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.

 

Federal and Postal Employee Disability Retirement Law: At Its Worst

We can all be at our best — so long as we are never tested.  We can talk, and talk some more, about what we “would have done” had we been in such-and-such situation.  And since we relegate our military to men and women who are the economically-disadvantaged — instead of a draft which would impact all sectors of society — we can talk endlessly about what we “would have done” if we were in this situation or that.

We can say we will never do X — until we are actually confronted with the circumstances which constitute X; and a person can give a vow, have children based upon that vow, and years later renounce the vow without blinking an eye.  “Well, we drifted apart”; “The circumstances changed”; “He/she didn’t want to be married anymore” — and on and on.  But what about the vow?  Silence.

The test of virtue is not mere words; rather, it is the actions which result from actual circumstances encountered.

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 or Postal job, you may have seen your Agency or the Postal Service at its best — because nothing has tested its response to what you are going through.

Unfortunately, experience has taught that Federal Agencies and the Postal Service reveal their true character when confronted with an issue at its worst — such as treating an individual who needs to file for Federal Disability Retirement benefits under FERS.

Don’t be foolish and assume your Agency or the Postal Facility will respond and treat you the same as when things were going smoothly and everyone was at their best, for such is not the test of character; it is when things are at its worst when the true test is applied.

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 Employee Disability Retirement: Serendipity

It is a chance or accidental event which turns out to be a momentous, joyful one; and while its occurrence may have been unexpected, it is not unwelcome after the event takes place or reveals itself, precisely because of the joy it brings.  Thus does a serendipitous event surprise us; for, one’s daily experience is that the opposite is true: chance occurrences, accidental events and unexpected moments normally result in negative consequences we want to avoid.

A sudden windfall; an unexpected visit from an old and dear friend; a surprise party held by everyone you actually like; these are all serendipitous events; but of their opposite, we come to expect: bad news about our kids; friends who disappoint; a career that doesn’t turn out to be what it promised; a life that didn’t fulfill the potentiality which others had expected.

So, is it the expectations left unfulfilled or the accidental nature of an occurrence which makes the difference?  For the former — how does one come to assess and judge expectations, of others or from ourselves?  Were they realistic, within reachable goals and planned with achievable milestones?  As to the latter — is it because of the “surprise” nature of a serendipitous event in combination with the joyous outcome that makes it “special”?  For, if it was accidental, but nevertheless expected, would it detract from the momentousness of the event?

Life is full of mundaneness and repetitive monotony, and a serendipitous event is something to hold with special smiles and hearty laughters precisely because of their accidental and unexpected natures; for, its very opposite — of a calamity which may also be accidental or unexpected — occurs often enough.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition turns into the opposite of a serendipitous event by preventing the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management should be carefully considered.

It is a long and complex administrative process, with many and varied bureaucratic pitfalls.  But in the end, when an approval from OPM is obtained, it may be declared a moment of serendipity — of that rare exception to the general rule of life, where misgivings are plentiful and momentous ones a rarity.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement under FERS & CSRS: DDD

It is what Moynihan said so many years ago, of constantly reinterpreting normative constructs such that the subtle, insidious reduction of acceptance allows for normalization of that which was rejected and repugnant just a few years before, a generation ago, or never at all.  Or, it may refer to a medical condition of the spine – of the condition identified as “degenerative disc disease”; but in either case, the acronym used as a convenient route for linguistic economy has some similarities involved.

For, in both cases, DDD allows for the slow and steady deterioration of a process – the former, of a cultural rot and standards once ensconced firmly in the very fabric of society; the latter, of a slow process of debilitating “eating away” that reveals a condition progressive over time, decaying by crumbling of bone, cartilage and repetitive overuse traversing time’s despondency due to labor’s unnatural pose.  Or, one can just make it up and ascribe it to a tripartite conceptual compound; for instance, “dual deficit denominations” or “dark, dim and dumb”, or other such consternations of linguistic accolades.

In any event, it is the original of the two that seems to share a common ground of meaning; for, in both, it is the essence of a slow process of change; one, cultural in nature, of an acceptance of lesser standards whether by willful determination or accidental submission; the other, the debilitating disease that – over time and resulting from old age – progressively worsens.  One could simplify the concepts by dismissing the first as “cognitive” and the other as “physical”.

In either case, for Federal employees and U.S. Postal workers who suffer from a medical conditions, such that the medical condition impacts the Federal or Postal worker’s ability and capacity to continue in the same position and compels one to consider filing for Federal Disability Retirement, both concepts can apply.

For, an expansive and liberal interpretation of Moynihan’s argument is similar to the Federal or Postal employee’s acceptance of the lower standard both in terms of his or her quality of life, as well as in seeing the adversarial nature of the Federal agency or the Postal facility as “normal” in the treatment of its employees.  And, as to the “other” definition of DDD – of the chronic neck or back pain – whether in a sedentary job or a very physical one, the high distractibility of pain that impacts upon one’s capacity and ability to safely focus, concentrate and attend to the job itself is often a qualification for Federal Disability Retirement benefits.

Thus, the acronym itself – whether for “defining deviancy down” or as “degenerative disc disease” – can fit the proverbial bill in considering the option of Federal Disability Retirement benefits, submitted through another acronym of sorts – OPM – otherwise known as the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Superiority in light of misfortune

Why is it that we delight in the misfortune of others?  Is it a perversity of defective character, like a genetic malformation of deviancy magnified by exponential proportions within the essence of man?  Or, is it that, by comparative analysis and contrasting the parallel states of being, we can elevate our own estimation of worth by pointing to the relative denigration of our neighbor?

Certainly, we proffer the words of appropriate opprobrium; “I feel badly for X”; “I get no joy out of hearing that,” and similarly innocuous statements of hypocritical emptiness.  But we liken the principle of action/reaction, downward trend/upward spectrum, and similar opposites to reflect the superiority of our own circumstances.  “Here by the grace of…”  Is that why the “herd mentality” and the predatory instinct of running with a pack of wild dogs from whence it arises?

For Federal employees and U.S. Postal workers who suffer the indignation and daily harassment at the hands of agency coworkers, Managers, Supervisors, and those who were once considered “workplace associates”, and further fine-tuned and magnified in the hostile milieu of the Postal Service, the daily encounter with pure meanness and focused unpleasantries is experienced pervasively by the Federal and Postal employee who suffers from a medical condition, such that the medical condition begins to prevent the Federal and Postal employee from performing the essential elements of one’s positional duties.

Why, when the medical condition itself should empower one with greater empathy, a higher reception of closeness and affinity, does the very opposite phenomena take place?  The superiority of others in light of one’s misfortune speaks ill of the human essence.

That is why, in the end, 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, is an important step to take for the Federal or Postal employee, precisely because it allows for a “new beginning“, a “step forward”, and all of the cliched foundations in order to escape the greatest delusional cliche of all:  Superiority in light of another’s misfortune, when in fact nothing has changed, either for the one who feels better, nor for the other who suffers, except that the perversity of man is merely reinforced with a deserved reputation for cruelty.

Sincerely,

Robert R. McGill, Esquire

 

OPM Accepted Disabling Conditions: Suicidal Ideations

It is perhaps the final vestige of societal taboo; for, at what point the human animal realized that self-destruction became an option is open for debate.  In the Animal Kingdom, it is rare to find species openly seeking to end life; the struggle to survive and the Darwinian inherency for self-preservation and survival remains as vibrant as ever.

Being diagnosed with “suicidal ideation” is normally associated with psychiatric conditions of Major Depression and Generalized Anxiety, where the acceptable level of stress-tolerance exceeds the capacity to withstand.  Each individual is a unique creature; in this cookie-cutting mold of society where people get lost in the importance of position, fame, accolades and a false sense of admiration, it becomes commonplace to question one’s sense of worth and value.

Psychiatry has never been a perfect science; some even question the validity of its approach, as it has now become overwhelmingly a pharmacological event, with some semblance of therapeutic intervention thrown in as an afterthought.

For Federal employees and U.S. Postal Service 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 even CSRS Offset, the existence of suicidal ideations (or otherwise simply known as “having suicidal thoughts”) is often lost in the compendium of diagnosed psychiatric conditions, including Post Traumatic Stress Disorder (PTSD), where a significant event has intervened which has resulted in traumatic reverberations in one’s life; Anxiety (or more officially identified as Generalized Anxiety Disorder); Major Depression; Bipolar Disorder, with spectrum symptoms of manic phases and depressive states; as well as schizophrenia and paranoia.

For relevance to filing for Federal Disability Retirement benefits through OPM, the existence of suicidal ideations is often one more indicia of the seriousness of the diagnosed psychiatric conditions, but should never be determinative in whether one’s psychiatric condition is “serious enough” in order to be eligible for Federal Disability Retirement benefits.  Indeed, there are many, many Federal and Postal employees who file for OPM Disability Retirement benefits, who suffer from Major Depression, Anxiety, PTSD and other forms of psychiatric conditions, without ever suffering from suicidal ideations, and yet are fully qualified for, and become entitled to, Federal Disability Retirement benefits.

Further, as Federal Disability Retirement is based upon the algorithm of showing the nexus between one’s medical condition and the positional requirements of one’s Federal or Postal job, the impeding aspect of suicidal ideations may be negligible.  Rather, from a medical standpoint, it is one more factor of concern and consternation within a long list of diagnoses and symptoms which cumulatively form the basis for an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The distance marker

Highways have them; sports arenas and fields are littered with their recognizable placements; and runners rely upon them.  On highways, they are often coordinated with exits upcoming, but most drivers fail to recognize their relevance, and rarely take note of them.

What most people don’t understand, comprehend, and fail to appreciate, is that their importance is not merely about the distance still left to go, but how far one has already traveled.  The former is often tied intimately to the struggles one foresees extending into the future; the latter, forgetful or forgettable, as life’s accolades are rarely declared, and seldom trumpeted.

Thus, when a career is cut short, or a change in the course of a person’s life is necessitated by unforeseen circumstances, the internal agony and angst of life is always focused upon how much further we must go, as opposed to taking a breath and appreciating what distances we have already traversed.  Perhaps that is for the best; for, if pause were to become a pattern of petulance, progress would never be permeated.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition impedes, prevents, or otherwise interferes with the performance of the essential elements of one’s Federal or Postal positional duties in the Federal agency or the U.S. Postal Service, the thoughts are always projected towards the future, and should be, as that is a “good” thing.

Too much reflection upon past accomplishments rarely does one good; and, in any event, the Federal agency certainly doesn’t care (don’t hold your breath for an anticipated office party recognizing your accomplishments and contributions), and except for some modicum of acknowledgements in performance reviews, will not give any leeway for future considerations based upon past successes achieved.

Perhaps that is why distance markers are ignored, except by those who have a purposeful drive in reaching a designated destination.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where 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 or CSRS, or even CSRS Offset, becomes a necessity and a choice for the future, the distance marker to recognize is the attaining of that Disability Retirement annuity — and beyond, where life can be lived after Federal Employment.

And of the distance already traversed?  Reflection upon past successes can be the foundation for future endeavors; mark them, and even remember their placement and location; but never pause longer than half a breath, before moving on to the coordinated exit recognized as the effective preparation, formulating and filing of a Federal Disability Retirement application, lest not only the distance marker passes you by, but you miss the coordinated exit, as well.

Sincerely,

Robert R. McGill, Esquire