Medical Retirement for Federal Workers: Expectation of Ethical Behavior

Ethics requires the containment and delineation of certain parameters of behavior.  The single intervening cause which provides for an exception to such constraints of behavior — as a practical matter — is the accumulation of power.  Power serves as an aphrodisiac which propels one to override any knowledge or sense of what it means to “behave properly”.

Just observe the behavior of those who are considered part of the “glamour” set — movie stars, politicians, wealthy entrepreneurs, etc.:  the common thread is that, because one acquires and retains money and fame (and therefore power), one need not be constrained within the parameters of ethics.  Just as individuals may act in certain ways, so agencies and conglomerations of individuals will act in a macro-reflection of how singular persons will act.

Thus, when a Federal or Postal employee begins the process of preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, wisdom should guide the Federal and Postal employee to expect his or her agency to act in ways contrary to ethical behavior — if not outright violating any rules of ethics, at a minimum, to act in a harassing and mean-spirited manner.

Power brings out the worst in individuals, and in agencies; and when the “weakling” shows his or her vulnerabilities, the claws and fangs manifest themselves in the most ferocious of manners.  Ethics is for the protection of weaklings, and for manipulation by the powerful.  That is why it is often a necessity to seek the counsel and guidance of an attorney to countermand the actions of those who deem themselves to be powerful — by leveling the playing field.  Now, as to the power of the U.S. Office of Personnel Management… that is a different story altogether.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Power, Persuasion and the Legal Argument

FERS & CSRS Disability retirement is no different, in kind, than other areas of law which intersect with individuals and personalities.  As an area of administrative law, and specifically, where a government entity (the U.S. Office of Personnel Management) is involved, the Federal or Postal worker must encounter an agency which is large, powerful, and often immovable (sort of like Aristotle’s Primum movens, or the Prime Mover).  

The singular Federal or Postal worker may find the encounter with the Federal government to be a daunting, almost insurmountable task.  It is the classic meeting of two unequal forces; and, as such, there is always a question as to who will prevail.  

Fortunately, however, there are some mechanisms in place which allow for persuasive argumentation.  If a Federal Disability Retirement application is denied at the First Stage of the administrative process, then there is the Second, or Reconsideration Stage of the process, which places the disability retirement application in the hands of a different OPM case worker, in a different section.  If it gets rejected a second time, then it is taken entirely out of the hands of OPM, and will be placed before an Administrative Judge at the Merit Systems Protection Board.

Throughout the entire process, however, the Federal or Postal worker may feel lonely, small and irrelevant.  That is why the Federal or Postal worker who is contemplating filing for Federal Disability Retirement must engage in substantive and persuasive legal argumentation.  Persuasion is the key where power is unavailable.  It is OPM which has the power; it is the Federal or Postal Worker who has the persuasive tools, and must use them to his or her advantage as the law allows.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Where to Begin

Many phone calls admit defeat before the process begins, and this, because the complex process itself is an obstacle of daunting proportions, preventing the Federal or Postal employee from envisioning a time in the future when a Federal Disability Retirement application will have been approved.  

Does a defeatist attitude impact a Federal Disability Retirement application?  Does the U.S. Office of Personnel Management “read into” a Federal Disability Retirement application, somewhat like a mental telepathist, and “know” that the Federal or Postal employee expects a denial? No.  But certainly the approach of how one compiles the evidence, guides the Office of Personnel Management in the roadmap of one’s Federal Disability Retirement application (by narrating a cover letter which is broad in scope, coherent in logical structure, and specific in discussing the attachments and their relevance, etc.), and provides a justifying legal basis for granting an approval — in a comprehensive compendium which provides a foundation to OPM to approve the case — is how one averts a defeatist attitude, and instead replaces it with a confident compilation of a catalogue of clarity (yes, one can get carried away with engaging in alliteration).

Remember that, in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the important thing is to always begin with clarity; then, sift through and between that which is central as opposed to peripheral; and in the end, don’t act like an amateur — let the professionals handle it.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Habit Encountering Critical Mass

Most people live lives of peaceful habituation; and while Henry David Thoreau would add that they live “lives of quiet desperation,” such a state of desperation erupts only when the habit of daily living, whether quiet or not, is interrupted by an event or a series of events.

Those who retain their health, or have never encountered a period of chronic medical conditions, can never fully comprehend the tumult and trials of such impact — upon one’s professional life, certainly, but moreover, upon the private life of quiet habit, of merely attempting to sit in a chair; to read; to engage in a leisure activity.  But “leisure” can be enjoyed only if the substantive life of habitual endurance can be lived in a relatively peaceful manner.

For those who have come to a point of contemplating preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, that former life of peace and quietude — of that “boring” daily habit of thoughtless living — must now be confronted with the reality of a medical situation which must be aggressively pursued, in order to secure one’s future, and to retain some semblance of peace back into one’s life.

Those Federal or Postal employees who must fight for Federal Disability Retirement benefits — ah, but if only they could have remained in their peaceful lives of daily habituation.  But the encounter with the reality of a medical condition awakens them from such peace and repetitive living; there comes a point when a different course must be affirmatively taken, with obstacles dropped in the path — from a hostile work environment, to coworkers and family members who show no empathy — but the fight must be fought, so that one day the disrupted life of quietude may once again be attained in some semblance of sanity.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Overwhelming Resources of the Bureaucracy

The advantage which the U.S. Office of Personnel Management has over the individual Federal or Postal disability applicant in a Federal Disability Retirement application is self-evident:  they control the timeframe of the decision; they are not subject to any repercussions or consequences for a decision contrary to law; they possess multiple templates in disapproving a Federal Disability Retirement application, and a single template upon approving a Federal Disability Retirement case, thereby making it administratively easy, simple, and without the necessity of expending much effort, either way.

For the Federal or Postal employee who is contemplating preparing, formulating or filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is a daunting task to go up against such a behemoth of a Federal administrative bureaucracy.

Indeed, one only needs to review a denial letter from the U.S. Office of Personnel Management to comprehend the near-impossible obstacle which OPM can present:  in some denials, there is merely a brusque and short “discussion”, barely touching upon providing any rational reason for a denial; yet, in other denials, there are long and detailed templates — however erroneous or misplaced, and however lacking of any legal or factual basis — which purportedly “explains” the legal basis of the denial.  In either case, OPM has the “upper hand”, at least for that time and stage, because it is merely kicked-up to the next Stage in the process, and handed over to another OPM employee.

Against such an entity, it is important to be prepared with knowledge, legal tools, and the ability to cut through the administrative nonsense which passes for legal authority.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: The Psychological Process

One of the reasons why the Federal or Postal employee contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, should view the entirety of the administrative process as just that — a “process” as opposed to an entitlement to benefits — is because (a) that is in fact what it is and (b) to fail to view it from that perspective would be to refuse to adequately prepare for the long and arduous procedural pitfalls which are inherent in each case.

This is not an entitlement where a specific trigger of an event results in the automatic calculation and issuance of compensation.  Reaching a certain age does not result in the granting of Federal Disability Retirement benefits (although it may end it and be recalculated at age 62); attaining a certain number of years of service will not qualify one for Federal disability Retirement benefits (but again, upon reaching age 62, it may result in a beneficial calculation of benefits for having a greater number of years of service).

Rather, Federal Disability Retirement is an administrative, legal process in which one must prove by a preponderance of the evidence that one is (1) eligible, in that one meets certain minimum requirements, such as 18 months of Federal Service under FERS, or 5 years under CSRS, and (2) entitled, by proving that one has met the legal requirements under the statutes, regulations and case-law.

By having the proper psychological perspective, one is better able to prepare for the long haul before starting the process of preparing, formulating and filing for Federal Disability Retirement benefits, whether under FERS or CSRS, from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Solutions

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, it is important to focus upon the solutions to the multiple obstacles which necessarily accompany the preparation of a Federal Disability Retirement packet.

Part of the inherent problem for the Federal or Postal worker who is contemplating filing for the Federal Disability Retirement benefit, is of course the medical condition itself.  It is difficult enough to maneuver through the potholes, valleys and pitfalls of life which one must face on a daily basis; it is exponentially pronounced when one must do so with the hindrance of a physical, mental, or emotional (or often all three) medical condition.

Thus, if the problem at the outset is to secure the support of a doctor, because the doctor is unwilling to provide a medical narrative report, then the solution is to find another doctor.  This often happens if the originating injury occurred as a job-related incident and the doctor’s services were obtained through OWCP; or, sometimes, one’s own lifelong treating doctor simply becomes weary of all of the administrative paperwork which is entailed by the process itself.

To “find another doctor”, of course, is an easy enough statement to make; to actually do so may entail energy, effort and a level of focus which involves much beyond what one wants to expend.  But what choice does one have?  Repetitively reviewing one’s obstacles contributes little to the advancement of one’s cause; focus upon the solution, not the problem, for it is the former whichjavascript:; leads one on a path of recovery, not the latter.

Sincerely,

Robert R. McGill, Esquire