OPM Disability Retirement: The Winning Argument

Most arguments are not won by sheer force of logical persuasion; for, that would require the assumption that not only does everyone think “logically”, but that everyone also has been versed in the technicalities of propositional and syllogistic logic, has studied them and accepted them as overriding and dominant methodologies of discourse.

We like to harken back to the classical period of civilization’s cradle and cloak our biases with Aristotle’s dictum that we are all “rational animals” — implying thereby that our thought processes are powered by a predetermined set of algorithms characterized by the model of a supercomputer.  Yet, we — as fallible human beings ourselves — instinctively know better.  People do not think, leaving aside argue, by mere logical rules and discourses of such modalities; there are almost always other factors involved, whether of emotional ties, internal egoistical motivations or just the pure and unadulterated need to win at every engagement.

Aside from such human factors, however, is there an “objective” standard that characterizes a “winning argument”?

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, it is essential to put together a FERS Disability Retirement application with this in mind: How to effectively put forth your case with “the winning argument”.

The U.S. Office of Personnel Management is never there to “rubber stamp” a Federal Disability Retirement application.  They are there to parse, tear apart and potentially undermine, and it is important to recognize the pitfalls and shortcomings of your particular case before putting together arguments that will ultimately win your case.

Consult with an attorney who specializes in Federal Disability Retirement Law today so that you can begin to formulate “the winning argument” that will obtain an approval of your Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Law: Arguing by Logical Extension

Often, in legal argumentation, one must simply use the available evidence garnered, and make the best of it.  In many areas of law, especially in administrative legal venues involving Federal employees and U.S. Postal workers, the law favors agencies which hide behind the shield of “efficiency of the Federal Service”, in implementing sanctions, adverse actions, restrictions of leave usage, proposing and deciding upon removals (whether based upon reasons of medical conditions or other basis), etc.

In a typical OPM Disability Retirement case, however, there are just as many procedural and substantive legal precedents which can be utilized effectively to favor the Federal and Postal employee.

For Federal and Postal employees under FERS, CSRS or CSRS Offset, who intend upon filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the vast array from the arsenal of statutes, case-law, legal precedents and interpretive advantages gained through years and decades of predecessors to one’s present filing, should be recognized, researched and reapplied at every available opportunity.  For, if the greatest compliment that one can accord to another in the world of art, is one of mimicry and plagiarism, so in the world of law, it is to take the precedent of past legal victories, and to argue to the fullest the logical extension thereof.

That often occurs, unfortunately, only when it is a “hard case“, as opposed to the ones where there is little to no room for argument because of the overwhelming evidence available.  It is, in the end, an unfortunate circumstance that, often the test of brilliance manifests when the case is weak, and one must utilize the capacity available through means of arguing by logical extension, because that is precisely what is left — argument, logic, and extension of the first two principles.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Of Camels and Corsets

Both represent anachronisms in our modern, technological society; the former as still somewhat distant and antiquated, with images of pyramids and times of colonialism; the latter of a time when the secrets of the body were hidden by shame, left to lust and imagination.  They no longer fit into the common usage of everyday language games, whether because of being relegated to uncommon reference or to irrelevance.

Similarly, that is how castaways are treated in a society which relishes productivity and promotional positive thinking.  Time is rarely a marking of empathy; though we feign the importance of community, we are simply too busy to regard those less fortunate, except perhaps with a deductible donation.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact one’s capacity to perform all of the essential elements of one’s job, the sooner the recognition that inclusion and accommodation are likewise foreign concepts, the better in planning for one’s future.  Federal OPM Disability Retirement is an employment benefit which was negotiated as the greater package for Federal and Postal employees.  It allows for the Federal and Postal employee, whether under FERS, CSRS or CSRS Offset, to remain productive in society in another capacity, yet, receive a base annuity from the Federal government.

The formula is set by statute, ultimately filed through the U.S. Office of Personnel Management, and one must prove one’s entitlement after meeting certain eligibility criteria; but like camels, corsets, and even castaways, the arcane anachronism of the administrative system and bureaucratic process may require the strength of a camel, the mystery of hidden knowledge as only subsumed by corsets, and the thick skin of being treated as a castaway.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney: The Aftermath

We like to think in linear prose; that is why, when E. E. Cummings showered the literary world with typographical disarray, a collective groan of discomfort visibly shook the foundations of the art form.

In daily life, it is the capacity of seeing a beginning, continuum and conclusion to a segment of a bifurcated visual horizon, which makes for sanity.  Closure and a sense of termination allows for satisfaction of an accomplished deed.  To be required to maintain a project, a task, an obligation, etc., is to engage in an eternal hell of unendurable agony; but that is, in the end, what must be done for most things, which is precisely why life is a challenge of inestimable proportions.

