OPM Disability Retirement: The Preemptive Argument

There is always the danger accompanying it — That the presupposition was unfounded and you may be pointing out a problem that the other side never thought of.  We are all aware of what assumptions can lead to, and so to make a preemptive argument is to enter into dangerous waters where unseen dangers may lurk.

How does one make the right decision as to whether to include the preemptive argument and how prominently should one make it?  Such a question presupposes a cost-benefits analysis — of first determining how likely the other side will recognize certain weaknesses in your position, then providing the preemptive counterpoint accordingly.

In preparing a Federal Disability Retirement application under FERS, whether at the initial Stage or at the responsive Reconsideration Stage of the process, the point of making a preemptive argument depends upon the purpose for which you are making it.

For, at the Initial Stage of the process, you should make such an argument in an understated manner, all the while emphasizing the overall strength of the case; whereas, in responding to an OPM Denial and providing a responsive legal memorandum, any preemptive argument should be made both as a response to OPM as well as a preemptive appeal to an Administrative Judge at the U.S. Merit Systems Protection Board (MSPB) — in other words, the elaboration of an anticipatory argument, presuming that OPM is likely to deny the case a second time, as well.

All preemptive arguments possess inherent dangers, but as OPM systematically engages in a shotgun-scattering approach in justifying its denial of a Federal Disability Retirement Application, it is likely that any preemptive argument is in little danger of bringing up any surprises which OPM hadn’t considered, anyway.

Consider contacting a FERS Attorney to prepare and formulate an effective Federal Disability Retirement application under FERS, especially when formulating a cogent argument of preemptive significance.

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.

 

Disability Attorney Representation After an OPM Application Denial: The Missing Piece

That is the height of frustration — of assembling something, perhaps a mechanical device, a complex toy for a child (or for the adult, for that matter), or going through a computer downloading process, etc. — and realizing that there is a “missing piece”.  Even in reading a book on a technical subject matter; of realizing that the author is assuming that the reader already knows about a concept being discussed, a historical event being referred to.

What did we all do before the capacity to “google” a subject?  Is that why rote memorization is no longer required — because we can all whip out our Smartphones and instantly become an expert on any subject by regurgitating upon the subject-matter description as provided by the internet?

The “missing piece” is often in the body of a denial rendered by the U.S. Office of Personnel Management in a denied Federal Disability Retirement application under FERS.

There may be many reasons given for the denial, but it is often a single missing piece of the puzzle which would have persuaded and convinced OPM to approve the case.  It would have been better, of course, to have anticipated the “missing piece” and to have preemptively made the proper argumentation in the original submission of the Federal Disability Retirement application.

Whatever the case may be, it is important to have a disability attorney recognize and identify, then to “fill in” the missing piece in preparing, formulating and filing an effective Federal Disability Retirement application under FERS, or in rebutting an OPM Denial, whether for the Reconsideration Stage or even for the MSPB appeal.

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 under FERS: The Pariah

The irony is that some in the universe of bloggers and ceaseless appearances on the Internet consider that the word itself should be cast out of the sphere of daily lexicon usage; the word itself is considered a pariah, and therefore is treated as such.

Yet, words in and of themselves have no meaning; Wittgenstein is correct in positing that the concept of a “private language game” known exclusively to a single individual is nonsensical — literally — precisely because “meaning” is imported by the manner in which a word or sentence is communicated between two or more individuals, and the purpose and motive by which it is applied.

A pariah is an outcast, and there are many in the world who are treated as such.  Whatever its historical origins or derivative usage which have engendered insult or resulted in a connotation of disparagement, the problem is not in the word itself but in the motive behind its application.  The word itself is actually quite descriptive and describes accurately the manner in which many individuals in society are treated.  Expungement of the word would indeed be a great loss.

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, the treatment of such individuals as a “Pariah” aptly describes how they are looked upon.

Consult with a Federal Lawyer who specializes in Federal Disability Retirement Law, and see whether or not you might qualify for a Federal Disability Retirement annuity so that you can escape from the designation of a “pariah” and move forward in a life where you are treated as an equal, and not as an outcast.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: Waves of Misfortune

Metaphors allow us to understand our circumstances; by relating the circumstance to the natural world around us, we feel a greater kinship when, in all other aspects of our lives, we have tried to alienate ourselves and artificially separate our lives from the origins of our own existence.  Similes, of course, always contain the comparative contrast that allows for a space between that which is compared and the reality of “what is”.

