OPM Disability Retirement Denials: Selective reasoning

Of course, we all engage in it; some, merely by withholding certain known facts; others, by emphasizing and asserting portions of the logic employed while ignoring or deliberately averting the focus of other aspects.  Selective reasoning through deliberate omission is the height of pragmatic oppression; for, when it is accomplished with knowledge and self-admission of premeditation, it involves a mind that knows the difference between proper application of logical reasoning and the intentional misrepresentation of facts.

We engage in such folly during the course of normal fights and argumentation; for, to win is the basis of arguing, and the ends often justify the means.  Logic is a learned tool.  It is the foundation of sound reasoning.  It is not an inherent, in-born or even in-bred character of man, but it can bring out the evil therein.

As a tool, those who are good at it have a greater responsibility to use it wisely, honestly and with proper motives.  It is the “selective” part of the reasoning that makes for honesty of dishonesty in the reasoning process, and the anomaly and irony, of course, is that the process itself — of reasoning — necessarily involves selectivity, for logical argumentation encapsulates proper and effective selection of facts, syllogistic approaches and propositional logic all bundled into one.

The U.S. Office of Personnel Management engages in selective reasoning, and their denials of Federal Disability Retirement applications reveal a level of such selectivity that one must conclude that it is being done intentionally and with deliberate knowledge.

Beware of denials; for, they try and make it appear as if you never had a chance to begin with in your FERS Disability Retirement application. OPM will selectively choose to extrapolate from various medical reports and records, and fail to mention or highlight the selective portions omitted, then reason that there was “insufficient” medical evidence despite facts and rational argumentation to the contrary.

Do not despair, and do not simply allow for the 30-day time period in which to file for Reconsideration to lapse; for it is precisely such selective reasoning that is meant to discourage, and to make you think that the denial is dismissively disproportionate so as to justify giving up altogether — which is precisely what their selective reasoning is meant to accomplish.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Denial: The Middle Stage

It is like those siblings who are “in between”; of caught in relevance and significance by being squeezed on the one side by the “giant first one”, and on the other side by an even greater presence; and, somehow, the middle stage is lost and forgotten.  Is that how life itself is viewed, as well?  Of being cooed and oohed over the baby-years, and then forgotten once the younger sister comes into the family; or of being cast aside by children in their teenage years, then suddenly realizing that time lost can never be regained, but recognizing that one’s parents now are too old to appreciate?

Is that why the “Middle Ages” are viewed as irrelevant, stuck between the “Ancient Era” of the great Roman and Greek periods, and then suddenly skipped over into the Renaissance and into modernity?

The “Middle Stage” is like the Middle Age years — of being present but quickly fading; of being there but barely noticed; of shying away and fearing the next stage because the one before was so full of energy and the disappointment of the failures of the previous stage is merely a foresight into the fearful expectations of the next.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition now prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the “Middle Stage” is called the “Reconsideration Stage” of the administrative process.

The Reconsideration Stage is the stage where the Federal or Postal Disability Retirement application has been denied at the Initial Stage, and it is the Stage before the Third Stage — an appeal to the U.S.Merit Systems Protection Board.  It is not a stage to be “overlooked” — as some inevitability of a further denial — but one which provides for an opportunity to enhance and add to one’s Federal Disability Retirement application by providing additional medical and other documentation in order to obtain an approval from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

If the applicant decided to forego consulting with an attorney at the Initial Stage of the Federal Disability Retirement process, then it is a good time to consider contacting an attorney at the “Middle Stage” — the Reconsideration Stage of the process — to discuss the next and crucial steps in order to correct any past mistakes and affirmatively assert the proper legal basis in meeting the preponderance of the evidence criteria in your quest to obtain Federal Disability Retirement benefits from OPM.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement from the Office of Personnel Management: SF 3112C

As a “government form” it purports to provide guidance in general terms, and it is doubtful that the lack of clarity as to its purpose or utility will assist the medical professional into writing an effective report.

The plain fact is that SF 3112C is a confusing form — confusing both to the doctor or Nurse Practitioner who is presented with it, as well as to the FERS Applicant who is attempting to prepare an effective OPM Disability Retirement application.  It refers to a “position description” being attached, but fails to provide the necessary explanatory nexus between the PD and the medical opinion sought.

What part of the position description should be focused upon?  Is it the entirety of the PD, portions of it, or just the “essential elements”?  Is it relevant whether a person can work part-time, full time, or an erratic combination of both depending upon the severity of symptoms that may arise periodically?  Is SF 3112C meant to confuse, or like so many “government forms”, is the language inevitably misleading because it is (A) meant to be that way, (B) unintentionally written in an unclear manner or (C) is meant to be wholly unhelpful because OPM doesn’t want to go out of its way to help the Federal Disability Retirement applicant?  Must the SF 3112C, the “Physician’s Statement”, be used at all?

If you are still working with the Federal Agency or on the rolls of the Postal Service, or at least not separated for more than thirty one (31) days, must the prepared physician’s statement be sent directly to your H.R. Office without first being reviewed and validated by the applicant?  The form itself certainly makes it appear so, but is that really the case?

In the end, the applicant who is preparing, formulating and filing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, must make some initial and important determinations concerning the substance and content of the application itself.

Forms are tricky; the laws that oversee them, often vague; but if you are relying upon instructions written and formulated by the very government agency that will be making a determination on your application, you may want to first consult with an attorney who specializes in the very law that governs Federal Disability Retirement, before you begin “filling” out forms or having your doctor fill one out.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Relating negative events

Bad things come in pairs, or is it triplets?  Is there a tendency to relate and categorize in terms of color, logical sequence, similarities and characteristics?  Is the Kantian model of imposing categories upon an otherwise orderless universe the reason why we relate negative events in bunches, like grapes growing upon vines waiting to be picked?  Or do bad things happen in combinations naturally, as a law that cannot be avoided?

When we learn that others have been speaking ill of us, or of unkind statements and gossiping rumors spread about, do we not then consider the look of those around us and begin to suspect that the facial frown was directed at us, the distracted individual is not merely lost in his or her own thoughts, but is deliberately ignoring and shunning us, and even the dog that was once friendly is heard to emit a low-growling sound of unfriendly disposition?

Relating negative events is a natural response to a world that is orderless, and one that can be cruel — a perspective that is easily and readily confirmed by the uncaring attitude not just from an impervious universe, but from those who pretend to be out best friend, as well.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the Universal Law that dictates relating negative events becomes unavoidable: Suddenly, because you have taken too much SL and have requested FMLA, you are no longer the “golden boy” (or girl) who can be relied upon, and next comes the leave restrictions; the “Memorandum of Warning”, and then even a PIP; and what next?

Termination is the target for the future.

All the while, the “negative event” was the deterioration of one’s health, which then set into motion all of the other negative events which became related one to the other.

Bad things, unfortunately, happen in bunches, and it is important to initiate a “positive” element and infuse a “good” thing into the middle of those bunches of negative events, and preparing, formulating and filing 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, is that positive step one can take for one’s self in the morass of relating all of those negative events that seem to have occurred without your consent.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Retirement: The wave of unwillingness

Watching waves along a seashore is indicative of the rhythmic cadence of life’s daily encounters; the rolling regularity of repetition, then for some odd reason — or none at all — a sudden rush of an unanticipated surge that changes the expectations relied upon.

Human will is a peculiar characteristic; it is not quite a conceptual principle, nor even a sensation; it is an inner force emanating from deep within one’s psyche, energized at various times, inert and dormant at other.  When does the wave of unwillingness appear?  Like that rhythmic lull which is suddenly overtaken by a surge that is unexpected, it appears in life with a sudden vengeance.

For most of life, we are willing — whether to be helpful, to be generous, kind, passing things by and allowing for things to occur without much resistance.  Then, a medical condition begins to gnaw at one’s health — at first, perhaps just an inkling of troubled waters ahead, then a persistence that fails to abate.  By sheer will do we get through each day, overcoming by power of driven insistence and persistence, until one day the wave of unwillingness makes us stop, ponder and consider: How many more days can the power of one’s will continue like this?

Medical conditions have a way of wearing one’s will down.  For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to overwhelm with the wave of unwillingness — where the body becomes weary and fatigued; the mind begins to lose its clarity of purpose — it is time to prepare, formulate and file an effective 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.

Remember that the wave of unwillingness did not just come about without accompaniment by other waves; it is just that the rhythm of the daily onslaught of stresses, the lack of care for the medical condition that continued to deteriorate, etc., came to a critical point where you could no longer avoid the reality of what the disease, injury or condition was trying to tell you: The human will, while resilient, can withstand only so much, and one’s health often contributes greatly to the ability and capacity to get one to a certain point in life, and when a critical juncture is encountered where the wave of unwillingness begins to overtake and overwhelm, it is time to consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, so that you may be able to once again enjoy the lull of rhythmic waves that create a symphony of sounds like the lullaby of a childhood’s warm memories.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: The facade

We all do it; but the fact that all engage in it does not mean that the quality of what occurs behind the mask is equal in kind.  What betrays the workings of that which lurks behind the Noh mask?  Does the backstabber ever recognize the evil that is perpetrated any more than the Wizard behind the curtain believed that something untoward was being accomplished?

In architecture, a facade is the outward appearance or frontage that represents the initial encounter, entrance or first impression when approaching or entering; it is a neutral term in that it doesn’t connote or denote anything beyond that which it is — the first impression of the outward appearance.  But when that same term is applied to human beings or other contexts, it takes on a secondary implication of doubt, motive, underlying processes or even evil intent that is deliberately being concealed for the nefarious winds that need cover.

We all wear them; some are more adept at maintaining it in order to conceal and veil; while others can only establish it for a short period, then confess to all that nothing beneath was meant to harm.

For Federal employees and U.S. Postal workers who carry a facade in order to conceal the medical condition that continues to debilitate, deteriorate and prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the strain upon one’s psyche can be enormous and trying.

Over time, the facade must by necessity begin to crumble, to fade, to unravel and reveal; it is the inevitability that is often so fatiguing.  When the critical point of intersection occurs — where the priority of the medical condition surpasses the need to maintain appearances — it may be time to consider preparing, formulating and filing an effective Federal Disability Retirement application, to be filed through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

At some point, we all have to become “real”, and the facade that hides the face of a building does so without concealing anything precisely because there is no “there” behind the face; but the human being that puts on the Noh mask cannot for long maintain the facade that conceals the human suffering within.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The mythology we create

Folklores and mythologies we have read as children; they stir the imagination, of gods in faraway lands in times now forgotten, and of tales of daring and courage in the moral plays of a universe now turned between the tides of time and the ebbing of history.

We are told that they were a manner in which to explain the unexplainable; that, until the great Age of Science came along and placed everything in its logical perspective, we once believed in the mythology of gods, superstitions and the folklore of our own imaginations.

But what of the mythologies we create in modernity?  Of the infallibility of science, when the very judgment and discourse is still based upon human frailty and self-interest?  Of phenomena which we cannot explain but somehow ascribe words that sound meaningful and complex to the understanding of others, and so we continue on in the mysteries we create?

And of mythologies we create — whether in our own minds without ever sharing with others, or the daydreams we are trapped in which we repeat almost daily, as an escape from the drudgery of the reality we must endure; or, perhaps of the lie that began as a pebble in the stream but kept growing over the years until it became a boulder that stemmed the tide of discourse and created a dam which fed a lake?

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the mythology we create can be somewhat on a lesser scale of mischief or criminality.

It need not tell the story of a civilization’s origins or in explaining some overwhelming phenomena of the universe.  No, it can be a story that is created to explain away the excessive use of Sick Leave or Annual Leave; it can be the mere telling of a tale that tomorrow the medical condition will miraculously go away; or it can be in the very self-deception that you can continue to endure the pain and suffering and hide it from your coworkers, supervisors and the Agency as a whole.

Federal Disability Retirement is a benefit that allows for the Federal or Postal worker to retire early based upon one’s medical inability to perform one or more of the essential elements of one’s Federal or Postal job.

In filing a Federal Disability Retirement application, however, it may require you to shatter the mythology we have come to create, and face the reality that the gods of thunder and lightening no longer throw down the zigzagging bolts of anger and revenge from high above, but rather, the rains of today may give way to the sunshine of tomorrow, explainable by the natural causes of science and that this amazing world of causality may yet be defined without purpose.

Sincerely,

Robert R. McGill, Esquire