FERS Medical Retirement: Response to the Shotgun Denial

When the U.S. Office of Personnel Management issues its Initial Denial of a Federal/Postal Disability Retirement application, the usual methodology of argumentation they employ is likened to a shotgun blast — with very little aim or focus.

It is a frustrating narrative to read, and all the more so because they have had an unlimited amount of time to formulate and write the denial, whereas the denied applicant is provided a very short response time.  The Denial Letter can appear extensive in scope, and the initial reaction is to try and rebut each and every line of the denial letter — which is the wrong approach to take.

The “right” and most effective responsive approach to take when responding to an OPM Denial of the Initial application is to categorize the various issues into a manageable number of subcategories, and then to respond to each in a systematic manner, and as to each, to cite a supportive case law that favors your argument.

Remember always that OPM’s purpose in denying your case is two-fold — either in hopes that you will not respond in a timely manner or not at all (thereby obviating the need to do anything further because you will have lost your administrative right to proceed any further in the process); or, that the process will appear so complex that you will fail to respond adequately to the multiple points of the denial letter.

Do not get caught up in the “fairness” issues — for, the entire bureaucratic process is unfairly weighted in favor of OPM at every turn, and to become embroiled in arguing against the unfairness will only lead to endless frustration and get you nowhere.

Instead, contact an OPM Disability Attorney who is familiar with FERS Disability Retirement Law, and begin to prepare and formulate an effective response to OPM’s Shotgun Denial of your Federal Disability Application under FERS.

Sincerely,

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

 

OPM Disability Retirement Law: The Retrospective

There is a proportional increase as one experiences a greater linear accumulation; some would call it a heavier luggage to carry; others, of a more cynical nature, would term it as mere “baggage”.

The retrospective is engagement of looking back — of recounting memories or dealing with nightmares.  Human beings live in a state of constant turmoil based upon the past, the present and the future.  To be stuck in the past prevents the needed attendance to daily living; to disregard the past and merely live for “the moment”, is to repeat history’s mistakes and foibles; and to only live by greater angst for the future steals from experiencing the joy of today.

The retrospective is always a part of each of us; as we grow older, we tend to relate to things which have impacted us from the past; and so, to that extent, the retrospective is a necessary and natural, material part of our lives.  The key, however, is to resist the temptation of allowing the retrospective to dominate our lives as we grow older.

There is a natural inclination — a deliciousness, if you will — in letting the retrospective rule; for, whether of a trauma or of joyful memories, the retrospective as something which has already passed, is passive by definition and can no longer actively harm us.  Furthermore, it is important to have an objective, true view of the past, and not allow our imagination to warp or otherwise overstate the experiences of the past.

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 current job, it is important to provide a concise retrospective of one’s medical condition, but more importantly, to delineate the current impact.

As always, a balance must be achieved — of how the past is relevant; how the present is impacted; and in a Federal Disability Retirement application under FERS through the U.S. Office of Personnel Management — how the medical condition will last a minimum of 12 months.

Thus, as with most concerns of life, the retrospective must be put in its proper perspective and context — of how far back; of how much; of what relevance; and it is in this balance of life that the retrospective can be invaluable in its present significance.

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.

 

OPM Medical Attorney Representation for FERS Employees: Paring the Puff

There are various styles of writing and genres to describe the variegated approaches — of the literary; of technical writing; poetry; didacticism; stream-of-consciousness (think Joyce and Faulkner); of short and succinct sentences (Hemingway) in contrast to long and flowery lines where beauty of the form is more important than the content of meaning (many modern writers); and then, there is the master of the perfect sentence in each story and many of his novels (William Trevor).

Puff is a problem in modernity, and the meandering sentence is too often taken for lack of substance.  In every writing form, keeping the intended audience in view is an important component in the choosing of style and substance.  Should logical argumentation be used in a fictional work?

Must non-fiction necessarily invoke a dry and uninteresting style of narrative (read the biography written on Hemingway by Carlos Baker, or any of the recent historical works by Peter Cozzens and you will find that history need not be dry and boring).

For Federal employees and U.S. Postal workers who are intending upon filing for Federal Disability Retirement benefits under FERS, a “Statement of the Applicant’s Disability” (SF 3112A) must be well-prepared, thoughtfully formulated and exactingly edited.  It need not be a Hemingway masterpiece or a meticulously-formed Trevor short story, but paring the puff should certainly be considered.  How does one pare the puff?

By knowing the law and keeping in sharp focus each sentence’s declarative value in applying the law.  Contact a Federal lawyer who specializes in Federal Disability Retirement Law, and begin paring the puff that will only detract and distract from the intended audience:  The U.S. Office of Personnel Management.

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.

 

OPM Disability Retirement Law: The Compelling Reason

We have come to interpret such a concept as one which must rise above the mundane.  A “reason”, in isolation, is simply not enough; instead, it must be “compelling” — that break between a pause and a human action.

People act or remain dull and passive for all sorts of reasons, whether silly, valid, inappropriate or otherwise uninspiring; but when the words which form a basis for sudden action, where even the dullard is spurred into a frenzy of intensity otherwise resembling a sleeping dog on a rainy afternoon where even rabbits ignore its presence — then we know that the “reason” was indeed “compelling”.

Most words and concepts merely lead to other words and concepts; sometimes, they are related; at other times, whether by accident or by deliberation, a logical and causal connection may be recognized between conceptual spheres.  But it is the rare animal when an action results from a word — otherwise known as a reason.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition or injury prompts a call to a lawyer who is an OPM Federal Disability Retirement Lawyer, the “reason” which is “compelling” is quite obvious: The medical condition has come to a critical juncture such that the Federal or Postal worker is concerned enough to know that it has begun to impact the Federal or Postal employee’s ability and capacity to perform the essential elements of one’s Federal or Postal job.

That is a good thing — to act upon the compelling reason and not let inertia become the prefatory basis of a reason otherwise unstated.

Sincerely,

Robert R. McGill
Federal Disability Attorney

 

OPM Disability Retirement Benefits: The Privacy of Weirdness

Privacy provokes weirdness; or so it would seem.  Things which people would not otherwise do, they do in the apparent seclusion of privacy.  It is when the “private” becomes “public” that embarrassment, revelation, uncovering and shame is brought out.

People engage in activities ranging from the mundane to the absurd — and this is often witnessed in that “bubble” created by sitting in one’s car.  The vehicle creates a strange phenomenon — for, although it does not truly provide a privacy space, people get into their vehicles and act as if no one can see them.  Witness how we suddenly dance uninhibited to the music playing when driving; or talk to yourself, or perhaps other acts of weirdness.

Then, of course, there are the more absurd revelations of recent vintage — of weirdness performe while on Zoom when privacy was thought to be the case.

Pain is on the spectrum of weirdness — for, it is a “private” or “subjective” matter, experienced within the bubble of one’s own body and self.  We often try to hide it — but it manifests itself through grimaces and facial contortions.  It can be hidden and masked, but whether it is healthy to do so, is quite another matter.

When the privacy of weirdness — of pain which can no longer be masked — enters the public arena, as in a Federal Disability Retirement case, it is then time to consider filing for Federal Disability Retirement benefits.  Contact an OPM Disability Lawyer who specializes in OPM Disability Retirement Law, and begin the process of turning out the privacy of weirdness into a Federal Disability Retirement case.

Sincerely,

Robert R. McGill, Lawyer

 

OPM Medical Disability for Federal Workers: The Patterned Life

All lives have a pattern; as a metaphor, most patterns are predictable, serene, fairly unimaginative and surely consistent with most others.  Then, there are the outliers — the patterns which zigzag and defy the conventional appearances of a life lived, whether well, badly or somewhere in between.  Are there any lives which possess no pattern at all?  Perhaps.

In the end, of course, a pattern is merely an extrapolated shadow of retrospectively predictable reflective constructs.  Events disrupt patterns — a crisis; a death; an illness; an intervening occurrence, etc.

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 continuing in his or her career, the event which disrupts of pattern of his or her life is the medical condition; the course of the pattern to be determined is the step which is next taken.  Whether your patterned life precipitously careens in extreme ways at the end of a beautifully composed symphony depends upon what is done next.

Consult with a FERS Disability Lawyer who specializes in Federal Disability Retirement Law and begin the process of preparing, formulating and filing an effective FERS Disability Retirement application — one which will end with a pattern of success.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Is There Enough of Me?

Whether consciously or not, that is the question we ask of ourselves.  Is there enough of me?  Meaning: Is life worthwhile such that the “me” exists substantially to reach a level of happiness, contentment and joy?

The worker, the parent, the friend, the husband or wife — they are certainly part of every person’s role within society, but there is a separate, private “me” that is defined by the uniqueness of each individual.  Perhaps the “me” part of one’s personhood is in the joy of reading; or of other hobbies and leisure activities, like hunting or fishing, or playing a game of cards, writing a short story, playing basketball, breeding dogs or just sitting in front of a fireplace with one’s dog.

These, and many other activities comprise a list of “me-things” which make for living in a society worthwhile.  Is there enough of me?  What balance within life’s daily grind and busy-ness would satisfy that question?

When the balance between work, obligations, responsibilities, mundane chores and sleep is disrupted such that there is not enough of “me” to be had, there is often the untold consequences of despair and depressive despondency.  In Japan, there is a term for this — Karoshi.  It literally means, “death by overwork”.  It is a state of being where there is clearly not enough of “me” within the daily living and routine of a person.

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 job, the overwhelming nature of trying to balance work, personal life and the medical condition itself will present the ultimate dilemma: If work cannot be accomplished, how will there be enough of me?

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is a way of attempting to restore some balance in one’s life.  Consult with an Attorney who specializes in FERS Disability Retirement Law; for, in the end, a life where one’s medical condition consumes every aspect of daily living because work itself becomes a constant struggle, is one where, clearly, there is not enough of “me”.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Attorney

 

Federal & Postal Disability Retirement: Preparing the case

For some reason, Federal and Postal workers who “prepare” and submit a Federal Disability Retirement application, do so without much thought as to what is entailed by the entire process.

They will often rely upon what the “Human Resource Office” tells them — of forms to fill out, what form to give to the doctor, the form to give to the supervisor, etc., and will spend more time trying to figure out the confusing life insurance form than in preparing the Applicant’s Statement of Disability (SF 3112A) or the legal precedents that govern Federal Disability Retirement Law — and then, when it gets denied at the Initial Stage of the process and the Federal or Postal Disability Retirement applicant goes back to the H.R. “Specialist” and asks, “Well, what do I do now?”, the response is: “That is not our problem; that’s a problem you have to deal with.”

Accountability is not known to be a commonly recognized characteristic in a Human Resource Office, and while there are never any guarantees in life, in any sector or endeavor, at a minimum, when one is being “assisted” and guided through an administrative process, it is important to know whether or not whoever you are relying upon will see you through to the end.

Why the Federal or Postal employee who begins the process of preparing, formulating and filing a Federal Disability Retirement application does so without the same care, scrutiny and comprehensive approach as one does in “other” legal cases, is a puzzle.

Federal Disability Retirement — whether under FERS, CSRS or CSRS Offset — is as complex a case as any other, and should be approached with the same intensity, technical application and expertise as a patent and trademark case, or a complicated medical malpractice filing.  For, a Federal Disability Retirement case involves every aspect of any other type of complex litigation — of the proper medical evidence to gather; of meeting the established legal standard in order to meet the burden of proof; of citing the relevant legal precedents in order to persuade the reviewer at the U.S. Office of Personnel Management; and presenting a compelling description to a “jury” at OPM that one has met the nexus between “having a medical condition” and the inconsistency inherent with the positional duties required, etc.

In the end, preparing the case for submission of a Federal Disability Retirement application involves greater complexity than what the layman can normally account for, and as the fine print in those television commercials state involving sporty vehicles maneuvering at high speeds, you may not want to try this on your own.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Disability Retirement: Meaning & work

A book of very recent vintage, written by an anthropologist, uses an 8-letter epithet in its title.  While it is always dangerous to refer to something without having read it, the various book reviewers have provided enough insights to recognize that it involves a judgment upon employment, work and the meaninglessness of many jobs held by the population at large.

There would be, of course, some criticism as to the validity of such a judgment, given the nature of being an “outsider” as opposed to an “insider” — i.e., from the “outside” (e.g., the author/anthropologist himself who makes a living by selling books criticizing certain subjects) perspective, it may seem like certain types of work retain no inherent meaning, but from the “inside” perspective (i.e., those whose jobs it is to perform such tasks, and the companies, corporations and entities that require that such tasks be maintained), elements of employment that outsiders may deem meaningless may contain elaborate foundations of meaningfulness.

That was, of course, one of the criticisms thrown by Marx — of the separation of labor from the value of existence, arising coincidentally from the industrial revolution where mass production and assembly lines in factories that exploited labor resulted in a disillusioning effect because people no longer saw the fruits of one’s own labor (an aside: Does that explain why so many people think that the original source of beef, poultry and dairy products come from the storeroom of Safeway?).

How does one work, make a living and concurrently retain “meaning” in all, if not most, of the tasks performed?  Anyone who has been employed for any significant length of time comes to recognize that the three are distinct and separable: work is different from “making a living”, in that you can work for endless and tireless hours and yet not make enough wages to pay all of the bills; and whether you work long hours or not, and whether you can pay all of the debts incurred or have extra spending money at the end of each pay period, the “meaning” one derives from the work engaged is not necessarily attached to either the hours expended or the money earned.

For some, perhaps, meaning is never derived from the work itself, but merely from a recognition that the work is merely a means to an end — of performing tasks in order to earn enough wages to own a home, start a family and provide for a retirement, etc.  Or, for others, perhaps a deep-seated recognition is acceptable, that life itself is like the task that Sisyphus engaged in, and the toil of work is as the meaninglessness of rolling the boulder up another hill, only to see it roll back down again, and thus repetition allows for the futility of all tasks great or small.

One’s resolve and the will to impose meaningfulness in the face of alienation is a testament to man’s capacity to seek greater good.

For the Federal employee and U.S. Postal worker who suffers from a medical condition such that the medical condition begins to impact one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal job, the need to continue to find “meaning” in striving often is closely tied to the progressively deteriorating aspect of one’s health.  When one’s health is at issue, “meaningfulness” of one’s work may come into question, precisely because one’s capacity to view employment as a means to another end itself becomes a struggle.

Filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, allows for one to reorient the priorities in life that should not be confused: Health, family, a sense of accomplishment, and somewhere in that mix, a career that may need to be changed, abandoned or otherwise modified because of one’s deteriorating health and the impact upon the meaningfulness of carrying on where to do so sacrifices one or more of the mixed priorities.

Sincerely,

Robert R. McGill, Esquire

 

Early Medical Retirement for Federal and Postal Employees: At any given moment…

Despite evidence to the contrary, we tend to live life expecting disaster just around the next corner; and when it does happen, of course, it only confirms the greatest fears which we had anticipated all along.  Whether any singular calamity is merely a magnification of our expectation of life’s fragile coordinates of unfairness, or simply a reflection of truth in an objectively impassive and uncaring world, it is our sense of destiny left to the fates of gods who care not and submission to the evolutionary Darwinism of predatory-to-prey beliefs which obviates any residual joy of life.  Then, when a wrong turn is made, we shake our heads knowingly and whisper in a soliloquy of wisdom unconstrained, “I knew it,” or something akin thereto, like, “Of course”.

Does confirmation of that which is expected, a basis for cynicism?  We certainly give lip-service to children, dogs and people of lesser means and circumstances by providing unsolicited, positive coaching advice on life and living:  “There is hope, yet”; “Tomorrow is a brighter day”; “Today is the best day of the rest of your life”; and other quips of mindless wisdom meant to appease, while we knowingly whisper in the privacy of our caverns of suspicion with an addendum of:  “You just don’t know how bad it can get.”  And so it goes (as the great positive thinker, Kurt Vonnegut, used to say — but then, anyone who survived the bombing of Dresden has a right to hold such dilapidated opinions of shabbiness).

Thus, in a similar vein, for the Federal employee and U.S. Postal worker who finds that treatment at the hands of one’s own Federal agency or the U.S. Postal Service when the time of need for support and acceptance is at its pinnacle — just doesn’t quite meet the standard of excellence expected in such moments, should be forgiven for having that shuddering tumult of suspicious concavity, when the Federal or Postal employee whispers, “At any given moment…” (i.e., the other shoe will drop; the Federal agency or U.S. Postal Service will further confirm their uncaring attitude; or some similar continuation of the initiating thought).

Preparing an effective 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, is often the solution to extricating oneself from the calamity of having a medical condition, such that the medical condition prevents the Federal or Postal employee from continuing in the positional duties of the Federal or Postal employment.  For, in the end, you do not want to stick around too long to verify and validate that thoughtful knowledge of wisdom you possessed as a Federal or Postal employee, when you first learned that life is not a bed of roses, rarely a shining star, and certainly not the lottery ticket each and every day, when — at any given moment — that proverbial “other shoe” may drop if you are a Federal or Postal employee needing to filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire