Tag Archives: medical retirement from federal government

OPM Disability Retirement under FERS: Disintegration

It is the negation of integration — the idea of coming together and connecting the various disparate parts of uncommon elements and coalescing into a coherent whole and working together in cooperative combinations of cogent communities, and the negation of it results in a dramatic crumbling where the adhesive which held together the various parts begins to unravel at the seams and break off into independent and isolated components.

It can happen over time, in incremental and progressive ways, or suddenly by a tragic event.  To witness the former is to observe society in a downward spiral, as in Western Civilization’s current state of affairs.  The statistical evidence is irrefutable; and the trend of self-absorption undeniable.  How far the disintegration will take us, only time will tell.

Regardless of the macrocosmic scale of disintegration, which we can readily sidestep and attempt to ignore, it is when individual lives begin to experience the phenomena (i.e., on the microcosmic scale) that we begin to comprehend the full meaning of the concept.  It often begins with an unexpected event — like a medical condition that suddenly turns into a crisis. Such an event can turn one’s universe upside down.

It will test the strength and viability of the adhesives which you have relied upon and constructed throughout your life — of friends and family, the lifetime you have built, the community you sought out, and many other components, besides.  Will your family rally around you and give you the necessary support, or will they abandon you and forget the reserve of goodwill you compiled?

Your true friends and loved ones will be revealed during the difficult trials ahead, and the bifurcation separating mere words from action will become readily evident.

For Federal employees and U.S. Postal workers who suffer from an injury or chronic condition  that prevents the Federal or Postal employee from performing all of the essential elements of their Federal or Postal job and must consider preparing, formulating, and filing an effective Federal Disability Retirement application under FERS laws with the U.S. Office of Personnel Management (OPM), you have the further advantage of the benefit of FERS Federal Disability Retirement when the crisis of disintegration occurs as a result of a medical condition.

However, as OPM is not a part of that “integrated community of support”, you may want to contact an OPM Disability Retirement Attorney who specializes in OPM Medical Retirement Law before proceeding.

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 Disability Retirement: Knowledge & Application

It is assumed in the West that knowledge, in and of itself, is a valuable thing.  And in this country, periods of pragmatism overtake that viewpoint, but always seem to revert back — otherwise, how else would we persuade children to spend countless hours sitting in a classroom, year after year?

As “making a living” has become the primary focus of society in general, there is an ever-pervasive tension between knowledge for its own sake as opposed to knowledge that is “useful” (translation: the “know-how” to make a living).  This is a tension that every society must grapple with — of becoming educated as an end in itself or as a means to a different end.

Few believe that there is a downside to having a good education, but a well-educated populace that lives in poverty cannot for long sustain its justification for perpetuating inapplicable knowledge.  Society must always maintain a balance between theoretical knowledge and applied knowledge.

Law is a discipline which straddles the fence between the theoretical and the practical, inasmuch as it engages in conceptual/intellectual issues, but concurrently, must be able to be applied in the everyday lives of people.  For example, in domestic relations law, there are overarching conceptual principles focusing upon what constitutes “the best interests of a child” in a custody battle, but in the end, the practical application of determining a workable visitation schedule must be hammered out between the parties involved.

Similarly, in Criminal law, while a society may adopt a conceptual apparatus as to whether “reform” is the goal or “punishment” is the justifying foundation for a lengthy incarceration imposed, nevertheless, in either case, society must consider the practical issue of protecting its citizens from further harm which may predictably be committed by the party found guilty.

In a similar fashion, for Federal employees and U.S. Postal employees who file for Federal or Postal Disability Retirement benefits through the U.S. Office of Personnel Management under the FERS system, knowing the Law and cases governing Federal Disability Retirement is essential in engaging the bureaucratic process, precisely because Federal Disability Retirement benefits is not merely about the medical condition in and of itself, but involves a complex consortium of issues in relation to the job one is positioned in, whether the Agency can accommodate an individual’s medical disabilities as well as what constitutes a legally-viable accommodation, as well as a whole host of other similar issues.

Here, knowledge precedes application, and having a ‘working’ knowledge of the laws governing Federal Disability Retirement in order to apply it at each stage of the administrative process is a necessary prerequisite before considering even applying for the benefit.  Yes, there are rare cases in which the medical disability is so severe and clear-cur that the medical documentation is and should be sufficient unto itself; but that is a rare case indeed.

As such, at whatever stage of the process one finds oneself in the Federal Disability Retirement bureaucracy, you may want to consult with an OPM Disability Attorney who specializes exclusively in Federal Disability Retirement law in order to have not only the knowledge but the practical application of proceeding against the U.S. Office of Personnel Management in fighting for your FERS Disability Retirement benefits.

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: The Frustrating Process

Every administrative and bureaucratic process is a frustrating one, and waiting for an OPM Disability Retirement application to be approved is likely the epitome of frustration.

Thus, it is essential to understand at the outset that filing a Federal Disability Retirement application with the U.S. Office of Personnel Management is a long and arduous process that will likely take many years to accomplish, and nothing short of a miracle will expedite the time required.

One’s own efforts in attempting to take shortcuts will have minimal impact upon the ultimate outcome.  Still, an Federal Attorney who specializes in Federal Disability Retirement Law can undoubtedly enhance the chances of an earlier approval.  Even then, however, Federal and Postal workers need to understand that a great deal of the process merely involves waiting.

Filing quickly does not result in OPM rendering a quicker decision.  Often the contrary is true: By preparing an application quickly, it is likely not as strong a case as it could have been and when OPM finally gets around to reviewing it, a likely denial will be issued, further prolonging the waiting period because of needing to go to the next, “Reconsideration” Stage of the process.

And while every bureaucratic process inherently possesses its unique set of frustrations, OPM Disability Retirement has the added feature of contending with a serious medical issue, which tends to magnify the frustrations involved.

Can anything be done about it?  The short answer is, Not Really.  Calls to OPM will often only exasperate the level of frustration, and while “doing something…anything” may temporarily appease the frustration in the short term by making it appear that some progress is being made, almost all such efforts come to naught, and all that remains is to await OPM’s response.

Once received, of course, the entire process can be a further stage of frustration.  For, if an approval is received, there are further battles in getting the annuity payments started, and that doesn’t even touch upon whether the annuity is correctly calculated.  On the other hand, if a denial is issued, the bureaucratic frustration is further extended, especially because of the short timeframe provided in preparing and submitting a response.

Any Federal or Postal employee contemplating preparing, formulating, and filing a Federal Disability Retirement application under the FERS system to be submitted to the U.S. Office of Personnel Management, must be prepared for a long and frustrating administrative process.

And if you want further insight into this lengthy and frustrating process, you may want to first consult with a Federal Attorney who specializes in 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.

 

FERS Medical Retirement from OPM: Objectivity

In the West, the traditional approach is to be far removed and dispassionate in attempting to attain that level of acceptable discernment.  If there is even a whiff of personal involvement, a suspicion of a self-serving motive, or some indication of emotional application, the revered status of objectivity comes into question.

For some unknown reason, the label “To be objective” must ignore and minimize all that is preternaturally human.  A Kantian would argue that objective knowledge is a goal inherently impossible to achieve, precisely because we possess only subjective capabilities and impose our worldview upon everything we analyze, evaluate and assess.

To that extent, it becomes a mere tautology, for if we are incapable of reaching beyond  ourselves, then there would be no point in even trying.  But try we do, and in the Western Philosophical tradition, we employ devices such as Logic, the Socratic method of endless self-examination, and a touch of mystical fairy dust sprinkled as “objective analysis”.

For Federal employees and U.S. Postal workers who submit a Federal Disability Retirement Application with the U.S. Office of Personnel Management under the FERS system, the argument for objectivity is often refuted by OPM based upon a “lack thereof”.  OPM will argue that the “pain” one experiences, or the emotional impact from psychiatric conditions, is “purely subjective” and is therefore invalid as a basis for approving a FERS Disability Retirement application.

This, too, is a circular, tautological argument, precisely because ‘pain’ by definition, is always subjective.  Yet, that is not what the applicable law concerning the established legal criteria of proving a FERS Disability Retirement case holds, and despite OPM knowing this, they will systematically ignore the applicable laws governing FERS Disability Retirements.

In order to rebut OPM’ s baseless charge that your Federal Disability Retirement case lacks objectivity, contact a FERS Disability Lawyer who specializes in the practice area of OPM Disability Retirement Law, and successfully refute the fallacy of objectivity or the lack thereof.

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 Medical Retirement: The Proper Perspective

You can gather all of the available facts, and yet still make the wrong decision because you fail to have the proper perspective.  To have the right perspective, you must assess and evaluate the facts as presented and arrive at the best judgment based upon a proper perspective.  The “proper perspective”, moreover, is often based upon a lifetime of habits formed in how one engages the facts amassed.

Do you allow for emotional prejudices to cloud your judgment, or have you cultivated a habit of dispassionate review?  Are you able to set aside the overwhelming sense of panic which can lead to a reactionary course of response, or can you set the issue aside and come back to it with a reserved approach of greater objectivity?

In most cases encompassing a variety of facts, a requirement of interpretive analysis must occur, and that process of arriving at the best course of action in determining the comparative and superlative degrees of a judgment does not necessarily mean that there is a singular “best” course, for reasonable people may differ on that.

And, of course, that is the proverbial “rub” of the issue — that the proper perspective arrived at the time may not lead to the best action to be taken, but merely that, given a set of facts analyzed at a given time and place, it is the “proper” one for the moment.  Other facts and circumstances may come into play if left to ponder, but because an imminent decision must be made, it is often enough to rely upon one’s best judgment in moving forward.

For Federal employees and U.S. Postal workers who suffer from a chronic illness or injury such that an application for Federal Disability Retirement benefits under the FERS system must be considered, arriving at the proper perspective will often be clouded by the medical condition itself.  As such, it is important to have the assistance of a lawyer who specializes in Federal Disability Retirement Law in order to provide the proper perspective in fighting against OPM for your rights.

The perspective of the U.S. Office of Personnel Management is always that no Federal or Postal employee qualifies for Federal Disability Retirement, and will often deny a case by making it appear that you had no chance for success, to begin with.  However, that approach is not the right or proper perspective, and the way to counter OPM and arrive at the proper perspective is to apply the law.

Contact a Federal Lawyer who specializes in Federal Disability Retirement Law, and respond with the proper perspective.

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 Medical Retirement: Reconsideration & OPM’s Hope

Federal Disability Retirement can be a long, arduous, and frustrating administrative process and the U.S. Office of Personnel Management does not help to make it a smooth one.  You will likely get denied at the Initial Stage of the process, and furthermore, the initial Denial Letter from OPM will have you scratching your head in a state of anger and confusion as to its inherent lack of coherence or logic.

That is because it is OPM’s hope that you will simply give up and go away.  However, the mantra which you must always adopt is:  Never give up, and keep persisting, no matter what OPM says in their denial.  If you don’t win at the Reconsideration Stage, then you still have a chance at appealing it to the next stage – before an Administrative Judge at the U.S. Merit Systems Protection Board.

At both stages of the bureaucratic process, it is a good idea to contact an experienced FERS Attorney who specializes in Federal Disability Retirement Law, who can properly evaluate the strengths and weaknesses of your case, and thus respond accordingly.  For, while persistence and refusing to go away is the first step in beating back OPM’s denials, such persistence must also be followed by a competent understanding and application of the legal criteria to rebut OPM’s attempt to marginalize your Federal Disability Retirement claim under the FERS system.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and don’t succumb to OPM’s hope that you will just give up and go away.

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 OPM Disability Retirement: Happy New Year 2023

Each year brings forth a new set of challenges – or as it were, a new set of problems.  It all depends upon how we view it.  The optimist will see an opportunity within the new set, while the pessimist will have a negative perspective and affirm an unconquerable obstacle.

And the cynic?  The cynic will combine the optimist’s and the pessimist’s beliefs and see the former as a fool and the latter as even a greater fool, and where both will fail in their endeavors regardless of attitude or mood.

Whatever the outcome of all, the march of time trudges onward and the new year brings about changes regardless of our feeble attempts to control and circumvent them.  The natural, objective world cares not about human needs, problems, or tragedies, and time nor changes of calendric alterations fail to alleviate them.

Nevertheless, we celebrate each new year as if it provides a clean slate to begin anew, and that is a good thing, let all the days of our lives be looked upon as a single aggregation of comedic inconsequence.

Everyone likes to have a fresh start, whether by artifice or natural inclination and so we celebrate this next new year as we have every year, “as if’ when the clock strikes midnight and the single tic-tok following has made any difference at all; and yet, let us cheer a  toast of goodwill and prepare a celebratory welcome, if only to bring hope and joy to those less fortunate.

For, after all, while nature sleeps unencumbered by the problems of tomorrow, it is the human effort which can make a difference in people’s lives, and that is what distinguishes the optimist from the pessimist, and force silence upon the cynic’s lips.

