The 2nd OPM and 3rd MSPB Stages: The True Reconsideration

Filing for a FERS Disability Retirement application is a long, arduous, and complicated bureaucratic process.  Preferably, one would like to obviously be approved at the First (INITIAL) Stage of the Process.  But these days as the U.S. Office of Personnel Management (OPM) is not easily inclined to approve a case at the first stage, it is the Second (Reconsideration Stage) which is a crucial and important event in the process.

At the Reconsideration Stage, 2 important factors are presented:  First, you have the chance to correct any alleged deficiencies which OPM points out, and; Second, and just as importantly, you can begin to prepare the way for an MSPB Judge to see the strength and coherence of your medical case.  For, if OPM denies you FERS Disability Retirement benefits a second time, it will then have to be appealed to the Third Stage of the process — an appeal to the U.S Merit Systems Protection Board (MSPB).

But as most opportunities are presented, the best way to approach this 2nd OPM Stage is to see it as a dual-purpose response:  First as a response to OPM’s Denial, and concurrently, as a legal argument to the potential MSPB Judge.

Furthermore, what OPM never tells FERS applicants is that a further “reconsideration” — a re-reconsideration — will occur if OPM denies the case a second time and an appeal is filed to the MSPB.

This is because the OPM Legal Specialist who will represent OPM at the MSPB will automatically review the case in its entirety, and re-reconsider it anew from an entirely different perspective – that from a legally sufficient perspective — in the same way, that the MSPB Judge will view it.

This is because the MSPB is a legal forum and not a bureaucratic forum —which brings us back o the “second” point in responding to an OPM Denial at the Reconsideration Stage — not only to correct any alleged deficiencies pointed out by the Office of Personnel Management, but moreover, to make persuasive legal arguments which point to the legally sufficient cogency of your application.

Thus, the Reconsideration Response should always include a Responsive legal memorandum arguing the applicable case law in preemptively preparing for the MSPB.  This not only prepares the way for arguing the merits of your case with the MSPB Administrative Judge but also gives a warning to OPM that your case will be legally invincible if and when it is appealed to the MSPB.

The best approach is to do things well from the very beginning, but even if your disability claim was already denied at the First Stage, for more reasons now, you need to contact a FERS Lawyer who specializes in Federal Disability Retirement law and prepare your disability case for the first appeal and reconsideration, but who also will assist you with the preparation of the “true reconsideration” stage — the re-review at the MSPB.

Sincerely,

Robert R. McGill
Specialized attorney exclusively representing Federal and Postal employees to secure their FERS Disability Retirement benefits from the U.S. Office of Personnel Management.

 

OPM Disability Retirement under FERS: Future Uncertainty

Is it redundant to place the two terms together?  Doesn’t “uncertainty” by definition encapsulate an assumption of the future?  For, whatever is occurring in the present is an established fact; that which is in the past, already solidified as a certainty precisely because it has already passed and cannot be changed — the very definition of “certainty”.  Yet, there is something necessary in ascribing uncertainty to the future; for, it provides a perspective, a chasm, a “chance” to correct the gap of lacking solidity; it allows us to act.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition prevents the Federal or Postal worker from performing all of the essential elements of one’s Federal or Postal job, it is the uncertainty of the future which is often what one is unable to bear.  Will I be terminated?  What will happen to my years of service?  What if I don’t qualify for OPM Disability Retirement?

Contact a FERS Disability Retirement Lawyer and see whether or not some modicum of certainty can be asserted from a universe replete with future uncertainty.

Sincerely,

Robert R. McGill, Esquire

 

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

 

FERS Disability Retirement Benefits: Fooling ourselves

It takes extraordinary intelligence to play the fool, and an even greater cleverness to fool oneself; just read a few lines from Shakespeare’s King Lear, and the interaction between Lear and the Fool, and one realizes the extensive capacity of self-indulgence in the deception of man in his need to guard his own ego.

In fooling one’s self, does one fool others, as well?  If a person takes on a persona, lives in a fantasy world, creates an identity separate and apart, and yet becomes consumed by the double-life to the extent that he or she comes to believe one’s own creative imagination, does the fact that others who knew the person from childhood onward destroy the fool’s own universe of make-believe?

Of the old adage and Biblical admonition that prophets are never accepted in their own hometown — is this because those who know a person from early life, “know better”?

If we fool ourselves only within the contained universe of our own thoughts, and never let the fantasies “seep out” into the objective reality of other’s awareness, have we fooled ourselves?  Others?  Is living a “double-life” the same as fooling ourselves and others, or is it only when we fool those closest to us where the “double” makes a difference?

What about hiding a medical condition?  What if a person is on anti-depressants or other psychotropic medication regimens, and yet everyone else believes that person to be the envy of the world, of the very definition of “happiness” exponentially quantified, until one day that very person is committed to an intensive psychiatric hospital and it comes out that he or she is the most unhappiest of individuals — has that person fooled himself, others, or both?

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, a great deal of “fooling” must go on in the interim.  You may overcompensate; you may appear to others to be “just fine”; and the tailored seams of normalcy may continue on for some time, until the wear and tear of self-deception begins to take its toll.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the first honest step towards being “true to one’s self”, and like the fool in Shakespeare’s King Lear, it is the capacity of the King fooling himself, and not the honesty of the fool, that makes for the tragedy that ensues.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Independence Day

Each country with a colonial past celebrates it; though, for some, separation may not have been accomplished through violent revolution, but via natural evolution by decoupling of cultural and economic ties.  Then, of course, there are individual demarcations of personal milestones; of becoming an adult; of the first habitat away from childhood memories; or even a first paycheck replacing the dependency of an allowance bundled in caveats of emotional connections veiled in subtle admonitions of responsibilities, adolescent resentments and the proverbial cutting of the lawn by a weekend warrior.

Time normally takes care of such sophomoric interludes, and replaces those seemingly significant torch-passings with other, more relevant and impactful events.  We tend to place great metaphysical significance upon a particular day, as the cornerstone and marker representing a transcendent relevance, and all the while allow for the symbols to disintegrate in the tatters of modern decay.

Revolutions rarely attain the goals sought; for, it is the days and decades thereafter which matter, in daily preserving an unextinguished light which remains fragile and dimming but for patriots who sacrifice for naught.  Clubs and associations form, like cottage industries propagated by deliberate avenues of greedy excess; the daughters or sons of this or that revolution, and lineage becomes of importance, while the names of unmarked souls lying anonymously beneath the bloodied soils where trumpets once blared and orders fulfilled, and the dying screams of sons crying out for motherless children left in the poverty of a forgotten past, fade as memories and the aged pass on.

Can a people who remembers not the dates of demarcating moments last for long?  Must nations celebrate in order to garner the enthusiasm of civic pride, or can mere greed, money grubbing endeavors make up for loss of flag waving and patriotic fervor?  In the end, it is how we treat the most vulnerable and weak, which reflects upon the ardor of our sincerity.

For Federal employees and U.S. Postal workers who suffer from a medical condition, and who must 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 question of independence is a significant one — for it is a turning away from that which continues to harm, whether through greater stresses upon the body, mind or emotional stability; and the severing of ties is a real one, and not just a symbolic quiver in a parade of trumpets and gleeful shouts; no, Independence Day for the Federal or Postal employee who successfully maneuvers through the bureaucratic maze of an administrative nightmare in order to attain a Federal Disability Retirement annuity, is a day indeed of significance and import.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Long Goodbye

The relegation to the basement office; the loss of niceties with coworkers; the negation of superlatives from higher ups; the clues become overt, blatant and uninviting.  Long goodbyes are often fertile ground for the souring of relationships forged over decades, and human interactions which reveal a perversity once thought uncommon.  Does the past count for anything, anymore?

Medical conditions and their impact are meant to evoke empathetic responses; instead, they often bring out the worst in humanity.  For Federal agencies and the U.S. Postal Service, they portend of headaches and interruption of efficiency; they are a bother.  For the Federal employee and the U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to prevent one from performing one or more of the essential elements of one’s positional duties, the growing absences, the need to attend to one’s medical conditions — all become the priority of life and living.

From the agency’s viewpoint, it is a malignancy of logistical magnitude; another problem to be solved; and the longer the goodbye, the greater the extenuating interruption.  It is this clash of interests which calls for resolution.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, is an indicator to the agency that there is an end in sight, and once filed, it is merely a waiting game before finality of decisions is reached.  Often, the mere filing relieves the increasing pressure felt, like the encasement of boiling water which needs an outlet.

Medical conditions often require a long journey of sorts; it is the long goodbye which makes it all the more evident.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Attorney: Playgrounds and the Collective Institution of Fair Play

We learn it early on; the unstated rules, the lines which may not be crossed, and to be weary of those whose reputation precedes them for the blatant disregard of both.  How they are learned; what they are; whether explicitly stated or impliedly conveyed; few, if any, have a memory where the Head Mistress of the Universe of Playgrounds sat us all down and said, “Now young ladies and gentlemen, here are the 10 rules of fair play.”  Regardless, we all somehow came to recognized and apply them.

Wittgenstein provides some valuable insight into the way we learn the language games involved in game-playing; much of it is through sheer doing, an ad hoc manner of practical reasoning and applied rationality.  And then, of course, we become adults (yes, at least most of us do; some, left behind on the playgrounds of life, remain as infantile cherubim, clueless and naive to the cynical ways of the world); and it always seems as if the same ones who violated the rules of the playground are the ones who flaunt the normative constraints of the greater universe.

For Federal employees and U.S. Postal workers who are formulating a strategy for filing a Federal Disability Retirement application, whether one falls under the general aegis of FERS, CSRS or CSRS Offset, the question often must be confronted as to the Supervisor, Manager, or even a fellow coworker who is pining for a confrontation and direct disregard of the collective institutional enforcement of what everyone else knows as “fair play”.

This, despite the fact that there are multiple Federal laws governing treatment of individuals with known medical disabilities.  But the Federal “system” of retaining workers with medical conditions and disabilities, and the perfunctory requirement of accommodations and the search to provide adequate accommodations, undermines any compelling force to restrain the playground bully.

OPM Disability Retirement benefits, filed either through one’s own agency if one is still on the rolls of the agency; or if separated, but less than 31 days since the official date of separation, in either case must be filed through the Human Resource Department of one’s own agency, or through H.R. Shared Services for Postal Workers (located in Greensboro, North Carolina); or, if separated for more than 31 days, then directly to the U.S. Office of Personnel Management in Boyers, PA.

In the end, things rarely change much, if at all.  Those collective institutional enforcement mechanisms learned on the playground — tattling to the playground monitor or to one’s teacher; talking to one’s parents, etc. — end up with a snicker and a sneer.

Yes, society has become well aware of bullies and mean people, but they have been around longer than the oldest profession in the world, and the collective institution of fair play and the playgrounds upon which they played out, will continue to witness backstabbing and surreptitious violations, transferred universally to the places where adults play, and where the most vulnerable in need of the greatest protection, still must do things the old fashioned way:  reliance on sheer luck, or to seek the best legal advice possible.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employees Disability Retirement System: The Stradivarius

It has come to represent a superlative; a standard of excellence which cannot be exceeded, and considered as the penultimate achievement beyond which only angels and heavenly bodies can ascend to, or hope to touch like the light mist of dawn slowly rising to the tips of the alps wrapped in the greenery of nature’s untouchable paradigm.

The history of related intrigue is without match, as well; of the secrets protected within the family of instrument makers; of smugglers and thieves and the attempts by collectors to preserve the remaining authenticity of those made by the master of violins; and the keen eye ever wary of impostors and counterfeiters.

For Federal employees and U.S. Postal workers who are considering preparing, formulating and filing 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, it would be well to always keep the symbol of excellence in mind, as the goal to achieve.

The shabbiness of putting forth a half-hearted attempt at anything is demeaning; an achievement through error or accident is rarely of any consequence; but by reaching a height of excellence within the context of suffering from a condition which impacts one’s ability to perform the essential elements of one’s job, is to recognize the worth of one’s capacity to still maneuver the winding complexities of this confounding world.

The gathering of proper medical documentation; the clarity of expounding the necessary bridges and legal argumentation in compiling an effective OPM Disability Retirement application; these all need to come together, like the master’s hand in constructing an instrument of heaven’s whispers.  The daunting task of facing a bureaucracy can always be disheartening; the goal of achieving a successful outcome, however, should always be the eye which guides, and excellence the key to that endeavor.

For the Federal and Postal employee who wants to file for Federal Disability benefits through OPM because one’s Federal or Postal career has now come to an end, the final step in creating the music of an orchestrated exit should be to ensure the excellence of an OPM Disability Retirement application, in order to step into the next phase of life, and to achieve the subsequent future for a Stradivarius achievement.

Sincerely,

Robert R. McGill, Esquire