U.S. Merit Systems Protection Board & Disability Retirement: The Quiet Case

There are a significant amount — of the one’s without a fanfare, no formal MSPB opinion, but nevertheless, a “win”.

Many Federal and Postal employees get to that Stage — Stage 3 — an appeal to the U.S. Merit Systems Protection Board.  At this Stage, all reasonable attempts to persuade the medical specialists at the U.S. Office of Personnel Management have failed.

At the First Stage of the process, you filed your best shot and provided the utmost of medical documentation, but they denied you, anyway.  Perhaps it was because your previous year’s performance ratings were excellent, and you may have even received a cash award.  Or, maybe the medical opinions of your doctors were not sufficient.  Maybe OPM wasn’t persuaded that your condition would last at least 12 months.

Whatever the reasons, you had to go through the Second Stage of the process — the Reconsideration Stage.  You gathered whatever else you could, and submitted it within the timeframe allotted.  You hoped for the best.  When the denial came — the Second Denial — you knew you were in trouble.  The MSPB?  How are you going to maneuver through that complex maze before an Administrative Judge?

And this is essentially the “last stop” — for, if you don’t win it here, you will likely not prevail at a Petition for Review, and going to the Federal Circuit Court of Appeals is prohibitively expensive, and likely not winnable.  Yet, the MSPB opens up a great opportunity — for, what most people don’t realize, is that it is an opportunity for “the Quiet Win”.

Before you ever go to a Hearing on the case; before you have to prepare your Pre-Hearing Submissions — it is an opportunity to listen carefully to the OPM Representative assigned to your case.  If you listen carefully, you will have the opportunity to quietly and behind the scenes, submit additional evidence which could result in that 2.5 Stage of the process — between the Denial of the Reconsideration Stage and the Hearing before an Administrative Judge at the MSPB.

Of course, it will help if you also have an experienced FERS Disability Retirement Attorney involved, who can help you through the “Quiet Case.”

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.

 

Office of Personnel Management (OPM) Disability Law: The Evolution

Some still doubt it; the Roman Catholic Church has never made a very big deal about it, and accepted it as merely another mystery to be avoided; and over the course of many decades, the “theory” itself has evolved.

Various conservative religious groups have tried to counter the idea by maintaining that:  A. Only the literal translation of scriptural texts is acceptable and  B. Engaging in contorted math calculations to limit the age of the universe and attacking scientific methodologies of “dating” the age of the earth, etc., constitutes a valid rebuttal.

Aside from all of this, however, the current pandemic and the ease with which viruses can adapt and change, only reinforces the view that evolution does, in fact, occur, whether in the form of adaptive viruses or in the law.  Of course, evolution “in the law” is somewhat different in form, in that such changes do not alter the features of a species — but it does, analogously to species-centered evolution — occur in incremental stages, over a long period of time, and over many years.

The Laws governing Federal Disability Retirement have changed over many years, where judges have issued opinions interpreting the statutes and regulations, thereby “changing” the appearance of the original entity.  Whether you agree with Darwin or the current laws governing Federal Disability Retirement, you must adapt to such changes — which, again, reinforces the very idea of evolution itself.

Contact an OPM Disability Retirement Attorney who specializes in Federal Disability Retirement Law, lest you fail to evolve along with the evolution of disability retirement laws which govern OPM Disability Retirement 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.

 

FERS Disability Retirement for U.S. Government Employees: Now, What?

The question or declarative can be stated in two ways — As a query for the next steps, or as an expression of exasperation directed towards a frustration of multiple things gone wrong.  Or of a third: A combination of both frustration and an effort to understand what the next steps are.

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, the declarative query, “Now, what?” is often heard throughout the process of suffering from the medical condition itself, as well as during the process of preparing, formulating and filing an effective Federal Disability Retirement application under FERS.

