FERS Disability: Formulating the Reconsideration Rebuttal

It is a frustrating process when the U.S. Office of Personnel Management (OPM) issues a denial and the Federal employee or Postal Service worker must respond effectively within a limited prescribed time.  OPM has all the time in the world to prepare the denial letter, and will often take as long as they want in preparing a lengthy denial letter.

Once received, the denied Federal applicant has 30 days from the date of the denial to “Request Reconsideration” and will be granted 30 additional days beyond the time requested in order to submit any legal response and additional documentary evidence in support of your case.  Then, within that prescribed time period, a response must be prepared and submitted.

It is this formulation of substantive responsiveness that will determine the future course of the next steps — whether a subsequent denial will require a further appeal to the U.S. Merit Systems Protection Board, or with approval of the application, the end of the bureaucratic process has occurred and the next frustrating phase of waiting for the payment department to begin issuing annuity payments will ensue.

As with all things with unlimited time on one’s hands, OPM will extract every word and phrase from doctor’s notes and office visits, take them out of context and interpret everything in favor of denial.

It is often an overwhelming process of a “shotgun approach” where OPM attempts to make it appear as though (A) You were ridiculous in even trying to file for Federal Disability Retirement benefits and/or (B) what you had submitted previously was entirely insufficient and need not even be considered any further.

The net effect of the denial letter is to leave you with the impression that you should forget about the whole thing and just give up.  Don’t be fooled by this tactic, because that is all that it is — a ploy to just convince you to give up.

Instead, break down OPM’s arguments into manageable categories, of which the two primary ones are: (1) lack of showing of a deficiency in performance, conduct, or attendance and/or (2) insufficient medical documentation.  Then, attempt to gather any further documentation to reinforce those weak links and argue how the caselaw or statute is met with the additional supportive documents.

One other reminder: So long as you have met the timeframe of requesting reconsideration  within that 30-day period, you have a chance at winning your case —so, make sure you file the request in a timely fashion.  And, furthermore, you may want to contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law to help you formulate an effective response.

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 Medical Disability Retirement: The Domino Theory

It was a theory adopted during the Cold War — embraced by those brilliant Harvard-educated policy wonks in the Kennedy Administration and beyond — believing that if one nation succumbed to the evils of communism, others would quickly fall like a perfectly aligned row of dominos.

A theory is perfectly fine to have; once applied in practice, however, it can have devastating consequences.  It was based upon such a theory that Vietnam was fought for — a backward country full of jungles and malaria, of which few Americans were even aware of its existence until thousands — then, tens of thousands — of young men began to die there.

Like other theories which once were embraced by intellectuals and “experts” whom everyone accepted as smarter than everyone else, such beliefs and those who once held them are now merely leftover vestiges of historical follies.  Once Vietnam fell, the rest of the world did not fall like the dominos they were supposed to represent.

We tend to forget that a theory is merely a thought put together in an antiseptic setting divorced from reality and, even if applied to the real world, may remain as nothing more than an academic exercise.  It may be nothing more than the “flat-earth theory”; one can believe in it, but it doesn’t make it true.

In other areas of life and practice, however, real-world consequences force people to actually respond in more practical ways.  There are “theories”, and then there are applications which have real-world consequences.  Vietnam was a prime example.  Having a theory that you are invincible and indestructible is one thing; walking in front of an oncoming bus to test such a theory — well, that is quite another matter.

For Federal employees and U.S. Postal workers who need to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management because of a medical condition, one may well have a “theory” that getting an OPM Disability Retirement is merely a matter of gathering one’s medical records and filling out those incomprehensible OPM Disability Standard Forms (SF 3107 Series and SF 3112 Series); but if you actually test out that theory, it is likely that you will end up with a denial from OPM.

Before testing out such a theory, however, you may want to contact a FERS Attorney who specializes in Federal Disability Retirement Law, lest your theory concerning the ease of getting a Federal or Postal Employee Disability annuity ends up like those other theories, like the Domino Theory of the forgotten past.

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 Benefits: The Self

You are walking along a sidewalk, perhaps near your home or where you work; suddenly, a voice is heard and you look up, and someone of vague familiarity is pointing to you and declares in a loud, ecstatic voice: “Jason! It’s you! I can’t believe it — after all of these years!”

It turns out to be an old acquaintance; a person from your childhood, perhaps; someone you had not seen or heard from in many years.  Yet, the identification by the pointing of a finger, the declarative statement of a recognition of “you”, in their aggregate, establishes an acknowledgment which rarely occurs: there exists a “self” which is separate, unique and apart from “others”.

