OPM Disability Retirement: Blindly Forging Forward

The success of every endeavor encompasses a wide and vast array of preparation not seen, rarely apparent, and never obvious.  It is the time of engagement “behind the scenes” which then, upon the revelation on public display, makes it appear as if it is accomplished with ease and effortlessness.  But the hours of preparation, the extent of effort expended, and the research and study employed — all coalesce to bring about the appearance of ease.

So it is with every activity; it is no different in preparing, formulating and filing for Federal Disability Retirement benefits, whether under the FERS or CSRS Government Employee Retirement programs, from the U.S. Office of Personnel Management.  To blindly forge forward in preparing and submitting a Federal Disability Retirement application to the U.S. Office of Personnel Management is to court disaster; it takes time, preparation, thoughtful deliberation, and careful compilation of the evidence and proof needed to present a persuasive case.

Never let the rumors of someone else’s success disrobe one’s natural instinct to be on guard; you never know what effort such stories entailed, or how true, or the full narrative picture; and such rumors should be left behind on the trash heap of rumor mills, where many a Federal or Postal employee discovered that success results not in following what someone else said, but rather, is attained through accepting the advice of those who truly know.

Sincerely,

Robert R. McGill
FERS Disability Attorney

   

OPM Disability Retirement: In a Perfect World & Secondary Constructs

In a perfect world, one can propose a hypothetical construct where efficiency of service occurs without thought; where administrative processes are available without glitches or unforeseen hazards; and where the workplace environment is daily supportive and sensitive to the needs of injured and disabled workers.  But of course the corollary of such a construct is that, if indeed a perfect world existed, then much of the world which is established to combat, prevent and counteract the imperfect world would have no need to exist.

It is similar to the problem of those in philosophy who attempt to argue as follows:  How do we know that the world before us is not merely a dream? The answer:  The very reason why we can distinguish between dreams and reality, is presumably because we must first acknowledge the reality of the world; dreams are secondary; the mistake we make is when we make that which is primary into a secondary construct.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the Federal and Postal employee who is engaging the services of the U.S. Office of Personnel Management should be well aware that they are not entering a perfect world.  This is a world of administrative nightmares; of expected denials and delays; and further, a world which is neither sensitive to, nor recognizably aware of, the underlying human suffering which accompanies each and every Federal Disability Retirement packet.

Further, in preparing a Federal Disability Retirement case, it is important to keep the essential elements of a Federal Disability Retirement application in a streamlined, focused presentation; otherwise, if you present the argument as a dream-like world, you will get a return response in a nightmarish fashion.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Regardless

It matters not for a bureaucracy, as to which Party occupies the executive or legislative branches of government (regardless — and we shall refrain from irritating those linguistic perfectionists who would vociferously object to inserting the term, “irregardless”, which is a meaningless but playfully interesting word, employing a double-negative and thus leaving one with the originating root word of “regard” — the bureaucracy of any administration will proceed uninterrupted).

A recent statement foretold of a truism before and after this election:  whoever wins, one thing will be certain:  government will continue to expand, and the bureaucracy will persistently chug along.

Often, people start, stop, or continue projects, initiate necessary actions, etc., based upon what someone else decides to do or not do, by depending upon an act or event outside of one’s control.  What one must understand, however, is that the bureaucracy of any government will continue to operate, regardless of any changes at the top.

As such, for Federal or Postal workers who are contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is best to ignore outside, third-party actions, in preparing, formulating and filing for Federal Disability Retirement benefits.  To depend upon the actions of others outside of one’s control will only lead to frustration and loss of time.  Affirmatively prove your case, and file when it is time to file.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Fairness

“Fairness” is a difficult concept to set aside, even when it is in the best interests of one to do so.  The underlying list of supporting reasons may be many — that the Agency engaged in acts X, Y & Z; that the Agency or named Supervisor did certain things, etc.

In a Federal Disability Retirement case, it is often not a good idea to focus upon issues of fairness.  In representing clients, my focus is upon proving by a preponderance of the evidence that a Federal or Postal employee is eligible and ultimately entitled to receiving Federal Disability Retirement benefits under FERS or CSRS.

Issues of agency actions; whether a Federal or Postal Worker was treated “fairly”; whether the National Reassessment Program is “fair”; all of these issues become peripheral, and sometimes harmful to the process of filing for and obtaining Federal Disability Retirement benefits.

To paraphrase an old adage, it is my job to keep that which is central to the issue, my center of attention, and to sweep aside the superfluous as just that —  distractions which should not be allowed to impede or otherwise impact the purpose of the entire process:  to get an approval from the Office of Personnel Management for one’s Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire