Disability Retirement from Federal Jobs: The Time we Spend

The time we spend implies the level of our concern, our interests and our priorities.  The proportionality reveals where one’s “mind’ resides.  If work takes up the greater portion of our lives, then one is deemed a workaholic; if video entertainment seems to dominate, then some will whisper of being “addicted”; or of too much of anything — leisure, pleasures, topical asides or exotic obsessions — the tendency is to make judgments based upon the time given and the attention reserved.

When does an “interest” in something become an addiction or an obsession?  Does it depend upon each circumstance and the context surrounding the reasons imparted?

Certainly, initiating a “start-up” requires greater commitment than to be employed with an established firm; and learning a new activity or engaging a fresh issue will require a greater commitment at the outset.  Medical conditions, as well, often require a greater focus and investment of time. The problem with medical conditions is not the disproportionate time needed, but the time it takes away from other activities — from work; from time with family; from the time previously spent on other necessary activities, including the mundane like taking out the garbage.

For Federal and 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, the time we spend on an ongoing medical condition — from taking SL, AL or LWOP (or being deemed AWOL), to being unable to complete tasks, etc. — is an indicator of when a Federal Disability Retirement application should be filed.

To obtain an objective assessment of one’s likelihood for a successful outcome, consult with an Attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Conditions of Necessity

What are the conditions that make for necessity?  At what point do we judge that an action, a set of utterances or a demand of this or that is “necessary’?  What constitutes the conditions for necessity and are they different for different people?

In other words, is there a tolerance level for Person-X that is distinguishable and qualitatively identifiable than from Individual-Y, such that what creates a condition for necessity for X may make for a yawning indifference for Y?  Do some marriages last longer — in accordance with the vows of fidelity and honoring — because of tolerance by one spouse or the other?  Are there criteria and principles that override, somewhat like what George Harrison’s wife once said in an interview that the key to a long marriage is “not getting a divorce” — meaning, no matter the extent of infidelities or breach of marital vows, if you simply tolerate all such violations, then the conditions of necessity will never arise?

Is that what happens to Federal employees and U.S. Postal workers who continue to remain silent, slowly dying a quiet death because of a medical condition that few know about, fewer still would even notice, and almost no one cares a twit about?  Do they continue to kill themselves quietly, pushing themselves through the pain and agony of a medical condition, and denying that the conditions of necessity have risen to a level where tolerance isn’t even a question, anymore?

Conditions of necessity — at what point do they rise to a level where it becomes unavoidable that filing for Federal Disability Retirement benefits has been reached and tolerating the symptoms of one’s medical conditions is no longer endurable?

Filing for FERS Disability Retirement benefits through the U.S. Office of Personnel Management is a long and complex administrative process, and when the conditions for necessity arise to a level where it becomes critical, it is a good idea to consult with an attorney who specializes in Federal Disability Retirement Law, lest the conditions of necessity become further complicated such that the bureaucratic morass of a Federal OPM Disability Retirement application becomes further entrenched in the intolerable conditions of necessity.

Sincerely,

Robert R. McGill, Esquire

 

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

 

FERS Disability Retirement from the OPM: That bright star

We remember learning about the various constellations; and, these days, we are merely one “Google-away” from identifying that morning point of light that seems to shine so bright just over the horizon, and has moved since you first noticed it the evening before. Google ruins everything.  There was a time when discussions would last long into the night because memories failed us — who was that actor in Movie-such-and-such; what was the last line in so-and-so play; and what was the name of the character in that blah-blah television series?

We no longer need to remember; poems no longer require reciting from memory; facts and dates are accessible with the click of a button; arguments and discussions no longer are required because they can all be looked up at Wikipedia.

Yet, in the objective world, or in that universe where Kant bifurcated the subjective from the inaccessible objective universe, that bright star continues to shine, and no matter what Google says or Wikipedia posits, the mystery of time, the external universe and the fact that the bright star shining may already have disappeared eons ago and the idea that what we see is merely the residual aftereffects just reaching one’s pupils within an universe that fails to betray such mysteries of eternity, we can still enjoy the quietude of a pinhole of light within the darkness that surrounds.

And then there is the singular existence of a human being staring at that bright star in the morning silence even before the first bark of the neighborhood stirring.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent one’s ability or capacity to perform one’s Federal or Postal job, it is often that “feeling” one has in staring at the bright star — alone, isolated and apart from the rest of the universe — that makes one fearful of the world beyond.

Federal Agencies and the Postal Service tend to make the Federal or Postal employee feel isolated and alone when a medical condition begins to impact one’s life.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management under FERS can seem like a lonely prospect — somewhat akin to the feeling one gets when standing outside looking at that bright star.  That is why consulting with an Attorney who Specializes in Federal OPM Disability Retirement Law is an important step in pursing the benefit of Federal Disability Retirement: To know that the bright star is there, and that we are not alone to counter the troubles of this world.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: This fast-paced world

Even 2 – 3 year olds are seen with Smartphones maneuvering their way through Facebook; and while the old industrial towns where blue collar jobs were once thriving become ghost towns from closure, shut-downs and transference to foreign parts for cheaper wages and greater corporate profits, the once-idyllic panorama of life lived in still-shots of single frames, painted with a single flower wilting in a child’s hands is forever fading into the pastoral beauty of past lives no longer remembered.