Thus, to say that “X is like Y” is quite different from saying that “X is Y”, even though we know in both instances that X is not Y, and that is precisely why we assert that there is a likeness between X and Y (because “likeness” is not the same as “sameness”) and also why we declare X to be Y even though they are not one and the same.  Thus is there a difference between “Waves of misfortune” (a metaphor) and “Misfortune are like waves” (a simile).

The comparative preposition creates a once-removed parallelism (simile), whereas the metaphor makes no doubt of the mirror image of one with the other.

Medical conditions are more like metaphors (here, we are utilizing a simile to describe a metaphor); there is no space or removal between the situations being compared.  To have a medical condition is not “like” something else; rather, it is the reality of one’s existence.  It is through metaphors, however, as well as similes that we describe the symptoms to our doctors and others, to try and help them understand what it is like to be in constant pain, to be depressed, to be profoundly fatigued.

And for Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition necessitates preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, it must be understood that the Federal Disability Retirement “package” is a paper presentation to OPM, and thus must by necessity use both metaphors and similes in order to persuade OPM of having met the legal criteria of a FERS Disability Retirement application.

The “waves of misfortune” must be described persuasively, lest they become a metaphor for failure in preparing, formulating and filing an effective Federal Disability Retirement application that results in a denial as opposed to an approval.

Sincerely,

Robert R. McGill, Esquire

 

OPM FERS Disability Retirement: Nothingness comes from flattery

It is what Cordelia recognized but which her father could not foresee, and the ruin of a kingdom, the loss of order and the crumbling of relationships resulted all because of the failure to recognize sincerity from entreaties based upon hidden motives of greed and the concealed hand of evil; and of the truism of ex nihilo nihil fit — that nothing comes from nothing — even Parmenides could not warn us of the consequences.

It is because flattery is nothing but — but an insincere cover for motives unrevealed; but a superficial sweetness that can never satisfy; but a swamp of words without substance that will sink into the muck of sycophantic drivel; but of nothingness.

Flattery is the most dangerous of invectives spewed precisely because the sugar that sweetens is that which energizes, but lasts for only a brief time before the reality of bitterness that is sure to follow cannot but hide the reality of a life hidden.  The starkness of reality is often too cruel to withstand, and so we invite the nothingness which comes from flattery.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition is about to end a career, the reality of the medical condition itself is what is often that which we wish could be covered by life’s sweetness.  We wish for X, but life has given us Y.  We thus hope for flattery to lessen the impact, but the reality of harshness refuses to lead us down into the pathway of nothingness.

Federal agencies are harsh entities; they may have flattered us in the past by making us think that we are invincible; that we “matter” to them; that we are part of a greater team, etc.

When a medical condition begins to prevent the Federal employee or U.S. Postal worker from performing the essential elements of one’s Federal or Postal position, then suddenly the sugary voices of flattery become replaced with harassment, hostility and adverse actions. It is then time to prepare, formulate and file for Federal Disability Retirement benefits, to be submitted ultimately to the U.S. Office of Personnel Management, where the greatest flattery of an approval of one’s Federal or Postal Disability Retirement application will reveal that, indeed, nothingness comes from flattery when a person has taken for granted that which is the more important element: one’s health.

Sincerely,

Robert R. McGill, Esquire

 

Legal Representation on Federal Disability Retirement Claims: “But…”

What is it about a certain voice inflection that forewarns us of that conjunction?  A long explanation is given; a reason for “why” a person is about to do something is adroitly conveyed; a detailed and rational discourse is provided; and yet something tells us that the inevitable “but” is about to be inserted, making of the independent clause just spoken merely a precursor for the real reason that the lengthy discourse was given in the first place.

It is also a metaphor for life itself, isn’t it? “Things were just great, and it was the happiest of times, but then…”.  It is like the metaphorical dark cloud that dampens the spirit, or the sudden gust of wind that topples the tower when one was just about to reach the apex; the “but” in our lives comes at the most inopportune of times.

Then, there is the causal intervention “but” in law, as in, “But for X, Y would have not been liable because X becomes the primary intervening cause that subverted Y and all other causal determinants.” But for this job, my life would be perfect; but for this minor incident in my otherwise stellar career, I would have been unstoppable; but for X, Y and Z, I would have reached olympian heights; and on and on.  Isn’t that what Bing Crosby said of Frank Sinatra (for those who are young enough to even remember such icons of yesteryears, that “But for Sinatra, I would have been the most popular singer of my time”)?

Medical conditions tend to insert that conjunctive into a life, don’t they?  For Federal and Postal employees who consider the “but” of a life to be that medical condition that has come to a critical juncture — not merely of a grammatical appendage, but of a true intervening cause that disrupts — because it prevents the Federal or Postal employee from performing one or more of the essential elements of his or her Federal or Postal career, it may be time to begin to prepare, formulate and file 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.

The “buts” of life are merely conjunctives that forecast the darker clouds that rain upon an otherwise stellar experience; to alter the “but” and instead turn it into a mere “and” is what preparing, formulating and filing an effective Federal Disability Retirement application can do, and thereby avert the “but” word that makes the remainder of the paragraph simply an extension of an otherwise joyful phenomena called “life”.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Reality and poetry

A woman sits on a park bench surrounded by the concrete giants of looming buildings and antiseptic structures overhanging and overshadowing all but the remnants of nature’s detritus, with the cooing pigeons that bob their heads back and forth as they meander about in the contrast between reality and poetry.

And she has a book in her hands.  It is a book of poetry.  Who the author is; what the verses metaphorically narrate; how the images impact the quiet reader; these are not so important as the oxymoron of life’s misgivings:  A city; the overwhelming coercion of modernity’s dominance and encroachment into nature’s receding and dying reserve; and what we hang on to is a book of poetry that reminds us that beauty is now relegated to printed pages of verses that attempt to remind of beauty now forever lost.

No, let us not romanticize the allegory of a past life never existent, such as Rousseau’s “state of nature” where man in a skimpy loincloth walks about communing with nature’s resolve; instead, the reality that man has lost any connection to his surroundings, and is now lost forever in the virtual world of smartphones, computers, Facebook, Instagram, Twitter and Texting.

The tactile experiences of our individual encounters with the objective world is now merely the touch of a screen, and feel of glass, metal and plastic, and the pigeons we feed with such joy and excitement from park-benches manufactured with recycled materials so that we can “feel good” about the environment that we have abandoned.  And so we are left with the reality of our lives, and the poetry that we always try and bring into it, if not merely to remind us that there is more to it all than work, weekends and fleeting thoughts of wayward moments.

For Federal employees and U.S. Postal workers who suffer from an additional reality – of a medical condition that impacts his or her life in significant ways – the third component is not a mere irrelevancy that complicates, but often becomes the focal point of joining both reality and poetry.  Medical conditions have the disturbing element of reminding us of priorities in life.  Reality, as we often experience it, is to merely live, make a living, survive and continue in the repetitive monotony of somehow reaching the proverbial “end” – retirement, nursing home, sickness and death.

Poetry is what allows for the suffering of reality to be manageable and somehow tolerable; it is not just a verse in a book or a line that rhymes, but the enjoyment of moments with loved ones and those times when everything else becomes “worthwhile” because of it.  But then, there is the complication of a medical condition – that which jolts us into wakefulness of a reality that makes it painful and unacceptable.  What is the road forth?

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition now makes even work at the Federal agency or Postal facility intolerable, preparing an effective Federal Disability Retirement application is at least a path to be considered.  It is a long, arduous and difficult road that must wind its way through the U.S. Office or Personnel Management, but the choices are limited, and surely, you never want to abandon the poetry of life, and be left with only the reality of the medical condition?

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Alliteration of Life

Cathartic calamities caused creatively cannot cooperatively contain characteristic contents clearly coordinated contumaciously.  Sometimes, the insistence upon form can result in the nonsensical loss of clarity in substance; life often reflects the absurdities we establish by convention and societal imposition, and we pay the price for it.

Life is like being a letter in a series of alliterative words; we are helpless in being attached, but cannot dissociate ourselves, separate one’s self, or otherwise excise the offending aspect.  We are forever wedded like the proverbial two peas in a pod, with an incessant but futile search for a seam to burst out.  The problem, too, is that it may all sound proper and profound; but beneath the surface of consonant melodies and mellifluous motions of letters harkening back with pleasantries of sound, sight and solace, the reality of it is that the emperor with no clothes needs to be called out, lest the closeted secrets remain dormant.

