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

 

OPM Disability Retirement: Things not likely to happen

It is not likely that tomorrow morning you will wake up and find that aliens have taken over the earth (although, if one were to read various supermarket tabloids, that has already occurred many times over, both while asleep and awake); it is not likely that you will win the lottery with that last dollar spent on running a random set of numbers (though millions each day shell out astronomical sums in the aggregate with dreams – and sometimes actual plans reflected upon – of what one will do “when” the improbable event will happen); and it is not likely that the email received the other day from some banker in Burkina Faso who wants a “trusted friend” to allow for a transfer of a cool $100 million and would allow you to keep half of it just because you happen to be the only person in the universe who has a bank account and can keep a secret, will actually honor such a request.

Nevertheless, people actually consider such fantasies, and to the detriment of those who do so with serious intent, harm themselves either by delaying what could be done, setting aside the reality of what needs to be accomplished, and turning over valuable time to endeavors not likely to happen.

Often, and unfortunately, medical conditions have that same characteristic – of things not likely to happen.  It begins by happening – of a medical condition that should not have been, or is seen to be “unfairly” targeting a particular individual, and a period of disbelief ensues where the question is, “Why me?  Why not the other guy, instead?”  Then, once the phase of acceptance comes about, one begins to adapt, compromise the levels of acceptability and quality of life, and modification of expectations surely follows soon thereafter.  Then, one hopes, prays, angrily shouts to the heavens or otherwise with quiet resignation begins to ruminate – yes, the medical condition may be unfair, but so is the lot of life we all live.

And the principle of things not likely to happen applies to Federal employees and U.S. Postal workers who need to prepare, formulate and file for Federal Disability Retirement benefits, as well, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  For, the things not likely to happen includes: The medical condition will just go away; the Federal agency or the U.S. Postal Service will just let things slide and be very understanding; the Federal agency and the U.S. Postal Service will actually accommodate your medical condition; the Federal agency or the U.S. Postal service will find you another job at the same pay or grade; the Federal agency or the U.S. Postal service will grant SL, AL or LWOP in unlimited amounts so that you can attend to your illness or medical condition; and the Federal agency or U.S. Postal Service will show empathy, sympathy and understanding and make you feel “welcomed” while you endure one of the most difficult periods of your life.  Not.

Sincerely,

Robert R. McGill, Esquire

 

 

Medical Disability from Federal Employment: Predatory Pathologies

It is unnecessary to study the tendencies of other species and their internal drive to be who they are; for, it is presumed, the innate structure of their genetic makeup becomes the paradigm for self-explanatory justification, and like all conundrums of deviations from synthetic or analytic statements, the self-identity of the process itself makes it abundantly unclear.

Predators are by their very nature self-identifying; it would be a nonsensical proposition to ask the question, “Why”, in connection with the lion or cheetah that hunts and kills; or for the hawk, eagle, and even the household cat, despite their fuzzy beauty of cuteness and domesticated aplomb.  But of man, we question incessantly; of the long history of wars, cruelty, mass murders and genocide, the paradigm is one of puzzlement despite the footprints of self-explanatory consistency.

The need to act civilized in an antiseptic universe of artificial constructs jolts one back into the reality of who we are when deviations from such carefully created models shatter the very essence of our imagined parallelisms of worlds built upon virtual realities, and so we cry for such aliens who never were.  Barbarism tends to do that; and simple meanness in the workplace often shocks.

For Federal employees and U.S. Postal workers who suffer such rude awakenings, perhaps it is because of the disconnect between what we thought we were a part of, and the reality of what is.  That “disjointedness” is often easily attributable to the “medical condition” from which one suffers, and to which everyone else points for justification of bad behavior.

For, the Federal or Postal employee who suffers from a medical condition, where the medical condition impacts and prevents the Federal or Postal employee from performing one or more of the essential elements of one’s positional duties, the focus becomes the Federal or Postal employee, and the predatory pathologies which erupt and shed their thin veneer of civilized behavior become justified because of the loss of “mission accomplishment” of the agency, or some such balderdash of scientific explanation.

The plain fact is that there are bad people in the world, and no amount of studies of predatory pathologies will help to set aside the negative behavior of people within Federal agencies or the U.S. Postal Service.

The solution for the Federal or Postal worker who suffers from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s positional duties, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is to file an effective Federal Disability Retirement application through the U.S. Office of Personnel Management.

Let the Federal agency and the U.S. Postal Service worry about the “mission of the agency”; that will continue with or without you, as all bureaucracies do, just as predatory pathologies will persist despite multiple studies to the contrary.

Sincerely,

Robert R. McGill, Esquire