Medical Retirement for FERS Employees: Incompatibility

The proof that must be shown, by a preponderance of the evidence, is that the Federal or Postal worker has a deficiency with respect to performance, conduct or attendance, or in the absence of any actual service deficiency, a showing that the medical condition is incompatible with either useful service or retention in the position held.

In recent months, the U.S. Office of Personnel Management has been ignoring the part about the “incompatibility” provision, and instead has been unfairly focusing upon whether or not a supervisor has deemed an individual’s past performance as having shown any deficiencies in performance, attendance or conduct.

The system of “performance reviews” favors passing most employees through without any deficiencies, and the reason for this is that it is often too much of a headache to give an employee a “less than fully successful” rating, lest there be grievances filed and appeals noted, creating a greater workload for the supervising authorities.

But even when there are noted and substantiated deficiencies in one’s performance, conduct or attendance, OPM will often dismiss such deficiencies as not being supported by the medical documentation, anyway, and so the basis for a denial of a Federal Disability Retirement application is often a compendium of circular arguments posited by OPM without any adherence to the law or acknowledgment of the facts.

More cases appear to be denied by OPM in recent months; ignoring the law and asserting unfounded reasons for such denials, and so it is important to fight against the trend that seems to be asserted by OPM: Ignoring well-established precedents in law and ignoring the facts by selectively extrapolating what OPM wants to focus upon.

If you have been denied, or want to put forth the best First-Stage OPM Disability Retirement application possible, contact an attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal & Postal Workers: Faulty Choices

Of course, we all make them; the issue is one of containment, not of avoiding them altogether.  For, the corollary can be equally faulty:  Of indecision until and unless all conditions for perfection can be met.  In other words, the thwarted view that waits until everything is perfect: The perfect life; the perfect marriage; the perfect career; the perfect choice.  To wait for perfection is in and of itself an imperfect choice based upon a faulty choice; it is to let an unattainable end dominate an otherwise attainable goal.

But at what point does one determine that?  Yes, while not all of the information has been ascertained, and perhaps not all conditions met; nevertheless, will we proceed in doing X as opposed to Not-X and take the chance?  That is where “judgment” comes into play — of having the wisdom to make decisions based upon the available resources tapped.

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, faulty choices at the beginning of the process can have negative consequences foreseen and unforeseen.  The key is to limit the faulty choices, and the option to seek counsel and guidance is often the first choice in reaching an attainable goal of success.

In pursuing Federal Disability Retirement benefits, seek the advice and counsel of an experienced attorney who specializes in Federal Disability Retirement Law; to do so is to limit faulty choices, and that is often the key for a successful outcome in preparing, formulating and filing an effective Federal Disability Retirement application to be filed with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: The Bully and the Beast

Yes, yes, the title is all wrong; but that “other one” is for fairytales and childhood memories, and not for the ugly reality that is faced by grownups with the cynical perspective that, by age 30, has come to overwhelm and dominate.

“C’mon”, the refrain comes back, “let’s at least enjoy the childhood fantasies that still delight and enrapture the imagination, and quit being a spoil-sport!”  Yet, just as the idealistic twenty-something becomes a crotchety-old fifty-something, so the reality of the Beauty and the Beast — of the traditional story told in so many variations involving the beast that is of beauty beneath; of the nature of appearances as opposed to the substantive reality; of pithy sayings by parents who want to spare the feelings of their unattractive children that beauty is “only skin deep”; of higher academia where such childish notions then get transformed into “Platonic Forms” or the Aristotelian “substratum” — is the cold world that we all come to know.

Somewhere in one’s mid-thirties, the conclusion is reached that, No, the world is not reflected in the fairytale as recalled, but rather, the universe is occupied by the Bully and the Beast, and we are too often caught and trapped in the middle between the two.

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 “Bully” is too often represented by the Federal Agency or the Postal Service and its manner of treating a sick employee; and the “Beast” is the alternative — of the constant harassment; the reprimands; the adverse actions threatened or proposed; and perhaps even represented as the U.S. Office of Personnel Management and the entire administrative nightmare known as “Federal Disability Retirement”.

For, once upon a time we were all children and dreamed about fairytales and fantasies; but somewhere along the way as we “grew up”, we came to realize that the world was not occupied by gnomes, goblins and cute hobbits scurrying about in the wild forests of our own imaginations, but by the ugly reality that the world is populated by people who are not very nice, and that sickness does sometimes hit the nicest of us, and oftentimes filing for Federal Disability Retirement is the best choice to make between the Bully and the Beast because the Beauty and the Beast had faded long ago into the warmth of childhood memories forever faded.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: Here

So much time is spent upon the anticipation of some event in the distant future; or, perhaps merely tomorrow, next week, next year.  Here is where we are; in the “now”, the immediacy of a life being lived.  Human beings are peculiar, unique and devastatingly unaware to that extent; we give lip-service to the notion of attaining happiness, joy and the capacity to relish the precious gift of life, while all the while failing to embrace and embody the here of this moment.

Look at tourists visiting the various wonders of the universe; do they seem to enjoy the experience of viewing ancient relics or places where momentous events occurred?  Or, are they busy trying to make sure that the video camera or the Smart Phone is capturing the smiles, the scenery and the attraction just beyond?  How many videos of the same places exist in the world today, tucked away in the memory banks of a digital chip?  What is the difference between the video chip stored in a personal Smart Phone as opposed to a professional movie that explores the identical tourist destination?

What is missing, of course, is the experience of the “here”.  Thus, when asked the question, “So, did you go and visit the famous ruins of X?”  The answer is too often, “Yes, and let me show you the video I took of X.”  As opposed to: “Yes, and let me try and describe to you the beauty of X.”  Anticipatory living is not necessarily a negation of living the “here” of one’s life, or even the “now”; but it comes close to missing out.

For the Federal employee or the U.S. Postal worker who suffers 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 the Federal or Postal position, the need to file for Federal Disability Retirements benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is precisely the “here” that one is trying to preserve, by securing a “tomorrow” worth fighting for.

It is the “here” of one’s medical condition, the “here” of one’s health, and the “here” of some semblance of financial security that is the whole point of a Federal Disability Retirement benefit.  Yes, it is for tomorrow, and the process is a long, administrative headache that may not be approved until many tomorrows and another; but in the end, it is the “here” that is worth preserving, and the first step in securing a worthy tomorrow is by initiating the process of a Federal Disability Retirement application here and now.

Sincerely,

Robert R. McGill, Esquire

 

CSRS & FERS Medical Disability Retirement: Regarding dogs and books

They are the two default positions to happiness, loneliness and sorrowful days that can only be solved along with a cup of hot chocolate.  What is amazing and somewhat perplexing is that, as to the former, the very fact that one species of life can have such a close and interacting relationship with another existent species is an incomprehensible truism steeped in beauty.

History has established that people and dogs maintain a unique synchronism that goes beyond mere parallel existence.  We can walk among birds and hear them chirping; jog past a rabbit that freezes, then scurries away; and even have a suspicious but interactive peace accord with squirrels, cats and gerbils; but of a dog that awaits your every move and watches with loyal love, there is a special relationship and bond that can never be described by words alone.

As to the other elements in the twin concepts of the title above, what can one say?  Books are the products created by the uniqueness of language; the compendium of complexities amalgamated by first a letter, then a word, then words within sentences that elongate into paragraphs; then, slowly, page by page, they form to create a work – of fiction, non-fiction, a mixture of both, either or neither as in crime novels, “true life” extracts and the admixtures of imagination, images, memory and reminiscences.

Books allow for loneliness to dissipate when betrayal and disloyalty have reared their ugly heads; when backstabbers and plain meanness whips the urns of ashes deadened with ancestral grief upon a rainy night of groans and tears wept upon what could have been; and then we can get lost in a good book and feel the air being disturbed by the wagging tail of a dog so loyal.

Regarding dogs and books – there is no replacement for such a duality of life’s mystery.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition may necessitate filing 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, the feeling that the “world” has betrayed because the Federal agency or Postal Service is unwilling to accommodate and “work with” your medical condition is a true enough fact; but don’t let that fact of disloyalty dissuade you from recognizing that there are still entities out there who remain loyal – like your dog (if you own one; and if you don’t, you should get one).

And also remember that the goal of getting OPM Disability Retirement benefits is tantamount to reading a good book – it allows you to reorient yourself and regain the proper perspective by allowing you to focus upon the priorities of life – of your own health.

People often think that life is complex beyond endurance these days; but in the end, a loyal dog and a good book are about all that one needs to attain happiness – and, of course, one’s health, which is the primary reason why fighting for one’s Federal Disability Retirement is important, so that you can focus upon maintaining your health, so that you can sit with a good book beside a loyal dog: the key ingredients to ecstatic joy itself.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Law: Confidence and Self

When attached to someone other than a “self”, the issue can always allow for suspicion of absence; for, just as we can never fully know someone else, no matter how long we have been acquainted, how many decades married, and how well we have queried, interrogated or otherwise cross-examined, so the capacity of mystery may still remain that surprises us on the other’s deathbed.

What if you were married to someone for half a decade, and every Thursday during the entire blissful state of matrimonial embrace, the significant other went out to purportedly play bridge, or for a “night with friends”, or some other innocent activity encouraged and tolerated (if only because it gave you a break from the daily routine and monotony as well); and, on a twilight’s confession before departing this world, you learned that through all of those years, those many decades and countless hours of being left out, left behind or otherwise excluded, you learn that instead it was for another reason?  Would the reason itself make a difference?

Say, for instance, it was in order to see a therapist each week – would that then result in a question of confidence – whether about one’s own adequacy in supporting the loved one, or concerning the other who felt the need not only to seek help, but moreover, to keep it hidden all of these years?  Or, change the hypothetical for a moment, and instead posit that an “affair” had been ongoing for decades – would that shatter the confidence of fidelity one had in the other, or perhaps in one’s self as to an ability to “know” the world about, and come to be shaken to the core such that you could no longer believe in anyone, anything or any story, including the narrative of one’s own life that always previously appeared to be “happy” by all or most accounts?

Confidence is a fragile entity; a characteristic of the soul that takes but a minor injury to suddenly catapult into a traumatic event; and the “self” is always a mystery that the “other” can never quite grasp, no matter how many decades of study and analysis.

That is why a medical condition is so often an insidious invader and purveyor of shaken confidence, because the equation of physical or psychological derailment works upon an already fragile essence of the human self.

For Federal employees and U.S. Postal workers who can no longer perform one or more of the essential elements of one’s positional duties at the Postal Service or the Federal Agency because of a medical condition that intervenes and interrupts, the need to file for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often intimately interconnected with issues of self, confidence, and the compound of the two – self-confidence.

It may be that the actions of the Federal agency or Postal facility have completely shattered and shaken one’s self-confidence; or, that confidences previously protected and privacy once thought to be inviolable have been breached; whatever the reasons, a medical condition will often invade the core of a self in doubt, and the confidence of one’s self may need to be repaired by preparing, formulating and filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire