FERS Disability Retirement Help: OPM’s Medical Specialists

OPM — the U.S. Office of Personnel Management — has “Medical Specialists” from the “Boyers Division” to review, evaluate, assess and ultimately make decisions upon each Federal Disability Retirement application submitted by Federal and Postal employees under FERS.

Now, there is no doubt that they possess unique medical knowledge — to whatever degree that they hold, from whatever perspective they come from, and the context of their applying such knowledge and background, etc.  But they are not lawyers.

Doctors and nurses have a specific perspective in viewing the world, just as lawyers and engineers, also, have a unique perspective. Their background and expertise is like a colored lens through which the world is seen.

Federal Disability Retirement is not just about a medical condition; it is, instead, the nexus between the medical condition and one’s ability/inability to perform one or more of the essential elements of one’s Federal or Postal job, within the context of a continuously-growing body of law.  That is why OPM’s Medical Specialists are often wrong in their conclusions in making a determination on a Federal Disability Retirement application.

If you need to file for Federal Disability Retirement benefits, or have been denied such benefits from OPM, contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law; for, in the end, it is not up to OPM’s Medical Specialists to make the final conclusion on a Federal Disability Retirement application — rather, it is The Law.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Point-by-Point Refutation

Must every point made by the U.S. Office of Personnel Management be refuted point-by-point”?

Some points, of course, are rather irrelevant and harmless; others, perhaps disingenuous, at best, and poorly argued, at worst.  Still others are blatantly untrue (i.e., an euphemism for “a lie”), while the remaining are often taken out of context or singularly and deliberately isolated without considering the context of the actual meaning of the statement made.  Not every point needs a refutation.

Furthermore, what is the basis of the refutation? Is it merely your word, your opinion, etc., as opposed to the reviewing “medical specialist” at OPM — or, do you have refuting facts backed by the law in rebutting the untrue or “out-of-context” statement or allegation?

The point is, not every point needs to be refuted, but in making such an important determination, it is a good idea to consult with an experienced attorney who specializes in Federal Disability Retirement Law, lest the pointless point made by OPM becomes a greater point of contention that needs to be pointed out now in order to become beside the point later on in point of fact.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Stress and the Harassment Factor

Stress is a reality which has become a normal aspect of everyday living.  The more stress we feel, the greater interpretation of outside actions as harassment; and thus does the vicious cycle begin.  Life is stressful enough.  When another ingredient is added — like a medical condition that weakens one’s body and mind — the tolerance for stress becomes reduced and the capacity to keep things in its proper perspective becomes impossible to manage.  Stress always seems to come in bunches, doesn’t it?

When you are dealing with a medical condition, everything and everyone you interact with becomes a stressful encounter.  For Federal employees and U.S. Postal Service workers who suffer from a medical condition such that the medical condition prevents you from performing one or more of the essential elements of your job, the stress of dealing with the medical condition itself is more than enough.

Add to it, your agency or the postal facility will inevitably begin to pressure you to return to work, to file this or that request, to follow their “procedures”, etc.  Whether such actions are objectively considered “harassment” or not is beside the point; you, as the Federal or Postal employee, are dealing with enough factors without having to deal with the harassment factor.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law, and begin the process of reducing your stress levels by initiating a Federal Disability Retirement application with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from the OPM: Coils of Hardship

That is often how it feels; of the coils, whether of a spring, of wires, or copper, or even of a rattlesnake that coils; it is the bundling up, the tightening, of energy or anxiousness curling upon itself until the release becomes inevitable.  Hardships and difficult times feel like that; like coils that keep circling upon itself until — like a spring that is compressed together and suddenly let go, the energy released is of an unfathomable force that cannot be mitigated.

Life is difficult and challenging as it is, without the outer world concomitantly crumbling around us.  Whether of financial difficulties, of career problems, of medical conditions that intervene and interrupt — the coils of hardship come upon us without warning or predictability.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition impacts one’s ability and capacity to perform the essential elements of one’s Federal or Postal job, the coils of hardships tend to wrap around tighter and tighter: From dealing with the medical condition itself, then with the unreasonable demands of the Federal Agency or the Postal Service; to the profound fatigue felt by the end of each week because of the conflict between the medical condition and the demands of the job, etc.

It may be time to consider filing for Federal Disability Retirement benefits under FERS.

Consult with an OPM Attorney who specializes in Federal Disability Retirement Law and consider the options available.  It may unfurl the coils of hardship and allow for the release of energies otherwise needing to be relieved.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Disability for Federal and Postal Employees: Comparisons

Does it help to make them?  Do we take comfort in judging the relative plusses and minuses in making comparisons — as in, X has A, B and C, but I have, in addition, D and E, and therefore I am more fortunate that X is.  Or, is it a comparison of one’s conditions, as in: “Boy, at least I don’t have X like Lisa does”, or “At least I am not in Y’s situation”?

To the extent that comparisons remind us of that which we are blessed with, they allow for a certain level of utilitarian value.  But there is a negative side to it: Of jealousy engendered by comparison, or of discontent resulting from making one.  Rousseau, of course, makes that point throughout his “Social Contract” analysis, of the purity of man’s intentions in that fictional state of “nature” that we were once in, but where society’s accretions of materialism created the artificial emotional response of discontent and jealousy.  But compared to what?

It is important to make the fair and correlative comparisons which are relevant — as in “apples to apples” and not “apples to oranges”.  For, it is the uniqueness of each entity, object or situation to be compared with the singularity of another that makes for a proper comparison.

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 inadvisable to compare one’s case to somebody else’s.  For, the proper comparison is not to evaluate one’s medical condition and the severity of one’s medical condition to that of another person’s medical condition; rather, the proper comparison in a Federal Disability Retirement case is to compare one’s medical condition to the essential elements of one’s position.

Thus, comparisons made must always take into account the relevant connections which relate not just in terms of similarities, but as is the case in Federal Disability Retirement Law — in what the law allows for and considers significant.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employee Disability Retirement: The Social Security Requirement

There is often confusion.  In fact, some Federal and Postal employees think that the “Prerequisite requirement” of filing for Social Security Disability benefits means that you have to wait to get it approved before you can file for Federal Disability Retirement benefits.

The unforeseen consequences resulting from such a misunderstanding is that some Federal or Postal employees wait, and wait, and become separated, and continue to wait and allow for the 1-year rule (of having to file for Federal Disability Retirement benefits within 1 year of being separated from Federal Service) to expire, then try and file for Federal Disability Retirement benefits.  Or, others confuse the two and somehow believe that filing for Social Security Disability benefits is the same as filing for Federal Disability Retirement benefits.

Such confusion is often based upon either misinformation or misinterpretation; either way, the consequences of acting upon, or failing to act as a result of, can result in irreversible damage.

If you are considering filing for Federal Disability Retirement benefits, consult with a FERS Disability Attorney who specializes in OPM Disability Retirement Law before trying to maneuver through the maze of confusing requirements, prerequisites and bureaucratic language.

Federal Disability Retirement is a benefit earned; to obtain it, however, it must be fought for and granted, and in order to do that, representation by an experienced attorney is often the best in making your way through the legal maze of confusion.

Sincerely,

Robert R. McGill, Esquire