OPM Disability Retirement for Federal & Postal Employees: That Lost Innocence

Can innocence lost ever be regained?  We often reminisce and shake our heads with wonder — what a naive, innocent young person we once were.  Do we yearn for that time of innocence?  Or, do we shake our heads at the stupidity we once exhibited and scurry away out of embarrassment?

With the present knowledge of cynicism and the current state of wisdom gained over these years, do we wish that we could recapture those day of youthful folly and have the chance to do it “all over again”?

If we could go back in time, would we take advantage of others with the knowledge we have today, applied in a context of prior innocence where others around us were also unaware and unsophisticated? Would we live our lives differently, knowing that today’s regrets were yesterday’s lack of understanding?  Is it true what the grumpy old man on the porch said in the perennially-watched movie, “It’s a Wonderful Life” — that “Youth is wasted on the young” (or was it George Bernard Shaw who first uttered those words?)?

What would we do differently with present wisdom applied to past circumstances?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows for the Federal worker or Postal employee to perform all of the essential elements of his or her Federal job, the opportunity to regain that lost innocence may be forever foreclosed.  You know — that time when work was a breeze and daily challenges were met with aplomb.

Federal Disability Retirement is a benefit that needs to be considered when that time past where innocence lost can no longer be regained and has now become a reality where the Federal Agency or the Postal Service cannot or is unwilling to accommodate the medical condition which remains unresolved.

Consult with a FERS Attorney who specializes in Federal Disability Retirement Law, lest the innocence lost becomes a greater loss by adverse actions initiated by a Federal Agency or the Postal Service who takes advantage of the lost innocence that is now nowhere to be seen or found.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement under FERS: Balancing the Unfair Advantage

It is the advantage itself — whether by one side or of the other — which creates an imbalance to occur, and it is thus the greater weight on either side defines and constitutes the unfairness of it all.  A weighted scale; a pair of loaded dice (it was once the case that such a phrase — “pair of dice” — was unnecessary, because the singular of “dice” was die, and to identify ”dice” was to necessarily state the obvious that it was a pair; but in Modern Standard English, the word “dice” now represents both the singular as well as the plural; but we digress); a biased referee; a bribed umpire — do these all have something in common?

No, this is not an IQ Test (remember those questions where you are given a series of words and you had to either choose the one that would fit into the same category or exclude the one that was a misfit?), but it does symbolize the state of affairs in so much of life.

Where unfairness abounds, it is often the concealed aspect which tips the balance in favor of one side or another.  Thus do politicians allow for silent exceptions within the detailed language of legislation; undeclared biases determine advantages otherwise unidentified; insider information gives the unfair advantage to stock traders and members on financial boards and subcommittees; and the team which steals the rubric of the other’s signals and signs gains the advantage both in predicting future behaviors and battles.

In law, who has the unfair advantage?  Is it the entity who fails to explicitly define the criteria which determines success?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal employee from performing one or more of the essential elements of one’s Federal or Postal job, just remember that filing a Federal Disability Retirement application guarantees nothing.

The legal criteria inherent in the process; the administrative procedures which must be advanced; the supporting documentation that must be submitted; the answers on standard forms which must be completed — these are all within the purview of knowledge by the U.S. Office of Personnel Management, and is not easily comprehended by the unwary applicant. Seek the counsel and guidance of a FERS Disability Attorney who specializes in Federal Disability Retirement Law and begin to balance the unfair advantage that OPM naturally and already possesses.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Problem-Free Lane

There is that obnoxious scene in a nightmare of anguish: Of being stuck perpetually in a lane not moving, then turning and seeing an individual “cheating” the system by speeding down the HOV lane, laughing, carefree and unconcerned about being caught and ticketed.

Life’s rule includes the following, or seemingly does: That there are certain individuals who seem to “breeze” through life without the trials and traumas most of us have to go through.  Atticus, of course, cautioned that you never know what a person is experiencing until you walk in his shoes, and perhaps that is right.  Is there such a thing as a “problem-free” lane, or a care-free zone?  Are there lives which never have to face the problems seemingly inherent and commonly resplendent throughout most of everyone else’s?

