The Balance of Relevance during the Preparation and Filing of an OPM Disability Retirement Application

Extraneous information is somewhat determined by the eye of the beholder; outsiders tend to view things differently from those who hold greater and more intimate knowledge through interconnected and intersecting relationships; and implied understandings, furtive glances and knowing stares, coupled with a wan smile, are often indicative of an intramural web of knowledge.

Looking to move into a neighborhood, one may drive through an area and see the pristine cut of well-manicured lawns, but it says nothing about the inner workings of friendliness or neighborly misgivings.  What we consider as relevant information in order to make a proper decision, is determined by the goal which is sought, and the means which must be employed to direct that purposive end.

For Federal employees and Postal workers who suffer from a medical condition, such that the medical condition determines the necessity of filing for Fed OPM Disability Retirement benefits through the U.S. Office of Personnel Management, the need to compile the compendium of relevant information, while including factual context and peripheral issues, must be evaluated and analyzed from the perspective of the “other” — the administrative specialist who will be reviewing the Federal Disability Retirement application at the U.S. Office of Personnel Management.

In any form of writing, there must always be a striking of a proper balance between information which constitutes the essence and core of a compilation, and the necessary contextual background which provides the guiding light of a directed narrative.  But some information, far from being mere extraneous narration, can actually undermine one’s stated goal.

Just as letters of bygone days and emails in modernity should never be sent in a fit of anger, so the temperament of retribution should be controlled in preparing, formulating and filing for Federal Disability benefits through OPM, whether the Federal employee or the U.S. Postal Worker is under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Of Knights, Integrity and Betrayal

Perhaps they are arcane and archaic concepts of feudal vestiges and residues of a time past, when the world was comprised of simple and simplistic codes of conduct; and of a world long declining, such surviving stewards adhering to outmoded manners will ultimately pay the price of extinction.  In a fast-paced world of changing circumstances, where the linguistic gymnast can contort truth into falsity and vice versa, integrity is merely a power move, and those who can get along without it can live with the betrayal of others and self, without consequences.

Federal and Postal Workers who suffer from a medical condition, and are shoved aside as mere objects of derision, experience a heightened sense of integrity violated and betrayal encountered.  It is often at the expense of their health that work was considered paramount and principled; and so long as production quotas and the mission of the agency was promoted, the smooth smiles of superiors and supervisors oiled the way for a seemingly bright future.  But medical conditions have an insidious character; they can be concealed for a time, but will ultimately manifest themselves in alternative ways of revelatory revulsions.  Hiding a medical condition only increases the stress; stress in turn exacerbates the primary medical condition.

For the Federal or Postal Workers who thought that unwavering fealty to an agency or the U.S. Postal Service would be rewarded by a similar response when a medical condition begins to impact one’s ability to perform the essential elements of one’s job, the surprise, hurt, and betrayal felt is often of devastating effect.

The option of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal Worker is under FERS or CSRS, is one which should always be considered as the singular viable alternative to act upon. Yes, integrity violated often tempts one to react against the agency; and, yes, betrayal should have a consequence. But knights and codes of valor are left to literary enjoyments of a bygone era; and we must always keep in mind of the story of that famous knight who fought bravely, only to find that they were merely windmills rotating in circles of futility.

Sincerely,

Robert R. McGill, Esquire

 

Postal and Federal Disability Retirement: Searching for the Proper Balance

Herbal tinctures have become popular in recent times, as primary reliance upon pharmacological solutions characterized by the paradigm of traditional medicine has resulted in explosions of naturopathic alternatives.  But the proper balance and admixture of alcohol with the substantive extracts from medicinal plants is important in arriving at an effective solution; too much alcohol will merely result in having a potion without efficacy; too little, and the bitter taste will invite gastrointestinal convulsions.

It is always the search for the proper balance for everything in life which one seeks, and preparing an effective Federal Disability Retirement application, filed with the U.S. Office of Personnel Management (routed via one’s agency personnel office if the Federal employee or Postal worker has not been separated for more than 31 days), and whether the Federal or Postal employee is under FERS or CSRS, is no different.

Whether it is the medical documentation attached — the extent of detail, the volume of records, the content of history and surgical procedures, how far back, etc. — or one’s Statement of Disability as narrated on SF 3112A, the roadmap which one provides to the U.S. Office of Personnel Management is important in presentation for ease of readership, clarity of direction, and convenience of content-viewing by the Legal Administrative Specialist who will be reviewing, analyzing and evaluating the proper balance of one’s Federal Disability Retirement application.