Federal Disability Retirement is no different; once obtained, one would like to think that closure has been accomplished, and that life is nothing more than forward-looking deeds to be reached like ski slopes allowing only for downward spirals of travel, never needing to look back.  But maintenance of effort is always a requirement; making sure that one is preserving the rights which one has fought so hard to gain, is a daily task, a present obligation, and a necessity of life in Federal Disability Retirement law, as in other sectors of life.

Whether to recognize the earned income cap for Federal Disability Retirement annuitants while still under a certain age, or making sure to be able to re-certify one’s ongoing medical condition and disability — these are never tremendously onerous tasks, but ones which can only be satisfied if one is fully aware of the laws which govern them.

Filing for Federal Disability Retirement benefits by the Federal employee or the U.S. Postal worker, whether under FERS, CSRS or CSRS Offset, is the first step in securing one’s future; the aftermath is the second and many subsequent steps, in ensuring the viability of that which one fought for in the first place, lest history should be repeated and goblins be allowed a resting place where none should be.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Medical Retirement: Life’s Scarring

It builds through repetition of wounding, or because it is deep, jagged, or otherwise unable to repair through normal processes of cellular regeneration.  It remains a mark of a person; over time, fading through exposure to sunlight, disappearance of discoloration, and the slow erasure of the damage done through the healing process of the linear course of a lifetime, may allow for one to forget.

Traumas, medical conditions and chronic maladies takes time to heal, and time is the commodity which society relishes, values, and measures by the worth of productivity.  It is that segment of immeasurable continuity which determines the markings of a lifetime’s work; like prehistoric epochs which we name in order to neatly fit in the existence of dinosaurs and their disappearance through volcanic and meteoric catastrophes, we bifurcate the unconquerable continuum with significations of memorable moments in time.

Medical conditions and their disruptions to lives require time for healing; and whether it is the impact of psychiatric conditions upon one’s psyche and soul, or the physical manifestation of a chronic illness or injury, that commodity of value in the world of economics remains unsympathetically beyond the reach of most.

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 acquisition of time becomes ever more important and critical as one awaits the winding morass of a Federal Disability Retirement application through the bureaucratic maze of the U.S. Office of Personnel Management.

Bureaucracies grind forward as if time is nonexistent; but all the while, life must continue to flow, as rivers unfettered by dams and natural obstacles, the course of life cannot be interrupted by mere tragedies of fate.  The problem is, of course, that the rest of the Federal bureaucracy — agencies, coworkers, supervisors, managers, etc. — does not have the patience to wait upon Federal and Postal employees during a daunting administrative process in which it is already known that, if successful, the Federal or Postal employee will be leaving the agency or the U.S. Postal Service.

So, what is the reaction during this administrative process?  Sometimes, it results in an administrative separation; more often than not, to simply allow the Federal or Postal employee to remain on LWOP and remain forgotten, lost in the maze of time immemorial.

In the end, it is life’s scarring which remains; how one has been treated; whether the burns of fate scorched upon flesh or memory were deliberate or through an uncaring indifference. No matter; as life’s scarring is like an organic monument of one’s test of endurance, so the manner in which one approaches the wound will determine the character of an individual.

Sincerely,

Robert R. McGill, Esquire

OPM Retirement for Mental or Physical Incapacity: Life Changes

For some, transitions constitute mere alterations with minimal reverberations; but for most, change from routine is itself a traumatic event worth resisting even at the expense of one’s own good, one’s advantage, one’s self-interest.  Stability and the status quo represent a daily habituation of life where symbolism of sameness parallels security and safety.

It may be the routine itself; and while complaints about work may abound, the complaining itself engulfs a camaraderie of a community of collectivism. But for the injured Federal employee and the U.S. Postal worker who begins to suffer from a condition, such that the progressively deteriorating nature of the injury or disability begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s job, it is often the forced imposition and lack of choice in the matter, which exponentially magnifies the hardship of acceptance.

Man lives by routine of daily monotony.  Economic requirements imposing a time to get up, to groom oneself, perform the toil of the day, and then to come home exhausted but satisfied that some contribution to society was made, some significance in the greater cosmos of teleological void was marked in an unnamed and unrevealed book of acknowledgments; to interrupt such a routine after years and decades of fighting for an obscure cause, is a shock of life.

To choose to change is one thing; to have the choice made for you, quite another.  And of course, acceptance of an altered life can take some time, but time is never on the side of the Federal or Postal worker who must find an alternate source of income.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset, is never an easy venture to undertake.  Alone, it is a lonely meandering within a confusing morass of administrative conundrums; with some guidance, it is merely a directed disruption of a disquieted life. But necessity mandated upon the Federal and Postal work often reveals an inner strength which somehow manifests itself in the sea of change, and for the Federal and Postal worker who must file for Disability Retirement from the OPM because of the imposition of a medical condition, life’s inevitable changes must be accepted in this world of shifting sands, as time marches on whether the invisible chains of stability keep secure the earthquakes felt, or yet to be experienced.

Sincerely,

Robert R. McGill, Esquire