OPM Disability Retirement: The Arbitrary Denial

A denial from the U.S. Office of Personnel Management of a Federal Disability Retirement application is disappointing enough.  For, after waiting for countless and seemingly endless months, exhausting one’s resources and relying upon the reality of one’s medical conditions and limitations thereby imposed in persuading OPM to draw and infer the conclusion that the Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s Federal or Postal job, it is understandable how overwhelmingly dispiriting a denial can be.

Denials of a Federal Disability Retirement application often appear to be “arbitrary”.  Yes, there may be multiple paragraphs in a “Discussion” Section of the Denial Letter delineating a “reason”, but such explanatory posits are often non sequiturs where conclusions fail to follow upon selective extrapolations from medical reports submitted.

Clearly, “something” did not satisfy the reviewing “medical specialist” who came to the conclusion of a denial, and whether the Federal or Postal applicant believes that the denial is both unfounded and unjustified, it is an irrefutable fact that OPM possesses both the power and the authority to approve or deny a Federal Disability Retirement application, and whether a denial appears “arbitrary” or convincingly persuasive in delineating reasons for the denial, the process itself must be seen as an “adversarial” one.

Arbitrariness can only be countered by rational discourse, and the power to deny must be refuted by a reasoned rebuttal supported by convincing medical documentation.  Don’t fume over unfair, selective extrapolations that are intellectually disingenuous; instead, contact an attorney who specializes in Federal Disability Retirement Law and begin the process of countering the arbitrary denial by mapping out a reasoned rebuttal.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Information: Truth and Falsity

There is much discussion about the nature of truth and falsity in our world — if, indeed, shouting and counter-shouting constitutes discourse rising to the level of a “discussion”.  Whether there is Truth with a capital “T”; or are there various versions of multiple “truths”, where my truth is just as valid as your truth, and falsity as merely the negation of yours at the sacrificial behest of mine?

There are apparently “truths”, “alternative truths” and “parallel truths”, and perhaps all of them can “get along” and vie for the vaunted position of the lofty “Truth” with the capital “T”, so long as we all don’t roll upon the carpet with laughter within our bellies demeaning the statements made by various politicians claiming a corner of their truth as opposed to the truths that we all know to be true.

The truth is, Truth can take various forms, and it is the subtle distinctions that are lost in the inane discourse of modernity where relativism, lies, inaccuracies and the capacity to conflate and confuse have made it all “bosh”.

To begin with, there is a presumption of a truthful statement — otherwise, the entire concept of a “lie” would become meaningless.  Then, of course, there are statements of truth that are contextually relevant, as in the statement, “I am staying home today with my sick child.”  If such a statement were to be declared on another day, it may be an untruthful statement.  Furthermore, personal experiences attached to statements undermine the objectivity and universality of the utterance, as in the simple declarative, “I feel good today”.

The very concept of truth and falsity is much more complex than the simple and inane discussion that has developed from the recent discourse of truths, alternative truths and what constitutes factual statements, inaccurate ones or outright lies; but suffice it to say that most people can recognize the difference between truth and falsity, just as people know the difference between day and night even if there are shades of twilight and dawn.

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 his or her Federal or Postal job, the distinction between truth and falsity is represented by the stark reality of the medical condition itself, and may often determine the course of future actions yet to be contemplated.

The truth:  The medical condition is beginning to impact my ability to perform my job duties at work.  The falsity:  If I just ignore everything, it will all just go away and I will wake up from a bad dream.  And the subtle distinctions like the dawn of light or the quietude of twilight: Federal Disability Retirement is not something that I want to choose, but it is the best option available for my situation.

Sometimes, it is not the stark choice between Truth and Falsity that matters, but the option taken must take into account the contextual reality of what is —that is, if you can even know these days what the definition of “is” is.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Civil Service: The Clock

It is an interesting device.  We can try and project back to a time of its non-existence, or at least when not every household owned one.  What could it have been like?  Where the hour was guessed at by the position of the sun – or was that not even part of the thought process?  Did the sun, dawn, dusk and twilight merely present a foreboding for a different paradigm?

Certainly, minutes and seconds likely had conceptual meaninglessness, and everyone worked, played and lived for the “moment”, without great regard or concern for the next day, the following season, or a decade hence.  Ship’s captains had a greater sense of future foreboding, though not necessarily of time, but of oncoming storms or changes in the currents; farmers lived season to season, and fretted as they still do about droughts or floods that might destroy crops; but as we entered into modernity, it was the grind of the clock that set the day for the city dweller, where payment for labor earned was remitted not by the rising and setting of the sun, but by increments of hours, minutes and labor beyond the darkness of a day ended.

At what point did time entrap us into a thought-process of expectancy that destroys the joy of a living moment?

If Friday provides a needed anticipation for a weekend of rest and repose, we immediately destroy and capacity to enjoy it by looking at the clock and realizing how many hours and minutes have passed by, and further denigrate our ability to appreciate by calculating the remainder of time.  We can become obsessed with the clock – its ticking diminution by projecting the decrease; the foreboding of what is yet to come, though it is merely within our minds; and the constant checking of incremental living of a life as against the clock that rules.

