FERS Medical Retirement: Response to the Shotgun Denial

When the U.S. Office of Personnel Management issues its Initial Denial of a Federal/Postal Disability Retirement application, the usual methodology of argumentation they employ is likened to a shotgun blast — with very little aim or focus.

It is a frustrating narrative to read, and all the more so because they have had an unlimited amount of time to formulate and write the denial, whereas the denied applicant is provided a very short response time.  The Denial Letter can appear extensive in scope, and the initial reaction is to try and rebut each and every line of the denial letter — which is the wrong approach to take.

The “right” and most effective responsive approach to take when responding to an OPM Denial of the Initial application is to categorize the various issues into a manageable number of subcategories, and then to respond to each in a systematic manner, and as to each, to cite a supportive case law that favors your argument.

Remember always that OPM’s purpose in denying your case is two-fold — either in hopes that you will not respond in a timely manner or not at all (thereby obviating the need to do anything further because you will have lost your administrative right to proceed any further in the process); or, that the process will appear so complex that you will fail to respond adequately to the multiple points of the denial letter.

Do not get caught up in the “fairness” issues — for, the entire bureaucratic process is unfairly weighted in favor of OPM at every turn, and to become embroiled in arguing against the unfairness will only lead to endless frustration and get you nowhere.

Instead, contact an OPM Disability Attorney who is familiar with FERS Disability Retirement Law, and begin to prepare and formulate an effective response to OPM’s Shotgun Denial of your Federal Disability Application under FERS.

Sincerely,

Robert R. McGill
FERS 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 Law: The Retrospective

There is a proportional increase as one experiences a greater linear accumulation; some would call it a heavier luggage to carry; others, of a more cynical nature, would term it as mere “baggage”.

The retrospective is engagement of looking back — of recounting memories or dealing with nightmares.  Human beings live in a state of constant turmoil based upon the past, the present and the future.  To be stuck in the past prevents the needed attendance to daily living; to disregard the past and merely live for “the moment”, is to repeat history’s mistakes and foibles; and to only live by greater angst for the future steals from experiencing the joy of today.

The retrospective is always a part of each of us; as we grow older, we tend to relate to things which have impacted us from the past; and so, to that extent, the retrospective is a necessary and natural, material part of our lives.  The key, however, is to resist the temptation of allowing the retrospective to dominate our lives as we grow older.

There is a natural inclination — a deliciousness, if you will — in letting the retrospective rule; for, whether of a trauma or of joyful memories, the retrospective as something which has already passed, is passive by definition and can no longer actively harm us.  Furthermore, it is important to have an objective, true view of the past, and not allow our imagination to warp or otherwise overstate the experiences of the past.

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 current job, it is important to provide a concise retrospective of one’s medical condition, but more importantly, to delineate the current impact.

As always, a balance must be achieved — of how the past is relevant; how the present is impacted; and in a Federal Disability Retirement application under FERS through the U.S. Office of Personnel Management — how the medical condition will last a minimum of 12 months.

Thus, as with most concerns of life, the retrospective must be put in its proper perspective and context — of how far back; of how much; of what relevance; and it is in this balance of life that the retrospective can be invaluable in its present significance.

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: Other Places, Other Times

People study history for various reasons: the interest of other times, the peculiarity of other places — and yet the similarity of people no matter what the historical context.  Other places, other times, reveal to us the pattern of behaviors engaged in across time, cultures, historical contexts and prevailing dogmas which dominated a particular society, civilization or epoch of noted influence.  It gives us a perspective and, often for the good, a sense of knowledge that other places, other times are not too dissimilar from the one we are currently experiencing.

Do we repetitively make the same mistakes as generations past?  Likely.  Are we wont to repeat them in the future?  Yes.  Do we ever learn from our mistakes?  Unlikely.  Human beings, for the most part, do what they want to do, and then scramble to gather the justifying reasons for having done them.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition necessitates preparing, formulating and filing for Federal Disability Retirement benefits under FERS, know that in other places and at other times, Federal and Postal employees have successful fought with the U.S. Office of Personnel Management and have won their Federal Disability Retirement benefits despite the unfair advantage which OPM holds over you.

Consult with a Federal Disability Retirement Lawyer and know that an experienced Federal Disability Retirement Lawyer has the experience that in many other places, at multiple other times, success has been achieved in preparing, formulating and filing an effective Federal Disability Retirement application under FERS.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: Exploding Heads

We often hear the expression, “My head is about to explode.” What can it mean? Clearly, it is not to be taken literally — although, there are circumstances where brain aneurisms can result in the sensation described and an immediate trip to the emergency room would be indicated. Figuratively, it normally means that the pressures and stresses of the world are too much to bear, and that we apply the metaphor of an explosion — an earth shattering, tumultuous event — in order to convey how we feel.

