FERS Disability Retirement Application Denial: OPM’s Corner of Truth

The term is often applied in economics, where market “forces” represent a quantifiable share of profits and monopolies rule — that such-and-such company has “cornered” the market.  Then, of truth, but in a negative way — that no one has a corner on truth.

In a Federal Disability Retirement case, the U.S. Office of Personnel Management expresses their “corner of truth” in a denial letter — by taking selective extrapolations from medical reports and detailing (sometimes) why certain statements “prove” that a person is not disabled in a Federal Disability Retirement case; or, by asserting that there were no “deficiencies” in one’s past performance reviews; no attendance problems; no conduct issues.

It is a matter of coming up with enough proverbial “holes” in one’s Federal Disability Retirement case, then concluding that the Federal Disability Retirement applicant has “failed” to meet the “criteria” in a Federal Disability Retirement case — and these, in their totality, constitute OPM’s corner of truth.

How to counter this, and what to do to rebut OPM’s corner of truth?  By gathering additional medical documentation; applying the case-law which provides a countervailing view; creating the necessary nexus between the facts, the law, and the medical evidence, and presenting it to OPM in a sufficiently coherent manner as to change OPM’s corner of truth into a truthful tale which tabulates the totality of one’s actual case.

Contact an OPM Medical Lawyer who specializes in Federal Disability Retirement Law and make sure that OPM’s corner of truth is not the dominant quarter; for, in the end, no one has a corner on truth — but merely one of many corners.

Sincerely,

Robert R. McGill, Lawyer

 

FERS Medical Disability Benefits: Weariness

It is exhaustion beyond tiredness; a loss of energy so profound that the mere act of awakening becomes a chore.

Life is challenging enough; the incessant battle of daily living can bear down upon us, to a point where weariness sets in.  There is a point in our vulnerable natures when a medical condition begins to attack our systems.

It is as if the virus, the illness, the previously-minor medical condition, suddenly awakens and begins to take advantage of the weakened system, ravaging throughout, destroying that which once held a fragile balance between health and devastation.

Depression can then set in; or, PTSD where the multiple traumas of past encounters become too overwhelming to resist, anymore.  Often, Generalized Anxiety can then dominate, with paralyzing panic attacks following.  The body’s immunity is intricately tied to one’s mental health, and each is needed in order to battle the daily stresses of life.

For Federal employees and U.S. Postal workers who suffer from a medical condition, and where weariness has become the norm, contact an attorney who specializes in Federal Disability Retirement Law, and begin the process of resisting the increasing inability to continue in your career.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement Help: From Pain to Paper

It is one thing to experience pain; quite another, to convey that onto paper.  The fiction writer struggles with writer’s block; the ordinary individual (if there is such an entity), the problem is more of self-deception.  Because one experiences X, one presumes that others can relate to X as a fellow human being.

Then, of course, there is the problem of proof — of how do you “prove” a subjective content to an objective-requiring audience?  Pain is by definition subjective; mental & psychiatric conditions, similarly, are through self-reporting mechanisms.

Yes, there are correlative indicators which help to objectify that which is subjective by nature — consistency in clinical encounters; diagnostic tests which correlate with pain; tests to check for spasms and responsive physical reactions; behavior engaged which is anathema to healthy mental status; and other “tests” which confirm a medical condition of a subjective nature.

Nevertheless, the problem when preparing an effective Federal Disability Retirement application remains: How to move from pain or mental disorder, to paper in order to present a viable Federal or Postal Disability Retirement application to the U.S. Office of Personnel Management under FERS?

Contact and consult with a FERS Disability Retirement Attorney who specializes in Federal Disability Retirement, and take the next necessary steps from pain to paper.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from the OPM: Careful Planning

Is there any other type?  Do we ever plan, but do it carelessly?  Or, is it a redundancy to ascribe any planning as being “careful”?  Another question, of course, is the manner in which we determine the basis of such planning; i.e., is it only a retrospective judgment that is made after the fact?  In other words, do we ascribe the designated title of “careful planning” only after things have gone smoothly, and that of “careless planning” when things have not?

When the boss pats you on the shoulder and says, “Good job” and you turn and smugly respond, “Well, it’s just a matter of careful planning,” is such a response appropriate only because things had turned well?  And when it does not, do you just say: “Well, despite careful planning, there were some unforeseen circumstances that arose and all we can do is to counter them as best we can”?

There is, of course, such an animal as “careless planning” — where one has engaged in the motions of planning a future course of events, but has not taken the time to think it through, plan alternative avenues for “handling a potential conflict”, or otherwise did not meticulously prepare for the upsides and downsides of potential difficulties.  And that is the key, isn’t it — to consider the options, take into account the possibilities, and to plan accordingly?

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 position, careful planning in the preparation, formulation and submission of an effective Federal Disability Retirement application is a “must”.

