013 by Federal Disability Retirement Attorney

Often, when one has been embroiled in a prolonged battle with another person, an organization, agency, etc., the embattled state itself takes on a life of its own, and decisions which should be based upon a rational perspective, what is in one’s best interest, etc., are cast aside.  That is why divorce proceedings — ones which involve little children — are such traumatic events to witness.  But domestic relations litigation is not the only type of proceedings which tear at one’s soul.

Often, a Federal or Postal employee will be involved in countless years of procedural and administrative litigation — including EEO filings, formal grievances, lawsuits filed in Federal courts, etc. — which take their toll upon one’s family, one’s career, and one’s health.  Sometimes, the engagement of litigation becomes a way of life, and the daily turmoil constitutes the norm by which one lives.

When one’s health is impacted, however, the Federal or Postal Worker who considers filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, will sometimes allow for the years of battle to cloud one’s judgment.  While historical narratives concerning the background of one’s medical conditions may be somewhat appropriate in preparing and formulating one’s Federal Disability Retirement Applicant’s Statement of Disability, one should be cautious in filing a narrative of emotion — that exhaustive rant against a particular supervisor or coworker; against the agency; and against the world which has turned into an enemy of daily turmoil and emotional upheaval.

Focus upon the essence of a Federal Disability case.  It may be time to leave behind that prolonged state of embattlement, and find a quiet spot in the pasture of one’s future, and enjoy a day of peace by securing one’s future with a Federal Disability Retirement annuity.

Sincerely,

Robert R. McGill, Esquire

Filed under: OPM Disability Application - SF 3112A Applicant's Statement of Disability for CSRS and FERS | Tagged: a process that requires considerable mental and emotional effort, a rational perspective from your disability claim evaluation, an emotional vs. reasoned personal account of disability, attorney representing federal workers for disability throughout the united states, civil service disability retirement, collateral litigation and federal employee disability retirement with the us government, decision making based on rational medical issues, describing a medical tragedy without too much emotionalism, disability retirement at the USPS, emotional distress at the Post Office, essential elements of jobs, federal disability retirement, fers litigation and case laws on disability benefits, getting rid of emotional baggage during fers disability application, importance of the narrative report on opm disability, keep your emotions in check during the opm disability process, keeping emotions under control will help an opm disability applicant, keeping your tone cool and rational during application, law firm representing clients in opm disability law all across america, legal requirements of the medical narrative report, making rational arguments along with sound medical evidence, nationwide representation of federal employees, OPM disability retirement, reflecting on emotional tone from the legal angle, representing federal employees from any us government agency, SF 3112A Applicant's Statement of Disability for FERS, sound decision-making in real-life health problems at the federal workplace, suppressing negative emotions before a major survival fight, telling your emotional story from an opm disability attorney's perspective, the applicant's medical narrative report, the emotional needs of the applicant and the sf 3112a, the fine balance between rational and emotional factors, USPS disability retirement, usps employment discrimination to postal workers with stress, when emotions affect our 'rational' thoughts, when personal emotions overtake rational thoughts during application process, writing a successful personal narrative report | Leave a comment »

Federal Worker Disability Retirement: Recognition of the Imperfect Self

Posted on June 26, 2012 by Federal Disability Retirement Attorney

At any extrapolated slice of a person’s life, the identity, character, narrative and personality of an individual is an incomplete description; but a description representing a particular period of a person’s life, together with the multiple preceding, intervening and subsequent sections, constitute the entirety of one’s “life story”.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, it is often difficult for the Federal or Postal employee to find, choose, and apply the “right words” in describing the medical conditions and how they impact one’s positional duties; then to further delineate the impact upon one’s personal life.  For, everyone wants to tell “the whole story”, thinking that the narration of a fractured autobiography reflects an incomplete compendium of a greater complexity of truth.  But from the perspective of the “other” — i.e., in this case, the case worker at the Office of Personnel Management — it is necessary to tell the anomaly of the incomplete complete story:  a slice of life, incomplete in comparison to the totality of a person’s life, but complete in that it answers the questions posed on SF 3112A, and satisfies the legal criteria which forms the basis of an approval or disapproval.

A person’s life can never be captured by an incomplete narrative; and just as a semicolon is a grammatical indicator where the story is meant to continue, so the complexity of a person’s life story — encompassing value, truth and relevance in a world devoid of a teleological framework — can only be captured imperfectly in any Applicant’s Statement of Disability.  The key, therefore, is to recognize the inability to tell a complete story; and, often, it is best if someone else tells the story for you.

