FERS Medical Disability from OPM: Goal Posts and Definitions

In modernity, we have taught our kids that rules don’t matter, that we can subvert, avert, avoid and appease; if you don’t like the goal post, dig it up and move it; or, if you don’t like the rules, change the definition.  No one complies, anymore.  We no longer say or have the attitude of: Okay, rules are rules, we have to obey them.

Instead, because we are a country of lawyers, where argumentation and logical conformity are not based upon unquestioned acceptance of normative rigidity, we say:  Why should X be defined as Y?  Why does a goalpost have to be situated within X-number of feet of the demarcation-line?  Let’s move the goal post; let’s change the definition; let’s perform linguistic gymnastics and open-language surgery upon rules, definitions and mandates we don’t agree with.

Where did that defiance against conformity come from?  From whence did it originate?  Was it because the Post-WWII generation and beyond decided that all punishments were cruel, that delayed-gratification was a sin, and everyone should get a prize for participation, and there should be no acknowledgement of “winners” as opposed to “losers”?

Fortunately, in some areas of life, goal posts must yet remain within the confines of the end zone, and definitions must remain somewhat unchangeable and static.

For example — in the arena of Federal Disability Retirement Law.  Yes, the U.S. Office of Personnel Management can often ignore “the law”; and yes, OPM can sometimes mis-state the regulations governing Federal Employee Disability Retirement Law.  But when they do, there is always the potential danger that if it gets to the Third Stage of the complex bureaucratic process, the Administrative Judge at the U.S. Merit Systems Protection Board will “correct” the error, the mis-statement, the mis-application, and right the wrong.

Additionally, it is a good idea to have a FERS Attorney who specializes in Federal Employee Disability Retirement Law throughout the retirement process, in order to make sure that OPM is not moving the goal post, and is not bending the definitions as delineated in statutory authority.

Contact a FERS Disability Attorney who specializes in Federal OPM Disability Retirement Law, and make sure that the goal posts are not being moved, and the definitions are not being compromised.

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 Law: The Compelling Reason

We have come to interpret such a concept as one which must rise above the mundane.  A “reason”, in isolation, is simply not enough; instead, it must be “compelling” — that break between a pause and a human action.

People act or remain dull and passive for all sorts of reasons, whether silly, valid, inappropriate or otherwise uninspiring; but when the words which form a basis for sudden action, where even the dullard is spurred into a frenzy of intensity otherwise resembling a sleeping dog on a rainy afternoon where even rabbits ignore its presence — then we know that the “reason” was indeed “compelling”.

Most words and concepts merely lead to other words and concepts; sometimes, they are related; at other times, whether by accident or by deliberation, a logical and causal connection may be recognized between conceptual spheres.  But it is the rare animal when an action results from a word — otherwise known as a reason.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition or injury prompts a call to a lawyer who is an OPM Federal Disability Retirement Lawyer, the “reason” which is “compelling” is quite obvious: The medical condition has come to a critical juncture such that the Federal or Postal worker is concerned enough to know that it has begun to impact the Federal or Postal employee’s ability and capacity to perform the essential elements of one’s Federal or Postal job.

That is a good thing — to act upon the compelling reason and not let inertia become the prefatory basis of a reason otherwise unstated.

Sincerely,

Robert R. McGill
Federal Disability Attorney

 

OPM Disability Retirement under FERS: Other Places, Other Times

People study history for various reasons: the interest of other times, the peculiarity of other places — and yet the similarity of people no matter what the historical context.  Other places, other times, reveal to us the pattern of behaviors engaged in across time, cultures, historical contexts and prevailing dogmas which dominated a particular society, civilization or epoch of noted influence.  It gives us a perspective and, often for the good, a sense of knowledge that other places, other times are not too dissimilar from the one we are currently experiencing.

Do we repetitively make the same mistakes as generations past?  Likely.  Are we wont to repeat them in the future?  Yes.  Do we ever learn from our mistakes?  Unlikely.  Human beings, for the most part, do what they want to do, and then scramble to gather the justifying reasons for having done them.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition necessitates preparing, formulating and filing for Federal Disability Retirement benefits under FERS, know that in other places and at other times, Federal and Postal employees have successful fought with the U.S. Office of Personnel Management and have won their Federal Disability Retirement benefits despite the unfair advantage which OPM holds over you.

Consult with a Federal Disability Retirement Lawyer and know that an experienced Federal Disability Retirement Lawyer has the experience that in many other places, at multiple other times, success has been achieved in preparing, formulating and filing an effective Federal Disability Retirement application under FERS.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement under FERS: The Promise

Can you make a promise to yourself?  What would that look like?  Would it be valid and binding?  If not, how would we “prove” it?  Perhaps in a similar manner as Karl Popper’s “falsification” approach — of being able to come up with conditions under which a theory or a posited application can be “falsified”?

