Tag Archives: applicant’s statement of disability

Federal Disability Retirement: The Socratic Method

It is a lost art; a contribution from the vestiges of Western Philosophy which was once the pinnacle of an admired approach.  It is a cousin of another from a quote attributed to that “first philosopher”: That an unexamined life is not worth living.  Together — of an internal examination coupled with an external analysis — they constitute the basic foundation of knowledge and the pursuit of truth.

High schools have abandoned the approach; colleges avoid it as being too time-consuming; and in the end, we have just become a polemical society drowning in our own indoctrination of thoughtless regurgitations of convenient soundbites.  For, the Socratic Method is that which the child first begins with: Why?

It is the question based upon curiosity, of a natural desire to seek the Truth.  It is, furthermore, a refusal to accept an answer of why and how we do things, of what we assert to know, “just because”, and instead, to keep pushing to the outer limits of knowledge until certainty and certitude are attained.

That is why, for Federal and Postal Office employees 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, a call to a competent attorney will result in being subjected to a form of the Socratic Method: Questions in order to ascertain whether or not you are eligible and entitled to Federal Disability Retirement benefits.

For, in the end, the truth of your Federal Disability Retirement case must be able to overcome the obstacles which the U.S. Office of Personnel Management will be placing in your pathway.

Contact a FERS Disability Retirement Attorney who specializes in Federal Disability Retirement Law, and begin the process of preparing, formulating and filing an effective Federal Disability Retirement application under FERS by engaging in the ancient methodology of the Socratic Method.

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.

 

Medical Retirement Benefits for US Government Employees: Divided, Denied

We have all heard the various phrases and mottos — of being united as opposed to divided; that a house divided cannot stand; and in infantry logistical terms, of dividing the enemy, then conquering, etc.

It is a tactical maneuver which is well-tested — of doing a spear-headed attack and cutting enemy forces into separate units, then beating them independently by outflanking the divisions; or of dividing by cutting off communications or supply lines and denying opposing forces those vital support systems, etc.

OPM uses the same tactic — of dividing, then denying.  Often, Federal and Postal employees suffer from multiple conditions, and it is the aggregate of the conditions which prevent a person from performing one or more of the essential elements of one’s Federal or Postal job.  But OPM will isolate and minimize each medical condition and say, “See, that condition in and of itself does not prevent you from performing your job.”

Such a tactic is similar to denying another well-worn quantity — where the whole is greater than the sum of its parts.  When a Federal or Postal worker must deal with multi-faceted health problems, don’t fall into the trap that OPM tries to set — of accepting their denial by dividing each individual medical condition into separate and divided parts.

Contact a FERS Disability Lawyer who specializes in FERS Disability Retirement Law, and rebut an OPM denial which fails to understand the well-known truths of unity, aggregation and the greater whole.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: The arbitrary life

Some would counter that it is a mere tautology; for, life itself is arbitrary, and the very definition of arbitrariness consumes the conceptual construct of living.  Thus does the subject subsume the predicate, and vice versa; or, in this case, the adjective and the noun.  But of course it all depends upon how we define both the adjective and the noun.

Do we mean by “arbitrary” that things just happen without a cause, and that there is no “Grand Designer” that intervenes as in the old Greek plays where the expectation of a deus ex machina would always appear to make everything “right”; or merely that we didn’t know, were unaware, and simply the alteration of life’s sequence of anticipated events appeared suddenly and unexpectedly?  And of “life”, do we mean in general, or a specific incident, carved out with special significance, from all of the other sequential and incremental compendium of events that aggregate the entirety of one’s consciousness of that which constitutes the “history” of a living being?

Those who believe in an omnipotent being, of course, cannot concurrently hold that life itself is an arbitrary phenomena, unless by that one means merely that one cannot have the same omniscient perspective as the Grand Designer of Fate.  If arbitrariness is meant to encompass randomness, and that the universe is a mere series of unanticipated events, then the question becomes:  Is it the lack of anticipation, or the randomness of events that constitutes the bulk of arbitrariness?

For, the human capacity to anticipate events unfolding is fairly unlimited.  Yes, it takes time, study, research, effort of cognitive insight, etc., in order to engage a process of anticipatory predictability, but that is a price one has to pay in order to subvert the anxiety of the unexpected.

