FERS Medical Retirement from OPM: Substance Replacement

It had to happen.  In a post-factual world, when facts have been abandoned and rational discourse and logical argumentation no longer matter — substance must be replaced with something.  Shouting; humor, peripheral and ancillary content-jargon; anything to address the substance of an issue; the replacement may be indicative of anything and everything — for it is the substance replacement which matters.

There is little which can be done; with the educational system the way it has developed, it is little wonder that substance has been replaced with fluff.  The classics have been abandoned; anything cognitively challenging has been expunged; logic has been deemed too difficult; rational discourse is a thing of the past.  One only has to pound the table and argue vociferously; and that is what we call, these days, civil discourse.

For Federal employees and U.S. Postal workers needing to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management under FERS, fortunately “The Law” still must prevail, and substance replacement — although it still occurs in the Denial Letters issued by the U.S. Office of Personnel Management — must still engage in the relevant import of case-law and statutory authority.

Contact a FERS Disability Lawyer who specializes in Federal Medical Retirement Law, and don’t allow for the rubbish which the U.S. Office of Personnel Management engages in when denying a Federal Disability Retirement case, and certainly do NOT allow for the substance replacement of your rights as a Federal employee or Postal worker under FERS.

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.

 

Postal & Federal Employee Disability Retirement from the OPM: Loss of Regularity

Regularity is tantamount to reliability; it is the repetitive acts which provide the context for human security in an insecure world replete with dangers, fears (whether founded or unfounded), deterioration, devastation and decline leading to demise.  The sun rises today and we expect it to rise again tomorrow.

We anticipate that the coffee shop down the street, existing for these many years, will be open as it was yesterday and the day before. But in the middle of the night, a fire may have raged, a storm may have blown, a tornado might have scattered; and when suddenly we discover the loss of regularity, an unsettling sense overwhelms us.

What can we depend upon and where can regularity be exposed?  Human frailty is the norm for human beings.

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 further continuing in his or her career of choice, the loss of regularity is often as devastating as the medical condition itself.  The key is to find the next phase of regularity, and to get a FERS Disability Retirement approved in order to attain that goal.

Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law, and begin the process of finding the next phase of security, the next corner of reliability, and to overcome that loss of regularity.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for FERS Employees: Incompatibility

The proof that must be shown, by a preponderance of the evidence, is that the Federal or Postal worker has a deficiency with respect to performance, conduct or attendance, or in the absence of any actual service deficiency, a showing that the medical condition is incompatible with either useful service or retention in the position held.

In recent months, the U.S. Office of Personnel Management has been ignoring the part about the “incompatibility” provision, and instead has been unfairly focusing upon whether or not a supervisor has deemed an individual’s past performance as having shown any deficiencies in performance, attendance or conduct.

The system of “performance reviews” favors passing most employees through without any deficiencies, and the reason for this is that it is often too much of a headache to give an employee a “less than fully successful” rating, lest there be grievances filed and appeals noted, creating a greater workload for the supervising authorities.

But even when there are noted and substantiated deficiencies in one’s performance, conduct or attendance, OPM will often dismiss such deficiencies as not being supported by the medical documentation, anyway, and so the basis for a denial of a Federal Disability Retirement application is often a compendium of circular arguments posited by OPM without any adherence to the law or acknowledgment of the facts.

More cases appear to be denied by OPM in recent months; ignoring the law and asserting unfounded reasons for such denials, and so it is important to fight against the trend that seems to be asserted by OPM: Ignoring well-established precedents in law and ignoring the facts by selectively extrapolating what OPM wants to focus upon.

If you have been denied, or want to put forth the best First-Stage OPM Disability Retirement application possible, contact an attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Claims: The chasm between illness and time

Illness creates the need for time and forces time to stand still for treatment, recuperation, attending, and resting.  Time is the commodity we no longer have in modernity, where the busy-ness of life’s travails just to survive forces everyone to walk about in a daze of exhaustion and thoughtless fatigue for fear of failure in this driven society.

The chasm between illness and time is that blur of life that happens so quickly that any notion of enjoying, of pausing, of that proverbial “stopping to smell the roses” is quickly dispensed with, thrown out the window along with the baby and the bathwater.  There is no chasm, no space, no time between time, and that chasm between illness and time develops only because we are forced to create it – by waiting for the doctor, waiting for the diagnosis, waiting upon the prognosis, waiting for the treatment to take effect, waiting for the medication to kick in; waiting, and allowing for the development between illness and time.

