OPM Disability Retirement under FERS: Disintegration

It is the negation of integration — the idea of coming together and connecting the various disparate parts of uncommon elements and coalescing into a coherent whole and working together in cooperative combinations of cogent communities, and the negation of it results in a dramatic crumbling where the adhesive which held together the various parts begins to unravel at the seams and break off into independent and isolated components.

It can happen over time, in incremental and progressive ways, or suddenly by a tragic event.  To witness the former is to observe society in a downward spiral, as in Western Civilization’s current state of affairs.  The statistical evidence is irrefutable; and the trend of self-absorption undeniable.  How far the disintegration will take us, only time will tell.

Regardless of the macrocosmic scale of disintegration, which we can readily sidestep and attempt to ignore, it is when individual lives begin to experience the phenomena (i.e., on the microcosmic scale) that we begin to comprehend the full meaning of the concept.  It often begins with an unexpected event — like a medical condition that suddenly turns into a crisis. Such an event can turn one’s universe upside down.

It will test the strength and viability of the adhesives which you have relied upon and constructed throughout your life — of friends and family, the lifetime you have built, the community you sought out, and many other components, besides.  Will your family rally around you and give you the necessary support, or will they abandon you and forget the reserve of goodwill you compiled?

Your true friends and loved ones will be revealed during the difficult trials ahead, and the bifurcation separating mere words from action will become readily evident.

For Federal employees and U.S. Postal workers who suffer from an injury or chronic condition  that prevents the Federal or Postal employee from performing all of the essential elements of their Federal or Postal job and must consider preparing, formulating, and filing an effective Federal Disability Retirement application under FERS laws with the U.S. Office of Personnel Management (OPM), you have the further advantage of the benefit of FERS Federal Disability Retirement when the crisis of disintegration occurs as a result of a medical condition.

However, as OPM is not a part of that “integrated community of support”, you may want to contact an OPM Disability Retirement Attorney who specializes in OPM Medical Retirement Law before proceeding.

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.

 

Responding to an OPM Disability Denial: The Mixed Case

Of course, it can be readily argued that every case is a “mixed” one — meaning thereby that the disability case itself cannot ever be merely based upon interpreting the facts presented (or, in the case specifically of a Federal or Postal Disability Retirement claim, interpreting the medical documentation), but necessarily includes case law and statutory criteria beyond the facts of the case.

That being so, it is all the more relevant to recognize that in a Federal Employee Disability Retirement case, mere recitation of the medical documentation does not resolve any differences of analysis.  OPM systematically either fails to recognize the applicable laws in denying the Federal or Postal employee’s application for Federal Disability Retirement, or acts as if they are an autocratic bureaucracy unrestricted and uninhibited by any statutory or judicial mandate of the governing laws.

The fact is that every Federal or Postal Disability Retirement case is a mixed case where the precedents of prior similar cases have rendered legal decisions impacting upon specific issues inherent in every disability retirement application, and the core disputes which arise rarely focus upon the medical documentation, but more often upon the legal interpretation arising from the application of the relevant laws upon the medical documentation.

That is why the U.S. Office of Personnel Management (OPM) is so often wrong in their initial determination in denying a Federal Disability Retirement application — because the “medical specialists” at OPM are not lawyers and therefore are not conversant in the relevance and impact of the ever-growing body of laws governing Federal Disability Retirement.

That being said, in responding to a denial of a Federal or Postal Disability Retirement claim by the U.S. Office of Personnel Management, it is important to always respond with the force of the law and to continually remind OPM that their failure to approve your case is not merely a difference of analytical opinion, but is a clear and blatant violation of the applicable laws governing the issues concerning your Federal Disability Retirement application.

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 Retirement: Indicators and the Berkeley Problem

Are other people’s private thoughts different from ours?  Or, is “existence” defined as Berkeley attempted to clarify it?

George Berkeley, Bishop of Cloyne, was a brilliant 18th Century Metaphysician who effectively criticized Descartes, Malebranche, Locke and others; and, although he is often considered a “second-tier” philosopher, was logically sound in his defense of Idealism.

