Getting Legal Advice and Guidance

The worth of advice is unique in that it is valued based up multiple facets of judgments: the source of such advice; the reputation and historical successes of that source; the soundness of the advisory statement, based upon all information available; and, ultimately, the receptiveness of such advice on the part of the person who seeks it.  When advice falls upon deaf ears, of course, then the very value and effectiveness of such advice has been lost forever.

In the legal arena, there is an added component — that the attorney is unable to, for obvious ethical reasons, to render advice unless there has been established an attorney-client relationship.  The “obvious reasons” have to do with the fact that proffering advice in particular circumstances can only come about if and when an attorney has received the confidential and specific information pertaining to a “client”.  Guidance of a general nature, without reference to individualized details, can be given in a generic sense.

In Federal Disability Retirement law, where each case is unique because of fact-specific medical conditions, position descriptions which are impacted by the particularized medical conditions of the individual case, and the nexus which must arise with the interaction between the two — because of this, legal advice must be tailored within a context of an attorney-client relationship.

General guidance can be given; but the Federal or Postal employee seeking help in preparing, formulating and filing for FERS Disability Retirement benefits from the U.S. Office of Personnel Management should understand that the importance of getting good legal advice is dependent upon the value and worth the Federal or Postal employee places upon his or her unique and individualized case.

Sincerely,

Robert R. McGill, Esquire
Federal & Postal Disability Lawyer

Attorney Robert R. McGill specializes in FERS Disability Employment Law, helping Federal and Postal employees across the nation secure their Federal Disability Retirement benefits.  You may contact him over the phone to receive a free and confidential 30 minute initial case evaluation.

Internet Information

Previous articles and blogs have written quite extensively about the distinction and conceptual differentiation between information and knowledge, and the fact that exponential quantification of the former (information) does not necessarily result in a qualitative increase in the latter (knowledge).

A similar argument can be made for the “reputation” of an individual.  It has been pointed out on many occasions to this writer that various readers have read many “positive” things on various websites which discuss Federal and Postal Disability Retirement issues.  While such complimentary statements are certainly better and more welcomed than negative ones, nevertheless, one must recognize the age-old principle that where good things may be stated, the very opposite can also occur.

Reputation is built over time; not everyone can be pleased for all of time; and information which is hastily posted on the internet may or may not be the full story, leaving aside whether or not it is based upon facts or knowledge.

The plethora of blog writers, websites which merely promote one’s self and reputation — all must be evaluated and analyzed within a greater context of a span of time.  Many writers seem to think that quantity is the key to success — that by repetitively reiterating “key words and terms”, that the internet traffic will increase, and since most people don’t take the time to read, evaluate and discern in a careful manner, such an approach provides for moderate success, if “success” means reaching the greatest number of people.  But preparing, formulating and filing a FERS Disability Retirement application must necessarily contain the element of care, meticulous preparation, and thoughtful formulation for the future.

When an attorney is considered for representation, the choice should be made based upon multiple factors: knowledge, experience, reputation and accessibility being some of the chief elements to be considered.  Quantity of information is good; quality of information is better; and in the greater context of all such information concerning Federal Disability Retirement benefits from the Office of Personnel Management, careful consideration of all of the relevant factors must be taken.

Sincerely,

Robert R. McGill, Esquire
Federal Disability Retirement Attorney

Any publications viewed on this blog are intended to provide general information only and are not intended as a source of legal advice.  As laws are always in a state of change, we can’t guarantee the accuracy of the information under these publications.  For current updates of laws and rules, and to get a personalized assessment of your individual claim, please contact the author for a free initial consultation.

Lack of Planning

A common consensus among those who contemplate filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management is that it is an unplanned event, and one which required decisions which shortened the career goals of the Federal or Postal employee. Such an unplanned event, however, should not be left for lack of planning of the event itself — of preparing, formulating and filing for the FERS Disability Retirement benefits from the U.S. Office of Personnel Management.

Thus, a distinction should be made: yes, the fact of the medical condition, and its unplanned impact upon one or more of the essential elements of one’s job, thereby cutting short the Federal or Postal career of the individual, is quite often something which is unexpected and beyond one’s control.