Take the following hypothetical: A man sits in a cafe and is clearly upset; perhaps he makes unconscious heaving sounds, and tears stream down his face.  A friend of his happens to visit the cafe, enters, sees his friend in distress and sits down at the same table, uninvited.  “What’s the matter?” the friend asks out of concern.  Hesitant but clearly wanting to share his feelings, the individual queried answers, “I broke a promise, and I feel really terrible about it.”  Pausing — for, despite being his friend, this particular person has a reputation for exaggeration and overstatement — he forges onward bravely and asks him to “share” his story, believing that empathy is the better part of valor.  “Well, I made a promise that… [and the reader can fill in the blank following the ellipses].  And I broke it.”  The friend, concerned and puzzled, asks: “And who did you make the promise to?”  The distraught Person A looks up, tears still streaming down his face and states calmly, “To myself, of course.”

Can such emotional turmoil remain commensurate with the fact of a broken promise made to one’s self?  Can a unilateral promise be binding, or can it be broken with as much ease as the creation of it in the first place?

We all make promises to ourselves, and perhaps an argument can be made that the very essence of “character” and “integrity” is revealed in how scrupulously one abides by those promises made and kept by and to one’s self — even if others don’t know about it.

For Federal employees and U.S. Postal workers who must contemplate filing for Federal Disability Retirement benefits under FERS, through the U.S. Office of Personnel Management, the promises made, thought of, kept or broken may make a long list in a cruel world of treachery and misstatements.  Perhaps you made a promise to yourself that you would make the Federal Service into your lifelong career; or, perhaps it has to do with not wanting to “give up”.  Whatever the promise, life intervenes and we all have to adapt to the changes of tumultuous circumstances.

Filing for Federal Disability Retirement benefits under FERS is never a broken promise, no matter the soliloquy spoken or thought left unspoken; rather, like the friend who comes into the cafe to give some comfort, it is a reminder that there are choices and options in life that may be a better fit than to remain miserable with a job that is no longer consistent with your medical conditions.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement under FERS & CSRS: That child we remember

It is as if we hold, within the inner eye of one’s consciousness, a fading photograph of an innocent, pure child – that child we remember before…

Before what?

Perhaps, the breaking up of a romanticized recollection of an intact home; or a period of natural rebelliousness marking a distancing from the carefree hugs, kisses and unselfconscious holding of hands, when puberty becomes the demarcation point of silly alienation; or maybe just before simply entering into the world of cynicism and loss of innocence.

Afterwards, does it continue to provide a positive impact to carry about the mind’s eye a picture of that child we remember?

After what?

After a lifetime of human encounters reflecting the soil of evil, meanness, indelicate indifference and manipulative motives suspicious of unclean thoughts and insensitive undercurrent of capricious targeting.  In those instances, how does one remain pure and reflect the innocence of that child we remember, without becoming destroyed in the process and becoming a mirror image of that which we attempted to resist throughout our lives?  For, isn’t that the fight we strive throughout – of trying not to be like the uncaring parents who neglected, the failed relationships we tried and the backstabbing friendships that we discovered too late?

We try and harken back to that child we remember, knowing always that we will never quite ever recapture that moment forever lost, and simultaneously recognizing that it is not an achievable goal, and even something not necessarily desirable to attain.  Yet, in the subconscious of our private and compartmentalized souls, we always hold an image of that child we remember, and believe that somewhere in the essence of our very souls, there is that remnant of a spark that has survived the evil detritus of the world around us.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal employee or U.S. Postal worker from performing one or more of the essential elements of the Federal or Postal job, the realization that the end of a promising career may soon come to fruition will often recall that child we remember, if only because the uncertain future which looms ahead parallels the innocent fear that the child of yesteryear felt with trembling insecurity just before…

Preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is the next step to protect one’s future before proceeding to the next stage of one’s life, and the process of enhancing one’s chances for a successful maneuver through the complex bureaucratic maze at OPM is best accomplished by consulting an experienced attorney who specializes in Federal Disability Retirement Law, and to help keep the flame alive of promises kept for that child we remember.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: The Value of Consistency

Consistency establishes validity; validation results in enhancement of credibility; and credibility prevails over minor errors and unintended oversights.  In analyzing a narrative, or engaging in a comparative analysis of two or more documents, it is the factual and historical consistency which allows for a conclusion of validated credibility. When a pattern of inconsistencies arise, suspicions of intentional misdirection beyond mere minor error, begins to tinge.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, or even CSRS Offset, the question of sequential order of documentary preparation is important.  Such relevance on this matter can be gleaned if the preparation is looked at retrospectively — not from the beginning of the process, but rather, from the perspective of OPM and how they review and determine cases.

With that perspective in mind, it is important to prepare and formulate one’s Federal Disability Retirement application based upon the appreciated value of consistency, and as consistency of statements, purpose, coordination of documentary support and delineated narrative of one’s disability and its impact upon one’s inability to perform the essential elements of one’s positional duties is recognized, an effective Federal Disability Retirement application will be formulated with deliberative efficacy, and where retrospection through introspection will result in increasing the prospective chances of success.

Sincerely,
Robert R. McGill, Esquire