Tag Archives: nationwide representation of federal employees

Connecting Two Important Dots in a FERS Disability Retirement Application

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In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is the nexus — the connections which are made between any two or more issues, concepts, evidence, etc. — which raises a Federal Medical Insurance Retirement application to meet the standard of required proof under the law. Such connections to be made are vital, and determine the success or failure of a Federal Medical Retirement application.

We have all encountered eccentric individuals in our lifetimes — whether of the proverbial “batty-aunt” who talks incessantly about things which nobody understands; or the “flighty friend” who can talk a mile-a-minute about a thousand disconnected issues all in one breath; or perhaps it is a chance-meeting with a stranger who, after a long conversation, one realizes didn’t make a bit of sense in anything that was said.

In conversation, one can engage in such language games which have little to no correspondence to reality, and not have to pay a price for such engagement.  In the world of Federal Disability Retirement, failing to make the necessary connections will most certainly lead to a denial of a Federal Retirement application.

Thus, the persuasive connection between one’s positional duties and the health conditions; the argumentative connection between the prevailing law and one’s factual statements; the impacting connection between the medical reports and the entirety of the submitted case; and multiple other connections — each must be carefully crafted.

In a world where we come upon a “noumenal” world (as Kant would state), and where our cognitive categories organize the disparate world we discover, establishing the necessary nexus between X, Y & Z is something which the Federal Disability Retirement applicant should never overlook.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Extended Weekend, the Subtraction of One, and the Addition of Another

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Extended weekends provide for an anticipation of restful joy.  It is always an admixture and conundrum of overdoing it, or not doing anything at all.  It is that extra day which allows for the gathering of friends and family without the unwanted pressure of having to get up the next day to engage the commute and the inherent stresses and problems of work.  That “next day” is that extra day off, and when one awakens, it is a delicious pleasure when one is reminded that work is delayed for another day.  The significance and symbolism of what the designated day is set aside for, is often lost in the very joy of leisure.

We may plant a token flag; or perhaps attend a children’s parade; but remembrances of solemnity are often replaced by the sheer joy of having an extended weekend.  Perhaps that is “wrong” for the soul and conscience of a country; but as a population which is characterized by an ethics of hard work and leadership, such extended weekends are nevertheless well-deserved.

For the Federal and Postal Worker who suffers from a medical condition, such that the medical condition impacts one’s ability and capacity to perform all of the essential elements of one’s job, the extended weekend is often viewed in a different light.  It is the addition of one, and the subtraction of another.  It allows for providing an additional day in which to rest and recuperate.  It subtracts a day from the turmoil of pain and suffering, exacerbated by trying to act as if one is okay.

The fact that the numerical postulate of adding and subtracting constitutes the identical day, is irrelevant.  Rest, recuperation, rehabilitation and respite from the work-a-day turmoil and stresses of life, may be suspended for a day.  Weeks are characterized by weekends of recuperative repose.  To add a day is to also subtract, and the peculiar math which one engages in, makes perfect sense to the Federal or Postal Worker who lives in pain, or who suffers from intractable depression, anxiety and panic attacks.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, is an option which needs to be considered by any Federal or Postal Worker who has come to a point of perspective described herein.  For that Federal or Postal Worker who abstracts the anticipated extended weekends as merely an addition of one, and a concomitant subtraction of the same, is merely delaying the inevitable, if for another day, another weekend, and until the next mathematical peculiarity is encountered.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: An Aristotelian Approach

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Aristotle’s Nicomachean Ethics has been the primary foundation for the Western paradigm of proper behavior in philosophy. Quite distinct from his obtuse Metaphysics, the ethical framework of Aristotle takes a pragmatic, almost Confucian approach to correct behavior — balancing context, temperament, timing and correct behavior in formulating a modulated encompassment of how one should act.

As with all things in life, there must be a “balance” — and a recognition that time and relative context of affairs must be taken into consideration before one should act. In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether one is under FERS or CSRS, one must similarly recognize that there is an insight into the balance of life before one can proceed with any action, whether it is an administrative action before the U.S. Office of Personnel Management, or before one’s own agency.

A Federal Disability Retirement application must be “proven”; as such, there is a distinction to be made between that which one “experiences”, and that which one can “prove”.

In such a context, sometimes a medical retirement packet may take some time in order to fully develop and evolve. Doctors may not be able to be approached immediately; instead, at the right time, and in the right manner, they may be willing to provide the necessary medical and professional support in order to make one’s Federal Disability Retirement case successful and productive.

The pragmatic approach which Aristotle used in his ethics is still relevant today: at the right time, in the proper context, and taking into consideration the temperament of others. In this way, success can be attained by possessing an insight and wisdom into the world of human affairs. This was the approach of Aristotle; and so it was with Confucius.

Sincerely,

Robert R. McGill, Esquire

FERS Disability Retirement: Supervisors, Agencies and H.R. Personnel

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I am sometimes pleasantly surprised at Supervisors — ones who actually recognize that an individual filing for FERS Disability Retirement does so out of necessity, and not out of any personal or professional spite against the Supervisor or the Agency, and that the proper response to convey is one of support, empathy, and cooperation, without needing to compromise the goal and mission of the Federal Agency or Postal Service.  Further, I am often taken aback by the unprofessional and utterly unhelpful attitude of many Human Resources personnel in the processing of a disability claim.

Too often, the H.R. person finds it his or her mission in life to be an obstacle to the smooth processing of an OPM Disability Retirement application under FERS or CSRS.  Yet, the law is clear (though not to many of the H.R. Departments at various agencies):  it is the Office of Personnel Management which has the sole legal authority to make a positive or negative determination on a Federal or Postal Employee Disability Retirement application; at the agency level, the role of the Human Resources person is to try and expedite and efficiently process the Federal Disability Retirement application.

Hopefully, those who have the positional designation of “Human Resources” will come to realize in the future what it all actually means:  he or she is supposed to be a “resource” (a positive one, for that matter) with a “human” emphasis.

Sincerely,

Robert R. McGill
FERS Disability Attorney

 

OPM Disability Retirement: Years Later, Still On the Rolls of the Agency

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The Postal Service is especially guilty of this, but many other Federal (non-Postal) agencies are also “negligent” on the issue of keeping an injured worker on the rolls for years on end.

Often, such “non-existent” Federal and Postal workers receive OWCP payments, or simply go on with their lives while unofficially still a Federal or Postal employee.  Never having been separated from Federal or Postal service, such individuals are still eligible for filing FERS Medical Retirement benefits because the 1-year statute of limitations has not been violated.

So long as a Federal or Postal employee files for Federal Disability Retirement benefits under CSRS or FERS within one year of being separated from service, you have met the statute of limitations.  If you were never officially separated from service, then your 1-year deadline never began.

Sincerely,

Robert R. McGill, Esquire
OPM Disability Retirement Lawyer

 

OPM Disability Retirement: The Right Timing

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Timing the preparation and submission, and ultimate separation/retirement from Federal Service in getting Federal Disability Retirement benefits under FERS or CSRS is rarely a method of precision; it is closer to art than it is to science.  That is because there is the “human” element involved — of when does the medical condition reach its critical point where one cannot withstand the daily and chronic pain; is the doctor ready to support the Federal Disability Retirement application; is the Agency sympathetic or suspicious; can the reduced finances be worked out for a livable standard of living; will the future allow for all of the elements to coalesce?

There are many, many such human elements which must come into play.  All too often, however, the “right time” for contemplating filing for Federal or Postal Disability Retirement benefits is simply determined by external circumstances, such as reaching a critical point in one’s medical condition such that there is simply no other choice left, as opposed to being able to rationally and calmly make an affirmative decision for one’s future.  Whatever may be the particular and peculiar circumstances of a given Federal or Postal employee, the time to consider preparing a FERS Disability Retirement application must be a decision made by each individual, based upon that individual’s unique circumstances.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Applicant’s Statement & Essential Elements

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When an applicant for FERS Disability Retirement benefits begins to craft his or her Applicant’s Statement of Disability, certain foundational questions must be considered before composing the historical, emotional, substantive and impact-descriptive narrative.  For instance, to the legal criteria, to be eligible for Federal Disability Retirement benefits, one must show that one’s medical conditions prevent one from performing one or more of the essential elements of one’s job — the initial and most foundational question obviously is:  What are the “essential elements” of one’s job?

Now, that may seem like a simple — even simplistic — question.  One needs only to look at the official position description and pick out the major factors of the position.

If only it were that easy.  For, there are many “implicit” essential elements which are not explicitly stated, and it is often those unspoken, “un – described” elements, which are directly impacted by one’s medical conditions and disabilities, which must be creatively woven into the narrative of one’s written statement.  Always remember to take care of the “foundational” issues first; thereafter, the narrative can extrapolate from the major factors of the position description.

Sincerely,

Robert R. McGill
OPM Disability Lawyer

 

OWCP Claims v. OPM Disability Retirement

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I still get periodic telephone calls with much misinformation, mixing terms applied to FERS Disability Retirement with “Department of Labor Retirement” or Worker’s Comp retirement.  While there are indeed people who remain on OWCP temporary total disability for years and years, OWCP/DOL is ultimately NOT a retirement system.  It is a system meant to pay for injured Federal employees and Postal workers while he or she is recuperating from an on-the-job injury.

The Department of Labor thus does everything in its power to get the injured worker back to work, by various means:  assigning a nurse to “oversee” the treatment and “progress” of the worker; by sending the injured worker to second opinion doctors to see if there is a medical opinion different from one’s treating doctor; and other means which have nothing to do with the patient’s best medical interests.

I don’t handle OWCP claims; however, because many individuals who file for Federal Employee or Postal Disability Pension benefits under the CSRS or FERS pension systems have intersecting OWCP issues, also, I have some “on the job” knowledge of such issues.  Ultimately, a Federal Government worker must decide between the two systems, although one can file for both benefits concurrently, one can only receive from one or the other — not both at the same time.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Reconsiderations

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The Office of Personnel Management does not give a decision over the telephone.  At least, that is their stated policy.  They ask that you instead wait for their written decision, which will be “sent in the mail shortly”.  Sometimes, of course, either by the tone of the conversation or by some slip of the tongue, one can discern whether or not a Federal Disability Retirement application has been approved or denied.  But such “guessing” can be a dangerous endeavor to engage in, and as such, I follow the very policy of OPM and will not convey to my client any “internal thoughts” following upon any discussions with an OPM representative. 

First of all, I find that calling an OPM representative too often is counter-productive; they are overworked as it is, and repeatedly inquiring about the “status” of one of my cases only irritates them further, and there is always the danger of having it denied simply to get rid of it (aghast — can this possible ever happen?)  Second, I made the mistake many, many years ago of once telling my client that his/her case had been approved, when in fact it had been denied.  I learn from my mistakes.  Hopefully, my experiences gained from such mistakes have made me wiser today.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Time

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Time is of the essence in almost everything we do.  There are timed deadlines for filing a Federal Disability Retirement application; a great amount of time is taken in the bureaucratic processing of the application; greater time is taken by the Office of Personnel Management in reviewing, analyzing and deciding upon a Federal Disability Retirement application; appeals to the Merit Systems Protection Board require time within which one must prepare a viable case before an administrative judge, etc.

Time is a presence in every aspect of our lives.  But within that framework, a comparative analysis of time should always be taken into consideration.  To “rush” the preparation of a disability retirement packet is often penny wise but pound foolish; care and patience should always be taken, both in the writing, preparation and filing of anything to be submitted to a Federal bureaucracy; the Office of Personnel Management is no different.  Rushing something in order to “save time” is often counterproductive.  To take the time to prepare an excellent disability retirement packet will actually save time in the long run.

Sincerely,

Robert R. McGill, Esquire