Once the realization that it is necessary to file for FERS Disability Retirement benefits from OPM becomes apparent, however, one should not simply act in a manner which compounds the problems of lack of planning. At that point, planning is essential to the entire endeavor: the garnering of support from the medical community; the persuasive conversation which one must have with one’s treating medical provider; the decision of which medical conditions to include, how to state it, what to state; the preparation of the coordinated aspects of each of the strands of a Federal Disability Retirement application — these need to be planned for, in order to increase the chances of success at each stage of the Federal Disability Retirement process.

Sincerely,

Robert R. McGill, Esquire
Federal & Postal Disability Retirement Attorney

Disclaimer: The hiring of a Federal Disability Retirement lawyer, or any attorney in general, is an important decision that should not be based solely upon advertisement. In some jurisdictions this site may be considered advertising. Before you decide, contact Attorney Robert R. McGill for information about his qualifications and experience in the field of Federal Disability Retirement law.

Apparent Normalcy

One can venture and maneuver through this world with a semblance of normalcy, where from all outside perspectives, a person is untroubled and unencumbered.

There are multiple complexities inherent in such a perspective, of course: what constitutes “normal”; to what extent do individuals have a responsibility in assessing and evaluating a person’s private world; as well as the problem of infringing upon the privacy of others, and the desire of the other to allow for any intrusion, whether consciously or subconsciously.

For, each person constructs multiple layers of privacy zones — from the proverbial picket fence, to one’s own private bedroom; to the gates of a home; but always, the foundation begins within the walls of the skull of one’s brain. For, the gatekeeper is always maintained by the individual, as to what is allowed in, and what is manifested for others to observe.

For the Federal and Postal Worker who is beset with a medical condition, such that he or she must contemplate filing for Federal Disability Retirement benefits, whether under FERS or CSRS, with the U.S. Office of Personnel Management, it is often the preparation of the actual forms which is the first manifested evidence of an impacting medical condition.

All throughout the previous many years, the apparent normalcy has been closely protected; great performance ratings, minimal leave taken, and daily smiles and platitudinous greetings; until the Federal or Postal worker arrives at a crisis point.

This is the apparent face and semblance of normalcy — the surprise of others, of the regretful and remorseful comment, “I just never would have realized.” Or, perhaps it is the indicia of the busy world in which we all live, which allows us to lack any compassion to notice.

Sincerely,

Robert R. McGill, Esquire
Federal Disability Retirement Lawyer

Robert R. McGill is a FERS Disability Retirement attorney, that is, a lawyer who specializes in helping Federal and Postal employees secure their FERS Disability Retirement benefits, a practice area he dedicates 100% of his time.  For more information about his legal services, publications and forum, please visit one of his legal websites and blogs available through the Internet.

Major Depression

Federal and Postal workers who are inquiring about filing for FERS Disability Retirement benefits often lack any context as to his or her own particular situation, in relation to the greater Federal and Postal workforce.  Let me elaborate: a Federal or Postal employee who suffers from chronic and intractable Major Depression, despite being placed on various psychotropic medications, and having undergone psychotherapeutic intervention, and (in more serious cases) hospitalization for intensive treatment — often believe that his or her “situation” is unique, isolated, and rare. It is not.

When an individual suffers from Major Depression, it is common to feel isolated, as if the particular psychiatric disorder is unlike other medical conditions (e.g., physical medical conditions which can be ascertained by an MRI or other diagnostic tools).  This is part of the very medical condition itself — of feeling isolated and trapped, and unable to escape from one’s own plight.

Indeed, Federal and Postal employees who suffer from Major Depression often ask me the “how many” question — how many people do you represent who suffer from Major Depression, as if numbers correlate to security.  While I am very protective of client confidentiality and information related to my clients, it can safely be said that a “great many” Federal and Postal employees suffer from Major Depression, that it is not uncommon, that your co-worker sitting beside you may suffer from it, and that such sufferers work hard to hide it.

