OPM Disability Retirement under FERS: The Power-Mixer Approach

You’ve seen those ads for the Power-Mixer — those super lightning-speed mixers which can make a slurpee out of anything.  Arguments are often like that — of an admixture of law, woven with partial facts, sprinkled with authoritative declaratives, and voila!

One has a Denial from the U.S. Office of Personnel Management.  It looks powerful; it sounds ominous; it even quotes from your own medical records and reports (albeit, often out of context and without legal relevance).  It will even declare: “You have been denied by the Social Security Administration.”  One shivers, cowers and trembles with fright at the powerful Power-Mixer Approach.

Don’t buy it.  Don’t cower.  Don’t be intimidated.  Such an approach is meant to frighten, as all Power-Mixer approaches are formulated for that very purpose.

Instead, contact a Federal Disability Attorney who specializes in Federal Disability Retirement Law and begin to counter and rebut the Power-Mixer approach by getting fresh new ingredients for a systematic and more powerful legal argumentation of efficacy and legal relevance.

Sincerely,

Robert R. McGill, Lawyer

 

FERS Disability Retirement Help: OPM’s Medical Specialists

OPM — the U.S. Office of Personnel Management — has “Medical Specialists” from the “Boyers Division” to review, evaluate, assess and ultimately make decisions upon each Federal Disability Retirement application submitted by Federal and Postal employees under FERS.

Now, there is no doubt that they possess unique medical knowledge — to whatever degree that they hold, from whatever perspective they come from, and the context of their applying such knowledge and background, etc.  But they are not lawyers.

Doctors and nurses have a specific perspective in viewing the world, just as lawyers and engineers, also, have a unique perspective. Their background and expertise is like a colored lens through which the world is seen.

Federal Disability Retirement is not just about a medical condition; it is, instead, the nexus between the medical condition and one’s ability/inability to perform one or more of the essential elements of one’s Federal or Postal job, within the context of a continuously-growing body of law.  That is why OPM’s Medical Specialists are often wrong in their conclusions in making a determination on a Federal Disability Retirement application.

If you need to file for Federal Disability Retirement benefits, or have been denied such benefits from OPM, contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law; for, in the end, it is not up to OPM’s Medical Specialists to make the final conclusion on a Federal Disability Retirement application — rather, it is The Law.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Point-by-Point Refutation

Must every point made by the U.S. Office of Personnel Management be refuted point-by-point”?

Some points, of course, are rather irrelevant and harmless; others, perhaps disingenuous, at best, and poorly argued, at worst.  Still others are blatantly untrue (i.e., an euphemism for “a lie”), while the remaining are often taken out of context or singularly and deliberately isolated without considering the context of the actual meaning of the statement made.  Not every point needs a refutation.

Furthermore, what is the basis of the refutation? Is it merely your word, your opinion, etc., as opposed to the reviewing “medical specialist” at OPM — or, do you have refuting facts backed by the law in rebutting the untrue or “out-of-context” statement or allegation?

The point is, not every point needs to be refuted, but in making such an important determination, it is a good idea to consult with an experienced attorney who specializes in Federal Disability Retirement Law, lest the pointless point made by OPM becomes a greater point of contention that needs to be pointed out now in order to become beside the point later on in point of fact.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Stress and the Harassment Factor

Stress is a reality which has become a normal aspect of everyday living.  The more stress we feel, the greater interpretation of outside actions as harassment; and thus does the vicious cycle begin.  Life is stressful enough.  When another ingredient is added — like a medical condition that weakens one’s body and mind — the tolerance for stress becomes reduced and the capacity to keep things in its proper perspective becomes impossible to manage.  Stress always seems to come in bunches, doesn’t it?

When you are dealing with a medical condition, everything and everyone you interact with becomes a stressful encounter.  For Federal employees and U.S. Postal Service workers who suffer from a medical condition such that the medical condition prevents you from performing one or more of the essential elements of your job, the stress of dealing with the medical condition itself is more than enough.

