Postal and Federal Disability Retirement: The Beast of Burden

The burden is undertaken by those have little choice in the matter, but who willingly submit to the responsibility and obligation.  Traditionally, the “beast of burden” (other than being a Rolling Stone song) refers to a somewhat-domesticated animal, perhaps a donkey or an ox, who must bear the weight of man’s work.

In law, the “burden” is one of proof — of the affirmative obligation to present one’s facts, persuasive argumentation based upon such facts, and the application of the relevant law which supports both the facts and the arguments.  The “other side” in the litigation has no burden at all, and can simply sit and do nothing, if he or she so chooses, and see whether or not the plaintiff, the appellant or the Federal Disability Retirement applicant has submitted sufficient proof such that he or she has met his/her burden of proof.

As the weight placed upon a beast of burden is often heavy and demanding, so in a similar vein the litigant who has the burden of proof should always expect to exceed what is “necessary” in any given case.  For the Federal or Postal employee who is filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, it is indeed a heavy burden to bear in order to meet the legal criteria of a Federal bureaucracy who has the unmitigated power and authority to approve or deny.

The burden of proof — it is as heavy as that which we place upon a beast of burden, and the weight of such responsibility can overwhelm us, lest we have the reserve of strength to plod onward.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Confusion & Disarray

A state of confusion and disarray can work in either direction; either the confused state of affairs can lead to a successful outcome (resulting from the inability to make a logically correct decision, but where a favorable outcome may randomly occur); or the state of disarray can result in a detrimental consequence, also arising from the state of confusion.  The former is often random in scope; the latter is more predictable.

Reliance on the potentiality that it “may come out right” is normally not the best course of action to take.  As such, if one is confused about a subject, an issue, etc., it is often a wise step to take to consult with someone who can unravel the layers of obfuscation surrounding an issue or circumstance.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, a repetitive thread of frustration heard throughout the process — both in a procedural sense, as well as the underlying substantive approach to completion — is the confusion of the forms themselves, the information needed to prove one’s case, and the necessity of coordination in matters of bureaucratic steps.

The obstacle of confusion and disarray is not one which is merely felt by any unique individual; it is pervasive, and you are “not alone” in the matter.  The fact is, the entire administrative process of preparing, formulating and filing for Federal Disability Retirement benefits is indeed a confusing one, and one fraught with a state of disarray.

It is thus important to approach the entire process with a logical, sequential methodology, in order to find one’s way out of the darkness of a black hole.  The universe may well have all sorts of unexplainable phenomena and voids; the Federal process of filing for Federal Disability Retirement benefits may well be one of them.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: In Life, the Pragmatic Trumps the Theoretical

In administrative and other processes, as in life generally, there are issues which on a theoretical level would seem to work; but when tested in the “real world”, somehow the perfect paradigm suddenly disintegrates.  Thus, one may ascribe a series of seemingly logical propositions, each in their independent and isolated delineations apparently stand strong and without a flaw; but somehow, in their linear progression of dependence, one upon the previous one, the linkage itself may be the determining factor.

Thus the old adage:  An X is only as strong as the weakest link.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the Federal or Postal employee may lay out a plan of attack which, on its face, may appear sound and credible; but as experience in anything constitutes the crux of everything, so the first-time experience of thinking that one’s own case is a “slam-dunk” case because the “pain I feel” is so excruciating that there is no way that OPM could do otherwise than to approve my case, may be that weakest link.

Think again.  OPM deals with thousands of such cases; your particular case, as the unique case singularly known by you, is essentially a mere theoretical example of countless other such cases.  The pragmatic reality of the Federal bureaucracy is what one must ultimately face; again, as in life in general, the practical aspects of an engagement rules the day.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Early Decisions, Later Consequences

Decisions engaged in early on, reap later consequences which often reflect the choices made in those initial steps.  This is true both in life generally, and in particularized ventures, endeavors and vocations.

That is precisely why we tell our kids to study hard; that the key to success is preparation and practice; that, on performance day, the ease with which the presentation appears reflects the extent of the behind-the-scenes effort which went into the show.

Such admonitions apply to every project we undertake, and it is no less different when one is contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, for the Federal and Postal Worker.  The logical sequence of how a person puts together a Federal Disability Retirement application will be reflected both in the final submission, as well as in the results obtained.

Now, there may well be cases which are poorly compiled, yet approved without a glitch; just as there will be cases which are irrefutably argued, yet denied by the Federal Bureaucracy identified as OPM.

However, another adage which is also true, is that “the exception does not make the rule”.

What words are chosen; how the Statement of Disability on SF 3112A is formulated; what medical evidence is presented; which legal arguments are promulgated and highlighted; what collateral issues are preemptively brought up; collectively, they “matter”.

What we do today determines the course of tomorrow; what tomorrow brings, will reflect upon who we are today.

Sincerely,

Robert R. McGill, Esquire 
Federal Disability Retirement Lawyer

 

Federal Worker Disability Retirement: Societal Complexities

For over 50 years, we have been told that our lives will be simpler, more efficient, of greater ease, resulting from the technological advancement of society at large.

With each technological innovation, some aspect of the common man’s life was supposed to be unburdened, with greater leisure time and less stress.  But a fundamental principle of human nature was ignored throughout the incremental advancement towards such sophistication:  the innate hunger to create ever more, and the desire by those at the pinnacle of civilization to play the role of master of the universe.

In legal circles, we were all doomed once the fax machine was invented; for, with such a contraption, the 3-4 days it took to send out a first class letter confirming a conversation or following up on one, became instantaneous, and the war of the who-said-what and what was settled upon became an urgent necessity with the ability to send and receive immediately.

Contrary to the great promise of our times, technology and modernization has further complicated, stressed and compounded the problems of daily living.

For the Federal or Postal employee who is contemplating filing for Federal Disability Retirement benefits, whether under FERS or CSRS, the added complexity of winding one’s way through a maze of bureaucracy, of compiling an effective legal case for one’s Federal Disability Retirement application, is often “too much” because such an effort is in addition to the burden of dealing with one’s debilitating medical condition.

The key is to always streamline and simplify; but of course, that’s precisely what society has been purportedly doing all of these years, with each new gadget declaring the end of stress; and we are all the more stimulated by it.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: The Effective Approach

The sales pitch comes from every direction, all vocations, countless product lines and endless announcements of fanfare and ceremony:  the 3-step plan, the 5-point road to success, the 10-ways of X or Y:  it is meant to be a formulaic methodology of achieving a stated goal.

Formulaic approaches are perfectly reasonable; they provide an avenue which, through prior experience of trials and errors, the “seller” has formulated a method or product as the best means possible for achieving success in any given venture.  But the gimmickery of any formulaic approach can wear thin after a manner; and in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, ultimately the fanfare must be supported by three basic elements (see, even the undersigned writer engages in a 3-point plan):  The supporting medical documentation; The supporting statement of disability; The supporting disability law.  Of the three elements, it is the first (the supporting medical documentation) which is paramount and, to borrow (albeit in a non-technical, misused sense) Aristotle’s verbiage, the “first cause” or “First Mover” of a Federal Disability Retirement application.

Ultimately, substance over form must prevail, and will be most effective in a Federal Disability Retirement application; and the “substance” in this case is the medical condition itself — one which needs no fanfare, and certainly no 10-point plan for effective advocacy.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Where to Begin

The captain of a ship docked in a harbor knows three things:  Where the ship came from; where it is; where it will be going next. If any of the three are missing from the thought-processes of the one who intends to navigate the waters, the ship should remain where it is.  For, it is the orientation and coalescence of the past, the present, and the future course of action which should determine the efficacy of whether to act now, or delay for the future.

Unfortunately, in a Federal Disability Retirement case, whether under FERS or CSRS, because of the exigent circumstances which often surrounds the debilitating nature of a medical condition, the emergency situation of the present state of affairs will often dictate, without guidance, the future course of events.

The future cannot be thought of or contemplated with any sense of purpose, because the exigency of the “now” makes all else irrelevant.  But how we formulate the “now” may well determine the future course of events. As such, in preparing, formulating and filing for OPM Disability Retirement benefits from the U.S. Office of Personnel Management, it is important to approach the administrative process and procedure in a systematic, logical manner, if only to ensure the best chances of success at the First Stage of the process.

Culling together a disjointed disability retirement packet just to get it filed immediately (unless, of course, the Statute of Limitations is about to come upon one) is normally not a plan for a captain’s log for charting a ship’s future course; especially when one becomes aware of the stormy seas ahead.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Workers: The Continuing Life

Snow.  Events such as a major snowstorm tend to have a myopic effect upon individuals, towns, cities, etc.; for, as the focus is narrowly placed upon the event itself, the beauty of nature’s blanketing is lost upon the urgency of what is announced.

Language has such an effect.  One becomes more comfortable reading about an event, rather than experiencing it.  Thus, one may google about a natural occurrence in one’s own neighborhood, when all that should be needed is to open the back door and look outside.

A corollary effect occurs in a Federal Disability Retirement case.  The “event” of preparing, formulating and filing for Federal Disability Retirement benefits becomes the singular focus for the Federal Disability Retirement applicant, and this is understandable, because the necessity of securing one’s future often depends upon obtaining the foundational economic and financial benefit.  But other aspects of one’s continuing life must concurrently progress in a linear fashion. For, the problem with waiting upon another, is that the “other” rarely notices or even cares.

OPM’s shutdown because of the snow will have the reverberating impact of slowing things down for another day, which will echo down the line for hundreds, if now thousands.  The ones who are impacted will be the Federal and Postal employees who have a dire need to have their Federal Disability Retirement cases decided.

From the “other’s” perspective, however, this is a snow-day.  Driveways to be cleared; kids to be attended to.  The continuing life.  If only that were so for everyone, including the Federal or Postal Worker who is awaiting a decision.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: The Burden

Ultimately, a Federal Disability Retirement application is a paper-presentation to the U.S. Office of Personnel Management.  Yes, yes, we are entering into a “paperless” technological society, and that is fine; but by “paper presentation” is meant in a generic sense, that the proof necessary to obtain eligibility and entitlement to a Federal Disability Retirement benefit, must be presented in a format which is readable, comprehensible, and coherent — whether on a computer screen or in paper format.

The burden of providing such proof is upon the “applicant” — the Federal or Postal employee who is attempting to obtain Federal Disability Retirement benefits.  That “burden” is both a legal one, as well as a regulatory one.  There are different levels or requirements of what constitutes proof, depending upon the requirements of what must be proven.

In a general sense, one can assert that all that is necessary in a Federal Disability Retirement case is to gather together one’s medical records, wrap them in a secure bundle, and forward them to the U.S. Office of Personnel Management.  Will such an approach “prove” one’s Federal Disability Retirement application?  It might — depending upon the seriousness of one’s medical condition, and whether the Disability Retirement Specialist assigned to such a case will take the time to infer and imply.  But to make an inference, or to expect an implication to be discerned, takes an unnecessary chance at misunderstanding, failure, and the unwanted “denial”.

Instead, the better approach is to explicitly explicate.  Always remember that in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, there is a difference between suffering from a medical condition, and proving that the medical condition prevents one from performing one or more of the essential elements of one’s job.  It is the latter which is necessary to be approved for a Federal Disability Retirement benefit.  As to the former — while an unfortunate circumstance — it is not enough to suffer to prove one’s case.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: The Entirety of the Process

There is a common understanding, based upon comments and statements made by people over several years, that when an individual files for Social Security Disability benefits, most such cases are denied at the initial stage.  It is almost understood as an “automatic” denial at the first stage of the process. 

Whether this is true or not or, more importantly, whether or not there are some who get it approved at the initial application stage and therefore betray the truth of such a belief, is besides the point.  What is important is the perception that it is so, and therefore, the approach which individuals take in filing for Social Security Disability benefits is altered and adapted accordingly. 

Similarly, in preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS, whether or not most cases get approved at the Initial Stage of the Process, or at the Second, Reconsideration Stage of the process, is ultimately besides the point.  It is important to understand and approach the entirety of the administrative process with a proper frame of mind:  a denial at the Initial Stage of the process of filing for Federal Disability Retirement benefits under FERS or CSRS is not the end of the process; rather, it is just the beginning. 

By approaching the entirety of the process with a correct frame of mind — and reference — one can maintain one’s sanity while waiting for the conclusion of the long and arduous process to unfold.

Sincerely,

Robert R. McGill, Esquire