Further, the success in filing for, and obtaining, Federal Disability Retirement benefits under FERS is no less than any other medical condition.  Thus, for those who suffer from Major Depression and are contemplating filing for Federal Disability Retirement benefits: you are definitely not alone.

Sincerely,

Robert R. McGill, Esquire
Federal & Postal Disability Lawyer

All the articles that appear in this publication are copyrighted.  Also, they may or may not have been previously published in other Federal Disability Retirement websites owned by the author or in other third-party publications.

 

The Subjective Experience of Pain

Pain by definition is “subjective”, if by it one means that the experiential verification of the condition is uniquely possessed by the “I”, or the subject of the experience. By contrast, that which is deemed “objective” is presumably validated by more than the possessor of the experiential condition — i.e., by third parties; by testing for the validity and verification of an event through means other than the personal narrative of a singular subject. Yet, if verification of an experience is accepted merely by sheer volume of a collective consensus, then most scientific revolutions in advanced discoveries would never have survived.

In Federal Disability Retirement law, it is often the argument of the U.S. Office of Personnel Management that the Federal or Postal applicant has failed to provide “objective” medical evidence in presenting his or her case. The narrative of having a condition of “chronic pain”, or “severe pain” — being “subjective” by definition — is not deemed “objective“, and therefore cannot be the valid basis alone for a FERS Disability Retirement case (or so the argument by OPM is often presented). Even the results of an MRI will not necessarily satisfy the scrutiny of OPM; for, ultimately, an MRI can only reveal an observable abnormality — not that a person experiences “pain”.

Fortunately, there are a number of cases in law which rebut OPM in their attempt to bifurcate between “objective” and “subjective”, and such legal tools should always be cited and applied in any Federal or Postal Disability Retirement application.

While pain may indeed be subjective by definition, the objectivity of a Federal Disability Retirement application should never be based upon what OPM deems as sufficient; rather, it is the law and the long history of legal guidance by the courts which should mandate how OPM acts. Indeed, if we let OPM’s subjective determinations rule the day, we would all be left in an existential state of pain — one which would then result in a collective consensus which may be deemed objective in nature.

Sincerely,

Robert R. McGill, Esquire
Federal Disability Attorney

This article and others in this blog may or may not have been previously published in the author’s other websites such as the Federal Disability Attorney blog, the FERS Disability Retirement website, or the Postal Service Disability Retirement blog.

The Doctor’s Perspective

In attempting to understand others, it is important to gain a perspective from which the third party views the world.  Understanding the third party perspective is a way to formulating an effective way of persuading a change in that person, if that is the goal.  Or, perhaps understanding X merely in order to accept the behavior or actions of the individual, is enough of a reason.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, it is often important to understand the perspective of one’s treating doctor in order to obtain the necessary support and administrative initiation of the medical provider.

From the doctor’s viewpoint, it is normally counter-productive in terms of treatment and therapy to declare, ascertain and deem that the patient is “totally disabled”.  Work is therapeutic; it allows for a teleological motivation which compels continuation in recuperative and rehabilitative terms.

Further, when this “fact” is combined with the general exposure of most doctors to other forms of disability benefits — state or federal OWCP benefits; Social Security Disability benefits; private disability insurance benefits — and rarely an encounter with FERS Disability Retirement issues, it becomes apparent why doctors often become reluctant and resistant to getting involved with the administrative process.  Federal OWCP benefits require an assertion of causality-to-employment; SSDI necessitates a declaration of “total disability”; private disability policies can often lead to depositions and legal responses.

Thus, everything that is counterintuitive to a doctor’s perspective of what is therapeutically beneficial to the patient, is potentially there when presented with a request for support in a FERS Disability Retirement case.

Explanation is the key to understanding; effective explanation should persuade and alter a perspective founded upon a misinformed foundation.  It is often necessary to explain the differences between FERS Disability Retirement benefits and the “others” which have previously polluted the waters of a pristine stream of thought.

