FERS Disability Retirement from OPM: Just Beyond

That is what makes you pause, yet unsure — the “just beyond”.  Maybe its a dream — but it is just beyond your grasp.  Perhaps the directions you were given — just beyond the next corner, just beyond the next town; or just beyond what even Google Maps can lead you to.

Or, in a Federal Disability Retirement case, it is the argument that the U.S. Office of Personnel Management makes in denying your Federal Disability application under the FERS system:  the insertion of a word here, an unfamiliar legal phrase there, always “just beyond” a suspicion as to whether they are correctly stating the legal criteria or the statutory authority cited in denying your case.

OPM systematically engages in such word-usage — of using phrases and inserting words which go “just beyond” the law, but in fact do not comply with the actual legal requirements.  And, as the individuals who make the decisions at OPM are themselves just beyond any accountability, they engage in such misuse and mis-application of the law with impunity, knowing very well that they will never have to answer for such mis-characterizations.

Thus, for example, does a denial of a Federal or Postal Disability retirement application often refer to the fact that “Social Security did not find you unable to be employed” — which may be true, but is a statement “just beyond” the laws governing a FERS Federal Disability Retirement application because what Social Security determines has absolutely no relevance to your FERS Disability Retirement application.

Or, OPM might say something like, “There is no evidence that your Agency could not have accommodated you beyond all possible means”.  Yes, but that is not the law; rather, the issue is whether your Agency could have “reasonably” accommodated you; not, whether you could have been accommodated beyond all possibilities within the universe of theoretical possibilities.

Again, OPM engages in legal jargon “just beyond” the boundaries of truth and integrity.  To make sure that OPM stays within the boundaries of statutory authority, contact a FERS Disability lawyer who specializes in Federal Disability Retirement Law, and always make sure that you apply the law not just beyond, but within.

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.

 

Early Retirement for Federal Employees with Disabilities: Persuasion

Can the written word persuade?  Can “passion” be elicited by a series of letters, dots, crossing “t’s” and other such grammatical nuances?

Certainly, when language is spoken, we often hear discussions about the “passionate” delivery, or the fact that the speaker was “fiery”, a “true believer”, or even “inspiring”, etc.  Somehow, and for whatever reasons, we attach the emotional component of a speaker’s voice with the persuasive force of sincerity upon the words themselves.  Can it ever be “faked”?

We are too often too naive to think not; and that, of course, is what the con-man and the counterfeiter is banking upon.  Persuasion offered by an impassioned voice is much easier than the power of the written word; for, articulated with the right barometer of a voice’s pitch, it tugs at one’s hearts and confuses the otherwise skeptical mind.  A paper presentation must persuade through the force of logical argumentation; for, there exists no voice of passionate conveyance to do otherwise.

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 of Postal job, filing a Federal Disability Retirement application with the U.S. Office of Personnel Management must by necessity be a paper-presentation to OPM.  To be persuasive is thus doubly-difficult, as you must make sure that all of your arguments are articulated with soundness of reasoning and forceful in their legal relevance.

Consult with a FERS Disability Attorney who specializes in Federal Disability Retirement Law, and make sure that your method of persuasion matches the substantive weight of you circumstances.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Photograph of Yourself

There is something different that occurs when a person sees a photograph of him/herself.  Of seeing a stranger, there is little that is stirred; of a friend, perhaps a slight nudge; of family members, parents, siblings — past memories come alive, scents are sharpened, the context of the photograph is yearned for.

Then, the encounter with the self — of a former image, a vestige, a residue; and of memories that come into focus with greater clarity.  The scent of that moment; the laughter or tears that are remembered; perhaps a mourning for that someone who was captured for a brief moment in time, bundled up into a complicated ball of emotions forgotten, a future yet unknown, and promises made and left broken.  We all yearn and mourn for what once was, what could have been, and the years which have passed by that can never be returned.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the time before the illness, accident or onset of a medical disability is like seeing one’s own photograph of a time before: It cannot be recaptured, but only remembered.

Consult with a FERS Attorney who specializes in Federal Disability Retirement Law and consider filing for a benefits that allows for recuperating back somewhat to a time “before” — of that photograph of yourself.

Sincerely,

Robert R. McGill, Esquire

 

Legal Representation on Federal Disability Retirement Claims: That voice within

Whose voice is debating within the insular corridors of the otherwise silent individual?  Which one is the dominant voice, and how does one determine if that particular voice should be the one which attains such a prominent status and stature within the cauldron of one’s own thoughts?

We assume, of course, that when we are pondering within the insularity of our own thoughts, that the voice which speaks within is our own voice; but is it necessarily so?  Yes, yes — the traditional concept of “madness” will begin to encroach, of strange voices which begin to invade and intrude, and where schizophrenia is considered the likely explanation whenever “other” voices are considered.

