OPM Disability Retirement: The Semblance of Joy

Happiness is but a fleeting moment; satisfaction is but the natural result of completion; but joy, that is a tincture derived from the depths of one’s soul.  Perhaps there is an element of word-play; how we define levels of emotional states of being can depend upon the contextual usage of each conceptual construct, and in the end it is how we have described a given set of circumstances, based upon our personal experiential encounters and what sense of being we perceived at the time.

Beyond the veil of words, casting aside the layers of callouses which we have carefully built up over the years in order to survive the daily onslaught of venom in this world lacking of empathy or cooperative caring for one’s fellow human being, it is when a traumatic event suddenly befalls us that the true state of our souls becomes apparent.

Medical conditions have a tendency to magnify the reality of our state of existence.  Suddenly, perspectives become skewed; realities once depended upon appear suspicious; and we begin to lie to ourselves and take on a semblance of joy.  Why is that?  Is it because we fear the truth of human cruelty?  That despite all of the allegedly cultural advancements and technological innovations we pride ourselves about, the truth of our evolutionary baseness has never changed:  the vulnerable are merely meals for the predator in waiting.

For the Federal employee and the U.S. Postal worker who suffers from a medical condition, such a state of affairs is nothing new.  Agencies begin to pile on; coworkers shun; supervisors increase the level of vitriol and punish through administrative sanctions and progressive pressures through threats and intimidating language; and, all the while, the dedicated Federal or Postal worker must suffer through with limited options and constricted avenues slowly being blocked and cordoned off as restricted zones no longer open, where once the brightness of tomorrow promised the world.

For Federal and Postal employees finding themselves in the untenable position of having a medical condition, such that the medical condition is preventing him or her from performing one or more of the basic elements of one’s job, it may be time to consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset.

When once the Federal or Postal worker comes to a realization that the bet upon happiness cannot be placed upon one’s employment or career, and where satisfaction is no longer a possibility with the mission of an agency; when the exhaustion and fatigue of hiding behind the semblance of joy begins to constrict and close in, like the human figure behind a Noh mask covering the claustrophobia of existence; then, it is time to consider taking on the long road of preparing, formulating and filing for Federal Disability Retirement benefits, whether you as the Federal or Postal employee are under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

 

Federal Worker Disability Retirement: Life as Episodic Declarations

One wonders whether harm is not being perpetrated upon the youth, in the manner in which reality is presented.  Many seem to believe that reality is that which occurs on Facebook, Twitter, or some form of electronic media; and the interconnected nature of relevance in life cannot be decoupled from the episodic declarations as posted on such mediums.

For the next generation, how much more of reality will be defined by virtual reality, where “reality” itself no longer needs the predicate of “virtual”, because the subject has replaced the predicate?  Contrast such an upbringing to a generation of older workers who struggle daily with technology and its practical applications; and while we all recognize the future relevance regarding technological innovations, virtual reality was meant to be merely an escape from the daily toil of the harshness of life, and never a replacement.

For Federal and Postal Workers who face the trauma of a medical condition which can neither be avoided nor replaced, the decisions contemplated for securing one’s future become more than mere episodic declarations on the pages of social media; it is the threat to one’s existence, and the daily encounter with pain, cognitive dysfunctions, and potential surgical interventions which dominate; but for the next generation, will such harsh realities mean little until and unless they are posted on social media sites?

Federal and Postal Workers of today understand the causal connection between livelihood, work, production, career, and the difference between the compendium of the latter and that which constitutes “virtual reality”.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, is an administrative process which goes to the heart of confidentiality, personal life, and answering of concerns about one’s future.  While some may in the end post something about it on a website, there are some things in life which should remain private and sacrosanct, and the guiding advice of an attorney and the confidentiality kept within the confines of an attorney-client relationship, should always remain.

Life, in the end, is more than an episodic declaration on a social media site; in fact, when the lights are turned off, it is the quietude of reality which continues on, and not the artificial glare of technology.

Sincerely,

Robert R. McGill, Esquire

Getting Disability Retirement when Working for the Federal Government: The Sanctuary

They are artificial pockets of safe havens; deliberately set aside, we hear of them as “wildlife refuges”, “bird sanctuaries”, and similar anomalies created for other species, but not our own. It is perhaps a testament to human beings that we care so much for the protection of other species, with little regard for ourselves.

But sanctuaries, by their very definition, are important for the preservation and longevity of each individual and the greater genus of one’s species; whether a temporary sanctuary set aside as a sacrament to be guarded; a day of sabbath fenced off from all other days; an interlude of quiet reading, listening to music, or merely enjoying the company of one’s spouse, relatives or friends; a mind, body or soul preserved, to ready one’s self to face the harsh realities of the world of business, finance, competition and combativeness.

For Federal and Postal employees who face the added realities of a medical condition such that the medical condition begins to threaten one’s ability to continue in one’s chosen career field, the option of attempting to secure a more permanent sanctuary by filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is available so long as certain minimum requirements are met.

