Tag Archives: va employee disability retirement

Postal and Federal Disability Retirement: Persuasion

Persuasion is a funny animal; when it is effective, success is determined by the reversal of an opponent’s viewpoint, but if it is ineffective, mere silence ensues, and unless prompted by subsequent queries, one never knows how close one came to persuading another and what further evidence or argumentation may have pushed the other side over the edge.

Then, of course, there is always the question of whether the opposing party is open to persuasion or not, and what are the conditions within which it may occur.  The danger lies especially when an organization or bureaucracy has become so powerful or autocratic that it need not ever be persuaded because there are no consequences to being left unpersuaded.

The presence of outside safeguards is often necessary for persuasion to have its salutary effect, as a more obscure sense of “fair play” is often not enough to make a difference.  All of this, of course, doesn’t even touch upon the substantive content of what constitutes a persuasive argument, as context is often just as important as content (anyone who has been married will immediately understand the truth of this statement).

For Federal employees and U.S. Postal workers who have submitted a FERS Medical Retirement claim with the U.S. Office of Personnel Management (also known for its acronym “OPM”) and have received an initial denial and must now respond to the denial at the Reconsideration Stage of the Process, “persuasiveness” becomes the battle cry in preparing the proper response.

OPM has all the time in the world in preparing its denial and needs little basis in its persuasive content.  They merely need to have some minimal basis of reasons to issue a denial.  On the other hand, the denied Federal or Postal applicant has (A) a very short timeframe in responding and (B) must advance a heavy burden of proof in order to overcome the denial, despite the often scatter-brained content of an OPM Denial.

Furthermore, in preparing a reconsideration Response, one should always keep in mind that the targeted audience is not just OPM, but the next stage in the event that OPM remains unpersuaded — that of the Admin Judge at the U.S. Merit Systems Protection Board (MSPB).  That is why any response to an OPM Initial Denial should include a recitation of the relevant case laws discussing why your particular case meets the legal criteria for an approval.

As with spousal arguments and discussions around the Holiday dinner table, context matters as much as context when trying to persuade the other side.  And also in preparing a persuasive response, you may want to consider consulting with a Federal Disability Retirement Lawyer specializing exclusively in FERS Medical Retirement Law.

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.

 

FERS Disability Retirement: Just the Right Word

It is a terrifying thought that major events — some of which can lead to calamitous results — can turn on a word.  Diplomacy depends upon it, as well as marital harmony and a host of other circumstances.

Words possess the power of persuasion, and their salutary impact is seen by the consequences which follow.   One sees It in the faces of diplomats following lengthy discussions behind closed doors — whether certain words have really averted a crisis or have merely prolonged an inevitable consummation of intentions otherwise provoked.

Did “just the right words” avoid the breakup of a marriage, where the expectant looks of a child’s hope depended upon the soothing effects softly diminishing tempers’ destructive costs? It is the intemperate reaction in the heat of the moment which compels remorse of conscience and the recognition of the power of words.

For Federal Gov. employees and U.S. Postal workers who suffer from an injury or illness such that preparing, formulating, and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management under FERS becomes a necessity — or, if already filed and a Denial from OPM has already been rendered and a Reconsideration response is required — understanding that the entire administrative process is a “paper presentation” to OPM and is therefore dependent upon “just the right word” or, more accurately, multiple and voluminous words — is a daunting thought.

And furthermore, the words chosen must necessarily involve various areas of specialized disciplines — not the least of which (obviously) should include conceptual constructs of legal cases previously decided.

As such, in filing an application to OPM or in responding to an OPM denial and needing to file a responsive Reconsideration legal memorandum, it may be necessary to consult with a FERS Medical Retirement Attorney who specializes in Federal Disability Retirement Law to help in choosing “just the right word.”

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 under FERS: The Trials of Life

This is a difficult period in everyone’s life.  We can try and put a brave front, attempt to have a “positive outlook”, and walk around with a frozen smile on our faces, but the plain fact is that life is tough.

These days, the trials which we face often appear to be insurmountable.  Inflation eats away at the stagnant pay; the bureaucratic state seems to pass legislation after legislation which does nothing for the middle class; the amount of waste and fraud in the federal expenditures leaves one wondering — why do we pay so much in taxes when everything seems to be given away in mindless and useless political paybacks?

Did we really have to give those billions for corporations to start building computer chip factories?  How many billions were stolen for pandemic-relief monies?  At last count, was it (conservatively estimating) some 40 – 60 Billion?  What percentage of kids are now on some form of anti-depressants?  How many kids are now unable to read, write, or to pass basic educational tests?  How many suicides are there, now, every day, every month, every year?

And meanwhile, we see the value of our paychecks diminishing because of the inflationary cauldron we fail to understand.

The trials of life, indeed, are heavy in modernity, but one aspect which still provides a ray of hope for people concerns Federal Disability Retirement Law under the FERS disability system.  At least, there, the Federal Government has continued to recognize the value of providing for Federal Disability Retirement benefits for those who cannot continue to work in the career of your choice.

Contact a FERS Medical Attorney who specializes in Federal Disability Retirement Law, and recognize that — even in the midst of the trials of life — there is still a benefit which can help a FERS employee who can no longer perform one or more of the essential elements of your Federal job.

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 Disability Retirement: The Focus of Happiness

Self-focus necessarily leads to self-examination; and however one recites the variations of Socrates’ admonition, it essentially came to this: An unexamined life is not a worthy life.  And so the race to constantly examine ourselves has always been the focus of Western thought — both in the philosophical tradition, as well as in the theological tradition.  For, both Christianity and Judaism, also, require self-focus: of one’s actions, one’s sinful nature, and the need to self-correct in order to attain an entrance into heaven.

