FERS Medical Retirement from OPM: Fiction and Falsity

Are the two the same?  Or, is it the awareness which bifurcates the two into a conscious difference?

Fiction is one thing, falsity, quite another.  When fiction is put forth as fact, then it is falsity by another name; but falsity is what it is from the very beginning; it does not transform like Kafka’s Metamorphosis because the intent behind the falsity was to deceive, to begin with.  Movies; novels; television shows — they all give us the fiction of entertainment; but how we embrace them and live our lives within the fiction of our own lives, blurs the distinction between Fiction and Falsity.

It is, perhaps, an insidious, incremental falsity which begins to invade our daily lives.  We watch such action films — of the Bourne Sagas, or the 007 series & Mission Impossible movies, and we begin to perceive the world as somehow inclusively integrating such fiction; perhaps in distant beliefs that our government reflects some partial psychosis of such representations.  And when we read or hear of governmental misdeeds, we harken back and say to ourselves: See?

What happened in those fictional movies actually happens, even though falsity would — or should — protect us from such absurdities.  But read a short story like Ferdinand von Shirach’s tale entitled, “Self-Defense”.  It is fiction, but clearly based upon his experience as a top Criminal Defense Lawyer in Berlin.  Is it “fiction”?  Yes, at least officially.  Is it Falsity?  Just as clearly — not.

It is beyond fiction or falsity, because it is real and true.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition prevents the Federal or Postal employee from continuing in your Federal or Postal job, it is always important to distinguish between Fiction, Falsity and the reality of your situation.

As the U.S. Office of Personnel Management is clearly an agency which is ready to pounce upon any indicia of fictional falsity, you may want to contact a FERS Disability Attorney who specializes in FERS Disability Retirement Law, to make sure that your representation of reality doesn’t cross the line into Fiction or Falsity.

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.

 

Postal & Federal Employee Disability Retirement: The Theme

Every story has a theme.  It is the topic, the “subject”, or just an idea — that recurs throughout the narrative.  For David Copperfield, perhaps it was the constant struggle between ignorance and knowledge; for Salinger’s Catcher in the Rye, maybe the phoniness of the life we lead in contrast to the author’s personally horrific experiences during WWII.

Every person’s life has a them; most of us, unfortunately, fail to recognize it, and it is this very failure which often leads to the repeated mistakes made throughout.

The story of one’s Federal Disability Retirement application should have a theme — one which is woven throughout one’s narrative in a Federal Disability Retirement application, especially in the Applicant’s Statement of Disability as delineated on SF 3112A.  Beset with dealing with the medical issues themselves, the Federal or Postal worker will often fail to recognize the theme — perhaps it is one of constant struggle for the past year; or, the progressive deteriorating as reflected in the medical notations here and there.

Whatever the theme of one’s story, a FERS expert in Federal Disability Retirement Law will be able to squeeze from the quietude of one’s story, the theme which overrides and pervades throughout.  Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law and begin to formulate your theme which will persuade OPM of the validity, poignancy and necessity of your Federal Disability Retirement application under FERS.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Winning Argument

Most arguments are not won by sheer force of logical persuasion; for, that would require the assumption that not only does everyone think “logically”, but that everyone also has been versed in the technicalities of propositional and syllogistic logic, has studied them and accepted them as overriding and dominant methodologies of discourse.

We like to harken back to the classical period of civilization’s cradle and cloak our biases with Aristotle’s dictum that we are all “rational animals” — implying thereby that our thought processes are powered by a predetermined set of algorithms characterized by the model of a supercomputer.  Yet, we — as fallible human beings ourselves — instinctively know better.  People do not think, leaving aside argue, by mere logical rules and discourses of such modalities; there are almost always other factors involved, whether of emotional ties, internal egoistical motivations or just the pure and unadulterated need to win at every engagement.

Aside from such human factors, however, is there an “objective” standard that characterizes a “winning argument”?

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, it is essential to put together a FERS Disability Retirement application with this in mind: How to effectively put forth your case with “the winning argument”.

The U.S. Office of Personnel Management is never there to “rubber stamp” a Federal Disability Retirement application.  They are there to parse, tear apart and potentially undermine, and it is important to recognize the pitfalls and shortcomings of your particular case before putting together arguments that will ultimately win your case.

Consult with an attorney who specializes in Federal Disability Retirement Law today so that you can begin to formulate “the winning argument” that will obtain an approval of your Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement under FERS: Future Robbing Present

How much time do we spend worrying about the future?

In this concerning age, where debts keep rising, expenses keep increasing, wages remain stagnant and instability around the world continues as a reality we are all faced with — the amount of time spent in anxious anticipation of a future not yet established is a reality which we all must constrain.

