Federal & Postal Disability Retirement: Case Development

Are all cases at the same stage of the process?  Isn’t this the same question as: Are all people at the parallel stage of maturity?

As life reflects reality in varying aspects of their sliced proportions, so every case is not at the same stage of the process.  Many Federal employees and U.S. Postal workers find themselves at a critical juncture in their careers, where filing for Federal Disability Retirement benefits has become a necessity and a step which can no longer be delayed.

Is every case ready for filing?  Likely not.  Should every case be filed, ready or not?  Only if the Statute of Limitations looms and necessitates it.  Is there anything nefarious in “developing” a case?  No.  However, there can be a slight distinction, subtle as it may be, in engaging a trail of medical documentation expressly for the singular purpose of establishing a Federal Disability Retirement claim, as opposed to doing it in order to seek medical attention.

Taking care of one’s medical condition, going to doctor’s appointments and establishing a consistency of compliance with a treatment regimen — these should all, first and foremost, be engaged in with the primary purpose of obtaining the proper medical care.

From that consistency of care, case development will follow; and for Federal and Postal employees seeking to obtain Federal Disability Retirement benefits through the U.S. Office of Personnel Management under FERS, the proper time for filing an effective Federal Disability Retirement application will come naturally as the case develops, which often needs the guidance and counsel of a FERS attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Certainty of Defeat

There is nothing more demoralizing than to “know” the certainty of defeat.  But that is the crux of the matter, isn’t it?  How does one “know”?  Certainly, one can balance the odds for and against; to take into account the factors which determine a statistical chance of success or failure; but does one ever have “certainty” in anything, or is it often merely a perspective of the glass being half full, or half empty?

Where the odds are overwhelming and objectively insurmountable: a 100-to-1 advantage that the opposing force has; a predetermined outcome that cannot be reversed; in such circumstances, then, what hope is there?  For, the only counterbalance to “certainty” is the glimmer of hope for some unforeseen “X-factor” that somehow saves the day.  On the other hand, it is the determination of “certainty” which extinguishes any flicker or flame of hope.

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, there is often the sense of an inevitability — a “certainty of defeat” — where the medical condition reveals a progressive march towards greater deterioration.

The counterbalance of hope is in the benefit of Federal Disability Retirement.  Yet, even that benefit — of a Federal Disability Retirement annuity — is not a certainty; it is, instead, a benefit which must be fought for.  The Agency which oversees the approvals and denials of a Federal Disability Retirement application — the U.S. Office of Personnel Management — does everything to try and find reasons to deny, deny, deny.

Does this mean that every application will face the certainty of defeat?  No — but it must be carefully prepared and effectively pursued.  To provide the greater counterbalance against the certainty of defeat, consult with an attorney who specializes in Federal Disability Retirement; for, as hope is the countermeasure to the certainty of defeat, so the lawyer is the one who can provide an objective perspective as to the potentiality for success.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Problem-Free Lane

There is that obnoxious scene in a nightmare of anguish: Of being stuck perpetually in a lane not moving, then turning and seeing an individual “cheating” the system by speeding down the HOV lane, laughing, carefree and unconcerned about being caught and ticketed.

Life’s rule includes the following, or seemingly does: That there are certain individuals who seem to “breeze” through life without the trials and traumas most of us have to go through.  Atticus, of course, cautioned that you never know what a person is experiencing until you walk in his shoes, and perhaps that is right.  Is there such a thing as a “problem-free” lane, or a care-free zone?  Are there lives which never have to face the problems seemingly inherent and commonly resplendent throughout most of everyone else’s?

Perhaps we fantasize about being wealthy — as if money would solve all of the ills which beset.  Is there a trade-off?  What if you became wealthy but became sick?  Well, you say, then grant me 2 wishes — wealth and good health.  Then another problem arises: Your loved ones are vulnerable.  So you want 3 wishes, instead: wealth, good health and protection for all of your loved ones.  Will that make you happy, or will life still present you with another lane that brings about a trial of unhappiness?

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 position, the idea of the “problem-free lane” of life is an unknown quantity.  Life is full of problems.  There is the medical condition itself; there is the loss of one’s employment capacity; and then, there is the problem of trying to meet the eligibility criteria for Federal Disability Retirement benefits.

Life doesn’t provide a problem-free lane, and if you are considering filing for Federal Disability Retirement benefits, consult with an attorney who specializes in Federal Disability Retirement in order to limit the problems to the extent possible in preparing, formulating and filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire