Office of Personnel Management (OPM) Disability Retirement: Don’t Be Fooled

This is a legal process.  Don’t be fooled with the following: “Yes, it is just a matter of filling out a few forms.  Get your medical records, complete the forms and submit it all to your Human Resource’s Office”.  But what about the decades and decades of case-law and legal precedents surrounding the Federal Disability Retirement process?

Don’t be fooled — The U.S. Office of Personnel Management is not in existence to merely rubber-stamp each Federal Disability Retirement application submitted by Federal and Postal employees under FERS.  Rather, OPM is determined to find an excuse — any excuse — to deny the claim and to make it appear as though you never had a chance at qualifying.

If your attendance has become a problem, OPM will argue that your medical conditions are not serious enough to warrant your inability to make it into work.  If you have stellar performance reviews, OPM will point to them and argue that, See?  Your Agency says you are doing a great job, and therefore your medical conditions are not serious enough to preclude you from performing your job duties.

If “conduct” is ever an issue, OPM will point to it and say, So you got into trouble with your agency and now you are trying to fool everyone into believing that you have a medical condition.  Again — don’t be fooled.

OPM Federal Retirement is a serious legal process, and you should be forewarned that you will need an attorney to argue your case for you.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

FERS Disability Retirement for Federal Employees: Stuck in Another Time

We live for a time — perhaps as a child, or sometime in our youth — then move on.  Later, perhaps someone refers to the city, town or county of those prior years, or you see a photograph of the place; what do we recall?

The memory of a prior experience, a place we once visited, a house we grew up in; despite the years which ensue, the knowledge that change occurs daily, and the realization that nothing ever stays the same: Yet, we remain stuck in another time.  We go through life saying things like, “Oh, I should take you back there — it is such a quiet and peaceful place!”  Or: “When I was growing up…”.

It is like going back to a reunion of sorts — likely, nostalgia for places once existed, results in disappointment, precisely because one’s memory, stuck in another time, never meets up to the expectation of perfection abstracted from an imperfect world.

Medical conditions have somewhat of a similar effect.  We tend to walk about with the image of youth — of that vibrant, fearless individual who once walked this earth.  Perhaps you once jumped out of planes in the military; or lifted weights, trekked through the woods for miles on end; ran, jumped, did marathons and always maintained your “fitness”.

Then, a medical condition hits.  It becomes chronic.  It progressively debilitates.  Still, stuck in another time, what is one to do?

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, consider filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management.

For, being stuck in another time does not mean that you should remain in a place which is no longer compatible with the current conditions you face.

Sincerely,

Robert R. McGill, Esquire