Federal Employees Retirement System (FERS) Disability Retirement: The Law’s Mandate

What does it mean to “apply the law”?  Does mere mention of the fact — often, at the end of a lengthy paragraph, almost as an afterthought and merely an appendage to satisfy the criteria of “consideration of the law” — satisfy the requirement?

Does a jury who collectively convicts a defendant because they didn’t like the way he looks, satisfy the obligation of considering “reasonable doubt” if, just before agreeing to render the verdict of “guilty”, everyone in the room nods the consent that there is “no reasonable doubt to consider”?

Or, must a jury deliberate upon the issue and definition of reasonable doubt for a lengthy period of time in order to “appear” that they have considered the law’s mandate in a serious fashion, so that each juror can say, “Yes, we gave the criterion of ‘reasonable doubt’ due seriousness, and concluded that none of us had any reasonable doubt to prevent such a conviction”?

In analogous form, does the U.S. Office of Personnel Management satisfy the law’s mandate if they merely mention the multitude of case-law requirements, or if not even mentioning them, to “refer” to the variegated issues?

In this writer’s opinion, the Law’s Mandate requires more, and it is the job of the attorney to point out what constitutes and satisfies the law’s mandate, and to force OPM to do their job properly.  If you are considering filing for Federal Disability Retirement under FERS, contact a retirement lawyer who specializes in Federal Disability Retirement Law and make sure that the Law’s Mandate is fully satisfied.

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 under FERS: The Pariah

The irony is that some in the universe of bloggers and ceaseless appearances on the Internet consider that the word itself should be cast out of the sphere of daily lexicon usage; the word itself is considered a pariah, and therefore is treated as such.

Yet, words in and of themselves have no meaning; Wittgenstein is correct in positing that the concept of a “private language game” known exclusively to a single individual is nonsensical — literally — precisely because “meaning” is imported by the manner in which a word or sentence is communicated between two or more individuals, and the purpose and motive by which it is applied.

A pariah is an outcast, and there are many in the world who are treated as such.  Whatever its historical origins or derivative usage which have engendered insult or resulted in a connotation of disparagement, the problem is not in the word itself but in the motive behind its application.  The word itself is actually quite descriptive and describes accurately the manner in which many individuals in society are treated.  Expungement of the word would indeed be a great loss.

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 treatment of such individuals as a “Pariah” aptly describes how they are looked upon.

Consult with a Federal Lawyer who specializes in Federal Disability Retirement Law, and see whether or not you might qualify for a Federal Disability Retirement annuity so that you can escape from the designation of a “pariah” and move forward in a life where you are treated as an equal, and not as an outcast.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employee Medical Retirement: Vanishing Time

Where did it all go?  Whether it was the week, the past year, or the past decade, we look back and ask in wonder: How did I not notice?  You wake up one morning and realize that the ravages of time become reflected in the mirror by the face staring back at you.  We are allotted a certain number of years during a lifetime in order to put our stamp upon this world, to create a legacy, to be mentioned in a biographical footnote; and of that apportionment, have we made good and productive use of that gifted slice?

Excuses abound, of course; that life intrudes, that various events interrupt and cascade into timeless energies expended beyond capacities endured in moments of frenzied capillaries of wasted efforts.  That’s what New Year’s resolutions are for: To hit the proverbial “reset” button and redirect our efforts into more productive ventures — of self-help books left unread from the previous year and motivational videos unwatched and left to gather dust on the bookshelves of unintended consequences.

Time vanishes without our even knowing it, and for Federal employees and U.S. Postal workers who are suddenly beset with a medical condition that impacts his or her ability to continue in a chosen career with the Federal Government, the question becomes: What do I want to do with the time remaining?

If Federal Disability Retirement is a necessary next step, consult with a FERS Attorney who specializes in Federal Disability Retirement Law so that the vanishing time is preserved for a brighter tomorrow that may not last forever.

Sincerely,

Robert R. McGill, Esquire

 

OPM Lawyers Strategy: What If My OPM Disability Claim Is Denied?

