FERS Disability Retirement from OPM: Failure of Proof

What does it mean to “fail to prove” something?  Who, in the end, determines such a “failure”?

A benefit which is part of being a Federal or Postal employee — OPM Disability Retirement under the FERS system — must of course include “proof” that the Federal employee or Postal worker is no longer able to perform one or more of the essential elements of one’s Federal or Postal job; but what constitutes failure in meeting that burden of proof?

The U.S. Office of Personnel Management, of course, is the “gatekeeper” at the Initial Stage of the Federal Disability Retirement process, as well as the Second, Reconsideration Stage of the process.  The “safety” mechanism is that, if OPM denies the application for Federal Disability Retirement at both the First Stage as well as the Second, Reconsideration Stage, a Federal Disability Retirement applicant can file an appeal with the U.S. Merit Systems Protection Board — taking it out of the hands of OPM and placing it before an administrative judge for an administrative, telephonic hearing.

For, OPM’s methodology of “proving” that there has been a “failure of proof” is by selectively choosing everything undermining a Federal or Postal Disability Retirement case, then proceeding to make conclusions based upon those selectively chosen bases and ignoring everything else.  It is, in the end, not a failure of proof that defeats an OPM Medical Retirement submission, but more often than not, a baseless claim by OPM that proof by a preponderance of the evidence has not been met.

To counter this, contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law, and meet the baseless assertion of a failure of proof by proving that the failure was a failure of proper adjudication.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Disability Retirement: Problem Solving

We are not all that good at it; some, better than others; the rest of us, standing by as watchful bystanders.  Is problem-solving done by methodological discourse, or by random attempts of trial and error?

Certainly, for engineering and scientific challenges, esoteric training and background has an advantage; but did the first person who came to the end of a peninsula and observed an island just beyond — did the thought of a bridge or a boat appear because of some specialized knowledge, or simply out of one’s imagination?

In modernity, problems and their solutions tend to be compartmentalized into specialized areas of training.  Aside from problems of the run-of-the-mill character (family squabbles, teenagers, lost pets and a leaky faucet, etc.), most are challenges within a specified field of expertise.  We no longer live in a world where mysteries abound and explorers wonder (wander?) whether there is an edge at the far side of the oceans.

For Federal employees and U.S. Postal workers who have a problem with a medical condition which prevents the Federal or Postal worker from performing all of the essential elements of one’s Federal or Postal job, it may be time to call an expert in the field of Federal Disability Law and prepare, formulate and file an effective Federal Disability Retirement application.  For, problem solving is not merely a matter of a problem identified, but of a solution thoughtfully contemplated.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: This Day’s Trial

It is enough to contend with; this day’s trial, as opposed to tomorrow’s, or the day after that; or of constant rumination upon yesterday’s trial, or last week’s.  Life is complicated and challenging; to worry beyond the trials of today makes it almost too much.  Between obligations of work, family, taking care of one’s elder parents, fear of the pandemic, attempting to juggle the multiple demands coming at you from every which way — beyond this day’s trial is something that must be set aside until the next dawn’s light opens one’s eyes.

For those with medical conditions, of course, the trial itself is exponentially pronounced; for, the yearning for the time when the day’s trial merely contained all of that which has been described — but without the medical condition — would be preferred on any given day.  But that this day’s trial could be without the medical condition.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, this day’s trial always begins and ends with the medical condition itself.  Consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Contact a Federal Disability Retirement Lawyer, and begin to minimize this day’s trial so that tomorrow’s trial is less of a burden than this day’s trial.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Disability for Federal and Postal Employees: Comparisons

Does it help to make them?  Do we take comfort in judging the relative plusses and minuses in making comparisons — as in, X has A, B and C, but I have, in addition, D and E, and therefore I am more fortunate that X is.  Or, is it a comparison of one’s conditions, as in: “Boy, at least I don’t have X like Lisa does”, or “At least I am not in Y’s situation”?

To the extent that comparisons remind us of that which we are blessed with, they allow for a certain level of utilitarian value.  But there is a negative side to it: Of jealousy engendered by comparison, or of discontent resulting from making one.  Rousseau, of course, makes that point throughout his “Social Contract” analysis, of the purity of man’s intentions in that fictional state of “nature” that we were once in, but where society’s accretions of materialism created the artificial emotional response of discontent and jealousy.  But compared to what?

It is important to make the fair and correlative comparisons which are relevant — as in “apples to apples” and not “apples to oranges”.  For, it is the uniqueness of each entity, object or situation to be compared with the singularity of another that makes for a proper comparison.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it is inadvisable to compare one’s case to somebody else’s.  For, the proper comparison is not to evaluate one’s medical condition and the severity of one’s medical condition to that of another person’s medical condition; rather, the proper comparison in a Federal Disability Retirement case is to compare one’s medical condition to the essential elements of one’s position.

Thus, comparisons made must always take into account the relevant connections which relate not just in terms of similarities, but as is the case in Federal Disability Retirement Law — in what the law allows for and considers significant.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Responding to a Denial

More than ever, OPM is denying Federal Disability Retirement applications.  Whether by deliberate design, tightening of legal criteria, imposition of an informal quota system or “just because”, it is clear that the U.S. Office of Personnel Management has instituted a campaign of denying Federal Disability Retirement benefits to applicants seeking it.

Is there a basis in the law?  Are all denials justified?  Have they become more focused upon certain aspects of the legal criteria while ignoring others?  Is there a “typical” denial letter?

Some denials retain little to no justification; others appear to provide some rational basis; still others counter with detailed reasonings as to the legal basis for the denial.  The spectrum of the legal basis varies; and then, of course, there are approvals that seem to pass through with nary an objection.  Each case is unique because of the inherent circumstances surrounding the basic foundation of the health or medical condition and its relationship to the Federal or Postal worker’s specific job elements.

FERS Disability Retirement is unique and different from Social Security Disability benefits because the standard of eligibility is distinctively and identifiably unique: Social Security, generally speaking, requires a showing of “total disability”, whereas FERS Disability Retirement merely mandates a much lesser proof of being”unable to perform” one or more of the essential elements of one’s Federal or Postal job functions.

In the end, whether OPM has instituted a policy showing greater arbitrariness in its last Federal Disability Retirement determinations — or not — there is “The Law” which continues to guide and define. Consult with an experienced Attorney who specializes in Federal Disability Retirement Law before frantically trying to respond to a denial of a Federal Disability Retirement Application.  For, after the First Denial and the need to go to the Reconsideration Stage of the process, it is all a matter of the law.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement under FERS: Form and matter

Have you ever reflected upon the word, “matter”?  Such an interesting and compelling unit of our language — as in the question asked, “What is the matter?”  By contrast, how about the question, “What matters in this world?” and in a different form, “What matter makes up the universe?”

“Matter” refers to substance, whether used in the manner referring to a circumstance or event, or in inquiring about the foundational essence of that which makes up the “something” in our world.  Form, as Plato tried to explain, is the distinguishing feature that “molds” matter into various distinctions, without which all of the universe would be inseparable into a singular being — and thus the conceptual paradigm of a “oneness” of being originating, as in the first lines of the Old Testament, and out of that the omnipotent Being created the world by “forming” this matter or that matter into individual units of beings.

Matter is thus the “stuff” that things are made from; Form, the appearance that makes X distinguishable from Y; and thus does Being turn into individual beings because of the distinctive forms each take on.  But when we ask those other questions — i.e., “What is the matter?” or “Why does it matter?” — we are asking about relevance, substance, the “stuff” that makes up the event or the circumstances, and not the form or appearance; in other words, we want to get to the meat of an issue.

In that sense, the two meanings of the same word are intended in a similar manner: both for the substantive element that makes up the thing we seek.

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 job, filing for Federal Disability Retirement benefits under FERS may become a necessity.

In the process of seeking information about OPM Disability Retirement, both issues will be sought — though you may not realize it in this way — of both “form” and “matter”.  That which distinguishes your case from all others; the “meat” and substance of what must be included in your Federal Disability Retirement application, especially in the medical reports, the Applicant’s Statement of Disability, and the unique features that “make up” your case that have to be “formed” in order to present it to the U.S. Office of Personnel Management.

Form and matter make up everything in the universe, and it matters how you formulate a Federal Disability Retirement application because matter unformed is merely a lump of nothingness that will result in nothing further unless you form it properly.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Nonsense confiscates meaning

It obviates and nullifies it; often, it will make impotent that which once maintained vibrancy and efficacy.  That is where Orwell misconstrued the power of nonsense; for, in his classic novel, 1984, the scene which discussed the production of the newest edition of allowable Newspeak words and the reduction and elimination of certain concepts — he failed to realize that it is the greater dissemination and wide volume of words which undermines meaning, and not the other way around.

By exponentially adding — by quantitative overload — to language, we undermine the precision of language and thereby create a chaos of nonsense; and the result is that nonsense confiscates meaning.  Have you ever come across a person who takes a paragraph to convey the meaning of a single word?

By contrast, when you meet an individual who so succinctly states an idea and, with the sword of a sharp sentence, can slash a page to within a tidbit of profundity, you realize the benefit of brilliance over the darkness of ignorance.  Succinctness, precision, concise conceptual bundles — they are all important in conveying proper meaning; and “meaningfulness” is what persuades, while nonsense confounds and makes a conundrum of that which should be a vehicle of clarity.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the Applicant’s Statement of Disability — SF 3112A — is the vehicle by which “meaning” is delivered.

Do not get sidetracked with the nonsense of too much explanation; and an overly abundant profusion of nonsense may in fact harm one’s case.  A balance between the short “bullet-point” approach and a meandering diatribe against one’s agency needs to be pinpointed.  Do not let nonsense confiscate meaning, thereby undermining the ultimate goal of a Federal Disability Retirement application: To obtain an approval from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from the OPM: Formulating the argument

How does one formulate “the argument”?  Is it merely a reaction that comes naturally, like the person who has been tagged as one who is “constantly argumentative”?  Do all arguments need to provide a foundation of rational discourse — of coherence within an invective of counter-statements, and structure countermanding a deterioration of civility?

