FERS Disability Retirement from OPM: Good to be Wrong

Every Federal Disability Retirement application contains some problems.  The ones which don’t — and they are few and far between — are what some call that rare “slam dunk case”.  But when it is characterized as such, the honest attorney — and the undersigned author of this blog considers himself such — simply tells the caller:  “Gather your medical records; fill out the forms and submit the packet; you don’t need a lawyer.”

All other type of cases have inherent problems, which comes with the territory.  For, when you deal with an agency which neither applies the law, nor is unbiased in its review and evaluation of each case; and, where the Agency believes that the money it is saving is tantamount to a protection of the evaluator’s personal bank account — well, you know and can guess what happens.

As every case is problematic, so every case has to be fought for.  A lifetime Federal Annuity (well, somewhat, as it is actually only until age 62, and then the Federal Disability Annuity is recalculated based upon the total number of years of service, including the time spent on FERS Disability Retirement) is not something that is easily given up by the U.S. Office of Personnel Management or the Federal Government; as such, it must be fought for.

This FERS Disability Attorney — the author of this blog — fights on behalf of his clients throughout all 3 stages of the process.  Other firms will often charge for each stage separately, or only for the first 2 stages, then abandons the client after that.

In having represented many, many clients over many years, one gets a “sense” of whether a Federal Disability Retirement case will be approved at the First Stage of the process, or whether there will be a “fight” and it will take either the Reconsideration Stage or the MSPB before a “win” is acquired.  Yet, there have been many, many cases when this attorney has also been wrong about this alleged “Sixth Sense” on any given case, and where OPM approved the case at the First Stage, even when the case is not overwhelming strong.

In such cases, it is good to be wrong.

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 & Postal Disability Retirement: Agency’s Accommodations

The term itself is often misleading.  Agencies often believe that they are “accommodating” a Federal or Postal employee’s medical conditions by allowing for flexibility in leave usage; by not objecting to use of FMLA; by temporarily allowing for “light duty”, etc.  But do such actions rise to the level of a legal accommodation?  Does allowing for assertion and use of an already-existing legal right meet the standard of a workplace accommodation? Do the accommodations provided allow the Federal or Postal employee to continue to perform all of the essential elements of one’s Federal or Postal position?

Such questions, and many more, go directly to the heart of the matter when an individual files for Federal Disability Retirement benefits under FERS.  The answers to all such questions concerning Workplace Accommodations provided by the Federal Agency or the Postal Service can have a severe impact upon a person’s ability or inability to obtain a Federal Disability Retirement benefit from the U.S. Office of Personnel Management.

Consult with a FERS Disability Retirement Lawyer and begin the process of preparing, formulating and filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Coming to Terms

It is when we avoid it that we fail to come to terms.  Often, we already “know it” — if by knowing, we mean that we were aware of the facts, that we had a sense of the “it” coming to fruition.

We somehow believe that, so long as we do not state it, or ignore it, or perhaps just refuse to ponder upon it — that then, reality doesn’t force us to come to terms with the “it”, whatever it is.  It is often a subtle psychological device, a gamesmanship of avoiding the obvious.  Major life decisions are often involved in the process of refusing to come to terms: Of the end of a marriage; of a death of a loved one; of a change in one’s circumstances; of a medical condition.

Medical conditions are often life-altering.  They force us to give up certain activities we have engaged in all of our lives; they mandate a change of dietary habits; they alter forever our own self-image.

For Federal and Postal employees who suffer from a medical condition such that the medical condition prevents you from any longer performing one or more of the essential elements of your Federal or Postal job, consider filing for Federal Disability Retirement benefits under FERS.

Before you move forward on filing a Federal Disability Retirement application, however, consult with an OPM Attorney who specializes in Federal Disability Retirement Law — for, that may be the first step in coming to terms with a future yet uncertain, but nevertheless offering some hope.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Problem with Familiarity

“Familiarity breeds contempt” — was the unspoken rule within the military class which built a wall between officers and enlisted, supervisors and subordinates, bosses and workers, etc.  Why is that?  Is it because, beneath the veneer of superiority, we all know that we’re no better than others, and once the imperfections cleverly concealed are unraveled for others to witness, the scoffing laughter and the smirking undertone will openly splatter with a defiance of disdain?

Familiarity, over time, likewise brings us to take things for granted — of the monotony of everyday rhythms, that what we experienced yesterday will similarly occur today; that the sun will rise tomorrow with perhaps a cloudy interlude that hides the radiance of a clear sky for a brief respite, but knowing that regularity will return with a force of continuity.

