FERS Medical Retirement from OPM: Back to Basics

Aristotle always refers back to foundational principles — back to ‘first principles’, or to the basics of life.   And so we must always keep that in mind too, even in — or especially when — filing a Disability Retirement application under the FERS retirement system with the U.S. Office of Personnel Management.

Yes, there are always a multiplicity of ancillary issues involved — of Agency efforts for accommodating the employee, of the character of a proposed separation of the Federal or Postal employee, and the subsequent invocation of the Bruner Presumption.  But in the end, it goes back to the first principles — the medical condition itself.  What are the symptoms; what is it about the condition itself which makes it inherently incompatible with the essential duties of the position; what is it about the incompatible nature of the condition that OPM fails to appreciate?

The health condition itself — that devastating failure of the body and/or the mind which profoundly alters one’s chosen career, character, and life.  How much more ‘basic’ can it get?

One’s career is often inseparable from one’s self-identity and consumes a greater proportion of time than most any other activity.  Yes, yes, we give lip service, to ‘family-time’ and ‘leisure time’, etc. but the reality is that we expend most of our own energies in pursuing our careers, and that is why when an injury, illness, or disability hits us, it has devastating consequences.  And so it must begin with the foundation of the first principle — of the basic medical condition, and from there — to build from it.

Of course those issues which OPM takes advantage of — the ancillary concepts of Agency accommodations, of applying relevant case law and preemptively addressing those pitfalls which OPM seems to take pleasure in forming the basis of a denial, but that all begins with the basic understanding of those first principles — the originating medical condition itself.

For Federal employees and U.S. Postal Service workers who suffer from a medical condition and need to file for Federal Disability Retirement under FERS with the U.S. Office of Personnel Management, those overlooked first principles must be the originating source in compiling an effective FERS Disability Retirement application.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement under FERS, and consider whether beginning from the “basics” may be in fact the best way to start.

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 Employee Disability Retirement from the OPM: Fighting for Your Rights

Everything of value is worth fighting for.  Further, just because you win a battle, it does not mean that the “war” has been victorious.  Of course, the language of “war”, “battle”, “fight”, etc., is often overused and can be misinterpreted, and perhaps over-hyped: games are games; a football game is not truly a war; an administrative process of “fighting” for disability retirement benefits is not strictly a “battle”, but merely a legal process of obtaining a benefit.

When we utilize and apply words in context-specific circumstances, we tend to misinterpret the true nature of the process.

In Federal Disability Retirement Law, however, the metaphors used are, indeed, appropriate — “fighting” for your rights is the applicable wording, and being prepared to “battle” with OPM is also appropriate.  Federal Disability Retirement benefits are worth fighting for; it is of great value; and, once won, you must continue to maintain vigilance in retaining your benefits.

Contact a Federal Disability Lawyer who specializes in OPM Disability Retirement Law and make sure that you understand the value of what the “battle” is you are fighting for.

Sincerely,

Robert R. McGill, Esquire
OPM Disability Retirement Lawyer

 

FERS Disability Retirement from OPM: How You are Viewed

Perhaps you are one of the rarest of breeds; the “rugged individual” who cares not what others think, how you are viewed, what people consider, etc.  Most who claim such a stance use it merely as an implacable facade; how many tears are shed and frustrations are voiced in the privacy of one’s home, we will never know.

“Self-image” is a running movie within one’s head, constantly updated by the feedback generated through daily discourse.  What we think of ourselves; the image of the individual in the mirror in front of you; the morning picture reflected back as you brush your teeth, comb your hair, etc.  Who is that person.  He/She is: Profession X; Gender Y; Relationship Status Z; Known within the community as A & B, etc.

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 continuing in his or her career, “How you are viewed” will change.  No longer are you the competent worker, the one who has dedicated him or herself to a career; no longer that Supervisor, Co-worker or colleague; now, to be deemed as a Federal Disability Retiree.

It is a transition that is often difficult, because it alters the self-image you have held for so many years.  But “difficult” was derived from “necessity”, and the reality is that the essence of the “real you” will not change despite filing for Federal Disability Retirement benefits under FERS.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS: When something is determined

How do we know that a person is “good”?  Or articulate?  Or of a criminal bent?  When do we say, “Oh, the movie is too boring,” and then proceed to turn it off and go and do something else?  Or, at what point does a person determine that a book is worthwhile?

Is there a “set” point, or does it just depend upon different tolerance levels for each individual, such that some people will stubbornly refuse to give upon on X, whereas others with less patience will easily abandon any sense of loyalty or dependence?  As to the latter — of “dependence” — is there a point of unhealthy attachment even when everyone else has given up the proverbial ship?  To that end — when does “loyalty” begin to smell of foolhardy obedience to signs others would otherwise deem as self-destructive?

At what point does a person consider the ratio between toleration of a boring book or movie in comparison to the potentiality for a better ending, and continue on the trek of boredom in hopes of realizing a greater and more exciting future?  Are there character-traits by which we can determine a “healthy” sense of determination as opposed to a weak-willed willingness to be trampled upon or waste one’s time and energy?

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 job, the “when” of determining — as in, “When is it time to file for Federal Disability Retirement?” — is something that must be gauged according to the uniqueness of each individual circumstance.

Certainly, when the Agency begins to initiate adverse actions; certainly, when a doctor or health care provider recommends such a course of action; and, certainly, when it becomes apparent that the Federal employee can no longer perform one or more of the basic elements of one’s particular Federal job.

When something is determined — it is an important analytical judgment that must be decided in light of the fact that preparing, formulating and filing for FERS Disability Retirement benefits is a long and complex administrative, bureaucratic process, and consultation with an experienced attorney who specializes in Federal Disability Retirement Law is a first step in determining that which is important to determine when something needs to be determined about.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Advocate

 

OPM Medical Retirement under FERS: Appropriateness

How does one learn it, and if one never recognizes its opposite — inappropriateness — does that then shield one from recognition of its negative consequences?  Is it the suddenly silence of the room, the averted eyes of those around, or the pink flush of a blush that suddenly tells of the inappropriateness of what was said, or done?  But what of its antonym — do we learn only when someone else says, “Yes, yes, quite appropriate“, and if so, how did that person learn what was or wasn’t?

Is appropriateness merely a human convention, an artificial construct that allows for a mindless continuum that barely retains its relevance beyond the insularity of a self-contained characteristic?

For federal employees and U.S. Postal workers who are considering preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal employee is under FER05S, CSRS or CSRS Offset, the appropriateness of what to include in a Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, is often a question of discretion and experience.

What evidence, beyond the obvious medical evidence, can and should be filed?  What should be included in one’s Statement of Disability as required on SF 3112A, Applicant’s Statement of Disability?  How much personal information, historical facts and background data should be “appropriately” included in the Applicant’s Statement of Disability?  Should family members, friends or coworkers provide a statement, as well, and is it “appropriate” to do so?

In the end, appropriateness is a concept that should be tailored by the context of the action, and it might be a good idea to consult with an experienced attorney before preparing, formulating and filing an effective Federal Disability Retirement application, as such a consultation would certainly constitute an appropriateness under the circumstances, and may well be inappropriate to fail to do so.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement from Federal Government Employment: Stamina

The Latin origin refers to “threads” and the foundation of a fabric; of endurance, strength and the power to resist.  It is the energy that is sustained, propelling the essence of a person’s illuminated core that lasts despite the destructive tears and moth-eaten wear that may slowly deteriorate the woven fabric that slowly untangles the aggregate of the cloth.  Fabrics are peculiar entities; there are enough analogies made of them, of the correlative concept that the singular threads poses the threat of weakness and inability to survive, but the collective aggregation with each additional reinforcement provides an almost invincible compendium of strengthened stalwart.