For Federal employees and U.S. Postal workers who suffer from an arbitrary trauma of life — another way of describing an unexpected medical condition (for, who in his right mind “expects” a medical condition, unless one is a statistician or a pessimist of the highest order?) — it may be time to consider preparing, formulating and filing 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.

Yes, this too will possess some components of the arbitrary life — as in whether the Federal or Postal employee’s Federal Disability Retirement application will be approved or not; but such arbitrariness can be somewhat controlled by seeking and following the advice of an attorney who specializes in such matters.

For, in the end, part of the solution in tackling the arbitrary life is to anticipate the random events that are unexpected, by controlling those peripheral and tangential issues that increase the odds of predictability.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Service: Tarnished lives

These days, are there any other kinds?  Do saints exist, or is it merely time which erases the stench attached, and as history is recorded and memorialized by sympathetic co-conspirators attempting to preserve the sanctity of reputations and disregarding the detritus of humanity, so once the sanctification by pontifical decree settles upon a figure previously considered human, and now an idealized version of an individual lost in the complex historicity of biographical omissions, the tarnished perspective of lives once lived has disappeared into the ethereal universe of a surreal reality.

All lives are tarnished; but the moment one makes such a statement, it becomes a meaningless declaration.  For, just as stating that X is “all-inclusive” necessarily negates its opposite, so to posit that Y is “pure nothingness” undermines the very essence of “something-ness”.  If everything is meaningless, then nothing can have less or more meaning than anything else, and thus do we end up with an anarchy of language.  So, to qualify: Yes, all lives are tarnished, but some lives more so than others, and others, less so than further others (somewhat like the declaration in Orwell’s Animal Farm, where “all animals are equal; but some animals are more equal than others.”).

And thus do we live this way, where the cynic believes that there are no saints, and the naïve minority of individuals who believe in such blather repeatedly invest in purchasing the Brooklyn Bridge as a sound retirement strategy next to Bernie Madoff’s pyramid scheme.  But of what do we judge a “tarnished” life, as opposed to one that is not?  Does a minor blemish amount to the same thing as a total spoilage of the whole?

That is where people have often misinterpreted the religious teachings of entrance into heaven, where purity through the sacrificed Lamb allowed for gaining a foothold into heaven, but where – from that – people argue, therefore, God doesn’t make a distinction between a minor infraction of sin and the carnage of murder or some other equally greater offense.  But surely there is a difference with a real distinction between that which requires purity in order to enter into heaven, as opposed to judging the difference between types of moral turpitude?

Yes, we all live tarnished lives, but some lives tarnished are of greater consequence than others.

For Federal employees and U.S. Postal workers who view the onset of a medical condition as a “tarnished” smear upon one’s career, and thus resist leaving until that smudge has been erased, good luck.  The reality is that a medical condition is not a reflection of any “fault” or “negative” judgment upon a person; instead, it is simply a reality of one’s mortality.  Some people never suffer from a serious medical condition; others, with more than a fair share; and most of us fall somewhere in between.

For the Federal or Postal employee who suffers from a medical condition such that Federal Disability Retirement must be considered, always remember that the need to seek an alternative remedy through a Federal Disability Retirement is never a reflection that deems that one now falls amongst the tarnished lives of greater misdeeds, but merely a reality in this mortal world of fallen souls, no different for this generation than for the centuries of such tarnished lives in unmarked graves of yore.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement from Federal Government Employment: The broken record

Does the metaphor have any meaning for modernity, anymore?  Those discs made of shellac resin or vinyl, pressed into magical ridges where the needle would remain stable but for the warbling of the maze; but somehow that circular maze of ridges would have a scratch, directing the point of the needle to continue back into the previous ridge just traveled, like the lost child who cannot see beyond the walled ivy and keeps running frantically in circles, exhausted by the endless infinity of a pathway unable to be traversed beyond the limitless circularity of a philosopher’s argumentum ad nauseum, where tautology of teleology is likened to the boulder being pushed by Sisyphus.

But what of the individual who has never experienced the encounter with a broken record – neither in real life, nor in watching a movie or other inane television show where the manual labor of carefully lifting the needle by the undercarriage of a forefinger, then placing it gently onto the groove closest to the condemned one, possesses no contextual significance because of a lack of knowledge?