Planning for the future is a necessity; articulating plans and loosely following them, a nuisance; but what of worrying about a projected experience not yet upon us — is it a mere waste of time?

The future robs the present by keeping our focus outside of the experiences of the present; whether by brooding about it, being lost in thought for it or merely fidgeting with anxiousness towards it; it all amounts to the same:  The joy of a present experience is lost because of the worry which overwhelms us.

Of the past — we tend to relish or regret it; but inasmuch as it is something that has already occurred, we do not obsessively remain in that time slot; unless, of course, we fear the consequences of past actions upon future events.  But it is for present circumstances that may trigger future worries — as in a medical condition currently experienced that we project into the future as to the medical condition’s capacity to impact our anticipated lives.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition will likely prevent the Federal or Postal worker — in the future of, say, 6 months hence, 12 months beyond, 3-5 years of becoming — from performing one or more of the essential elements of his or her Federal or Postal job, it is always a good idea to consider early in filing for Federal Disability Retirement benefits under FERS.

If worry for the future is robbing the present, then it is time to consult with an Attorney who specializes in Federal Disability Retirement Law.  Worrying about the future will not change or alter the course of events yet to come; to prepare for a pathway towards such change for the future, it is wise to first consult with an experienced Federal Disability Retirement Attorney, lest the future come upon you unprepared and like a thief in the night robbing you of your present.

Sincerely,

Robert R. McGill, Esquire

 

Federal OPM Disability Retirement Claims: Advice

The great thing about it is that most people are willing to give it out in endless streams of inarticulate bosh for free, and the rest of us are at liberty to do with it what we want.  With the advent of the Internet, and more so with the consolidation of all things electronic into a single, hand-held device — the so-called “Smartphone” — in conjunction with search engines that leave memory banks and history’s previous requirement of recall and a sound education irrelevant, “advice” has become plentiful, whereas “sound advice” has left us wanting.

Wives are more than willing to give an endless abundance of it; coworkers, perhaps less so, although you always have to watch out for those aggressive, competitive ones who want to advance at the expense of your failure wrought by following error-filled ones deliberately given for subversive motivations; and children upon reaching the age of adulthood (and sometimes long before puberty makes them into ogres refusing to accept any semblance or whiff if given by the origin of parentage alone) need not accept it and for about a decade refuse to consider any advice given by the father or mother, until one day they begin to see that, Well, Dad and Mom weren’t so dumb after all.

Advice, in the end, is something we all need but few of us listen to, let alone follow or even take into consideration.  Yet, there are times and circumstances in life when it becomes necessary and almost mandatory; for, to follow a pathway outside of the norm (as Robert Frost so poetically articulates) may be well and good for adventure’s sake and youthful moments of wayward romanticism, it is not perhaps the best route to take when engaging a technical area of an endeavor.

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, advice on the law, the procedure, the formulation and the statutory mandates should be sought and followed, particularized and tailored to the individual and unique narrative of the Federal employee seeking FERS Disability Retirement benefits.

Advice from an experienced lawyer who specializes in Federal Disability Retirement Law should be a given; whether taken, will depend upon the soundness of both the counselor and the one who seeks it.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The developing case

Some things need time to develop; “news stories” are often those animals — of events that are “still developing”; or of relationships and stories, ideas and categories of things still in stages yet of potentiality and not of actualized inertia. Children develop; medical conditions, as well, are always in stages of potentiality — whether of a worsening condition or even of getting better.

For Federal employees and U.S. Postal workers who are in that “netherworld” of a developing case, where a medical condition is beginning to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, there is often nothing more frustrating than the feeling of being in a state of suspended animation — “suspended” because you know not what your status will be tomorrow or the next day; in “animation” because, although everything is still moving about and around, it is your career, your health and your life which is questioned and considered as questionable.

The developing case often involves multiple issues — of whether you have a doctor who will be supportive of your case; of whether you have the necessary time in service in order to be eligible; of whether you have given it enough time — and multiple other issues that, perhaps, cannot be affirmatively answered.  In such an event, guidance by an experienced attorney is needed in order to direct the Federal or postal employee through the maze of complex legal obstacles in preparing, formulating and filing an effective Federal Employee Disability Retirement application.

Like most of life’s struggles, the developing case needs to be planned and prepared well, and consultation with an attorney who specializes in FERS Disability Retirement Law is crucial to the successful outcome of a goal which is known, but cannot quite be reached because the path towards that goal is yet developing.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: The world of faded photos

There is an anomaly contained in the attempt to “save” faded photos; it is an oxymoron of sorts, where modernity erases the backwardness of yesterday, and yet, at the same time, wants to preserve it.

