OPM Disability Retirement under FERS: The Percentage Game

We all play it; whether in calculating the chances of success (most of us are not knowledgeable enough to be statisticians, not having paid close enough attention in high school or college to that mathematics course regarding the numerical analysis of a numbers-based algorithm), or in merely keeping an eye on interest rates in the housing market, or perhaps taking note of how likely it is to be attacked by a shark before we step into the polluted waters of the Atlantic.

OPM certainly plays the game — one needs only to look at a Denial from the U.S. Office of Personnel Management to realize that, the manner in which the Denial of a Federal Disability Retirement application is written, there will be a certain percentage of people who will read it and say, “Gee, I never stood a chance.  I might as well not even go any further.”

The Denials are often written in unequivocal terms, stating with a tone of certainty that there was never any basis for filing, and that any further efforts would be fruitless and futile.  And from that language of certainty, a certain percentage of Federal Disability Retirement applicants will simply give up and walk away.  That is what the percentage game is based upon.

For Federal employees and U.S. Postal workers who have received a Denial from the U.S. Office of Personnel Management, it is wise to consult with an experienced attorney who specializes in Federal Disability Retirement Law to perform an objective-based evaluation of a Federal Disability Retirement claim.  Better, yet, consult with such an attorney even before you begin the process, to ensure the best chances in this “percentage game” which OPM plays.

Sincerely,

Robert R.McGill, Esquire

 

OPM Medical Retirement for Federal Employees: Imperfect Lives

Bringing up the very concept itself implies that the opposite exists: That of “perfect” lives.  We perhaps attribute the existence of such; perhaps it is the same line of thought processes which persuades us by the Ontological argument for the existence of God: God is that than which nothing greater can be thought of; To exist is greater than not to exist; therefore, God must by necessity exist.  The corollary argument which persuades us of the existence of a “perfect” life would then be: The perfect life is a life which erases all imperfections; perfection is better than its opposite; therefore there must by necessity exist perfect lives.

Yet, does reality indicate the existence of perfect lives?  Certainly, its opposite is true: imperfect lives being all around us, including our own, we then assume that there must be other, similarly imperfect lives.  Yet, while perfection is a non-relative term (it cannot be dependent upon a comparison to other terms, but is the paragon of all things not imperfect), its antonym — imperfection — can be.  Thus, X’s life may be less perfect than Y’s, and Z’s life may be less perfect than Y’s but better than X’s.  Can we ever say that X’s life is “more perfect” than X’s or Y’s?  Doesn’t “more perfect” necessarily imply imperfection and thus cannot approach a definitional plateau of “more”?

The plain fact is that all of our lives are imperfect, and perfection is an unreachable goal, and perhaps even undefinable.  For, who can define perfection of a life which fails to ever meet such a standard, and given the sins of human frailty, can it ever be achieved?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal position, the time may be ripe to admit and acknowledge that “perfection” is a standard which can never be met, and to try and maintain that appearance of perfection is an unrealistic goal.  Medical conditions have a way of humbling us; and as we keep struggling to maintain an appearance of perfection, what we are doing is failing to acknowledge that such a standard is a harmful, detrimental one.

Filing for Federal Disability Retirement benefits is an admission of our imperfection; consulting with an attorney who specializes in Federal Disability Retirement Law is a step towards acting upon that admission — that, try as we might, we live imperfect lives, and that’s okay; for, to err is human, and to file for FERS Disability Retirement benefits is to admit to being human.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Sufficiency Test

Sufficiency” is a funny word; like other subjective experiences, one often doesn’t know when it has been satisfied, but one nevertheless knows when it has not.  Like spectrums which reveal a range, sufficiency is a point of satisfaction which is recognized to have been met only after the point of sufficiency has been passed.

What constitutes “passing” the sufficiency test?  If someone has been kidnapped and a ransom note has been received, demanding payment for the safe return of the individual, is there an amount less than the demanded amount which would be “sufficient” to satisfy the kidnapper’s demands?  Can a platoon be “sufficiently” prepared for a combat mission, although not completely combat-ready?  Can percentages be applied which establishes meeting the criteria for sufficiency, at all times and in all instances, which can be applied as having met the sufficiency test?

Say a person says, “It is 80% done — sufficient for the purposes?”  Would this apply in painting a room, building a house or constructing a bridge?  Say that a bridge has been built 80%, and the last 20% is the part of the end where there remains a gap where suddenly the bridge ends with a missing piece where the gap exists such that a vehicle traveling would crash down a 100-foot drop to a tragic end — do we still say that the bridge was sufficiently built?

For Federal employees and U.S. Postal Workers who are intending on filing for Federal Disability Retirement benefits, the issue of sufficiency takes on an important role: What constitutes sufficient medical evidence and how is the unspoken sufficiency test met?

Consult with an attorney who specializes in Federal Disability Retirement Law to make sure that the Sufficiency Test will be met. In doing so, you may prevent a leisurely drive over a bridge only 80% finished, and be provided an alternative route in order to help you arrive at your destination in a sufficiently safe and efficient manner.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Adapting to Change

Survival of the species depends upon it; the paradigm of evolutionary theory mandates it; and the human propagation for advancement thrives through it.

Change is difficult.  It was once believed that the malleability of youth allowed for greater resistance to a damaged psyche; yet, from the plethora of late-night confessions, it has become clear that divorce and family divisions left residual scars upon children no matter how “friendly” the split-up was, no matter how much love, co-parenting support and so-called theories of “if I’m happy, you’re happy” blather was pasted thick upon the self-justifying reasons given; in the end, the trauma of change, upheaval, disruption and interruption have their lasting effects upon the shaken foundations wrought by the earthquakes of human existence.

Change; how we respond to it; what adaptive measures are taken; where the vulnerabilities appear; and the manner, timing and susceptibility to reverberations of lasting consequences — they all take their toll, don’t they?

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, change is inevitable, and adapting to change — a necessity.

But, then, adapting to change has already been a reality, if one pauses and thinks about it — to the change in one’s health through the chronic and debilitating medical condition; the need to have adapted to the growing sense of urgency as the medical condition has worsened over time; these, and many more changes have already forced the Federal and Postal employee contemplating further changes to adapt at each step of the way.  But that “final step” — of preparing an effective Federal Disability Retirement application — is an important one, and to make the best of the changes that are inevitable, it is a prudent idea to consult with an attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire