OPM Medical Retirement Lawyer: Acrylic Acrimonies

It usually refers to paints, but is technically an acid used to form polymers, and may be mixed in order to manufacture compound elements for plastic and other synthetic products.  The second part of the short alliteration refers to the bitterness which develops when failure, or a perceived failure, begins to gnaw at the edges of sanity. The slow, incremental, eating away at a life of accomplishment and productivity, can come when once the self-discipline of setting insurmountable parameters has been ignored or otherwise untended.  Bitterness is a state of regret, reserved for old men and furies left uncontrolled.

Acrylic acrimonies, then, describes a state of being where a kaleidoscope of bursting colors coalesce with a temperament sharpened by disappointment.  Such conceptual compounds can be creatively presented, in order to provide a framework for a mellifluous flow of linguistic metaphor.  For, as sudden and unexpected events in a person’s life can cut short an expectation of future accomplishments yet to be realized, so acrylic acrimonies can provide a scented dye to a life once calm and collected.

Medical conditions tend to bring out the acrylic acrimonies festering below the surface of a calm aptitude of competence.  For, whatever diagnosis is ascribed to a given medical condition, the mystery of deterioration still scares us.  The turmoil that one must undergo when confronting a medical condition further exacerbates the state of disarray.  For the Federal employee or the U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to impact one’s ability and capacity to perform all of the essential elements of one’s positional duties, it may be time to 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 explosion of acrylic acrimonies may burst forth and be forever unconstrained, and thereby destructive beyond the intended beauty which color and paint should represent.  As red represents the color of anger, and blue the morose hue of anguish, so bitterness should remain a lonely stranger unfulfilled lest an artificial compound synthesizes forever a sense of disappointment in life.

Medical conditions can be traumatic; but the trauma of destruction through illness or disability can be somewhat ameliorated if one can reach a period of rehabilitation where the interruption of a career can become a plateau of peace.  Filing for Federal or Postal Disability Retirement benefits can allow for the beginning of a new phase in life.  Getting from the trauma of a medical condition to the receipt of an approval from the U.S. Office of Personnel Management, is the goal to attain that level of peace.  Leave behind the acrylic acrimonies for others to step into; it’s not worth the price of the can of paint.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Medical Retirement: The Concealment of Emoticons

They replace the true face of humanity.  Pasted with a quick tap of a computer keyboard, they allegedly represent the state of emotional being of a person, at a given time, within a granted context, in the course of an interplay accomplished in diatribes of virtual reality.  Contrast such antiseptic encounters with the profound agony felt in Anton Chekhov’s short story, “Grief” (or sometimes otherwise entitled, “Misery”), and one begins to comprehend the depths of distancing depravity that people have fallen to in an attempt to bifurcate humanity from personal contact.

Whether the emoticon truly represents the state of one’s psyche at the time of pasting the cartoonish face upon a screen, or it merely conceals an underlying turmoil otherwise safely hidden, is besides the point; the encounter of exponential removal is determined, and unlike the sadness felt by Iona Potapov in attempting to relate the story of his son’s death, it can be quickly posted, expediently dismissed, and immediately turned aside to engage a different topic altogether.  But human history finds few factors new to the universe; the young always believe that human innovation and articulations of deceitful demarcations of denouements in the linear chains and linkages of human endeavors are only recently discovered, when in fact artifices built to conceal the true nature of a person’s state of being have always been constructed, for reasons left to guessing and implication.  Individuals who suffer from medical conditions become adept at such masking.  In Japan, the Noh players wear masks which reveal various emotions; yet, depending upon the angle of view, the lighting upon the mask, and the perspective of the audience, the emotion itself can be altered from scene to scene.

Federal employees and U.S. Postal workers who must daily conceal the authenticity of their state of turmoil, whether because of the lack of empathy by their agency, or because societal norms dictate the extinguishment of any open display of human states within the context of a workplace, know well the trauma of conflicting contradictions between the public face and the private reality.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS-Offset, is a viable option to consider when the cumulative impact of hiding one’s pain, concealing the daily turmoil, or overstepping one’s welcome has passed the pinnacle of surface meanings.  There comes a point when work loses its meaning at the intersection of a medical condition impacting the value of health, family and future.

Federal employees and U.S. Postal workers have a choice in the matter; the option is to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management; and like pasting an emoticon as a farewell wave as one is departing the Federal or Postal sector, so the telling of one’s grieving story as Iona does to his horse, is the true framing of human value, where one’s worth is determined not by virtual reality, but the evocation of a touch of warmth in holding one’s hand.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement: The Emotional Quotient

To “walk in another person’s shoes” is a sentiment which attempts to foster empathy for the plight of another.  We tend to believe that if the “other person” had an understanding of the entirety of one’s circumstances, that there would awaken an altered perspective.

“Feeling”, of course, is quite different from “knowing”, and thus do we have, in this era of modernity, that which is identified as one’s “emotional quotient”, as distinct from the traditional “IQ” criteria.

For the Federal or Postal employee considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the conceptual distinction between “feeling” and “knowing” is one which should be considered throughout the course of putting together one’s Federal Disability packet.  For, it is ultimately a third party — a stranger in a gargantuan bureaucracy, the U.S. Office of Personnel Management — who must be “touched” in order to approve one’s Federal Disability Retirement application.

What is said; how it is said; the compliance with the legal criteria applied; how persuasive; whether the emotive content follows and reinforces the factual delineations; and the extent of the logical nexus created between one’s Federal position and the medical condition suffered; all of these in their complex intersection and combination serve to create a picture of a person’s medical condition, and the impact of that condition upon one’s ability/inability to perform one or more of the essential elements of one’s job.

One can approach the entire endeavor and simply say, “The only thing that matters is whether you meet the legal criteria or not”.  On the other hand, you may consider that, as human beings are fallible creatures, and not mere automatons, there may well be an emotional quotient which must be factored in, and in order to tap into such a vast resource of non-objectivity, one must consider one’s words carefully; for, in the end, it is language which creates the picture, as in the very picture of “walking in another’s shoes”.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: Time and Clarity

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, two primary elements must be shown:  A.  That one suffers from a medical condition such that the medical disability prevents one from performing one or more of the essential elements of one’s job, and B.  That the medical condition will last for a minimum of twelve (12) months.  This second part of the requirement — the 12 month period — can bring about some interesting issues.

Despite the simplicity of what it requests in terms of information, the issue is often confused and confusing.  Federal and Postal workers contemplating filing for Federal Disability Retirement benefits will often wonder whether one has to be “out of work” for a period of 12 months before even filing (somewhat similar to SSDI, where one must be out of work for a specified period of time) — but that is not what the statute requires.  What is required is merely that the medical condition must have a duration of at least 12 months, and so a prognosis should suffice — i.e., if the medical condition suffered has lasted for 5 months, say, and the doctor provides a prognosis that it will continue for a minimum of 2 – 3 more years, and perhaps permanently, that should satisfy the legal requirement of a medical condition lasting for a minimum of 12 months.

On the other hand, when the doctor states that it has lasted since X date and will be a “permanent” condition, that should also satisfy the legal requirement.  However, OPM will often fail to comprehend what “permanent” means, and will deny a case based upon the fact that the “12 month period” has not been met.

Further, the issue of “when” a medical condition began is an interesting one, because if one goes too far back, then that may show that despite the medical condition, the Federal or Postal employee has been able to perform the essential elements of one’s job.  The question is thus not one of “when the medical condition began”; rather, the question is one of “when did the medical condition prevent one from performing one or more of the essential elements of one’s job.”

Clarity is the key, always, and when one is dealing with Claims Specialists at the U.S. Office of Personnel Management who are reading multiple files day after day, and confusing and confounding one with the other, making certain that the medical reports, legal arguments and Applicant’s Statement of Disability are clearly and concisely delineated, will help to guide OPM to a proper and successful decision.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: “If Only They Understood”

Preparation of a paper presentation to the Office of Personnel Management must result in a product which is concise, effective and persuasive.  

The last term of the tripartite phrase, “persuasive”, is often the most difficult for the Federal or Postal employee, whether under FERS or CSRS, to objectively assess in a neutral, non-involved manner.  This is because the unrepresented Federal or Postal employee who attempts to prepare, formulate and file a Federal Disability Retirement application under FERS or CSRS is identical to the subject of the prepared application, and thus often has the approach and attitude of, “If only the case worker at the Office of Personnel Management knew what I am going through.”

Persuasion, the art of persuasion, and effective persuasion are comprised of a delicate balance between saying too little and overstating a case.  It is the ability to convey a state of facts which are confirmed by the medical records; involving a narrative which touches upon empathy, sympathy and a sense of pain or condition which the reader and recipient can somehow relate to; constrains ancillary issues which tend to detract from the central point of the narrative; and concludes with the idea that all of the “legal criteria” have been met.  

Obviously, it is through the power of words which such a persuasive Federal Disability Retirement application, submitted to the Office of Personnel Management, must be presented.  When the subject of the words is identical to the author of the words, the emotional turmoil is often mis-directed in the preparation of the Federal Disability Retirement packet.  

In the end, “if only OPM understood” — can become a reality if and only if the applicant understands first the objective legal criteria which must be met; then proceeds to meet those criteria in a systematic, detached manner; yet at the same time understanding the power of persuasion.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Quality & Quantity of Medical Report

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, it is often asked as to the quantitative sufficiency of the medical documentation to be submitted.

Qualitative sufficiency for Federal Disability Retirement applications, at least on a generic level, is an easy one to answer — the substance of the medical documentation must meet the legal standard of proof.  If the Office of Personnel Management or the Merit Systems Protection Board approves the Federal or Postal employee’s Federal Disability Retirement application under FERS or CSRS, then obviously both the quality and quantity of medical documentation met the standard of proof.  

But an answer based upon “after the fact” circumstances is rarely useful; the generic answer of, “Submit medical evidence such that it meets the legal burden of proof, of Preponderance of the Evidence”, might be well and good, but what does that mean?  

Ultimately, the reason why such questions as to sufficiency of medical documentary submission cannot be answered in a generic manner, is that each particular case is unique, and any imposition of a general rule is dangerous because, the moment the general rule is followed and violated (with a denial from the Office of Personnel Management), then the rule becomes obsolete and irrelevant.  

The quality of the medical documentation to be submitted must ultimately show to OPM that each of the legal criteria are met, and that there is a nexus between one’s medical conditions and the type of work that one performs.  

Quantity of medical documentation is ultimately determined by the quality of the medical narrative.  While generic in scope, the general approach is that one should submit only the extent of medical documentation sufficient to prove one’s case; and in each particular case, what that proof must consist of, is unique, particularized, and ultimately personalized to the individual Federal or Postal Worker who is preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Simplicity of the Process

In becoming deeply involved in the morass of the bureaucratic process of preparing, formulating and filing a Federal Disability Retirement application under FERS and CSRS, it is often easy to become frustrated with the inherent complexity of the process.  

Because of the multi-faceted complexities of the administrative process (e.g., obtaining the proper format and language in a medical narrative report in order to meet the legal criteria for eligibility; creating and nexus between the essential elements of one’s position in the Federal Service with the symptomatologies of the interaction between the medical conditions and the essential elements; understanding and applying the various statutory authorities and legal precedents which have evolved over many years; of preempting — if necessary — statements by the Agency or the Supervisor; and multiple other issues to be addressed concurrently), it can be frustrating for an injured or disabled Federal or Postal employee to attempt to pull all of the intricate strings together into a singular yarn of coherency and succinct presentation of a narrative form.  

Such is the time to remind one’s self of the simplicity of the process — of the 3-part essence of a Federal Disability Retirement application which will ultimately be a paper-presentation to the Office of Personnel Management.  First, the medical narrative must be simple but concise, and must provide a proper bridge between the medical condition and why a Federal or Postal employee is unable to perform one or more of the essential elements of one’s job.  Second, one’s Applicant’s Statement of Disability must be consistent with the medical narrative reports — neither understated nor exaggerated, and guided by truth. And third, it is important to understand and apply the legal precedents, and use the law as what it is intended for — a tool for both a shield and a sword.  In life’s complexities, it is important to maintain a paradigm of simplicity.  Unfortunately, it is often the simplest forms which constitute the height of complexity.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Complexity and Tailoring

Every Federal and Postal Disability Retirement application under FERS or CSRS is unique because of the particular medical conditions which comprise the specific factual makeup of each case.  

That said, there are various “templates” out there, put out by services and attorneys, who have formulated a methodology based upon a template — often, based upon a past success or two.  While templates are fine, one must always be careful that the uniqueness of a particular case is never lost.  For, ultimately, every Federal and Postal disability retirement application under either FERS or CSRS inherently contains a uniqueness because of the particular complexity of the case.

As such, each case must be tailored to reflect the uniqueness of that case.  There are certainly recurring themes and contextual frameworks, as well as statutory references and case-laws which repetitively apply to most, if not all, cases.  But such generalized applications must nevertheless be tailored to fit and apply to the particular facts and circumstances of a case.  Beware of borrowing from, or hiring someone to apply, a “One size fits all” approach.  You may find that you went to the wrong tailor.

Sincerely,

Robert R. McGill, Attorney