Life is tough. It is often a seemingly endless series of troubles encountered and problems to be solved. Our capacity for problem-solving is not, however, limitless, and many of our problems faced have no “solution” and only respond to delay, distraction and avoidance. Yet, delay, distraction and avoidance, not having solved the problem, results inevitably in merely procrastinating the unresolved issues — of the need to again encounter, face and engage the problem, whatever form that “resolution” may take.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows for the Federal or Postal employee to perform all of the essential elements of his or her job, it may indeed feel like your head is exploding — especially when the Federal Agency or the Postal Service is putting undue pressure and stress upon you to stop using SL or remain on LWOP, or even asserting your FMLA rights. The resolution: perhaps, to consider filing for Federal Disability Retirement benefits.

Consult with an attorney who specializes in Federal Disability Retirement Law, lest the sensation of exploding heads continues to haunt you no matter how hard you try to avoid the inevitable.

Sincerely,

Robert R. McGill, Esquire

 

 

FERS Medical Retirement: Disregarded Voices

We disregard them at our own peril; but, then, that is the very point of it, isn’t it?

To disregard is to deliberately ignore, based upon the erroneous belief that to live in ignorance is to embrace a state of bliss, as knowledge is the pathway taken by the original sin of the apple.  Safety is sought in silence; comfort, in the monotony of unreflected misgivings.  We disregard because it is convenient to do so.

Signs of an impending problem, we may ignore by choice as a way of procrastinating the inevitable; or even the nagging sense that something is about to occur — we disregard that voice of reason because, to listen to that voice would require the greater effort of considering the future.

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, to disregard the many voices competing for your attention is a sure pathway to disaster.

Consider those voices: The agency’s voice warning of adverse actions; the doctor’s voice warning of health consequences; your family’s voices of concern; and most importantly, your own voice that admits that change must by necessity come about. Federal Disability Retirement is an option that should be considered when all of those voices come about in a coordinated chorus of concern: Seek the voice of an experienced attorney who specializes in Federal Disability Retirement Law, and begin to regard those disregarded voices — today.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Of Dreams Before

It is the past that always haunts; of dreams before, when youthful vigor and innocence begetting of naïveté left one breathless with a clueless notion of the world.  Was it better to live in a world of fantasy, where the world was limitless in its potential — or do we prefer the reality of cynicism where we finally comprehend the restrictions of imposed constraints?

The worst form of put-down is to refer to a middle-aged man or woman as one who “had” so much potential; for it is the third person singular in past tense that evolved from the present tense of “has”, and we wonder when the variation substituting the “s” with the “d” occurred.

It is all well and good to be young with yet the fading scars of an acne-riddled chin, with barely a stubble to makes a difference by a razor’s edge in the morning, and be referred to as a person who “has” potential; it is quite another when the first wrinkles of botox-resistant flabbiness find a permanent home in the comfort of an expansive forehead, when the verb is still applied but with the substituted subtlety of the interchanged consonant, barely noticed but with conviction declared.

That is when, of dreams before and hopes once harbored become but shadows left behind in the greenery of a forgotten childhood.

Do we despair when we no longer have dreams?  Are we sadder, less positive, more cynical, when the potential others noted have been dashed with the ravages of time, reality, cold facts and ruthless societal indifference?

One can possess virtue in this world, so long as it is never tested; but is virtue of any value if it never encounters reality but remains in the ivory towers of conceptual constructs?  Of dreams before — before what?  Before the “real world” extinguished them and relegated such to the trash heaps of childish fantasies, never to be redeemed because of the debts owed and the responsibilities to bear?

Yet, one can hold on to some dreams, and even if never realized, the dreams of youth may still be enjoyed regardless of the substitution of the “s” for the “d”.  What others say of you may not always be applicable; it may just be a soliloquy of regrets reflecting the speaker’s own failures.

For Federal employees and U.S. Postal workers who suffer from a medical condition and need to file for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the fact that things didn’t “turn out like they were supposed to” does not mean that, of the dreams before, everything has to be abandoned.

OPM Disability Retirement is merely a means to an end; it is, for the time being a means in order to focus upon one’s health and well being, in order to prepare for a future beyond today’s sorrows.  Federal Disability Retirement benefits allows for a person to gain some semblance of financial security in order to get back to good health, and to allow for the past tense to return one to the third person singular in the present tense — for dreams today, and not of dreams before.

