OPM Medical Disability Retirement Benefits: Per Se

The phrase, or word, is often misused or misapplied, but it always sounds intelligent when peppered about in sentences; annoying, when it is over-used and emphasized ad nauseam.  Essentially, it means to point to the importance or significance of something — by or in and of itself, intrinsically.

So, if you point to a person within a group and declare, “He isn’t the only one, per se, who can get the job done!”  Or, “It is not only the photographs, per se, which should convict the defendant, but…”  It is likely not a good idea to insert such a phrase when arguing to a jury, for it would probably confuse them, rather than enlighten them.

In the end, the phrase, “Per se”, is meant to focus the attentive signification upon the subject in question, but the way it is used/misused — with hesitancy and lack of confidence — often detracts from the strength of the phrase itself.  Thus, when a person says, “I’m not saying that my work, per se, is the best I have done.”  Huh?  What?  What did he just say?

For Federal employees and U.S. Postal workers who suffer from a medical condition, per se, and wish to file for Federal Disability Retirement benefits, per se, because the Federal or Postal worker can no longer perform one or more of the essential elements of his or her job, per se, it might be a good idea to contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law, per se.

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.

 

Federal Employees Retirement System (FERS) Disability Law: The Arbitrary Discount

When it is to one’s favor, of course, the arbitrary discount is a welcome benefit.  Every now and again, it happens — more often in an independent store, where the owner will say, “Well, you’ve been a great customer; I am going to give you a 10% discount just because…”.  Just because what?  No reason — just because it is Saturday; just because you are pleasant; just because I wanted to, etc.

That is the nature of an arbitrary discount.  However, what about an arbitrary discount when it is not in your favor?

In a Federal Disability Retirement case, the OPM “Medical Specialist” may deny a Federal Disability Retirement application with the following reasoning: “Your treating doctor is not a specialist in treating X.  The restrictions placed on you are therefore invalid and you have not shown that you are disabled.”  WHAT?  And yet — it is just another arbitrary discount — the discounting of your treating doctor as a valid person to make reasonable medical decisions; it just so happens that such an arbitrary discount is not in your favor.

Even though, of course, the law supports you in every way and even though OPM’s opinion should be discounted entirely.  But hey — OPM is the independent owner of the “store”, and they can do what they want, right?

Contact an OPM Disability Retirement Attorney who can and will fight against such arbitrary discounts.

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 Medical Retirement Benefits: Stoic Impassivity

Times are changing.  This is not a new phenomena — for, times always change.  Is it for the better?  Are we advancing linearly, or is history merely repeating itself?

The age of stoicism — that influence by Epictetus of recognizing Fate, Destiny, the things we have influence over and those things we do not — is replaced with this modern age of seeking happiness by controlling our feelings.  The “rational” part of our soul is no longer paramount; it is the “appetitive” side of our nature (borrowing from Plato and Aristotle’s distinctions) which we now allow to control the various aspects of our lives.

“Stoic impassivity” was once the norm — of the British “stiff upper lip” or the American “rugged individualism”, which are replaced with the “touchy-feely” normative imposition of society’s standards where rerouting one’s feelings may lead to greater happiness.  Likely, the pendulum swing from one extreme to the other will settle somewhere in the middle, where both the rational side of a human being and the emotional aspect are both recognized as equally part of Man’s nature.

For Federal employees and U.S. Postal workers who have worked through their medical conditions — stoic impassivity may actually work against you in preparing a Federal Disability Retirement application.

If you have “hidden” your medical conditions and continue to have great performance reviews, the U.S. Office of Personnel Management will likely question the validity of your Federal Disability Retirement application by saying, “Well, your Agency says you’re doing such a fine job — where is the evidence that shows that you cannot do your job anymore?”

To counter this, contact an OPM Lawyer who specializes in OPM Disability Retirement Law and map out a course of action which will be effective in preparing, formulating and filing a Federal Disability Retirement application which overcomes that stoic impassivity you have endured with your ongoing medical conditions.

Sincerely,

Robert R. McGill, Lawyer

 

Medical Retirement Benefits for Federal & Postal Workers: The Approach

In every endeavor, there is what is termed “The Approach”.  It is not any single thing, but a variety of issues comprised of the preparatory work which is engaged; the manner in which a case is developed; the sequence of work that is implemented; what part the client is expected to do; what the cost is; how accessible is the attorney to the client on a regular basis; to what extent the attorney him/herself actually engages in the process, etc.

Different law firms have different approaches, and it is important for the potential client to assess and evaluate which approach works best and why.

