Responding to an OPM Disability Denial: The Mixed Case

Of course, it can be readily argued that every case is a “mixed” one — meaning thereby that the disability case itself cannot ever be merely based upon interpreting the facts presented (or, in the case specifically of a Federal or Postal Disability Retirement claim, interpreting the medical documentation), but necessarily includes case law and statutory criteria beyond the facts of the case.

That being so, it is all the more relevant to recognize that in a Federal Employee Disability Retirement case, mere recitation of the medical documentation does not resolve any differences of analysis.  OPM systematically either fails to recognize the applicable laws in denying the Federal or Postal employee’s application for Federal Disability Retirement, or acts as if they are an autocratic bureaucracy unrestricted and uninhibited by any statutory or judicial mandate of the governing laws.

The fact is that every Federal or Postal Disability Retirement case is a mixed case where the precedents of prior similar cases have rendered legal decisions impacting upon specific issues inherent in every disability retirement application, and the core disputes which arise rarely focus upon the medical documentation, but more often upon the legal interpretation arising from the application of the relevant laws upon the medical documentation.

That is why the U.S. Office of Personnel Management (OPM) is so often wrong in their initial determination in denying a Federal Disability Retirement application — because the “medical specialists” at OPM are not lawyers and therefore are not conversant in the relevance and impact of the ever-growing body of laws governing Federal Disability Retirement.

That being said, in responding to a denial of a Federal or Postal Disability Retirement claim by the U.S. Office of Personnel Management, it is important to always respond with the force of the law and to continually remind OPM that their failure to approve your case is not merely a difference of analytical opinion, but is a clear and blatant violation of the applicable laws governing the issues concerning your Federal Disability Retirement application.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

FERS Disability Attorney Legal Assistance: The Intended Goal

Every now and again, we see a video clip of the goal NOT intended — of a running back turned around and making for the wrong end zone; of a basketball player stick his or her leg out to block a pass, only to have the deflection make an arc and swish into the wrong basket; and other similar deviations from the intended goal.

Later in life, people forget to evaluate and analyze first what the intended goal is, before hazarding a lengthy trek towards the conclusion — i.e., years later, do we look at it and say to ourselves, “I should have…”.

OWCP under the Federal Department of Labor is one such animal where the intended goal is often overlooked.  OWCP is not a retirement system; instead, it is a benefit meant to return the Federal or Postal worker back to work.  FERS OPM Medical Retirement, on the other hand, is a system where one’s medical condition will allow the Federal or Postal worker to become eligible for early Federal or Postal Disability Retirement.

You can actually obtain an approval for FERS Disability Retirement while receiving OWCP benefits; you just can’t receive TTD and a FERS annuity concurrently, but you can have the FERS Disability Retirement approved but inactive.

The process for both is rather complicated, but if the intended goal is to retire early because you will never be able to go back to your former Federal or Postal job, you may want to consider filing for Federal Disability Retirement benefits under FERS.

Yes, yes, OWCP pays more — for the present — but FERS Disability Retirement continues to build your retirement system by counting the years you remain on Federal Disability Retirement until age 62.

Contact a Federal Disability Attorney who specializes in OPM Disability Retirement, and begin to process of evaluating and analyzing the intended goal.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

FERS Disability Retirement Representation: Guidance by Expertise

You can tell when it is “not” the case; the mishmash, the inconsistencies; the errors of content and significance; and it is precisely when guidance is lacking which the glaring inadequacies show, and can be taken advantage of by the other side.

When a play is performed on stage and the focus is upon the story itself — where criticism is targeted more on whether this actor or actress was better in her role here than in another play, or whether a certain scene accurately portrayed the story, etc. — and not upon the poor lighting, or the sound quality, then it becomes clear that the production itself was through the guidance of expertise.

When things go as they are supposed to, embracing the old adage of “smooth sailing”, it is likely that there was guidance by expertise.

For Federal employees and U.S. Postal workers who are considering preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management under FERS, guidance by expertise means that there is a coordination of the facts, the evidence and the law.

It doesn’t mean that every case will be approved; however, the chances of an approval will be greatly enhanced precisely because guidance by expertise is performed by a master of the production.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

Federal Employee Disability Retirement: Seeking Stability

It is what gives us hope and a sense of self-confidence: Stability.  How we seek it out; what is needed to maintain it; what satisfies the criteria for each individual; these are the questions that compel each of us in seeking stability.  Stability may differ for each individual.  For some, it may be satisfied by the certainty of a career.  For others, the requirements may involve family, friends and other relationships — that “internal” sense of stability that allows for greater chaos within the external world.

For Federal employees and U.S. Postal workers who suffer from a medical condition and where that medical condition prevents one from performing the essential elements of one’s Federal or Postal job, seeking stability within the context of an unstable work environment becomes of paramount importance.

Consult with an attorney who specializes in Federal Disability Retirement Law, and stabilize the uncertainties that surround your career which has been impeded and made difficult from a medical condition which is beyond your control.  For, that which is beyond your control is the very foundation of instability, and obtaining a Federal Disability Retirement annuity may be the road’s end in seeking stability.

Sincerely,

Robert R. McGill
FERS Disability Attorney

 

Medical Retirement for Federal Employees: The World in Upheaval

These are chaotic times; all around us, the things we relied upon, the places we visited regularly, the people we gathered with — crumbling, coming apart, corona virus.  Sometimes, it seems too much to bear.  How will this all end?

The uncertainties of life, the inability to fathom a future of promise; hope once dashed is the one fate we all dread.  Has there ever been a precedent of a similar sort?  Is there a model that we can point to where we can have a paradigm for comfort?  Perhaps in one’s personal life?

Chaos and upheaval in the world around us may seem like the world is falling apart; yet, for many, the experience of the world in upheaval is akin to the Federal or Postal worker suffering from a medical condition where the medical condition impacts one’s ability and capacity to perform the essential elements of one’s Federal or Postal job.  The microcosm of life now reflects upon the macro-reality of the greater world.

Federal Disability Retirement is still an option to consider for the Federal or Postal worker whose world has been in an upheaval — not necessarily from the corona virus, but from a medical condition that has disrupted the career of a Federal or Postal worker.

Consult with a Federal Disability Attorney who specializes in Federal Disability Retirement Law and begin the process of preparing, formulating and filing for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire
Federal Disability Retirement Lawyer

 

Federal Government Employee Disability Retirement: Going Back

The salmon spawning, rabbits returning; other animals come back to the place of birth, the area most familiar, the site of birth’s imprint and early remembrance.  Going back is ingrained; it is done without thought, without reservation, and often without regard to consequences.  The job that we know; the house that we built; the friends we always knew; these bring about a sense of regularity, rhythm, comfort and a returning sense of restfulness; and so going back is as natural as sleeping.

What we don’t take into consideration is that, while we were gone, things may have changed.  This is the anomaly of life: For, we are geared towards expectations of sameness and similarity; that when we leave a room, it will remain the same when we return; when we see a friend again, we expect that he or she hasn’t changed; and when silence prevails, identity never ceases or alters.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, going back can be a traumatic endeavor.  The essential elements of the position may have remained the same; the people at the Federal Agency or the Postal Facility may still be there; the work requirements are unchanged; but you have changed.  Your medical condition has forced the change.

Going back may not any longer be possible.

In that case, consult with an attorney who specializes in FERS Disability Retirement Law, lest going back results in consequences unthought, like a new pattern of harassment and a move to terminate you.

Sincerely,

Robert R. McGill
OPM Disability Lawyer

 

Lawyer for Federal Disability Retirement Claims: Games

How do we learn how to play them?  If we play Game-X, must we follow “all” of the rules ordinarily known and ascribed in order for Game-X to still be recognizable as such, or does it become “Modified Game-X”.

If little Toby plays his first game, but doesn’t know the rules, yet nevertheless realizes that games are “fun” because everyone else is smiling and seemingly excited, does the fact that the kid-who-knows-no-rules plays without knowing the limits and boundaries of the game make him into a participant, or a pariah?  Of course, if he stamps his feet in the middle of the game and declares that he doesn’t like the game, and walks off (even taking with him the proverbial ball), can we declare him to be a poor sport, an okay-sport, or any sport at all if he never knew the rules of the game in the first place and therefore never quite played the “real” game?

How about dogs — do they “play” games?  The dog that chases the ball but doesn’t want to bring it back to the ball-thrower, and instead runs away with it — has he broken the “rules of the game”?  How is it that dogs play games with their masters without ever being able to explain what the parameters of the rules are?

Then, of course, there is the slight modification in the term “games”, as in “games that people play”.  We all know what that means — of being insincere, fake, or otherwise putting on a double-face.  Why is that called a “game”?  Is it because it is not real, and constitutes a copy of “make-believe”, much like playing a game when we all know that it is not reality that is being rehearsed; and yet, isn’t playing a game — any game — just a part of the reality of the world we live in?  Why, then, is life bifurcated between “games” and “reality”, when in fact both are real in the sense that we are living a life of surviving, making a living, etc.?  Yet, we constantly distinguish between “playing” and “living”, as if there is a difference to be identified.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal or Postal worker from any longer performing all of the essential elements of the Federal or Postal worker’s job, career or craft, the preparations needed to come to a point of realizing that an effective Federal Disability Retirement application must be filed, often requires a recognition that the proverbial “game” is “up”.

Whether the Supervisors and Managers at the Federal Agency or the Postal Facility are up to their usual “games” or not — of harassment, derisive comments, making your life “hell” by increasing the levels of pressure or stress, is really besides the point.  What matters is that life itself is not a “game” at all, and those who separate games from the daily living activities don’t really “get it”.

Medical conditions bring to the forefront the reality of living, and the harshness of how people treat other people.  Yes, preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may seem like just one of those other “games” that have to be “played” — but the reality is that an effective OPM Disability Retirement application is a necessary part of life’s many facets of games and reality-based endeavors, such that the “rules of the game” always need to be consulted in order to “play” it well, and thus the first step is to learn the rules by consulting with an attorney who can advise on the rules themselves.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability: The constant struggle

It does appear never-ending, doesn’t it?  And what of that dream – of some windfall, or perhaps the lottery pick of numbers that somehow keeps people coming back to the corner Mart and purchasing tickets despite the astronomical chances that defy the odds of probability?  Why is it that people are more apt to believe in conspiracy theories that the moon landing or aliens from Mars have been concocted and coopted by some nefarious government, but no one believes that those “winners” of multi-million dollar lotteries have been a “set-up” to keep people enticed into buying more and more worthless tickets?

Is it because life is a constant struggle, and so long as there is some fantasy to believe in, some pie-in-the-sky probability to reach for and dream about, the misery of today’s misfortune can be borne with aplomb “so long as” … so long as there is some hope for tomorrow?  And even if the lottery were to be won, by some unforeseen whim of a chance begotten, would life no longer be that constant struggle, and does financial freedom guarantee happiness, joy, freedom from the struggle and liberty from the daily fetters of life?  Why is it that we believe that winning a treasury trove of sudden infusion of financial depth will suddenly resolve all ills of life?

And then, of course, there is the medical condition.

What most people would not trade for good health – and, for some, even a day’s worth, an hour’s splice of that day, or even a few minutes free from the pain, the anxiety, the worry of ill-health?  It is one of those statements of proverbial “throwaways” that we all pay lip-service to, isn’t it?  That one that goes something like: “Oh, I would trade in all of my wealth, status and everything I own to get my health back.”

We hear other people say it, and nod with quiet agreement, but somehow, we don’t quite believe it – until our own health begins to deteriorate.

The key to wisdom in life’s journey is to come to a point of recognition that the constant struggle never ends; and by such recognition, to savor the moments of beauty and those “little joys” of life.  Yes, yes, that is the basis of another “conspiracy” or sorts – of the wealthy and powerful to make the “little people” believe in such joys as flowers, children and puppy dogs, while they go out and sun themselves on the extravagant yachts of life.

For Federal employees and U.S. Postal workers whose health has been deteriorating, who recognize that one’s career is more than just the constant struggle of daily living, it may be time to consider filing a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Yes, you cannot any longer do all of the essential elements of your job; yes, life is a constant struggle, and your medical condition makes it all the more so; no, you are not going to win the lottery; and finally, even if you did, it won’t make the pain or depression go away, and winning the lottery, in the end, won’t make the constant struggle disappear, and probably won’t even make it any more bearable; and thus the need to prepare, formulate and file an effective Federal or Postal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The out-of-tune band

There is something particularly annoying about a piece of music, an orchestral ensemble or a simple song that is out of synchronized perfection, or put quite simply, out of tune.