Doubting can become infectious.  Once the confidence wanes, the seeds of doubt have been planted; once the seeds begin to sprout, further fears of shaken self-confidence begin to appear, and the shattering of a once-certain sense of calm begins to pervade insidiously within the soul of a questioning mind.

A denial from the U.S. Office of Personnel Management in a Federal Disability Retirement case is intended to do exactly that: Doubt the strength of your case.  It may quote directly from the office notes of your medical providers, and even selectively extrapolate statements that you once thought were “supportive” of your case, and the OPM “Medical Specialist” will yet conclude: “This does not meet the eligibility standards for Federal Disability Retirement, and it is insufficient and lacks objective and subjective evidence.  Therefore, you have not proven your case.”

Perhaps you believe you have given your “best shot”, and even with that, OPM has stated in rendering its denial that you do not meet the criteria to be eligible for Federal Disability Retirement benefits.  You have started down the pathway of “doubts”, and your confidence has been shaken.

The natural reaction?  Why even request reconsideration?

Of course, that is precisely what OPM wants you to think — that your Federal Disability Retirement case is so “weak” and unsubstantiated that you might as well give up and not pursue this, anymore.  Do NOT get trapped and deceived by the denial letter of OPM; the intent is to sow the seeds of doubt, so that a certain percentage of cases will simply give up without filing for Reconsideration of the OPM Denial Letter.

Time is of the essence in filing a Request for Reconsideration in every denial issued by the U.S. Office of Personnel Management, and while the selective extrapolation of evidence submitted is intended to sow those seeds of doubt, one must forge forward with confidence in the same manner that originally prompted the Federal or Postal employee into preparing and submitting the OPM Disability Retirement application in the first place: that one’s medical condition prevents one from continuing in the line of one’s chosen career, and thus does one become eligible for Federal Disability Retirement benefits.

It is simply a matter of proving it, and consulting with an attorney who specializes in preparing, formulating and filing for Federal Disability Retirement benefits under FERS is the next step in reinstating that self-confidence and setting aside the seeds of doubt that OPM has so deviously sown.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Civil Service: The topic of conversation

How does it come about – that “topic of conversation”?  Is it merely and completely randomly selected, and in a spurious manner caught like the quiet embers that ignite an out-of-control wildfire?  Or, does someone Google on the Internet, something like, “Good dinner conversation topics”, and then proceed to print them out so that silence does not pause the ebb and flow of a party’s chatter?

If you listen carefully at conversations (which, by the way, are becoming a rarity these days, as one becomes ensconced in one’s own insular world of smart phones and Facebook postings, Instagram obsessions and Twitter feeds of inane utterances), you realize the randomness of subjects embraced, and how they often travel like a drunken driver meandering without lights or signals to brace the passersby.  Is that how Darwinian evolution looks like as an analogy of sorts?  A senseless, meandering coveting of erupting utterances without guide, meaning, direction or purpose?

But what if you become the topic of conversation – does it suddenly change, where the ear is suddenly turned red, the interest enlivened, and the aura of disinterestedness suddenly lifts?  And what if you are not in the room, but left to freshen up or take a break, and upon your reentrance, the silence suddenly pauses and the topic of conversation reveals a fissure and a gravitational shift that suddenly embarrasses and shames?  The ears burn – is that merely an old wives’ tale, or does that really happen?

Isn’t that what occurs with Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management?

As an attorney who specializes in Federal Disability Retirement Law, the undersigned is often asked as to when the agency or the Postal Facility should be informed, prior to submission of an OPM Disability Retirement application, of one’s intent to file. It is a rather complicated question, and can have consequences unforeseen and not always positively received, and thus should be specifically tailored to each individual circumstance.

But do not be fooled:  The Federal or Postal employee who files a Federal Disability Retirement application through OPM, at some point during the process will inevitably become the topic of conversation; whether that should bother you, or you should care, depends upon many factors, and not the least of which is often influenced by sound representation by a Federal Disability Retirement lawyer who has guided the Federal Disability Retirement process throughout the gambit of the administrative process.

