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.

 

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 Disability: Formulating the Reconsideration Rebuttal

It is a frustrating process when the U.S. Office of Personnel Management (OPM) issues a denial and the Federal employee or Postal Service worker must respond effectively within a limited prescribed time.  OPM has all the time in the world to prepare the denial letter, and will often take as long as they want in preparing a lengthy denial letter.

Once received, the denied Federal applicant has 30 days from the date of the denial to “Request Reconsideration” and will be granted 30 additional days beyond the time requested in order to submit any legal response and additional documentary evidence in support of your case.  Then, within that prescribed time period, a response must be prepared and submitted.

It is this formulation of substantive responsiveness that will determine the future course of the next steps — whether a subsequent denial will require a further appeal to the U.S. Merit Systems Protection Board, or with approval of the application, the end of the bureaucratic process has occurred and the next frustrating phase of waiting for the payment department to begin issuing annuity payments will ensue.

As with all things with unlimited time on one’s hands, OPM will extract every word and phrase from doctor’s notes and office visits, take them out of context and interpret everything in favor of denial.

It is often an overwhelming process of a “shotgun approach” where OPM attempts to make it appear as though (A) You were ridiculous in even trying to file for Federal Disability Retirement benefits and/or (B) what you had submitted previously was entirely insufficient and need not even be considered any further.

The net effect of the denial letter is to leave you with the impression that you should forget about the whole thing and just give up.  Don’t be fooled by this tactic, because that is all that it is — a ploy to just convince you to give up.

Instead, break down OPM’s arguments into manageable categories, of which the two primary ones are: (1) lack of showing of a deficiency in performance, conduct, or attendance and/or (2) insufficient medical documentation.  Then, attempt to gather any further documentation to reinforce those weak links and argue how the caselaw or statute is met with the additional supportive documents.

One other reminder: So long as you have met the timeframe of requesting reconsideration  within that 30-day period, you have a chance at winning your case —so, make sure you file the request in a timely fashion.  And, furthermore, you may want to contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law to help you formulate an effective response.

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.

 

Responding to an OPM Disability Denial: The Mixed Case

Of course, it can be readily argued that every case is a “mixed” one — meaning thereby that the disability case itself cannot ever be merely based upon interpreting the facts presented (or, in the case specifically of a Federal or Postal Disability Retirement claim, interpreting the medical documentation), but necessarily includes case law and statutory criteria beyond the facts of the case.

That being so, it is all the more relevant to recognize that in a Federal Employee Disability Retirement case, mere recitation of the medical documentation does not resolve any differences of analysis.  OPM systematically either fails to recognize the applicable laws in denying the Federal or Postal employee’s application for Federal Disability Retirement, or acts as if they are an autocratic bureaucracy unrestricted and uninhibited by any statutory or judicial mandate of the governing laws.

The fact is that every Federal or Postal Disability Retirement case is a mixed case where the precedents of prior similar cases have rendered legal decisions impacting upon specific issues inherent in every disability retirement application, and the core disputes which arise rarely focus upon the medical documentation, but more often upon the legal interpretation arising from the application of the relevant laws upon the medical documentation.

That is why the U.S. Office of Personnel Management (OPM) is so often wrong in their initial determination in denying a Federal Disability Retirement application — because the “medical specialists” at OPM are not lawyers and therefore are not conversant in the relevance and impact of the ever-growing body of laws governing Federal Disability Retirement.

That being said, in responding to a denial of a Federal or Postal Disability Retirement claim by the U.S. Office of Personnel Management, it is important to always respond with the force of the law and to continually remind OPM that their failure to approve your case is not merely a difference of analytical opinion, but is a clear and blatant violation of the applicable laws governing the issues concerning your Federal Disability Retirement application.

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 Medical Retirement: Empathy: What it Says About Us

In a recent Wall Street Journal Article, there was a story about 3 people who died — of professional individuals who had purchased cocaine, but where the “product” was tainted with fentanyl and perhaps some other deadly additives.

Why was it so difficult to feel a sense of empathy for these people?  The fact that they all seemed “privileged” — of having good jobs, being young and having all of the alleged “appearance” of having social, professional and financial advantages — seems to come into play.  The judgment we make is: It was their “choice” to buy the drugs, to take them, to understand the chance they were taking, and so….

Yet, how are they any different, substantively, from the child who grows up in the “projects” and is daily surrounded by drug dealers, criminals and bad parenting?  What is the substantive difference between the two?  Why do we have empathy for the child who grows up with disadvantages and succumbs to them, but not for the ones who seemingly have all of the advantages in life, and yet, squanders them and descends to the level of those who have always been without?

Empathy is a funny animal; and moreover, it probably says something about us when we show it for some, feel it for others, and yet for those “others” — none at all.  Which is a lesson for Federal and Postal employees who suffer from an injury or disease, and who have shown a sense of loyalty to their Federal Agency or Postal Unit for many years, and expect to find some sympathy when they file for Federal Disability Retirement benefits under the FERS system.

Perhaps you believe that you will receive some modicum of empathy from your Agency or Postal Service.  Don’t.  And when you do not, don’t begin ruminating about it; for, in the end, it says something about your Agency, and not about yourself.

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 Early Medical Retirement: Integrity

What is it?  One definition states: A. The adherence to moral and ethical principles; soundness of moral character; honesty, and B. The state of being whole, entire, or undiminished.  Yes, the first one is what one expects; it is the second definition, however, which is the more relevant, and perhaps needs to be fleshed out.  For, isn’t that the true basis for the meaning of the word?

That there is a “wholeness” between the words one speaks and the actions one takes.

Take the following hypothetical: A former president (who will remain unidentified) who was almost kicked out of office for an indiscretion committed in the oval office (yes, yes, it is hard to guess who that might be, these days — but here is another hint: There were, in the salacious context of the entire affair [sic], multiple “Speakers of the House” who took the post, then subsequently resigned because they, too, were outed in retaliation by the White House) goes around the country lecturing at high schools and colleges on the following subject: “The importance of Fidelity in a marriage.”

Would you go to such a lecture?  Would you allow your son or daughter to listen to the ex-president?  Why, or why not?  Does it matter who the speaker is?  Why does it matter?  Isn’t the truth of what he says, true — regardless of who delivers the lecture?  Would it make a difference if someone else gave the lecture — say, some old geezer who has been married to his wife for 75 years?  If so, why?

Perhaps because the penumbras of integrity still haunt our society, where words and actions still require “wholeness”.

Certainly, that is the case (allegedly) in a Federal Disability Retirement case, where your Statement of Disability (SF 3112A) should match the Physician’s Statement (SF 3112C), where the coordination and connection results in a “wholeness” which will then turn into an approval from the U.S. Office of Personnel Management, when a Federal or Postal Disability Retirement application is put together in the effective manner in which it should — based upon the concept of integrity.

Contact a Federal Attorney who specializes in Federal Disability Retirement Law, and make sure that the entire packet is prepared, formulated and filed with the concept of “integrity” — “wholeness” — in mind.

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 Disability Retirement: The Sound of Fury

It is the partial title of Faulkner’s classic, of course — The Sound and the Fury — of the emptiness of shadows, or attempting to regain what once was, of reputation and dignity.

Much of life today is filled with the sound of fury — for what; about what; for what reason, is anyone’s guess.  But there is fury all around — against the government; against people who have opposite viewpoints; against life itself.  Whatever the sound of fury sounds like, we can hear it on talk radio, in political speeches, in Twitter and other Social Media outlets.

There are sounds, and then there is fury, and the two are different, which is why Faulkner’s title tells the full story, whereas in today’s circus of unhappy lives, the “half story” of the sound of fury is so much more apt.  For, so much of the furor and the sound of fury is about nothingness, but as passion sells and the greater sound of fury persuades and fills the void where reason and rationality once prevailed, so the sound of fury is what dominates modernity.

For Federal employees and U.S. Postal workers who voice the sound of fury against the unfairness of life when a medical condition begins to impact your career, remember that Federal Disability Retirement benefits under the FERS system is available as an option to merely voicing the sound of fury.  It is a benefit which you earned when you became a Federal employee and earned a minimum of 18 months of Federal Service.

Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law, and begin the process of initiating an effective Federal Disability Retirement application under FERS — not necessarily with any sound of fury, however.

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: Elevating Silliness

Much of the political rancor of modernity is silliness, and the insularity of our lives — of engaging in social media discussions, thinking that serious conversations can be engaged on Smart Phones and computers, etc. — is the elevating of such silliness.

Then, when a hurricane hits an area and devastates a population, we realize that there are actually real and serious issues facing us which transcend politics and the rancor of disputatious irrelevancies.  There are, of course, many issues which continue to deride their seriousness by non-action and inaction, such as the growing national debt, the inflationary impact of unfettered spending, etc.

But then, the very fact of inaction and ignoring of such issues so that any resolution or attempted legislative corrections are merely “punted down the metaphorical and proverbial road” for future generations to deal with — well, that in and of itself, is elevating the entire process to a level of silliness unheard of.

One area of seriousness which should never be elevated as silliness but is nevertheless so often done, is the protection of employee rights.  Federal Disability Retirement Law is one such area, and everyone should consider it a sacred law to be protected and secured.

It is part of the “employment benefits” which all Federal and Postal employees enjoy; and while it is taken for granted — most Federal employees and U.S. Postal workers never even think about it because, when you are a healthy individual enjoying the fruits of your labor, you naturally do not concern yourself with “what ifs” — it is there for you to access it when and if needed.

If you are a Federal or Postal employee with a minimum of 18 months of Federal Service, and you find that you can no longer perform one or more of the essential elements of your job, contact an attorney who specializes in Federal Disability Retirement Law.

Health is one of those issues which can never be silliness to be elevated, for it is the essential fibre of one’s life.  And while we can often distance ourselves and look up the elevated silliness which pervades our society — especially in politics — we can at least all agree that health is one subject which is neither silly, nor needed to be elevated.

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: Between the Particular and the Universal

There is always a distance between the particular and the universal.  In syllogistic logic, a universal can never be derived from a major and minor premise proposing particulars.

You cannot argue that because Harry down the street wears blue pants, and Joseph next door wears green pants, that therefore the whole world wears either green or blue pants.  You can, however, argue that Since all men are mortal, and Socrates is a man, that therefore Socrates is mortal — deriving a universal from a Major Premise which is universal, a minor premise which is particular, and ending with a conclusion which is universal.

Effective conversations often go that route — between “kitchen-table talk” and more generalized conversations which avoid the particulars, lest such personalized conversations lead to acrimonious, seemingly-confrontational and unpleasant exchanges.  Talks with your kids have to thread the fine line between accusatory admonitions and seemingly harmless, more generalized analogies.  That’s why the Bible cautions one not to provoke one’s children; for, overly particularized conversations become too uncomfortably provocative.

There is thus the twilight between the particular and the universal, and for Federal employees and U.S. Postal Service workers who want to prepare an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, a fine line and a delicate balance must be implicated between the chasm separating the particular and the universal.

What is identified as the Twilight between the two must be cautiously maneuvered through.  Too much information in the particular can defeat a Federal Medical Retirement case.  Overly emphasizing the universal — the statutes and the laws governing every Federal Disability Retirement case — without the backdrop of the particulars of one’s medical conditions, can likewise defeat a Federal or Postal Service Disability Retirement claim.  That delicate balance must be achieved — of the Twilight Between the Particular and the Universal.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law, and thread the delicate line within the Twilight between the Particular and the Universal.

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.

 

U.S. Merit Systems Protection Board & Disability Retirement: The Quiet Case

There are a significant amount — of the one’s without a fanfare, no formal MSPB opinion, but nevertheless, a “win”.

Many Federal and Postal employees get to that Stage — Stage 3 — an appeal to the U.S. Merit Systems Protection Board.  At this Stage, all reasonable attempts to persuade the medical specialists at the U.S. Office of Personnel Management have failed.

At the First Stage of the process, you filed your best shot and provided the utmost of medical documentation, but they denied you, anyway.  Perhaps it was because your previous year’s performance ratings were excellent, and you may have even received a cash award.  Or, maybe the medical opinions of your doctors were not sufficient.  Maybe OPM wasn’t persuaded that your condition would last at least 12 months.

Whatever the reasons, you had to go through the Second Stage of the process — the Reconsideration Stage.  You gathered whatever else you could, and submitted it within the timeframe allotted.  You hoped for the best.  When the denial came — the Second Denial — you knew you were in trouble.  The MSPB?  How are you going to maneuver through that complex maze before an Administrative Judge?

And this is essentially the “last stop” — for, if you don’t win it here, you will likely not prevail at a Petition for Review, and going to the Federal Circuit Court of Appeals is prohibitively expensive, and likely not winnable.  Yet, the MSPB opens up a great opportunity — for, what most people don’t realize, is that it is an opportunity for “the Quiet Win”.

Before you ever go to a Hearing on the case; before you have to prepare your Pre-Hearing Submissions — it is an opportunity to listen carefully to the OPM Representative assigned to your case.  If you listen carefully, you will have the opportunity to quietly and behind the scenes, submit additional evidence which could result in that 2.5 Stage of the process — between the Denial of the Reconsideration Stage and the Hearing before an Administrative Judge at the MSPB.

Of course, it will help if you also have an experienced FERS Disability Retirement Attorney involved, who can help you through the “Quiet Case.”

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.