Maybe you don’t even like the guy; maybe you barely remember him or her as an integral link in your past; and yet, that very same individual, forgotten and unknown just a moment before, pointed to you and validated your existence of “the self”.  Maybe you converse for a while, invite him to your home, strike up a renewed relationship, go out to have some coffee, etc.  Or, maybe you deny any familiarity and keep walking, thinking that it is the introduction to a scam, even though you were correctly identified by name, but maybe it was by sheer coincidence and the next line out of the guy’s mouth was to be: “Hey, I found this wallet and there’s a lot of cash in it.  Here’s what we need to do…”.

It is a rare moment when we become confronted with “the self”, because for most of every person’s life, “the self” is merely an entity which moves through society like an automaton by habit and convenience.  In those rare moments, however, there is often a time of reflection — of one’s goals; one’s future; one’s need for change.

For Federal employees and U.S. Postal workers who have come to that point of self-reflection upon the self, and who have concluded that a medical condition is no longer compatible with continuation in one’s career, contact a Federal Disability Attorney who specializes in Federal Disability Retirement benefits under FERS through the U.S. Office of Personnel Management.

It is often as a result of the hypothetical described above, or by an encounter with one’s deteriorating health, that “the self” is finally recognized, and with it, needed changes become apparent.

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.

 

OPM Disability Retirement under FERS: The Power-Mixer Approach

You’ve seen those ads for the Power-Mixer — those super lightning-speed mixers which can make a slurpee out of anything.  Arguments are often like that — of an admixture of law, woven with partial facts, sprinkled with authoritative declaratives, and voila!

One has a Denial from the U.S. Office of Personnel Management.  It looks powerful; it sounds ominous; it even quotes from your own medical records and reports (albeit, often out of context and without legal relevance).  It will even declare: “You have been denied Social Security Disability Income benefits by the Social Security Administration.”  One shivers, cowers and trembles with fright at the powerful Power-Mixer Approach.

Don’t buy it.  Don’t cower.  Don’t be intimidated.  Such an approach is meant to frighten, as all Power-Mixer approaches are formulated for that very purpose.

Instead, contact a Federal Disability Attorney who specializes in Federal Disability Retirement Law and begin to counter and rebut the Power-Mixer approach by getting fresh new ingredients for a systematic and more powerful legal argumentation of efficacy and legal relevance.

Sincerely,

Robert R. McGill, Lawyer

 

Medical Retirement for Federal Government Employees: Lying

It is a peculiarly human endeavor, not known to be prevalent — if in existence, at all — in other species of the animal kingdom.  Shakespeare references it often; criminal behavior is detected within the web of it; and in everyday life, half of the population in courtrooms across the world engage in it; or, is that fair?  Can it be that there are “differing perspectives” or “alternative truths” (the lexicon of modernity)?

For instance, when an eye witness to an event swears under penalty of perjury that “I saw X stab Y” when, in a closed-circuit video replay, it clearly shows that it was Y who stabbed X — is the “eye witness” lying?  Is being mistaken the same as lying?  Or is it good enough that the prefatory qualifier of “I saw” enough to justify the mistaken encapsulation of an event having occurred?

Does intention matter?  Does it make a difference if, prior to making the statement under oath, revenge was a factor in one’s motive?  What if the eye-witness said to her/himself prior to taking the stand, “I’ll get X back for being mean to me by testifying that he stabbed Y first before getting stabbed himself”?

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 often the case that — unfortunately — lying abounds when it comes to others in the agency filling out the Agency’s portion of a Federal Disability Retirement application.  Whether in stating that the Agency tried everything they could do in their power to “accommodate” a person — when the truth is, they did nothing and didn’t care to do anything — it is unfortunately a pervasive fact of life in the kingdom of man.

We are a species with a proclivity for lying, and the best we can do is to counter our own proclivities by trying to present the truth in as strong a light as possible.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Choices and Regrets

The two go hand-in-hand, although we may not necessarily see them as unalterable couplets forever ensconced and inseparable. Instead, we often make choices, then afterwards, express our regrets without having learned from the process of “choice-making”.

Choices available are often unanalyzed and nebulous; left to appear, remain inert and ignored; the “active” part of a “choice” is when we engage in the act of “choice-making” — of engaging our minds with an inactive but available “something” — a choice there, but lifeless until the activation of our choosing invigorates the inertia of indecision.

Regrets, on the other hand, are comprised by the dust of past choices made. Once settled, they remain in the hidden caverns of forgotten memories until, one day or hour, or moment of quietude when we have the time to reflect back, the unsettling of the dust collected is stirred and rises from the ashes, like the mythological Phoenix that appears with wings spread and ready for flight into our imagination and stabbing at the vulnerabilities of our inner soul.

We regret that which we have chosen; and like the past that haunts, such regrets are ever so painful when once we recall the choices available and the ones we made.

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 and position, the next steps taken — of choices being made in whether and how to file for Federal Disability Retirement benefits — are important in determining whether regrets will follow.

Consult with an attorney who specializes in Federal Disability Retirement Law, lest the choices to be made will result in regrets later recalled; for in the end, it is the choices that determine the future course of success, and not the regrets that harken back the past of lost opportunities.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement from the OPM: For better or for…

Do we consider what follows the ellipses when making such a vow?

In youth, when the days of summer are endless and the rainfalls are merely seen as sweetness in dancing folly, do we ever consider the meaning, the phrase, the serious connotation of the “worse”, or do we just focus upon the “better” as in, “This is good, tomorrow is better, and the day after will only get better than better”?

Perhaps it is a genetic advantage inherent for survival’s sake that youth never considers the dark side of the moon; for, to be young and innocent of thoughts forsaking a future yet to become is to move forward with bold forthrightness, and only the fittest would survive such folly of thoughtless advancement.

Would armies have defeated the odds if trepidation of thought were to dominate?  Would the genetic pool of the daring be muddled if not for the foolish stumbling into a future unknown?  What fool thinks about the “worse” when the “better” is right before your eyes?

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 thought of “worse” never came to mind until the medical condition first appeared, then remained, then worsened, then became a chronic condition like an uninvited guest who overstays the welcome of niceties left unstated.

Filing for OPM Disability Retirement benefits takes into account both perspectives of the vow that was once stated but never thought of: It is because of the “worse” but it is for the “better”.

The “worse” is the ongoing medical condition that has deteriorated such that it necessitates filing for Federal Disability Retirement benefits under FERS through the U.S. Office of Personnel Management; and the “better” is that, once your Federal Disability Retirement application is approved, you can focus upon your health, the tomorrow of a future yet uncertain, and the commitment to another vow left unstated: To take care of yourself.

Sincerely,

Robert R. McGill
OPM Disability Attorney

 

Filing for OPM Disability Retirement: Time wasted

It all depends upon one’s perspective, doesn’t it?  For some, watching television is time wasted; for others, reading a novel, and even within that subset of opinions and viewpoints, it often depends upon “what” you are reading before the hammer of judgement is struck: If a beach-time novel, then it is a waste of time; if a classic, then you are utilizing your time wisely.

But what if you are, in fact, sitting on the beach enjoying the lazy lapping of waves, and merely want to get lost in the fantasy of a junk novel — isn’t relaxation a good use of one’s time?  When does “constructive” relaxation turn into time wasted — i.e., laziness?  Is it when the bare necessities of life are no longer attended to?

Of that proverbial brother in-law or other distant relation who is whispered about, who barely holds on to a job, is found spending more time at the corner pub than attending to one’s kids, or the one who constantly oversleeps, overstays his welcome or overstates his woes — is it just a guy who likes to relax, or is he a lazy bum?

Is there a mathematical formula in determining when time is well spent doing nothing, or is wasted?   Sort of like: Time multiplied by the extent of bare necessities required divided by the extent of need, minus particular circumstances that must be taken into account factored by 3.

Can a lifetime be wasted, and if so, what would be the criteria to be applied or imposed?  A wealthy person might contend: We have about 60 years or so to make our fortunes, and if a person has not done so within that timeframe, it is a lifetime wasted.  Some others might counter with: Amassing wealth is not the sole criteria of a worthwhile life; the fostering of human relationships, of making someone else more comfortable, or of even granting a dog some happiness, is what makes this life a worthy one.

Does a medical condition bring about a differing perspective?  For the wealthy person who makes enemies throughout and angers almost everyone with his or her single-minded focus while disregarding the feelings of all else, but who suddenly is hit with deteriorating health — does time take on a different meaning?

For Federal employees and Postal Service workers who suffer from a health condition, where the health condition begins to prevent the Federal or Postal worker from carrying out one or more of the basic elements of one’s job — is time being wasted by the struggle itself?  Does it appear that everything is an uphill struggle: of juggling doctor’s appointments, work, family obligations, etc.?

Preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may not be the best solution of all, but it may be the most prudent one, as time is not a friend to be wasted when it comes to one’s health and future security.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation OPM Disability: Analogies and life

Life is lived by analogies.  It is how we understand, comprehend and make sense of a world in turmoil.  By identifying a resemblance between two or more particulars while perhaps remaining somewhat different in other aspects, we are able to relate things, understand them, comprehend the isolation of differentiation between X and Y and yet embrace those differences despite the lack of commonality in all other respects.

Without the tool and transporting impact of an analogy, most of the objective world would remain isolated, irrelevant and separated from the subjective coherence that we bring to the world.  Explanations and argumentation would often lack any comprehensible understanding; scientists would simply speak in technical languages that non-scientists (i.e., laymen like most of us) would fail to appreciate; and life would continually remain a series of isolated islands of conceptual conundrums that would be separated from civilization as a whole.

That is essentially why the administrative laws governing Federal Disability Retirement must by necessity be spoken of in analogic terms – precisely because, in order to make sense in the greater context of life, everything in particular can only be “explained” and “made sense of” through analogies that we can relate to.  Without relational contexts and reference points, life’s various complexities would remain in isolation from one another.

Thus, analogies, life and Federal Disability Retirement benefits all share a common perspective – that of human beings who suffer from a medical condition, such that the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal positional duties, and that a particular “condition” or life shares with all other conditions of life the reference points that we can all understand: Law, Complexity, Human suffering, Pain, The fear of change, The need for change; Confusion; Trauma; Medical conditions, etc.

Analogies allow for understanding; life, left in isolation, is confusing as it is, and even after a lifetime of trying to understand and simplify, still remains a mystery.

And for the Federal or Postal employee who is at a point in one’s career where a medical condition impacts the ability to continue in that career, the reference point that needs to be kept in mind is that there are lawyers who specialize in getting Federal Disability Retirement benefits through the U.S. Office of Personnel Management, and we are here to help.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: Left to our own devices

This is a world where loneliness prevails.  Despite all of the “connectivity” that is bandied about, the fact is that the suffering of human relationships has been on the rise since the industrial revolution, and perhaps even before that.

The proverbial term itself has taken on a double meaning (for those who are comfortable with a more sophisticated linguistic and grammatical ascription, that would be a “double entendre”) – not only in the traditional sense of the phrase as encapsulating the abandonment to make our own way in the world, but in the sense of modern technological overload, of the very pragmatic sense that each of us are surrounded by the electronic contraptions we have embraced in pursuance of connection and social constructs that have resulted in a foreboding sense of growing isolation and angst at the loss of a human touch.

It is that loss of tactile warmth – of holding hands in a movie theater, picking up on the subtleties of facial expressions and looks; of being able to read the soul’s essence through intonations and the mystery of sense impressions.  We are all, in the end, left to our own devices, and more so in this universe of appearances and medium of messaging through words and abbreviations of words where illiteracy parallels the self-delusion of relationships created, maintained and transmitted by light’s illumination.

As Philosophy lost its pinnacle of wonder and incessant questioning when the pragmatic successes of science overshadowed queries perennially posited but never resolved, and as British Empiricism relegated all problems to mere linguistic wastelands where the tinkering of word-orders resolved long-held philosophical conundrums as mere confusion over grammatical misunderstandings and incomprehensible definitional mishaps (as only the British could so arrogantly decide for us how we should speak our language – although, oops!  — the greatest culprit was not English at all but that Vienna-born rabble-rouser, Wittgenstein); so we have now come full circle and find ourselves lost in a paradise of our own seclusion, like the image of the Cave in Plato’s Republic, where we see only shadows, only our own devices, and forever isolated within the illuminated tablets of devices made in foreign parts unknown.

That is the same sense that Federal employees and U.S. Postal workers feel when they are hit with a medical condition that cuts short one’s Federal or Postal career.  Isolation, being left to one’s own devices (in both senses of the phrase – of having no help from one’s own agency and presented with a number of puzzling and confusing forms to fill out), and like the boat up the proverbial river with no paddle, a reduced chance of success with the behemoth of all agencies, the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Fortunately, however, there are “repair-shops” and refund policies for devices which don’t quite work; and the first step is to consult with a disability retirement lawyer who specializes in doing FERS & CSRS law.  Left to our own devices, we are bound to come up short with inadequate answers; for, in the end, it is the devices which we use, in the proper and most effective way, that makes the difference in an otherwise mad, mad world.

Sincerely,

Robert R. McGill, Esquire
Postal & Federal Disability Retirement Lawyer