This is a fast-paced world; unrelenting; unforgiving; unable to provide a modicum of sympathy.  Those in the thick of it pass everyone by; and while we give lip-service for the need to “reduce stress” and live a more “contemplative” life, the reality is that we have created a machine where no one knows how to turn the switch off, leaving aside trying to slow down the mechanism of this juggernaut called “society”.

Some few thrive on it; most dread the Mondays that follow; and the rest of us merely walk through like zombies and the living dead, mindlessly winding our way through this maze called “life”.  Some few of us are able to laugh it off; fend against the daily stresses; somehow survive the burdens that this fast-paced world places upon us.  We, all of us, are mere beasts of burden, now, caught in the trap of our own making, walking as Camus’ Sisyphus in the unrelenting struggle to push the boulder up the hill only to see it roll back down, and to begin each day anew to push it back up.

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, this fast-paced world may oftentimes appear to have changed gears into hyper-drive.  For, the medical condition merely slows down the individual; the rest of the world, including the Federal Agency or the Postal facility, merely continues on.

No one has time for illness or injury; that is why we must rely upon the available laws that favor one’s particular situation, and filing for OPM Disability Retirement benefits is a pathway towards countering this fast-paced world which leaves so many behind.  Begin by consulting with an attorney who possesses the knowledge to apply the mechanisms already in place to obtain what is by legal right yours — and by doing so, to answer the perennial question of how one slows down in this fast-paced world where even the sick and injured are no longer cared for?

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Information: OPM’s Methodology

There may be a single criteria to meet, with subsets of requirements that must be complied with; yet, multiple methodologies in approaching the singular.  How can that be?  Isn’t it all simple, where you read what is required, then gather up all of the evidence that appears to meet it and simply send it all in?  That is the “volume methodology”.

Can a single sentence in a medical report ever meet the legal criteria in an OPM Disability Retirement case — i.e., a “qualitative” methodology, as opposed to a quantitative one?  Sometimes.

Isn’t the law clear in what is required, and isn’t it a matter of just amassing the medical evidence to meet the requirements as stated?  Hmmm…. For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical conditions prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it is important to understand, somewhat, OPM’s Methodology in reviewing and deciding upon a case.

First of all, not all medical conditions are equal.  Perhaps that is self-evident, but for the Federal or Postal employee who suffers from one or another medical condition, and must endure the daily pain, restriction and limitations imposed thereby, it may not be so self-evident.

Second, OPM is not some “neutral” Federal Agency that reviews a Federal Disability Retirement application with dispassionate objectivity, ready to grant an “approval” because you “believe” your medical evidence is “sufficient” to meet the legal requirements as stated.  Sufficiency is the gatekeeper that denies many a Federal Disability Retirement case — and it is not a methodology that is satisfied by quantitative (volume) means, not even necessarily by qualitative standards; rather, it is the reviewer (i.e., the “Medical Specialist” at OPM) who determines by some unknown and unknowable standard when the goal-post has been crossed.

Thus, in an OPM Disability Denial Letter, one may read a reference to one’s doctor’s note or a quotation from a medical report from one’s doctor, and think, “Good, this is very supportive” —then, with an appended end to the paragraph stating, “Such medical evidence does not sufficiently meet the standards to qualify for OPM Disability Retirement”.  Huh?

Think about it this way: “Sufficiency” may mean different things to different audiences; for example, what is a “sufficient” amount of food for a lion, as opposed to a domesticated kitten?

OPM’s methodology is, at best, malleable, as language in law is likewise changeable.  It is good to know this for Federal and Postal employees who are either getting ready to file for Federal Disability Retirement benefits, or who are in the middle of a fight to obtain it; for, in the end, consulting with an OPM Disability Retirement lawyer allows you to arm yourself with knowledge for the battle that OPM’s Methodology in determining Federal Disability Retirement cases must be prepared, like any legal battle that involves “criteria” to be interpreted.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: 2 countervailing rules

Here are 2: If you have an idea late at night, unless you write it down, you will never remember what it was in the morning.  The other half of the countervailing rule?  In the morning, it won’t seem as profound a thought as it first appeared late the previous night.  Or: Forgiveness can come easily when once you admit to your fault; and the counter to that — if it is your spouse or close relation, don’t think that you won’t be reminded of your need for forgiveness when once the first sign of trouble appears.  And another: Time will heal; yet, the countervailing reality: others rarely care to sacrifice their time in order to allow for the time needed to heal.

And for Federal and Postal employees 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, the first “rule” of the 2-part countervailing rules of life is often: “Oh, I have been such a good employee all of these years, I am sure that my Agency or the Postal Facility will be understanding while I prepare a Federal Disability Retirement application — for, doesn’t all of those years of good service count towards a good-will well deserved?” And the countervailing rule to that is: “Buddy, you’re no longer going to be a part of this team, and what you did yesterday counts only until this morning, and no more. Let us give you a freshly-minted medallion that you can pin on your lapel, and boot you out the door the moment we discover that you are planning to file for Federal Disability Retirement benefits — even though you are doing only that which you have a perfectly reasonable right to”.

And thus do the countervailing rules always come in a duality of balancing coordinates; and, unfortunately, the behemoth of a Federal Agency or the U.S. Postal Service always seems to have the upper, dominant hand, which is why you may want to first consult with an attorney who specializes in dealing with such countervailing rules of life.

Sincerely,

Robert R. McGill, Esquire