FERS Medical Retirement: Not for Public Viewing

Whether such a statement or declaration is actually applicable today is questionable.  For, is anything left to the privacy of one’s insular imagination, anymore?  Everyone bares all — of private, intimate details; of private parts, private affairs, private moments, private thoughts; no matter, just post it onto social mediums and allow everyone into your bedroom.

Private “gentleman’s clubs” often had rooms “not for public viewing”, and in stodgy buildings hidden away with a grim-faced doorkeeper ready to bar your entrance, one learned that nothing actually of a salacious manner (or matter) occurred behind those heavy brass doors, but merely old men who wanted to smoke a cigar and read the financial papers in peace.

Medical conditions are the exception.  They are the issues not for public viewing, and that remains somewhat valid today.  For, of the privacy which we all cherish and attempt to protect, our medical conditions remain at the top of the list.

For Federal employees and U.S. Postal workers who suffer from a health condition such that the health condition prevents the Federal or Postal employee from performing one or more of the basic elements of one’s Federal or Postal job, maintaining one’s privacy in the face of preparing and submitting an effective disability retirement application may be a priority, but one which must be balanced between the voluntary submittal of a FERS Federal Disability Retirement application and the need to protect such sensitive information in preparing, formulating and filing an effective Federal Disability Retirement application to a large, faceless bureaucracy such as the U.S. Office of Personnel Management.

Contact a Federal Attorney who specializes in OPM Disability Retirement Law and see whether or not preparing, formulating and filing an effective Federal or Postal Service Disability Retirement application under the current Federal Employees Retirement System (FERS), to be submitted to the U.S. Office of Personnel Management, can be accomplished — to the extent possible — while protecting that which is Not for Public Viewing.

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.

 

Disability Retirement from Federal Gov. Employment: The Viable Argument

In this postmodern era, is there such a thing?  What was once illogical — or, even worse, absurd — is now considered an acceptable and viable argument.

Logical fallacies are accepted; non-sequiturs are fully embraced; whether or not the “middle term” is carried over from the major premise to the minor is irrelevant; and “just because” is nowhere blinked at, as the final conclusion to every argument these days is that “everyone is entitled to his or her opinion” and it matters not whether specific facts undermine a viewpoint expressed.

Thus, does it even make a difference whether or not an argument is “viable” enough?

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management under FERS, an argument used in attempting to persuade OPM to approve your Federal Disability Retirement application is one which must appeal to the Statute, the Regulations, or to MSPB and/or Federal Circuit Court of Appeals Case-Law precedents.

Yes, there is still a distinction between an irrelevant, weak and inconsequential argument, and a viable one.  The viable argument is one based upon facts, the law, and an irrefutable delineation logical fortitude.  In order to make the viable argument, contact an OPM Disability Attorney who specializes in Federal Medical Retirement Law.

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: Life as a Series of Problems

There are television series; of “mini-series”; of a series of movie episodes once popularity of the first viewing has established the call for a following.

In television and theatrical drama, there has to be an opportunity for “character development” — of getting to “know” a person, of seeing him or her in various contexts in order to determine “who” a person is by what they do, how they react and the very essence of their belief-systems.  Rarely is a play, a story or a novel of any interest when it involves a person or multiple individuals sitting around expounding upon their beliefs or “principles” of life, and why is that?  Is it because a person who talks without being tested can offer nothing more than the sound of air?

The movie of life always presents us with a series of problems; that is what makes a good story, of course — of conflicts, their resolution; the way in which individuals are “tested”, and not merely by hypothetical presentations of analytical problem-solving gestures.

Medical conditions — whether later in life or occurring earlier— always present a challenge that tests a person in so many ways, precisely because medical issues hit at the core of everything about a person: How we see ourselves; what we are able to do; where we go and seek guidance and counsel; and all of the multitude of reverberating effects upon so many varied aspects of our lives.

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, filing a Federal Disability Retirement application under FERS is just one of life’s series of problems.

It is never a guarantee; it is never a “sure thing”; and as OPM appears to be denying more FERS Disability Retirement cases under this Administration than ever before, it is important to prepare and formulate a plan for a Federal Disability Retirement application and to recognize it as another slice of life’s problems in a series of such problems.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: In the way

We talk about objects being “in the way”; of an accident on the road and we complain, “Why can’t they just pull over and get their vehicles out of the way?”  We use similar phraseology when we “objectify” human beings, as in — when we seethe with anger and retribution at some person — the threatening tone of: “Stay out of my way!”

Does the subtle (or not so subtle) alteration in language’s usage determine how we treat another human being?  When a driver gets irritated with a bicyclist who is not so adept at keeping a straight and narrow line on the roadway, do we forget suddenly the value of human life and see it merely as an “object” that is “in the way”?

And when you read of stories of human tragedies — of a person who negligently ran over a person and seriously injured or — worse, yet — killed a pedestrian, we realize the thin line between insanity and rationality, of love and hate, and the vulnerability of passions left out of control and going berserk when it is often the language we use so carelessly that leads to the tumults of life’s misgivings.

Objects are often “in the way”; can it ever be that people are also?  Do we bypass one another and ignore the plight of others because of our capacity and ability to objectify those very subjects we want to ignore and avoid?

Utopia is an idea of human perfection; the reality of this real world is quite different, where love, cooperation and human compassion lags far behind because the essence of human nature is far below the paradigm of perfection.  Honking the horn at something “in the way” when one is backed up on the highway in a state of frustration may well shed one of some frustration — until we learn later on that it was the body of a young child hit by a car because he was “in the way”.

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 concept of “in the way’ is a familiar one — for, the Federal or Postal worker has knowledge of it both as an object, as well as a subject.

The “medical condition” itself is “in the way” — seen as an object that has become an obstacle. Conversely, the Federal Agency or the Postal Service begins to see that once-stellar, high-performing individual — you — as something “in the way” of the Federal Agency’s “mission” and the Postal Service’s “work”.

When the Federal Agency or the Postal Service begins to see a Federal employee as an object, as opposed to a subject, then you know it is time to begin to prepare, formulate and file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, lest you become another casualty left in the heap of roadside debris as a passing car yells, “You were in the way!”

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Future looking

Young men and women should always be looking to the future.  It is the past which haunts and makes one stuck, unable to move forward; of memories and past hauntings that paralyze with fear and anxiety; and yet, so many of youth in modernity are stuck in the mudslides of the past that they know not the brightness of a future yet unachieved.

Do we reflect too much upon the past?  Are past hurts and slights — or worse yet, of abusive homes and horrors implicated by memories that will not go away — what freezes a person from moving beyond?

The general maxim for life should be: When young, look to the future; of middle-age, to reflect somewhat for lessons to be learned; and it is only for the old and decrepit in corners where rocking chairs rhythmically sound the memories of to and fro when reflections upon a past life should be embraced.  Future-looking is what is meant for the young and hopeful; past-looking, for the wrinkles of age and timeless eternity.

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, anymore, the future is not in lamenting about one’s past accomplishments, but in preparing, formulating and filing for Federal Disability Retirement benefits under FERS, so that one may attend to one’s health and begin to move forward, to become once again future-looking — beyond one’s medical conditions and beyond one’s Federal or Postal career.

That must all begin by securing a FERS Disability Retirement so that one can move beyond the paralysis of the present and step into the future-looking state beyond.

Sincerely,

Robert R. McGill
Federal Disability Attorney

 

Federal Disability Retirement Representation: Conversations

What is a conversation?  Or, is it an empirical phenomenon that — only when we are in the middle of it — we know as we experience it, but otherwise is undefinable?  If there are 5 people in a room but only 1 is doing the talking, is a conversation ongoing?  Must there be a “back and forth” give and take, or must something more be involved?  If the same 5 people are in the same room, and all of them are talking all at once, does that rise to the level of a conversation?  Does interruption and talking over one another undermine the definition?

What if there is extraordinary politeness — of each waiting his and her turn — and where no one interrupts, there is a pause between each discourse and a civility beyond mere lack of rudeness, but upon listening, one realizes that each one of the individuals is speaking about a completely different topic, and there is no interaction or even acknowledgment that anyone is listening to anyone else — does this all of a sudden undermine the concept of what is occurring?

This is an Age of Discord — of intractable positions taken, where the foundations that once formed the Age of Reason have been decimated and we are left with empty voices of loud vehemence, hollow in content but roaring in volume.  Truth, objectivity, logic and rational methodology — the very essence of discourse and conversation — have been hollowed out and cast aside.

It is now in camps of “us” against “them”, but the singular missing component that has devastated the capacity to have a conversation is the one that no one ever talks about: The ability to recognize and admit that someone else’s argument is superior to one’s own.

When was the last time you heard someone say: “Hey, that argument is quite good and persuasive.  I think you are right.”?  Instead, it is the familiar refrain: “That’s just your opinion.”  And as the volume of decibels increases, the content of substance proportionately and precipitously falls.

There are, of course, various levels of conversations, but one level is clear: Listen to the other side.  This also includes reading, recognizing and understanding the applicable statutes in an administrative process in order to meet all of the elements of the burden of proof.  Being intransigent and stubborn are qualities that makes one feel empowered, but concurrently, are often self-defeating.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal and Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it all begins with knowledge — of the statutes, the case-law and the precedents that apply.

We may all have to concede that the Age of Conversations is over; what we may be left with is a process where, at the very least, one must listen and try to learn.

Federal Disability Retirement is an administrative process which is never simple, and must be approached with knowledge, tenacity and an ear to listening to what is needed in order to meet the eligibility requirements.  Having a medical condition is a start, but it is not enough.  And like conversations that may have started but puttered out without fanfare, preparing an effective Federal Disability Retirement application will take more than talking about how we “feel”.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement from OPM: Ruminations on the past

Whether one does X is often of little significance; “Why” it is done, and to what extent, is quite another matter.  The past – whether of long ago, beyond the time of memory holding presently or of history being read about, or the past of one’s own kept in sequestered moments of reflective thought and in photographs carefully guarded and encased within a protective album of shelved remembrances – is a time behind; the future, an angst-filled uncertainty few of us look forward to.

It is the present, and how we treat it, spend it, work it and waist it away or labor furiously to appear “productive” about; and then, there are ruminations on the past.

That is where the “why” and the constant obsessions begin to overwhelm – of what we could have done differently, where we “went wrong” and what lessons can be gleaned for today.  Ruminating on the past is a favorite pastime for many; but when it begins to destroy the future by robbing from the present, it is time to set aside such wasted efforts and begin to focus more upon one’s current situation in order to prepare for the future.

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 to set aside ruminations on the past is “now”.

Preparing a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, takes up a significant amount of time, effort and required focus upon gathering the necessary information, presenting the compelling facts and establishing the legal nexus between the medical conditions and the essential elements of one’s Federal or Postal position.

In doing so, ruminations on the past need to be suspended; angst-ridden obsessions about the future will need to be ignored; and only the “present” focus will become the necessary standard.  Ruminations on the past can come about sometime in the future; it is the present concern about past events that will be significant in securing one’s future by preparing, formulating and filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Conversation of one

Are we the only species which engages in it?  Do we ever see a dog standing aside and participating in such a phenomena?  Or a cardinal pausing in its morning melody of exuberant sing-song in order to address a non-existent other?  And, it isn’t even an artifice or convention for which the actor is being paid, as in an “aside” or a “soliloquy” where private thoughts are spoken aloud for the benefit of the audience, but where others in the drama act “as if” such thoughts are unspoken and shared not.

But we engage in such dialogues of diatribes:  with friends whom we practice in order to share; of spouses concerning the most intimate of matters; of bosses and coworkers to whom we failed to respond at the crucial moment, but now vent by a conversation of one of that which we wished we had said, desired to rebut, and cared to ponder.

The proverbial quip, of course, is that we are “okay” so long as we have such unilateral dialogues; it is only if the imaginary “other” begins to respond, that we then must consider the state of our own sanity.  But such colloquies occur daily, and throughout life; in quiet moments of reflective self-searching; of what we “would” have said, could have uttered, and in retrospective fashion, desired to have conveyed.

The conversation of one is often never shared; once exhaustively vented, it withers away like the ashes from a once-roaring bonfire, consuming all of the human detritus piled in anger, disgust and resentful remorse, then with watchful eyes applauded as the engulfing flames consume the aggregation of the collective angers, hurts and inflicted bruises of a shattered inner self.  It is sometimes the tool in preparation for a necessary confab; or an exchange with a worthy opponent; and where ad libbing without proper preparation is acknowledged to result in likely disaster.

The conversation of one — we have all had them; with parents and siblings; of sons and fathers; and for cardinals who chirp in the morning glory of a dew-filled mist in the obscured world of linguistic artifices constructed upon vacuity of purpose, it is the beauty of a filled universe without the complexities of human drama unfolding, that makes for worth and value.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, however, the need to have that conversation of one is often a prerequisite precisely because medical conditions comprise the most private of concerns, and absolute confidentiality must be adhered to and the strictest of trust kept.

Attorneys have an inviolable rule for trust, confidence and confidentiality, and privacy concerns should never be a question.  At some point, that conversation of one needs to be expanded to include an exchange involving proper medical documentation, the statutory criteria, the legal strategy to pursue, and the content and context of what must be included in order to prepare, formulate and file for an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.

Preparing an effective Federal Disability Retirement application through OPM, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, will often begin with a conversation of one, and that is understandable; but if it remains a mere soliloquy, as in a Shakespearean play where each in an audience believes that he or she is the sole soul who heard it, then it will remain merely as the unconquered thoughts of countless past warriors who gave up lives for a cause left in futility, and where the present is never confronted, and the future left unsecured.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: Of Karl Popper’s ‘World 3’

Karl Popper’s division of the world into three clean segments of definable universes was, on the one hand, quite controversial — especially as the esoteric world of philosophy had been steadily ‘progressing‘ towards pure materialism and scientism; and yet, on the other, self-evident to almost a simplistic, tautological fault.  Perhaps that is the very implication of profundity: it is that which appears so basic and elementary as to presuppose idiocy, but containing such inherent complexity as to remain beyond the reach of most.

In simple terms, the division of the world followed the classic lines of human history and linear development of evolutionary concordance: ‘World 1’ referred to the physical universe surrounding us; ‘World 2’, the purely psychological make-up of human beings, with a special concern to Popper concerning the internal pain and anguish which we feel; and of ‘World 3’ — that universe which is the subject of this short blog, the aggregate of human products and man’s creative injection into the world, comprised of art, literature, cars, buildings, customs and normative behavior, including dress, style, fashion, etc.

There is, of course, inevitable interaction and intersecting between the bifurcated ‘worlds’ — for example, a book of literature (say, Salinger’s The Catcher in the Rye) would be both an object existing in ‘World 1’ as well as a product of human creativity from ‘World 3’. But note the peculiarity of the overlap, which makes for a unique phenomenological observation: Say you had 2 copies of the book, but one which was published in January, 2015, and another with the stated date of July, 1951.  Consider further the added element that in the latter edition, a scribble appears, which happens to be the autograph of the author.

From the perspective of Popper’s ‘World 1’, both objects would appear to be essentially identical — with the former intact, and the latter somewhat damaged because of the graffiti defiling a clean page.  However, from the vantage point of the person who possesses and ‘owns’ (a concept which would clearly belong to Popper’s ‘World 3’, as well) the autographed object, a sudden recognition of value, wealth and uniqueness would immediately attach — leaving aside intersecting points with ‘World 2’ involving envy, jealousy, awe and disbelief (which would be shared by the undersigned writer).  Thus do the various and variegated ‘worlds’ of Karl Popper posit for our study, agreement/disagreement, and further reflection.

Such division and segmentation of worlds and universes are often proposed merely for esoteric and pedantic purposes; of ivory tower conceptual constructs which have little to do with the day-to-day lives of ordinary human beings who struggle to make a living, maneuver through the complexity of the world, and attempt to survive the manipulative machinations of a society governed by microcosms of powerful but unnamed sources of evil and collusion.  But there is a recognizable worth and value to some of us, for pointing out the existence and demarcation of artifice as opposed to the natural environment from whence we came.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, such a bifurcation of the universe into clean segments of definable compartments, is to recognize that the complexity of the administrative and bureaucratic process encapsulating the entirety and aggregation of the process cumulatively entitled, “Federal Disability Retirement under FERS, CSRS or CSRS Offset”, is ultimately a product of Popper’s ‘World 3’, and not merely a nightmare emanating from the deep recesses of our troubled psychosis self-contained in ‘World 2’, but of an intersection between the universe of madness created by our own desire to further separate ourselves from the simplicity of ‘World 1’, from whence we came.

Sincerely,

Robert R. McGill, Esquire

 

Separation from Federal Employment due to Disabling Conditions: The Cost of Human Detritus

Whether used metaphorically or in stark linguistic pragmatism but described with a shroud of nicety cloaked by innuendo and oblique allusion, the aggregate of detritus produced and scattered is daunting when calculated by daily volume, multiplied by the current population, and exponentially projected in terms of a mere decade or two.  But waste or debris can take on many forms, including a reference to loss of potential, shattered emotional and psychological constructs destroyed by garbage left in the wounds of a child harmed.

Human detritus is the compilation of all of the garbage gathered by society, whether of abandoned towns and provinces left hollow and uninhabitable because of the ravages of war, or the production of things used and discarded for daily convenience; and in metaphorical terms, of the skeletons of men and women shed of the substance of form and character because of the treatment weathered on the shores of indecency.

Gather up the cumulative aggregate of human detritus having occupied this planet, both in terms of physical objects and the wounding shards of deliberating projectiles intent upon destruction and devastation, and we have a daunting sense of who we are, what we stand for, and where we are headed.  Waste and debris; in the end, will those two words describe the sum total of what we have contributed to the world around us?  What is the algorithm, or methodological approach, in determining that conclusion of accomplishments at the end of our lives?  Is it determined in terms of how many neighbors and friends we destroyed, or of whom we bamboozled?

For Federal employees and U.S. Postal workers who seek to file for Federal Disability Retirement benefits out of necessity of circumstances, it often appears that the answer to the previous question is found in the extent and unlimited character of cruelty found in the essence of humankind.  Harassment, workplace stress and intolerance of less productivity discovered in the Federal or Postal worker who suffers from a medical condition, are merely further indicia of the eternal bewilderment we discover concerning human invective.

Accommodation of one’s medical condition is rarely found; an exponential rise in human passivity and loss of empathetic response has become the norm; and because there is no other exit, 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 the alternative of choice, and understandably so.

For, in the end, the cost of human detritus resides not in the workplace which we left, or the placards promised but discarded in the hidden closets of dusty psyches; rather, the cost is counted by the scars hidden when actions known to benefit remain mere thoughts of procrastinated dreams, like the warm breath of gods and angel’s wings fluttering in the timeless eternity of last year’s wishes.

Sincerely,

Robert R. McGill, Esquire