Those who have been dated by “aha” responses to such metaphors, take for granted such commonplace declarations; and when we meet with blank stares and confused eyelids, it dawns on us that there is no replacement for an actual experience of descriptive content.  For, the efficacy of the idiom itself is immediately lost upon an attempt to explain:  “You know, when a record starts to…”

And what of times previous to the introduction of the gramophone (boy, now we really are reaching back into time) – did the men and women from an era now past have such peculiar dialects that described repetitive droning of whining and complaining?  Was it something akin to, “Stop acting like a baying hyena,” where pioneers settled lands still dominating with lurking cries of wildlife and unsettled voices?

And what of foreign lands – countries afar and across the great oceans – did they recognize and identify the relevance of the repetition emitted by the spherical looping back upon a scratched surface, or was it ignored in other dialects as a ho-hum matter not worthy of creating a modern-day idiom to be added to the dictionary of everyday expressions?

The metaphor of the broken record is one whose utility has long passed; but for Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition has become a chronic state of inability in performing one or more of the essential elements of one’s Federal or Postal positional duties, the underlying and substantive content of the intersection with one’s career and life, remains relevant.  For, to the Agency, the U.S. Postal Service and the Supervisors, Managers and coworkers with the Federal Agency or the U.S. Postal worker – they view such chronic medical conditions like a “broken record” – of a fellow Federal or Postal worker who cannot “carry his or her” weight, anymore, and begins to treat the “situation” accordingly.

Human empathy lasts barely for a day; pernicious antagonism continues well beyond.  When it becomes clear that the Federal or Postal employee will no longer be able to abide by the conventions of the Federal or Postal rules, and others begin to view the use of Sick Leave, assertion of FMLA and constant need to shift workloads to others as acts to be punitively responded, it is time to consider preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, in order to have that undercarriage lifted and placed gently onto the next ridge of one’s life, in an effort to avoid the metaphor of being a broken record.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: Ruins

We take extraordinary steps just to visit them; of the Parthenon, the Athenian Acropolis; of the Great Wall of China; of unspeaking relics where life once bustled, and still does but in a different way; of mere onlookers to a civilization once vibrant, but now twice removed — first, in the incremental abandonment of a society no longer relevant, and second, by the implicit concession that tourism establishes the death of the substantive content of any collection of structures.  Or of Aleppo, where modern-day devastation intersects with the ruins of old, and where actual suffering echoes throughout the ancient cascades where antiquity overwhelms the current screams of flesh and blood.

Why visit ruins when they are mere shadows of a former civilization unable to speak of its gradual decay and deterioration?  For, it is not the crumbling structures of haunting architectural tenacity which represents the truth behind the concealment of that which we visit to observe; it is the hidden narrative of human suffering which fails to utter the words in silence.  And what of lives untold?

What “ruins” have we failed to visit, right in one’s home, in one’s neighborhood, or just across the street?  Why be a world traveler, when the devastation imposed upon those who depended upon the promises given and assurances uttered mean nothing but some slices of memories of a yore-time of laughter and gaiety?  Is that what life is all about — of a good time here, a shared cackle of laughter in drunken states of unspoken ruination?

In the end, it matters not of crumbling structures and photographs taken of cavernous hollows in distant places where footwears matter; we trample great lengths to ooh and ahhh, and snap shots to send back to the origin of our trail of selfish devastation; but it is the ruins of human lives which touch upon the essence of a human soul, and not the marble and concrete which we gather to observe.  Flesh and blood rarely bespeak of decay and crumbling, but for the wrinkles of time which gather around the furrows of brows and corners of unsmiling lips.

For Federal employees and U.S. Postal workers who feel the devastation of a medical condition, such that the medical condition cuts short the career of intended purposes and teleological foundations of a future untold; the consequence of other actions, the worker sitting beside, or the supervisor behind the private door of an office uninviting, can exponentially increase the devastation already felt by the disabling condition itself.

The tendency is to become a tourist of sorts, by standing about like so many detached onlookers — when, in fact, the solution is to become a part of the society itself.  Preparing, formulating and filing 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, takes you out of the realm of mere tourism and into the arena of actual living.

Visiting the ruins of another culture is one thing; allowing for the ruination of one’s own career, future and livelihood is quite another.  To be ruined; to visit a ruin; to allow for ruination; all such forms of linguistic allowances become stalwarts of reality unless you take the necessary steps to advance forward.  Preparing an effective Federal Disability Retirement application to be filed with OPM is the first step towards ensuring that one will not become another ruin to be photographed, but a living, vibrant entity who has escaped the devastation of an ahistorical context.