Add to it, your agency or the postal facility will inevitably begin to pressure you to return to work, to file this or that request, to follow their “procedures”, etc.  Whether such actions are objectively considered “harassment” or not is beside the point; you, as the Federal or Postal employee, are dealing with enough factors without having to deal with the harassment factor.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law, and begin the process of reducing your stress levels by initiating a Federal Disability Retirement application with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: The Perfect Case

If planning leads to perfection, does it necessarily follow that lack of planning renders its opposite?

There are rarely perfect cases in a Federal Disability Retirement application.  Most people do not go to their doctors with the predetermined view of filing for Federal Disability Retirement benefits, and most doctors (other than those specializing in providing disability assessments, evaluations, etc.) are there to treat their patients in hopes of ameliorating the underlying medical condition.

If “planning” is what makes for perfection, then lack of planning — in other words, just “living life” — makes for the imperfect case, and that is where the U.S. Office of Personnel Management pounces upon and attempts to characterize such imperfections as a valid basis for denying a Federal Disability Retirement application.

Thus, it is important for a Federal employee or U.S. Postal worker to consult with a Federal Disability Retirement Lawyer once you begin thinking about the future need to file for Federal Disability Retirement benefits.  For, while there may never be a “perfect case”, some amount of thoughtful planning prior to submitting an OPM Disability Retirement application is necessary in order to get as close to perfection as possible.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Benefits: Descending Into

Whether into the arena of the devil’s playground or into insanity, the metaphor always seems to include a descent, and not its opposite, an ascent.  Why heaven is above and hell is below has been lost for its context and underlying meaning; the perspective of “up” as opposed to “down” must somehow be relevant, but science has certainly diminished the metaphorical significance by debunking any notions about time and place.

We now know that the sun does not “rise” and “set” in the rotational movement of the earth; that from the perspective of deep space, there is no “up” or “down”, and that our place within the universe is but a small, insignificant pinhole within the context of a greater universe.  But the human story, regardless of the cold perspective provided by science of an “objective” world, is that we descend into madness, descend into hell, and descend into chaos.

Language is a peculiar animal in this way; it uses its ordinary sense within a culturally relevant context, but when that context disappears or is no longer “alive”, the old manners of usage become an anomaly of puzzles.  Yet, even with its loss of cultural significance, “descending into” somehow maintains its appropriateness when it comes to mishaps, tragedies and difficulties.

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 position, descending into greater chaos and difficulties may be mitigated by preparing and filing an application for disability retirement.

Consult with an attorney who specializes in Federal Disability Retirement Law, and begin the process of ascending towards another life beyond the Federal or Postal sector, thus preventing descending into a state of turmoil and possible termination.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from the OPM: Coils of Hardship

That is often how it feels; of the coils, whether of a spring, of wires, or copper, or even of a rattlesnake that coils; it is the bundling up, the tightening, of energy or anxiousness curling upon itself until the release becomes inevitable.  Hardships and difficult times feel like that; like coils that keep circling upon itself until — like a spring that is compressed together and suddenly let go, the energy released is of an unfathomable force that cannot be mitigated.

Life is difficult and challenging as it is, without the outer world concomitantly crumbling around us.  Whether of financial difficulties, of career problems, of medical conditions that intervene and interrupt — the coils of hardship come upon us without warning or predictability.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition impacts one’s ability and capacity to perform the essential elements of one’s Federal or Postal job, the coils of hardships tend to wrap around tighter and tighter: From dealing with the medical condition itself, then with the unreasonable demands of the Federal Agency or the Postal Service; to the profound fatigue felt by the end of each week because of the conflict between the medical condition and the demands of the job, etc.

It may be time to consider filing for Federal Disability Retirement benefits under FERS.