Perhaps we fantasize about being wealthy — as if money would solve all of the ills which beset.  Is there a trade-off?  What if you became wealthy but became sick?  Well, you say, then grant me 2 wishes — wealth and good health.  Then another problem arises: Your loved ones are vulnerable.  So you want 3 wishes, instead: wealth, good health and protection for all of your loved ones.  Will that make you happy, or will life still present you with another lane that brings about a trial of unhappiness?

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 position, the idea of the “problem-free lane” of life is an unknown quantity.  Life is full of problems.  There is the medical condition itself; there is the loss of one’s employment capacity; and then, there is the problem of trying to meet the eligibility criteria for Federal Disability Retirement benefits.

Life doesn’t provide a problem-free lane, and if you are considering filing for Federal Disability Retirement benefits, consult with an attorney who specializes in Federal Disability Retirement in order to limit the problems to the extent possible in preparing, formulating and filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement Benefits: Forever and a Day

The concept itself is a conundrum; it is to emphasize the extension beyond eternity when eternity itself cannot be extended by self-definition.  The “add-on” of the extra day provokes the idea that it goes just a little further than that which we can comprehend; and yet, we can barely, if at all, comprehend the concept of “forever” itself.

For certain ideas, can we “feel” concepts better than we can “understand” them?  That, in and of itself, of course, is a puzzling concept; for, words, ideas and concepts are posited to intellectually comprehend as opposed to applying an emotive conceptualization of it.  To “feel” that you understand a word or a concept is quite different from comprehending it intellectually.  Yet, doesn’t the idea of “pain” fit into that category?

A person who experiences a great deal of pain may not be able to understand it, and yet he or she “feels” it, and in the very existential experiencing of the phenomena, comprehends it better than the person who merely reads about it but never experiences it.  Furthermore, the person who “understands” pain has a greater comprehension of the phrase, “forever and a day” — for the two are similar in experiences; the one is a medical condition that can barely be described; the other, a concept of existence that is similar to unendurable pain.

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 feeling that life has become “forever and a day” is a familiar one, precisely because of the unendurable stresses inherent in trying to balance work, home, the medical condition and the growing stresses of it all.

Filing for Federal Disability Retirement under FERS is a step towards realizing that days do not need to become lost in weeks, weeks into months and months into years, where the pain or other medical condition, physical or psychiatric, must by necessity be an unendurable conflagration of existence.

FERS Disability Retirement is a means to an end — the end being, having the time and energy to focus upon one’s health; the means, to retire medically from a situation that has become untenable; all, in order to recognize that “forever and a day” begins with a day that can be differentiated from the “forever” that never seems to end.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: The Inside View

There is the “outside” perspective as opposed to the “inside view”, and that is the mistake people make in various sectors of life: The “outsider” believes that, from a position and perspective of detachment and therefore objectivity, he or she is able to better assess, evaluate and analyze the event, situation or conditions experienced than by those on the “inside”.

By contrast, the “insider” views the outsider with suspicion, contending that he or she has no idea about the experiences and existential difficulties faced by the insider, and that a detached, objective viewpoint which fails to take into consideration the subjective, “personal” side of things misses the essential point of the issue.

It is the tension which exists between the townspeople and the “out-of-towner”; the one who lives in a community as opposed to the renter or investor; or of the person who drives around the neighborhood admiring the green lawns, the peaceful nature and the tranquility of a community, hoping to one day purchase a home there without knowing the problems inherent — say, that the water is contaminated or that there has been a rash of burglaries on the rise in recent years.

How does one break the invisible wall between the inside view and the outside perspective?  When does the demarcation between the two disappear?  Do numbers of years living within a community determine whether an outsider becomes an insider?

For Federal employees and U.S. Postal workers who are considering preparing, formulating and filing an effective Federal Disability Retirement application because of a medical condition which has come to a critical point where the Federal or Postal worker can no longer perform one or more of the essential elements of one’s Federal or Postal job, it often “feels” like one has all of a sudden become an “outsider” again — not only from one’s own agency or the Postal Service, but moreover, because of the complexity of the administrative procedures and bureaucratic morass of the U.S. Office of Personnel Management — of the sense that the whole process is strange and detached.

Consulting with an attorney who specializes in Federal Disability Retirement Law is a good first step in bridging the gap that widens when first encountering that feeling, in order to get an “inside view” of what it takes to prepare, formulate and file an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Denials: Selective reasoning

Of course, we all engage in it; some, merely by withholding certain known facts; others, by emphasizing and asserting portions of the logic employed while ignoring or deliberately averting the focus of other aspects.  Selective reasoning through deliberate omission is the height of pragmatic oppression; for, when it is accomplished with knowledge and self-admission of premeditation, it involves a mind that knows the difference between proper application of logical reasoning and the intentional misrepresentation of facts.

We engage in such folly during the course of normal fights and argumentation; for, to win is the basis of arguing, and the ends often justify the means.  Logic is a learned tool.  It is the foundation of sound reasoning.  It is not an inherent, in-born or even in-bred character of man, but it can bring out the evil therein.

As a tool, those who are good at it have a greater responsibility to use it wisely, honestly and with proper motives.  It is the “selective” part of the reasoning that makes for honesty of dishonesty in the reasoning process, and the anomaly and irony, of course, is that the process itself — of reasoning — necessarily involves selectivity, for logical argumentation encapsulates proper and effective selection of facts, syllogistic approaches and propositional logic all bundled into one.

The U.S. Office of Personnel Management engages in selective reasoning, and their denials of Federal Disability Retirement applications reveal a level of such selectivity that one must conclude that it is being done intentionally and with deliberate knowledge.

Beware of denials; for, they try and make it appear as if you never had a chance to begin with in your FERS Disability Retirement application. OPM will selectively choose to extrapolate from various medical reports and records, and fail to mention or highlight the selective portions omitted, then reason that there was “insufficient” medical evidence despite facts and rational argumentation to the contrary.

Do not despair, and do not simply allow for the 30-day time period in which to file for Reconsideration to lapse; for it is precisely such selective reasoning that is meant to discourage, and to make you think that the denial is dismissively disproportionate so as to justify giving up altogether — which is precisely what their selective reasoning is meant to accomplish.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: The real me

Are there societies in which the non-existence of the concept of “self” reveals a qualitative difference in approaching life in general?  Does the fact that language embraces the singular personal pronoun in contradistinction to the plural, communal form (i.e., “we” or “us”) make a difference in the manner in which we see the world?

If “I” as the subject/nominative form or the “me” as the objective (accusative and dative form) were to be expunged from the English Lexicon, would the universe be shaken and the axis upon which rotation occurs be shattered such that earth would no longer remain as we have known it?  Or — beyond the modernity of linguistic philosophy, where there are no substantive philosophical problems which cannot be solved by Wittgensteinian means of clarifying, modifying or overhauling the language game utilized — will we merely go on as before and act “as if” the “I” and “me” did not exist, but carry on for selfish purposes, anyway?

There is always that hankering by each one of us that “if only…”.  If only people knew the “real me”; if only she could recognize the uniqueness of the “I” that doesn’t quite come out right because of my nervousness, shyness, etc.  If only the boss knew; if only my wife knew; if only my husband knew….

The cynic, of course, would counter with: Good thing no one knows the real you….  Or, is it really just another form of the philosophical conundrum that we have cornered ourselves into — sort of like Ryle’s “Ghost in the Machine” argument where Cartesian dualism doesn’t exist, and so there is no “real me” beneath the surface of what we present to the world — that, in fact, we really are boorish, one-dimensional and unsophisticated creatures who put on a good show, and that is all there is to the “I” and “me”: A composite of the Neanderthal who puts on a necktie and pronounces words and phrases in monosyllabic forms of grunts and groans?

For Federal employees and U.S. Postal workers who suffer from a medical condition and who must consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the real “I” or “me” is certainly not the person whom the Agency has tagged as “less than whole” because of the medical condition itself.

Yet, that is how the Federal Agency and the Postal unit will often approach the unfortunate circumstances of the Federal employee or Postal worker who reveals an intent to file for OPM Disability Retirement benefits under FERS.  No longer as part of the “we” or “us” team of Federal employees or Postal workers, the Federal Disability Retirement applicant is often shunned and sequestered, and generally harassed and placed under administrative sanctions — merely for revealing a vulnerability resulting from a medical condition.

That is essentially where the problem of the “real me” resides: Of how we pigeonhole one another.

To avoid that as much as possible, it is a good idea to consult with an Attorney who Specializes in Federal Disability Retirement Law, to fight back against the notion of the real me that the Federal Agency or the Postal Service wants to depict, as that malingering worker who once was X, but is now seen as Y.

Sincerely,

Robert R. McGill, Esquire