Sincerely,

Robert R. McGill, Esquire
OPM Medical Retirement Attorney

 

Medical Retirement from Federal Government Employment: Amoebic Devolutions

What if the telltale signs are there, but we cannot, or are unwilling to, recognize them?  Perhaps the forward progress has already stopped, and we are in the throes of having reversed course without knowing, and that the innate genetic material by which Darwinian advancement promised a glowing epicenter of continual advancement, has in fact turned around, and we are witnessing the march towards a regressive, amoebic devolution?

Maybe we have already reached that penultimate pinnacle of a paradigmatic precipice, and the discovery of our technological prowess has already peaked, to where humanity’s U-turn is characterized by the behaviors we exhibit towards each other, to institutions we once beheld, and of reflections in misty ponds where our own images can no longer be discerned with clarity of teleological purpose, but where childhood dreams were once of fluttering butterflies, colorful not just in flights of fancy but in the twilight moon of castaway days, when goblins, elvin creatures and hobbits of yore delighted the human soul with imaginations beyond mere cravings of fantasies, but of that time when the breath of peaceful solitude cast shadows beyond the cavernous dangers where ogres lie?

Certainly, one can make a forceful argument that, If X constitutes the highest achievement of Man, then Y must be an indicator that the deconstructionism of civilization has already begun the process of devolving further into the abyss of decadence of soul.  Is this all there is in life?

Once, in days of Roman legions and civilizations expanding with the quickened pace of cultural upheavals, the dawn of man’s hope and the pinnacle of invention, the arts and the Renaissance of Timeless beauty brushed across the canvas of humankind, and revealed the inner sanctity of an empty religiosity.  There are no more principles worth dying for; and that is precisely why people blow themselves up.  There are no causes valued; and that is why despair pervades throughout.  Are those two candidates the best we can offer?

Do we treat our spouses as we would our best friend, before we discard the years of shared belongings like so many dishrags we fling down the garbage chute?

For Federal employees and U.S. Postal workers who suffer from a medical condition, in addition to the harassment, difficulties and intimidations felt at work, it is often an agonizing decision to make — to take that initial step in order to begin the process of preparing, formulating and 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.

For, the tripartite compartmentalization of one’s life must coalesce in order to advance:  Recognition that the “status quo” cannot continue; a medical condition which prevents the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal positional duties; the ability and capacity to amass and prove, by a preponderance of the evidence, that all of the eligibility criteria for OPM Disability Retirement benefits are met.

And of the amoebic devolution?

That march in the midst of time cannot be stopped, any more than the harassment, intimidation and workplace hostility can be set aside; and as the latter is probably an indication of the former, it is best to accept the reverberating laughter of the gods who look coyishly down upon the caverns of that hell we create, and wink at them from afar with the knowledge that we may well join them in the greatest farce we have staged — that of Man’s capacity to live in his own excrement while delusionally opining on how cultivated he believes himself to be.

Sincerely,

Robert R. McGill, Esquire

 

Medical Removal and/or Retirement from Federal Position: The cultivated soul

The loss in Western Civilization of the pursuance of Truth (note the capitalization of the term, in contradistinction from the mundane daily tropes of common factual observations, such as the classic example of pointing to an object and making a declarative utterance, for purely identification’s sake) has resulted in a vacuum of sorts; the consequences reverberate by group identification and causes aggregated based upon preference and subjective elevation of all things decadent.

No one ever talks about the angels of yore; or of the priority of character, and whether the intellect should rule, the appetitive would be subjugated, and the passions controlled.  All animals have equal rights (or so my dogs always believed, anyway, as if there was ever any question in the household); and the human species no longer retains the lofty position once held, where angels sometimes visited and the gods would intervene in playful fits with fated concubines.

The very idea of a cultivated soul once meant something; now, replacements arrive daily in doses of self-improvement programs, soothing the egos of hurt childhoods and health combines where metamorphosis no longer connotes Kafka’s transformational metaphor of a tortured essence of humanity, but merely the mundane wants and fantasies of stardom and being able to be accepted into the superficial realm of the “beautiful” set.

Kardashian and Kanye aside, the great multitude of goals set, priorities garnered, and teleological ends met, no longer includes the antiquated construct of the cultivated soul.  We certainly continue to give lipservice to such latent antiquities; of how education is all important (though the focus is merely upon the ends — of grades and padding of resumes, as opposed to the substantive content of one’s character); and of becoming a “responsible adult” with independence and empathy of character remaining a striving purpose of life itself (despite the ballooning debt and deteriorating economy which undermines all such youthful goals).