Consult with an OPM Attorney who specializes in Federal Disability Retirement Law and consider the options available.  It may unfurl the coils of hardship and allow for the release of energies otherwise needing to be relieved.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The Flower and the Bee

From an objective viewpoint, they represent a disparate set of entities.  On the face of it, they have nothing in common.  Yet, it is the symbiotic relationship that allows for pollination and propagation, and the nexus between the two is a necessary relationship between the two in order for new seeds to be generated, and for a thriving environment to continue to flourish.

How that “connection” between two dissimilar entities is developed, is a natural order originating from unseen forces; but how we have come to recognize the nexus is through observation, experience and logical analysis.  Much of what we do, see and pass by are similarly connected, but of which we fail to recognize the intersections.

Filing for Federal Disability Retirement benefits through OPM is often like that — of being denied simply because we fail to see the logical connections.  We believe, for example, that submitting old medical records that date far back would show how long we have suffered, but fail to see the connection that it might also reveal the converse: That, despite the medical condition, we were able to successfully perform our jobs.

Consult with an OPM Disability Attorney who specializes in FERS Medical Retirement Law and recognize the nexus that must be developed; and like the flower and the bee, begin to develop the connections necessary in order to pollinate a successful Federal Disability Retirement filing.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Disability Retirement: The Problem of Resignation

Resignation” in a non-technical sense is the belief or feeling of withdrawal, whether from a position, a job, society in general, or of any chosen lifestyle.  One can have a feeling of resignation; or, there can be a formal resignation given — as in a cabinet minister who offers a letter of resignation to the prime minister or the president.  Or, in literature, it can apply to a person, as in: “He had a look of resignation, with a gaunt face and a sense that he no longer belonged in this world.”

It is often characterized by a state of desperation, where all avenues have been closed off, the alternatives have been exhausted, and there are no choices left but to resign.

Often, Federal employees and U.S. Postal workers “feel” that way, and then resign out of this sense of desperation.  A self-contained universe based purely upon one’s own thinking can result in a myopic, distorted view of one’s circumstances and situation, and it is often a good idea to seek outside counsel before making a rash decision.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that this condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, isolation is often what leads to desperation, then to resignation.  There are unique obstacles which present themselves in a Federal Disability Retirement case resulting from a premature resignation from Federal employment.

The problem of resignation is not limited to a feeling of desperation; it has practical consequences in the field of Federal Disability Retirement Law, and therefore you should consult with an attorney who specializes in FERS Disability Retirement Law before desperation results in greater obstacles beyond the resignation itself.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: The Difficult Road Ahead

It is not different for much of life; it is always a “difficult road ahead”.  Whether viewed in a poetic pentameter or in long, Faulkner-like narratives, the troubles, traumas, upheavals and disappointments felt, experienced and injured by most, is simply the cost of living an ordinary life.  There may well be lives out there which are untouched by troubles or tragedies; but as every family has a closet full of skeletons, so the “perfect family” as portrayed on social media is likely a mere facade concealing secrets of unstated hurts.

If given an opportunity, what 3 wishes would be asked for to blunt the difficult road ahead?  Wealth?  Yet, having unlimited financial resources will not necessarily make you “happy”.  Fame?  Will adulation and recognition bring about lasting contentment?  How about good health?  Yes, but if everyone around you is susceptible to the scars of illness, what good would it be if you are the only one left and all of your loved ones become debilitated?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent you from performing one or more of the essential elements of your job, the difficult road ahead is not merely the deterioration of your health, but the long process of trying to become approved by OPM for a Federal Disability Retirement application.  Perhaps neither wealth nor fame were ever a goal for you; perhaps good health was always hoped for; but in the end, the loss of our health makes the other two rather insignificant, and the difficult road ahead magnifies even more the value of good health.

Consult with a FERS Attorney who specializes in Federal Disability Retirement Law and consider that the difficult road ahead may require someone who not only knows what direction to take, but which road will lead you back to fulfilling the wishes of your dreams.

Sincerely,

Robert R. McGill, Esquire