Sincerely,

Robert R. McGill, Esquire

Early Medical Retirement for Federal and Postal Employees: At any given moment…

Despite evidence to the contrary, we tend to live life expecting disaster just around the next corner; and when it does happen, of course, it only confirms the greatest fears which we had anticipated all along.  Whether any singular calamity is merely a magnification of our expectation of life’s fragile coordinates of unfairness, or simply a reflection of truth in an objectively impassive and uncaring world, it is our sense of destiny left to the fates of gods who care not and submission to the evolutionary Darwinism of predatory-to-prey beliefs which obviates any residual joy of life.  Then, when a wrong turn is made, we shake our heads knowingly and whisper in a soliloquy of wisdom unconstrained, “I knew it,” or something akin thereto, like, “Of course”.

Does confirmation of that which is expected, a basis for cynicism?  We certainly give lip-service to children, dogs and people of lesser means and circumstances by providing unsolicited, positive coaching advice on life and living:  “There is hope, yet”; “Tomorrow is a brighter day”; “Today is the best day of the rest of your life”; and other quips of mindless wisdom meant to appease, while we knowingly whisper in the privacy of our caverns of suspicion with an addendum of:  “You just don’t know how bad it can get.”  And so it goes (as the great positive thinker, Kurt Vonnegut, used to say — but then, anyone who survived the bombing of Dresden has a right to hold such dilapidated opinions of shabbiness).

Thus, in a similar vein, for the Federal employee and U.S. Postal worker who finds that treatment at the hands of one’s own Federal agency or the U.S. Postal Service when the time of need for support and acceptance is at its pinnacle — just doesn’t quite meet the standard of excellence expected in such moments, should be forgiven for having that shuddering tumult of suspicious concavity, when the Federal or Postal employee whispers, “At any given moment…” (i.e., the other shoe will drop; the Federal agency or U.S. Postal Service will further confirm their uncaring attitude; or some similar continuation of the initiating thought).

Preparing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the solution to extricating oneself from the calamity of having a medical condition, such that the medical condition prevents the Federal or Postal employee from continuing in the positional duties of the Federal or Postal employment.  For, in the end, you do not want to stick around too long to verify and validate that thoughtful knowledge of wisdom you possessed as a Federal or Postal employee, when you first learned that life is not a bed of roses, rarely a shining star, and certainly not the lottery ticket each and every day, when — at any given moment — that proverbial “other shoe” may drop if you are a Federal or Postal employee needing to filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Relative Importance of Minutiae

Triviality is in the eye of the beholder; though, there are some aspects of certain information which almost all can agree upon to be insignificant; but in this universe of informational overload, it is often the small, precise and extended bits which make up for the connecting bridges of relevance.

For the culinary sophisticate, the fact that an octopus has four pairs of arms makes for a greater feast, and if one were to pause and consider that the loss of an arm in its flight from a fisherman’s net might be insignificant from a human standpoint, the capacity to survive in the treachery of the undersea world may depend upon that lost tentacle.

For Federal employees and U.S. Postal workers who are considering preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the overarching focus is usually upon the grand scheme of things — of the relative importance of the key elements which make up for an effective Federal Disability Retirement application.

In the rush to quickly put together a Federal Disability Retirement application, it is easy to fill out and answer the Standard Forms, especially SF 3112A, the Applicant’s Statement of Disability, attach a compendium of medical reports and records, and hope for the best.  But it is often just as much the attention to detail — the minutiae of the little things, the world of microcosmic bits and floating information in the body of office notes and progress reports, like insignificant algae which forms as a film upon the pond’s surface, which results in the basis of a denial by a scrutinizing OPM Specialist.

Like the tentacle found in the fisherman’s net, it is only the keen eye which can tell which of the four pairs of arms it came from, except of course for the octopus, who well knows from the sensation of pain from which it derives.

Sincerely,

Robert R. McGill, Esquire