For Federal employees and U.S. Postal workers who suffer from a medical condition and can no longer perform all of the essential elements of one’s Federal or Postal position, consider the “approach” of a potential lawyer you intend to hire — and evaluate, assess and determine the best “fit” for your particular situation and circumstance.

Sincerely,

Robert R. McGill, Lawyer

 

OPM Disability Retirement: Extending One’s Career at a Cost

Our identity is often bundled up and inextricably intertwined with the careers we have chosen.  It is therefore understandable that, even with a medical condition that begins to debilitate, we would want to extend the chosen career to the furthest extent possible.  The question then becomes one of performing a cost-benefits analysis: Does it make sense to try and make it to the proverbial “finish line” of retirement if the cost of doing so is to end up in such a debilitated state that any enjoyment derived in those “sunset years” is minimal, at best?

Federal employees and U.S. Postal workers are, as a whole, a committed workforce dedicated to accomplishing the mission of the Federal Agency or the Postal Unit — often at the cost of one’s health.  There comes a point, however, when the cost of one’s health is not worth one’s contribution to the mission identified, and when that critical juncture is reached, it is time to consider filing for Federal Disability Retirement benefits under FERS.  Extending one’s career at the cost of one’s health is one thing; to do so where the cost means accepting an actual harm to one’s well-being and a permanent loss of enjoyment in one’s retirement — well, that is often termed as a decision that only a fool would make.

Consult with an attorney who specializes in Federal Disability Retirement Law and consider retiring early so that the cost of one’s health doesn’t become the payment overdue for one’s over-zealous commitment to the mission at large.

Sincerely,

Robert R. McGill, Esquire
FERS Medical Disability Counsel

 

Federal Disability Retirement: The beginning, middle and end

It is a cognitive invention, as most events and occurrences are a continuum without such neatly-trifurcated wholes segmented into a tripartite of sectional constructs.  That is why sophistry can rule — because thought fails to meet reality and conform with it.

So the argument goes: An arrow shot from a bow can never reach its destination, as the the distance the arrow travels merely cuts the chasm between Point A and Point B in half every second or a fraction thereof, and as a line can be divided into halves into infinity, so the tip of the arrow can never overcome the mathematical division of measurable distances.  Yet, the hunter knows this not to be true, and the deer that feels the pierce of an arrowhead recognizes not the hypothetical constructs of philosophers and madmen.

Similarly, we ascribe to various conceptual constructs the “beginning, middle and end” — as in a novel; a stage play; the chapters of a life lived; a career; a failed marriage or of a successful one.  As to the latter — the “beginning” is described with adjectives of romance, love and passion unadorned; the “middle”, often with children, debts incurred, a home purchased and a career undertaken; and as to the “end”, whether of irreconcilable differences, infidelity, death or together taking walks into the sunset of two lives joined for a lifetime, depends largely upon the story told from the beginning, extending into the middle and coming to fruition towards the end.

In telling such a story, it is often less important what happened in “the beginning” — though couples often focus far too sharply upon that period, like prurient interests magnified by the query, “So, how did you two meet?”  It is more often the “middle part” that determines the course of the end; of the stresses of family life; the enticements and opportunities that can derail the best of intentions and muddle the principled mind; for, the “happy end” depends largely upon the activities of the middle, and it is the middle period that sets the foundation for the end.

And, as with almost all things worth pursuing, preparing and formulating a Federal Disability Retirement application by a Federal or Postal employee, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, requires a solid foundation both in the “beginning” and the “middle” phases of the process, in order to bring about a favorable “end” to the complex administrative process.

The “beginning” part of the bureaucratic process identified as “Federal Disability Retirement” often involves the medical condition itself, and the recognition that a change is needed.  The “middle” part involves the complexity of preparing, formulating and filing an effective 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; and the “end” embraces the hope of a First Stage Approval, but if not, the Second Reconsideration Stage and, if necessary, an administrative hearing before a Judge at the U.S. Merit Systems Protection Board.

Whether you as the Federal or Postal employee find yourself in the beginning, middle or end of the process identified as “Federal Disability Retirement”, always remember that wise counsel in the beginning makes for a smoother path in the middle, and greatly increases the chances of a successful end.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: The tangible

What are the criteria by which one lives?  Is there a singular, dominant principle, as in “A Criterion” or “The Criterion”, or multiple ones; or perhaps an overarching archetype with subsets of mini-components that are all in their aggregate subsumed by a greater Platonic Form, somewhat like “Goodness” that predominates, with subtexts of lesser categories?  Or, do we just blunder through life without them and arbitrarily bump into decisions, pathways that take us hither and yonder, and never quite escape the confusions of our own making?