What does it mean to “take X for granted”?  Whether of people, events, objects, pets or circumstances, it is how we approach things — whether with a freshness of purpose or an old rag of expectations.  What did we do differently “before’ the problem of familiarity?  Did we bring flowers every day to win the heart of a loved one — only to later expect that, well, since the heart has already been won, why waste the money upon such frivolities?  Does familiarity lessen the fervency of love, or does “commitment” undermine the urgency of conquest?

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, the problem with familiarity is that the basis of constancy breeds not contempt, but comfort.  It is “comfortable” to stay where you are — despite the harassment, the adversity and the problems inherent in remaining; nevertheless, that which is “known” is preferable to the unknown.

Becoming a Federal Disability Annuitant may be a scary thought, but a necessary next step.  Taking that first step is to break away from familiarity, and that is where the problem lies — of stepping into the abyss of the unknown.  To smooth the pathway away from the road of familiarity, think of Robert Frost’s poem and consult with an attorney who specializes in Federal Disability Retirement Law.  It might make all the difference in your life.

Sincerely,

Robert R. McGill, Esquire 
OPM Disability Retirement Lawyer

    

Federal & Postal Disability Retirement from OPM: Departures

How one leaves is often important — not just subjectively, but encompassing consequences and reverberations unanticipated.  Consider the ultimate departure — of leaving a Will or not.  One might counter that, Well, what difference does it make; I won’t be there to witness what happens after I am gone; and, in any event, who cares if they fight over what little possessions I leave.  “I won’t be there, anyway.”  But your memories will; the memory of who you were and the aftertaste of a legacy left behind.

Then, there are the mundane departures — of the daily goodbyes to go to work; of leaving work to come home; of a trip on trains, planes and cars; or just a trip to the local store while that loyal dog awaits your arrival back home.

For Federal employees and U.S. Postal workers who are preparing to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the question of how a “departure” is characterized in the meantime may have some not-so-insignificant impact upon a Federal Disability Retirement application down the proverbial road.

Resignation may be necessary — say, in order to access one’s TSP in order to survive the lengthy administrative process of awaiting a decision by the U.S. Office of Personnel Management; or perhaps simply wanting a “clean break” before, during or after filing for Federal Disability Retirement benefits. Or, the departure may take the form of a termination or an administrative separation initiated by the Federal Agency or the U.S. Postal Service, in which case one may argue the Bruner Presumption in favor of one’s Federal Disability Retirement application.

These are all important and relevant considerations in preparing, formulating and filing an effective Federal Disability Retirement application, where departures —like one’s Last Will and Testament — may have some relevance in the fight which ensues in the aftermath of one’s absence.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: Ends and beginnings

It is the linear manner in which we perceive the world; of straight lines as opposed to circular figures; of two points or perhaps three, then again lines of intersection and connecting the dots, instead of arcs that waver and detour beyond the directional certainty of point A to Point B and beyond.  “Ends” we recognize by the symphony that crescendos and the credits that scroll down and display the accomplishments unto the “Assistant to the Assistant director of Operational Assistants”; or, at least when the black screen declares, “The End”.

And of beginnings?  Other than the first breath taken, the consummation of love’s forlorn initial encounters and the memories of childhoods harkening back to hazy summer evenings that may be real or mixed with what was told about you when you were young; perhaps beginnings can never be ascertained with as much certainty as the endings that suddenly come upon us.

We tend to bifurcate our lives with straight and intersecting lines; “Here is when X happened”; “Over there, that is when Y began.”

For Federal employees and U.S. Postal workers who began their careers with the hopes and dreams of all who enter the workforce, full of vigor and enthusiasm, coopted by the “mission of the agency” or the team spirit reinforced by the accolades given in performance reviews, bonuses granted and promotions within sight of tomorrow – the slow deterioration of a medical condition can come to one’s realization as a devastating recognition that an “end” is coming, without the concomitant accompaniment of the clear “beginning” to follow.

Where does something “end”, and something else “begin”?

Preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management because the Federal or Postal employee is no longer able to perform one or more of the essential elements of the Federal or Postal position is indeed an “end” of sorts, but it must also be viewed as an important “beginning”.

It is the beginning of attending to the priorities of life; of starting to focus upon one’s health and well-being; of recognizing that others at the Federal agency or the Postal service have seen the “end” of your career.

Yet, perspectives matter, and how we view things do make a difference, and it is the “beginnings” that come after the “end” that matters.  For, the “Assistant to the Assistant director of Operational Assistants” hopefully did not end his or her career with that final credit noted at the end of that B-rated movie; hopefully, he became the director of Operational Assistants, or perhaps the director himself or herself.