For FERS employees, the Federal or Postal Worker must have a minimum of 18 months of Federal Service. For CSRS employees, the Federal or Postal Worker must have a minimum of 5 years of Federal Service. Beyond that, there are complex statutory guidelines which must be met, which are a combination of medical, legal and factual criteria which must be proven by a preponderance of the evidence.

Throughout the administrative process, one must always attempt to create and preserve that cognitive and emotional sanctuary in order to survive the battles ahead; as wildlife preserves require careful planning, so such efforts should similarly be applied to protect the value of the human species.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: The Key to a Case

Often, when dignitaries or celebrities visit a particular city, they are recognized, applauded and sometimes “given the keys” to a city — metaphorically meaning that they are provided with certain benefits and access to such benefits.  It would be nice if, in every circumstance involving the necessity of identifying a key to an access, that we could figure out which key fits, in order to open the door to that previously-inaccessible entranceway.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to identify, recognize, and implement the “keys” to a successful outcome.  If one metaphorically views a Federal Disability Retirement application, then the application itself would be the key; the doorway which prevents access is the U.S. Office of Personnel Management; and the opening of the door is the successful approval of a Federal Disability Retirement application.

The “key”, then, is that which opens the doorway, and leads to eligibility of one’s Federal Disability Retirement benefits.  The focus of the Federal and Postal employee must be upon choosing the right key; crafting the proper implement; then ensuring that the instrument fits properly the lock which bars the entrance to the gateway of success.

Such formulation and compilation of the proper key in order to obtain access, is — to put it in trite form — the key to one’s success.  As such, it is important to put one’s effort in the timeline just before putting the key into the lock — i.e., in the formulation and preparation, of compiling the right data, arguments and documents, in order to possess and apply an effective application.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Systematic Preparation for the Process

As has been stated many time previously, in preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS from the Office of Personnel Management, it is important to view the engagement with the entirety of the application procedure as a “process“, as opposed to a singular event.  

The multiple stages of this administrative process — from the Initial Stage of the preparation and filing; to the Reconsideration Stage (in the event of an initial denial); to the appeal to an Administrative Judge with the U.S. Merit Systems Protection Board; to an appeal with a Petition for Full Review (PFR) with the MSPB; and finally to the Federal Circuit Court of Appeals — it is a “process” because each of the forums or legal venues cannot be viewed in a vacuum.  

While it is true that a Hearing before an Administrative Judge at the Merit Systems Protection Board will receive the information, testimony, and conduct the Hearing as “de novo” — meaning, “anew” or “freshly all over again” — nevertheless, it is quite apparent that the reason why such a stage as having a Hearing before an Administrative Judge at the Merit Systems Protection Board is precisely because of the evidence filed in the prior portion of the process, and the one before that.

Thus, retrospectively, one must understand that the Federal or Postal Worker who finds himself or herself in any part of the administrative process, is there precisely because of its interdependence upon a prior, other part of the process.  Therefore, prospectively — looking forward at the start of the process — it is important to recognize this point, and to prepare and formulate one’s Federal Disability Retirement application with this in mind:  that each Stage of the administrative process identified as a Federal Disability Retirement application under FERS or CSRS cannot be viewed in a vacuum, but instead, must always be analyzed with a view from “on high” — meaning, preparing for the potentiality that it will be reviewed and heard before a judge.  

This often changes the perspective, and should give pause to the lay person who believes that his or her case is a mere “slam dunk” which will entail a singular event.  Systematic preparation for the entirety of the process is a perspective worth noting, and such notation may be the needed grammatical mark for a successful and persuasive presentation to the Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Legal Arguments

Legal precedents are a necessary part of any process, and this is no less true when filing for Federal Disability Retirement benefits under FERS & CSRS.  Some argue that legal citations and references to legal precedents are less important at the Initial Stage of the process, but such a viewpoint ignores the fact that preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS is a “process” — not merely a one-time filing.  

Indeed, the distinction is important to note, because that is precisely why the entire administrative procedure of having an Initial Stage, a Reconsideration Stage, then an appeal to the Merit Systems Protection Board, then further appeals, is available for all Federal and Postal employees.  As a “process”, while each stage is considered in a “de novo” fashion (meaning, looked at “anew” without consideration of the prior decision), the legal precedents and citations which one refers to in order to establish one’s eligibility and entitlement to Federal Disability Retirement benefits under FERS or CSRS provide the foundational justification, no matter what stage of the process one is at.  

Thus, a legal citation argued for at the Initial Stage is valid for the Reconsideration Stage; a precedential legal reference made and argued at the Reconsideration Stage is valid for the MSPB, and so on.  As such, legal arguments provide for a continuum of arguing for one’s entitlement to a benefit which the Office of Personnel Management must justify in any denial it renders.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: The MSPB and Beyond

An application for FERS Disability Retirement benefits should always be prepared for the “long haul”.  Thus, it should be formulated, argued and prepared as if it will be denied at each stage, and will end up before the Merit Systems Protection Board.

Does this take any “special” preparation?  To some extent, the answer is “yes”, inasmuch as the stages beyond the Initial Application stage before the Office of Personnel Management, then the Reconsideration Stage of the FERS Disability Retirement process, then a Hearing before an Administrative Judge at the MSPB, involves whether or not an “error of law” was made.

As such, because each of the preceding three stages of the administrative process would essentially involve foundations for a later stage of an administrative appeal, it is obviously important to know what “the law” is.  One can hardly argue in the later stages what “errors of law” were made if one is not familiar with what “the law” is comprised of in the first place.

By establishing certain key foundations, and inserting legal precedents and arguments throughout the process, one has a better chance at arguing that legal errors were made by the Administrative Judge.  While a Federal or Postal worker should certainly expect that his or her Federal Disability Retirement application should be approved at any given level because it has been properly prepared, it is always wise to look beyond the present, and prepare for future contingencies.

Sincerely,

Robert R. McGill, Esquire

 

CSRS & FERS Disability Retirement: Denial at the First Stage

I would like to state that none of my cases have ever been denied at the Initial Stage of filing for Federal Disability Retirement benefits; not only would such a statement be untrue; it would also be unbelievable.  And yes — even the cases that I file on behalf of my clients, get a similarly formatted denial:  a restatement of the criteria for eligibility for Federal Disability Retirement under FERS & CSRS; a discussion with an elaborate reference to doctor’s notes, dates of treatment, targeted extrapolations of statements by the doctors which are not only selectively chosen in a narrow manner to favor the decision of denial, but further, which are often taken out of context.  Some might wonder:  Doesn’t OPM have greater respect for Mr. McGill?  The answer is:  At the First Level, the representative from the Office of Personnel Management is merely making a decision on one of thousands of files, and a template is being used to process and get rid of cases.  However, one must always remember (as I try to remind everyone) that this is a “process”.  A denial at the First Stage of the process is merely part of the greater process.  It is not something to get annoyed at, or concerned about; it is a stage and a decision which must be dealt with, argued against, and rebutted in the proper, rational, legal manner. 

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Long, Longer & Longest View

I have often spoken of the need to take the “long-term” view in filing for Federal Disability Retirement benefits under FERS & CSRS — both in terms of having patience for the inherently long process in terms of time, as well as in terms of preparing a case for not just the First Stage of the process, but further, for the second Reconsideration Stage, as well as for an Appeal to the Merit Systems Protection Board.  This “long-term” view is meant to prepare a potential applicant for what it means to file for Federal Disability Retirement benefits; to not be overly concerned if you are denied at the first, or even the second stage of the process; and to be prepared financially to weather the “long haul”.  In short, it is meant to prepare the potential applicant for the long, and longer, view of filing for Federal Disability Retirement benefits. 

It is also necessary, however, to prepare one’s self for the “longest” view — that of maintaining and keeping safe the disability retirement benefits once it is approved — by preparing to be randomly selected every two years or so with a periodic “review” with a Medical Questionnaire.  The Medical Questionnaire is an innocuous looking form, asking for an “update”, and giving you 90 days to respond.  Be cautious.  Be aware.  Take it seriously.  Don’t wait for the 89th day to begin responding to it.  None of my clients who have gotten his or her Federal Disability Retirement benefits has ever lost it; people who have gotten Federal Disability Retirement benefits on their own and have later lost the benefit, have come to me to regain it; I have been successful in recovering the benefit, in every case.  However, it is not always easy — if only because the disability annuitant initially thought that it was an “easy-looking” form.  Preparation for the “longest view” begins not upon receipt of the Medical Questionnaire; it begins at the very, very beginning — when one first decides to file for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Proper Focus of the Attorney

Have you heard of the fable about the general who led a vast and unstoppable army, with multitudes of foot soldiers, artillery, supply lines, a vast ocean of destructive power — who stopped to console a woman who had lost her son to an illness?  He failed to lead his army, and as a consequence, his vast and seemingly indestructible army was devastated in a battle which should have been a lopsided victory for the general of whom we speak.  What is the point of that fable?  It is that we all have our duties and responsibilities, and while the moral compass of the general was certainly “not inappropriate” (note the double negative) — but the timing was inappropriate.  Why was the timing inappropriate?  Because the general had other more pressing duties and responsibilities to attend to. Thus, it is important in speaking about the proper role of individuals, to always point to both content, as well as context.  The general’s job was to lead his army; the fact that he had empathy for a woman who had lost her son, is commendable — but not in the context of needing to lead his men into battle. 

This is important to understand in the context of a client and his or her attorney; remember that the attorney’s role is to win the case; and while empathy for the client’s personal situation and, in the case of Federal Disability Retirements under FERS & CSRS, it is important for the attorney to understand the “human story” of the medical condition, the impact of such medical conditions, and how they prevent one from performing the essential elements of one’s job, remember that the primary focus of the Federal Disability Retirement attorney is, and always should be, upon applying the applicable law, and to win the case.  It is the Attorney’s job to keep the client’s focus upon those issues which will help him win the case.

Sincerely,

Robert R. McGill, Esquire