How does one cut through such a wall or obstacle?  By going back to the origins and roots – by cutting one thread at a time where the fray is shown or the weakness manifested; and thus do illnesses, viruses and medical conditions begin to deplete the human stamina that once possessed the power of endurance and energy to resist.  It may begin with a short period of illness, where the system’s immunity is attacked.

At first, the body still has the collective energy of reserve to easily fight off the infection.  Then, however, work, life and responsibilities compel one to do the very opposite of that which the body requires in order to recover – instead of resting and allowing the reconstruction of one’s immunity, the body is forced to undergo the stresses of modernity by going back to work, being compelled to endure despite the weakened state, and by sheer power of will, to ignore fatigue, sleep and the call for peaceful rest.

Then, by the body’s internal mechanism of using stored spurts of petrol, with the internal coursing of adrenalin to become the lifeblood of fueled turbo-infusions, a functional state of recovery is felt; except that, by chance, fate or bad luck, a regressive second stage is brought on by a subsequent attack, a recurrence of the illness or some other foreign invasion, and further debilitation occurs.  It is at such a critical juncture that we often make the mistake of trying to get a “quick fix” to the problem, and either ignore it, push through or fail to recognize the danger-symptoms.

Stamina requires rest and restoration in order to maintain the warehouse of vitality; it is meant for the long haul and the constancy of endurance for the period of human life.  By abusing the privilege of the woven fabric gifted, we allow for the edges to fray and the vulnerability to become exposed.  The natural need for rest is a luxury we can no longer afford in modernity, and so we push onward despite the warning signs imminently cautioning such paths of self-destruction.

For Federal employees and U.S. Postal workers who are contemplating 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, the dual challenge must be faced:  First, the acceptance of one’s medical condition and disability, and the use of one’s stamina to endure that new state of acceptability; and, second, to push through the lengthy process of preparing, formulating, filing and waiting upon the administrative morass of a Federal Disability Retirement procedure.

In the end, the Federal and Postal employee who by necessity of a medical condition must undergo the complex bureaucratic process of filing a Federal Disability Retirement application, will have to utilize the stored stamina that is the fabric of life, and continue to maintain the frayed threads of that vital energy which is the essence of beginnings.

Sincerely,

Robert R. McGill, Esquire  
OPM Disability Retirement Lawyer

   

Federal Disability Retirement: The tentative step

This is a tough and dangerous world.  No longer a Hobbesian State of Nature nor of War, the Social Contract as envisioned by Locke or Rousseau provides some nominal protection, and thus do we identify ourselves as “civilized” entities in yet a dystopian universe where a greater majority of the rest of the world acts with unconcerned insanity by engaging in senseless wars of mass killings and genocidal encounters.  In such a world, we thoughtlessly bring newborns who must contend with an uncertain future, fraught with challenges unasked for and conflicts yet to be encountered.

Those tentative first steps of a toddler – how we watch with awe and observe with wonderment.  Why is that?  Why is the transition from ambulating as most other mammals do on four legs, to engaging an awkwardly wobble as a bipedal hominid, of such significance?  Is it because it marks the steps of initiation into the club of “civilized” society – that to stand upright and walk with our two feet, as opposed to the addition of the other two appendages, signifies the next stage of growth and maturity?  Yet, that tentative step reveals all, doesn’t it?

It marks the magnification of uncertainty for the future; it reveals the imperfection of the human animal; and it manifests the symbol of insecurity by deliverance of a vulnerable entity thrown into a pit of vipers and hyenas.  We do this to ourselves, and to the ones we say we love.  And as the toddler grows up, through further steps of initiations into a cruel world, how that tentative step cements and molds itself into a characterization of so much of life’s violent encounters.  Whether remembered or not, those nascent steps of uncertainty carry along with us like Pilgrim’s burdensome backpack, weighing upon us at different and varying stages of our lives.

For Federal employees and U.S. Postal workers who find that a medical condition reenacts those tentative steps taken as a toddler, one becomes reminded that we came into this world uninvited, presented without a guide as to how to go about living life, and suddenly find yourself with a challenge:  No longer able to perform all of the essential elements of your job, your choices are to stay and endure the pain; leave, resign and walk away without anything you worked so hard to attain; or file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset.

And, like the toddler taking those first tentative steps, this is a new endeavor, a next phase, but probably without those doting parents cheering you on.  As a result, you may need to consult a lawyer who specializes in Federal Disability Retirement law, if only to steady those two feet as you jump forward into an uncertain future by submitting a Federal Disability Retirement application to the OPM.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: Preemptive Actions

Knowledge can be a dangerous commodity; partial, or little knowledge, can be all the more damaging, precisely because actions can result based upon incomplete information and slices of factually curtailed composites.

The Court of the Appeals for the Federal Circuit has previously pointed out one of the methodological deficiencies engaged in by the U.S. Office of Personnel Management, in its review and determination of Federal Disability Retirement cases:  of focusing upon that which is not included in a Federal Disability Retirement application, as opposed to reviewing the information of what has been received.

Such a distinction may be a subtle one, and a difference which can be easily overlooked, but it reveals much more than mere word-play.  For, what it manifests is an application of a criteria based upon an erroneous assumption, and one which continues to be applied to this day, despite case-law which admonishes OPM to the contrary.

Vanieken-Ryals v. OPM, a 2007 Federal Court of Appeals case, points out the error of OPM’s ways in Federal Disability Retirement cases, where insistence upon “objective” medical evidence continues to dominate, despite the lack of such requirement to the contrary.  Such an issue is especially relevant, of course, in cases where psychiatric medical conditions prevail, and when OPM insists upon the lack of such “objective” medical evidence where none can be obtained, it leads to Federal and Postal employees to react desperately in a preemptively unreasonable frenzy of actions.

Not knowing the law is one thing; knowing, but deliberately ignoring it, is quite another.  But the price Federal and Postal employees pay for when a bureaucracy engages in practices which clearly defy the clear mandate of legal requirement, results in preemptive actions which ultimately lead to another day in Court, to argue that which one thought was previously already established.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Benefits under FERS, CSRS or CSRS Offset: Times of Reflection

There is never a time when reflection should not be part of one’s arsenal of daily living; but too much reflection, during “down” times where interludes of rumination can become a compound for exacerbated worrying, may result in unnecessary turmoil, and ultimately of impotent inaction.

Having a medical condition will often force an acceleration of tumultuous worrying, for it impacts one’s future, questions the stability of one’s present, and magnifies wrong turns and decisions made in the past.  But it is the combining of a tripartite approach which provides for effective leadership in any matter:  evaluation and analysis of the problem; initiation of affirmative steps to be taken; and follow-up to ensure application and conclusion to a process begun.

Being in a purgatory of sorts, or suspended through indecision, can often be a seemingly harmless state of being, precisely because nothing is happening; but in the void of nothingness, the fact of failure in progress may be the greatest harm of all.

For Federal employees and U.S. Postal workers, filing for Federal Disability Retirement benefits when a medical condition impacts one’s ability to perform one or more of the essential elements of one’s job, is just such an affirmative step which has to be taken in order to secure one’s future.

Federal Disability Retirement is an administrative, bureaucratic process which can only be secured if the Federal or Postal employee initiates the process through one’s agency, en route to filing with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  It has many stages; multiple potential pitfalls; and a continuum of administrative difficulties.  At each stage of the process, there are bureaucratic requirements which must be timely met.

There is, in life, a time for reflection, and a time for action; the former can be accomplished at the leisure of civilized society where culture, creativity and a coalescence of classics can converge; but the latter must be through sheer will in the context of need, and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset is a combined effort of both reflection and action, where the former spurs the latter into fruition.

Sincerely,

Robert R. McGill, Esquire