Then, of course, there is the problem of what happens if a Federal OPM Disability Retirement application is denied at the First Stage of the process; for, it becomes all the more crucial to rebut, reply and reinvigorate one’s OPM Disability Retirement application with all of the admixture of legal tinctures, somewhat like the witch doctor who tries different potions and knows which elements will result in a fiery brew of healthy, bittersweet taste of success.

Sincerely,

Robert R. McGill, Esquire

 

Federal and Postal Disability Retirement: A Federal Issue

Most legal issues require representation by an attorney licensed in the state where the legal matter arises. Thus, divorce proceedings; accidents and torts of various kinds where the injury occurs; contracts where they are formulated and agreed upon; negligence actions where the act occurred, etc.

But for such administrative proceedings such as the preparation, formulation and filing of a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether under FERS or CSRS, the state from which the attorney received his or her legal license becomes irrelevant precisely because the practicing of Federal Disability Retirement law crosses all state lines, and does not involve any issues which are unique to a particular state at all, but rather is entirely a “Federal” issue involving Federal statutes, regulations, administrative agencies, etc.

Further, while many individuals may still express a “comfort” zone of desiring to “see” the attorney by visiting him or her in an office, such a personalized encounter may simply be an impracticality. Agencies span the entire country, and indeed, Federal workers are stationed throughout the globe in Europe, Asia, the Philippines, etc., and representation for such Federal issues as filing for, and obtaining, Federal and USPS Disability Retirement benefits from the U.S. Office of Personnel Management, is best done by an attorney who is experienced in the administrative process of law entailing all aspects of OPM Federal Disability Retirement law.

Fortunately, with modern technology, including email, fax, phone, express delivery, etc., close contact with an attorney who specializes in Federal Disability Retirement law is merely a “push-button” away. In an impractical universe, it is best to use the services of practical technology.

Federal Disability Retirement is a Federal issue, not a state one, and this should always be kept in mind when seeking representation in the matter.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: Dog-like Loyalty

It is of the old adage — of the dog which refuses to bite the hand which feeds him.  It is only the human animal which betrays the adage; but, then, that is part of the point of the saying, and the recognition of the perversity of man.

It is thus not a wonder that Federal and Postal employees who suffer from a medical condition, remain unilaterally loyal to their agencies, despite sufficient evidence to the contrary and which would easily justify acting in a disloyal manner.  Years of toil and doing extra work without asking for anything in return will not result in empathetic treatment by an agency when the Federal or Postal worker requires such extraordinary treatment during a medical crisis; and when the surprised Federal employee becomes aghast at the reactionary irrationality of the agency, those of a cynical nature will often respond, “What did you expect”?

But the adverse nature of how an agency reacts when its employee files for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, is really the flip-side of the same coin:  the Federal or Postal worker acts like the loyal dog; the agency acts like the hand-biting dog.  It is the inherent nature of the complex make-up of the human animal which allows for such contradictory reactions.  Or, perhaps not — it may be just as simple an explanation that there are bad people in the world, and those who expect goodness from human nature will normally be sorely disappointed.

That is why when an agency provides for unexpected level of support during the process of a Federal or Postal Disability Retirement application, we react with such gratitude and surprise because of the exceptional nature of such a response.

One indicator that is fairly reliable, of course, is the wagging of the tail — unless, of course, it is the tail wagging the dog; but that is another adage altogether, for another time.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: New Faces

Old timers will often smirk cynically and observe:  Time will cure them of such a naive perspective.  Or, to paraphrase a famous line from a well-know Christmas movie, Youth is wasted on the young (hint:  the scene were Jimmy Stewart is throwing a rock at the old abandoned house).  Youth and inexperience are often accompanied by enthusiasm and a fresh perspective. Lack of knowledge is compensated — some would say “overcompensated” — by an eagerness which sees no boundaries or obstacles.

There are clearly some new hires at the U.S. Office of Personnel Management as of this date, and their unique approach in viewing and evaluating a Federal Disability Retirement application, whether under FERS or CSRS, must be contended with.

The fundamental problem with newcomers is not that they don’t know what they are doing; rather, it is often the converse — they think they do know what they are doing, and when girded by a list of criteria which is applied in an inflexible fashion, one often gets blinded by the confusion of the forest while having a myopic view of an individual tree.  The great equalizer in countering lack of knowledge, fortunately, is the law itself; and while a list of applicable criteria provided to a fresh face may well assist the OPM employee to evaluate a claim, it can never replace the necessity of knowing the law.