Sincerely,

Robert R. MdGill, Esquire

 

Filing for OPM Disability Retirement: The image we cling to

Whether of a “bad boy”, a “choir boy” and some other like, “He is such a quite, obedient and unassuming young lad,” or even, “She is a real go-getter” — whatever the image created, whether by our own manufacturing or by the reputation pasted upon by others, the image we cling to can remain with us such that it haunts and trails like the residue of those ghosts of Christmas past.

Are reputations and images one and the same?

They certainly cross over from border and fence to similar lines of demarcation, such that the jumble of what others say, think and believe about you are an admixture of one’s self-image, the reflection of how we think about ourselves and what we believe others believe about ourselves.  Changing the image we cling to is often difficult; believing in the change, nigh impossible and rarely achieved.

Whether from the incremental and sometimes insidious perpetuation from the subconscious destructiveness haunting one from a childhood past, or of reinforced negativity from bad parenting or abusive relatives, an image is a residue of a tapestry complicated by those unknown circuitry making up what is generically identified as one’s inner “conscious” life.

It is, as some philosophers would put it, the “ghost in the machine” — of that something “other” that eerily floats about above and beyond the collection of cells, genetic matter and neurotransmitters.  It is “who we are”, or more aptly, “who we think we are”.

For Federal and 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 image we cling to is often the one that prevents us from doing that which is best for ourselves.

We think of ourselves as hard-working, conscientious, never-a-slacker, and conflate that self-image with performance ratings, step-increases, promotions and awards, and it is that compendium of reputation-to-self-image that marks our downfall when a medical condition hits the brick wall of reality.

What are our priorities?  Do we cling to the images manufacture, at all costs — even to our own detriment?

Preparing a Federal Disability Retirement application, whether under FERS, CSRS or CSRS Offset, is a silent admission that the image we cling to may not be the reality one hoped for; but to live in an alternative reality when one’s health is at stake, is to ignore the obvious, and to fall prey to the destructive tendencies of an uncaring world.

Filing a Federal Disability Retirement application with the U.S. Office of Personnel Management is not to destroy the image of ourselves that we cling to; rather, it is merely a recognition that we, too, are human and imperfect, and it is the shedding of perfection that is often the greatest problem we face.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Separation & Retirement: Of self-expression in society

There exists a proportionate correlation if charted on a graph, between the rise of a need for greater self-expression and the alienation from the individual from a sense of belonging and community.  The human animal has an inner need for acceptance and comity within the context of societal cohesion, and this is no different from other species and their behavioral patterns, excepting the “lone wolf” characteristics where mating or predatory consummation represents the only points of contact.

The lines of the hypothetical graph would intersect somewhere at the level where the individual believes that personal identity has been lost and subsumed from a community detached and uncaring; notice, identity and self-worth are bundled together in an almost inextricable complexity within the human psyche, and that proverbial and pervasive “inner cry for help” becomes exponentially magnified when that alienation intensifies.

Focus upon a collective “self” by a society encumbered with economic woes, infringement upon base survival instincts, and a growing sense that reliance upon one another is no longer believable, leads to the downward spiral of the line which represents societal comity, where the trajectory suddenly drops precipitously in a straight, vertical manner.

Yet, the other line — the one which represents self-expression and a silenced cry for urgency of warmth and responsiveness, continues upward in a more gradual trend, with short and sudden spikes here and there, but still reflective of a desire to pull back, to harken with a perspective of the rear-view mirror, wanting and willing always to open one’s arms and embrace the roots of that tribal nature from whence we all originated.

But we are becoming more and more calloused; the time wasted, the ascending alienation as first reported by Camus and the French existentialists after the ashes of the Phoenix failed to rise from the funeral pyre of the war-torn devastation of Europe and the consequential bifurcation of nations within the greater context of a potential addendum holocaust involving nuclear weapons, and the subsequent inertia developed through wealth and artificial products which were marketed by means of media and mass distribution — from it all, discontent arose, the notion of life’s absurdity followed, and the greater need for self-expression formed.

Look at Facebook and the explosion of psychosis.  Look at the obsession with smart phones and the need to “update” one’s “profile”.  But always remember that self-expression must be contained, and appropriately conveyed.

For Federal employees and U.S. Postal workers who must, by necessity, file 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 vehicle of formulation in preparing an effective Federal Disability Retirement application, to be submitted to OPM, must have a certain restraint and self-limitation imposed.

Not every fact and fancy of opinion should be included in the Applicant’s Statement of Disability.

And, one must ask, how much of that self-expression exudes bravado and exaggeration?  And even after one has won one’s Federal Disability Retirement application, there may be a Medical Questionnaire which is issued by OPM, and if in the course of investigating further, there surfaces an indicia of some extreme form of activity such as bungee-jumping or similarly strenuous engagements which are “posted” for all viewers because of the need for “self-expression” — such a wanton cry for help may indeed come back to haunt.

Self-expression in a society replete with alienation and abandonment may, in the end, be all that we are left with; but for the Federal or Postal employee who wants to preserve and protect one’s Federal Disability Retirement annuity, it may be best to exert some semblance of self-control that is quickly diminishing and disappearing on the graph of the proverbial downward spiral.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Days of Partial Life

To whom do we owe our due?  What motivates, compels and propels?  Is it by way of a sense of indebtedness (a sort of negation attempting to claw back and regain a foothold), or an assertion of one’s rightful ownership of life, land and property?  Or perhaps there is a sense of a higher calling, whether by teleological justification, or a whisper of duty?

Some days, we walk within a mist of stupor, half-alive, barely conscious, and hoping to simply get through the day.  Other days, a breath of fresh air fills our lungs, and life promises a brighter future, like the winds suddenly lifting the stagnant kite higher into the heavens where promises of greater glories hold truth in the palm of an angel’s hand.  We often fail to recognize the power of our own daily will; it is free to choose, undetermined in the morning, past memories in the afternoon, and concretized by night.

There is a difference when an individual is beset with a chronic and debilitating medical condition, precisely because in such circumstances, one’s daily life is no longer free to choose like entrees on a menu for a preset course of delectable meals.  No, individuals with impacting medical conditions can only live lives of partial living, bifurcated into elementary segments:  times of pain, times of being pain-free; times of lethargy and cognitive loss of focus, and rare times of mental acuity and clarity of judgment.

For Federal employees and U.S. Postal workers who suffer daily from a medical condition, such that the medical condition begins to prevent one from performing one or more of the essential elements of one’s job, the judgment to file for Federal Disability Retirement may come when the proportionate bifurcation of the partial life reaches a critical point where the segment of pain exceeds the portion of non-pain, or put quite simply, when the quality of life deteriorates so miserably that one’s days off are merely used up in order to recuperate for further days of pain or cognitive dysfunction.

Federal Disability Retirement, filed through the U.S. Office of Personnel Management, is a benefit available to all Federal and Postal employees who have a minimum number of years of Federal Service (18 months for those under FERS; 5 years for those under CSRS).

When those days of a full life become transformed into a chronic continuum of days of partial life, it is time to consider preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Disability: The Depersonalized World, Sans the Sacred

It is the personal encounter, the direct engagement, that many seek to actualize in hopes of fulfillment.  “If only I could speak to the person”; “If you knew the real me”; and, indeed, it is that depersonalized universe which undermines and tempers.  Somehow, if we are merely one among many, like the little girl in the red dress in Schindler’s List, the singularity of the living entity shouts at us for relevance, significance, and a chance to distinguish.  It is in the personalization of the deep chasm reaching down from the inertia of life, from which the sacred emerges.

There is the daily monotony; the repetition of costs, conversations and couples coexisting; and then suddenly an idea conflicts, an encounter entangles, and life itself takes on a meaningful menagerie of sounds and magnified explosions of signification.  Sans the sacred, the inertia of living would prevail.  That is the true crime of a bureaucracy, and the administrative process which life imposes upon us.

For Federal employees and U.S. Postal workers who must file for Federal Disability Retirement benefits with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, it is the sudden clash and inevitable tension between the depersonalized and faceless bureaucracy which one must face and submit one’s Federal Disability Retirement application to, and the sacredness of the most personal information being forwarded, which gives magnified rise to the anxiety of life.

That is the conundrum and anomaly; to formulate the most personal of narratives involving one’s medical condition and its impact upon one’s professional and personal life, and then to have the depersonalized experience of a faceless bureaucrat make a decision on one’s life without ever a direct encounter or face-to-face plea of persuasion.  And the form which one must pour out such sacred information upon — SF 3112A, the “Applicant’s Statement of Disability” — reflects the depersonalized character of the entire administrative process.

In the end, however, one must always keep in mind the goal of the endeavor.  Achievement is to reach and fulfill the intended goal.  Filing for Disability Retirement benefits through OPM must by necessity involve the avenue of a faceless bureaucracy.

To reach the destination of purposive intent, the Federal and Postal employee must recognize that it is not the depersonalized world which will finally define one’s existence, but the recognition that a universe sans the sacred will manifest its humanity only through small steps of personal encounters, and that can be accomplished when once the Federal or Postal employee gets beyond the present circumstance, obtains Federal OPM Disability Retirement benefits, and moves forward with life into another vocation, another stage of life, and a further contact with the sacred nature of one’s essence.

Sincerely,

Robert R. McGill, Esquire