We have all heard about companies that exist which “preserve” outdated family movies, photographs and taped recordings of distant times; it is all placed, preserved, edited and presented in a convenient “thumb drive” or in some “cloud” in the ethereal universe of a web-based phenomena.  That faded photograph, beautiful in its brown crispiness of an elderly man or woman who looks serious, because in those days having one’s image preserved for posterity was a serious undertaking — in contrast to today’s selfies immediately downloaded and uploaded into a social medium that is quickly disseminated to countries worldwide in an instant, displaying a foolishness that would shock a generation or two of those removed from such technological “advancements”.

The world of faded photos is an universe of past histories now forgotten, frozen in time by a captured expression depicting a time before, now replaced by a time after, and forever remaining in the memories of those who have survived but now sit quietly in nursing homes of corners relegated to mere existence in darkening folds of dementia and antiseptic coils of plastic tubing extending lives beyond what the photographs themselves intended to display.

The world of faded photos defy the modern attempt to preserve that which was meant to last for a generation only, just as men and women try in futility to ignore mortality by cosmetic corrections that makes for appearances which procrastinate the inevitability of time’s ravages.

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, whether under FERS, CSRS or CSRS Offset, the world of faded photos is the one that you remember “before” the onset of the medical condition, and instead of attempting to “preserve” the photograph, it is best to recognize that the image you see in the mirror today is the one worth protecting, and not the faded daguerreotype of yesterday, and the best way to do that is to prepare, formulate and file an effective Federal Disability Retirement so that you can secure some semblance of your future, and not be frozen in the timelessness of the world of faded photos.

Sincerely,

Robert R. McGill
OPM Disability Attorney

 

Disability Retirement from Federal and Postal Jobs: Inconsistency and specificity

The two legal standards dominant in a Federal Disability Retirement case must often be alternatively applied depending upon the nature of the positional duties involved.  It may be appropriate to speak in terms of “functional capacities” and specified duty restrictions when it comes to physical work that involves descriptive mechanical work — i.e., being able to lift a certain amount (for most Postal employees, up to 70 pounds); bend, lift, stand repetitively throughout the day; or even in climbing ladders, remaining balanced while working on a scaffold; utilizing power tools, etc.

For more cognitive-intensive, focus-driven administrative/executive positions that require sustained and sedentary periods of consistent application, the more generalized standard as pronounced in Henderson v. OPM may be better argued — one of inconsistency and incompatibility between the job duties as a whole because of the cognitive dysfunctioning that results from the high distractibility of pain, lethargy from Major Depressive Disorder or paralyzing panic attacks from Generalized Anxiety Disorder, etc.

Or, take the work engaged by an Air Traffic Control Specialist — there is an admixture of the “inconsistency standard” as well as “specific” elements where sustained focus and concentration is reliant upon the safety and lives of hundreds, if not thousands, of people.

The two legal standards in a Federal Disability Retirement case are not mutually exclusive, and they need not be argued so before the U.S. Office of Personnel Management and beyond, at the U.S. Merit Systems Protection Board (MSPB).

Medical conditions need to be described in a “nexus-form” to the positional demands of a Federal or Postal job, for ultimately that is what a Federal or Postal employee who is filing for FERS Disability Retirement benefits is retiring from — a position description, and not necessarily the actual job that one is working at.

The disabling medical condition that the Federal or Postal employee is suffering from may both be inconsistent and possess descriptive specificity which require restrictions; and, conversely, it may be that certain elements of one’s Federal or Postal position description may require restrictions, leading to the conclusion that the position as a whole is inconsistent with the suffered medical conditions precisely because of the specific, 1-to-1 ratio of “essential element” to “identified medical condition.”

Thus can both standards be argued and used as a sword against OPM”s argument that “specific elements” need to be shown in each and every case, which is simply NOT the case.

Sincerely,

Robert R. McGill, Esquire
Postal & Federal Disability Attorney

 

Federal Disability Retirement: Tempering euphoria

Life presents a wide spectrum; it is the limitation of one’s mind that restricts the expanse of that endless stream flowing on either side.  Euphoria rises to the pinnacle of that swinging pendulum; the high that reaches, follows upon a subsequence reversal of the tidal wave, and comes crashing down in fits and tumults of dismaying turbulence.  Does it necessarily need to be contained?

In modernity, and in society generally, there is a level and pitch of discomfort when intense feelings and exuberant outbursts of excitement surpass a certain arc of acceptability; there is no rule or law governing the demarcation where acceptance, discomfort and outright rejection are dissected, but it is there nonetheless.  It is like the line between light and darkness created by a campfire in the twilight on a beach that reaches forever beyond the darkness of the sea; yes, somewhere the glow of the fire ends and complete darkness begins, but we can never perceive with clarity where that boundary lies.

Some neuroscientists ascribe to the view that the extreme of euphoria occurs when there is a simultaneous, concurrent activation of all hedonic trigger-points with the brain’s rewarding system of stimulus-responses, but surely many have experienced such a state without the coalescence of such a perfect storm?  As the antonym of dysphoria, it is perhaps another hidden vestige of our evolutionary past, where intensity of emotional response was necessary for survival in a state of nature.

In civilized society, however, tempering euphoria – except in limited circumstances of heightened stimulation within the privacy of one’s home and restricted to context-appropriate circumstances – is what is expected, presumed and demanded.  There is always somewhat of an experiential oxymoron when a person manifests an unfettered state of euphoria; somehow, we all suspect that behind the uncontrolled exuberance will follow a “down” state which closely aligns itself with depression and despondency.

Is there really anything wrong with unrestrained expressions of pleasure and happiness?  Or, are we just being old fogeys and fuddy-duddies when we raise an eyebrow to such unsolicited declarations?

For Federal employees and U.S. Postal workers who have filed a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the issue of tempering euphoria is applicable within the context of having contact with the U.S. Office of Personnel Management.  Waiting for months upon tiring months for OPM to respond can be exhausting.  Then, when a decision is made, one can become overwhelmed by the sheer revelation of information, whether euphoric or dysphoric.

Why tempering euphoria is important, is because filing for Federal Disability Retirement through OPM is a process, and must be seen as such.  There are many potential “stages” to the administrative process, and the bureaucracy as a whole does not lend itself well to emotional states of responsive exuberance.

In the end, it is not only civilized society that sees the benefit in tempering euphoria through normative means of behavioral reactions, but for the very sake of keeping expectations and emotions in check, tempering euphoria is a necessary mandate when dealing with the juggernaut of OPM’s indifference in the multiple stages of a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: Under the clump of olive trees

There are certain phrases that turn one’s attention, and daydreams of exotic lands and foreign places become projected onto one’s imagination, like camels, Arabian nights and sand dunes in faraway corners.  But, then, reality imposes itself; such places probably exist a few miles hence; those distant lands are now war-torn and deemed by the State Department to be forbidden avenues for sightseers and tourists in cut-off shorts and Hawaiian Shirts (did you know that the latter are apparently “back in style” – as if they ever were?), with warnings and cautionary predictions where officialdom has already evacuated the premises.

The soft snore from a picturesque scene:  the shepherd with a crooked walking stick, the flock grazing in the near distance; a straw hat edged slightly over the forehead, an arm lazily twisted behind as a pillow against the rocky surface; under the cluster of the olive trees, where a partial shadow allows for the coolness in the heat of midday slumber.  Or, what of a child’s delight in fairytales and picture-books, of Arabian nights with camels chewing silently while tents alight with shadows from within reveal the soft mutterings of foreign tongues, yearning for the delectable offerings sizzling atop the burning fires glowing in the star-filled twilight of the vast ocean of sand dunes and shadows.

Of course, those days of yonder years are now gone forever.  There are no scenes of picturesque quietude; in modernity, every corner of the earth has already been visited; the Himalayan monk sits with earphones and scans the images of Facebook and the world he abandoned for prayer, meditation and enlightenment; and that herd of camels has now been replaced by hooded terrorists lurking to kidnap and maim.  Yet, we all retain and preserve those images of quietude and peaceful reserve; in an insane world, a virtual universe of sanity is necessary, even if non-existence must be acknowledged and admitted to.

For each of us, perhaps it constitutes a minor variation:  becoming lost in a sports league; watching movies in regularity of escaping; a hobby in the cavern of one’s garage; physical labor or forlorn love with strangers; this is a society which requires distraction.  Or, as Heidegger puts it, varying projects in order to avoid the ultimate encounter with Nothingness.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition creates a working hell at work, what comprises the image of resting under a clump of olive trees?  Certainly, not the daily grind and antagonism experienced by supervisors, managers and coworkers who disallow any meaningful contribution because of the limitations imposed by the medical condition itself; and, certainly not the enduring of pain and anguish implemented by the constant fight against the illness.

Filing for Federal Disability Retirement benefits is a pathway, for many Federal and Postal employees, to a state where one can attend to, and focus upon, caring for one’s self.  OPM Disability Retirement is a benefit which is part of the employment package for all Federal and Postal employees, and utilization of it requires a proper formulating, preparation and filing through the U.S. Office of Personnel Management, in order to prove one’s entitlement to it.  It is a “means” to an “end”; and the means provide for a pathway outside of the daily pain and suffering which defines one’s life; the “end” is that virtual image we all strive for – to lay one’s head upon a comforting pasture under the clump of olive trees.

Sincerely,

Robert R. McGill, Esquire