His famous precept — Esse est percipi (“To be is to be perceived”) — is often simplistically attacked by arguing thus: “So, what you are saying is that, once I leave the room, the room I left no longer exists because I am not perceiving it, anymore.”  No, not quite; no more than a person’s thoughts no longer exist once the conversation ends.

Berkeley’s conception of “existence” encompasses not only the worlds we directly perceive, but also the ones which we have perceived and can potentially perceive.  And his philosophical approach is more relevant today than ever before, as we insulate ourselves on computers and Smart phones, where “reality” is almost entirely encompassed by the confined universe of the surreal and virtual meta-universe of the Internet.

For many Federal employees and U.S. Postal Service workers who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management under FERS, the indicators and the Berkeley Problem persist: For many, whether psychiatric conditions or chronic pain, the “reality” of such medical conditions are “subjective” — meaning, they do not exist because they cannot be perceived.

But “perception” encompasses the conceptual arena of “feelings”, as well, and while OPM may attempt to dismiss your claims for Federal Disability Retirement benefits, they are clearly unaware that this attorney — the one writing this blog piece — wrote his Masters’ Thesis on the Berkeley problem — and is well aware of how to counter OPM’s lame arguments.

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 Help: The Unraveling

It is similar, yet quite distinct, from the concept of “unwrapping”, or even of “finding”, “revealing”, of “unearthing”.  For, the other words describe an indication of voluntariness — of a third-party agent (or even of the first-person pronoun) engaging in an act of deliberative steps toward an appearance of something.

But that other term — the word which is today’s focus — has a frightening aspect of loss of control, inability to contain, a lack of freedom or choice, and even implying a frailty of crumbling, catastrophic consequences.  When there is a societal unraveling — or even a personal one — there is an underlying sense that the constraints, borders, fences and outer membranes which once restrained and held together the entity contemplated, are now disintegrating.

The term, “bursting at the seams” or “cracks in the foundation” and similar metaphors, are all appropriate when using the term, “unraveling”.

Sometimes, it seems that society as a whole is unraveling.  But societies don’t unravel unless there is an aggregation of personal unravelings, where the cumulative effects of many such individual unravelings result in the further metaphor of “the whole is greater than the sum of its parts” phenomenon, in a negative, reversing manner.

Unraveling, of course, is what sells newspapers and online stories; the trading of bad news is always scintillating for the prurient needs we all ascribe to; and the antidote to such a sense of unraveling is to take a walk through your own neighborhood, where it is likely that things still likely appear “normal” and “together”.

For Federal employees and U.S. Postal workers who are experiencing a personal sense of unraveling because of a chronic medical condition which impacts one’s ability and capacity to perform the essential elements of one’s Federal or Postal Service job, the solution may be to file for FERS Disability Retirement benefits through the U.S. Office of Personnel Management.

Preparing an effective Federal OPM Disability Retirement application under the Federal Employees Retirement System (FERS) is tantamount to taking that “walk” through one’s own neighborhood, to get away from the greater sense of unraveling.  For, whether society as a whole is unraveling, or you next door neighbor’s life appears to be boring and normal, you may want to contact a FERS attorney who specializes in Federal Disability Retirement Law, and begin the process of preparing, formulating and filing an effective Federal or Postal Disability Retirement Application.

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: Belonging

Do any of us, anymore?  When a question is posed, the fact that the posing of the question even occurs, presents an underlying and exposed problem: For, what historical background occurred which prompted the question to be posed in the first place?  When first the credibility of the priest was questioned, was there not a deeper problem which needed to be addressed, to begin with?

There was a time, now forgotten, now repressed in the ages long passed, when the question of belonging never appeared.  One was born in the village of ancestors; the future was encapsulated within the community one grew up in; one’s identity was a part of the greater character of the community; the future was always ensconced within the family, the neighborhood, the town, etc.

There was never a question of belonging; for, to not belong was relegated to those outsiders from elsewhere.  Belonging was a given.  The silence before the question was the norm which everyone understood; and understanding was always passive, without the active question which shakes the foundation of belonging itself.

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 question of “belonging” is a fearful one.  For, the superficiality of the concept with the Federal Agency is well-known: You “belong” only so long as you can contribute a measure of efficient service.

This notion of being a “valuable” employee is based only upon what you did today, and runs no deeper than yesterday’s performance ratings.  Why else would you try and hide your medical condition?

Contact a disability lawyer who specializes in Federal Disability Retirement Law, and consider that the depth of belonging with a Federal Agency or the Postal Service is only as deep as what you did yesterday for them, and once they find out that you will no longer be a member of “the team”, chances are, your “belonging” will be a mere vestige of longing long passed.

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 Application: Dignity

What is it?  Is it something bestowed upon others, or that which is possessed by oneself?  Is it earned, or naturally and inherently born with?  Is there anything we must do in order to retain it, or will it always remain regardless of our action, inaction or irreverence towards it?

Is dignity a natural state of being, or is it like a cloak — the outer covering of ourselves, somewhat like the skin we live in — which can be lost over a period of misuse, abuse or neglect?  Can we apportion it, give part to someone else, have too much of it, or can it even be quantified?  Do we, in modernity, even care about preserving it, or do we just barrel through life nowadays without a care in the world?

What does it even mean, anymore, to say of someone, “He/she is a very dignified person”?  Or: “She carries herself with great dignity.”

Concepts and meanings change over time; read a play by Shakespeare without an “updated” modernization of the language used, and you will be constantly reading the footnotes to even understand the dialogue of that time.  Over time, the meaning of words evolve; “dignity” is a word rarely used in modernity, as the public display of countless indignities are exponentially multiplied on social media, where that lost concept is likely unrecoverable.

For Federal employees and Postal workers who suffer from a medical condition such that the medical condition prevents the Federal employee from performing one or more of the essential elements of one’s Federal or Postal job, maintaining one’s dignity in the face of a progressively debilitating medical condition is often fraught with futility.

Contact a Federal attorney who specializes in Federal Disability Retirement Law and see whether or not preparing, formulating and filing an effective Federal or Postal Disability Retirement application under FERS, to be submitted to the U.S. Office of Personnel Management, may extend that age-old concept of both a dignified exit, as well as a future filled with an intact semblance of dignity defined.

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 Application: Appropriateness

Wives insist upon it; youth ignore it; the old display it without thought because that is the way they were brought up.

Often, people don’t even know that there is such a thing as “appropriateness”, thinking in this age of modernity that anything and everything is acceptable.  It used to be that foul language was appropriate only in bars and Sunday get-togethers for football games; nowadays, we think its cute when a toddler emits long dissertations of 4-letter words like a dog vomiting following a feast of eating leftover scraps from the garbage bin.

If you say to your spouse, “I put the scissors away,” the appropriate response to expect might be, “Thank you”, or even, “Where?”  But as spouses always confound, instead, the question might be, “When did you put it away?”  Now, the excitement of marriage is that one’s spouse should always keep you on your toes, and the inappropriateness of the question is only a reflection of that, so long as the context is misunderstood.  For, the question, “When did you put it away” is a puzzling one, and mystery is the foundation of excitement when it comes to a marriage.

However, if you query back with: “Why did you ask that, as opposed to the appropriate counter-question, ‘Where did you put it away?’”  And the answer back: “Because I looked for it an hour ago and it wasn’t there.”  Context is important in appropriateness.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that a Federal Disability Retirement application under FERS must be filed by necessity through the U.S. Office of Personnel Management, appropriateness is a factor which always must be considered — the appropriate tone to convey; the appropriate case-laws to cite; the appropriate arguments to make, etc.  For, the cousin of appropriateness is “effectiveness”, and that is the goal to focus upon, unlike the spouse who asks the mysterious question of “when” as opposed to “where”.

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 Application: Pablums

There are many; and when they come our way, they tend to slip from our grasp, like a newly-caught fish squirming out of our reach, wriggling away despite the meatiness of its substantive bulk. “Oh, everything will turn out fine”; “There is always a pot of gold at the end of…”; “When the going get’s tough, the…”.

Are such statements of pablum ever helpful?  Or, are they mere vestiges from when we were children, when our parents couldn’t think of anything to say, but wanted to provide some sort of parental encouragement and thus would fall back upon such universal statements of monotonous platitudes?

How about this one: “There is always a pathway forward”?  Is that what Lewis and Clark said to themselves when, during the course of their expedition through uncharted wilderness, they were cold, starving and likely to die?  Is it a pablum, but one which has enough remnants of truth encapsulated that some trail of relevance can be gleaned?

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, there is indeed a pathway forward — of preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management under FERS.

Contact a Federal Attorney who specializes in Federal Disability Retirement Law, and formulate a strategy of a path forward, regardless of the pablum which such a thought may entail.

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.

 

Attorney Representation for Denied OPM Disability Claims: The Appearance of Substance

It is like a Jonathan Franzen novel (apologies to those who are fans of his), as opposed to a Hemingway masterpiece (is the bias too obvious by merely connecting “novel” to the first writer as opposed to “masterpiece” to the second?).  The fluff is fairly obvious.  Pages after pages of meandering nothingness, wondering where the story is going, what the plot is, why it is that one is trying to make one’s way through a long and meaningless road?

The appearance of substance is always a problem.  How does one gauge it?  It is like the old adage of throwing away good money after bad — after a long investment of time in trying to read it, you hate to give up before you get to the end.

OPM denials in a FERS Disability Retirement case often “feels” like that — of long extrapolated regurgitations from medical records, then at the end, a mere statement: “It has not been shown that you suffer from a medical condition which prevents you from performing the essential elements of your position”.

So, either one of two things is going on:  Either the previously-quoted extrapolations self-evidently speak form themselves, or the OPM Medical Specialist simply wants an appearance of substance without having to explain or discuss the relevance of the extrapolated paragraphs.  Volume is not the same as substance; just compare a balloon as opposed to a boulder sitting atop a mountain in Colorado.

For Federal employees and U.S. Postal workers who have received a denial from the U.S. Office of Personnel Management for his or her Federal Disability Retirement application, contact an OPM Medical Retirement Attorney who specializes in Federal Disability Retirement Law, and consider that the appearance of substance is no substitute for a substantive legal rebuttal.

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 Employees Retirement System (FERS) Disability Retirement: Myth of the Unbiased

The “uninterested” or “unbiased” party — does such an entity even exist?  In parochial terms, it is to say that “X has no skin in the game” — meaning thereby that an individual has no preference, no “money placed as a bet” on either team; has never expressed any weighted opinion as to one or the other — in other words, he or she is an “unbiased” participant.

But there are other factors beyond whether or not a person expresses a preference, are there not?  Of an irrational dislike of one over the other; of a self-interested desire to “win” by picking one over the other; or perhaps of simply being bored and wanting to be a contrarian by choosing one over the other.

Thus, in a Federal Disability Retirement application before a “medical specialist” at the U.S. Office of Personnel Management, to identify an OPM reviewer as someone who is unbiased or uninterested, is to miss the point.  Yes, allegedly, OPM is supposed to be unbiased and uninterested, and merely apply the law and review a Federal Disability Retirement case in an objective manner.

The reality is quite different, however, because of the complexity of the human psyche involving motives, unstated intentions and deep-seated psychological needs.  What can be done about it?  Nothing, really — other than to point out the errors, the lack of logic, and apply the law — and counter any denial or preempt a denial by submitting a legal memorandum which is truly unbiased.

Contact a disability attorney who specializes in Federal Disability Retirement Law, and maintain a semblance of objectivity in order to enhance your chances of winning your Federal Disability Retirement benefits 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.