FERS Medical Retirement: Reconsideration & OPM’s Hope

Federal Disability Retirement can be a long, arduous, and frustrating administrative process and the U.S. Office of Personnel Management does not help to make it a smooth one.  You will likely get denied at the Initial Stage of the process, and furthermore, the initial Denial Letter from OPM will have you scratching your head in a state of anger and confusion as to its inherent lack of coherence or logic.

That is because it is OPM’s hope that you will simply give up and go away.  However, the mantra which you must always adopt is:  Never give up, and keep persisting, no matter what OPM says in their denial.  If you don’t win at the Reconsideration Stage, then you still have a chance at appealing it to the next stage – before an Administrative Judge at the U.S. Merit Systems Protection Board.

At both stages of the bureaucratic process, it is a good idea to contact an experienced FERS Attorney who specializes in Federal Disability Retirement Law, who can properly evaluate the strengths and weaknesses of your case, and thus respond accordingly.  For, while persistence and refusing to go away is the first step in beating back OPM’s denials, such persistence must also be followed by a competent understanding and application of the legal criteria to rebut OPM’s attempt to marginalize your Federal Disability Retirement claim under the FERS system.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and don’t succumb to OPM’s hope that you will just give up and go away.

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 Medical Retirement Law: Impotent Perplexities

We live in a time of perplexities, and where we stare paralyzed with inaction, unable to move, incapable of solving, impotent to act.  “It is too complex”; “It’s not my problem”; “It’s outside of my department”; “Let those who created the problem be responsible for the solution”, etc.

We have come to think that words alone can move the world; and so people spend hours upon countless hours on computers, Smartphones, social media, etc., and stare at a blank slate and believe that by pushing buttons, some modicum of differences can be implemented.

Then, when nothing happens, nothing changes, nothing moves — in a word, perplexities abound and impotence dominates — we become paralyzed with a question mark: Why did nothing happen?  And so we become ensconced within the insularity of our linguistic conundrums, forever impotent in our perplexities, eternally paralyzed by our own inability to find our way out from the maze of our own making.

Medical conditions can result in the paralysis of impotent perplexities; for, in the end, many medical conditions remain as perplexities themselves within the very medical community which declares science as the pinnacle of human achievement.

Furthermore, for Federal employees and Postal Service workers, here is another perplexity which may confound you: How do you maneuver through the Leviathan of bureaucracies like that of the U.S. Office of Personnel Management?

Consider hiring an attorney who specializes in Federal Disability Retirement Law, and have an advocate who knows the ins and outs of maneuvering through the impotent perplexities of a confounding bureaucracy in preparing, formulating, filing and getting an approval of a Federal Disability Retirement application 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.

 

FERS Disability Retirement from OPM: Knowing the Law

If ignorance of the law were a valid excuse, we could all get away with murder.  Not knowing what the law is; claiming to have been without knowledge of the law at the time of the occurrence; failing to address the law when involving one’s self in an administrative procedure — these are never valid excuses in being held to account for such lack of knowledge.

There are, of course, certain “natural laws” which cannot be avoided, such as taking another’s property without consent or harming someone, such that the only time “knowledge of the law” can be used as a defense is if the perpetrator claims lack of mental capacity — i.e., the classic insanity defense.

In all other areas, “knowing the law” is an important first step before initiating any process, and that is why Federal Disability Retirement Law is important to “know” before beginning the process of applying for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, under FERS.

It is, first and foremost, astounding that anyone would begin filling out the Standard Forms for applying for Federal Disability Retirement benefits before first understanding the laws governing Federal Disability Retirement benefits.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law and begin the process of preparing, formulating and filing for Federal Disability Retirement benefits — by first “knowing the law”.

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 Disability Retirement Law: Knowledge of the Elements

It is important to understand what a thing is made up of; otherwise, without that knowledge, you will fail to appreciate the interaction and possible reaction to other elements.

It is the Aristotelian approach which is important — of understanding “first principles” and the underlying substratum of a thing.  Plato’s approach, as well, was similar — of abstracting the greater principle from the particular, but the manner in which he explained things was more in a poetic sense than the practical, and thus do we consider the Aristotelian approach the more “scientific” of the two.

In Law, an understanding of the elements is just as important.  For, if you are not familiar with the elements, you can be easily sidetracked into irrelevant issues, inconsequential arguments and insignificant declarations.  In a very different sense, as well — as in the “elements” comprised of the weather — it is important; for, knowing the elements will mean that you can prepare for any eventuality.

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 — it is important not only to know what “essential elements” might mean, but also, what the elements of the law governing Federal Disability Retirement are comprised of.

For, without knowledge of the elements, you will fail to understand what to prove, how to prove it and to what extent proof is required.  Without such knowledge, you will be exposed and vulnerable to any and all claims of rebuttal by the U.S. Office of Personnel Management.

Contact an OPM Disability Attorney who has the necessary knowledge of the elements, and begin to formulate an effective Federal Disability Retirement application under FERS, whether by an Aristotelian approach or the more poetic methodology of Plato.

Sincerely,

Robert R. McGill, Lawyer

 

Attorney Representation for OPM Disability Claims: Steps of Deliberation

Steps of deliberation must be taken to accomplish anything.  By deliberation is meant: A plan based upon knowledge; actual progress towards a goal; a recognition of the strengths and weaknesses of a case; and the application of any and all advantages which can be engaged.

Obtaining a Federal Disability Retirement annuity requires those steps of deliberation: Knowledge of the process; steps toward the end-goal; assessment of the legal criteria and their applicability; citing of past case-laws which possess persuasive influence in arguing your case.

Consult with a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and begin actually moving forward in the steps of deliberation which will result in a successful outcome.

For, it is those first steps of deliberation which determine the course of one’s future, and Federal Disability Retirement is ultimately nothing more, and nothing less, than securing one’s future by stabilizing your financial outlook in a retirement you have worked so hard to obtain.

Sincerely,

Robert R. McGill, Esquire

 

Federal Worker Disability Retirement: Beyond Politics

Aristotle viewed man as a “political animal”.  What does this mean?  Essentially, that we interact, live within a social context, intersect with conflicting needs and contentious ideas, etc.

In short, we live in a society where a common purpose is engaged and, in the course of merely living, we must by necessity intersect amidst competing interests.  In our current age, being a political animal is viewed in heightened extremes of partisanship.  Some view this as self-destructive; others, as a healthy outlet for society’s needs.

Whatever the political nature of each individual, what party affiliation, what views — whether conservative or liberal — everyone still has to live their lives, beyond elections, crisis, pandemics, etc.

For Federal employees and Postal workers who suffer from a medical condition, the fight to obtain a disability retirement benefit from OPM is the “living” of life.  Whatever your politics, living life always should be the focus of your life.

Contact an OPM Medical Retirement Attorney who specializes in FERS Disability Retirement Law and pursue the living of life beyond politics.

Sincerely,

Robert R. McGill, Esquire

 

Federal Medical Retirement under FERS: Giving Up

It is, and historically has been, an option of last resort.  There are those, of course, where it is simply never an option; at whatever cost; sacrificing whatever means; it is simply not a consideration to be entertained.  Is such a “principled” approach ingrained within the DNA of an individual, or is it merely a trifle of stubbornness which prevents a person from giving up?

It is certainly not a character trait which is taught; in fact, more of the opposite is true.  We tend to teach our children the pablum of perseverance: “Keep at it, and one day you will…”; “Don’t give up; you’ve only just begun” (a paraphrased lesson for young children of what the American revolutionary, John Paul Jones, purportedly stated, “Surrender?…I have only just begun to fight!”); and other such lessons where the fine line between intelligent perseverance and fatalistic stubbornness must often collide.

Yet, there surely are times when it is prudent to give up — and perhaps come back to fight another day.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows the Federal or Postal employee to perform all of the essential elements of his or her position, “giving up” may be a matter of filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.  Of course, “giving up” may also be the thought when the U.S. Office of Personnel Management denies a person’s FERS Disability Retirement application, as well — but in the opinion of this writer, that is the time when the approach of John Paul Jones should be taken.

Consult with a FERS Disability Attorney who specializes in Federal Disability Retirement Law, and consider whether or not “giving up” is a prudent option to consider, given your unique circumstances.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Benefits: Lives that matter

It is a trite truism to acknowledge that, If everything matters, then nothing matters; for, in the end, if all X is Y and all Y is X, then there is no distinction between X and Y.  That is the “rub”, though, isn’t it?  It isn’t just that “All X is Y” that can stand alone — for, if some of Y is Not-X, then a distinction can still be made between X and Y, whereas if there is even a scintilla of Y that is Not-X, then X neither subsumes Y entirely and Y doesn’t lose its identity completely.

Put another way, if everything is meaningless, then meaning itself loses its very applicability.  We can get lost in such hypothetical tropes, but when it comes to human beings, it is the individual that matters, the singularity which evokes relevance and the relationship itself that solidifies what “matters”.

Thus, the recent “controversy” about whether or not certain groups of individuals “matter” in contradistinction from the greater group of the whole will always rise to the level of contentiousness and conflict so long as there lacks a “connection” or relationship between individuals.  Individuals matter only so long as there is a relationship — the “I” to “thou” connection, as opposed to a perspective of subject-to-object.  That is, in the end, how mass murderers and genocidal extermination processes engaged by nations and groups are allowed to occur — by the treatment of individuals not in the “I-thou” relationship, but as individuals treated as objects that do not matter.

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, it becomes apparent pretty quickly that the lives that matter are those who are “productive”, and the very “meaning” of one’s life is determined by the Federal Agency or the Postal Service based upon your productivity and capacity to work.

When that realization comes about, it is time to prepare, formulate and file an effective FERS Disability Retirement application, to be filed with the U.S. Office of Personnel Management, and the first step in that process is to contact and consult with an attorney who specializes in Federal Disability Retirement Law, lest the perspective of lives that matter continues to be undermined by the attitude of a Federal Agency or the Postal unit which treats the lives that matter as mere objects, and not as valued subjects.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement: Meeting the basic requirements

As with any endeavor, meeting the basic requirements is the minimum standard.  For Federal employees and U.S. Postal workers who are considering filing a Federal Disability Retirement application, it is important to understand the basic eligibility requirements in order to qualify for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Here are a few: The minimum Federal Service requirement (18 months); of having a medical condition during the tenure of one’s Federal Service that prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal position; and an inability by the agency to provide reasonable accommodations or reassignment; and some further factors to be considered, as well.

Beyond the basic requirements, of course, are the technical issues that have developed over many years and decades, primarily through statutory interpretation as expounded in court cases and decisions handed down by the U.S. Merit Systems Protection Board and the Federal Circuit Court of Appeals.  There are, moreover, legal refinements and interpretations that go beyond the “basics”, and while meeting the basic requirements is an important start, it is critical to understand the technical legal refinements which have evolved over the years. “Always start with the basic requirements; and from there, consult with an expert for further details.”

Such is the sage advice often given before involving oneself in a complex process, and Federal Disability Retirement Law is one such administrative endeavor that should take such counsel into account.

Start with meeting the basic requirements — of the minimum 18 months of Federal Service; of having a medical condition such that the Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s Federal or Postal job; and from there, seek the advice and counsel of an attorney who specializes in Federal Disability Retirement Law — another “basic requirement” in preparing, formulating and filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire 
OPM Disability Retirement Attorney

 

Filing for OPM Disability Retirement: Distant lights dimming

How can distant lights dim when they are mere specks upon a blanketed panorama of darkness?

One looks up at the stars and we are told, of course, that the sparkling tapestry may contain those which are already vanished, and what we “see”are merely the residue of a dead or dying star.  In a universe based upon a visual-centered arena, the reliance upon sight to establish facts and verify truth-statements cannot be avoided.

That was Berkeley’s problem, as well — and one which he deftly avoided by re-defining the definition of existence by tying it inextricably with “perception”, including visual, auditory and tactile means.  Much later, and after a series of devastating criticisms launched at the entirety of empiricist tendencies that some would counter artificially manufactured unnecessary philosophical problems (but isn’t that the “fun” of philosophy — to always be left with more problems to solve than the day before?) which haunts us to this very day, Wittgenstein came along and waved aside such conundrums by relegating all such issues to mere problems of linguistic confusion.

Thus was reality divorced from the language we use to describe the phenomena that surrounds us, leaving science left standing as the Last Man and the primacy of philosophy relegated to the dusty shelves of Medieval Times.  Distant lights dimming?  No more a problem than the campfire dilemma — for, do we say that because we cannot precisely pinpoint the demarcation between light and darkness at the periphery of a glowing campfire, that therefore no campfire exists at all?  Of course not!

It is thus not the result of the physical objectivity of the world around us that confuses, but the inadequacy of language that confounds.  Yet, as Man must communicate by means of language and operate effectively within the objective world, so the development of various “language games” must by necessity evolve into greater heights of absurdity.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition impacts upon the reality of the “objective” world — entrance and introduction into the binary universe of language games and the greater world at large must also, by necessity, come together in the form of preparing, formulating and filing an effective OPM Disability Retirement application.

You have the medical condition; the medical condition is impacting your ability and capacity to continue in your present position as a Federal employee or U.S. Postal worker.  Such a medical condition may necessitate filing for Federal Disability Retirement — but understand that submitting a “paper presentation” to the U.S. Office of Personnel Management, whether you as the Federal or Postal employee under FERS, CSRS or CSRS Offset, requires an adequacy of language that must go beyond the reality of the medical condition itself.

And like the distant lights dimming, what actually “is” may be divorced from the language which must be carefully chosen and transcribed, lest such inadequacy fails to describe and delineate the reality of the medical condition from which you suffer.

Sincerely,

Robert R. McGill, Esquire