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

 

FERS & CSRS Disability Retirement: The Complexity to Defeat

Simplicity of former times is what we all seek; in the end, it is never as “good” as we all like to make-believe it was, and never as “bad” as we may feel at the moment.  But within a world which sees technology advancing not in incremental, thoughtful stages of periodic progress, but in exponential warp-speed unseen in the epochal movements of past generations, it is difficult to keep pace with the dizzying speed of innovation.  And that’s just in trying to choose a lightbulb at the local grocery store.

For must of us, the complexity which confronts and challenges are those within.  The viewpoints we bring; the skewed thought-processes from the baggages of childhood; and the enmity we harbor in secret compartments of resentment and shame.  Further, what exacerbates and complicates, is a medical condition, whether physical or psychiatric, and too often an intersection of both feeding one upon another.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact one’s livelihood, the ability to even go into work, and prevents the Federal or Postal employee from performing one or more of the essential elements of one’s positional duties, the complexity to defeat is the very same one that haunts and hinders from the residues of self-doubt:  making wrong choices when the right ones will save.  Hesitation; fear; anxiety and angst from not seeing clearly an unknown future; these will all continue to magnify beyond the panic of sleepless nights.

Preparing, formulating and filing an effective OPM Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is never an “easy” engagement; in fact, it is merely one more complexity of life.  But the bureaucracy will always be there; the procedures, methodologies and sheer volume of substantive and procedural hurdles will always remain like an obstacle unmovable likened to Aristotle’s proverbial Unmoved Mover.

In the end, taking that significant step in preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management will be determined not by fate or misfortune, but in recognizing that the complexity to defeat remains hidden within our very souls, to be identified, tackled and wrestled with, in order to move on with our lives.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: The Cackle around Us

Often, the noise emanating and pervading is nothing more than the raucous shrieks and glass-shattering sounds like the cackle of birds; neither intelligible nor pleasant to the ear, it fails to inform, engender pleasure, nor spur substantive advancement for the intellect or one’s emotional well-being.

People talk; talk is limitless; and the louder one talks (or so the theory goes) and endures past all others, the last voice establishes the truth of the matter.  The problem in modernity is not so much the boisterousness and overpowering continuum of noise; rather, it is the inability to recognize the lesser argument, the weaker factual basis, and the mesmerizing conduit of enjoying the sound of one’s own voice.

There is, indeed, much information “out there”; the question is not one of volume, but rather of quality in the vast overload of content dissemination. When one seeks  information, how does veracity get established?  When one chooses representation, what criteria is applied?  And when one receives answers to queries put forth, where does the confirmation begin to concretize?  The world is replete with information; what parcel of it is useful; how much of it is relevant; and to what use or pragmatic application can it be devised?  In the practical world of living, the cackle of information must be sifted through in order to survive any given ordeal.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s positional duties, the preparation, formulation and filing of an effective Federal Disability Retirement application through the U.S. Office of Personnel Management must by necessity encapsulate the issue of relevant, pertinent and substantive information.

Gathering the proper medical document; formulating an effective Statement of Disability on Standard Form 3112A; presenting updated and relevant legal argumentation in order to persuade OPM into approving one’s Federal Disability Retirement application; these are the criteria in the pragmatic application for sifting through the cacophony of information clutter, and it matters not whether the cackle avoided represents that originating from crows or vultures; the point is to keep from being the meal of prey, and instead to prepare one’s meal of information in the quietude of thoughtful reflection, away from the disturbances of those who seek merely to hear the sound of their own voice, as opposed to the satisfying sonata of substantive and helpful information that will actually help the Federal or Postal employee secure one’s future in the preparation, formulation and filing of an effective Federal Disability Retirement application, whether one is under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Foreign Lands

There was a time when foreign lands had a sense of the exotic and prohibitive; but in a shrinking world, where technology brings images of distant scenery into homes and living rooms “as if” time and geographical dissonance matters not; and where virtual reality and computer graphics crosses the bifurcated worlds of fantasy and reality; today, it is the native who finds that being a foreigner in one’s own country is far more common than merely the inability to communicate  effectively in a different tongue.

Being in a foreign land is merely a state of mind; the pendulum swings, and swings far and wide, when first one enters a territory of unfamiliarity; but over time, with growing acclimation and recognition through daily routines, the distance of the pendulum harkens back to a beginning point, and a balance is achieved.

That is how one felt when first the career and employment entered with youthful vigor was embraced just after the school days of yore; the tingling excitement of a new venture, a steady paycheck and fresh with ideas to conquer the universe filled the cauldrons of hope, and where the future beckoned but with endless opportunity and fenceless expanse.  Crisis points have a jarring effect.  They tend to dampen spirits and shake the foundations of confidence and composure.

For newly disabled Federal employees and injured U.S. Postal workers who are hit with a medical condition, even sometimes a mildly disabling condition, the sense is often that one has entered into a foreign land, and the language spoken is one which few understand, fewer still speak well, and where only a handful are willing to take the time to give explicit directions.  Suddenly, the very people who were once comrades in coordinated efforts of missions to accomplish, act as if they no longer know you; familiar doorways are suddenly shut; people whisper, and whether they do so in hushed and incomprehensible tones, or in a language unfamiliar, all amounts to the same.

The need to apply for a visa to exit the land once loved, becomes a reality to forebear; and the Federal or Postal worker who can no longer perform one or more of the essential elements of one’s job, must consider carefully the ramifications of leaving that land once beloved, but now distant in space, time, and geographical reality.  One has become a foreigner in a foreign land; and the exit still open is to file for Federal Employee Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

How, and whether, and to what avail, such tragedy struck, is not as important for the time being as the pragmatic steps needed to be taken in order to secure one’s future.

When war breaks out in a foreign land, the pawns to be captured and traded for barter and advantage often involve the vulnerable and the expendable; and having a medical condition which impacts the Federal or Postal employee’s capacity and ability to perform in the workplace, often becomes like a war zone of sorts; and filing for Federal OPM Disability Retirement benefits  is merely another type of fight, of a bureaucratic sort, through an administrative maze in another foreign zone of battle.

For the Federal and Postal employee who suffers from a medical condition, such that the medical condition prevents the Federal or Postal employee from performing all of the essential elements of one’s positional duties, the time to exit is before the borders are sealed, and to enjoy the scenery of foreign soil from the safety of one’s home.

Sincerely,

Robert R. McGill, Esquire