FERS Disability Retirement from OPM: Expertise

How does one attain that level?  Is it purely based upon knowledge alone, or must some history of successful application be evident?  Can, for example, an individual be deemed an “expert” in psychiatry despite never having cured anyone of the condition?  Or be considered one in the field of “time travel” despite every lack of evidence revealing its practical viability?

This is a world of specialization.  At some point in recent history, the world became too complex for the generalist to survive.  No longer could a person be a “jack-of-all-trades,” but instead, specialization was aimed at each discipline and created a need for sub-calories within each field.  Post-graduate degrees were handed out in more significant numbers for studies no one had envisioned.

That the world has become more complex cannot be refuted; technology has become the engine of advancement, and few have the understanding to master its ever-expanding tentacles of daily operation.

The days of a father working under the hood of an automobile and teaching his child how to dismantle and reassemble the engine have disappeared (leaving aside even the simple task of changing the oil).  Intricate diagnostic tools must no be hooked up to each automobile because everything is now computerized, and reliance upon the automotive “expert” who is certified in a particular make or model is a “given,” and the neighborhood auto repair shop is an antiquated idea of the past.

In the end, who and what is considered an “expert” in any given field can only be determined by combined factors of knowledge, application, and especially a successful track record of past accomplishments.  For Federal employees and U.S. Postal workers who have filed for, or are preparing to file for, FERS Disability Retirement benefits through the U.S. Office of Personnel Management, consulting with an “expert” in the field of Federal/Postal Disability Retirement Law may be a necessity which cannot be avoided.

The complexities inherent in the bureaucratic process of beyond the mere submission of sufficient medical documentation, and OPM is more likely than not to deny your medical application at the very First Stage of the process and rebut OPM by pointing to the case laws supporting your particular set of facts and applicable legal criteria is an essential part of the disability process.

Contact an OPM Disability Attorney specializing in Federal Disability Retirement Law, and consider involving an expert in a field which has become unnecessarily complex because of the bureaucratic intransigence of OPM.

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 under FERS: The Seriousness of Life

It is because of the seriousness that too many fall quickly into frivolous living; for, it is the distraction which allows for the capacity to tolerate; otherwise, the burdens of daily living would overwhelm us all.

The entertainment industry manipulates us because of it; the harsh realities of daily living compel us to avoid the burdens and responsibilities; the ease of rational justification for which human beings are especially noted for, provides us with the necessary allowances.

The seriousness of life — look at the animal kingdom, of even the suburban enclave of pigeons, squirrels, cardinals, sparrows, rabbits, etc. — in the dead of winter, there is little joy or entertaining distractions; merely, the seriousness of life, of trying to forage just to survive.

The poignancy of such seriousness is magnified, quantified and exponentially enlarged in scope, when a medical condition impacts our lives.  Then, there is very little room for error.  We become limited.  We become paralyzed.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows the Federal or Postal employee to continue in his or her chosen Federal or Postal career, the seriousness of life is but a lone lightbulb dangling from the ceiling — illuminating the limited choices available.

Consider filing for Federal Disability Retirement under FERS, through the U.S. Office of Personnel Management.

Contact an attorney who specializes in preparing, formulating and filing an effective Federal Disability Retirement application, and proceed with caution as with all steps acknowledging the seriousness of life.

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 Benefits: Obstacles

There are many in life; whether of financial, physical, intellectual or emotional; whether we are born with certain God-given talents or lack them in excess of explicit ignorance; or whether we are born with that proverbial “silver spoon in our mouths” or not, the burden we carry is like John Bunyan’s heavy knapsack, of the sins we create and carry.

Some obstacles are objectively in existence and have no relationship to the ones we create; others, within ourselves and created by the ghosts of our past deeds.  To what extent are the obstacles which prevent us from advancing merely the emotional difficulties we bring about?

Certainly, this world is an “unfair” one — one in which who one is born to, where one is a citizen of, and to which “class” we belong to plays a large role in who we can become; and in the end, sheer will and determination to succeed may not be enough.  The 5’ 10” young man who is born with spindly legs and lack of coordination will likely never become a professional basketball player no matter how hard he tries; and the individual who lacks a foundation of talent in any given area certainly faces obstacles beyond the reach of dreams or hopes; but is that the definition of “fairness” or “unfairness”?

