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
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Disability Retirement for Federal Government Employees: What not to say
Of course what not to say is as important as the things one says. Such a warning is true in most contexts — social; professional; personal; familial; in either private or public settings. We are taught that at an early age, and continue to feel its social and cultural “bite” throughout adulthood, until one has (hopefully) gained some wisdom throughout the years.
Some never learn it — perhaps because they never had to endure the consequences that naturally come about, or simply don’t care or, in the very rare instance of uniqueness, do not need to care either because of wealth, power or prestige that, like the teflon individual, no amount of social crudeness will wipe the sheen away.
“Don’t stare” is an admonition that parents make early on — another form of “what not to say”, except this one in correcting a non-verbal action. “Don’t say things that are hurtful”, or “Don’t divulge private information to people you don’t know”, as well as the one that has to be balanced with concerns about putting too much fear into a child: “Don’t talk to strangers”.
It is, indeed, the “don’ts” in life that define the social graces within acceptable normative behaviors, and as the spoken work (or the written, as the case may be) takes up so much of human interaction, what we learn not to say, how we act and are restrained from acting, often defines the extent of a person’s maturity and learning.
It is often the negative which defines the positive — i.e., what we do not see is rarely noticed, but constrains that which is revealed (the positive) so that the unseemly and rough edges have been worn away, manifesting a smoothness that borders upon beauty. But never underestimate the destructive force of that which is negated; for, if forgotten, it will resurface and damage.
Thus, for Federal and Postal employees who suffer from a medical condition such that the medical condition is beginning to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, always remember that — in preparing, formulating and getting ready to file a Federal or Postal Disability Retirement application — it is important to keep in mind those things NOT to say or reveal; for, once you admit freely a legal basis upon which a denial becomes a certainty, it is difficult to retract that which is revealed.
So, in the end, your parents are proven right: What they told you NOT to say is precisely the rule to follow. The problem, however, is that when it comes to dealing with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, you will need to consult with an experienced attorney who specializes in Federal Disability Retirement Law in order to comprehend the full import of what not to say.
Sincerely,
Robert R. McGill, Esquire
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