OPM Disability Retirement: The Preemptive Argument

There is always the danger accompanying it — That the presupposition was unfounded and you may be pointing out a problem that the other side never thought of.  We are all aware of what assumptions can lead to, and so to make a preemptive argument is to enter into dangerous waters where unseen dangers may lurk.

How does one make the right decision as to whether to include the preemptive argument and how prominently should one make it?  Such a question presupposes a cost-benefits analysis — of first determining how likely the other side will recognize certain weaknesses in your position, then providing the preemptive counterpoint accordingly.

In preparing a Federal Disability Retirement application under FERS, whether at the initial Stage or at the responsive Reconsideration Stage of the process, the point of making a preemptive argument depends upon the purpose for which you are making it.

For, at the Initial Stage of the process, you should make such an argument in an understated manner, all the while emphasizing the overall strength of the case; whereas, in responding to an OPM Denial and providing a responsive legal memorandum, any preemptive argument should be made both as a response to OPM as well as a preemptive appeal to an Administrative Judge at the U.S. Merit Systems Protection Board (MSPB) — in other words, the elaboration of an anticipatory argument, presuming that OPM is likely to deny the case a second time, as well.

All preemptive arguments possess inherent dangers, but as OPM systematically engages in a shotgun-scattering approach in justifying its denial of a Federal Disability Retirement Application, it is likely that any preemptive argument is in little danger of bringing up any surprises which OPM hadn’t considered, anyway.

Consider contacting a FERS Attorney to prepare and formulate an effective Federal Disability Retirement application under FERS, especially when formulating a cogent argument of preemptive significance.

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.

 

Federal & Postal Disability Retirement: The Noise of Apparent Relevance

Noise is all around us.  The question too often unasked, is: Is the noise relevant, or of mere apparent relevance?

A newborn lacks the capacity to filter out noises.  The din of the world around hammers the fresh ears, and the cacophony is sometimes overwhelming.  Survival is often at the heart of being able to discern and decipher; to compartmentalize and differentiate; for, if you are lost in thought and a car warns with a loud honking, it is often a noise of relevance which should be heeded.

Radio and television news cycles depend upon making you believe that the next “breaking news” is of relevance; and advertisements which seem funny or tell an interesting story are meant to appear relevant, only to try and sell you a service or commodity which you neither need nor asked for.

We all want to be relevant.  Everyone else, in turn, wants to assert their relevance.  There is a need in the human heart to become, and then to remain, relevant in a world full of irrelevance.  Work and career often define what “relevance” even means, and for Federal and Postal employees who suffer from a medical condition, there is often a hollow, foreboding feeling that you are, or are becoming, irrelevant because you can no longer perform one or more of the essential elements of your job.

Federal Disability Retirement is a benefit which allows you to retire from the Federal government and then move on into the private sector in order to become productive — and relevant — in another way.  Distinguish between the noise of apparent relevance and the falsehood of alleged irrelevance, and consult with a Retirement Lawyer who specializes in Federal Disability Retirement Law, thereby putting an earplug into the noise of apparent relevance.

Sincerely,

Robert R. McGill
OPM Disability Attorney

 

OPM Disability Retirement Benefits: Of Life

It is too grand a concept to embrace.  It involves every aspect of the universe — of the past, present and future; of history and historicity; of the ancients, the cultural norms, the way in which we think, perceive, interpret and form opinions.  “Of life” — is a concept best left to philosophers and kings; of Shakespearean tragedies and the mini-tumults we face each day.

In former times, the dominance of grand philosophical schemes prevailed.  Now, we are left with the stunted leftovers — of problems in our families, our relationships, and wayward children who fail to take advice or wisdom from their elders.  Of life — it involves medical conditions, as well, as the body and mind are unable to withstand the stresses of daily living.

For Federal employees and U.S. Postal workers who suffer from a medical condition, and where one’s stage in his or her career is characterized by an inability to perform all of the essential elements of one’s positional duties, the options of life become clear: Contact an attorney who specializes in Federal Disability Retirement Law, and consider the options of life offered.

Sincerely,

Robert R. McGill, Lawyer

 

Federal & Postal Disability Retirement: The Dam Thumber

We are all that; we just don’t know it, and sometimes when a moment of joy or tidbit of happiness comes along, we forget our duties as the Dam Thumber and actually enjoy our lives.  The Dam Thumber’s job is to do just that — to stop the leaks by putting one’s thumbs into the holes which appear — and, of course, not just the thumbs, but every other finger which may be stretched in order to barricade against the open fissures which occur during the course of a lifetime.

Isn’t that how most of us view life?  Either too busy preventing disasters from occurring, or trying to repair and cover up the cracks and holes which seem to open up just when we are trying to sit down and relax for a moment.  We are far too busy to “smell the roses”, and by the time we actually have a moment to reflectively consider the beauty around us, our bodies begin to fail us and the fear of our own mortality overwhelms.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition begins to impact and prevent the performance of one or more of the essential elements of one’s Federal or Postal job, being a Dam Thumber becomes more of a full-time occupation.

If your quality of life is deteriorating because you don’t have enough thumbs to be an effective Dam Thumber, anymore, consult with an attorney who specializes in Federal Disability Retirement Law, and consider preparing, formulating and filing an effective Federal Disability Retirement application in order to relieve yourself of the primary duties of being a Dam Thumber, and instead to focus upon your health and well-being.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Arbitrary Denial

A denial from the U.S. Office of Personnel Management of a Federal Disability Retirement application is disappointing enough.  For, after waiting for countless and seemingly endless months, exhausting one’s resources and relying upon the reality of one’s medical conditions and limitations thereby imposed in persuading OPM to draw and infer the conclusion that the Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s Federal or Postal job, it is understandable how overwhelmingly dispiriting a denial can be.

Denials of a Federal Disability Retirement application often appear to be “arbitrary”.  Yes, there may be multiple paragraphs in a “Discussion” Section of the Denial Letter delineating a “reason”, but such explanatory posits are often non sequiturs where conclusions fail to follow upon selective extrapolations from medical reports submitted.

Clearly, “something” did not satisfy the reviewing “medical specialist” who came to the conclusion of a denial, and whether the Federal or Postal applicant believes that the denial is both unfounded and unjustified, it is an irrefutable fact that OPM possesses both the power and the authority to approve or deny a Federal Disability Retirement application, and whether a denial appears “arbitrary” or convincingly persuasive in delineating reasons for the denial, the process itself must be seen as an “adversarial” one.

Arbitrariness can only be countered by rational discourse, and the power to deny must be refuted by a reasoned rebuttal supported by convincing medical documentation.  Don’t fume over unfair, selective extrapolations that are intellectually disingenuous; instead, contact an attorney who specializes in Federal Disability Retirement Law and begin the process of countering the arbitrary denial by mapping out a reasoned rebuttal.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Workers: The image we hold

It often takes years, and sometimes never; the child that has grown up, lived independently for some time, and has asserted his or her separation and personality still remains a child in the mind of the parent.  The image we hold often far extends beyond the reality that has changed and circumstances have dictated; it is that which remains as the final vestige of what we yearn for, steadfastly refuse to surrender, and allow in our imagination to fester with the desires of fantasies left unrealized.

That is why loss of a parent from the perspective of the child is just as difficult as the loss of a child from the vantage point of a parent; each holds on to the image remaining, like Platonic Forms that transcend the ugly reality of the starkness in broad daylight.  From the child’s perspective, the image we hold is of the omnipotent parent — vibrant, bringing joy and security, always there to reassure.  From the parent’s viewpoint: of the innocence never tarnished, the first gurgle and smile, and that word that bonds the relationship forever and a day.  Yet, each grows; the parent, frail and into senility; the child, into adulthood and loss of innocence.

It is, however, the image we hold that remains, and is the last to exit despite the coffins of despair and the alterations of nature’s cruelty upon the wrinkles of time.

For the Federal employee and U.S. Postal worker who suffers from a medical condition such that the medical condition no longer allows the Federal or Postal worker to remain in the same job, career and agency of one’s chosen career, there comes a time when Federal Disability Retirement should be a consideration, and the image we hold of a long-lasting tenure as a Federal employee in a particular line of work must, by medical necessity, change.

The image we hold is a figment of one’s stubbornness to remain steadfastly upon a course of immortality; we all have to submit to the winds of change, and preparing, formulating and filing 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, is that very change that must go beyond the image we hold — of one’s self.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Reality and poetry

A woman sits on a park bench surrounded by the concrete giants of looming buildings and antiseptic structures overhanging and overshadowing all but the remnants of nature’s detritus, with the cooing pigeons that bob their heads back and forth as they meander about in the contrast between reality and poetry.

And she has a book in her hands.  It is a book of poetry.  Who the author is; what the verses metaphorically narrate; how the images impact the quiet reader; these are not so important as the oxymoron of life’s misgivings:  A city; the overwhelming coercion of modernity’s dominance and encroachment into nature’s receding and dying reserve; and what we hang on to is a book of poetry that reminds us that beauty is now relegated to printed pages of verses that attempt to remind of beauty now forever lost.

No, let us not romanticize the allegory of a past life never existent, such as Rousseau’s “state of nature” where man in a skimpy loincloth walks about communing with nature’s resolve; instead, the reality that man has lost any connection to his surroundings, and is now lost forever in the virtual world of smartphones, computers, Facebook, Instagram, Twitter and Texting.

The tactile experiences of our individual encounters with the objective world is now merely the touch of a screen, and feel of glass, metal and plastic, and the pigeons we feed with such joy and excitement from park-benches manufactured with recycled materials so that we can “feel good” about the environment that we have abandoned.  And so we are left with the reality of our lives, and the poetry that we always try and bring into it, if not merely to remind us that there is more to it all than work, weekends and fleeting thoughts of wayward moments.

For Federal employees and U.S. Postal workers who suffer from an additional reality – of a medical condition that impacts his or her life in significant ways – the third component is not a mere irrelevancy that complicates, but often becomes the focal point of joining both reality and poetry.  Medical conditions have the disturbing element of reminding us of priorities in life.  Reality, as we often experience it, is to merely live, make a living, survive and continue in the repetitive monotony of somehow reaching the proverbial “end” – retirement, nursing home, sickness and death.

Poetry is what allows for the suffering of reality to be manageable and somehow tolerable; it is not just a verse in a book or a line that rhymes, but the enjoyment of moments with loved ones and those times when everything else becomes “worthwhile” because of it.  But then, there is the complication of a medical condition – that which jolts us into wakefulness of a reality that makes it painful and unacceptable.  What is the road forth?

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition now makes even work at the Federal agency or Postal facility intolerable, preparing an effective Federal Disability Retirement application is at least a path to be considered.  It is a long, arduous and difficult road that must wind its way through the U.S. Office or Personnel Management, but the choices are limited, and surely, you never want to abandon the poetry of life, and be left with only the reality of the medical condition?

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Disability Retirement: Adrenal Fatigue

One need not be officially diagnosed with Addison’s Disease in order to incur the wrath and ravages of adrenal insufficiency.

Life’s multiplicity of compounding and complex stresses; exhaustion beyond merely feeling “run down” or otherwise out of synchronized balance from everyday feelings of adequacy; a sense of profound fatigue, where cognitive dysfunctions develop, and where symptoms of falling asleep at meetings, where the world appears at times to become a distant echo chamber and what others view as a normal pace appear in dizzying fashion of incomprehensible clatter of distractions; and where visual disturbances occur systematically as one attempts to view the computer screen and perform work which, in previous times, was merely mundane and monotonous, but now requires an effort beyond sheer force of will.

Does modernity and technological stress contribute to medical conditions which may have no name, and often defies pigeonholing because of the mysteries of the human body and psyche?  A broken arm is easy to identify, and normally just as correctable; a cervical or lumbar disc degeneration, perhaps a bit more complex, but often manageable; chronic pain, but for a parallelism between objective testing and pain points, sometimes an anomaly; psychiatric conditions, of greater mystery which has become too often a pharmacological corridor for treatment modalities; but where profound and intractable fatigue more often than not is beyond the capacity to be diagnosed.

However one characterizes it — of adrenal fatigue, insufficiency, chronic fatigue syndrome, or other designations of type; it is ultimately the reality of the daily toil and turmoil with which the patient must contend.  For Federal employees and U.S. Postal workers who experience such a state of physical and psychiatric condition, 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, may be the best and only alternative available.

In the end, adrenal fatigue may be more than an endocrine imbalance; there is often a complex component where multiple medical conditions ravage the body and mind, and as with so many issues in law and life, there is a vast chasm between having a medical condition, being properly treated for the condition, and proving one’s medical condition in law such that one can be found eligible for Federal & Postal Disability Retirement benefits through the U.S. Office of Personnel Management.

Fatigue, whether of the adrenal kind or of resulting impact from a lifetime of stresses, is a basis for Federal OPM Disability Retirement; attending to the condition should always be the first order of business; proving it, the second and subsequent thereafter.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Calculus of Change

The title itself is somewhat of a tautology, for the branch of mathematics is defined as a study of change, divided into differential calculus and integral calculus; both, concerning the function and limits of mathematical constancy and potential quantum leaps for purposes of analyzing quantitative future applications.

We all assume some amount of change; if there is a differential to be considered, the rate of such change can be significant over an extended period of time, whereas the initial analysis can be a minimal irrelevancy.  It is the exponential rate of change applied over a lengthy period, which can produce change significant enough to enter into the calculus of future indicators.

Change is a recognized inevitability, though human expectation is often one of dependency upon the constancy of habituation and permanence.  We expect, when we open a door into a familiar room, for the interior decoration to have remained the same as the last time we entered; but who is to say that a spouse or family member did not, in the meantime, rearrange the furniture or put up new curtains?

Change has an inherent character of disquietude; it is the constancy of repetitive permanence which allows for solitary reflection and comfort.

Thus, for Federal employees and U.S. Postal workers who are contemplating 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 disruption posed by the change in one’s circumstances — of fiscal, professional, social, cognitive and physical (i.e., the mere act of going to work each day, etc.) — can be tremendous and traumatic.

In preparing and formulating one’s Federal Disability Retirement application, it is always a positive engagement of efforts to consider the calculus of change, and to not leave the alterations in one’s life in dismissive form as mere statistical irrelevance.

For, in the end, the biggest change of all has already occurred, in the form of an impacting medical condition which has prevented the Federal or Postal worker from performing one or more of the essential elements of one’s positional duties in the Federal or Postal sector; the rest is mere window dressing to the very essence of a changed life.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Lawyer: Cartoons & Carnivals

In exclusively representing Federal employees and Postal workers to obtain Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the stories that are shared, the frustrations felt, and the tales left untold, collectively boggles the fragile mind.

Yes, by now, perhaps it is a truism that nothing under the sun can further be revealed that is of a surprising nature; but it is often just the sheer cumulative absurdity which, in their aggregate compendium of events, could only have occurred in cartoons and carnivals.  By contrast, there is the seriousness of the medical condition itself.

That is always the starting point, and the essence of why Federal and Postal workers contact an attorney who handles OPM Disability Retirements, based upon whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset.  Eligibility rules must first be met; then, the issue of entitlement must be proven by a preponderance of the evidence.

The comical relief and the sense of a carnival atmosphere, where cartoonish characters collide with the sobering reality of one’s medical condition and the potential end to one’s career in the Federal sector, arises inevitably through the actions of the agency, and their complete lack of empathy or concern.

Yes, agencies must continue to remain efficient; and yes, they must continue in their mission and course of work; but in the end, all we have left is family, community, values and vestiges of human interaction, and the littered graveyards of silent skeletons where marked graves and unmarked cemeteries speak not of efficiency, meanness and uncaring residues, but only where fresh flowers and wreathes of caring surround the frozen ground of time; yes, only in cartoons and at carnivals do people act with the absurdity of loss of humanity.

Sincerely,

Robert R. McGill, Esquire