Time, according to Augustine, is the anticipation between memories held and events thought to occur based upon present circumstances beheld.  Physicists and Astronomers would differ, and would instead refer to moving objects and spatial divides that account for past memories, future movements and the sense of eternity in between.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition necessitates 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, the chasm between illness and time is better marked by anticipating what the Agency or the Postal Service will do (rather predictable, given their negative track record on how they treat employees in general), determining the future of staying put in a job where one is no longer able to perform one or more of the essential elements of the Federal or Postal position; and, based upon the medical condition itself, to weigh that against the lengthy process of getting a Federal Disability Retirement approved at the U.S. Office of Personnel Management.

There is a chasm between illness and time, but the best time spent is in preparing for the future, and perhaps consulting with an attorney who specializes in practicing Federal Disability Retirement law.  Just a thought to pass the time away.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: Here

So much time is spent upon the anticipation of some event in the distant future; or, perhaps merely tomorrow, next week, next year.  Here is where we are; in the “now”, the immediacy of a life being lived.  Human beings are peculiar, unique and devastatingly unaware to that extent; we give lip-service to the notion of attaining happiness, joy and the capacity to relish the precious gift of life, while all the while failing to embrace and embody the here of this moment.

Look at tourists visiting the various wonders of the universe; do they seem to enjoy the experience of viewing ancient relics or places where momentous events occurred?  Or, are they busy trying to make sure that the video camera or the Smart Phone is capturing the smiles, the scenery and the attraction just beyond?  How many videos of the same places exist in the world today, tucked away in the memory banks of a digital chip?  What is the difference between the video chip stored in a personal Smart Phone as opposed to a professional movie that explores the identical tourist destination?

What is missing, of course, is the experience of the “here”.  Thus, when asked the question, “So, did you go and visit the famous ruins of X?”  The answer is too often, “Yes, and let me show you the video I took of X.”  As opposed to: “Yes, and let me try and describe to you the beauty of X.”  Anticipatory living is not necessarily a negation of living the “here” of one’s life, or even the “now”; but it comes close to missing out.

For the Federal employee or the U.S. Postal worker who suffers 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 the Federal or Postal position, the need to file for Federal Disability Retirements benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is precisely the “here” that one is trying to preserve, by securing a “tomorrow” worth fighting for.

It is the “here” of one’s medical condition, the “here” of one’s health, and the “here” of some semblance of financial security that is the whole point of a Federal Disability Retirement benefit.  Yes, it is for tomorrow, and the process is a long, administrative headache that may not be approved until many tomorrows and another; but in the end, it is the “here” that is worth preserving, and the first step in securing a worthy tomorrow is by initiating the process of a Federal Disability Retirement application here and now.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The river of life

The evocative images of such a metaphorical phrase are immediately understood by most.  As in challenges we all face throughout life, a river snakes across different and foreign terrain; in some seasons, a drought may dry up the vibrancy of the river, while in times of plenty, flooding and overabundance may occur.

There are periods of swift currents, and days of lazy haze; and underneath the calm exterior is an underworld of activity and blur of living, both of tumult as well as those timeless memories forever remembered, and it is precisely the paradigm upon which Heraclitus staked his perspective upon with the statement that “No man steps in the same river twice.”  For, indeed, the essence of the universe is one of ever-present change; it is the one constant in a life filled with unpredictable indifference, of inchoate beginnings that never lead to any fruition; of trials encountered without reason or rationale; and the river of life leads us through the mountaintops of emotional pinnacles and down into the depths of a valley so dark that despondency fails to reach the eternal chasm of sadness undefined.

Streams flowing into rivers; unexpected tributaries swallowing up the nameless and uncharted waters; and of snowcaps that melt and flow without fluidity of purpose, so life brings about such challenges, engagements and unexpected face-offs.  What are we to make of this river?  What to do in this life?  Must we always be defined by accomplishments, or can the value of a human being be sufficient by reason of a self-fulfillment of an ego’s search?  Is it truly the person who has amassed the greatest amount of “stuff” who is considered the “winner”, and does the river of life grant any greater significance, relevance or meaning to the quantifiable monetary value than to the man who dies penniless?

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition necessitates the Federal or Postal worker into preparing, formulating and filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management, such questions embracing the river of life can be daunting, obsessively important, and awakening of a spark in the deeper recesses of one’s forgotten past to come to the fore.  Why?  Because medical conditions force a prioritization of values, meaning and relevance in one life; and, indeed, that is the foundational essence of every river of life – of what we believe; that we believe; and for which we believe.

Sincerely,

Robert R. McGill, Esquire

 

Early Medical Retirement for Federal Employees: The Gatekeeper

Garbage in, garbage out; leave the door wide open, and the flies come in; “we don’t live in a barn”; and other similar quips, quotes and quotidian truths abound to guide us throughout the day.  In Medieval times, the Gatekeeper held a prominent position of authority and safekeeping; trust was of paramount importance, and the potential for bribery to undermine loyalty and fealty to the inhabitants of the Court or Castle meant that treatment of the assigned individual demanded respect as well as adequate renumeration.

With the advent of privacy and the insular family unit, where community was replaced with walls of silence and solitude, the position of the gatekeeper was abandoned and relegated to the relics of antiquity.  Yet, while the public position has become extinct, the conceptual construct remains a necessity of choice.  Few consider the relevance, significance and importance the Gatekeeper, and so we allow for technology, any and all forms of television shows, images, opinions unfettered and logical (and illogical) consignments to enter and exit, leaving aside the mere tincture of bad taste to flow freely through our doors.

Who is the Gatekeeper in this age of unconfined information, where Orwell’s fears have been confirmed, and even more so; and where judgement, good taste and sheer hypocrisy of life matters not because “anything goes” and the only prohibition is to express one’s self honestly, lest the psyche and ego of one’s neighbor be offended and the thought police from the campus next door comes knocking on the proverbial wall in the middle of the night?  For, when the Gatekeeper was fired those many eons ago, we forgot that a locked door relied merely upon the person entering or exiting, and responsibility shared is no more than perils disbursed amongst the many, including those who fear not or carelessly sputter through life’s travails.

Now, for the Federal employee or the U.S. Postal worker who must consider preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, what relevance does the concept of a Medieval Gatekeeper have in this day of modernity?  Much.  And beyond, of greater relevance than you might think.  Garbage in, garbage out.

Leave the door wide open, and a denial might be guaranteed by OPM.  “We don’t live in a vacuum.”  And another:  Since the applicant in a Federal Disability Retirement claim has the burden of proof, such that a “preponderance of the evidence” standard must be met, who will be the determinant of what facts, relevant information and significant documentation is to be forwarded to the U.S. Office of Personnel Management?

In the end, the applicant, or his/her attorney of choice, is/are the Gatekeepers of an effective Federal Disability Retirement application, to be filed with OPM, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset; and like the Medieval Gatekeeper of yore, it is well to treat that position with respect, lest any undermined fealty results in the doors left wide and open for the haunting ghosts of yesteryear to enter and defile.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Goldilocks Principle

Most of us are familiar with the fairytale; but in modernity, the principle extrapolated has been extended thus: the natural pendulum of occurrences must fall within a certain set of margins, as opposed to reaching the outer limits of extremes.  And, indeed, most things settle into a comfortable compromise of corollary constancy; it is precisely because of the anomaly of extremes that we take special note of the exceptions which develop and manifest.  And that is always the continuing hope of most individuals — for a reaching of compromise, and static settling into a middle ground, etc.

But for Federal employees and U.S. Postal workers who find that a medical condition begins to impact one or more of the essential elements of one’s positional duties with the Federal government or the U.S. Postal Service, the Goldilocks Principle will often fail to apply.  Increasing pressure is brought to bear (no pun intended) upon the Federal employee or U.S. Postal worker who shows signs of vulnerability; perhaps an initial verbal warning, then a written admonishment; then, the placement of a PIP within the constant environment of hostility; restrictions upon leave usage, and finally, a proposal to remove.

Medical conditions require priority of purpose and attending to the medical condition itself.  Actions by agencies and the U.S. Postal Service often serve to exacerbate the medical condition.  Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, is an option which should be considered earlier, than later.

In the end, of course, the Goldilocks Principle is somewhat relatively determined by where those margins or goalposts are placed; for, in preparing, formulating and filing for Federal Disability Retirement benefits through OPM, the realization that the middle ground of comfort is far from the fences of the extreme, depends upon where the Federal or Postal employee is standing, in relation to the medical condition, the harassment received, and the empathy shown (or more precisely stated, the lack thereof) by the agency and the U.S. Postal Service.

Sincerely,

Robert R. McGill, Esquire

 

Federal & USPS Disability Retirement: The Advantage of Persistence

If there are innate, underlying underpinnings of genetic inlays which provide for greater advantages in the evolutionary progression for those who consider survival of the fittest to be the teleological force behind man’s advancement, then the character trait of persistence must be one such data entry.  It is certainly a personality pre-condition for the meanest, most hostile and unrelenting individuals and organizations across the spectrum.  Like the wild dog with the unbreakable jawbone, persistence is that trait where relenting is not an option, and where right or wrong is not the standard which guides or otherwise influences the decision-making process of an individual who embraces a course of action.

For Federal employees and U.S. Postal workers who are filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, it is important to recognize and identify one’s friends, enemies, and those stuck somewhere in the middle, whether because of indifference or apathy; as well as the worth of avenues to pursue, those best left to abandonment, and what reactionary efforts should be engaged.

Federal Disability Retirement itself is a long, arduous administrative process which will require insistence, persistence and an intractable quantity of good, old fashioned stubbornness.  The identified adversary, the U.S. Office of Personnel Management, as well as one’s own Federal agency and the U.S. Postal Service, are entities known for persistence already.  The Federal and Postal employee who takes on the Goliath of the Federal system, must be prepared to endure the persistence of the opponent.  This, despite the disadvantage of suffering from a medical condition, which is and continues to be the primary underlying basis of one’s Federal Disability Retirement claim, to begin with.

Federal Disability Retirement is a benefit which allows for one’s future to be secured, and it is certainly worth “waging the good fight“. Recognition of what one must encounter; the greater advantages of the “opponent” in the fight; and the unrelenting nature of the bureaucracy; these are all elements which should be recognized at the outset, and to acknowledge that in preparing, formulating and filing for Disability Retirement benefits through OPM, there is always an evolutionary and genetic advantage in embracing the character trait of persistence.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Reversal of Fortune

Life itself rarely reflects a steady, linear progression on a graph; the zig-zagging representing times of economic turmoil more accurately profiles a person’s span of existence.  Moreover, one’s career is not necessarily the essence or paradigm of a given life’s experience; there are multiple factors, including emotional, births and deaths, marriages and medical conditions.  How does one quantify an experience?

The methodology we seek is often purely in monetary parallelism:  if one receives pay raises and cash rewards, then one’s career is considered to be on an upward trajectory; if one gets a reduction in salary (with or without a concomitant demotion in position), then the loss of linear progression is deemed a failure of sorts.  But like marriages, and life itself, careers never merely reveal a positive path of progressive purity; ask Elizabeth Taylor, who skews every statistical analysis of marriages and divorces.  And then, of course, there is the interruptive influence of a medical condition.

For Federal employees and U.S. Postal workers, the daunting doldrums of a medical disability reveals many things not reflected on a graph of life:  the bother; the interruption of a career; the fear imposed; the dealings with coworkers; the reaction of the agency or Postal Service; the need for surgical and other procedures; a whole host of activities not previously contemplated.

For the Federal and Postal employee who finds that a medical condition begins to prevent one from performing one or more of the essential elements of one’s job, consideration then needs to be given for filing with the U.S. Office of Personnel Management, whether one is under FERS or CSRS, or CSRS Offset, of an effective Federal Disability Retirement application.

Yes, unfairness is a characteristic of life not reflected in the graph of microeconomics; yes, sometimes experience teaches us that the proverbial cards are stacked against us; and yes, reversals of fortune constitute a reality rarely taught in classroom social studies.  But as life’s experience is never accurately or fully represented by mere lines and numerical paradigms, so a biography of a historical figure can never be captured, as fortunes and reversals thereof can never embrace the complexity of human folly.

Sincerely,

Robert R. McGill, Esquire