Sincerely,

Robert R. McGill, Esquire

 

 

Medical Retirement from Civil Service: Chaotic interludes

The root word itself stands for the state of being prior to the ordering of the universe – either by the hand of God or through natural evolution; or, if you are a Get Smart fan, it is spelled somewhat differently – KAOS – and is actually not an acronym that stands for anything, but is an international organization set to do evil that only Maxwell Smart, Agent 86 and his partner Agent 99 can prevent from accomplishing their terrible deeds; or, if you are an engineer, you may know the acronym as standing for “Knowledge Acquisition in Automated Specification”.

In any of the events, the state of Being otherwise recognized as “Chaos” (or its alternative spelling, KAOS) is identified as something unwelcoming, insidious and to be forever avoided.  Yet, life brings about such states from time to time, as if to remind us that order, sequence, linear models of livelihoods and pristine beauties of uninterrupted serenity are rare in the discourse of nature’s continuum.

Chaotic interludes tend to rear its ugly head just when things seem to be going smoother; when we least expect it; when the quietude of our lives seem in perfect balance; then the disaster, the disordering impact, the jumbling-up and shaking it all about comes crashing like thunder in the night to awaken us with a start.  A start?  To do what?

Perhaps as a test; as a challenge; to rethink the priorities of our lives; and to remind us that life is not a matter of slumber and remaining in a constant state of stupor and repetitive thoughtlessness, but a chasm of necessity mandating daily focus, concentration and attention to the important things around us.  Maybe we were becoming too complacent; perhaps the monotony of habit was making of us all bores to be avoided; or, more likely, we were just getting steeped into the ego of our own self-centeredness.

Whatever the reason, chaotic interludes tend to hit us in bumps and pushes, sort of like standing in a line to get into a movie theater or on the waiting list for a restaurant, and suddenly an earthquake hits the area, or a robber comes running out of the establishment and pushing you onto the street where oncoming traffic busily spins its wheels, or more commonly, you are diagnosed with an unexpected medical condition, and that medical condition becomes a slowly deteriorating, progressively debilitating state of Being.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact the capacity and ability to perform the essential elements of one’s position with the Federal Government or Postal Facility in ways that clearly show that you cannot do the job anymore, the concept of chaotic interludes is nothing new.  The real question is:  What to do about it?

One option is to prepare an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.  That’s the thing about chaotic interludes; the options available are often limited; but out of the chaos that ensues, what is often important is to recognize the problem and tackle the issue in the best possible manner.

Otherwise, call Maxwell Smart and hope that his shoe-phone is in good working order.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: What to do

Does anyone really know what to do?  From the very beginning, we are brought into this world without having been asked, and never with any instructions entitled, “Life instructions in ‘how to’”.  Instead, we are thrown into the ravages of this impervious universe.  We are lucky if we have some kind parents; otherwise, as with most of us, they are as clueless as we are, and sometimes even more so.

What do we do with the rest of our lives?  How do we determine if the course we have chosen is worthwhile?  When do we determine if the choices presented are the ones that will forever be offered, or will others come along after we have long committed to the limited ones we face?  Who tells us if what we are doing is “right”, and does the concept of “right” or “wrong” even matter, anymore”?

When problems arise, who do we turn to?  Do we turn to the priesthood that has been forever discredited, to the shamans who drive in expensive cars, or the Wall Street wolves who live in mansions afforded upon the backs of ordinary people?  And since parents are now told that honesty about their own lives are important in feeding the ingredients of success for their children, do we count on them to give us the same clueless directions that we can expect of ourselves?

Who knows anything, anymore, in any expectantly significant or relevant way, other than the puffery we encounter in our daily lives?  And when medical conditions interrupt and intervene – who tells us what path to take; where we go with the career choices given; and what about the legal issues that arise when it concerns a Federal or Postal worker under FERS, CSRS or CSRS Offset?  What to do – isn’t that the question we always have to ask ourselves?  And how do we know if the choices we make are the right ones, the wrong ones, or perhaps just “the best under the given circumstances”?

It is important to know; relevant to apply the correct criteria; significant for understanding the issues that need resolution; knowing what to do, how to do it and when to begin.  Medical issues that arise make for hard questions that need relevant answers.  And when the medical issues themselves impede, interrupt and intervene in negatively impactful ways, they exacerbate the capacity and ability to arrive at the proper judgments, and make it that much harder to decide.

Maybe there is no “right” answer, but only some minimal instructions and restrictive directions.  Whatever the case may be, in preparing, formulating and filing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, it is important to gain some initial insight and directions on what to do, and that may require seeking a lawyer who specializes in Federal Disability Retirement law.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement from Federal Employment: The Reconsideration Stage

Much time is often wasted upon rebutting incoherent arguments.  Such a statement is true in a great many sectors of life, as well as with an initial denial received from the U.S. Office of Personnel Management.

The first reaction in response to an Initial Denial received from the U.S. Office of Personnel Management, is to panic and become disheartened:  The Federal Disability Retirement applicant has waited many, many months, just to get to this point of being denied an application which was thought to clearly meet the legal standard of preponderance of the evidence, and perhaps the medical narratives and treatment records clearly and unequivocally established the nexus between one’s medical condition and the essential elements of one’s job.

What could have gone wrong?  What was deficient?  What unanticipated mistakes were made?

To top it all off, a quick perusal of the denial letter makes it appear as if the application never had a leg to stand on –  seemingly contradictory statements extrapolated; selective quotes from doctors, supervisors, etc., that tend to undermine the proof needed; deficient documentation and multiple garbled references to the “Disability Retirement Law” that has simply not been met.

How does one counter and rebut such an overwhelming denial of one’s carefully gathered and constructed information?

There is the “proper” and “effective” way, but one’s initial inclination in reactive form is normally not the way to go about it.

The Federal employee or U.S. Postal worker who finds himself/herself in such a situation – of facing an initial denial from the U.S. Office of Personnel Management – will often want to just “give up” and try to endure the pain, anguish and cognitive deterioration by going back to work (if that is even possible and the Federal or Postal employee has not yet been separated from service), or just simply walk away from one’s well-deserved Federal Pension and early Federal Disability Retirement benefits, and forego the benefits earned and vested.

Of course, that is precisely the thought-process that the U.S. Office of Personnel Management wants you to embrace.

It is often stated (erroneously) that filing a Federal Disability Retirement application through the U.S. Office of Personnel Management is not an “adversarial” process – and that OPM is not there to “fight you”, but rather, to ensure that all Federal Disability Retirement applications fulfill the requirements of the law.

If that were truly the case, then why does an OPM denial point out only the deficiencies, and never the positive aspects of a Federal Disability Retirement application?  Why do OPM denials always present themselves as overwhelmingly unqualified and argued as if there is absolutely no basis or chance of an approval?

Precisely – because, despite stating otherwise, the administrative process of trying to obtain Federal Disability Retirement benefits from OPM is just that:  an adversarial process which requires an advocate to fight for your rights.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement Law: The Steps to Take

Life is often overwhelming enough.  Then, when a medical condition make its initial entrance, remains for more than a fortnight and begins to impede, curtail and prevent one from doing the things one has taken for granted –  the problem becomes more than just a nuisance, but a magnification and exponential exaggeration beyond that which was a burden to begin with:  another problem adding to a host of problems.  In life, we often know what needs to be done, and sometimes even the “how” in going about solving problems.  But the capacity to prioritize and organize, to sort a jumble into a linear coherency, and to gather the necessary components into a cogent whole, is often the problem that prevents one from moving forward.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the condition (or multiple medical conditions) begin to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal position, the normal sequence of events often take on the following incoherent pathway:  An inquiry is made with the Human Resource Department; two sets of Standard Forms are presented to the Federal or Postal employee (SF 3107 series; SF 3112 series); the Federal or Postal employee is told to read through them and “fill them out” and bring the entire sets back to the H.R. Office.  They will be there “to help”.

When such a development occurs, 2 issues immediately come to one’s attention, or should.  First, is there a sequence and methodology one should follow, that is better and more effective?  Second, if the Federal Disability Retirement application is submitted and denied at the initial stage of the process, will that same Human Resource Office or person be held accountable, and continue to “help” for the second and subsequent stages of the process?

The answer to the first question is an unequivocal “yes”; the answer to the second question is a bit more complex.  There are, indeed, many helpful H.R. offices and personnel.  The point of creating an H.R. Office is to guide, help and assist the employees of the agency or organization.  But filing a Federal Disability Retirement application is a different “animal” from most other processes.  Think about it; it is not like setting up an allotment from one’s pay, or changing the number of deductions for tax purposes.  No, it is a complex administrative process that, once out of the hands of the agency’s H.R. Office, is under the direct control of a separate agency – the U.S. Office of Personnel Management.

Further, filing a Federal Disability Retirement application, whether under FERS, CSRS or CSRS Offset, can become a contentious issue – once a denial is issued by OPM, and even a second denial at the Reconsideration Stage, then an appeal will need to be filed with the U.S. Merit Systems Protection Board within 30 days.  Then what?  Will the Human Resource Office that was so helpful, represent you there?

Every future holds a pathway for successful maneuvering, and yes, there are sequential steps to take in preparing, formulating and filing an effective Federal Disability Retirement application.  For that, a knowledgeable FERS Disability Lawyer who is experienced in Federal Disability Retirement law can be helpful in guiding the Federal or Postal employee onto that pathway.

Sincerely,

Robert R. McGill, Esquire