Eastern thought, generally speaking, of course (as all such discussions must embrace generalities unless we are to engage in an endless discussion of unattainable depth) engages in the opposite course of action: Whether Confucianism, which directs one to attain a level of filial piety in sacrificing for one’s family, or Zen Buddhism which calls for one to abandon the ego of self, the ultimate focus is to direct one’s self away from the very essence of self.

Thus is happiness not important or even relevant.  The obsession on one’s happiness, then, is often thought of as an unhealthy obsession more prevalent in thought because of the Western tradition of philosophy and theology.  But of both — Eastern and Western thought — health is a matter of concern quite apart from one’s happiness.  For, without health, there can be no happiness, no filial piety, and certainly not an abandonment of the self, precisely because without health, there can be no self to begin with, and thus no abandonment of the self.

For Federal Gov. employees and U.S. Postal Service workers who suffer form a medical condition which necessitates filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management under FERS, it matters not whether the focus of happiness is the basis for the need to file for Federal Employee or Postal Worker Disability Retirement benefits.  In the end, nothing matters unless one maintains a basic level of health.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law, and consider that the focus of happiness begins, both in Eastern and Western thought, with the maintenance of one’s health, where mind and spirit must both retain a constant level of vitality in order to live a meaningful life.

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.

 

FERS Medical Retirement from OPM: Forged Perfection

We tend to think that perfection is some entity “out there”, and we only have to search for it and find it.  Thus do we believe that the “perfect” marriage partner is out there; that the perfect career or job — and even the perfect life — is somehow in existence to be “gotten”, “had”, “embraced”, “met”.

Yet, people clearly have the wrong idea.  Perfection is forged; it is molded, hammered, worked upon; and like molten metal ready to be configured, it takes hard work.

People tend to think that all that is necessary in life is that “Aha” experience, where the gestalt-phenomenon is what is needed, and Nirvana then envelopes the unassuming.  The truth is, any “aha” moment is just the beginning; the years following — the hard work to forge that level of perfection not yet attained — are what will determine any semblance of perfection.

The delusions engage are represented in modernity by the extravagance of the Wedding Day.  On that day, the opulence and extravaganza seem to confirm the unfortunate falsehood, that if you just spend enough, if the wedding day seems like a day of perfection — then, aha!  Perfection has been achieved, and no further effort needs to be expended.

Unfortunately, such fairy tales do not occur.  Marriage, like anything and everything else worthwhile, must be forged.

For Federal employees and U.S. Postal workers who suffer from a medical condition, perhaps you mistakenly thought that you had the perfect career, the perfect job, the perfect life.  Or, perhaps not.  Regardless, such things as disabilities constitute those unexpected sidelines which disrupt and lead to a sense of disarray.

Contact a FERS Medical Retirement Lawyer who specializes in Federal Disability Retirement, and understand that anything worthwhile — any level of perfection — must be forged with effort and a worthy fight.

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: Deliberative Diversions

The concept can possess dual meanings — one, of a negative sense, and the other, of a more intentional, positive perspective.

Deliberative diversions, in the first category of meaning (more of a negative sense), entails an entity which attempts to engage you away from the central issue at hand.  This often occurs in political ads, where certain red-hot button issues are meant to provoke you away from more meaningful and thoughtful discussions.

It is represented most accurately by the age-old lawyer’s trick: “If you don’t have the facts on your side, argue the law. If you don’t have the law on your side, emphasize the facts.  If you have neither the law, nor the facts, on your side, then pound the table!”

Deliberative diversions, in the second level of meaning, is the recognition that focusing upon something for too long can have detrimental residual consequences, and it is a “good thing” to be deliberative in engaging in a diversion, if only to refresh yourself to go on and fight for another day.

However, there must always be a balance between the various projects of life, and as well, balance of the diversions deliberatively engaged in order to return to the main projects.  When that balance goes awry — as in having a medical condition which becomes chronic and unable to be set aside — then it is time to abandon all deliberative diversions and focus upon one’s health as a priority.

Federal Disability Retirement is meant to provide that context:  Of returning to one’s deliberative diversions once Federal Disability Retirement is attained.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law, and begin to get back to a life where deliberative diversions counterbalance the major projects still in your future.

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 Disability Retirement: Effectiveness

What does it mean, to be “effective”?   The dictionary definition will always include some synchronicity between “outcome” and “desired result”, but can one still be effective if one falls short of the goal desired?

If a football team goes through an entire season with a perfect record, but loses in the first round of the playoffs, has it failed to achieve its mission of “effectiveness”?   Similarly, if an up-and-coming company places a milestone-goal of 1 Billion Dollars in sales by year’s end, but misses its mark just shy of it, has it failed to be “effective”?

One may, of course, conclude that such analogies don’t always apply, as it often depends as to whether or not the goal itself is an “all or nothing” desired end, as opposed to a spectrum upon which success or failure depends and where there are varying degrees of differences which may result in a wide range of relativity.

For Federal Gov. employees and U.S. Postal workers who suffer from a disability, and where “effectiveness” is first gauged by looking at whether or not you can perform all of the basic elements of your job despite your ongoing medical conditions, the consideration as to whether it is time to initiate the process of filing for Federal Disability Retirement benefits under FERS, must in the end depend upon multiple factors.

Are you becoming deficient in performance?  Have there been any “conduct” issues?  Is your attendance becoming less than satisfactory?  Do you have a doctor who is willing to support your case?

In the end, “effectiveness” in a Federal Disability Retirement application has only one (1) desired result:  An approval from the U.S. Office of Personnel Management, under the FERS system.

In order to reach that desired result, contact a FERS Retirement Attorney who specializes in Federal Medical Retirement Law and let the synchronicity between “outcome” (an approval from OPM) and the “desired result” (early retirement based upon your medical condition) meet without a gap in between.

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.