OPM Disability Retirement Law: Places We Don’t Want to Be

Of actual places, or even of situations — of places we don’t want to be or circumstances we would rather not find ourselves in — of which we never think about.

It is interesting that the human mind gravitates toward the positive — Of places we would like to visit, books we would like to read, people we would like to meet, etc.  Is that the power of “positive thinking”, or of daydreams relishing the imagination filling the void which otherwise haunts our lives?

Sometimes, however, it is fruitful — and even necessary — to consider the potential negatives which may loom upon the horizon in order to prepare for contingencies in the event of a calamity.

The Federal or Postal worker would rather not contemplate a future in which he or she is no longer able to perform one or more of the essential elements of his or her job; or, there may come a time when your agency places you on a Performance Improvement Plan and initiates actions which leads to a removal — all, places you don’t want to be, but must consider.

Perhaps filing for Federal Disability Retirement benefits under FERS is a place you would rather not be — but again, it may be necessary to consider.

For those places you don’t want to be, contact an OPM Disability Lawyer who specializes in Federal Disability Retirement benefits, which is actually the first step in moving towards a place where you may actually want to be — of receiving a retiree annuity for OPM Disability Retirement benefits 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.

 

Federal Employees Retirement System (FERS) Disability Law: The Novelty Vanished

As it should be, for a child, everything is viewed in terms of, “Wow!”  The novelty of life, of the experiences brought about by a world freshly encountered — like winter’s first snow or the dawn of spring’s warmth, it is the combined meeting of a world newly seen by the eyes of youth yet untarnished and without the destructive force of cynicism which accounts for curiosity, eagerness, innocence, unvanquished optimism and hopeful initiation of plans for a bright future.

That novelty vanished — and vanquished, extinguished and beaten down — comes from repeated encounters with a world which shows no care or concern.  It is when life’s complications keep knocking us down; that is when the novelty vanished.

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, the novelty vanished comes about from a combination of events: The critical juncture where the medical conditions become chronic and restrictive; the Agency’s or the Postal Service’s unsupportive attitude; the steady exhaustion of one’s sick leave; the potential of being put on a Performance Improvement Plan; the likelihood of being terminated; the administrative sanction of being placed on AWOL status; the refusal to allow for LWOP; and it is the combination of any or all of these factors which results in the Federal employee shaking his or her head and saying, “Wow” — but not with a sense of wonderment, but because the novelty has vanished.

It is time to file, then, for Federal Disability Retirement benefits under FERS.

Contact a Federal Attorney who specializes in Federal Disability Retirement Law, and try and win back that time when the first snow of winter stunned you, the first breeze of spring refreshed, and the world could again be described with a singular encapsulation of a word exclaimed: Wow!

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.

 

Office of Personnel Management (OPM) Disability Retirement: Divide and Conquer

Perhaps it is not any one medical condition, alone which prevents the Federal or Postal employee from performing one’s Federal or Postal position; rather, the aggregation and combination of multiple conditions — of depression combined with chronic migraines; or back pain along with panic attacks and severe anxiety, etc. — prevents the Federal or Postal employee from performing all of the essential elements of one’s Federal or Postal position.

The U.S. Office of Personnel Management — the Federal Agency which reviews and makes the decision for an approval or a denial on all Federal Disability Retirement applications — is fully aware of this, but proceeds to divide and isolate each medical condition, minimizing the impact of that specific condition without taking into account the intersecting impact of all other medical conditions, and thereby denies the Federal Disability Retirement application by ignoring the aggregation and combined impact of one’s entirety of health concerns.

This is the age-old military maneuver of divide and conquer — divide and isolate the enemy’s flanks, then attack each individual and isolated division one by one until each are conquered separately and individually.  It is a tactic used by OPM in many cases, and done successfully — until and unless there is a counterattack utilizing and applying OPM laws governing Federal Disability Retirement benefits.

Contact an OPM Lawyer who specializes in Federal Disability Retirement Law, and begin to put together the strategy to counter OPM’s “Divide and Conquer” approach to Federal Disability Retirement Law.

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.

 

Postal and Federal Employee Disability Benefits: Purpose and Meaning

They can feed off of each other in motivating us, and have cross-boundaries in their definitional relevance.  “Meaning” provides the foundation for the signification of one’s activity or engagement; “Purpose” gives us the reason — or the meaning — of that which we do.

Before the development of the cognitive universe, we were compelled and motivated by instinct — of the basic reactionary need to survive without thought, purpose or meaning.  Or, perhaps one might argue, survival itself contained the meaning and purpose for every existence.

Once the cognitive universe began to develop — you know, that area of internal living comprised of our thoughts, words, conceptual universe, and the strings of sentences which form the universe of our daydreams, plans, anxieties and schemes — we required more and more of that duality of motivators: Purpose and Meaning.

For a good part of our society, work provided meaning and purpose; families solidified it; relationships obligated it.  When the seams of society begin to unravel, however, the duality of our motivations follow in successive disintegration, as well, and purpose and meaning become hollow echoes of sounds reverberating from a pebble dropped into a deep and uncaring cavern.

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 being able to perform one or more of the essential elements of one’s Federal or Postal job, purpose and meaning may become undermined precisely because of the deteriorating circumstances triggered by the medical condition itself.

Contact a disability attorney who specializes in Federal Disability Retirement Law and begin the process of recovering that purpose and meaning — that duality of motivators — by first securing your future with a Federal Disability Retirement annuity, then figuring out what will motivate you to move forward in life, into the next sector of this barren universe where one must find purpose and meaning outside of the postmodern era.

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 Benefits: Paintings Without Words

The cave paintings in Lascaux are apparently a stunning display of prehistoric art created by Paleolithic Man some 17000 years ago — well before Christ, before the Roman or Greek civilizations; before the written word.  The depictions are of animal figures and of man; but without words.

Of course, if you visit an art gallery, every painting is “without words” — except, perhaps, of the title given to the painting, like “The Boy in a Red Vest” or “The Starry Night”, or even, “Self-Portrait”, etc.  But these cave paintings lack even a title.  They are silent — truly in the sense of lacking noise, explanation, etc.

Various “experts” have apparently rendered their interpretations as to why they were drawn and what they depict; the “meaning” of the art.  Why did such men (why do we presume they were done by men, and not by women?) paint upon the walls of that cave?  What did they intend?

Such interpretations may or may not be true; one shall never know, because the context of the once-vibrant community has been lost.  They remain as paintings without words because the words were lost long ago, and so the meaning behind the depiction — what gave it “meaning” — has been lost forever.

It is similar to the feeling and sense that a Federal or Postal employee has when a medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job — the “meaning” behind the work is lost, because the functionality to perform the work has been separated from the ability to engage in that functionality.

Contact an OPM Attorney who specializes in Federal Disability Retirement Law and begin the process of recovering the meaning behind the work you once loved; for, like paintings without words, work without freedom from pain and turmoil results in a profound sense of loss.

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.

 

Federal Employees Retirement System (FERS) Disability Law: The Arbitrary Discount

When it is to one’s favor, of course, the arbitrary discount is a welcome benefit.  Every now and again, it happens — more often in an independent store, where the owner will say, “Well, you’ve been a great customer; I am going to give you a 10% discount just because…”.  Just because what?  No reason — just because it is Saturday; just because you are pleasant; just because I wanted to, etc.

That is the nature of an arbitrary discount.  However, what about an arbitrary discount when it is not in your favor?

In a Federal Disability Retirement case, the OPM “Medical Specialist” may deny a Federal Disability Retirement application with the following reasoning: “Your treating doctor is not a specialist in treating X.  The restrictions placed on you are therefore invalid and you have not shown that you are disabled.”  WHAT?  And yet — it is just another arbitrary discount — the discounting of your treating doctor as a valid person to make reasonable medical decisions; it just so happens that such an arbitrary discount is not in your favor.

Even though, of course, the law supports you in every way and even though OPM’s opinion should be discounted entirely.  But hey — OPM is the independent owner of the “store”, and they can do what they want, right?

Contact an OPM Disability Retirement Attorney who can and will fight against such arbitrary discounts.

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: Knowing the Law

Is it important?  How can the U.S. Office of Personnel Management make a proper decision on a Federal Disability Retirement application without knowledge of the law?

Yes, yes — the ones who make decisions are “medical specialists” — but that is only one-half of the equation.  That is precisely why the bureaucratic process of a Federal Disability Retirement is so frustrating — because OPM looks at 1/2 of the equation for the first 2 stages of the process — of the Initial application stage, then the Second Stage, the “Request for Reconsideration” Stage — and then leaves the Second Half of the process (the “legal stage”) to the paralegals and lawyers who represent OPM before the U.S. Merit Systems Protection Board.

Wouldn’t it be wiser and more efficient if there were a legal department which oversees and supervises the denial letters issued by the “medical specialists” at OPM for the first 2 stages, thereby making sure that the denial is based not solely upon medical issues, but on the legal issues underlying them?

Of course, it is rarely the case that a Federal Disability Retirement application is ever validly denied based upon the medical conditions alone; for, the benefit of “Federal Disability Retirement” always involves the legal criteria for eligibility, and that is why the applicant who wants to pursue the benefit should contact a disability lawyer who specializes in Federal Disability Retirement Law. For, in the end, knowing the law is what will prevail in a Federal Disability Retirement application 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.