But that is not what is necessarily the case.  It may be that the voice within is simply a regurgitation from a memory stored long ago — perhaps of one’s parents; a friend; an old school chum; a brother, sister or a cousin; and it is retrieved as an amalgamation of many others, besides.  More importantly, who determines the validity of what is being said, the subject of debate and the substance of the winning argument?

The danger of a soliloquy is that the lone figure who tries to figure things out on his or her own may not have all of the facts or information at hand which can lead to the right decision being made.  An unheard conversation undertaken and engaged by a singular voice may be no discussion at all; it may merely be a wrong-headed delineation based upon errors in fact and missteps in logical analysis.  That is why it is important to consult a person who specializes in a field and is knowledgeable at the outset, so that the facts gathered and the analysis conducted are sound methodologies based upon superior analytical insights and resulting in expert advice.

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 important to gather the necessary and pertinent facts about the entire process, the known administrative facets and pitfalls, etc., so that a superior decision can be reached in preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, so that the voice within will avoid the mistake of listening to too many voices without which may lead him or her down the false paths of misinformation.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: The human drama

There are other dramas, of course — of lions and similar predators; of insects beneath leaves dripping in the steam of rainforests deep within the jungles of equatorial regions rarely visited; of dogs chasing cats and cats chasing mice; of rabbits scurrying to avoid the claws of a hawk or an eagle; and then, of the human drama encompassing life, living, pain, sorrow, happiness, joy, hope and failure, all bundled up into communities where strangers walk about with smiles no longer reflecting joy or a frown implying sadness, but just an empty stage echoing from the scene that was acted out the day before.

The human drama is distinct and distinguishable from other species’ discourses of acting that may embrace the spectrum of emotions, for it is played out not merely by facial expressions, roaring of voices or whimpering of cries, but through the medium of language.  Language is the manner in which the drama is played, viewed, acted and depicted; and that makes for all of the difference in the world.  It is, as Shakespeare’s character surmised, as if all the world is a stage where each bit plays his or her part; and it is by language alone that the human drama is played.

What entrance fee is charged; how much we are willing to pay in order to witness the playing out of a specific act or drama unfolding; and in what private living rooms or bedrooms we would select for a premier viewing, we all have our preferences.  What is comprised of in other species’ dramas, perhaps we will never know, and care not about; for it is the peculiarity of the intra-species comity of needs, wants, desires and clung-to hopes for the future that link us all within the drama of the human kind.

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 human drama has been magnified by the pain and anxiety compounded by the medical condition itself — of the daily fight against the pain or inner anguish; of the increasing pressures at work, complicated by threats of adverse actions, placing you or threatening to put you on a PIP; of possible termination looming on the horizon; and all the while, the struggle to maintain your health and equilibrium.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is an option that should be considered by all Federal and Postal employees who suffer from a medical condition where the medical condition is preventing the Federal or Postal employee from performing all of the essential elements of the Federal or Postal job, to be filed with the U.S. Office of Personnel Management; and however one views the unfolding drama of the next scene or act, consulting with an experienced attorney who specializes in preparing, formulating and filing for Federal Disability Retirement benefits for Federal and Postal employees may be the best way of beginning the next Act of that human drama called “life beyond a Federal or Postal job”.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: The rate of return

At what point does the rate of return diminish to the extent that it is “no longer worth it.”?  And, what is the “it” referring to?  Is it the effort expended in contrast to the compensation received?  Is it the dividends paid upon an investment ignored?

Often, in all of the contexts just described, the focus is upon the wrong point; it is not the “end product” or the final sum that should determine the worthwhile aspect of the “rate of return”, but rather, the key term overlooked — not the “return”, but the “rate”.  One might argue that the two essentially are the same, inasmuch as the “return” (the sum received) is determined by the “rate” (the calculus that determines).  But are they?  Doesn’t it depend upon what context it is being applied to?

Certainly, when conceived of in a traditional investment category, the final sum received can be backtracked to the rate that has been applied; but what about other, more non-traditional contexts, such as friendships, work — even marriage?  Or does one never apply such cold-hearted calculations when discoursing upon the arena of human relationships?  Can we so easily drop friendships and end marriages based upon the same criteria applied in changing investment firms?

Come to think of it, our own lack of active interest is probably the single biggest reason that marriages and friendships last — because, like those investments that we allow to remain because we are too lazy to take an active interest in, many remain in marriages and friendships well beyond the love that has been lost long ago, or the affection that has waned all too subtly; for, in the end, it is our own laziness and lack of motivation that allows the fallowed pastures to let life slowly die in the uncaring tenements of thoughtless stupor.

For Federal employees and U.S. Postal workers that suffer from a medical condition, such that the medical condition begins to prevent the full performance of one’s positional duties and the essential elements of the job, the conceptual paradigm of the “rate of return” should be applied in contemplating whether or not to file for Federal Disability Retirement benefits.

Surely, the Federal Agency or the Postmaster is thinking along the same lines — is he/she getting the job done?  Can I get more out of someone else?

That is the Agency’s perspective; but what about yours?  Such questions as: Is my health going to improve by remaining?  What will the future options be: remain, resign or file for Federal Disability Retirement benefits?

