OPM Medical Retirement under FERS: A Proper Assessment

Of what?  A problem?  One’s life — where one ascribes to the Socratic view that an unexamined life is not one worth living?  Of one’s current circumstances — however dire at first glance, is likely overstated and over-analyzed.

We often over-state current problems in terms of obstacles unable to be overcome, and fail to assess them within the context of past issues and future unknowns.

How often have we looked back at our past and quipped with wonderment, Boy, did that seem like something we would never be able to get out of — but somehow, we persevered and overcame and arrived relatively unscathed.

As to current problems, we always over exaggerate and state thus:  “This time, it is different. There is no way out.”  We often get embroiled in the weeds of current issues, thinking that no one else has ever become so stuck, with no way to get out.  What about a proper assessment of a case?  How strong is your case; what are the weaknesses?

For Federal employees and U.S. Postal workers who suffer from a serious injury or disability such that this injury or disability no longer allows you to continue in your career of choice in the Federal sector or the Postal Service — it is best to first put all of the potential hazards and roadblocks in front of your path, and see if they can be overcome.

Problems never resolve of themselves — well, actually, they sometimes do.  But in the case of preparing, formulating and filing an effective Federal Disability Retirement application under the FERS system, through the U.S. Office of Personnel Management (OPM), it is best to begin with a proper assessment of your case, then proceed with deliberate consciousness of the strengths and weaknesses which will be faced as the bureaucratic process with OPM begins.

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.

 

Postal & Federal Disability Retirement under FERS: Adaptation

It is how a species survives — and even thrives — in the face of changing circumstances.  Human beings clearly have an adaptive advantage in comparison to other species; otherwise, how to explain the extinction of multiple others while the overpopulation of ours?

Scientists have noted the general utilitarian talents of our type — not the best at anything, but the capacity to compensate despite our lack.  But ours is no longer a world where physical adaptation is the primal key.  Rather, because of technology’s dominance, our cognitive ability to adapt is being tested.

More and more, the psychological stresses bombarding us test the capacity of the human species — and we are failing at every turn.  The stresses of daily life; the mental pressures; the voluminous demands for multi-tasking just to get through the day — and when a medical condition hits us, is it any wonder that we are unable to adapt?

For Federal employees and U.S. Postal workers who can no longer perform one or more of the essential elements of one’s Federal or Postal job, “adaptation” may require filing for Federal Disability Retirement benefits.  To adapt is to recognize and change with the modifying forces of nature.

Consult with a Federal Attorney who specializes in Federal Disability Retirement Law and begin the earnest process of recognizing that adaptation is necessary where change is inevitable.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Tightening Standard

Some would say that, since 2018 or so, the U.S. Office of Personnel Management has been “tightening” the standards in Federal Disability Retirement Law.  Perhaps that is a valid point.

However, whether by way of an unofficial quota system or because there has been a policy change at the highest levels, the fact remains that there are laws in place which must be followed, a criteria of regulations which must be complied with, and standards dictated by case-law and legal opinions set both by the U.S. Merit Systems Protection Board, as well as by the Federal Circuit Court of Appeals, which govern all decision rendered by the U.S. Office of Personnel Management.

All benefits must be fought for, and fought hard.  Nothing should ever be taken for granted.

Whether one believes that there is a tightening standard or not, the applicable rules, regulations and case-laws must be asserted, cited and demanded to be applied, and that is why, when a Federal or Postal employee begins the process of preparing, formulating and filing a Federal Disability Retirement application under FERS, through the U.S. Office of Personnel Management, it is a given that you should consult with an experienced attorney who specializes in Federal Disability Retirement Law, to prepare for the fight ahead.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The compelling reason

What makes a “reason” to do something “compelling”, as opposed to voluntary or optional?  Is it when the choices given are no longer existent and one must by necessity or default act — not out of choice but by being forced to?  Is it the unwillingness of the individual that defines the act, or the lack of alternatives remaining that determines the defined moment?

Or, perhaps it is a “feeling” of involuntariness that justifies the declaration that there was a “compelling reason” to do X or Y, which would create an oxymoron of sorts, to breathe the utterance of “feeling” alongside “reason” in the same sentence.  Is there ever a compelling reason to do or to say something, or is it all voluntarily undertaken, just some acts or declaratives taken with better reasons than others?

For the Federal employee or U.S. Postal worker who suffers 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 oner’s Federal or Postal job, is there ever a compelling reason to inform the agency prior to a submission of a Federal Disability Retirement application that one has an “intention” to do so?

If the Federal or Postal employee is under pressure because he or she has already exhausted all SL and AL, and has used up the weeks of FMLA that have garnered some semblance of protection, is it a good idea to inform one’s Federal Agency or the Postmaster of one’s facility that you are gathering the necessary information to prepare a Federal Disability Retirement application?

The general rule in such matters is: Unless there is a compelling reason, Don’t.  However, each individual case is different, and unique and particularized circumstances may well define what the “compelling reason” is — as to whether it is indeed “compelling”, or even a good enough “reason”, as opposed to a “feeling” that one possesses.

In the end, the compelling reason is the one that is made without alternatives to consider; but alternatives are the reason why you should consult with an attorney who specializes in Federal Disability Retirement, precisely in order to consider those options which you may not even be aware of.

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

 

Federal Disability Retirement: Upon the Altar of Work

They are structures where sacrifices or worship occur.  Not being mutually exclusive, the former can represent the act of the latter, and the latter can constitute the fulfillment of the former.  And while we, in modernity, think of ourselves as sophisticated and beyond the vestiges of former practices of superstition and unscientific religiosity, an objective view of our actions betray the ongoing reliance upon past residues of robotic constancies.

Of course we have to make a living; of course we have to support our families.  But at what cost, and to whom do we owe our allegiance?

For Federal Gov. employees and U.S. Postal workers who sacrifice themselves at the altar of work, when medical conditions begin to clearly impact, deteriorate, denigrate and destroy the body, mind and soul of the Federal and Postal worker, then it is time to consider preparing, formulating and 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.

As most Federal employees and Postal workers are under the FERS system, the minimum eligibility requirement is to have at least 18 months of Federal Service.  Once that threshold is met, then the question is one of having the proper support from one’s treating doctor, psychiatrist, Nurse Practitioner, etc.  The true test for a Federal Disability Retirement application will be in establishing the nexus between one’s medical condition and the positional duties of one’s official job, as reflected on SF 50 (Federal employees) or PS Form 50 (Postal employees).

Ultimately, when the altar of work becomes more than a means of support, and harkens back to the days of yore where sacrifice and worship intersected to pay tribute to the gods of the underworld, it is time to consider the alternatives available, and for Federal and Postal employees, that should always include the possibility of filing for Federal Disability Retirement benefits through OPM.

Sincerely,

Robert R. McGill
FERS Disability Lawyer

 

OPM Disability: The Chasm between Expectation and Reality

Expectation constitutes the anticipatory goal to be attained sometime in the near or far future; reality is the actualization of the potentiality of one’s imagination.  That anticipatory potentiality, however, can be formulated based upon numerous factors, including:  baseless imagination (more of a child-like quality); desire and hope (with perhaps some admixture of factual context and content, and somewhat of a more mature basis); or sequences of planned actions culminating in a realistic fulfillment based upon actual circumstances analyzed, deliberated upon and ascertained (a mature consequence of purposeful strategies formulated and initiated).

The chasm which exists between one’s expectation, and the reality of fruition, retrospectively reveals the state of maturity (or immaturity) of one’s soul.  That is why gamblers and lottery tickets abound; for, the play upon adolescent wants and desires portends of dreams unfulfilled, desires still unrestrained, and creative imaginations unbounded allowed to wander aimlessly.

For Federal employees and U.S. Postal workers who expected one’s own agency to embrace loyalty and constancy of support just because the Federal or Postal employee showed such honorable characteristics for many years previously, and perhaps for more decades than the half of one’s lifetime, the chasm of reality often hits hard.

Medical conditions can often be “accommodated“, if only in a loose, non-legal sense of the word.  But it is amazing how people and organizations suddenly become quite “legal” in matters where honor should prevail; and in that sense, to be “accommodated” takes on a new and restrictive meaning.  Medical conditions often bring out the worst in people and organizations, and concepts involving the humanity of one’s soul no longer become relevant, but mere irritants to be legally sequestered in order to protect and deny.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s Federal or Postal positional duties, 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 often the last bastion of hope — hope which bridges the chasm between expectation and reality, and one which sets the path for future security upon the solid foundation of a reality which one may want to shy from, but which one cannot escape in this world of love, hate, humanity and cruelty — the compendium of that complex animal called Man.

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