FERS Disability Retirement from OPM: Hope Quashed

It is by hope which people live and civilizations thrive; without it, the will to advance is replaced by the desire to concede.

The educational theory which became entrenched decades ago was based upon the assumption that if children possessed that ephemeral thing called “self esteem”, that one’s sense of hope would flourish and the whole society would benefit as a result.  This was combined with America’s utilitarian background in philosophical foundations — that if X is good, then the more of X is better, and the most of X is best.

The comparative/superlative step ladder is always a dangerous endeavor, especially if there is not a solid foundation upon which to place the ladder to begin with.  If eating ice cream is good, is more of it better, and is an unlimited supply best?

Self esteem is all well and good, but there has to be a substantive basis upon which to build one’s self esteem. You cannot fake “winners”, where everyone gets a trophy and no one is better than another.  You cannot say, “Well, Johnny here can make 3-pointers all day, but Susan over there can barely hit the backboard, so let’s just say that if anyone touches the ball, you automatically get 4 points.”  Kids are too smart for that; they can tell when compliments are dished out — no matter with how much added exuberance — as to whether it is well-deserved or merely a superlative for ego’s sake.

Society mistook hope quashed for needed building of self esteem, and the result has been somewhat disastrous.  Yes, hope quashed is also a recipe for disaster, but it cannot be replaced with artificial cheering.

For Federal employees and U.S. Postal workers who suffer from a medical condition where hope is being quashed that you can continue in your present course of living without making major changes to your lifestyle, then you may want to consider preparing, formulating and filing for FERS Disability Retirement benefits through the U.S. Office of Personnel Management.

If you cannot make it to retirement, whether regular or early, and you certainly don’t want to simply resign and walk away with nothing, then OPM Disability Retirement is the best alternative.

Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law and begin the process of going beyond hope quashed, but not to the land of empty superlatives.

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.

 

Permanent Medical Retirement from Federal Employment: Post-Separation Evidence

OPM ignores the law.  Despite over a decade since the opinion expressed in Reilly v. OPM, Federal Circuit Court of Appeals, 571 F.3d 1372 (Fed. Cir. 2009), the U.S. Office of Personnel Management continues to dismiss the relevance of post-separation medical evidence in a Federal or Postal Disability Retirement application.

OPM will systematically deny cases with the following type of statement: “You doctor stated X.  However, the medical report was dated after your separation from Federal Service.  Therefore, you did not establish that you were medically disabled from performing your job while a Federal employee.”  Huh?

Three things stand out, of course: First, most medical conditions are progressive and degenerative in nature and do not appear on the very day a doctor examines a patient.

Second, the clear logical error of OPM’s argument is so blatant: X exists. X exists after Time-Y. Therefore, because X exists after Time-Y, X did not exist prior to Time-Y.  Or: I saw a man named Tom. I saw Tom today and did not see him yesterday.  Therefore, Tom was not born before I saw him today.  Absurd.

And third: OPM ignores the law as stated in Reilly, where post-separation medical evidence is clearly relevant if a proper nexus is established to a pre-separation time-frame.

Don’t let OPM’s illogical interpretation of the law defeat you.  Contact an attorney who specializes in Federal Disability Retirement, and beat them back in order to obtain the benefits you are entitled to.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement for Federal & Postal Workers: The Messes We Make

We make many of them.  By “make”, too often implies that it is our fault; and yet, some greater number of messes we make are merely the consequence of unknown factors, thoughtless actions and unintended reservoirs of youthful behavior.  Our parents often clean up after the messes we make; and, for a time, at least, such parental love allows for the children to mature and grow up until the messes become less and the successes replace them.

Some parents take the harsher road: “You have to clean up your own mess”; while others take too lenient a role and never allow their children to learn from their mistakes.  Most parents take a middle-of-the-road approach and try and guide their children through life’s learning process of making messes.  Some messes, like acquiring a medical condition, simply come upon us and we have no control over them.

For Federal employees and U.S. Postal workers who are beset with the “mess” of a medical condition such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of his or her Federal or Postal job, filing for Federal Disability Retirement benefits is the “cleaning up” of the mess we have acquired.

Contact a FERS Disability Retirement Lawyer who specializes in Federal Disability Retirement Law, and begin the process of preparing, formulating and filing an effective Federal Disability Retirement application under FERS.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement: “What Happens If…”

It is the prefatory words to a long list of potential queries, and such questions can only be answered by an experienced lawyer who has been well versed in Federal Disability Retirement Law.  That is part of the reason why you hire an attorney who has practiced exclusively in the area of Federal Disability Retirement Law and has tangled with the U.S. Office of Personnel Management on multiple and varied issues over the years.

“What happens if you get fired during the process?”  “What happens to your TSP and Health Insurance?”  “What happens if you get denied the first time?”

Of course, the “What happens if” questions are merely a minor subset of multiple other forms, such as the “Can you —” or “Is there —”, and countless other forms of queries.  To be able to answer them all — or most of them — would require a Federal Disability Attorney who has practiced for many, many years.

Contact an OPM Disability Attorney who has specialized in Federal Disability Retirement Law for those many years, and who can satisfy the yearning for answers to questions which began with the curiosity of a child in wonderment and awe, and ended up as a Federal or Postal employee needing assistance in a universe that turned out to include the U.S. Office of Personnel Management, with all of its bureaucratic and administrative complexities.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Who I Am & Who Am I

One is a question; the other, a declarative statement.  The latter of a more subjective nature; the former, perhaps a composite of observations by third parties together with self analysis.  Both must begin with a query — of analyzing a statement “about” myself, through others who are well-known as well as of opinions rendered and judgments passed by acquaintances and passersby strangers barely acknowledged.

“Who I am” is often answered in response to a preceding query by a third party: “Who are you?”  It might be answered with fairly objective and short statements which are incontestable: I am X’s brother in-law; I am the husband of Y; “Oh, I am Sarah’s father” (in response to Sarah’s classmate who sees you standing outside of the classroom); or, “I am nobody”.  This last statement, of course, has implications well beyond being an unresponsive nullity; for, it goes to the heart of one’s own assessment of one’s self, one’s consequential impact upon the limited universe of one’s role, and the very essence of an ego left abandoned.

The other — Who Am I — is often followed by the grammatical punctuation of a question mark.  It is often a self-reflective query — one which causes a pause, a momentary furrowing of eyebrows raised, and then a regrouping of having just previously been taken aback by a question which stabs too closely to the essence of one’s being.  Perhaps a soliloquy follows.  One will normally cast the question off with a shrug and answer the self-query with, “I am X” and then move on to take out the garbage, watch a movie, see a documentary or engage in what Heidegger refers to as an activity which allows us to forget our mortality.

Will the question inevitably haunt us and force us into facing ourselves at some point in our lives?  Perhaps.  Can we avoid the question entirely?  Maybe.  It is the former, asked by others, which fails to have the force of the latter, and merely because of the placement and substitution of positions of the two words after the “Who” that makes all of the difference.

For Federal employees and U.S. Postal workers who suffer from a medical condition and who must face the prospect of facing the question, “Who I am” in reference to one’s position and role in the workplace, it is often the medical condition itself which prompts the second, more incisive query of “Who Am I?”

Does a medical condition define a person?  Certainly, the Agency or the Postal Service makes it the primary issue by questioning one’s competence or capabilities based upon your condition.  Both questions go to the heart of the issue in a Federal Disability Retirement application; for, in the end, the Federal Agency and the Postal Service treat both questions with a foregone conclusion of an answer: You are Nobody if you are no longer part of the “Mission”, and that is why filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management becomes a necessity.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement: Judgment and Discretion

In many ways, the two are inseparable; for, to make good judgments is to necessarily have the proper discretionary approach, and to possess the quality of discretion is the foundation for making good judgments.  It is discretion which allows for good judgment; good judgment that is dependent upon discretion.  To lack discretion, however, does not mean that one will necessarily make a bad judgment; but then, as the old saying goes, even a broken clock is “right” twice in a 24 hour period.

The judgement to prepare and formulate an effective Federal or Postal Disability Retirement application, to be filed with the U.S. Office of Personnel Management under FERS, should be based upon sound discretion in determining the available resources: Is there supportive medical documentation? Is the Federal Agency or the U.S. Postal Service initiating proceedings to make staying in one’s job untenable? Has one’s medical condition come to a point where the Federal or Postal employee can no longer continue in one’s position?

These and many more questions are often at the heart of considerations in filing for Federal Disability Retirement benefits, and consulting with a FERS Attorney who specializes in Federal Disability Retirement Law is often the first test in determining whether one possesses the judgment and discretion to proceed on a path which will lead to a successful outcome.

For, in the end, judgment and discretion is just as much about understanding one’s limitations in knowing about something, as it is about knowing enough about something to have the judgment and discretion to seek good counsel and advice.

Sincerely,

Robert R. McGill, Esquire