If the first and second choices are no longer real options, then the third one is a necessity, as it becomes clear that the rate of return is no longer a worthwhile investment to remain in a job that clearly is destroying any semblance of one’s quality of life — and that, in the end, is what the purpose of the investment was all about to begin with.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Life Lessons

Most of us stumble through it, and somehow end up down unexpected corridors of unplanned venues; and then we have the nerve to think that we can have kids and impart wisdom we never learned, refused to lived by, and rarely listened to.  It is said that hypocrisy is the characteristic of the common farce; it just happens to infect everyone else, and never ourselves.  But there is an evolutionary determinant even in the comedy of life; it used to be that Western Philosophy would teach us to always seek out the substance of a thing, and to recognize mere attributes and appearances for what they are — recognizing that superficiality conceals the essence of Being.

Now, there are popular books which tell us that “faking it” is okay, so long as everyone else is too stupid to know it.  Then, there is our job, our careers and that vocation at which we spend the majority of our lives pursuing.  One day, we wake up, and find that the manifestation  of a medical condition makes it impossible for us to continue.

What do we do about it?  Procrastinate.  Deny.  Avoid the issue.  But reality has a way of ignoring our pleas of ignorance and avoidance.  Harassment at work; Letters Warnings; imposition of a PIP; Proposed Removal; Removal.  It is not that we did not see it coming; we just hoped that life’s lessons would make a detour around our individual circumstances.

Fortunately, however, for Federal employees and U.S. Postal Workers, there is a consolation benefit in the event that a life lesson involving a medical condition impacts the Federal or Postal employee’s ability and capacity to perform all of the essential elements of one’s positional duties as a Federal employee or U.S. Postal Service worker.  Filing for Federal Disability Retirement benefits allows for the Federal or Postal employee to have “another chance” at life’s misgivings, by providing a base annuity, allowing for work in the private sector on top of the OPM Disability Retirement annuity, and to garner a time for restorative living in order to attend to the medical conditions by retaining and maintaining one’s FEHB.

In the end, there is a conceptual distinction to be made between “Life Lessons” and “Life’s Lessons”; the former is what our parents and the juggernaut of historical inevitability tried to teach, and which we deliberately ignored; the latter is that which impacts us daily and personally, and to which we must by necessity respond.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the Federal or Postal employee must file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the lesson of life — whether as Life Lessons or as Life’s Lessons, is to take that stumbling former self who ended up in the corridors of the Federal Sector, and to straighten out the future course of events by preparing, formulating and filing an effective Federal Disability Retirement application through OPM.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Medical Retirement: The language of law

Wittgenstein recognized that there exists various forms of languages within a community of a shared language — with words everyone understood, sentences all were familiar with, but the usage and meaning of which were unique to a particular group or set of individuals.  Such comity of meanings and esoteric application of language were designated as “language games”.  Information Technology groups have their own set of insulated meanings; advertising agents, insurance companies, and children who form an exclusive club may formulate within-community code words exclusive to the group alone, and alien to all around.

What, then, is the language of law?  Certainly, analogy and hypothetical models of similar situations and transactions are a part of it; and the methodology of argumentation is to show the familiarity of classes of subject-matter issues and identical-sounding situations which penetrate the judge’s capacity to accept and anticipate precedent-setting citations of prior acts.  Why the language game of the legal arena accepts as a primary basis of interaction similar-sounding prior fact-scenarios is often a mystery to “outsiders” (i.e., non-lawyers), and confounds with frustration the enormous expenditure of time and money in engaging such circuitous narratives of persuasive argumentation.

What about my case?  What difference does it make whether or not a decades-old case applies in an analogical manner to the facts at hand?  But that is precisely the point of the language of law; for, it is consistency of application and perpetuation of stability which makes for reverence for “the law”.  Arbitrariness and malleability creates suspicion of motives, and justice requires the fair constancy of applying “the law”.

This is important to understand in all arenas of the “language game of law”, and for Federal employees and U.S. Postal workers who may need to entertain the potentiality for filing 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, the entrance into “Administrative Law” (which is what filing for Federal Disability Retirement benefits through OPM falls under) is no different.

Precedent-setting cases develop over decades and epochs of lifetimes; and whether the OPM Disability Retirement applicant is aware of it or not, the compendium of rules, regulations and decision-setting conclusions are all guided by, constricted within, and influenced throughout, by prior cases handed down by judicial opinions rendered “on high” by administrative law judges and Federal Court of Appeals mandates.

Should case laws be cited in the submission of a Federal or Postal Disability Retirement application?  As the law is the hinge upon which society survives, so the question of persuasive argumentation may live or die based upon the vocalization of precedents.

But always remember that the language of law is a specific type of language game, and the exclusive club of legalese requires some training of usage, where applicability may sound like gobbledygook unless formulated with an ear towards coherence within the insular language game of law.

Sincerely,

Robert R. McGill, Esquire