Federal Disability Retirement: Game Changers

Often, it is not the substantive material submitted, but the approach to an endeavor which alters the character of an encounter, and results in victory by acceptance and submission, in contradistinction to victory and defeat.  Such is the essential difference between the games of chess and of Go — the latter, originating in ancient China some 2,500 years ago, and employing a strategy of subtle surroundings, rarely including a direct frontal assault.  The Game of Go requires a perspective of the whole; and while (like chess) anticipation of future moves can help, it is the last move in relation to the whole of all prior moves, which will determine the future success.

With this, there is a parallelism with Federal and Postal workers who suffer from a medical condition, such that the medical condition impacts one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal job.  As in the Game of Go, it is the past which has brought one to the present circumstances; one’s future will be determined by how one approaches what is occurring in the current presentation of the board.

The battle against the medical condition itself may have taken many years; such is the nature of battling the subtleties of a medical condition, where much of it involves bearing the pain, remaining quiet through turmoils, and attempting to silently pass through life unnoticed.  But as with the Game of Go, a critical juncture arrives, where the wrong move will determine the future course of territories lost, or gained.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS-Offset, is often the critical point of departure for the Federal or Postal worker suffering from a medical condition and finding the need to separate and find that plateau of places where rehabilitation for the future becomes a necessity.

Future security depends upon moves made in the present; present strategies are based upon grounds gained or lost depending upon past moves; and recognizing that now is the time to prepare for the future, is the first step, both for the Federal and Postal worker needing to file for OPM Disability Retirement benefits, as well as for the player who dares to master the Game of Go.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Reconsideration Selectivity

Perceptual selectivity is an adaptive process of some evolutionary benefits; otherwise, the voluminous extent of bombarding stimuli would be too much to process and digest. We naturally focus upon certain perceptual activities; perhaps it is the brighter colors, the more aggressive movements, the objects which seem to portend potential threats, etc.  In modern societies, where attacking cougars and lions are merely mythological stories of the past (except perhaps out West, where such events still abound), selective excision occurs more often in the context of linguistic extraction.

U.S. Office of Personnel Management - Disability, Reconsideration and Appeals Group

U.S. Office of Personnel Management:  Disability, Reconsideration and Appeals Group

For Federal and Postal Workers who file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS, the process of selective extrapolation and argumentation can be a frustrating encounter when a denial of one’s Federal Disability Retirement application is issued by the U.S. Office of Personnel Management at the initial stage of the process (and even at the Reconsideration Stage).

It is indicative of the decision-maker’s mindset, and not necessarily as a consequence of the proof submitted.  There may be quotations extracted from medical reports and records seemingly supportive of a denial, while all the time ignoring countervailing wording and opinions which contradict or otherwise reverse the unsupportive statements.

Selectivity in the endeavor to find support for one’s position is simply something that people do.  You may cry out, “But where is the objectivity which is supposed to exist?” Objectivity is a learned process, achieved through discipline and intellectually rigorous self-effacement; selective bias, on the other hand, is the natural default position resulting from the evolutionary vestiges of man’s former state of existence. The residue of man’s natural state will always remain; but with the camouflage of sophistication presented in modern society, selectivity of purpose can mask our former state of brutish behavior.

For those encountering such selective processes in a denial from the U.S. Office of Personnel Management, the road to counter it is to argue the compendium of fact, law and full context of medical opinions, in preparing a full counterattack representing a viable refutation. In the end, the attempt at selectivity of facts and the law can easily be rebutted; but it often takes an awakening of the other’s evolutionary tendencies — of a potential threat of stimuli through the aggressive use of the law — which will result in a victory via an award of one’s Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Sincerely,

 

Robert R. McGill, Esquire

 

 

Medical Retirement Benefits for US Government Employees: The Game of Go

The game of Go involves planning, strategy, finesse, a sense of when to aggressively pursue, and a lesson of when to withdraw.  It is a game originating from China, thousands of years old, yet identical in play and rules today.  It is a game of daily living; and, indeed, even the tactile component of feeling the soft smoothness of each stone as you place them on the surface of the playing board, along with the geometric beauty of the patterns which your opponent complements as you lay your handiwork — all with the attribute of two basic colors:  black and white.