Some people consider themselves to be “idealistic”, and look always for the good in others; still some, pure cynics such that they suspect the worst in everyone; and most, an admixture of the two extremes in a spectrum of choices.  There are, in philosophy, the “logical positivists” who declare that nothing makes sense unless validity of a statement can be established, and such a criterion normally involves the tangible.  That which we can see, feel, hear or establish by logical methodology comprises the entirety of one’s existential reality, and there is some truth to such an approach.

It is said that in youth, much idealism begins; in middle age, some waning of hope must by necessity be accepted; and by old age, a seeping cynicism inevitably prevails.  The tangible is that which we can embrace, feel, rest our hopes upon; otherwise, the cold icicles of other people’s indifference will ultimately become the obsession of our lives.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition has begun to result in tangible manifestations — i.e., use of LWOP has become noticeably frequent; performance ratings are anticipated to be questionable; supervisors and coworkers have begun asking questions; but most importantly, you yourself have begun to notice a deterioration in your ability and capacity to maintain the level and pace of working at the Agency or Postal facility — the “criterion” to be applied is quite straightforward: Are you still able to perform all of the essential elements of your positional requirements?

If not, then it is 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 you are under FERS, CSRS or CSRS Offset.  The criteria by which we live are often complicated; it is the tangible which brings everything back down to earth from the lofty heights of idealism, youth and folly.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employee Disability Retirement: Of venal and venial injustice

That a single vowel can radically alter the meaning of a word is not surprising; rather, it is the simplicity of the reduction – from one constituting an onerous sense of the corrupt, to a mere insignificance of action – that demarcates the chasm of definitional differences between the two.  Both are adjectives; but of the former,  often associated with corruption involving bribery and characterized by a mercenary motive, while the latter is of a pardonable offense, minor on a scale of wrongdoings, and merely bordering on the barely noticeable spectrum of sins acknowledged – it is the difference of the singular vowel – the “i” which constitutes the reflection back upon the personal “I” who acts upon the violation that determines whether the offense is minor or major, that divides the two.

The originating context of a venal act almost always involved corruption relating to an exchange of consideration – and, for whatever reason, it was that underlying motive of engaging in an act of illegality for the sake of money, that exhibited a greater evil by the participant.  Perhaps such an origin of retreating repulsiveness is Biblical – of that treachery committed in exchange for the thirty pieces of silver.  Translated into English, the personal pronoun inserted in lower caps in the middle of the word, stuck between two consonants, evinces a guilty conscience inflamed deep within the troubled recesses of a soul’s agony.  And what of the noun which the adjective modifies – does it add, amend, enhance or otherwise alter?

Injustice is a malleable concept.  Words were once confined by strict adherence to meanings; no more, as society has allowed for the gymnasts of linguistic pole-vaulting to tinker unabatedly.  As the negation of the root term “justice”, it has become recognized as any feeling of unfairness encountered, as opposed to the more concrete embodiment of society’s clear mandate in a process of upholding a morally superior stance, confirmed by age-old rules and procedures, inviolate as reflected in the symbolism of a blindfolded lady impervious to the winds of bias, prejudice or venal means.

For the Federal employee or the U.S. Postal Service worker who is daily being bombarded with harassing conduct by the agency or the U.S. Postal Service, both forms of injustices are encountered:  Venal injustice, at the hands of an agency which may be plotting to dismiss and terminate; and venial injustice, at the daily toil of enduring slights and demeaning whispers by coworkers, supervisors and others unnamed.

Medical conditions occur through no fault of the Federal or Postal worker suffering from them; yet, Federal agencies and U.S. Postal Service employees treat such Federal and Postal workers as mere fodder for committing injustices otherwise unaccounted for.  Perhaps there is a heaven where ultimate justice prevails and where venal sins and venial acts are sifted between to determine who is issued a valid passport for migration through those pearly gates; but, until then, there is the option of filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, and where obtaining an approval from the U.S. Office of Personnel Management is neither a venal act, nor a mere venial outcome, but an injustice turned around for the Federal or Postal worker who cannot otherwise perform all of the essential elements of one’s Federal or Postal job.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS or CSRS: The carefully crafted life

But that we could just write the narrative of our life, reflecting briefly upon our past, describing the present condition of being, but most importantly, to carefully craft the anticipated future of our lives in process.  What is revealed from one’s past is telling of a person’s character; of the present, a manifestation of the compass of one’s heart; and to the narrative of one’s future?  If the cultivation of one’s soul is the essence of the teleological process of life, the content of what we insert into the delineated poetry of future actions will uncover the truth in being of our damaged and tortured souls.

Would the script include fame and fortune?  Encounters with the common and ordinary, or of the arrogant dismissal of all but the beautiful and fortunate?  Would money always be written into the narrative of a future life, or ignored and instead replaced by peculiarities of fantasies, such as time travel, the ability to fly, or defiance of mortality and vanquishing of fear?

