Tag Archives: burden of proof fers disability preponderance of evidence

FERS Employee Medical Retirement: Sticking Out

Like a sore thumb; or, merely embodying a strangeness.  In traditional societies, conformity is the normative value: to not be a part of the herd is to make yourself a part of the outcast, and thus to deliberately deny yourself the benefits granted to you by your own community.  “Sticking out” has become the normative value in our society; and by becoming so prevalent, strangeness has become non-strangeness, sticking out has become the normal everyman, and thus has uniqueness become normal and everyday.

Moynihan spoke in the early 60s about dumbing down deviancy, to the point where — today — sticking out like a sore thumb is no more unique than school shootings or weekend murders.  Why do we need to stick out?  What is the unstated need so prevalent in this country?  Why must individualism be defined by appearance — a standard which goes against the grain of Plato and Western Philosophy, where substantive truth was always preferred over the mere appearance of things?

For Federal Gov. employees and U.S. Postal workers who have come to a point where preparing an effective Federal Disability Retirement application under the  FERS system has become a necessity, for so long, you have attempted NOT to be the one sticking out; and, instead, you have tried to hide your “uniqueness” — that chronic health condition which has steadily and progressively deteriorated your health conditions.

This may turn out to hurt you.  For, this is the one time when “sticking out” helps your disability retirement application — i.e., sticking out in not being able to do your job; sticking out in taking too much sick leave; sticking out to your supervisors in not being able to complete assigned projects, etc.

If you have been trying to hide your sticking-out-ness but now need to stick out like a sore thumb by filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management under FERS, contact a Federal Lawyer who specializes in Federal Disability Retirement Law, and begin the process of sticking it out by maneuvering — through the assistance and guidance of a FERS Lawyer who specializes in Federal Disability Retirement Law — through the stickiest bureaucracy by pointing out the eligibility criteria of a FERS Disability Retirement claim.

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.

 

FERS Disability Retirement for Federal Employees: Future Planning

It is perhaps a redundancy to put the two concepts together; for, “planning” is almost always about the future (can one plan for the past?  Or, even for the present — as every moment of the present must by conceptual imposition tick the time for a future event), and thus the inclusion of the concept, “future” becomes an irrelevancy and an unnecessary conceptual appendage.

One can, of course, confuse some concepts — as in, for example, planning for one’s future funeral, or writing one’s obituary (which is essentially future planning but incorporating past events); or of writing a story about something which occurred in the past (as opposed to a science fiction story, which by definition would involve some future event).  So, one might simply entitle an essay, “Future” — but would that necessarily encapsulate “planning”?

On the other hand, to simply say, “Planning” would, by conceptual inference, necessarily involve the future, merely because we all presume that any “planning” would incorporate the future because of the absurdity of thinking that we could plan for what has already passed.

That being said, future planning is always a problem because of the very fact that it must involve “unknowns”, as every future cannot be completely and entirely predictable.  The future, by definition, is an unknown and unknowable quality and quantity; it is not quantifiable; it remains a mystery.  Otherwise, we would all be able to predict which numbers would appear in a lottery, what stock market picks will be winners, and even be able to understand what a “commodities futures” is/are.

For Federal employees and U.S. Postal workers suffering from a medical condition necessitating a filing of a Federal Disability Retirement application with the U.S. Office of Personnel Management, “Future Planning” can be difficult, at best.  How strong is your case; what is a realistic assessment of time frames involved; what can be done to enhance the chances of success; what will be a predictable amount of the monthly annuity; and many more questions, besides.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law and begin the arduous process of future planning — or just planning.

Sincerely,

Robert R. McGill, Lawyer

 

OPM Medical Retirement under FERS: Routines

We all have them; we rely upon them; and in times of tumult and upheaval, they are what gets us through because we can endure them with thoughtless efficiency.

There are the rare and few who try and avoid them — thinking that such avoidance characterizes a higher level of creativity, imagination, and resistance to monotony; but in the very act of such avoidance and rejection of routines, the chaos itself becomes a routine and represents the repetitiveness which one sets out to replace in the first place.

Routines represent the foundation of normalcy; it is what we rely upon to maintain a Kantian order of stability in a world which is often unreliable and chaotic.  When those routines are systematically interrupted, the balance of proportionality must be assessed in order to determine the significance of such disruption.