Medical conditions tend to make of life an alliteration of sorts; squeezed between the implanted word in front and crushed by the one behind, we are left without choices in being a pawn in the cycle of life’s fate.  Like the word that sounds melodious as it rolls off the tongue of the creator, we keep trying to fit in despite the absurdity of the substance and content.

For Federal employees and U.S. Postal workers, such a metaphor of life is well-known.  Despite being stripped of dignity and design, the Federal or Postal worker suffering from a medical condition is treated as half-human, half-worth and half-baked.  They are relegated to the corner office, the basement of windowless reserves, and raked over the proverbial coals to perform menial tasks meant to humiliate and defeat.  But it all “sounds nice” — the courageous attempts by the agency to accommodate; the superficial empathy shown by supervisors and managers; it is all meant to soothe.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is often seen as just another daunting task, an obstacle placed in front of the already-stretched limits of the Federal or Postal employee; but then, what choices are there?

Like the alliterative words caught between others just because of the consonant attached, the Federal or Postal worker with a medical condition represents the alliteration of life, and preparing, formulating and filing for Federal Disability Retirement benefits, whether one is under FERS, CSRS or CSRS Offset, is merely another reflection in the pond of life, provided productively as previous payment portending possible potentialities progressively purchased.

Sincerely,

Robert R. McGill, Esquire

Federal & USPS Disability Retirement: The Advantage of Persistence

If there are innate, underlying underpinnings of genetic inlays which provide for greater advantages in the evolutionary progression for those who consider survival of the fittest to be the teleological force behind man’s advancement, then the character trait of persistence must be one such data entry.  It is certainly a personality pre-condition for the meanest, most hostile and unrelenting individuals and organizations across the spectrum.  Like the wild dog with the unbreakable jawbone, persistence is that trait where relenting is not an option, and where right or wrong is not the standard which guides or otherwise influences the decision-making process of an individual who embraces a course of action.

For Federal employees and U.S. Postal workers who are filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, it is important to recognize and identify one’s friends, enemies, and those stuck somewhere in the middle, whether because of indifference or apathy; as well as the worth of avenues to pursue, those best left to abandonment, and what reactionary efforts should be engaged.

Federal Disability Retirement itself is a long, arduous administrative process which will require insistence, persistence and an intractable quantity of good, old fashioned stubbornness.  The identified adversary, the U.S. Office of Personnel Management, as well as one’s own Federal agency and the U.S. Postal Service, are entities known for persistence already.  The Federal and Postal employee who takes on the Goliath of the Federal system, must be prepared to endure the persistence of the opponent.  This, despite the disadvantage of suffering from a medical condition, which is and continues to be the primary underlying basis of one’s Federal Disability Retirement claim, to begin with.

Federal Disability Retirement is a benefit which allows for one’s future to be secured, and it is certainly worth “waging the good fight“. Recognition of what one must encounter; the greater advantages of the “opponent” in the fight; and the unrelenting nature of the bureaucracy; these are all elements which should be recognized at the outset, and to acknowledge that in preparing, formulating and filing for Disability Retirement benefits through OPM, there is always an evolutionary and genetic advantage in embracing the character trait of persistence.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Laws: Confirmation and Affirmation

The former is both a religious sacrament in Church doctrine, as well as a state of establishing that something is true or correct; the latter, an act or statement of support for that which was previously thought to be so.  Both imply a previous state of foreknowledge, or at least an indication of some prior existence of validity; it merely needed a further stamp of approval or attestation of verification.  And that is how most opinions are sought, aren’t they?  In our own minds, we already know the answer; the search for counsel is not for new revelation, but merely a confirmation of that which we know, and the affirmation of what is needed to be done.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition impacts the capacity and ability of being able to perform the essential elements of one’s positional duties, the recognition for the need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, is determined far in advance of any phone call to an attorney for guidance and counsel.

The search for “advice”, as the term is loosely presented, is often to merely confirm that which is already known, and to affirm the process which has already been discovered.  For, the medical condition itself already tells the Federal or Postal employee of the necessity of filing for Federal Disability Retirement benefits through OPM, and the agency’s unfriendly and often hostile response has established the harbinger of one’s future.

Like secrets between nations and skeletons in one’s proverbial closet, the preparation, formulation and filing of Federal Disability Retirement benefits through OPM is somewhat of a formality; it was known already for quite some time, but the Federal and Postal employee just needed to confirm and affirm the inevitability of necessity already revealed, but wanting of declaration.

Sincerely,

Robert R. McGill, Esquire