Early on, it is important to assess one’s circumstances, talents and opportunities, and tailor our goals accordingly.  Should you “shoot for the stars”, nevertheless?  Possibly — but still, with an objective assessment.

How about when you engage in a process like filing for Federal Disability Retirement benefits?  Should you make a similar assessment about the obstacles to be faced?  As in life generally, so should the same rules apply before entering the complex arena of Federal Disability Retirement Law.

As trying to obtain a Federal Disability Retirement annuity presents multiple obstacles, so should the Federal or Postal employee contemplating filing for the benefit of Federal Disability Retirement reach out to a FERS Disability Retirement Attorney who specializes in Federal Disability Retirement Law and consider the options, the difficulties — the obstacles — before pursuing such a benefit.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Benefits: Dimensions

We refer to the 3-dimensional world as being comprised of length, width and depth (where “length” can also be substituted for “height”, and “breadth” for “width”), with the added abstraction of time included in relativistic physics; and of course, when referring to personalities and individuals, we caustically apply the limitations of a dimension based upon the lack of character or absent crucial social graces, like empathy or a myopic viewing of life.

Thus does “John” live a one-dimensional life because all he ever does is work; or perhaps “Mary” is a one-dimensional figure in a novel because her character lacks development.

We tend to easily cross over between boundaries of physical space and time into personalities and complexities of individuals, and judge them harshly depending upon whether we like them or not.  Yet, human beings are comprised of complex levels of dimensions; it is only every now and then that we come across that 1-dimensional sociopath whose only desire is to satisfy one’s own cravings, one’s own focus and centrality of purposive intent which translates into evil.

Yet, despite the exceptions to the general rules of life, there are certain basic principles which one should follow when preparing, formulating and filing a Federal Disability Retirement application for the Federal or Postal employee considering a Federal Disability Retirement application, such as: Always consider one’s Human Resource Office to be 1-dimensional — i.e., not on “your side”, but on the side of “Management” and the Agency.  And: Never assume that OPM will consider your Disability Retirement application to be 3-dimensional (i.e., to be considered as being straightforward, easily interpreted and quickly resolved) — but instead is almost always 1-dimensional (i.e., to be considered suspicious and found wanting).

Or another 1-dimensional approach: Never assume that your Agency or the H.R. Office of your agency is anything but 1-dimensional; to be 3-dimensional would mean that they are empathetic, are looking out for your best interests, and would protect the privacy of your medical issues with the utmost of sensitivity and protectiveness.  For, in the end, the 1-dimensional approach is to be flat, uncaring and without complexity of concern for others.

Thus, when you were taught as a child that we live in a 3-dimensional world, you were misled because no one had told you about the Federal Agency’s or the Postal Service’s reaction upon learning that you will be filing a FERS Disability Retirement application because of your medical conditions, and that the world is ultimately a 1-dimensional universe without empathy or concern beyond one’s own self-interest.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Expertise

What constitutes it, and who determines the status of when it is achieved?  We hear about people who are “experts” in this or that, referring to either experience, association or credentials, and based upon that, we accept their status of being an “expert” in the field.  Can that be undermined by personal experience?

Say a person has a Ph.D. in a given field, has worked in the capacity of that field for 30 years, and everyone in the field refers to him as the “resident expert” or “the best of the best” in the field; and yet, in a given situation calling for his or her expertise, he or she fails, is wrong, or otherwise falls short of having provided any competent input.  Does that undermine the expert’s status as an expert, or does one shrug one’s shoulders and say, “Well, you can’t be right all of the time”?  Say a “non-expert”, during the gathering of expertise and amassing of various opinions in making a critical decision, suddenly pipes up and says something contrary to what Dr. X – with-the-Ph.D-with-30-years-of-experience believes and has stated, but in the end he turns out to be right — does that make him or her the new resident expert?

There are, of course, the various logical fallacies — like the fallacy of “association by reputation” or of presumed certitude based upon past experiences (refer to David Hume, for example); but the ultimate question may come down to a simple grammatical one: is the concept used as a noun, an adjective or an adverb?  How does one “gain” expertise, or attain the status of an “expert”, and can it be by experience alone, a credential earned, or by reputation gained — or a combination of all three?