For example, when a person begins to answer the questions posed on SF 3112A, that is, the Applicant’s Statement of Disability, in preparing an effective Federal OPM Disability Retirement application under FERS — does one pause, consider the various answers that may be provided, and establish a methodology in proceeding to satisfy the question? Does the Federal or Postal employee contemplating filing for Federal Disability Retirement benefits consider first the consequences of one’s answers, and do you weave throughout a thoughtful argument for an approval?  Or, should the “argument” be filed via a separate Legal Memorandum, pointing out the relevant laws, citing the statues and quoting from various cases that have previously addressed the issues posed?

Most people who file for FERS Medical Retirement through the U.S. Office of Personnel Management fail to consider the preemptive arguments that should be made within the answers to questions posed on SF 3112A, and thus are denied at the First Stage of the process because the applicant thought that a simple question asked required a similarly-simple answer as requested.

Then, of course, when the Initial Denial of a Federal Disability Retirement application is received through the mail, the Second Stage of the process — the “Reconsideration Stage” — merits further formulation of legal arguments.  At whatever “stage” you are at — whether at the First and Initial Stage; the second, “Reconsideration” Stage; or even at the Third Stage, an Appeal with the U.S. Merit Systems Protection Board — formulating a coherent, cogent and rational argument that persuades OPM to approve the Federal Disability Retirement application is an important component in a winning FERS Medical Retirement application.

Remember — to file for Federal Disability Retirement benefits is not like having an argument with a friend or spouse; it is an argument which must be based upon facts, evidence, and legal precedents, and to have the best “shot” at it requires the hand of an Attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

 

OPM Disability Retirement: 2 countervailing rules

Here are 2: If you have an idea late at night, unless you write it down, you will never remember what it was in the morning.  The other half of the countervailing rule?  In the morning, it won’t seem as profound a thought as it first appeared late the previous night.  Or: Forgiveness can come easily when once you admit to your fault; and the counter to that — if it is your spouse or close relation, don’t think that you won’t be reminded of your need for forgiveness when once the first sign of trouble appears.  And another: Time will heal; yet, the countervailing reality: others rarely care to sacrifice their time in order to allow for the time needed to heal.

And for Federal and Postal employees who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the first “rule” of the 2-part countervailing rules of life is often: “Oh, I have been such a good employee all of these years, I am sure that my Agency or the Postal Facility will be understanding while I prepare a Federal Disability Retirement application — for, doesn’t all of those years of good service count towards a good-will well deserved?” And the countervailing rule to that is: “Buddy, you’re no longer going to be a part of this team, and what you did yesterday counts only until this morning, and no more. Let us give you a freshly-minted medallion that you can pin on your lapel, and boot you out the door the moment we discover that you are planning to file for Federal Disability Retirement benefits — even though you are doing only that which you have a perfectly reasonable right to”.

And thus do the countervailing rules always come in a duality of balancing coordinates; and, unfortunately, the behemoth of a Federal Agency or the U.S. Postal Service always seems to have the upper, dominant hand, which is why you may want to first consult with an attorney who specializes in dealing with such countervailing rules of life.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: Only for a season

Is our existence influenced by the seasons that alter, or are we so alienated from nature’s rhythms that we no longer follow the evolutionary trails that other species obey?

Seasons change for a reason; whether our anthropomorphically-imposed reasons or the dictates that consider the rhythms of a universe in constant flux — whatever the foundational purpose and teleological basis explained, the order of the universe allows for consistency such that life can comfortably thrive.

Some things last only for a season, then wither, die — or seemingly so, as leaves turn crisp with the cold winds of Fall, then drop and twirl with the streams of divine breath to disintegrate into the dust of this earth.  Winter covers the soil beneath in a sleeping slumber of hibernating snores, only to begin to see the first greens of Spring, then of the unrelenting tides of Summer’s haze.  Yes, it is only for a season, and then the changes occur.

We can become lulled into thinking that eternity is the exception for our lives; that the artifice we build, of tall towers and endless miles of concrete roadways reflect the immortality of our own existence, but then the next season comes along, and we are reminded that — no, it is only for a season.  Health is like that as well; and while sickness and medical conditions may last only for a season, there are others that must endure beyond, and beyond that.

For Federal employees and U.S. Postal Service workers who suffer from a medical condition such that the medical condition lasts for more than only a season, it may be time to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Nature’s Season determines for us the rhythm of an impervious universe; and while we may believe that a medical condition is only for a season, the Laws of Nature dictate and decide, and it is up to us to take advantage of the time left, if only for a season, and prioritize our lives, and never take for granted the health that we may yet enjoy, if only for a season.

Sincerely,

Robert R. McGill, Esquire