Sincerely,

Robert R. McGill, Esquire

Filed under: Pre-Application Considerations | Tagged: a compelling story behing every fers disability application, a federal disability applicant got to understand his or her limitations, a story of human suffering behind an opm disability application, an emotional vs. reasoned personal account of disability, answering the questions that the applicant's for disability retirement asks, civil service disability, disability retirement for federal employees, emotional barriers and objective decision making during the postal disability application and process, Federal Disability, federal disability law blog, federal disability retirement, FERS disability retirement, keep your emotions in check during the opm disability process, law firm representing clients in opm disability law all across america, nationwide representation of federal employees, OPM disability retirement, opm disability retirement and the story of human suffering, owcp disability retirement, Postal disability, postal service disability retirement, representing federal employees from any us government agency, story of human tragedy, telling the medical story in the applicant's statement of disability, telling your emotional story from an opm disability attorney's perspective, the compelling story of an opm disability applicant, the federal disability applicant's need to tell his/her story, the history of a medical condition in the proper context of the applicant's statement of disability, the human side of a disability story, the human story behind the federal disability application, the opm disability application and choosing carefully the right words, the sf 3112a form and the inherent need for storytelling, the story may sound unfair but if it doesn't help to prove disability...., the story must be retold but...., USPS disability retirement, why is so difficult for a federal disability applicant to tell his or her story in the application | Leave a comment »

Federal and Postal Disability Retirement: The Effective Narration

Posted on June 6, 2011 by Federal Disability Retirement Attorney

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, it is often difficult to maintain an objective perspective on one’s own case, precisely because of the intimate knowledge, relationship, and involvement one has with the particular medical conditions one suffers from.  

Sometimes, of course, “maintaining an objective perspective” can backfire — where the argument made or the formulation of the applicant’s statement of disability, conveys little or no emotional undertone.  But the opposite of that particular perspective is normally the case — where one’s own personal involvement and relationship to a case fails to state the facts, circumstances, medical elements and their relationship to one’s inability to perform one’s job, in a manner which is neither coherent nor relevant.  

In preparing and formulating a Federal Disability Retirement application, the problem with a narrative involving one’s own medical condition is not because of its emotive content, for such emotional substance can often be effective in persuasive discourse; rather, the problem with it normally has to do with the coherence of the narrative itself.  

Emotion is necessary for the conveyance of genuineness; only, don’t let the emotion get in the way of telling one’s story.  For the true narrator tells the tale such that the audience feels the heart of the story, without ever knowing that the narration itself is the cause of the emotional upheaval.

Sincerely,

Robert R. McGill, Esquire

Filed under: Theory and Practice: Tips and Strategies for a Successful Application | Tagged: an effective federal disability retirement application, an emotional vs. reasoned personal account of disability, an understandable emotional response to an irrational fers disability decision, effective federal disability claim statement, federal disability law blog, FERS disability retirement, human emotions, integrity and objectivity in your federal disability retirement application, keeping emotions under control will help an opm disability applicant, legal effectiveness in government disability claims, Maintaining an Objective Perspective in a Disability Case, maintaining an objective perspective on your fers disability application, objective and subjective factors in your federal disability claim, objective language and evidence in the opm disability claim, opm disability and the right balance between some emotion and much more objectivity, OPM disability retirement, opm medical claim and giving effective medical arguments, postal service disability retirement, presenting a personal disability matter objectively, proving opm emotional disability, telling your emotional story from an opm disability attorney's perspective, the fine balance between rational and emotional factors, using some emotional content in your fers disability application, USPS disability retirement, writing an effective opm application memoranda | Leave a comment »

Medical Retirement Benefits for Federal & Postal Employees: Objectivity & Credibility

Posted on May 15, 2010 by Federal Disability Retirement Attorney

Whether justified or not, the conceptual interconnection between objectivity and credibility is inseparable.  This general rule is no different in filing a Federal Disability Retirement application under FERS or CSRS.  The appearance of objectivity naturally lends itself to credibility of an application.  If too much emotional fervor is infused into an application, the credibility of the application is immediately undermined.  Now, because any discussion concerning a medical condition, the impact of a particular medical condition upon one’s ability or inability to perform one or more of the essential elements of a job; impact upon one’s personal life, etc., inherently and necessarily encapsulates an emotional perspective, does this mean that most — if not all — disability retirement applications are somewhat undermined at the outset?  No, of course not.  The characterization of the application; the tone, tenor and approach, are all conveyed in the narrative of the application.  This is precisely why it is often dangerous for applicant to be one and the same as the person who prepares the Federal Disability Retirement application.  The subjective cannot become the objective without great effort; and few are able to expend the proper effort to effectuate the balanced tone of objectivity.

