OPM Medical Retirement Attorney: Formulating the Effective Case

Is it inherently presupposed that a case to be formulated is one which should be “effective”?  By the insertion of that term, of course, it immediately implies a retrospective vantage point — an “ends” to “means” view of an outcome-based approach.

If a Federal or Postal employee who files for Federal Disability Retirement benefits, whether under FERS, CSRS or CSRS Offset, receives a denial from the U.S. Office of Personnel Management, one assumes that the case was not “effectively” formulated.  On the other hand, if an approval is received from OPM, one need not consider any such issue, but merely moves on to the “when” phase — as in, “When am I going to get paid“?

Outcome-based formulation of a case is never an unwise approach; but the mere fact that a denial is issued by OPM after reviewing a given Federal Disability Retirement application, does not mean that the case itself was not originally “effective” in the formulation and submission.

There are OPM “administrative specialists” who systematically deny cases; certain others who require a higher standard of proof beyond what the law mandates; and even those who extrapolate clear evidence in a denial which establishes eligibility for Federal Disability Retirement, but nevertheless concludes with a disapproval.  Such arbitrary outcomes may seem unfair and unwarranted, but it is a reality which must be faced.

In light of this, the positive outlook to embrace is the fact that Federal OPM Disability Retirement is an administrative process with multiple stages for appeals and additional bites at the proverbial apple.  From the outset, it is always a good idea to carefully prepare, formulate and file an “effective” case; but the mere fact that the first attempt fails to achieve the outcome desired, does not diminish or extinguish the positive assessment reached at the outset when first the Federal Disability Retirement packet was submitted; rather, it just means that additional proof and evidentiary addendum must be forthcoming to satisfy the bureaucratic process of further effectuating the efficacy of an already-effective case.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: The Fundamentalist

It often evokes a negative connotation, of a rigidness and adherence to principles which refuses to concede allowances for exceptions lest the singularity of excusable violation permeate and tarnish the very paradigm of inflexibility; and in a religious context, it represents a historical movement of a “going back” or rediscovery of basic principles of faith.

But being considered a fundamentalist in a secular sense does not necessarily result in a negative implication; strict concurrence with a standard of excellence and an unwavering fealty to ensuring that basic principles are followed, can be a positive thing. Of course, that is not how the term is usually applied, and so we shy away from such labels of convenient certitude.

For the Federal employee or the U.S. Postal worker who is considering filing 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, it is important to be a “kind of” fundamentalist — of an adherence to certain foundational principles in approaching the formulation and filing of a Federal Disability Retirement application. For, in the end, pursuance of excellence can be a “kind of” fundamentalism, and insistence upon doing something “the right way” is an element of that most basic of approaches and paradigm of beliefs.

Preparing, formulating and filing for Federal Disability Retirement benefits through OPM should be viewed as a systematic, methodological endeavor which always encapsulates three basic principles (thus, as in theological circles, the trinity of fundamentalism):  Medical reports and records manifesting an impacting medical condition; a Statement of Disability as reflected on SF 3112A; Legal argumentation of a persuasive and logically powerful delineation.

These are the three foundations which comprise an effective Federal Disability Retirement application.  And if your neighbor shouts at you for being a fundamentalist in adhering to the basic principles of disability retirement faith, point out the beam in his eye, and merely wash out the mote in yours.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Value & Worth

The two are often intertwined; what is of value is considered something of worth, and that which has an ascribed worth, is viewed as a thing of value.  If an objective, marketplace standard is applied, then the value of X may be disconnected from the worth of X; for, while X may retain little or no monetary value, the worth of the object to an individual may still endure (for sentimental reasons, emotional attachment, etc.).

Where human beings are considered, however, exceptions as to the inextricable conceptual intermingling of value and worth must prevail; but there again, the value of a person’s services in a specific industry may have an objective criteria upon which to base one’s worth.  Damaged goods devalue the marketplace price of commodities, and a similar ascription of worthiness is often viewed when an individual becomes less productive in the workplace.

For 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, this very concept of marketplace devaluation is both familiar and starkly personal.  Whether an objective value of marketplace worth can truly be ascertained when describing human contribution, is a debate for ivory-tower pundits of a philosophical bent; in the real world of workplace harassment, supervisors who are egomaniacs and self-centered forces of disruption, and where fiefdoms of power stations are mere playgrounds for toying with the weak, the issue of what to do when one’s level of productivity becomes clearly manifested as a result of a medical condition, is one which must be approached with a pragmatism of limited choices.

Federal Disability Retirement is an option available for all Federal and Postal employees who have a minimum of 18 months of Federal Service under FERS (and 5 years under CSRS), and allows for the Federal and Postal employee to retain one’s health insurance and leave the Federal workforce with an annuity for one’s future security.  Federal Disability Retirement benefits are obtained by filing a Federal Disability Retirement application through the U.S. Office of Personnel Management, and must meet the preponderance of the evidence test.

Whether value and worth are conceptual constructs which have distinctive meanings may merely be of academic interest; but it is always the case that the value and worth of one’s future security is an interest of pragmatic significance to all U.S. Government employees and Postal workers, and which must be fought for in order to secure a sure footing in this world of uncaring inhumanity.

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

 

Federal & Postal Disability Retirement: Conceptual Relationships

Word associations are revealing.  When once a word is uttered, the immediate association of another concept provides a prelude to the cognitive perspective of an individual.  Conceptual relationships are forged through upbringing, personal experiences, and memories fulfilled through impact, trauma, significance of meaning, and attribution of value.  The thinking “I” within the subjective realm of a personal universe, is made up of ghosts of the past, goblins of present fears, and gadflies yet to swarm.

Medical conditions, and terms associated with diagnoses and disabilities, whether physical or psychiatric, tend to engender fear and loathing, precisely because of the limitations they impose, the havoc they wreak, and the problems they present.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact the ability and capacity to perform the essential elements of one’s Federal or Postal job, the option of choice to resolve the impending problems of unbalance — of the growing and magnified inability to juggle work, medical care, and physical/cognitive/emotional health — is to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset.

No, it is not a perfect solution.  Yes, it is an option which is final, in the sense that one is retired from the Federal System.  But when alternative courses of actions are delimited within the purview of pragmatic choices, conceptual associations must be tempered within the objective realm of reality.

The moon may well be made of blue cheese, and such conceptual associations can be wrought within the realm of Platonic Forms and cognitive gymnastics; but in the real world, conceptual relationships must by necessity be forged within the iron ore of a witch’s cauldron brewing the germinations for future discourse.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Benefits under FERS, CSRS or CSRS Offset: Times of Reflection

There is never a time when reflection should not be part of one’s arsenal of daily living; but too much reflection, during “down” times where interludes of rumination can become a compound for exacerbated worrying, may result in unnecessary turmoil, and ultimately of impotent inaction.

Having a medical condition will often force an acceleration of tumultuous worrying, for it impacts one’s future, questions the stability of one’s present, and magnifies wrong turns and decisions made in the past.  But it is the combining of a tripartite approach which provides for effective leadership in any matter:  evaluation and analysis of the problem; initiation of affirmative steps to be taken; and follow-up to ensure application and conclusion to a process begun.

Being in a purgatory of sorts, or suspended through indecision, can often be a seemingly harmless state of being, precisely because nothing is happening; but in the void of nothingness, the fact of failure in progress may be the greatest harm of all.

For Federal employees and U.S. Postal workers, filing for Federal Disability Retirement benefits when a medical condition impacts one’s ability to perform one or more of the essential elements of one’s job, is just such an affirmative step which has to be taken in order to secure one’s future.

Federal Disability Retirement is an administrative, bureaucratic process which can only be secured if the Federal or Postal employee initiates the process through one’s agency, en route to filing with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  It has many stages; multiple potential pitfalls; and a continuum of administrative difficulties.  At each stage of the process, there are bureaucratic requirements which must be timely met.

There is, in life, a time for reflection, and a time for action; the former can be accomplished at the leisure of civilized society where culture, creativity and a coalescence of classics can converge; but the latter must be through sheer will in the context of need, and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset is a combined effort of both reflection and action, where the former spurs the latter into fruition.

Sincerely,

Robert R. McGill, Esquire