OPM Disability Retirement under FERS: Empathy and Pain

“I feel your pain” has become a declaration of empathetic character in modernity; but whether born of sincerity or from political expediency, one can never know, precisely because empathy as a subjective phenomena is just as elusive as pain itself remains.

How does one assess or judge, evaluate or analyze, confirm or conclude with any amount of certainty, the extent, severity, reality or even of simple existence of that which is subjective by definition?

Pain, like one’s motive, falls within the realm of a person’s own experiential declaration, and is confined by the boundaries of one’s own body and universe of phenomena within the voices of one’s inner conscience and consciousness.

That is why the U.S. Department of Labor, Office of Workers Compensation (OWCP) expends its resources in verifying a claimant’s assertion of pain, limitation of physical activities and restrictions from certain duties, by video-taping hours and hours of a person’s daily activities and recreational engagements — to see whether the subjective claims correspond with the objective participation of external performances.

Why doesn’t the U.S. Office of Personnel Management, for purposes of verifying a disability retirement claim, engage in similar tactics in determining — not “empathy” or the sincerity thereof, and not even necessarily the pain claimed — the extent and severity of medical conditions claimed?

Likely, because the standard and criteria in determining eligibility for the benefits are quite different.

For OWCP purposes, while it is not a retirement system but a means of compensating an injured individual in order to have the ultimate goal of returning him or her back to work, the standard of paying a Federal or Postal worker “temporary total disability” would clearly imply two (2) things.

First, as already stated, that the compensation to be provided is “temporary” (i.e., that it is not meant to remain a permanent feature of earned wage replacement) and Secondly, that a person’s incapacitation is “total” in that he or she is not able to engage in other meaningful employment and, furthermore, that the totality of the disability likely also impacts other areas of his or her life, as well — i.e., leisure activities, recreational participation, or even being able to take out the garbage (a familiar tactic of video-taping in DOL cases).

In a Federal Disability Retirement case, however, under the auspices of the U.S. Office of Personnel Management, a person who is receiving a Federal Disability Retirement annuity is allowed to also work at another job, so long as it is identifiably distinguishable from the former Federal or Postal job from which the FERS Disability Retirement benefits are received, and so long as one remain’s under the “80% rule” that caps one’s earning potential.

Empathy aside, the pain that limits and restricts is often under a cloud of suspicion by the Department of Labor, precisely because “feeling one’s pain” is seen from the side of OWCP as the criteria for paying out benefits, whereas under OPM rules, it is merely a lesser standard in order to remain productive in the private sector.

Sincerely,

Robert R. McGill, Esquire
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 from OPM: Just Beyond

That is what makes you pause, yet unsure — the “just beyond”.  Maybe its a dream — but it is just beyond your grasp.  Perhaps the directions you were given — just beyond the next corner, just beyond the next town; or just beyond what even Google Maps can lead you to.

Or, in a Federal Disability Retirement case, it is the argument that the U.S. Office of Personnel Management makes in denying your Federal Disability application under the FERS system:  the insertion of a word here, an unfamiliar legal phrase there, always “just beyond” a suspicion as to whether they are correctly stating the legal criteria or the statutory authority cited in denying your case.

OPM systematically engages in such word-usage — of using phrases and inserting words which go “just beyond” the law, but in fact do not comply with the actual legal requirements.  And, as the individuals who make the decisions at OPM are themselves just beyond any accountability, they engage in such misuse and mis-application of the law with impunity, knowing very well that they will never have to answer for such mis-characterizations.

Thus, for example, does a denial of a Federal or Postal Disability retirement application often refer to the fact that “Social Security did not find you unable to be employed” — which may be true, but is a statement “just beyond” the laws governing a FERS Federal Disability Retirement application because what Social Security determines has absolutely no relevance to your FERS Disability Retirement application.

Or, OPM might say something like, “There is no evidence that your Agency could not have accommodated you beyond all possible means”.  Yes, but that is not the law; rather, the issue is whether your Agency could have “reasonably” accommodated you; not, whether you could have been accommodated beyond all possibilities within the universe of theoretical possibilities.

Again, OPM engages in legal jargon “just beyond” the boundaries of truth and integrity.  To make sure that OPM stays within the boundaries of statutory authority, contact a FERS Disability lawyer who specializes in Federal Disability Retirement Law, and always make sure that you apply the law not just beyond, but within.

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 from OPM: Presenting the Best Case

You can only work with the facts given; you cannot make it up; you cannot fabricate it; you cannot try and obfuscate — and in the end, it is often the case that presenting the best case is “enough”.

In life, with few exceptions, we learn how to “make do” with what we have gotten:  Whether of our birth, our looks, our talents, our personality, our charm, our brains, our so-called “gifts and talents”, etc.  Some possess a great abundance of whatever is needed; others, a paltry pittance.  A short period of “overcompensation” may produce, every now and again, a 5’6” basketball star, or a scrawny football player whose talents can compete with the best of them; but for the most part, “effort” cannot exceed “limitations”, whether of a physical or an intellectual level.