What one wishes for, like the genie who grants the dreams of youth, casts aside the veil we walk about with, and reveals all.  But the operative concept often overlooked is not about a crafted life; rather, that “extra” descriptive adverb which denotes painstaking caution and conscientious execution:  How does one “carefully” craft a life?  For, when wishes are offered and granted without constraint, the crafting itself becomes cast away as a mere byproduct and of irrelevant concern, like the human detritus flung out from a window of a speeding car down the highway of reckless disregard.

The care that one takes in crafting a life — now, that is an undertaking few of us attend to, despite every opportunity at every turn in the linear sequence of even the ordinary life of an individual.

For Federal employees and U.S. Postal workers, of course, 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 the Federal or Postal employee’s positional duties, that opportunity is offered in a limited and defined manner — in the form of 2 pathways.

First, by being required to write one’s narrative on SF 3112A, Applicant’s Statement of Disability (where the Federal or Postal employee must describe, delineate and prove a sliced portion of one’s life concerning the medical condition and its impact upon one’s capacity and ability to perform one or more of the essential elements of one’s Federal or Postal job); and Second, by preparing an effective Federal Disability Retirement application and submitting it through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset — thereby formulating the narrative which will determine the future course of one’s life and livelihood.

No, in either case, the Federal or Postal employee will not be able to receive a genie’s grant of unfettered wishes and requests; but that was always the thoughtless residue of a childhood fantasy, anyway.

For, in the end, the carefully crafted life is not one which has any room for the misspent daydreams of a forlorn childhood; rather, the truly substantive content of a carefully crafted life necessarily involves the Triumvirate of the T:  Trials, Triumphs, and some sprinkling of Tragedies; just refer back to Shakespeare, or of Milton and Melville; anything else was merely the storybook fairytales of a bygone memory left behind in the dustbin of a forgotten era.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Tolstoy unedited

To read his works often entails utilization of descriptive metaphors, such as “tackle”, or “spend the summer” doing it, or even, “It has taken me a year to reach the midpoint”.  To have read Tolstoy’s major works is a kind of initiation into the upper echelons of cultivated sophistication; how many fakes and phonies there are, can only be guessed at, but some would estimate that nearly half of those claiming to have read “War and Peace” or “Anna Karenina” either failed to complete the rite of passage, skimmed or skipped major portions of either or both, or simply studied carefully the Cliff Notes in the secluded corner of nefarious midnight travails.

But consider the original, unedited version; what the Editor of such works must have had to contend with, just to get it sorted, compiled and drafted into a coherence of acceptability — all before the time of computers, cut-and-paste buttons, and leaving aside the untenable temperament of the author for whom suggested changes meant a challenge to a duel and likely emitting as a response a stream of unedited vitriol spiced with torrents of epithets unheard of in polite company.  But even Tolstoy must have known that his own works required further care and attention, like a child soiled and helpless in self-care; that no form of Art — regardless of its egomaniacal source and unmatched brilliance of the narrative creativity — could be stomached without correction, crafting and splicing of untethered verbosity.

Tolstoy, left unedited, would have required greater metaphors than those we already adopt, and perhaps would have been thrown into the dustbin of untranslated works stored in the vast warehouses of uninterpreted voices.  The parody to a life lived, of course, reflects a parallelism which everyone recognizes, but few undertake.  How one lives a life, also, requires constant perfecting, further editing, and persistent splicing.  The unedited version of any life would be left with an undisciplined mess, unfettered calamity and unconstrained egomania of purposeless vacuity.  Meaning can always be discovered in every life, but it is the cultivated perfection of a disciplined self which constitutes the essence of human uniqueness.

But there are interruptions in living, beyond the control of one’s will and fated determinism; a medical condition is one example, and for the Federal employee and the U.S. Postal worker who suffers 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 the Federal or Postal job, preparing an effective Federal Disability Retirement application becomes of utmost importance.  However, one must take care in preparing, formulating and filing an effective SF 3112A — Applicant’s Statement of Disability — as so many people believe that the Tolstoy format of an unedited diatribe is as effective as the abridged version of a work of Joyce.

There is always a balance and a “middle ground”, whether in Life, Art, or in the effective submission of 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.  Art often reflects Life; Life is too often lived in an unconstrained fashion; but in either case, in preparing an OPM Disability Retirement application, it is important to recognize that Tolstoy unedited is as onerous an undertaking as a Federal Disability Retirement application left unfettered by purpose, application, and the careful compilation of meeting the criteria of law and life itself.

Sincerely,

Robert R. McGill, Esquire