The annoyance can be traced, of course, to the origin of the discordant piece; the “band” itself, the group of musicians or the orchestra or symphony that is responsible for the unpleasant sound waves that drift through the molecular structure of the unseen world and pervades down into the refractive caverns of one’s ears, then interprets through neurons firing in order to “hear” the vibrations that are supposedly in consonance with one another such that it becomes a coherent song, piece or musical collection.

The out-of-tune band is indeed an annoyance, and we believe should be outlawed and made illegal.  Short of that, what is it about a discordant collection of individual instruments that makes it unpleasant?

Taken individually, perhaps each player of a particular instrument can play it with utmost perfection; yet, when two or more players come together, it makes for an exponentially complicated attempt at coalescence, harmonious combination and synchronized heavenliness.

Getting married – of two different people coming together and making a lifetime commitment without killing one another – is difficult enough; getting a band together and coordinating disparate sounds and vibrations and, through practice, creating music that approaches a pleasantness of sounds – now, that is what you call nigh impossible, and somewhat like marriage in the sounds of silence (sorry, but somehow one must always try and include Simon and Garfunkel’s classic; and, of course, we must ask the eternal question: What ever happened to Art Garfunkel?) that we all strive to achieve by perfection of heavenly voices.

A Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is somewhat like trying to put a band together, as well.  Coordinating all of the elements – the Statement of Disability; the medical evidence, making the legal arguments; delineating the entirety of the Federal Disability Retirement packet into a coherent whole such that it does not “sound” discordant, which then hints at a trough of suspicion or insincerity, which then further leads back to an “annoyance” at the originator of the Federal Disability Retirement packet, and a likely denial from the U.S. Office of Personnel Management – is an important step towards an uncertain outcome.

Like the out-of-tune band, the success of a Federal Disability Retirement application cannot be just “putting together” a few documents here and there and haphazardly writing one’s Statement of Disability; no, it must be put together so that there is coherence, coordination and coalescence in bringing together all of the evidence for such an endeavor to be deemed “a fine tune”.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The centrality of fringe

In whatever definition one wants to adopt, the meaning is clear:  It is that which is on the outer periphery, and not central to the essence recognized.  But what if the reversal occurs?  Can that even be imagined?  Can the fringe constitute a substantive centrality, and yet retain the stability of its essence?  And, once the mirror conversion occurs, does the identification remain as it was, or do we accept the fringe elements as the convention, and the formerly known staid components as outside the normative foundations of an acceptable core?   Can that which was once considered unacceptable, metamorphose over a sufficiently quantitative linear heritage to the extent that the bizarre can become the best and brightest?

In Darwinian evolutionary hypotheses, the concept of a sudden mutation occurring as a result of environmental pressures forcing an alteration for the benefit of the organism’s survival, is often rejected because, as a general rule, nature does not favor large-scale transformations, unless there is a concurrent catastrophic need arising with little time for adaptation.  Yes, in cultural transformations, where artifice of choosing may occur by the quiet assent of a silent majority, the fringe elements may dominate by sheer vocal exuberance in drowning out any meek protest by will of volume.

Most people want quiet lives uninterrupted by forced decay of choosing; the sheep follow in drones of silent consent, if only because each can see only the limited perspective of the backside inches before, and stoppage of movement would mean being accosted in the rear by another follower of mindless assent, where discomfort is the greater evil in comparison to refusing to take another step.

At what point does an insignificant minority take upon an appearance of greater dominance, where the cacophony of shrill voices exceeds the disproportionate echo of seamless quietude, and we simply give in because the comfort zone of silence is shattered by the discomfort of resistance?  Those threads which flow freely – the ones which give an added “touch” to a piece of clothing, the Persian rug or the shawl which warms; what distinguishes that from a frayed mind, a singed material where residue of ashen leftovers appear as dangling limbs from a cauldron of confusion?

At some point, each of us becomes mere fringe elements, despite our best attempts at remaining relevant.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition has cast the Federal or Postal employee into that pot of “otherness” because of an inability to perform one or more of the essential elements of the Federal or Postal job – it is time to do something about having been re-categorized as a “fringe” element.  Preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal employee is under FERS, CSRS or CSRS Offset, may be the only way in which to cross back over into the essence of what it means to be central to the essence of life’s hope, and not allow others to castigate us into being the centrality of fringe, when that is not where you belong in the first place.

Sincerely,

Robert R. McGill, Esquire