Sincerely,

Robert R. McGill, Esquire
Federal Disability Retirement Attorney

Disclaimer: While every effort has been made to confirm the accuracy of this article, it is not intended to provide legal advice as individual situations will differ and should be discussed with a lawyer expert in the field of Federal Disability Retirement law.  For specific technical or legal advice on the information provided and related topics, please contact the author.

It’s a Federal Government Issue

Representation by an attorney who is licensed in one state, of a Federal or Postal employee who lives in another state, is accomplished in a Federal Disability Retirement application precisely because it is a Federal issue and not a State issue.

If an individual has a legal issue which he or she wants advice on, which concerns an event, issue or matter which involves a particular state’s laws, then obviously an attorney from the particular state should be consulted.

In obtaining a FERS Disability Retirement annuity from the Office of Personnel Management, however, it is irrelevant whether or not the attorney is from the Federal or Postal Worker’s state. For one thing, the agency which must be directly dealt with — the Office of Personnel Management — is located in Washington, D.C. (although the initial intake office is located in Boyers, PA).  OPM is the agency which handles all Federal and Postal Disability Retirement applications under FERS, and makes both the Initial Decision in the process, as well as any decision at the Second, or Reconsideration Stage.

In this technologically-centered world of ours, everything can now be handled by telephone, fax, express mail, FedEx, UPS, email, email attachments, etc. It is more efficient this way, and further, there are not that many attorneys who specialize in the field of Federal Disability Retirement benefits from the Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Lawyer

The legal articles published in this blog are intended for general information purposes only.  Reading this information or exchanging emails do not establish a lawyer-client relationship.  However, you may contact the author for a free case evaluation assessment by discussing the specifics of your case.

The Priority of Health

We must always take a pause and consider those things which we often take for granted, but which form the foundation of a productive life and career.  Health is indeed one of those “things” which are taken for granted. It is somewhat like automobile insurance: one never thinks about it, until one gets into an accident.

For Federal and Postal employees who are considering filing for FERS Disability Retirement benefits, health often becomes an issue with greater and increasing focal emphasis, precisely because the corresponding ratio between “effort expended” and “result obtained” becomes out of balance, where the chronicity of pain, discomfort, and inability to physically or cognitively engage in certain duties or activities, becomes pronounced the more one attempts greater efforts.

What to do?  Preparatory work in setting the foundation for a successful future formulation of a Federal Disability Retirement application begins with a good doctor-patient relationship. It is often a good idea to begin to confide in one’s treating doctor, for that is the basis of a future formulation in considering a FERS Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Lawyer

The information presented in this blog does not constitute legal advice.  This and other articles may or may have not been previously published in other websites including but not limiting the FERS Disability Retirement website, the OPM Disability Retirement blog, the Federal Disability Attorney blog, and/or other resources in third-party websites.

An Attorney’s Great Satisfaction

The final objective of the Federal Disability Retirement process is to obtain that “approval” letter from the Office of Personnel Management.  It resolves and sets aside the months of anxiety and stress compressed into a time of agonizing suspension from life’s ability to move forward; for, during that time of waiting, one cannot “move forward”, because without the knowledge of whether one can obtain the financial benefit of the FERS Disability Retirement annuity, one cannot make the decisions in life to make plans for the future.

It is of great satisfaction to an attorney to reach the “end goal” — to hear from the client that he or she has received the letter of approval from the Office of Personnel Management, and to hear the relief and joy in the voice of one who finally sees “light at the end of the tunnel” constitutes great professional satisfaction for the representing attorney. It means that the proper medical narratives were gathered; that the description of the client’s medical conditions and their impact upon the essential elements of one’s job was properly formulated; and it means that the legal argument presented to the Office of Personnel Management was persuasive.

Client satisfaction means a lot to an attorney; for one who solely specializes in Federal Disability Retirement Law, to see the end product — the obtaining of a FERS Disability Retirement annuity — is of great professional satisfaction.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Lawyer

The website is only general information.  Your use of this blog does not create an attorney-client privilege nor is the information provided via the website.  Nothing published via this website is legal advice.  However, you may contact the author, Attorney Robert R. McGill, for an initial free consultation to discuss the specifics of your particular case.