For Federal Employees and U.S. Postal Workers who suffer from a medical condition that may necessitate filing for Federal Disability benefits in the coming year, contact a FERS Lawyer who specializes in Federal Disability Retirement law in 2023, and begin to adopt an optimistic view for your future.

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 Disability Retirement from OPM: Second Chances

In the wild, there are few such second chances.  Every now and again, one sees a documentary where a prey somehow escapes the grasp of the predator, but it is a rare sight.  When survival depends upon a meal, nature does not relent in favor of the weak.

In the human sphere, second chances are more common because a greater sophistication of higher human characteristics are involved (at least, sometimes), not the least of which include kindness, empathy, and selfless generosity.  We are capable of rising above the beast and acting at a level just below the angels.

Shakespeare and Milton recognized this greater capacity, as have many other authors (is it a contradiction that the English, known for their ” stiff upper lip” approach to life, would embrace such a worldview?).  And when a government passes legislation empowering its citizens with second chances, it is reflective of a higher and more civil spirit.

For Federal employees and U.S. Postal workers who suffer from a disabling injury or illness which requires a second chance, FERS Disability Retirement under the FERS system provides just such an opportunity.

To have greater assurance that the bureaucratic machinery of OPM will comply with the letter of the law, however, you may want to contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law, for — even in the human sphere — there are still predators in the wild who fail to regard the spirit of the higher laws.

Sincerely,

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

 

FERS Medical Retirements: Future Uncertainties

Human beings love certainties; but in this cold and objective, dispassionate world, such certainties can rarely be relied upon.

Hume’s causation argument undermined any attempt to establish repetition as a basis for future events, precisely because X occurring the thousandth time gives us no concrete evidence that the next time will result in any causal reliability.

Probability theory aside, as Hume argued, there is missing any “necessary connection” which would establish a predictable nexus to extrapolate future reliability based upon prior life events.  Without that necessary connection, causal certainty can never be ascertained.— or so his argument goes.

Yet, we continue to rely upon future certainties regardless of such “conceptual proofs” to the contrary, for, what other choice do we have?  We cannot wander throughout our lives  without reliance upon some semblance of causal expectation, otherwise, we would be like newborn infants every day with no sense of security or stability.

For Federal employees and U.S. Postal Service workers under FERS who suffer from an illness or injury which impacts their future certainty in their Federal or postal career, a large stumbling block is the uncertainty of being approved for a future medical retirement application.

Although there can never be a causal guarantee when it involves the U.S. Office of Personnel Management, you can increase the probability of a successful outcome if you are adequately represented by an experienced attorney.

Citing the proper and relevant case laws and formulating the most effective legal arguments will increase the probability for future success.  To that end, applying to OPM does not need to seem like reinventing the proverbial wheel every time, or like being that lost child wandering in the woods without any sense of security.

Contact a FERS Lawyer experienced in Federal Disability Law, and increase your chance for a more certain future, despite what Hume says.

Sincerely,

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

 

FERS Disability Retirement: The Scroll of Life

The concept of a scroll is a fascinating one — with the anticipation of unfurling deep mysteries as the contents slowly reveal themselves, unraveling the words of ancient wisdom kept hidden within the curled papyrus, seeing the light of day for the first time in centuries.

We often imagine that such an object exists for each of our lives, kept in a pigeon-hole compartment, awaiting the unraveling in parallel fashion as future events are foretold.

The scroll of life, of course, is in reality within ourselves — in the actions we contemplate, the giving of ourselves to others, and the meaning we bring to this world — in short, the works we do in the world, within the allotted time we are given.

It is no less a mystery than the actual scrolls which were written upon and stored away in deep caverns where future generations would rediscover them and read them with renewed eyes, and when discovered, are viewed with sacred awe and treated with reverence.  But that human beings, who are the living scrolls of life, should each be treated with such reverence.

For FERS Federal employees and U.S. Postal workers who suffer from a chronic injury or illness and who believe that their scroll of life has been impeded and interrupted because of a medical condition, it is important to understand and recognize that life is not predetermined in a hidden  scroll, already dried with the ink of predestination but is still being written every day.

What you do and how you do it is still to be determined.  As such, if a Federal employee or Postal worker needs Federal Disability Retirement for future security, you should contact a FERS Disability Pension Lawyer who specializes in Federal Medical Retirement Law, to guide and assist you in writing upon the next page of the scroll of life.

Sincerely,

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