The medical condition itself can lead to further complications, and thus the expression as stated; the Agency’s response of callous disregard can be the basis for the exasperation stated; the complexity of the administrative process of filing for Federal Disability Retirement benefits can also be the origin and cause of frustration.  To minimize the trauma of the entire process, consult with an OPM Disability Attorney who specializes in Federal Employee Disability Retirement Law so that the next time you need to express the sentiment, “Now, what?” — you can do so by picking up the telephone and calling your attorney.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Denial: The Middle Stage

It is like those siblings who are “in between”; of caught in relevance and significance by being squeezed on the one side by the “giant first one”, and on the other side by an even greater presence; and, somehow, the middle stage is lost and forgotten.  Is that how life itself is viewed, as well?  Of being cooed and oohed over the baby-years, and then forgotten once the younger sister comes into the family; or of being cast aside by children in their teenage years, then suddenly realizing that time lost can never be regained, but recognizing that one’s parents now are too old to appreciate?

Is that why the “Middle Ages” are viewed as irrelevant, stuck between the “Ancient Era” of the great Roman and Greek periods, and then suddenly skipped over into the Renaissance and into modernity?

The “Middle Stage” is like the Middle Age years — of being present but quickly fading; of being there but barely noticed; of shying away and fearing the next stage because the one before was so full of energy and the disappointment of the failures of the previous stage is merely a foresight into the fearful expectations of the next.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition now prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the “Middle Stage” is called the “Reconsideration Stage” of the administrative process.

The Reconsideration Stage is the stage where the Federal or Postal Disability Retirement application has been denied at the Initial Stage, and it is the Stage before the Third Stage — an appeal to the U.S.Merit Systems Protection Board.  It is not a stage to be “overlooked” — as some inevitability of a further denial — but one which provides for an opportunity to enhance and add to one’s Federal Disability Retirement application by providing additional medical and other documentation in order to obtain an approval from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

If the applicant decided to forego consulting with an attorney at the Initial Stage of the Federal Disability Retirement process, then it is a good time to consider contacting an attorney at the “Middle Stage” — the Reconsideration Stage of the process — to discuss the next and crucial steps in order to correct any past mistakes and affirmatively assert the proper legal basis in meeting the preponderance of the evidence criteria in your quest to obtain Federal Disability Retirement benefits from OPM.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Relating negative events

Bad things come in pairs, or is it triplets?  Is there a tendency to relate and categorize in terms of color, logical sequence, similarities and characteristics?  Is the Kantian model of imposing categories upon an otherwise orderless universe the reason why we relate negative events in bunches, like grapes growing upon vines waiting to be picked?  Or do bad things happen in combinations naturally, as a law that cannot be avoided?

When we learn that others have been speaking ill of us, or of unkind statements and gossiping rumors spread about, do we not then consider the look of those around us and begin to suspect that the facial frown was directed at us, the distracted individual is not merely lost in his or her own thoughts, but is deliberately ignoring and shunning us, and even the dog that was once friendly is heard to emit a low-growling sound of unfriendly disposition?

Relating negative events is a natural response to a world that is orderless, and one that can be cruel — a perspective that is easily and readily confirmed by the uncaring attitude not just from an impervious universe, but from those who pretend to be out best friend, as well.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the Universal Law that dictates relating negative events becomes unavoidable: Suddenly, because you have taken too much SL and have requested FMLA, you are no longer the “golden boy” (or girl) who can be relied upon, and next comes the leave restrictions; the “Memorandum of Warning”, and then even a PIP; and what next?

Termination is the target for the future.

All the while, the “negative event” was the deterioration of one’s health, which then set into motion all of the other negative events which became related one to the other.

Bad things, unfortunately, happen in bunches, and it is important to initiate a “positive” element and infuse a “good” thing into the middle of those bunches of negative events, and preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is that positive step one can take for one’s self in the morass of relating all of those negative events that seem to have occurred without your consent.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Suffering

It is something that cannot be avoided; it is part of life, of living, of engaging.  The history of it existence is palpable; the tactile images throughout can be experienced in images painted and words described; and the various religions embrace it – some as a foundation that allows for forgiveness to alleviate that felt by others; many, as a foundation to explain it away; and still others, to train a disciplined life in order to avoid it, or at least to contain it.

Whether by meditation or medication; through enduring or embracing; or perhaps even by enjoying some form of it in a masochistic manner; it is there because the body, mind and soul are sensitized in the evolutionary process of advancement to remain heightened for survival’s sake.

Suffering is part of living; without it, we imagine that life would be a constant cauldron of endless merriment, when in fact its absence would spell the very definition of misery and decay.

Throughout history, sickness, death and suffering encapsulated an apt description of life, whether human or otherwise.  Thus did Thomas Hobbes admonish the world in his seminal work, Leviathan, where the famous passage describes the natural state all human beings find themselves in until the rescue by political community or social contract, that the life of man is “solitary, poor, nasty, brutish and short.”

But whether by social contract elevating the aggregation of humans into defensive communities envisioning civilization and cultivation beyond the penury of life’s misgivings, or some utopian belief that can result in avoidance of that which is inherent to us all, the fact is that suffering can at best be contained and limited, but never extinguished or eradicated.  Life famine, viruses, cats, weeds, moles, droughts and diseases – we can inoculate against and quarantine as best we can, but they keep coming back and rearing their heads up even after exhausting their nine lives and filling in the holes they have dug.

Suffering is, in the end, that which is there for a purpose – of allowing for feelings; of contrasting the opposite of ecstasy and joy, without which there would be no comprehension nor appreciation, as “being” cannot be understood without its flip-side, “nothingness”.  Thus, the question must always come down to:  Not “whether” it must be, but to what “extent” it needs be.

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 positional duties, it may well be that you have reached a pinnacle point of suffering such that preparing, formulating and filing an effective Federal Disability Retirement application, submitted to the U.S. Office of Personnel Management, becomes a necessity.

Every Federal or Postal employee, whether under FERS, CSRS or CSRS Offset, must make the “right” decision for him or her self, as to the timing, the substantive event and the future securitization for livelihood’s sake.  It is, in the end, suffering itself and the medical condition that overwhelms, that often determines such a course of action, and that is a very personal decision that each individual must decide in the most appropriate of circumstances.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: No time for empathy

Perhaps its disappearance and rarer occurrences are not because of defection of angels and loss of virtue from the circumference of human character, but for a much simpler reason:  We have no time for it, nor patience, nor capacity to embrace.  Often, the intersection between the reality of our social constructs and the loss of moral foundations mixes and makes obscure the ability to assign blame and causal connection to one or the other, but it is the cumulative and inseparable combination that results in the dire consequences we witness.

This technologically sophisticated world has no time for empathy.  All of that incessant talk about “connecting” and the importance of remaining constantly online, in-tune and involved in the virtual universe of Facebook, Snapchat, Tweets, text messaging, cellphone and other such modalities of electronic connectivity, the reality is that – from a purely objective perspective – each of the methodologies of communication are comprised of an illuminated screen with written words without warmth, human feeling nor organic nerve endings.

We communicate by means of those androids we created, expecting that exponential quantification of mechanical complexities can somehow qualitatively enhance our humanity, when in fact each such invention insidiously depletes and deteriorates.

Once, we scoffed at Chiefs and other indigenous characters who believed that the mystical capturing of one’s image by cameras and Daguerreotypes robbed and confined one’s soul, and now we make fun of those who believe that human contact is lessened by the tools of mechanized warfare; and so we decimated all tribes and their leaders, and leave behind in history books lost in the dusty shelves of an unread past the images robbed and lessened, and arrogantly giggle at those who complain of modernity and the technology of communication.

Empathy takes time.  We have no time left.

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 position, if waiting upon one’s agency to reveal and manifest some semblance of human empathy has been a patient discourse of frustration, you will not be the only one to experience such disappointment.

The fact is, empathy is a rare commodity, and showing its face of value is a search of futility more and more each day because of its scarcity.

Waiting for the Federal Agency or Postal Facility to accommodate your medical conditions?  Empathy is required, and nonexistent.  Expecting helpful information and cooperation from your Human Resource Office without fear of leaking sensitive information to coworkers and supervisors?  Empathy is necessitated, but clearly lacking.  There is no time for empathy, and it is better to begin the process of preparing an effective Federal Disability Retirement application without relying upon that which cannot be found even in the far corners of humanoid tablets we sit and stare at each day.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Stuff of Life

Aristotle refers to the underlying unchangeableness of the world we encounter, in contrast to the cosmetic alterations which appear to defy the constancy of the universe, thereby bringing together the two poles of philosophical opposition as represented by Heraclitus and Parmenides.   That “substratum” which underlies it all, and of which Heidegger sought to unravel and make known; for the everyday person, it is the “stuff of life” that we must deal with.

Things happen (which is a more genteel way of putting it, as opposed to the colorful vernacular by which it is often known), and the aggregation of all of the compendium of cumulative such bundles — of bad childhoods, decisions we make, corners we turn, the stresses which bombard, marriage, children, the inconstancy of life’s trials and travails, and medical conditions which impede and debilitate  — some are mere appearances which dissipate as time endures, while others constitute the substratum, or the Forms of Platonic Philosophy, and must be accepted as the essence of our very Being.

For Federal employees and U.S. Postal workers who must endure the hardship of surviving through a medical condition, where the medical condition itself begins to impact the ability and capacity to perform the essential elements of one’s Federal or Postal duties, that “stuff” must add one more component:  the reaction of the Federal agency or the U.S. Postal Service, in attempting to accommodate the medical condition which prevents the Federal or Postal employee from performing the essential elements of one’s positional duties.  Stuff happens, and the stuff of life must be dealt with.

For Federal and Postal workers, the question of preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset, is one which must begin with the core of human need and daily suffering.

Do we wait until all appearances fade away, and we are left with nothing but the exposure of what remains?  Do we “fight on” until the essence of who we are is lost forever?  That is often the conflict which must be resolved, and to which the Federal or Postal employee must resign him or herself to — of whether the Federal or Postal job is merely another one of the “stuff of life“, or have you made it into the Staff of Life?

Sincerely,

Robert R. McGill, Esquire

 

Federal Medical Retirement: Those Rare Moments of Clarity

They come under unexpected circumstances, in inconvenient durations, and by the twilight of moon when sleep is required but the sought-after lull of morning sunrise interrupts despite the caverns of echoing remembrances of memories once savored, but like wisps of willows floating effortlessly down valleys of dreamy cascades, we reach out to them in the middle of the night, only to grasp at the emptiness in darkness surround.

Poetry was once upon the lips of strangers, as the Elizabethan Era represented the golden age of linguistic fervor; but like all such resurgences of purported renaissance, the period lasted but for a moment in history, as epochs of fallen dinosaurs became fodder for oil slicks and Disney movies.

It is often in the very contrast of opposites that clarity comes to the fore; and thus does the mundane and the boredom of constancy do a disservice, by maintaining a semblance of normalcy and unfettered favor.  When does that moment arrive?  Often, it is in the midst of pain that we see through the hypocrisy of that solemn friendship; and in the endurance of suffering, the truth behind the facade of relational contentment.

For Federal employees and U.S. Postal workers who finally come to a realization that the “mission of the agency” is not quite as important as one’s own health and well-being, it is often almost too late, but never quite so.  Federal Disability Retirement benefits are there for Federal and Postal employees who can no longer perform all of the essential elements of one’s positional duties, due to a medical condition — whether physical, psychiatric, or a mixed emotional combination of both — which prevents them from doing so.

The problem is one of self-flagellation; of thinking that to file for Federal Disability Retirement is to somehow have let others down, become a turncoat, or have failed in the eyes of “them”, as their expectations have not been met and the crestfallen expressions demean and devalue the efforts expended thus far.

Clarity comes in small caches of catatonic canopies of cornered consciousness; when it does come, one must grab it and never let go.  Society always tries to bamboozle; but when the Federal or Postal employee faces the stark choice between the greater organism of harm, or the lesser evil in favor of one’s health and future security, that rare moment of clarity must be decided upon within a wink of time, before the door of perceptual horizons slams shut again, and you are left forever in that darkness of ignorance where shrieking gnomes are tortured by day and flesh-eating gargoyles creep about through the night.

Sincerely,

Robert R. McGill, Esquire