Sincerely,

Robert R. McGill, Esquire

Filed under: OPM Disability Actors - The Applicant, OPM Disability Application - SF 3112A Applicant's Statement of Disability for CSRS and FERS | Tagged: a personal medical narrative supported by facts, an emotional federal disability application, an emotional vs. reasoned personal account of disability, barriers of credibility and legal subjectivity in your opm disability application, civil service disability, CSRS disability retirement federal attorney, describing a medical tragedy without too much emotionalism, disability retirement at the USPS, disability retirement for federal employees, essential elements of a good medical narrative report, federal disability attorney, FERS disability retirement, FERS medical retirement, focusing on medical substantive issues not emotional problems, getting rid of emotional baggage during fers disability application, getting rid of emotional baggage during the opm disability application, keeping emotions under control will help an opm disability applicant, lack of objective medical evidence used to deny postal disability, law firm representing clients in opm disability law all across america, legal requirements of the medical narrative report, Maintaining an Objective Perspective in a Disability Case, maintaining integrity in the opm medical narrative, maintaining your emotions under control when preparing your fers disability application, nationwide representation of federal employees, objective medical evidence for federal disability cases, OPM disability attorney, OPM disability retirement, postal service disability retirement, presenting a personal disability matter objectively, representing federal employees from any us government agency, representing federal employees in and outside the country, resources for injured federal workers, statutory requirements in OPM disability law, the applicant's medical narrative report, the fine balance between rational and emotional factors, The Importance of Your Credibility in an OPM Disability Application, using your credibility in the applicant's statement of the opm disability form, USPS disability retirement, when personal emotions overtake rational thoughts during application process, writing a persuasively descriptive narrative for opm disability, your credibility on the federal disability application | Leave a comment »

Federal & Postal Service Disability Retirement: The Workplace

Posted on November 9, 2009 by Federal Disability Retirement Attorney

When a Federal or Postal employee is considering filing for Federal Disability retirement benefits under FERS or CSRS, there are many and varying conflicting responses, wrapped and bundled in emotional turmoil, reactionary and concerned viewpoints, etc.  Stories of a “hostile work environment”, of discriminatory actions, harassing supervisors, etc., are often part of the “narrative” of a person considering filing for Federal Disability Retirement. 

One must be careful, however, that when the affirmative decision to file for disability retirement is made, that only those relevant aspects of the narrative be included in the final disability retirement packet.  Things which do not provide a compelling basis for proving, by a preponderance of the evidence, the necessary criteria for meeting the legal standard to be approved for Federal Disability Retirement benefits under FERS or CSRS or, just as importantly, things which will harm a disability retirement application– they should be left out of the final narrative. 

Such issues surrounding a “hostile work environment” or a harassing supervisor — such perspectives or narrative formulations which come close to the dangerous precipice of showing that one’s medical disability is merely a “situational” disability (those medical conditions which are specifically confined to a specific situation in a specific agency’s office environment) — should certainly be left out of the final narrative.  This brings up a further point, which I have touched upon many times in the past:  a person without an attorney to formulate the narrative in filing for Federal Disability Retirement benefits is often too close to his or her own case, and cannot objectively present the proper narrative to the Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Filed under: Mental/Nervous Condition, OPM Disability Process - 1st Stage: OPM Disability Application | Tagged: abusive supervisors and federal disabled workers, an emotional vs. reasoned personal account of disability, assisting clients that have tried to file for disability without an attorney, attempting opm disability without representation, attorney experienced in dealing with fers disability retirement claims, attorney representation before the office of personnel management (opm), avoiding using the "hostile environment" term in your opm disability claim, bullying in the postal service, bullying postal supervisor and the injured federal employee, cases where the opm claims situational disability, CSRS disability retirement federal attorney, disability retirement with the post office, eeoc federal employee disability claims, emotional issues are understandable but don't let them ruin your application, emotional turmoil at the post office, equal opportunity issues and federal disability claims, experience and results for federal employee disability claims, federal disability retirement is a medical claim not an equal opportunity one, federal employee disability lawyer, fers disability for mental problems is possible if you avoid some pitfalls, FERS disability retirement, focusing on medical substantive issues not emotional problems, getting rid of emotional baggage during fers disability application, harassment and bullying by federal government supervisors, harassment without accountability at the USPS, issues to mention that will help your usps postal disability claim, Keeping Emotionalism to a Minimum, nationwide representation of federal employees, one easy reason the opm can use to deny your disability claim, opm disability for stress is possible just don't make it situational, opm disability law and the preponderance of evidence concept, OPM disability retirement, opm situational disability as a landmine difficult to overcome, postal workers disability psychiatric disability in OPM disability retirement, preponderance of the evidence concept in fers disability law, preponderance of the evidence documents, psychiatric disability in OPM Disability Retirement, representing federal employees in and outside the country, Situational Disability and the Federal Worker, situational disability and the hostile environment claim, situational federal disability, taking your federal disability claim with calm and in the hands of a professional, the danger of postal disability retirement for stress, the dangers of getting your opm claim situational, the revenge of a postal supervisor, us postal service disability retirement, USPS disability retirement, when personal emotions overtake rational thoughts during application process | Leave a comment »

Federal & Postal Service Disability Retirement: Personal v. Objective

Posted on October 27, 2009 by Federal Disability Retirement Attorney

Filing for Federal Disability Retirement benefits is a personal matter.  It is personal precisely because it is considered as an admission of a disability; it goes to the heart of what a person does in life — one’s livelihood, one’s means of support; and it goes to the perception in our society of the “worth” of an individual — financial worth, productive worth, worth in terms of the ability to support a family, and worth in terms of one’s contribution to society.  Because it is so personal, it is difficult to “objectively” assess and evaluate a disability retirement claim, by the individual who is thinking about filing for such a benefit. 

That is often why it is important to have an attorney represent an individual who is considering filing for Federal Disability Retirement benefits.  Often, when I am hired at the second or third Stage of the process, I read the initial submissions of the client, and find that the “personal” has indeed overtaken the “objective”, precisely because the very subject of the disability retirement process — the applicant — had to undertake the very personal process himself/herself.  Such personal subjectivity cannot see beyond the very personal nature of the medical condition, and when that happens, it is almost too personal for the OPM representative to make an objective assessment of the case.

Sincerely,

Robert R. McGill, Esquire

Filed under: OPM Disability Actors - The Applicant, OPM Disability Actors - The Attorney, OPM Disability Process - 1st Stage: OPM Disability Application, The Job of a Federal Disability Attorney | Tagged: a rational approach to opm disability retirement, an emotional vs. reasoned personal account of disability, an objective evaluation of your opm disability claim, attorney federal disability, blogs owcp and opm disability issues, civil service disability retirement, CSRS disability retirement federal attorney, describing a medical tragedy without too much emotionalism, disability retirement in the post office, emotional comments won't always help to get opm application approved, federal civil service disability, federal employee and its acceptance of being disabled, federal employee disability, federal employee disability benefits, federal employee medical retirement, FERS disability retirement, FERS medical retirement, fighting feelings of worthlessness during the opm disability application, filing for usps disability, focusing on medical substantive issues not emotional problems, getting rid of emotional baggage during fers disability application, helping the opm disability specialist to evaluate your claim objectively, helping the opm representative to assess your disability claim, how to get approved for federal employee disability benefits, keeping emotions under control will help an opm disability applicant, keeping your tone cool and rational during application, Maintaining an Objective Perspective in a Disability Case, making rational arguments along with sound medical evidence, no work available for injured postal workers, not getting too personal during the applicant's statement of disability, nrp and defending injured postal workers, OPM disability retirement, OPM objective methodology, owcp disability retirement really is usually meant "opm disability retirement", postal service disability retirement, presenting a personal disability matter objectively, problems with personal disability retirement statements in opm application, rational perspective into the fed workers' medical condition, story of human tragedy, taking lwop for owcp medical condition, the fine balance between rational and emotional factors, the human side of a disability story, top federal disability retirement attorney, us post office disability attorney, usps rehab employees, value of a human being not defined by disabilities, when personal emotions overtake rational thoughts during application process, when the opm applicant can't handle the disability paperwork, why it can be difficult for the opm disability applicant to prove his claim | Leave a comment »

CSRS & FERS Disability Retirement: The Attorney’s Role

Posted on October 7, 2009 by Federal Disability Retirement Attorney

It may sound harsh; it may even sound “mean”; but I often tell my potential clients that I am not their therapist, doctor, or empathy-advisor.  I am their attorney.  When advising people to respond to an Office of Personnel Management denial with some “discretion”, it is often difficult for an individual who is so closely tied with his or her own case, to remain objective and detached.  Yet, detachment is the mark of professionalism, and that is why the old adage is true — that an individual who represents himself in court has a fool for a client. 

