Federal Disability Retirement: Annoyance or Irritant

They are both nouns, but the difference is one of perspective — of the view or angle from which it is felt, experienced, encountered or received.

To that end, it encapsulates the dichotomy between subjective and objective; for, the former normally refers to one’s subjective experience, the state of being or the sensation the “subject” experiences; while the latter refers to a substance — an “object” out there in the world outside of our internal, subjective sensations — which causes discomfort or a phenomena of displeasure.

An irritant may cause an annoyance, and an annoyance can be an irritant, and it is the classic distinction between the “inside” as opposed to the “outside” experience.  We can refer to certain chemicals, cleaning fluids and the like as irritants, but we normally do not declare that they constitute an annoyance; although, the linguistic lines are not so strict as to prevent a person from saying, for example, “That woman’s perfume is somewhat of an annoyance”.

On the other hand, one might refer to someone’s constant manner of clearing his or her throat in mid-sentence as an “annoyance”, but because it does not directly impact one’s own physical well-being, such a quirk is likely not referred to as an “irritant”, although one may use the adjective form of the word and confide that the person’s manner is “irritating”.

In the end, the two words are somewhat similar in meaning but reveal their differences from the aspect of perspective — of whom, or from where.

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 one or more of the basic elements of one’s Federal or Postal job, it is important to understand and appreciate the distinction which the U.S. Office of Personnel Management often makes between “objective” evidence and “subjective” evidence.

OPM will often twist and misapply the law, and make you think that certain medical evidence deemed “subjective” are like second-class citizens and less than credible, and will insist that only “objective” evidence is acceptable.  Don’t let OPM fool you.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and let not the ignorance of the law defeat your quest to obtain an approval from the U.S. Office of Personnel Management, and don’t let the word-games irritate or annoy you.

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.

 

OPM Disability Retirement under FERS: The Bellwether

It is the leading sheep of the flock, graced with a bell on its neck in order to establish its role for the others; or, in more colloquial parlance, the predictor or indicator of something.

Thus, a red sky may be the bellwether of a coming storm (not being a seaman, one forgets whether it is the night or morning sky which is the predictor).  If one is superstitious, a cracked mirror or the unexpected crossing of a black cat is likely a bellwether of something — although, in modernity, perhaps the anachronisms no longer apply.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows the Federal or Postal employee to continue in his or her Federal or Postal job, the question of a bellwether is appropriate.

Under FERS Disability Retirement laws, one must be able to show that a medical condition will last a minimum of 12 months.  One does NOT have to wait the 12 months in order file; merely, that a doctor can, within reasonable medical probability, “predict” or provide a prognosis that a medical condition will last for at least that long.

Most Federal and Postal workers “know” from the start whether or not a medical condition will last a minimum of 12 months; such a bellwether is not rocket science, but more of an intuition established by one’s sense of one’s own health.

Contact a FERS Attorney who specializes in Federal Disability Retirement Law, and see whether the bellwether rings for the pathway towards an early medical retirement under FERS.

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 Retirement: Sufficiency

There is always a measure of subjectivity involved, of course.  Following the Council of Trent, the issues which prevailed as a response to the Protestant Reformation involved Church doctrine and clarifications needed concerning issues involving “sufficiency” of grace, whether the human will could engage in acts of the “Good” without it, and so many other interesting minutiae of proper wording which is now irrelevant in this postmodern era.

What is sufficient; what qualitative or quantitative determinations meet that criteria; is there an objective set of rules and regulations requiring sufficiency, and how is it determined to have been met?

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, “sufficiency” of information is a critical criteria to be met in every Federal Disability Retirement case.

There has been no “Council of Trent” to clarify what would meet the U.S. Office of Personnel Management’s criteria for what constitutes sufficiency of medical and other information; although, there have certainly been many “edicts” issued, both by OPM and the Federal Courts, as well as by the U.S. Merit Systems Protection Board (the “MSPB”).

What is sufficient; how is it determined; who decides on the issue; what can be done to meet the criteria — these are all questions which can differ from case-to-case because of the inherent uniqueness of each case.

Contact an OPM Lawyer who specializes in Federal Disability Retirement benefits and avoid the proclamations issued concerning heresies and violations of doctrinal clarifications, whether by the Council of Trent or by the U.S. Office of Personnel Management.

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 Employee Disability Retirement: Secondary Causation

Can a Federal or Postal employee obtain an approval from the U.S. Office of Personnel Management, of a Federal OPM Disability Retirement benefit under FERS, for secondary-causation conditions?

Cancer is a prime example — for, it is most often NOT the cancer itself which debilitates a person, but rather, the secondary causation: The residual effects and after-effects of Chemotherapy and/or Radiation therapy, resulting in numbness, neuropathic pain, cognitive dysfunctions, memory loss, inability to focus or concentrate — the compendium of secondarily caused impact originating from the necessary treatment of the primary cause.

Thus, the mistake that many Federal and Postal employees make in presenting a Federal Disability Retirement application under FERS to the U.S. Office of Personnel Management, is in the characterization of one’s medical condition.  Secondary Causation cases can be tricky, and how it is presented makes all of the difference.

Contact a FERS Attorney who specializes in Federal and Postal Disability Retirement Law and see whether or not you qualify based upon a secondary causation condition.

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.

 

OPM Disability Retirement Law: King for a Day

We have all had that sense of triumphant euphoria, where all of the complex and disparate components of life’s makeup somehow coalesce into a coordinated bundle of seamless and effortless symphony; where life is great; your plans and dreams are bearing fruit; restorative rest has been attained; friends and family have resolved their differences; and at least for a day, you are the King.

But such a state of perfection never lasts beyond that day; and tomorrow brings problems, difficulties, contradictions and conflicts; for the secret of life itself is that ever since the fall of Adam, or of any tale of the origins of Paleolithic beginnings — the original sin of life never dissipated.

The frailty of the body; the fragile makeup of the mind; the emotional turmoil experienced daily by the stresses of a world gone berserk with technology and the cold, unfeeling environment of the human workplace; these, and more, tell the story not of kings and lords, but of pawns and sacrificial lambs.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows you to remain a King — even for a day — it is time to consider filing for Federal Disability Retirement benefits under FERSChronic medical conditions which impact a Federal or Postal employee’s ability and capacity to continue in their chosen careers present an even greater challenge: Of the loss of any hope for betterment until health itself becomes a prioritized activity to pursue.

Contact a Federal Lawyer who specializes in OPM Disability Retirement Law and consider whether or not the loss of being the King for a Day is worth the price of continuing in a career which is no longer tenable.

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.

 

OPM Medical Retirement under FERS: Primary Questions

You can easily get entrenched within a morass of details.  Primary questions — those issues which, when addressed and answered, essentially take care of sub-questions and lesser categories of details — need to be identified and prioritized.

Many people are unable to recognize, identify and extract the primary questions.  Why? Because, if you are unfamiliar with the paradigmatic, upper echelons of the legal criteria being applied (for instance, in a legal matter), then how are you going to be able to “separate out” the proverbial grain from the chaff?

At all 3 of the main stages of a Federal Disability Retirement case — at the Initial Stage; if denied, at the Reconsideration Stage; if denied a second time, before an Administrative Judge at the U.S. Merit Systems Protection Board — it is important to either preemptively or actively discern and discard the unimportant side-issues, and to focus upon the primary questions in a Federal Disability Retirement case.

The rule of life always applies: Prioritize; identify the primary questions and issues; take care of what is relevant; then, the rest of the “minor details” will often naturally fall to the wayside.

Sincerely,

Robert R. McGill, Lawyer

 

Long Term Disability Federal & Postal Employees: Different Arguments

OPM will often make different and multiple arguments in denying a Federal Disability Retirement case.  Sometimes, they will make a single, or double argument; at others, it will appear as if a shotgun blast has been expelled in your direction.

Do you need to argue each and every point?  Each and every sub-paragraph?  Likely not.

Most of the arguments are merely different in their surface; the different arguments can be categorized under general headings, such as, “Insufficient medical evidence” or “lack of service deficiencies” — the two main categories which OPM focuses upon, in addition to a third, “No accommodations requested or provided”.

By categorizing the different arguments under a more generic and manageable major category, you can then begin to address the concerns expressed by OPM.  Better yet, contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law and begin the process of rebutting the different arguments of OPM.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Medical Retirement: The Commodity of More

Of course, by definition, a commodity purchased or otherwise acquired is “more” — but that is not what is meant, here.  The commodity of more implies a greater good beyond the acquisition of the thing itself.  We buy things not for the thing itself; rather, we are sold the goods because of what they represent.  Otherwise, why do companies spend so much on advertising?

If the thing itself is so valuable and needed — or wanted — to such a great extent that it would sell without the “extras” of advertisements, then companies would merely place them on shelves and each morning, like the breadlines in the old Soviet Union, there would be a great clamor to purchase the product.

No — the products we buy are attached to the symbols they represent; of greater status; of more leisure; of increased comfort and superior lifestyle; of a life representing success.  But here is the catch: The commodity of more is like that proverbial straw that broke the camel’s back; at some point, the “more” becomes the greater stress that makes everything less — less worthwhile, less attractive; less enjoyable.  Especially when a medical condition enters the picture-perfect portrait of life.

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, consider filing for Federal Disability Retirement benefits when the commodity of more has reached a breaking point.

Consult with a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and consider whether or not the commodity of more might not be traded in for a life of less — less stress, less failure, less deterioration of one’s health.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Where We Are

The Federal Government is operational; the U.S. Office of Personnel Management continues to make decisions on Federal Disability Retirement cases, whether at the initial level of determination or at the Reconsideration Stage.

Further, because Federal Disability Retirement hearings at the U.S. Merit Systems Protection Board have always been conducted by telephone, there has been minimal interruption in Federal Disability Retirement appeals which have been filed with the MSPB.

Covid-19 has had a devastating impact upon the United States in so many ways — of the human toll; the death toll; the economic devastation; the strain upon the hospitals; and the fear, isolation and destruction upon the lives of so many.  Fortunately, the employment sector least impacted has been Federal employees, except in terms of exposure and co-morbidities.

If Covid-19 has been a deciding factor in needing to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, contact and consult with an OPM Disability Attorney who specializes in Federal Disability Retirement.

Sincerely,

Robert R. McGill, Esquire

FERS Disability Retirement for Federal & Postal Employees: The Port

It is the Roman Stoic, Seneca the Younger, who wrote that, “If a man knows not to which port he sails, no wind is favorable”.  It is, in the end, the essence of Stoicism — of living life without complaint and without being impacted by the hardships of the objective world, all the while clinging to a path of virtue unfettered by worldly concerns.  That is why the quote above — of the internal “self” in contrast to the metaphor of the objective world: the winds which guide the ships — encapsulates the essence of the philosophy of Stoicism.

In modernity, it matters little from whence the winds come, for we engineer our own direction through engines and mechanical devices which propel the marine vessel by the power of our own creation.  But of that time when ships relied exclusively upon the breath of gods that blew the winds which filled the sails — it was a time when we relied heavily upon the favor of fate and nature’s appeasement.  Yet, even today, whether by the propulsion of machines invented or reliance upon prayers of guidance, no wind is favorable until and unless a person knows where he or she wants to go.

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 his or her position, it is important to make a determination as to “where” one plans on going before determining the “how” of the approach.  If a medical condition has clearly begun to impact one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal job, then where one must “go” becomes clearer: You cannot continue to stay at the job precisely because the medical condition prevents you from doing so; and so FERS Disability Retirement becomes the option by default.

The next question, then, is the “how”, as in — How does one get from point A to destination B?  Consult with an attorney to discuss the further particulars of your case; for, in the end, whether you believe in the philosophical tenets of Stoicism or not, once you realize the port to which you wish to sail, you need the favorable winds of counsel from an attorney who specializes in Federal Disability Retirement Law in order to help guide the sails of your journey.

Sincerely,

Robert R. McGill, Esquire