And so the rest of us are relegated to live in a perpetual milieu of mediocrity, despite our best efforts to conceal it, or for however long the glow of our parent’s constant accolades to furnish us with self-esteem beyond the reality of our true talents will last, reverberating in the echos of our memories — “You’re the best”;  “You can be anything you want to be”;  “Don’t worry, you’ll do better next time”.  Indeed, Americans are known to have a high degree of self-esteem in comparison to other countries, but concurrently lag behind in test scores for the “hard sciences”.

For Federal Gov. employees and U.S. Postal workers who suffer from a medical condition such that this medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, sometimes presenting the best case possible is all that can be done.  Pain is subjective; psychological conditions are likewise not amenable to “objective” diagnostic testing; and perhaps you don’t have a fully-supportive doctor — and yet you simply cannot continue to work, anymore.

Sometimes, all that can be done is to present the best case, and if may well be that it is “enough” to get you past the U.S. Office of Personnel Management.  Contact a FERS attorney who specializes in Federal Disability Retirement Law and begin the process of initiating, preparing, formulating and filing the best case possible of a Federal Disability Retirement Case.

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 Legal Assistance: The Letdown After

It is a positive thing to have goals; to set aside things, days, events, etc. to look forward to; to change up the monotony of daily living exercises and take a day off, go to visit a friend; but then the event, day, set-aside, etc., passes, and there is the letdown after.

Perhaps it is natural, or not; maybe it is to be expected.  In either case, whether natural or meta-natural, the severity of the emotional letdown often reflects the gap between expectation and reality.  For, isn’t that one of the foundational “keys” to happiness or discontent?

If our expectations are X and the reality which we encounter is also X, we are “happy”.  If, on the other hand, our expectations are X but the reality we experience is Y, then the “gap” between our expectations and the reality we must face will result in an emotion of discontent.

For Federal employees and U.S. Postal workers who look forward to the Holidays, the weekend, the next respite — the letdown after is palpable.  Why?  Because any future stopgap measures fail to attend to the foundational problems which create the gap between expectations and reality — one’s medical condition.

Consider filing for and applying for Federal Disability Retirement, a benefit which is there to solve the problem of an incompatibility between your medical conditions and the positional duties you must perform in your Federal or Postal job.  It is, in the end, the only solution for the letdown after.

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.

 

Office of Personnel Management (OPM) Disability Retirement Benefits: Where to Start

Of course, the “where” is not properly the true concern — for, it is not the location, but rather a different sense of the word that is applied.  The “where” concerns the juncture or the beginning point of a process; of what information to gather; the arguments to be made; the emphasis upon which to direct their attention; the nexus that must be established, etc.

While all that must be gathered, argued, collected, assembled, collated, described, delineated, combined, etc. — the “where” is often meant to merely be a beginning point that is logically ensconced within the entirety of the complex process.

For Federal employees and U.S. Postal workers who ask that question or query that puzzle, the answer is simple: Begin with the foundation.  And, what is the foundation?  The foundation is the medical concern itself; and once the foundation is laid, then to work towards the conclusion as to why the Federal or Postal worker can no longer perform all of the essential elements of one’s Federal or Postal job.

Where to start?  Contact a disability attorney who specializes exclusively in the field of OPM Disability Retirement Law, and begin from there.  For, in the end, that is clearly the logical beginning point of the complex process involving the bureaucratic morass of Federal Disability Retirement Law through the U.S. Office of Personnel Management.

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: The Distorted Mirror

Have you ever looked at yourself in a distorted mirror?  You know, those which we encounter by chance — at an antique shop; an old hotel where the lobby hangs a mirror where the face expands horizontally while the body stretches vertically; or in one of those “fun houses” at a carnival — of distorted mirrors throughout as giggling children pass by with gleeful gibberish while wives and other women fret about how their reflections fail to flatter.

The distorted mirror is an object lacking objectivity, and is often deliberately meant to obfuscate the reality surrounding and instead to influence the subjective perspective in the very perceiving of the universe through a lens that misinterprets our surroundings.  We recognize the distortion of the distorted mirror; yet, we fail to recognize the distortion of our own subjective perceptions through error of thought.

Outside influences often help to distort our own thinking — like medical conditions which distort our perspective of the world in the same way that the distorted mirror contorts our own self-image.  With medical conditions — whether of physical or psychiatric — we tend to view the world in a more negative manner.

Contact a lawyer who specializes in Federal Disability Retirement Law under FERS, through the U.S. Office of Personnel Management, and don’t let the distorted mirror of a medical condition rob you of your future security because of fears of the unknown which can contort one’s view like watching one’s self in the distorted mirror.

Sincerely,

Robert R. McGill, Attorney
Federal Disability Retirement Lawyer

 

Disability Retirement under Federal Employees Retirement System (FERS): Continent of the Arbitrary

The metaphor encompasses an image of expansiveness; for, while a city, a town, and even a country can trigger an image which we can conceptually grasp, a “continent” — of Africa, Europe, Asia, North and South America, Australia and Antarctica — simply boggles the mind and goes beyond our ability to put our arms around it.

And “arbitrariness”?  Life is so arbitrary that it can only be conceptually linked to the image of a continent.  Where we were born; in what state of health we came into being; who we met; how we became who we are — is it all by chance, by circumstance; or, does fate and predestination by heavenly influence play any part of it?

“What fates impose, that men must needs abide; it boots not to resist both wind and tide” — Henry VI, Part 3, Act IV, Scene 4.

The arbitrariness of life is, indeed, a continent of despair, and medical conditions appear as merely another facet of arbitrary causes without reason — why does it hit some people at certain ages and not others; and in the end, where is the fairness of it all within this vast universe?

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 your Federal or Postal job, consider contacting a Federal Lawyer to initiate the complex administrative process of Federal Disability Retirement.

For, while your circumstances may be the result of a continent of the arbitrary, your obtaining of Federal Disability Retirement benefits under FERS need not be, and having a legal expert on your side may greatly enhance your chances of success and minimize the arbitrary nature of the bureaucratic process.

Sincerely,

Robert R. McGill, Lawyer

 

FERS Disability Retirement from OPM: Failure of Proof

What does it mean to “fail to prove” something?  Who, in the end, determines such a “failure”?

A benefit which is part of being a Federal or Postal employee — OPM Disability Retirement under the FERS system — must of course include “proof” that the Federal employee or Postal worker is no longer able to perform one or more of the essential elements of one’s Federal or Postal job; but what constitutes failure in meeting that burden of proof?

The U.S. Office of Personnel Management, of course, is the “gatekeeper” at the Initial Stage of the Federal Disability Retirement process, as well as the Second, Reconsideration Stage of the process.  The “safety” mechanism is that, if OPM denies the application for Federal Disability Retirement at both the First Stage as well as the Second, Reconsideration Stage, a Federal Disability Retirement applicant can file an appeal with the U.S. Merit Systems Protection Board — taking it out of the hands of OPM and placing it before an administrative judge for an administrative, telephonic hearing.

For, OPM’s methodology of “proving” that there has been a “failure of proof” is by selectively choosing everything undermining a Federal or Postal Disability Retirement case, then proceeding to make conclusions based upon those selectively chosen bases and ignoring everything else.  It is, in the end, not a failure of proof that defeats an OPM Medical Retirement submission, but more often than not, a baseless claim by OPM that proof by a preponderance of the evidence has not been met.

To counter this, contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law, and meet the baseless assertion of a failure of proof by proving that the failure was a failure of proper adjudication.

Sincerely,

Robert R. McGill, Esquire

 

Early Retirement for Federal Employees with Disabilities: Persuasion

Can the written word persuade?  Can “passion” be elicited by a series of letters, dots, crossing “t’s” and other such grammatical nuances?

Certainly, when language is spoken, we often hear discussions about the “passionate” delivery, or the fact that the speaker was “fiery”, a “true believer”, or even “inspiring”, etc.  Somehow, and for whatever reasons, we attach the emotional component of a speaker’s voice with the persuasive force of sincerity upon the words themselves.  Can it ever be “faked”?

We are too often too naive to think not; and that, of course, is what the con-man and the counterfeiter is banking upon.  Persuasion offered by an impassioned voice is much easier than the power of the written word; for, articulated with the right barometer of a voice’s pitch, it tugs at one’s hearts and confuses the otherwise skeptical mind.  A paper presentation must persuade through the force of logical argumentation; for, there exists no voice of passionate conveyance to do otherwise.

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 of Postal job, filing a Federal Disability Retirement application with the U.S. Office of Personnel Management must by necessity be a paper-presentation to OPM.  To be persuasive is thus doubly-difficult, as you must make sure that all of your arguments are articulated with soundness of reasoning and forceful in their legal relevance.

Consult with a FERS Disability Attorney who specializes in Federal Disability Retirement Law, and make sure that your method of persuasion matches the substantive weight of you circumstances.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Disability Retirement: Problem Solving

We are not all that good at it; some, better than others; the rest of us, standing by as watchful bystanders.  Is problem-solving done by methodological discourse, or by random attempts of trial and error?

Certainly, for engineering and scientific challenges, esoteric training and background has an advantage; but did the first person who came to the end of a peninsula and observed an island just beyond — did the thought of a bridge or a boat appear because of some specialized knowledge, or simply out of one’s imagination?

In modernity, problems and their solutions tend to be compartmentalized into specialized areas of training.  Aside from problems of the run-of-the-mill character (family squabbles, teenagers, lost pets and a leaky faucet, etc.), most are challenges within a specified field of expertise.  We no longer live in a world where mysteries abound and explorers wonder (wander?) whether there is an edge at the far side of the oceans.

For Federal employees and U.S. Postal workers who have a problem with a medical condition which prevents the Federal or Postal worker from performing all of the essential elements of one’s Federal or Postal job, it may be time to call an expert in the field of Federal Disability Law and prepare, formulate and file an effective Federal Disability Retirement application.  For, problem solving is not merely a matter of a problem identified, but of a solution thoughtfully contemplated.

Sincerely,

Robert R. McGill, Esquire
FERS OPM Disability Attorney