Tag Archives: whatever attitude you have about your claim preparation is the important ingredient

Federal Worker Disability Retirement: The Proverbial Cup, Half Full or Half Empty

It is the classic metaphor by which we judge a person’s outlook and perspective on life; and whether influenced or determined by nature or nurture (and whether we repackage the issue by surrounding ourselves with linguistic complexities of scientific language encapsulating DNA, genetic predisposition, or social welfare conversations), the judgments we place upon people are more likely based upon mundane and commonplace criteria:  Does he uplift or depress?  Does she smile or frown?  Do you see the world around as a cup half empty, or half full?

But such stark bifurcations which colonize individuals into one classification or another, are rarely statements of ultimate truth or reality.  More likely, life is often a series of missteps and opportunities unclaimed.  Even waiting too long in making a decision can then result in an option lost, an alternative missed.  The complexity of life’s misgivings often confound us.

For Federal and Postal employees who are beset with a medical condition such that the medical condition prevents him or her from performing the essential elements of the official positional duties one occupies, the choices are not always clear precisely because the prognosis of future abilities and capacities cannot always be predicted with accuracy.  But at some point in one’s career, the choice between the half-filled cup and the half-empty one becomes more than an encounter with a proverb.

The medical condition itself may mean that one’s cup is half empty; but what one does in response, will determine whether the future bodes for a half-filled cup.

For the Federal and Postal worker, filing a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether under FERS or CSRS, is a step which can become a positive direction forward, or a misstep because of hesitation, procrastination, or even a predisposed genetic determination of an inability to engage in decision-making.

But nothing is ever forever; today’s half-filled cup can be refilled tomorrow, and Federal Disability Retirement can help to ensure one’s financial and economic security for the future.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: The Backbone of Agencies

While the greater geopolitical standoffs continue, it is always the backbone of the agencies which is most profoundly impacted.  The Federal and Postal Workers (yes, fortunately the latter are exempted from the shutdown) who daily toil and keep government services running, are sent home only to return when the whims of compromise decide to restart the indifferent bureaucracy.

For those Federal Workers who suffer from a medical condition which impacts one’s ability to perform the essential elements of the job, the backlog of work will only mount, putting greater pressure upon the need to toil harder.  The backlog will only exponentially increase at the U.S. Office of Personnel Management, also, and at each agency’s Human Resources Department which processes all Federal Disability Retirement applications, whether under FERS or CSRS.  Postal Workers are somewhat more fortunate, in that the H.R. Shared Services remains open to process all Federal Disability Retirement applications; but forwarding them to the U.S. Office of Personnel Management will only await the opening of their doors.

Lines will be forming; but for the Federal Worker who cannot perform all of the essential elements of one’s job, the most important thing to do right now is to get in line, prepare one’s application, and submit it as early as possible.  Backbones aside, there will be much work for OPM once the Federal Government is up and running, again.

For the Federal and Postal Worker preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the virtue of patience will again be tested.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Preparatory Steps

Every excellent endeavor requires preparation, whether in purchasing the proper ingredients, of establishing and entering into a proper mental state of mind, or perhaps in performing preliminary stretching exercises to enhance muscular flexibility and loosening for rigorous physical activity.

Lack of preparation is not a necessary prerequisite for success, but it may well be a sufficient basis of failure.  In logic, the conceptual distinction between that which is “necessary”, as opposed to what is “sufficient”, is an important bifurcation of causal implications.  That which is sufficient, may not be necessary; and that which is necessary, may not alone be sufficient in reaching result X; but the combination of sufficiency and necessity will cause X to be achieved.

Thus, adequate preparation alone may be necessary for the best possible outcome, but it may not be sufficient; and, conversely, the utmost of preparation may be sufficient to accomplish a task, but it may not have been necessary all along.

In preparing to formulate and compile a Federal Disability Retirement application, submitted to the U.S. Office of Personnel Management, whether under FERS or CSRS, it is always a good idea to engage in the fullest preparatory tasks before filing for the benefits.  Not every act of preparation may be sufficient, but most are necessary; and while even the necessary tasks may not constitute sufficiency, it is the compendium of aggregated causal linkage which will ultimately ensure the greatest potentiality for success in the endeavor.

Logic aside, one will never be harmed by the extent of preparation.

Preparation for obtaining the best possible medical report; preparation for formulating an effective statement of disability; preparation in establishing the causal connection between the former and the latter; all of these are necessary for a compelling Federal/Postal Disability Retirement application, and in most cases, will establish a sufficiency which meets the legal criteria for eligibility for Federal Disability Retirement benefits, whether under FERS or CSRS, for the Federal and Postal employee.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Always Prepare for the Eventuality

The “cut and dry”, “slam-dunk”, “no possibility of denial” case rarely exists.  In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, the approaching attitude of humility, caution and scrupulous care for detail should always dominate, and any attitude that one’s Federal Disability Retirement application should be treated as a “given” will often backfire.  

Such an attitude, however, should be distinguished from one of confidence.  

If one has properly prepared one’s case, with scrutiny of detail, meticulous compilation of medical evidence, technical application of legal citations and attention to creating the nexus between one’s medical conditions and the positional duties of one’s job, then the Federal or Postal employee should be confident that the Federal Disability Retirement application, whether under FERS or CSRS, will be approved, whether at the Initial Stage of the administrative process, at the Reconsideration Stage of the process (both at the Office of Personnel Management), or at the “legal” forums — the Merit Systems Protection Board, the Petition for Full Review, or the Federal Circuit Court of Appeals.

What is always important throughout the process — whether with an attitude of confidence, humility, or even arrogance — is to prepare the foundation for each stage, with an eye towards the next stage.

Thus, careful preparation — of thoughtful and concise legal citations and arguments — are not necessarily for the “present” stage, but always for the future.  For, everything that one does in life should always contain an ingredient of preparation for the future, and for a future eventuality; preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS is no different.

Sincerely,

Robert R. McGill, Esquire