For anyone filing a Federal Disability Retirement application with the U.S. Office of Personnel Management, now constitutes the time to employ all of the tools which the compendium of cases decided, and statutes reinforced, accord in arguing one’s case.  Time will certainly tell, but for the present, it is advisable to dot all I’s and cross each T, carefully and with great scrutiny.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Experience & Secrets

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, there are no “secrets” to the pathway of success (“success” being narrowly defined as receiving an approval from the Office of Personnel Management).

Rather, there is only the experience of knowing the law, applying the law, stating the facts, creating the nexuRs between the medical condition and the positional duties which one occupies with the Federal Agency or the U.S. Postal Service, and understanding the few but important issues which can defeat a Federal Disability Retirement application.

The latter portion, of course, is just as important as the former issues — of knowing the negative consequences of entering certain arenas of issues, despite every temptation to do so. Thus, as have been more thoroughly discussed in previous articles and blogs, focusing upon collateral work-place issues of harassment, discrimination, subsequent EEOC complaints, etc.; of characterization of one’s medical conditions which comes perilously close to being described as “situational”.

Also, some questions concerning accommodations, and especially at the first two stages of the administrative process, where the Office of Personnel Management will often fail to understand the legal distinction between temporary modified duties, and what constitutes a legally viable accommodation — all of these are able to be dealt with through experience and application of that experience.

Very few “secrets” are truly that; rather, the secret to a successful outcome turns out to be rather mundane:  experience, tempered by careful preparation, formulation, and timely filing.

Sincerely,

Robert R. McGill, Esquire
Postal & Federal Disability Lawyer

 

Medical Retirement for Federal Workers: A Federal Issue

For many legal issues which are encountered by most people, an attorney from the state within which he or she resides is necessary and proper.  This is because the laws of each state are different, and requires the expertise of an attorney who is licensed to practice law within that particular jurisdiction.

However, preparing, formulating and filing a Federal Disability Retirement application with the Office of Personnel Management is a Federal issue, not a state issue.  As such, as an attorney who is licensed from one state, that attorney is able and allowed to represent Federal and Postal workers from all across the United States.  

Being “able to and allowed”, of course, is a separate issue from whether a particular attorney is competent, knowledgeable, and experienced enough to perform such work — but those are questions and issues which should be reviewed, determined and inquired into, by each Federal and Postal worker who is seeking an attorney who purports to be an “expert” in the area of Federal Disability Retirement law.  

Such a basis for determination of an attorney’s competency in any area of law should be based upon multiple criteria, including:  Questions asked and answered during an initial consultation; review of any articles written on the subject; information gathered on the attorney’s website — especially the substantive content of any claims made, or any discussion concerning the subject of Federal Disability Retirement law — and a general sense of responsiveness to an initial query.  

Because preparing, formulating and filing a Federal Disability Retirement application is a “Federal” issue and not a state issue, it is likely that the Federal or Postal worker will never personally meet the attorney in a Federal Disability Retirement case, and instead, all communication and contact will be by telephone, email, fax, overnight delivery, etc.  This would be a natural occurrence — just as you will never actually see anyone from the Office of Personnel Management or from the Merit Systems Protection Board.  

Remember, preparing, formulating and filing a Federal Disability Retirement application with the Office of Personnel Management is a Federal issue, and not a state one, and therefore the attorney who is licensed in a particular state can effectively represent anyone, anywhere, both in the United States, and in other countries.

Sincerely,

Robert R. McGill, Attorney

OPM Disability Retirement: Legal Arguments

Whether and to what extent legal arguments in Federal Disability Retirement cases under FERS or CSRS should be made, should rarely be ventured into by non-lawyers.  The boundaries of legal arguments are naturally constrained for lawyers both internally and externally:  internally, because (hopefully) lawyers are trained to recognize that maintaining the integrity of legal precedents is vital to the process, and externally, because all legal arguments are ultimately subjected to the review of a Judge — in the case of administrative laws governing Federal and Postal Disability Retirement, at the first instance by the Administrative Judge at the Merit Systems Protection Board, then potentially at the Federal Circuit Court of Appeals.  When laymen attempt to make legal arguments, there is the added danger of misinterpretation and mis-application of the law, which can further injure the chances of an Applicant filing for Federal Disability Retirement benefits to obtain an approval.  And, finally, such chances for success may be further damaged if it needs to come before an Administrative Judge for review.

Sincerely, Robert R. McGill, Esquire