Attorney Representation in Federal Disability Claims: Directions

The crude form of the proverbial image formulated is:  Up the creek without a paddle, but normally with an epithet inserted.  It portrays a vivid scene of being in a symbolic state, directionless and without a means of guiding or maneuvering.  One is thus subject to the winds of time, the vicissitudes of circumstances beyond one’s control, immediate or otherwise, and where a growing storm of unforeseen proportions and magnitude is coming at a rate of ferocity uncontrollable and unable to be prepared for.

People with medical conditions have that sense of progressive disintegration, where the things that one has worked and strived so hard to achieve, are now in danger of loss and ruination. For the disabled Federal employee or the injured Postal worker who suffers from an accident or other health condition, such that the medical condition is impacting the capacity and ability to perform all of the essential elements of one’s job, the growing fear of being swept aside by slow, insidious and deliberative steps by the agency — of a poor performance review; of initiating a “Performance Improvement Plan“, or a PIP; of threats of separation and termination because of one’s absenteeism and exhaustive use of LWOP; all point towards an inevitable direction which is far from the destination that the Federal or Postal employee wants to arrive at.

Lifeboats are funny things; they may save the life, but without a paddle, one may drift and yet fail to survive for lack of food or water.  Sustenance is the key to a life worthy of living.

For the Federal or Postal employee under FERS or CSRS, when a medical condition begins to threaten one’s employment with the Federal agency or the U.S. Postal Service, it may be time to consider filing for Federal Disability Retirement benefits.  Filed through one’s agency if one is still employed or separated from Federal Service but not for more than thirty one (31) days, the application is ultimately processed through the U.S. Office of Personnel Management for a determination of eligibility and entitlement.  It is a benefit which, in and of itself, provides for a basic annuity such that the sustenance of a livelihood is provided for, in order for the Federal employee or the Postal worker to attend to one’s health, and continue to look to a brighter future in the years ahead.

Thus, in that sense, Federal Disability Retirement is the needed oar for the man or woman in the proverbial boat, stranded up the mythological creek, waiting for the means to direct the drifting dictation of life’s daring demands.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Workers: GPS or Map Reading

Unforeseen consequences have become the expected norm; for, as technology progressively innovates, the quickened pace of advancement defies any allowance for thoughtful retrospection, leaving aside the need for anticipatory planning, as to the future impact of present actions.  Creating an antiseptic society which declares that simplicity of thoughtless actions is the goal to achieve, should anticipate a tremendous stunting of evolutionary progress.

For, if the theory of evolution is based upon environmental stresses which force microcosmic mutations, then what would be the reverse impact — when technology unburdens such stresses?  We no longer read maps; the GPS tells us where to go, when to turn, what street we are on, and when we have arrived.  We are daily told what to do; we need not figure out anything, anymore.  When we encounter a life-situation where our involvement and active participation is crucial to the success of an endeavor or process, the training which we have previously been given will reveal itself.

For the Federal or Postal employee who suffers from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, the process of preparing, formulating and filing for Federal Disability Retirement benefits, whether one is under FERS or CSRS, must by necessity be an active one, and not passive.  Decisions must be made; steps must be initiated; statutory and regulatory processes must be followed.

Life does not run the course of an electronic voice emitted by one’s Smart phone; some functions must engage the mind of the participant; map reading is still a skill which may be required, when the technology we relied upon fails to deliver.  Medical conditions have a tendency to stifle, and that is entirely understandable.  But the rest of the world continues to forge forward, and so do administrative processes, whether we like them or not.

In the end, the minor evolutionary mutations are never dependent upon any singular act of inaction; but the cumulative impact of a population waiting for direction can be altered by a single Federal or Postal employee who takes the affirmative step in preparing for his or her future by deciding to file for Federal Disability Retirement benefits — if not for the greater populace, then at least for his or her personal life.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Workers: The Guiding Sense of Direction

Global Positioning Systems are widely relied upon these days.  In conversations, there is never anymore an effort to recollect, whether of an old movie, a struggling synonym, or a name on the “tip of the tongue’ — for one only needs to whip out the smart phone, do a quick search, and the delicious exertion of an extended discourse greets the cessation of social interaction with silence. But one’s hand-held GPS merely gets the individual from point A to point B; it does not provide a wider perspective of one’s place in the greater world.