How did Bernie Madoff swindle so many people for so many years?  Was he considered an “expert” in financial matters, and what combination of the tripartite status-making byline (i.e., reputation, experience and credentialing) did he possess to persuade so many to be drawn to him?  Or, is it sometimes merely greed and a proclivity of vulnerability to a good storyteller enough to persuade one that a certain-X is an “expert”?

For Federal employees and U.S. Postal workers who have come to a point in their lives and careers where a medical condition has begun to impact one’s ability and capacity to perform one or more of the critical or “essential” elements of one’s Federal or Postal job, a certain level of expertise may be necessary before preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Ultimately, it is not “expertise” or some prior reputation that is important, but the accuracy of information received and the truth of the knowledge relied upon — and for that, one should do due diligence in researching not merely the “credentials” of those who declare some “expertise” in the area of Federal Disability Retirement Law, and not even self-puffery of self-promoting success, but in addition, an instinct as to the truth of what is stated.

Sincerely,

Robert R. McGill, Esquire

 

Postal and Federal Employee Medical Retirement: Preponderance of the Evidence

It is the legal standard by which civil (non-criminal) adjudications are based upon, and whether or not it can be rationally demarcated as against other standards – i.e., “Clear and convincing evidence” or “Proof beyond a reasonable doubt” is a question for legal theorists and the schools rendered under the general aegis of, “The Philosophy of Law” – is a valid question in and of itself.

For, we can dress prettily and puff up the definition of what it all means, and bifurcate and explain how the three standards are distinct and differentiated by the increasing severity of the criteria to be applied, but in the end, the juror who goes back into the room to consider the guilt or innocence, the fault or apportioned negligence, is entirely subjective.

For, is there a clear demarcation as to what “reasonable” is?  Can one delineate what is “clear” to one and “convincing” to another?  If a witness has perfect recall and a persuasive manner of telling a “story”, if one juror blurts out, “Oh, but his eye twitched and he was clearly lying through his teeth!” – what then?  And the concept that one side has a “preponderance of the evidence”, or to put it in different but equally confusing terms like “more likely than not” or “the greater weight of truth” – what do all of these analogies and metaphors mean, in the end?

Surely, there are the “easy” cases – an entire football stadium who saw a man shoot another, and the assailant who confesses to the murder; these, we can say are “beyond a reasonable doubt”, but even then, a single juror who has a beef against societal constrains can “nullify” a verdict by holding out.  So, what is the answer (or, for some who are still confused, “what is the question”)?

For Federal employees and U.S. Postal workers who are entering the legal arena of preparing a 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, the expectation, of course, is that the OPM Medical Retirement application will be approved at the first or second stages of the process – i.e., at the Initial Stage of filing a Federal Disability Retirement application with OPM, or at the “Reconsideration Stage” of the process after an initial denial.

That being said, the Federal or Postal employee must – and should – consider the Third Stage of the Federal Disability Retirement process, which involves an Administrative Judge before the U.S. Merit Systems Protection Board.  That is when the legal standard of “Preponderance of the Evidence” will ultimately become relevant and operative, and where the evidence gathered and the amalgamation of arguments proffered becomes a basis for testing the validity of legal standards and the meaningful application of the law, evidence, and statutory interpretations.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Avoidance and Delay

Human beings have an uncanny capacity for avoidance.  In the greater genus of the universe we identify as the “Animal Kingdom”, where survival of the fittest determines the genetic viability of the evolutionary scales of neutral justice, avoidance means potential death, and delay constitutes a certainty for an untimely demise.  For, as thought and reflection is the pause between an event and a necessary response, so avoidance and delay is that interlude between necessity and regret.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent one from performing one or more of the essential elements of one’s positional duties as a Federal Employee or a U.S. Postal Worker, the avoidance of the inevitable, and the delay for the obvious, often becomes an intransigent approach to life’s misgivings.

The act of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is thought of as a step of finality — an admission to one’s self that the battle has been lost, the war’s outcome has been determined, and the cards dealt must now be played, with nothing left to trade in or replace.  That is the “short view”, as colored by the perspective of avoidance and delay.  The “long view” is that there is actually life after Federal Service, and potentiality for growth beyond the U.S. Postal Service.

We become entrenched in the habits of our own making, and while filing for Federal Disability Retirement benefits through OPM may seem like a step of finality, it is actually just a step in a different direction, where one can open up new avenues for a second vocation, while at the same time securing a financial future for stability and further growth.

Avoidance and delay — they are the price one may pay for the limitations imposed by our own lack of imagination, but the greater canvas of life opens up the power and creativity hidden within the deep recesses of a childhood potentiality we once held on to, but somehow let go in this journey we call “life”, which often puts us down and tramples upon the flights of a child’s wide-eyed vision of the greater universe.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Environment

There is pervasive talk about the importance of containing toxic waste dumps, keeping our air and water clean; of limiting the dumping of animal feces into our oceans, rivers, streams, etc.; and, indeed, there are agencies and departments created by State, Federal and Local governments devoted to enforcing laws designed to protect us and preserve the pristine condition of our “environment”.

But what of toxic environments of another sort?  What of the poison inserted through malicious intent?  Of the constant harassment and hostility used to intimidate, cower and attain submissive unraveling of defiance?  For those, there are designated courts, commissions and laws passed to protect, for purposes of prosecution and pursuit of money damages.  Of course, the results from either and both arenas of judicial relief are difficult to quantify; whether and to what extent pollutants were introduced into the environment, and by whom; or of what level of toxicity caused harm and damage to an individual; the qualitative measure of damages is always difficult to ascertain.

It is, ultimately, only from the personal perspective and experience that one can gauge the damaging results.  For the Federal employee and the U.S. Postal Worker who suffers from a medical condition, such that the medical condition begins to impact the capacity to perform one or more of the essential elements of one’s job, there is often a parallel track of pursuing Federal Disability Retirement benefits and concurrently to go after the individuals or organization that discriminated because of the disability acknowledged and recognized.  For the Federal or Postal employee who attempts to secure some semblance of “justice” in the process, the goal of the law has been misdiagnosed:  Justice is not the stated teleological motivation of statutory relief; rather, it is a means to appease.

But at what cost?  To what end?  By whose measure?

Filing for OPM Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, sets a specific goal:  cut one’s losses and move on in one’s life.  By filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the Federal and Postal employee is able to leave the toxic environment which may have even contributed to one’s medical condition or disability, or at the very least, exacerbated it; by fighting it, one must remain within the very environment which one is attempting to escape from.

Like Father Damien of Molokai who helped lepers live with dignity as a separate individual from without, but who later contracted the disease and died as “one of them” within, the Federal or Postal employee who files for Federal Disability Retirement benefits may want to consider the consequences of the dual track of environmental toxicity before taking on a behemoth of mythical proportions, as opposed to preparing, formulating and filing for Federal Disability Retirement in order to exit the poisoning atmosphere.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Law: Avoidance

It begins with a subtle turning away, perhaps; reduction of contact, lessening of coincidental interactions, etc.  The fact is, in an office environment, or out in the proverbial “field” of employment, if a coworker or supervisor wants to get a hold of you, they normally can, and with aggressive intent, quite quickly.  But suddenly and in a spiral trajectory of avoidance, people begin to shun and shove aside.

It’s not like the medical condition is contagious, or will by some mysterious process of osmosis spread like a viral wildfire merely by standing next to you; but that is how it is perceived and attributed.  When a medical condition impacts one’s ability to perform the essential elements of one’s job, whether the person is a Federal employee or a U.S. Postal worker, the palpable sense of ostracizing begins immediately.

Loss of productivity; being placed on a PIP; developing a reputation for being on the wrong side of an agency’s favor; these are all of the ills which portend; and the greater the degree of avoidance by fellow workers, the increasing pressure of evidence to begin the process of preparing, formulating and filing for OPM Disability Retirement.  Federal Disability Retirement is a process which can take many months, and is ultimately filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

The inevitable is written in the rosters of future events; avoidance merely delays that which will come about, anyway; and procrastination exponentially compounds the cumulative problems aggregated by neglect.  Thus does avoidance work to wound, and rarely to enhance, the fragile future of the Federal or Postal employee in securing one’s financial stability, by filing for Federal Disability Retirement benefits through OPM.

Sincerely,

Robert R. McGill, Esquire