OPM Medical Disability Retirement Benefits: Per Se

The phrase, or word, is often misused or misapplied, but it always sounds intelligent when peppered about in sentences; annoying, when it is over-used and emphasized ad nauseam.  Essentially, it means to point to the importance or significance of something — by or in and of itself, intrinsically.

So, if you point to a person within a group and declare, “He isn’t the only one, per se, who can get the job done!”  Or, “It is not only the photographs, per se, which should convict the defendant, but…”  It is likely not a good idea to insert such a phrase when arguing to a jury, for it would probably confuse them, rather than enlighten them.

In the end, the phrase, “Per se”, is meant to focus the attentive signification upon the subject in question, but the way it is used/misused — with hesitancy and lack of confidence — often detracts from the strength of the phrase itself.  Thus, when a person says, “I’m not saying that my work, per se, is the best I have done.”  Huh?  What?  What did he just say?

For Federal employees and U.S. Postal workers who suffer from a medical condition, per se, and wish to file for Federal Disability Retirement benefits, per se, because the Federal or Postal worker can no longer perform one or more of the essential elements of his or her job, per se, it might be a good idea to contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law, per se.

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 Employees Retirement System (FERS) Disability Law: The Arbitrary Discount

When it is to one’s favor, of course, the arbitrary discount is a welcome benefit.  Every now and again, it happens — more often in an independent store, where the owner will say, “Well, you’ve been a great customer; I am going to give you a 10% discount just because…”.  Just because what?  No reason — just because it is Saturday; just because you are pleasant; just because I wanted to, etc.

That is the nature of an arbitrary discount.  However, what about an arbitrary discount when it is not in your favor?

In a Federal Disability Retirement case, the OPM “Medical Specialist” may deny a Federal Disability Retirement application with the following reasoning: “Your treating doctor is not a specialist in treating X.  The restrictions placed on you are therefore invalid and you have not shown that you are disabled.”  WHAT?  And yet — it is just another arbitrary discount — the discounting of your treating doctor as a valid person to make reasonable medical decisions; it just so happens that such an arbitrary discount is not in your favor.

Even though, of course, the law supports you in every way and even though OPM’s opinion should be discounted entirely.  But hey — OPM is the independent owner of the “store”, and they can do what they want, right?

Contact an OPM Disability Retirement Attorney who can and will fight against such arbitrary discounts.

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 Benefits: Stoic Impassivity

Times are changing.  This is not a new phenomena — for, times always change.  Is it for the better?  Are we advancing linearly, or is history merely repeating itself?

The age of stoicism — that influence by Epictetus of recognizing Fate, Destiny, the things we have influence over and those things we do not — is replaced with this modern age of seeking happiness by controlling our feelings.  The “rational” part of our soul is no longer paramount; it is the “appetitive” side of our nature (borrowing from Plato and Aristotle’s distinctions) which we now allow to control the various aspects of our lives.

“Stoic impassivity” was once the norm — of the British “stiff upper lip” or the American “rugged individualism”, which are replaced with the “touchy-feely” normative imposition of society’s standards where rerouting one’s feelings may lead to greater happiness.  Likely, the pendulum swing from one extreme to the other will settle somewhere in the middle, where both the rational side of a human being and the emotional aspect are both recognized as equally part of Man’s nature.

For Federal employees and U.S. Postal workers who have worked through their medical conditions — stoic impassivity may actually work against you in preparing a Federal Disability Retirement application.

If you have “hidden” your medical conditions and continue to have great performance reviews, the U.S. Office of Personnel Management will likely question the validity of your Federal Disability Retirement application by saying, “Well, your Agency says you’re doing such a fine job — where is the evidence that shows that you cannot do your job anymore?”

To counter this, contact an OPM Lawyer who specializes in OPM Disability Retirement Law and map out a course of action which will be effective in preparing, formulating and filing a Federal Disability Retirement application which overcomes that stoic impassivity you have endured with your ongoing medical conditions.

Sincerely,

Robert R. McGill, Lawyer

 

Medical Retirement Benefits for Federal & Postal Workers: The Approach

In every endeavor, there is what is termed “The Approach”.  It is not any single thing, but a variety of issues comprised of the preparatory work which is engaged; the manner in which a case is developed; the sequence of work that is implemented; what part the client is expected to do; what the cost is; how accessible is the attorney to the client on a regular basis; to what extent the attorney him/herself actually engages in the process, etc.

Different law firms have different approaches, and it is important for the potential client to assess and evaluate which approach works best and why.

For Federal employees and U.S. Postal workers who suffer from a medical condition and can no longer perform all of the essential elements of one’s Federal or Postal position, consider the “approach” of a potential lawyer you intend to hire — and evaluate, assess and determine the best “fit” for your particular situation and circumstance.

Sincerely,

Robert R. McGill, Lawyer

 

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

 

OPM Disability Retirement for Federal & Postal Employees: The Fade of Memories

The following statement is likely not a controversial one: 2020 is/was a bad year.  The pandemic; the economic devastation for so many; the contested national election; the various shut-down orders; the caution not to gather and celebrate with even family members; the isolation; the fear; the constant drumbeat of Covid-19 victims.

These are but a few.  Years from now, will the fade of memories give us a different perspective?  Will this past year — like other years in human history — be kinder in memory than in reality? Will words posited by historians in describing 2020 have adequate force, sufficient articulation and relevant linguistic constructs such that they convey the true sense of this past year?  We shall see.

The fade of memories is an important “talent” which human beings possess.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits, isn’t that the whole point — of trying to reduce the stress, to be able to focus upon one’s health, and to attempt to regain some semblance of sanity; and so long as the medical condition impacts one’s ability and capacity to continue working, the devastation wrought by a medical condition will remain at the forefront of one’s daily living.

Contact an OPM Medical Retirement Lawyer who specializes in Federal Disability Retirement Law, and see whether or not the Fade of Memories will not only bring 2020 as a mere passing dream, but as well to obtain a Federal Disability Retirement annuity in order to help improve one’s quality of life.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Extending One’s Career at a Cost

Our identity is often bundled up and inextricably intertwined with the careers we have chosen.  It is therefore understandable that, even with a medical condition that begins to debilitate, we would want to extend the chosen career to the furthest extent possible.  The question then becomes one of performing a cost-benefits analysis: Does it make sense to try and make it to the proverbial “finish line” of retirement if the cost of doing so is to end up in such a debilitated state that any enjoyment derived in those “sunset years” is minimal, at best?

Federal employees and U.S. Postal workers are, as a whole, a committed workforce dedicated to accomplishing the mission of the Federal Agency or the Postal Unit — often at the cost of one’s health.  There comes a point, however, when the cost of one’s health is not worth one’s contribution to the mission identified, and when that critical juncture is reached, it is time to consider filing for Federal Disability Retirement benefits under FERS.  Extending one’s career at the cost of one’s health is one thing; to do so where the cost means accepting an actual harm to one’s well-being and a permanent loss of enjoyment in one’s retirement — well, that is often termed as a decision that only a fool would make.

Consult with an attorney who specializes in Federal Disability Retirement Law and consider retiring early so that the cost of one’s health doesn’t become the payment overdue for one’s over-zealous commitment to the mission at large.

Sincerely,

Robert R. McGill, Esquire
FERS Medical Disability Counsel

 

OPM Disability Retirement under FERS: Forgotten Lives

Is it the memory that retains importance, or the fear that erasure leads to irrelevance that motivates us to prevent forgotten lives?  Does imprint upon history — whether in a footnote or an “honorable mention” in the epitaph of an unvisited tombstone — mean so much?  Does a reference in a Wikipedia listing count as a counter to a life lived in anonymity?

Most of us accept that we will not leave behind a greater imprint upon history’s rising trash heap of honorable mentions; and, except for dinner conversations amidst family gatherings, where someone might bring up a story that begins with, “Hey, remember when Uncle X was with us, the time when…” — we are left to memories forever fading and references served only by the ivy that grows over graveyards left unattended.

How important is it to maintain a semblance of relevance in a world where the 15-second timeframe of fame and one’s forever-statement of contribution to society keeps getting shortened because of the need to move on to the next and more titillating cause of excitement?

One wonders whether a person clings to doing something merely in order to avoid erasure from existence from the memories of those engaged.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition impacts the Federal or Postal employee’s ability and capacity to continue working in the chosen field in the Federal or Postal sector of employment, the issue of making a decision to prepare, formulate and file an effective Federal Disability Retirement application under FERS is often inextricably tied to the emotional upheaval of forgotten lives.

When one’s purpose and motivation for daily living is so intertwined with one’s career, work and the daily relevance of a mission yet to be accomplished, it is a difficult step to take, to recognize that one’s contribution to society may be coming to an end, resulting in forgotten lives and erasure from relevance.

But always remember that priorities must always be assigned, and the priority of one’s health comes before any fear of an honorable mention in a Wikipedia footnote, and just as there is life after a career with the Federal government, so it is also true that history is replete with the unnamed and unmentioned contributions of forgotten lives forever extinguished.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The beginning, middle and end

It is a cognitive invention, as most events and occurrences are a continuum without such neatly-trifurcated wholes segmented into a tripartite of sectional constructs.  That is why sophistry can rule — because thought fails to meet reality and conform with it.

So the argument goes: An arrow shot from a bow can never reach its destination, as the the distance the arrow travels merely cuts the chasm between Point A and Point B in half every second or a fraction thereof, and as a line can be divided into halves into infinity, so the tip of the arrow can never overcome the mathematical division of measurable distances.  Yet, the hunter knows this not to be true, and the deer that feels the pierce of an arrowhead recognizes not the hypothetical constructs of philosophers and madmen.

Similarly, we ascribe to various conceptual constructs the “beginning, middle and end” — as in a novel; a stage play; the chapters of a life lived; a career; a failed marriage or of a successful one.  As to the latter — the “beginning” is described with adjectives of romance, love and passion unadorned; the “middle”, often with children, debts incurred, a home purchased and a career undertaken; and as to the “end”, whether of irreconcilable differences, infidelity, death or together taking walks into the sunset of two lives joined for a lifetime, depends largely upon the story told from the beginning, extending into the middle and coming to fruition towards the end.

In telling such a story, it is often less important what happened in “the beginning” — though couples often focus far too sharply upon that period, like prurient interests magnified by the query, “So, how did you two meet?”  It is more often the “middle part” that determines the course of the end; of the stresses of family life; the enticements and opportunities that can derail the best of intentions and muddle the principled mind; for, the “happy end” depends largely upon the activities of the middle, and it is the middle period that sets the foundation for the end.

And, as with almost all things worth pursuing, preparing and formulating a Federal Disability Retirement application by a Federal or Postal employee, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, requires a solid foundation both in the “beginning” and the “middle” phases of the process, in order to bring about a favorable “end” to the complex administrative process.

The “beginning” part of the bureaucratic process identified as “Federal Disability Retirement” often involves the medical condition itself, and the recognition that a change is needed.  The “middle” part involves the complexity of preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS offset; and the “end” embraces the hope of a First Stage Approval, but if not, the Second Reconsideration Stage and, if necessary, an administrative hearing before a Judge at the U.S. Merit Systems Protection Board.

Whether you as the Federal or Postal employee find yourself in the beginning, middle or end of the process identified as “Federal Disability Retirement”, always remember that wise counsel in the beginning makes for a smoother path in the middle, and greatly increases the chances of a successful end.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: The tangible

What are the criteria by which one lives?  Is there a singular, dominant principle, as in “A Criterion” or “The Criterion”, or multiple ones; or perhaps an overarching archetype with subsets of mini-components that are all in their aggregate subsumed by a greater Platonic Form, somewhat like “Goodness” that predominates, with subtexts of lesser categories?  Or, do we just blunder through life without them and arbitrarily bump into decisions, pathways that take us hither and yonder, and never quite escape the confusions of our own making?

Some people consider themselves to be “idealistic”, and look always for the good in others; still some, pure cynics such that they suspect the worst in everyone; and most, an admixture of the two extremes in a spectrum of choices.  There are, in philosophy, the “logical positivists” who declare that nothing makes sense unless validity of a statement can be established, and such a criterion normally involves the tangible.  That which we can see, feel, hear or establish by logical methodology comprises the entirety of one’s existential reality, and there is some truth to such an approach.

It is said that in youth, much idealism begins; in middle age, some waning of hope must by necessity be accepted; and by old age, a seeping cynicism inevitably prevails.  The tangible is that which we can embrace, feel, rest our hopes upon; otherwise, the cold icicles of other people’s indifference will ultimately become the obsession of our lives.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition has begun to result in tangible manifestations — i.e., use of LWOP has become noticeably frequent; performance ratings are anticipated to be questionable; supervisors and coworkers have begun asking questions; but most importantly, you yourself have begun to notice a deterioration in your ability and capacity to maintain the level and pace of working at the Agency or Postal facility — the “criterion” to be applied is quite straightforward: Are you still able to perform all of the essential elements of your positional requirements?

If not, then it is time to consider preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset.  The criteria by which we live are often complicated; it is the tangible which brings everything back down to earth from the lofty heights of idealism, youth and folly.

Sincerely,

Robert R. McGill, Esquire