We all engage in retrospective confirmation of our actions, and the single telling factor of careful planning in a Federal Disability Retirement application is when you receive an “approval” from the U.S. Office of Personnel Management.  Of course, when dealing with a Federal bureaucracy, a denial does not necessarily mean that careful planning was not engaged in, but merely that further planning and careful consideration must be given in order to battle with, and prevail, against OPM.

Consult with an attorney who specializes in Federal Disability Retirement Law and begin to formulate the plans which will be most effective in obtaining your disability retirement benefits from OPM.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Lies We Tell Ourselves

The linguistic/philosophical conundrum, to begin with, is the question: Can a person lie to one’s self?  Conceptually, it is an interesting phenomenon; for, the same person to whom one is lying to is identical to the one who is conveying the falsehood, and so — assuming that individual X does not suffer from some psychological state of a “split personality” or has a disengagement between one side of the brain with the other — is it even conceivable that a “lie” could be told if the person to whom it is told cannot possibly be duped into believing it?  For, isn’t the purpose of lying to someone to persuade that someone of its truth?

But if the falsehood is known from the outset, then what would be the purpose of lying to that person in the first place?  Of course, there could be a more subtle form of the phenomenon — sort of like the “world’s best-kept secret — known by everyone” type of experience where, although X knows that it is a lie, X feels comfortable in living the lie and thus continues on “as if”.

Take the following hypothetical: X’s kids are spoiled brats.  Everywhere they go — to restaurants, friend’s house, Grandma’s home — they fuss and whine and throw tantrums.  But instead of trying to correct the problem you say to yourself (and everyone else affirms it): Oh, they are just such brilliant kids that their rambunctiousness is merely a testament to their inner creativity — or some such similarly meaningless fodder as that.  Or, what about a health issue which is becoming progressively debilitating?  Don’t we lie to ourselves about that?  Oh, it’ll go away.  It’ll get better.  Today, I feel better, etc.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition continues to progressively worsen, and has impacted one’s ability to continue in one’s career — it may be time to stop lying to yourself, and to consider preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.  For, while the lies we tell ourselves may not always be harmful, it is often the one that we secretly know to be a falsehood that comes back to haunt us.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement under FERS: Another “Get Through” Day

We all have them.  They are the days when the body is transformed into a haggard display of human misery; where every urge to just crawl back into bed is resisted with a hollow groan; and when nothing positive can be squeezed from a life which is difficult, anyway.  Perhaps it is some low-pressure system that has moved in and dampened our spirits; or some unidentifiable “bug” that has attacked our system; or just a “bad hair day”, as we euphemistically refer to.

On such days, it is good to recognize that it is merely a day in which we must “get through” and, at the end of the day, sleep it off, shake our heads and declare, “Boy, that was rough, but I was able to get through the day”.  Perhaps productivity on such a day is not at its height; or the energy level is a bit off; or the ability to focus or concentrate is off kilter, and we just cannot seem to be in sync with the world at large.  Whatever the reasons, we all have days like that.

It is when those isolated days become a string of days, or an aggregate of months, and then into a compendium of years — that is when a Federal or Postal employee must consider filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.  We all have a “Get through the day” days; but when a medical condition becomes chronic and deteriorating, and when those rare “get through days” become commonplace, then it is time to consult with an attorney who specializes in Federal Disability Retirement Law in order to make the commonplace back into an event of isolated rarity.

Sincerely,

Robert R. McGill, Esquire

FERS Medical Retirement: Adapting to inevitable change

Change is an inevitability in life.  Most people, if confronted with it, freely admit that they do not “like” changes.  Being static; doing things routinely; living by force of habit; having a “routine” — these provide a sense of comfort.  Change, of course, can be a good thing — whether of forced alteration for the good of an individual or circumstance, or voluntarily because a necessary modification was identified, resulting in a greater refinement of efficiency or adjustment towards greater perfection.

Can a life unchanged throughout long survive?  Nature itself and the evolutionary theory of adaptability provides a partial answer: Those species which failed to adapt to a changing environment became extinct; others who adapted, whether by natural selection or (in the case of human beings, presumably) by planning, were and are able to survive the vicissitudes of tectonic shifts of change.

There are, of course, those who thrive on change — we read about them in various accounts about people who love the thrill of daily tumults and the unpredictability of ordained routines, or lack thereof and the instability of a life replete with the “high” of adrenaline flow that never ceases.  Can there be people like that — of the high-wired, high-strung individual, and do they constitute the paradigm of how the human species was able to survive the spectrum of past climate changes ranging from devastating floods, shifts of weather and increase of temperatures?

There are macro-based changes and micro-based ones, depending upon one’s perspective.  Global modifications represent the macro; alterations in individual lives constitute the micro.

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, the need to file for OPM Disability Retirement benefits under FERS may seem like a “micro” change to the outside world; but for the individual, it is a big deal, and how to adapt to the change that will come about in filing for Federal Disability Retirement benefits can be a major, tectonic shift in one’s life, and to prepare for adapting to such a change, you should consult with a FERS Attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Tomorrow and the day after

Tomorrow is for delay; to procrastinate, the day after.  Isn’t that the adage that recognizes what is truly going on — of saying, “Oh, I will get to that tomorrow”, but when asked about a project you dread (perhaps the unfinished novel that has sat in the bottom desk drawer for the past year; the basement that needs cleaning; the shed where all unused items and discarded castaways need “straightening up”, etc.), it is always to be accomplished “the day after tomorrow”.

Why is it that tomorrow may yet come and become realized, but the day after that somehow never arrives?  Is a single day delayed beyond the thought of tomorrow somehow too far from the reality of today such that it never arrives beside the closeness of tomorrow?

Saturday brings the smile of Sunday yet to be enjoyed, and leaves Monday too far to worry about, just as Sunday brings the anxiety of Monday because Monday is merely tomorrow and not the day after that.

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, the delay in postponing the preparation of a Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often understandable because it is, indeed, a “major step” into the unknown beyond, where careers must change, life enters a period of upheaval and the future holds a modicum of uncertainty.

But while delay until tomorrow may be reasonable, don’t let the “Day after Tomorrow” catch you into a trap where tomorrow never comes except in a rush where tomorrow’s exigency suddenly becomes an emergency too far delayed.

Filing for Federal Disability Retirement benefits is something no one thought about for tomorrow; but tomorrow quickly becomes today, and for the Federal or Postal employee suffering from a medical condition, the today that was once tomorrow’s comfort of delay will not change the reality of what must be done the day after.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Pathway of Choice

Pathways are peculiar entities; pre-Google Map times, they were a maze of forbidden routes, romanticized by a generation who were familiar with the television series, Route 66, and about hitchhiking, wrong turns, Robert Frost’s famous poem and Rand McNally road maps.

Now, of course, Google guides, directs, and (sometimes) allows for avoidance of unnecessary delays.  But is it the pathway of choice, and even more importantly, is the pathway chosen the best one for each one of us, the most advantageous for us, and the one which ultimately is in our best interests?  If the pathway that is chosen is simply so because all others are never known, or merely because that is the Robert-Frost-look-alike, when in fact it is delimited because of our lack of knowledge, is it really out of choice or of necessity?

Perhaps the career chosen is not turning out to be the realization of one’s dreams; or, as sometimes happens, an unfortunate set of circumstances has intervened — like a medical condition — and suddenly the pathway of choice that we thought would fulfill our hopes and dreams no longer seems possible; then what?

For Federal employees and U.S. Postal Service workers who suffer from a medical condition such that the medical condition no longer allows us to perform all of the essential elements of the Federal or Postal positional duties, the pathway of choice for the immediate future may seem constricted:  Stay put and suffer; walk away with nothing; or, prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

That is the tripartite fork in the immediate road on the way to one’s pathway of choice; but then, there are other “forks in the road” beyond, such as being able to work at another job after one has been approved for Federal Disability Retirement benefits, whether in the private sector or in a state, county or municipal employment scenario.

Don’t be restricted to the immediacy of one’s pathway of choice, for there are many forks beyond, and the pathway of choice as dictated by Google maps only tells you which turn to make in the next quarter mile, and not about what may be chosen in future lives yet unforeseen.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Representation: Ikebana and life

Flower arrangement is an ancient art form that reflects the conduit of living.  If you look up the etymology in wikipedia, the term is derived from 2 simple concepts in Japanese: “Ikeru” (meaning, “to live” or “living”) and “hana” (as “flower”).  Thus, the two concepts combined form the compound meaning that embraces multiple connotations — of paralleling one’s manner of living by the arrangement of flowers that fill the home; of the appreciation of such arrangement in reflecting the order or disorder in one’s own life; and of allowing the fragrance of life to permeate throughout one’s personal circumstances, etc.

The type of arrangement one engages; the sparseness or fullness that one orders; the manner in which color and form are aggregated, placed, trimmed and gathered — these can all mirror and duplicate the parallel universe of one’s own life.  An Ikebana arrangement can reveal much, both about a person and the inner soul, the life’s worth, the worthiness of deeds accomplished, and the lifetime of the values imparted.

Medical conditions can do the same — they tell not only about a person’s will to live and the endurance of pain and suffering within this world, but also about everyone else and how a society treats its workers.

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 the Federal or Postal job, the long and arduous journey through one’s medical condition must be met with the complex administrative process of filing an effective Federal Disability Retirement application.

Through such a bureaucratic process, one will encounter the same things that are reflected in Ikebana and life: of a life that must be rearranged; of colors, shadows and hues that must be mixed and matched; and of the ordering of priorities encountered, the changes of that which thrives or wilts; all of these, like Ikebana and life itself, must be considered when preparing, formulating and filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire