OPM Disability Retirement under FERS: The Value of Effort

Employers will often declare that merely “showing up” is half the battle; if so, showing up on time will more often than not complete the victory of that metaphorical battle.  The value of work is likely a “learned” response; in human beings, it does not appear to be an innate, natural gene which dominates.

In the animal kingdom, one often sees the male lion lazing around while the female of the species goes out and hunts for food.  The female lion — or “lioness” — appears the more athletic and quicker; somehow, that large mane and overdone hairdo seems to slow down the guys in the bunch.

But as necessity is the mother of invention, those documentaries of the wild sometimes capture the males putting in the effort when hunger pains prompt the value of such expenditure of stamina, blundering about in a sudden spurt of energy previously reflected with flies buzzing around the eyes of a sleeping giant.

Yes, there is value in effort, and for Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows you to continue in your career of choice in the Federal Government, it is often the case that the U.S. Office of Personnel Management will attempt to subvert that effort expended in trying to obtain a Federal Disability Retirement.

The question then becomes a contest between two entities expending effort: On the one side, the vast bureaucracy of the U.S. Office of Personnel Management in trying to deny you your benefits, and on the other side — you.  The value of effort — then of greater effort — may be in retaining the services of an OPM Disability Attorney who specializes in Federal Disability Retirement Law, where the value of effort is seen in the knowledge, application and citation of the relevant legal precedents which need to be invoked in order to fulfill the value of effort.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and see whether or not the value of effort can be concretized in the proper recitation of the 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.

 

The U.S. Office of Personnel Management: The Objective Perspective

There are those, of course, who contend that there is no such thing; that we are all colored by our biases and prejudices; that “objectivity” is a false premise, to begin with, and merely a pretext to spew one’s hidden agenda.

But the mind is greater than a mere cauldron of personal beliefs.  It can, through logical analysis, strip away personal content, private biases and reach a level of logical judgements through an extrapolated methodology of abstracted conceptualizations unfettered by privately-held prejudices.  It is comprised by a disciplined approach, and is a perspective which is obtained through self-checking and considered judgments.

The U.S. Office of Personnel Management, of course, claims to review all FERS Disability Retirement applications with an “objective perspective”.  They will claim that they are not out to deny a claim, but merely reviews all Federal Disability Retirement applications with an “objective perspective”.

Have you ever read a denial of a FERS Disability Retirement application issued by the U.S. Office of Personnel Management?  They make it sound as if you had absolutely no chance of success.  Does that approach appear to be “objective”?  “Unbiased”?

Consult with an OPM Disability attorney who specializes in Federal Disability Retirement Law, and hire a Federal Lawyer who goes beyond the objective perspective, and instead becomes an advocate who will argue in your favor.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee’s Medical Retirement: A Perspective on Truth

The traditional philosophical arguments surrounding the nature of Truth, the “battle” between “Absolute Truth” and “Pure Relativism”, etc., are too often simplified and reduced to sloganeering and shouting matches which end up being nothing more than accusations as to whether one believes in a Higher Order of Being — or not.  Yet, it is often a perspective upon appearances which determines the “truth” of a statement.

Plato pointed this out in reference to the three towers in the distance; if seen from one direction, they appear to be only one; if seen from another, they constitute 3 distinct objects.

The U.S. Office of Personnel Management, in denying a Federal Disability Retirement application under FERS, takes a similar perspective on truth.  They will take each medical condition cited, isolate each and minimize the impact of the separated medical conditions upon one’s ability or inability to perform the essential elements of one’s Federal or Postal position, and by approaching the “truth” this way, can purport to make your case appear “as if” you never had any case at all.

Now, some might critically argue that such an approach is “disingenuous” (i.e., somewhat akin to the “absolutist” argument), while others merely view this as “clever” (i.e., akin to the “relativists”).  The point of OPM’s approach is to make you believe that you never had a chance to begin with, and to have you go away without filing for Reconsideration, thus reducing their caseload by a numerical insignificance until multiplied by an exponential factor of greater percentages.

The way to counter OPM’s argument?  To identify their approach and counter it with a different, more powerful perspective on truth — by further medical documentation and more powerful legal argumentation which makes OPM’s argument impotent and irrelevant.

For, in the end, a perspective on truth must be countered by proposing an alternative perspective on truth — of showing that the three-towers-in-one is a mere illusion and a trick of the eye.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: The “Right” Way

There are many ways to do things.  Often enough, we have heard our parents say gently, “Yes, you can do it that way, but the better way is…”.  The increasing superlatives — “good”, “better”, “best” — are like the houses in the story of the Three Little Pigs, of the house that was made of straw; the one constructed of sticks; and the last one, of bricks.

Can we say that all three were “good” houses?  It depends, one supposes — upon the utility, the comfort, and the “reason” behind why and what the house was built for.  As a matter of mere location for sleep and comfort, one could argue that any of the three homes were adequate.  If, however, as the story unfolded and revealed, for protection from predators, then there was indeed only one which was the “right” one — the one constructed of bricks.

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, it is important to prepare, formulate and file a Federal Disability Retirement application in the “right” way.  Yes, there are many ways to do it, but in the end, the sequence of how one formulates and puts together a FERS Disability Retirement application is, indeed, the “best” and “right” way.

Consult with a Federal Attorney who specializes in Federal Disability Retirement Law and begin the process of preparing your Federal Disability Retirement case in the “right” way.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Disjunctive of Life

How often is it “either/or”?  It is the famous work of Kierkegaard, is it not?  Faith often requires it; happiness, somewhat so; but generally, the disjunctive of life is merely when we force the issue, or when circumstances dictate that a choice between only 2 alternatives seemingly presents itself as the only ones viable.

Marriage is often a series of compromises throughout a lifetime, if it is to remain successful and long lasting; careers, too, hit various roadblocks and must often allow for concessions, until something better comes along; and friendships — well, if you are going to have any, you must allow for the foibles of unattractive excesses to be ignored in order to maintain or retain any friends.

But the ultimate disjunctive of life is often where circumstances become so unbearable as to dictate a choice between two unattractive alternatives, and for Federal employees and U.S. Postal workers who suffer from a medical condition and need to file for Federal Disability Retirement benefits, the disjunctive of life comes to this: Can I continue in this job until regular retirement, or will my medical condition continue to remain chronic and even worsen, such that I will ultimately be terminated or be forced to resign?

If your circumstances echo the truth of such a choice, then it is time to consult with a FERS Disability Attorney who specializes in Federal Disability Retirement Law and begin the process of proceeding with the disjunctive of life that you may never have thought would present itself.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: The Past Upon Present

The guru dressed in flowing white garb may claim that the past is a fiction; those various “self-help” books will often declare that time is merely a continuum where we can only control that which is in the immediacy of our presence; and various philosophers have stated that the relativity of time must always be seen from the perspective of the “now”.

There is no doubt, however, that in the practical work-world, the past remains within the purview of haunting consequences.  Whether of youthful indiscretions or a darker past of substantial historical relevance more than a mere raising of one’s eyebrow, past performance is often used as an indicator of present behavior and conduct.  If a person has been convicted of embezzlement, does one consider that past in hiring practices for positions of responsibility — especially where money is involved?

Those who wave off the relevance of such considerations simply do not live in the real world.  We cannot avoid our past anymore than others will ignore it.  And so it is in Federal Disability Retirement Law, where the U.S. Office of Personnel Management will often place undue weight upon Performance Appraisals, cash bonus issues and whether there have been any deficiencies in performance, conduct or attendance in assessing and evaluating a Federal Disability Retirement application under FERS.

Consult with a FERS Attorney who specializes in Federal Disability Retirement Law before initiating a process where your past may not be your best friend or, even if it is, whether you may yet be stabbed in the back — metaphorically speaking, of course.

Sincerely,

Robert R. McGill, Esquire 
FERS Disability Retirement Lawyer

  

OPM Federal Disability Retirement under FERS: Not as Before

Before what?  That is the natural response.  We tend to bifurcate our lives into segments which are palatable and comprehensible; of a time before X happened, and then our present existence after X; before we had children, and after; before we became married, and after; before some traumatic incident, and sometime thereafter, etc.  The present “I” is never the same as “before”, and one could even say that truthfully about every minute, every hour and every millisecond of a distinction between the “I” in the current state and the “I” of a past state of being.

Whether on a physical, cellular level where genetic structures alter and decay even by the minute; or on a cognitive level where new information, additional data is being processed by our brains every moment of our lives.  We are not as before; we are constantly changing; and like the river which Heraclitus identified an analogy for human existence, so the vicissitudes of the world surrounding impacts us daily such that we are not as before.

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 likely bifurcating event is the medical condition itself.  No, you may not be the same as before, and it is that identifiable change which forms the basis for eligibility of a Federal Disability Retirement benefit under FERS.

Consult with an attorney who specializes in Federal Disability Retirement Law and consider applying for Federal Disability Retirement benefits; for, not only are you not as before, but likewise, your Federal Agency or the Postal facility are viewing your work and future not as before, as well.

Sincerely,

Robert R. McGill, Esquire