Medical conditions tend to do that — of forcing one to rethink the impact upon the routines one relies upon.

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 position, the impact and imbalance perpetrated by the medical condition in disrupting and interfering with one’s routines may be an indication of the need to file for OPM Disability Retirement benefits.

Contact a Federal Disability Lawyer who specializes in FERS Disability Retirement benefits and begin to consider and reassess the importance of the routines you once took for granted.

Sincerely,

Robert R. McGill, Lawyer

 

Federal Disability Retirement: Thought versus thoughtless

Does the former have an advantage over the latter?  Our tendency is to think so — as in, “Being a thoughtful person is better than being a thoughtless person.  And, in any event, it is always better to think about things than not to.”

Really?  Does reality bear such a thought out, and does thinking about something as opposed to its opposite — not thinking about it — gain any advantage?  Does Man’s biological advancement through evolutionary selectivity of genetic dominance necessarily favor those who engage in the activity of “thinking” over those who do not?

Take the following hypothetical: An individual must make a “serious” decision — i.e., perhaps about one’s future, career, marriage, etc.  He is told to “take some time to think about it”, and does so dutifully.  He speaks with others; does some reading; mulls over and “reflects” upon the issue; takes out a yellow-pad and writes the columns, “Pros” and “Cons”, and after days, weeks, perhaps even months, comes to a decision.  Within a couple of years of making the decision, he realizes that he has made a fatal error.

Now, the counterexample: Same scenario, but in response, the individual says, “Naw, I don’t need to think about it.  I just go on what my gut tells me.”  He goes out, parties, avoids “thinking” about it, and the next morning makes that “important” decision.  He remains happy with the decision made for the remainder of his life.  So, the obvious query: What advantage did one have over the other, and what fruitful outcome resulted from “thought” versus “thoughtlessness”?

Yet, we persistently hear the phrase, “I should have thought about it,” or “I should have given it more thought” — always implying that, had further reflection been accorded, had additional wisdom been sought, or multiples of contemplation allowed, ergo a different result would have been achieved.

The error in the logic of such thinking is that one assumes a necessary connection between “result” and the activity of “thinking”, when in fact it is the very activity itself which retains a value in and of itself.  “Thought,” “thinking” and “thoughtfulness” are activities which have a value by themselves.  The satisfaction of a result-oriented, retrospective according of value based upon an outcome achieved is to place the value upon the wrong end.

For Federal employees and U.S. Postal workers who are “thinking” and engaging in “thoughts” about preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, there comes a time when a “decision” must be made.  “Thoughtfulness” is an activity worth engaging in, regardless of the outcome of the activity itself.

In engaging such an activity, it may be worthwhile to seek the advice of an attorney who specializes in Federal Disability Retirement Law — if only to consider the evolutionary advantages in thinking about thoughtful activities as opposed to the thoughtless decisions made by an unthinking thoughtlessness.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: Intrusion upon the inviolable refuge

We all hold, savor and protect them; and whether they are physical escapes, relational interludes or mere cognitive distractions, they are the corners of secluded quietudes which serenely exist in the abandoned crossroads of time, like unbeaten dirt paths down lonely prairies of uncut grass wavering in the morning breeze of timeless passivity.

Perhaps it is watching a favorite television show; or of morning jogs leading to a little-used, covered bridge which tells of whispered pasts, history untold, and marvels unwitnessed but for the overhanging tress which record speechless events; or even the moments throwing a ball with one’s dog, where boundless energy is witnessed and with awe of language bonded by facial licks and warmth of hugs, that timeless memory is captured within the framework of human needs and wants.

The inviolable refuge is the shack we have built, and to which we escape and recede from the problems and complexities of civilization too weighty to bear without.  Those distracting hobbies, of collecting when amassing becomes a fetish, or when childhood dreams never amounted to much but where echoes of angry voices haunting us for innocence extinguished and promises unkept; those are the times when we close the door and lock it from inside, in order to regain the equilibrium lost in the maze of daily clatter.

Medical conditions have an invasive nature to them, where escape can never be completely pursued or accomplished.  Further, when medical conditions begin to invade the capacity of one to escape from the daily toils of the world, and where the universe of struggles becomes too much to bear and the crossing of lines held separate and apart by sheer force of willpower can no longer be rectified, then it is time to take steps to ameliorate the intrusive consequences.

For Federal employees and U.S. Postal workers whose lives become consumed by the tripartite evils of work, medical conditions and the inability to fine refuge away from the creeping tides of problematic struggles, consideration needs to be given to advancing towards another horizon.

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 a “next-step” reflection for any Federal or Postal worker who has recognized that where a medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal positional duties, and work therefore begins to intrude upon one’s personal concerns and struggles, then the demarcation between pleasure and pain becomes so confounded that all pathways for the requisite escape begin to close.

Each of us needs a refuge of quietude; and whether such haunts of escapism is satisfied by a quarter placed in a juke box, or travels to exotic destinations whether in physical flight or mental dreams, when life intrudes upon the inviolable refuge of our own creations, it is time to take affirmative steps to proceed and advance, in order to protect those hollow reeds of wavering wants waiting to whisper the sounds of silence.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Price of Admission

Private entities charge more; exclusive arenas tend to be out of reach; and it is, ultimately and as in all economic realities, determined by an admixture of supply (how many are allowed) and demand (how desirous is the goal of entrance and acceptance).  For every admittance, there is a price to pay.  Often, it is not merely the affirmative transfer of money or goods, but rather, the negative aspect of what one must “give up” in order to attain the end.  It often involves a comparative analysis, an economic evaluation of gain versus loss, and in the end, the emptiness of the latter being overtaken by the value of the former.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to awaken an awareness that one’s career may be coming to the twilight of that lengthy, successful run, it is often that “price of admission” which makes one hesitate.  For the Federal and Postal employee who 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 question is double-sided:  the price one “has been” paying to remain as a Federal or Postal employee, as opposed to the loss of employment status, or becoming an “ex-member” of that exclusive club.

Change always portends a trauma of sorts; the medical condition and the revelation of vulnerability, mortality and progressive debilitation was in and of itself crisis of identity; but when it becomes clear that the medical condition begins to impact one’s ability to perform all of the essential elements of one’s positional duties, and that further changes to one’s career and livelihood must by necessity occur, then the avalanche of reality’s namesake begins to dawn.

The price of admission for one’s health, ultimately, is priceless; and that is the reality which one must face when preparing, formulating and filing for Federal Disability Retirement benefits through OPM.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Fear and Trembling

The reference, of course, is to the major philosophical contribution by Soren Kierkegaard, the Danish Philosopher; and his title is a further extrapolation from the Bible.  It is an investigation of the test placed upon Abraham to make of his son, Isaac, the sacrificial lamb as a testament of his faith and obedience.

Whether one is religious or not, the value of such an investigation cannot be disregarded.  Such a test and endurance; how far Abraham was willing to go; were there indications of behavior which revealed hesitancy; did doubt ever enter into his mind; is obedience to faith ever justified when it seems to overpower fundamental moral considerations; does the author of moral uprightness have the right to violate the very laws of issuance (similar to the theological conundrum, Can God create a rock heavier than He can lift, and if not, does that not undermine the very definition of omnipotence?); what emotional turmoil was Abraham wrestling with, and what of fear and trembling?

These are mere surface questions which Kierkegaard attempts to encounter; the fact that most of society fails or ignores to consider, is a reflection of the state of our own being.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition impacts (A) one’s own health and livelihood, and (B) the capacity and ability to perform all of the essential elements of one’s Federal or Postal positional duties, the issue of fear and trembling should hit close to home.  Fear is attributable to the uncertainty of one’s future; trembling concerns the state of persecution one experiences at the hands of a Federal agency or the U.S. Postal Service.

Kierkegaard leaves no stone unturned in his rapacious search for truth; for the Federal or Postal employee, even a surface scratching of what Kierkegaard questioned, can be of relevance in moving forward.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management may not seem like entering the lofty towers of ivory perspectives as presupposed by Kierkegaard’s work; but it is in the end a pragmatic decision of fortitude which secures one’s future and allows for the stresses of our times to be set aside, deliberately, purposefully, and with regard for one’s own life and being.

Sincerely,

Robert R. McGill, Esquire