One can always make too much of an analogy between sports and life; fiction and reality; a mere game, and a process.  Games ultimately are what they are:  a play which, in the end, has no significance beyond the entertainment of the moment.  But some games help to sharpen one’s sense of daily living.

The metaphor and analogy to be applied between the game of Go and practicing law, including preparing, formulating and filing on behalf of Federal and Postal employees to obtain Federal Disability Retirement benefits from the U.S. Office of Personnel Management, is the need to understand the process; to present the evidence in a bold and unabashed manner; and to understand the “opponent” and what the opposition represents and will likely do.

Preempting what the U.S. Office of Personnel Management is likely to do in response to one’s handiwork, is an essential part of both the game of Go and of any practice of law.  That is why a legal strategy is important and relevant in the preparation of a Federal Disability Retirement application — for, like the game of Go, unless you make the proper connections between the medical evidence, the law, one’s positional duties, and one’s statement of disability, you will be surrounded by your opponent’s tactile placement of experienced handiwork, and find that all of your efforts have come to naught.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Logical Fallacies

The problem with logical fallacies is that the people who make them rarely recognize such errancy (otherwise they wouldn’t repeatedly make them), and further, are often the same people who refuse to recognize them even if it is kindly pointed out.

For example:  In a Federal Disability Retirement case, when the doctor’s report clearly and unequivocally points out that the Federal employee’s medical condition is “permanent”, one would logically infer from such a statement that the condition therefore will last a minimum of 12 months (the legal requirement in a FERS or CSRS Federal Disability Retirement case), and therefore would satisfy the legal requirement concerning that particular issue.

However, the U.S. Office of Personnel Management will often fail to make such an inference, and claim that the legal requirement that one’s medical condition must “last a minimum of 12 months” has not been satisfied.

Now, one essentially has three (3) choices in responding to OPM’s claim at the Reconsideration Stage of the process (or, if made a second time with a denial at the Reconsideration Stage, then to the Administrative Judge at the MSPB):  (1)  Ignore the logical fallacy, (2) Argue that OPM has made the logical fallacy and failed to make the correct inference, or (3) Have the issue restated in any updated medical documentation.

Of the 3, the last is probably the preferable, if only because one should expect that any failure to recognize such an obvious inference will likely reoccur again within the same organization (the U.S. Office of Personnel Management), and therefore clarity of statement (or restatement) would be the most effective course of action.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: An Additional Problem with Answering an OPM Denial

Spring and summer are finally upon us; the warmth of the sun finally brings some hope that the multiple series of snowstorms may be finally behind us (now that I have said it, the chances are exponentially multiplied that we will accumulate an additional 20 inches of snow in March).  Thoughts of the beach will soon become visually real, as opposed to virtually experienced.  Sand.  The metaphor of the “shifting sand” is one which is applicable to the Office of Personnel Management in its denial of a Federal Disability Retirement application under FERS or CSRS.  Those of you who have followed my stream of consciousness on the issue of templates, denial letters and the arbitrary nature of OPM’s decision-making process, will not find it surprising to find that OPM merely shifts, changes positions, and dances around (albeit, not always gracefully) any attempt to “corner” the argument which purportedly is the basis for a denial of a Federal or Postal Disability Retirement application

Do not, however, underestimate the importance of properly, directly, and clearly answering the concerns of an OPM denial.  It is not enough to gather more medical documentation and sending them in.  It is not enough to address, point by point, the basis of a denial letter.  One must corner, clarify, and clearly define the basis of an OPM denial, then refute them.  This way, if it is denied a second time, and the case goes before an Administrative Judge at the Merit Systems Protection Board, the AJ will see that the issues previously brought forth by OPM have already been addressed, and that any necessity for a Hearing may be avoided by clarifying any remaining concerns which the OPM representative may need to search for and articulate. 

Sincerely,

Robert R. McGill, Esquire