Medical conditions tend to remind us of the clock; or, perhaps it is the opposite, where the clock reminds us of our mortality when we suffer from a medical condition.  For Federal employees and U.S. Postal workers who suffer from a medical condition, such that preparing a Federal Disability Retirement application may become a necessity, the clock can serve as both a reminder as well as an obsession of foreboding thought processes.

Yes, the clock is likely ticking in a proverbial sense in terms of the Agency or the U.S. Postal Service having the patience (does such an animal exist for either?) in trying to “work with” the medical condition (a euphemism often interpreted as, “You better become fully productive soon, or else”), but in a more real sense, the Federal or Postal employee must make a decision at some point as to the prioritizing of one’s health as opposed to the positional elements of the job which is increasingly becoming more and more difficult to fulfill.

By law, the Federal or Postal employee who is released, separated or terminated (yes, there is a distinction between the three, but for the Federal employee of Postal worker, not enough of significance to define them here), the Federal or Postal employee can file for Federal Disability Retirement within one (1) year of such separation from service.  Certainly, in that instance, the clock begins to tick, and not just in a proverbial sense but in real legal terms.  One need not, however, wait for such an event to realize the clock’s significance; watching the clock as the medical condition continues to deteriorate, is reminder enough that time rules us each day whether or not we succumb to it, or not.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Medical Retirement: Agencies and the Opium Den of Yore

They were dark caverns of gatherings; residual consequences of colonialism; and though denied in polite society, the lure of addictive aroma wafting ever pervasively brought men and women repeatedly to the doors which opened for the pleasurable moment of escape.  It was like going back, and staying, despite knowing the harm it did, would do, and could wrought, even with the knowledge of the harm portending.  But the residue of the sweet scent would remain, like an invisible thread tugging at the weakest corners of the soul, to return, return, return.

Life tends to do that; of drawing people back, and holding on despite knowing that it is not good for one; and perhaps that explains, in part, those who remain in abusive relationships and engage in self-harm and behavior of self-immolation.

For Federal employees and U.S. Postal workers who remain with the same agency, in the Federal sector or the U.S. Postal Service, knowing that continuation in the same job inflicts harm and continuing, contributing deterioration of one’s medical condition, the agency itself and the U.S. Postal Service becomes like the opium den or yore.  One returns, knowing that the abusive behavior of the entity will only continue to pervade with a constancy of greater aggression.

For Federal and Postal workers who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s positional duties, the need to separate from the Federal Service or the U.S. Postal Service — like the addict who requires the sheer determination and willpower to stay away from the opium den — often remains the only solution.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is a planned escape route in order to (A) rehabilitate one’s medical condition and (B) secure an annuity in order to attain a semblance of financial security, both for now and for the future.  As such, any Federal or Postal employee who finds that a medical condition is impacting one’s ability to perform the essential elements of one’s job, and who sees the sign of future adverse actions on the part of the agency or the U.S. Postal Service, needs to consider the steps necessary to prepare, formulate and file for Federal Disability Retirement benefits through OPM.

One need not be an addict of foregone years wandering through the streets searching for an opium den in order to engage in self-inflicting behavior; it may just be that one is merely a Federal or Postal employee engaging in similar behavior, and not fully realizing the options available.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney: The Quality of Input

We often forget that the quality, validity and accuracy of conclusions produced by computers will depend upon the input of information provided.  Thus, predictability of future weather forecasts are contingent upon present information selected, and the computational analysis resulting in the future paradigm is founded upon current constructs, analyzed through the cumulative data previously provided, with a dash of witch’s brew and a genuflection of hope.  In other words, the trash produced results from the trash collected; a rather self-evident tautology of sorts.

For Federal employees and U.S. Postal workers who are considering 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 issue of what information to provide, the amount of documentation, the precise wording selected, and the cumulative historical and current data introduced, will determine the statistical ratio of increased chance of success versus the possibility of an initial denial.

Receiving a denial from OPM is a down heartening experience, to put it mildly.  Expectations are that the subjective pain or psychiatric stresses which one experiences, will immediately be recognized and become translated into a societal benefit through a monetary annuity, especially as Federal Disability Retirement is an employment benefit offered for all FERS, CSRS or CSRS Offset employees in the Federal system, and upon proof and sufficient information and documentation provided, one becomes eligible for the benefit.

The difference between preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, on the one hand, and computational analysis of information in other sectors of information processing, on the other, is that an intermediate human factor is present.

All Federal Disability Retirement applications are reviewed, scrutinized and evaluated for sufficiency by someone at OPM, and it is this very human element which remains the “X factor” in all Federal OPM Disability Retirement applications.  What can be done about it?  It is simply a reality which must be taken into account, processed and accounted for.  While bureaucratic and ultimately a rather depersonalized process, it is nevertheless an administrative system which must be faced.

It is as old as the ageless adage of yore, attributed to Isaac Newton:  What goes up must come down; or, what information is provided, is the basis of conclusions reached, and it is the quality of information in culling together a Federal Disability Retirement application which is paramount in achieving success.

 

Sincerely,

Robert R. McGill, Esquire