Where did that voice go, vanished and vanquished in the shattered inner self where the quiet reflection once persuaded and convinced us all that the hidden worth of a human being could still rise from the ashes of a regenerated Phoenix, when gods still protected and the shriveled remains of a tortured goblin would scurry away into the far corners of an empty universe?  The cultivated soul always needed time; it required reflection, solitude, and a peaceful self-assurance that the coming days would produce a moment of relapse into the timeless carriages of a rhythmic ride through life’s trials and travails.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition no longer allows for continuation in one’s Federal or Postal position, the concept of a cultivated soul may be of a distance beyond a bridge too far.  Pain, agony; cognitive dysfunctions and progressive deterioration; these are the daily hallmarks for the Federal or Postal employee in the present circumstances and currency of today’s slice of life.  But that is precisely why it is important to prepare an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset.

For, whether the rest of the world recognizes the sustaining force of Truth in a world condoned by Falsity, the objective world still recognizes that the true essence of the human species will always reverberate amidst the cultivated souls, and to attain and achieve that end, one must first get beyond the medical condition suffered, and begin the steps taken towards a plateau of living where health has been achieved, and the quietude of a contemplative moment may yet be grasped.

Sincerely,

Robert R. McGill, Esquire

 

Federal and Postal Disability Retirement: The Genre of the Narrative

Different genres purportedly possess internal mechanisms and tools of the trade which distinguish one art form from another; thus, fiction writers use various forms which, in the eyes of the “professionals” will elicit oohs and aahs regarding the technical beauty which heightens the art form; biographers invoke poetic license in recreating scenes and human expressions and emotions from an omniscient vantage point; then, there is the admixture of truth and fiction, of “true crime novels” which are allegedly “true” but in novelistic form, easily readable, commercially successful, and universally enjoyed — but in essence, it all comes down to good writing.  

Readability is the whole point of writing.  Yes, to remain true to the art form is important to the genre; and, yes, to be technically proficient in utilizing the mechanisms and tools of the trade engenders professional acclaim and self-aggrandizement.  But ultimately it all comes down to the ability and capacity to express what one wants to, and needs to, in order to convey to the audience the desired effect.  

So it is in Federal Disability Retirement.  For, as in the various forms of literary genres, the narrative form must be engaging, readable, succinct and streamlined.  Salacious details need not be included to get the attention of the OPM case worker.  

A FERS or CSRS Disability Retirement narrative in the form of the Applicant’s Statement of Disability should be the penultimate form of the art:  part biography, part non-fiction, part logical analysis, and certainly analogous to the true crime fiction — that is the narrative which will draw the OPM case worker into the world of the Federal or Postal Worker who is trying to persuade a bureaucrat to have a spoonful of sympathy in exchange for a cup of truth.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: SF 3112A, the Applicant’s Statement of Disability

Each genre retains its own internal customs, traditions and acceptable characteristics which, in their idiosyncratic ways, defines for itself why the specific genre is distinctively different from another.  Content, length, volume, and literary mechanisms may be acceptable within certain defined parameters; a recent biography by Edmund Morris attempted to utilize a literary artifice which, by most accounts, was not well-received within the genre.  

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, one must first and foremost understand the “audience” to which the Federal or Postal employee is “writing” to, and thereby custom-fit the “genre” of the writing.  

The reviewing clerks at the Office of Personnel Management have dozens, if not hundreds, of files from Federal and Postal employees.  At the First and Reconsideration stages of the process of filing for Federal Disability Retirement benefits from OPM, the reviewing clerks must sift through the case-file by analyzing the medical documentation submitted, and most importantly, the Applicant’s Statement of Disability as reflected in SF 3112A.  A Dickens-like autobiographical background is not needed, and will likely be ignored.  A mere listing of the medical conditions, while short and to the point, will likely be insufficient.  Thus, the old adage:  neither too hot, nor too cold.  Somewhere in the middle is the proper “genre” to apply.  

As for the specific characteristics of an effective submission, a general comment:  Stay on point; connect the dots between one’s medical conditions and the positional requirements; and don’t bore the reader.

Sincerely,

Robert R. McGill, Esquire