OPM Disability Retirement Lawyer: Preemptive Actions

Knowledge can be a dangerous commodity; partial, or little knowledge, can be all the more damaging, precisely because actions can result based upon incomplete information and slices of factually curtailed composites.

The Court of the Appeals for the Federal Circuit has previously pointed out one of the methodological deficiencies engaged in by the U.S. Office of Personnel Management, in its review and determination of Federal Disability Retirement cases:  of focusing upon that which is not included in a Federal Disability Retirement application, as opposed to reviewing the information of what has been received.

Such a distinction may be a subtle one, and a difference which can be easily overlooked, but it reveals much more than mere word-play.  For, what it manifests is an application of a criteria based upon an erroneous assumption, and one which continues to be applied to this day, despite case-law which admonishes OPM to the contrary.

Vanieken-Ryals v. OPM, a 2007 Federal Court of Appeals case, points out the error of OPM’s ways in Federal Disability Retirement cases, where insistence upon “objective” medical evidence continues to dominate, despite the lack of such requirement to the contrary.  Such an issue is especially relevant, of course, in cases where psychiatric medical conditions prevail, and when OPM insists upon the lack of such “objective” medical evidence where none can be obtained, it leads to Federal and Postal employees to react desperately in a preemptively unreasonable frenzy of actions.

Not knowing the law is one thing; knowing, but deliberately ignoring it, is quite another.  But the price Federal and Postal employees pay for when a bureaucracy engages in practices which clearly defy the clear mandate of legal requirement, results in preemptive actions which ultimately lead to another day in Court, to argue that which one thought was previously already established.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for the Federal or Postal Employee: Character Questions

Questioning one’s character occurs in multiple guises, by subtle and overt means, through self-reflection and conspiracies of consorts; one can question through self-reflection, when an intended result falls short of expectations; one can do it to others, when that which was promised was unfulfilled; or, we can do it out of sheer meanness, when rumors and unverifiable gossip can eat away at the fabric of one’s unprotected persona and self-image.

The offense of questioning one’s character is grave, indeed, and the responsiveness of reactionary rectitude is often tied to the sensitivity of one’s self-image, the reputation one holds within a given community, and the sense that one must maintain and control the opinions of others.  Indeed, in this world of Facebook and rampant, unconstrained and un-restrainable opinions thrown about throughout the ethereal universe of the Internet, the questioning of one’s character is something which must be responded to with a callous disregard.

For Federal employees and U.S. Postal workers who must contend with a hostile work environment when a medical condition begins to impact one’s ability to perform all of the essential elements of one’s job, the issue of character questioning falls to the forefront without notice, without warning, and without a capacity to quickly respond.  Suddenly,  those years and decades of dedicated service are open to questioning; what one did in the past counts for naught; what one is currently doing is discounted because it falls short of coworkers’ expectations because of the enormous contributions of the past, which now account for little; and what is anticipated for the future is set aside, as one becomes a nobody in a universe which only takes into account the present actions and current accolades.

The fact that a medical condition is the culprit of one’s diminished professional capacity means little; and as the agency rarely reveals any underlying capability for empathy, the choices become limited: filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, is often the best and most viable option. Federal Disability Retirement is a means to an end:  the means requires that the Federal or Postal employee attains a level of security such that the medical condition itself can be the primary focus; the end is for the Federal or Postal employee to remain productive for the future, and to utilize the talents and as-yet-unrealized contributions to society for the many years to come.

Character questioning is a game of sorts, and one which empty souls and superficial artifices of valueless individuals engage in; the question itself should never involve a self-reflection of doubt based upon the invalid criticism of others, but the forthright confidence of the Federal or Postal employee who still has many years of valuable contributions left, in a society which screams for character.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Rhythmic Interruptions

A simple alteration such as moving the clock forward or backward one hour, in accordance with daylight savings time, can interrupt the rhythmic habituation of daily living.  Such minor tinkering has greater impact than we care to concede, and to which we fail to respond appropriately.

Man enjoys the pinnacle of technological snobbery; daily, he lives “as if”; whether lost in the insular privacy of his own thoughts, or deliberately in the parallel universes created through video escapism, virtual universes of linguistic scaffolds high atop the animal kingdom, the ignoring and averting of biological rhythms is to the detriment of health, whether mental or physical.

One can get away with dismissing a singular incident of feeling out of coordination because of a long day, a tiring embattlement with work, or a protracted convalescence from unexpected turmoil. But medical conditions which are progressive in nature, chronic in defying avoidance, and deteriorating to a degree which cannot be denied, are all greater exponential forces beyond mere rhythmic interruptions of daily routine. Some things, we can ignore; others, we do so at the cost of paying a greater price by procrastination.

Federal Disability Retirement benefits are available for the Federal employee or the U.S. Postal worker who decides, after long and quiet deliberation, that an impasse has occurred between one’s health and one’s physical or cognitive requirements of the positional duties required by the Federal or Postal job. Rhythmic interruptions are one category; medical conditions which have an interceding impact upon the ability to perform the essential elements of one’s Federal or Postal job, quite another.

Fighting the good fight does not mean that one should expend to the end of time at the cost of one’s health.  When the Federal or Postal employee recognizes that the fictional fantasy of being at the pinnacle of the animal world does not include being exempted from the biological reality of injury and disease, and that rhythmic interruptions resulting from a health issue need to be attended to, then the benefit of Federal Disability Retirement will be appreciated, as it is an employment benefit available to all Federal and Postal employees who have the minimum years of creditable service with the Federal Government.

One can lie to one’s self only for so long; and as the species of Man can survive with the blanket of surreal condiments by asserting exemption from biological entrapment, so the Federal and Postal employee who suffers from a medical condition such that the medical condition prevents one from performing one or more of the essential elements of one’s Federal or Postal job, can endure pain and rhythmic interruptions only for so long.

Sincerely,

Robert R. McGill, Esquire