My job as an attorney who represents Federal and Postal employees to obtain Federal Disability Retirement benefits under FERS & CSRS must be guided with a focus of understanding the factual context, the medical conditions, the type of job, the symptomatologies manifested by the medical conditions, and apply the law governing disability retirement issues.  If I become a therapist, it detracts from my focus; if I become an empathy-advisor, I become “attached”, as opposed to de-tached.  That is not to say that I will not listen to the relevant medical background (note the confusing double-negative, which merely means that yes, I will listen, to some extent) — I certainly will.  But only to the extent that will allow me to win the case for my client.  For, that is my job:  to get an approval from the Office of Personnel Management.  If I am successful at that, then my client will have gained all the needed empathy of the world:  a semblence of financial security.

Sincerely,

Robert R. McGill, Esquire

Filed under: OPM Disability Actors - The Applicant, OPM Disability Actors - The Attorney, Reflections of an OPM Disability Retirement Lawyer, The Job of a Federal Disability Attorney | Tagged: addressing the reason for OPM denial, an emotional vs. reasoned personal account of disability, An employee appealing OPM's denial, an injured postal worker can always get an "early out" retirement, anger over the opm disability benefits denial, best legal representation for disabled usps postal workers, controlling anger and disappointment after opm disability denial, criteria of a good opm disability attorney, deciding if you need an opm disability attorney of a stress therapist, detachment when dealing with an csrs disability lawyer, disability law opm attorney helping federal workers across the usa, early out for disabled postal workers with application, early out option for injured postal workers available but not authomatic, federal compensation for federal workers with disability denial, federal disability lawyers not immune to emotional issues, federal government medical disability, federal government medical retirement, federal lawyer defending rehab postal workers, FERS disability retirement, fighting to get federal government disability, focusing on medical substantive issues not emotional problems, focusing on the substantive issues of an opm denial letter, focusing on winning a fers disability case not to winning empathy, human emotions, if disabled postal employees need an "early out", if the postal worker is denied opm disability benefits, if you are denied worker employment benefits in the usps, Keeping Emotionalism to a Minimum, keeping emotions under control will help an opm disability applicant, legal help after first application denial, legal resources of injured federal worker other than workers comp, medical disability from the post office, nationwide representation of federal employees, OPM disability retirement, Postal Service disability, postal service disability attorney, the attorney client relationship in establishing a fers disability claim, the attorney's role during the opm disability process, The Denial at the First Stage, the denial disability letter issued by the opm, the fine balance between rational and emotional factors, the functions of an attorney and the injured federal employee, the job of a federal disability retirement attorney, the opm disability attorney and federal worker client relationship, the proper role of a lawyer and of a trained therapist, the relevant medical information in opm disability, using an attorney in federal disability retirement cases, usps denial of injury compensation, USPS disability retirement, voluntary early retirement for ill or injured usps workers, What criteria should I use to choose a good Federal Disability Attorney?, when the client wants the lawyer to be a therapist, when the federal owcp workers comp denies your claim, winning your federal disability retirement not your sympathy | 1 Comment »

CSRS & FERS Disability Retirement: The Proper Focus of the Attorney

Posted on September 12, 2009 by Federal Disability Retirement Attorney

Have you heard of the fable about the general who led a vast and unstoppable army, with multitudes of foot soldiers, artillery, supply lines, a vast ocean of destructive power — who stopped to console a woman who had lost her son to an illness?  He failed to lead his army, and as a consequence, his vast and seemingly indestructible army was devastated in a battle which should have been a lopsided victory for the general of whom we speak.  What is the point of that fable?  It is that we all have our duties and responsibilities, and while the moral compass of the general was certainly “not inappropriate” (note the double negative) — but the timing was inappropriate.  Why was the timing inappropriate?  Because the general had other more pressing duties and responsibilities to attend to. Thus, it is important in speaking about the proper role of individuals, to always point to both content, as well as context.  The general’s job was to lead his army; the fact that he had empathy for a woman who had lost her son, is commendable — but not in the context of needing to lead his men into battle. 

This is important to understand in the context of a client and his or her attorney; remember that the attorney’s role is to win the case; and while empathy for the client’s personal situation and, in the case of Federal Disability Retirements under FERS & CSRS, it is important for the attorney to understand the “human story” of the medical condition, the impact of such medical conditions, and how they prevent one from performing the essential elements of one’s job, remember that the primary focus of the Federal Disability Retirement attorney is, and always should be, upon applying the applicable law, and to win the case.  It is the Attorney’s job to keep the client’s focus upon those issues which will help him win the case.

Sincerely,

Robert R. McGill, Esquire

Filed under: OPM Disability Actors - The Attorney, Reflections of an OPM Disability Retirement Lawyer, The Job of a Federal Disability Attorney | Tagged: a story of human suffering behind an opm disability application, an emotional vs. reasoned personal account of disability, building your fers disability foundations over rock, careful walking in the path toward federal disability retirement, civil service disability retirement, complex issues and problems during the opm disability process, complex issues surrounding a fers disability application, disability retirement for postal clerks, federal disability lawyers not immune to emotional issues, fers disability benefits, focusing on medical substantive issues not emotional problems, focusing on the direct issues, harassment is not a medical issue, important issues to opm disability annuitants, lawyer role in federal disability cases, medical issues for a federal employee, nationwide representation of federal employees, owcp medical retirement, planning your opm disability strategy from the beginning, Postal disability retirement, postal service disability retirement, procuring entitlement to federal disability retirement annuity, representing federal employees from any us government agency, strategists for a good opm disability application, texas opm disability retirement, the attorney's role during the opm disability process, the fine balance between rational and emotional factors, the functions of an attorney and the injured federal employee, the human side of a disability story, the job of a federal disability retirement attorney, the process of getting and securing federal employees disability, the proper role of a lawyer and of a trained therapist, understanding the human story of the medical condition, using an attorney in federal disability retirement cases, USPS disability retirement benefits, when the client wants the lawyer to be a therapist, working on a disability claim and getting your claim approved, your priorities during the fers disability process | Leave a comment »

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  • More on CSRS & FERS Disability Retirement

    • eZineArticles.com Article: The 1 Year Statute of Limitations
    • Federal Disability Retirement Laws, Medical Conditions, and the Intersecting Complications with OWCP, Social Security and FERS & CSRS
    • Federal Disability Retirement: The Full Arsenal of Weapons
    • FedSmith.com Article: Revisiting "Accommodation"
    • FedSmith.com Article: Sometimes the Process is just as important as the Substance of an Argument
    • Latest PostalReporter.com Article: Causation in a Federal Disability Retirement Case
    • Understanding the Complexities of the Law
    • USPS Disability Blog: The National Reassessment Program, the Agency and the Worker
  • Other Resources for Federal and Postal Employees

    • Articles Published in the Postal Reporter
    • FAQs on OPM Disability Retirement
    • FERS Disability Attorney Profile at Lawyers.com
    • Main Website on Federal Disability Retirement
    • OPM Disability Blog
    • The Postal Service Disability Retirement Blog
  • Seven False Myths about OPM Disability Retirement

    1) I have to be totally disabled to get Postal or Federal disability retirement.
    False: You are eligible for disability retirement so long as you are unable to perform one or more of the essential elements of your job.  Thus, it is a much lower standard of disability. 

    2) My injury or illness has to be job-related.
    False: You can get disability even if your condition is not work related.  If your medical condition impacts your ability to perform any of the core elements of your job, you are eligible, regardless of how or where your condition occurred.

    3) I have to quit my federal job first to get disability.
    False: In most cases, you can apply while continuing to work at your present job, to the extent you are able.  

    4) I can't get disability if I suffer from a mental or nervous condition.
    False: If your condition affects your job performance, you can still qualify. Psychiatric conditions are treated no differently from physical conditions.

    5) Disability retirement is approved by DOL Workers Comp.
    False: It's the Office of Personnel Management (OPM) the federal agency that administers and approves disability for employees at the US Postal Service or other federal agencies.

    6) I can wait for OPM disability retirement for many years after separation.
    False: You only have one year from the date of separation from service - otherwise, you lose your right forever.

    7) If I get disability retirement, I won't be able to apply for Scheduled Award (SA).
    False: You can get a Scheduled Award under the rules of OWCP even after you get approved for OPM disability retirement.
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