In the old days, the social interaction of spreading out a map before taking an extended trip was a requirement, unless of course one wanted to foolishly brave the winding roads of unfamiliar territory with the declared intention of undertaking an adventure of sorts. It was the mental exercise of figuring out the confusing grid system, of marking and remembering various routes, which taught one about the smallness of one’s being within the greater context of the world.

And in a similar vein, the pleasure of struggling to remember the name of something once known, but now locked in fuzzy storages in the dusty bookshelves of past memories, is now replaced by expediency and wasted efforts. Making decisions of important issues is somewhat akin to using a GPS or searching for information on the internet.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition impacts one’s capacity to perform the essential elements of one’s job, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS or CSRS, is a decision somewhat akin to using a GPS or searching on the internet.

For, in the end, it is not just a matter of traveling to a different point from one’s departure-point; it is important to have a wider perspective on all of the legal issues involved, the impact for future courses of decision-making, and the proper deciphering of the complex grid which characterizes a Federal Disability Retirement application. One can always push a button and go through the motions; or, one can have a deeper understanding by expending a little more effort in any given endeavor.

Filing for Federal Disability Retirement benefits is too important an avenue to undertake, to leave it to chance, or to declare that it is an adventure of sorts. It is likely necessary that one may have to resort to figuring out the complex grid of the administrative process, and in most cases, that will require the guidance of a map greater than a simple directional device.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Necessary Connections

Necessity is determined by how one defines and confines the parameters required to reach the requisite conclusion; if the criteria governing the roadmap to a successful outcome is replete with heightened qualitative specifications, greater care and effort may be mandated; conversely, if a looser, more informal measure is imposed, the tendency is to respond accordingly.

But what determines the response — outside influences, or one’s own standard of excellence? In Hume’s argument concerning causality, of course, the prerequisites defined were instituted at the outset to defeat the argument for causality; by setting up the requirement of what constitutes a “necessary connection” in order to establish a causal connection, he allowed for no amount of evidence which would satisfy his rule; thus, it was already a self-contained tautology from the outset.

For preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS or CSRS, the question becomes: Does the medical condition itself determine the extent of groundwork necessary for a successful approval from the U.S. Office of Personnel Management, or should the identical set of stringent prerequisites be satisfied regardless of the seriousness of the medical condition?  The obvious answer, of course, should always ascribe to the latter, as acceptance of the former entails potential pitfalls which may result in lost time and unnecessary efforts expended for satisfaction of additional stages in the administrative process.

Necessary connections in a Federal Disability Retirement application must be proven and established at all levels; for, as the age-old adage reminds us, it is the weakest link in the chain of arguments which will ultimately defeat the entire structure of an otherwise solid case.

It is the U.S. Office of Personnel Management, through statutory impositions and regulatory requirements, which has “pre-set” the necessary connections to be made in proving eligibility for Federal Disability Retirement benefits; it is up to the applicant (you) to make sure that all such causal connections are established, proven, confirmed and supported, in order to ensure the best chances for success in an administrative process fraught with human frailties and foibles.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement for Federal and USPS Workers: Roadmaps

In preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS from the U.S. Office of Personnel Management, it is important to allow for the medical evidence and other supporting documentation to “speak for themselves”.  Yet, at the same time, a cover-letter, or a “roadmap”, should always accompany a Federal Disability Retirement application.

In representing Federal and Postal employees, at every stage of the process — whether at the Initial Stage of compiling and preparing all aspects of a Federal Disability Retirement application; and at the Reconsideration Stage, in rebutting and responding to an OPM denial for the First Stage of the process — a cover letter always accompanies a disability retirement packet.

The cover letter is, and should be, lengthy to the extent of providing a concise roadmap of addressing all of the essential elements of the disability retirement packet; with appropriate “red flags” to apprise the OPM Representative of the relevance of the attached documents; of arguing the relevant law which clearly and by a preponderance of the evidence shows that each of the legal criteria in a Federal Disability Retirement application have been met; and why the Office of Personnel Management has no choice but to approve the Federal Disability Retirement benefit.

But like all roadmaps, it is important to establish the credibility of such a map, by showing that each statement, assertion and claim is vindicated by the truth of a relevant document or evidentiary source.  Credibility is established by substantive content backed by truth.  Have you ever followed a roadmap that resulted in taking you to the other side of town?  Such roadmaps are worth the paper they are printed on, and make for good fire starters.

Sincerely,

Robert R. McGill, Esquire