Federal Employees Retirement System (FERS) Disability Law: Life’s Frenetic Pace

Is it any more than in times past?  Without an actual reference point, lacking in contrast to historical contexts, unfounded by knowledge no longer available — is the frenetic pace by which we live any different from previous eras?

Certainly, in times prior to the industrial revolution, before refrigeration was invented, technology as part of our accepted daily lives — the focus was more upon having food sufficient to provide for our daily needs.  In the modern era, the source of food is rarely a problem; rather, if it is a problem, the concern is one of how to afford it.

Access is different from availability.  Technology itself, of course, is always touted as time-savers; that by downloading this “App” or purchasing that gadget, you’ll be left with greater time spent in lazy leisures of accommodated peace and prosperity.  Life’s frenetic pace in modernity, of course, has a price — and that price is often the cost of one’s health because of the stress we are under.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows for continuation at the frenetic pace by which we live, filing for Federal Disability Retirement benefits under FERS may be the best option to take.

Contact a Federal Lawyer who specializes in Federal Disability Retirement Law, and begin the process of paring down the frenetic pace of life.

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 Medical Disability Retirement: Problem Solving

We are not all that good at it; some, better than others; the rest of us, standing by as watchful bystanders.  Is problem-solving done by methodological discourse, or by random attempts of trial and error?

Certainly, for engineering and scientific challenges, esoteric training and background has an advantage; but did the first person who came to the end of a peninsula and observed an island just beyond — did the thought of a bridge or a boat appear because of some specialized knowledge, or simply out of one’s imagination?

In modernity, problems and their solutions tend to be compartmentalized into specialized areas of training.  Aside from problems of the run-of-the-mill character (family squabbles, teenagers, lost pets and a leaky faucet, etc.), most are challenges within a specified field of expertise.  We no longer live in a world where mysteries abound and explorers wonder (wander?) whether there is an edge at the far side of the oceans.

For Federal employees and U.S. Postal workers who have a problem with a medical condition which prevents the Federal or Postal worker from performing all of the essential elements of one’s Federal or Postal job, it may be time to call an expert in the field of Federal Disability Law and prepare, formulate and file an effective Federal Disability Retirement application.  For, problem solving is not merely a matter of a problem identified, but of a solution thoughtfully contemplated.

Sincerely,

Robert R. McGill, Esquire
FERS OPM Disability Attorney

 

Federal & Postal Medical Retirement: The Mistakes We All Make

Are they correctable?  Are they irredeemable?  Is there some office at the local government building marked, “The Department of Corrections” — No, not the one that runs the prison facilities, but another, more important one: An Agency that can correct the mistakes we make in life.  Such a Department, if it exists, might have the following conversation:

“I need a mistake corrected.”
“Take a number and have a seat.”
“But it’s an emergency.  I need the mistake corrected immediately.”
“Emergency mistakes are handled by the Department of Emergency Corrections just down the hall.  Take a left out the door, then the 2nd right, and the third door after the right turn.”
“Can they correct all mistakes — even ones that seem to be stupid ones?
“If it is a stupid mistake, then that is taken care of by the Department of Stupid Mistakes.”

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, consult with an attorney who specializes in Federal and Postal Disability Retirement Law.

Even if you have already begun the process, it is important to make sure that your Federal Disability Retirement application is as “mistake-free” as possible; and while there may not be a “Department of Corrections” of any sort, a FERS Disability Attorney who specializes in Federal Disability Retirement Law comes as close as you can get in responding appropriately to such an inquiry.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Callous Indifference

Can callousness be limited to indifference?  Or can it be active, affirmative, and intended?  Is there a qualitative difference between cruelty which is intended and that which disregard represents?

We often think of callousness as a passive activity — as in a person who walks past tragedy without giving a pause, a second thought or consideration.  But does it matter if a person instead stops, expresses empathy, speaks a lot of flowery words — then walks away still doing nothing?  Does the expression of “right and appropriate” words make a difference?  Or of the person who intentionally harms as opposed to refusing to intervene when cruelty is exposed — is there a qualitative difference between the two?

Agencies, entities, large corporations, bureaucracies, etc. — they are often charged with “callous indifference”, whether because they mechanically follow the dictates of an inflexible company policy, or because individuals within the company have become so attuned to a corporate attitude of indifference that they have simply lost their humanity.

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 the job, callous indifference is often the attitude encountered by the Federal agency or the Postal facility.  It is sadly a fact of life.  And if you decide it is time to file for Federal Disability Retirement benefits under FERS, you will likely find a similar attitude of callous indifference from your Human Resource Office — yes, that very department which is supposedly set up to be of assistance in the process.

Consult with a FERS Attorney who specializes in Federal Disability Retirement Law, and begin to separate yourself from the callous indifference of the world around, and initiate the process to take care of yourself in the process.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: 2 countervailing rules

Here are 2: If you have an idea late at night, unless you write it down, you will never remember what it was in the morning.  The other half of the countervailing rule?  In the morning, it won’t seem as profound a thought as it first appeared late the previous night.  Or: Forgiveness can come easily when once you admit to your fault; and the counter to that — if it is your spouse or close relation, don’t think that you won’t be reminded of your need for forgiveness when once the first sign of trouble appears.  And another: Time will heal; yet, the countervailing reality: others rarely care to sacrifice their time in order to allow for the time needed to heal.

And for Federal and Postal 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, the first “rule” of the 2-part countervailing rules of life is often: “Oh, I have been such a good employee all of these years, I am sure that my Agency or the Postal Facility will be understanding while I prepare a Federal Disability Retirement application — for, doesn’t all of those years of good service count towards a good-will well deserved?” And the countervailing rule to that is: “Buddy, you’re no longer going to be a part of this team, and what you did yesterday counts only until this morning, and no more. Let us give you a freshly-minted medallion that you can pin on your lapel, and boot you out the door the moment we discover that you are planning to file for Federal Disability Retirement benefits — even though you are doing only that which you have a perfectly reasonable right to”.

And thus do the countervailing rules always come in a duality of balancing coordinates; and, unfortunately, the behemoth of a Federal Agency or the U.S. Postal Service always seems to have the upper, dominant hand, which is why you may want to first consult with an attorney who specializes in dealing with such countervailing rules of life.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Employee Disability Retirement: The inner voice

It is always the private conversation that is the most dangerous and unpredictable; for, the voices within are unknown to the surrounding conversations without amidst the public domain, and are most persuasive precisely because the multiple participants come down to a single voice: The “I” or “me” of the inner ego.

The soliloquy is a theatrical device which allows for the audience in a play to hear the “inner” thoughts of a character on stage; sometimes, the actor will stand aside while other characters on stage act “as if” they do not notice the separate thoughts being conveyed to the audience, and both the audience and the stage players engage in a suspension of disbelief while the soliloquy is deliberated; and at other times, the private thoughts are given over to the audience in a lengthy speech — a monologue of sorts, revealing the inner turmoil of a given character.

In real life, such oratory mechanisms are unnecessary, precisely because the voices within remain in a constant monologue of insularity, unimpeded by overzealous listeners who may hear the gossips within.  What voices are spoken within the mind of the wandering individual?  In a crowd, where the cacophony of multiple voices dominate and criss-cross, how many other voices are loudly vying for position within each of the minds that remain silent to one another?

Often, it is the very voices within which are the most dangerous, if only because there are no others countering the logic — or illogic — of the arguments made, and it is precisely because of the singular voice without a countering perspective that makes for greater danger of persuasiveness.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the 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 position within the Federal government, the voices within must often remain private and hidden precisely because the voices without lurk about as potential hazards to be avoided and carefully sequestered.

The mere “asking” about filing for Federal Disability Retirement may trigger reactions that are unwanted from the Agency; the questions that begin to be asked, the administrative actions that could be imposed, and the harassment that often follows — these will often force the voices within to remain within.

Consulting with an attorney who specializes in preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management is often the first and most important step that a Federal or Postal worker who needs to file for Federal Disability Retirement benefits can take; for, the voices within more often than not needs a counter-perspective and guidance beyond the singularly lonely voice of a soliloquy that has no audience but one’s self.

Sincerely,

Robert R. McGill, Esquire

 

 

Federal Disability Retirement Application: The effective legal argument

What makes for an effective legal argument?  It is a question often asked, and pondered by many.  For Federal employees and U.S. Postal workers who are considering preparing, formulating and filing for Federal Disability Retirement benefits under FERS, CSRS or CSRS Offset, the issue is often preceded by another question:  What makes for an effective Federal Disability Retirement application?  Must legal arguments be made at the outset, or will the mere gathering of relevant medical documentation itself suffice, without the burdensome addition of legal argumentation?

Is the introduction of law and reference to legal citation necessary, and does such necessity enhance efficacy and chances of success at every stage, or just in the later stages – i.e., before an Administrative Judge at the U.S. Merit Systems Protection Board, or before a panel of Judges in a Petition for Full Review (often referred to as a “PFR”), as well as before a panel of 3 Judges at the highest level of the process, the Court of Appeals for the Federal Circuit?

Certainly, the process itself does not “mandate” a legal requirement for argumentation of law; yet, inherent in the system itself – or, because there are multiple legal opinions, precedents and statutory foundations which form the core of every Federal Disability Retirement application – it is a “good thing” to include legal precedents and foundational arguments in preparing and formulating one’s Federal Disability Retirement application.  Is it necessary?  Is it “absolutely” necessary?  Just as the insertion of more adjectives and adverbs do not enhance clarity of answers, so the question itself must be judged by the relative importance of omitting that which may not be required, but which may be helpful in increasing the statistical correlation to a successful outcome.

Law cannot ultimately be avoided, either in filing a Federal Disability Retirement application or other venues of justice and conflicts, anymore than one can drive down to the corner mart without having some nascent knowledge of the legal workings intermingled and intersecting with modern society.  For, in this complex society of compounding difficulties and systems of comingled conundrums, that which is not known or otherwise ignored, can indeed harm us.  Not being aware of the speed limit in traversing the short distance to the store can result in being stopped.  Not being aware of laws governing carrying or transporting of weapons can have even greater and dire consequences.

And, as all forms required to be filed in every Federal Disability Retirement application was and remains based upon statutes, regulations and precedent-setting opinions rendered by the Federal Courts or the Merit Systems Protection Board, so it is important in preparing an effective OPM Disability Retirement application to have some elementary awareness of the relevant laws impacting upon the criteria governing Federal Disability Retirements.

Few things in life exist in a vacuum, and preparing an effective Federal Disability Retirement application is no different.  In any arena of law, laws matter.  That may sound somewhat like a trite opinion, and an irrelevant repetition of a self-evident truth, but it is meant to merely be a reminder, that as in all other areas of life and living, in the venue of legal matters, providing an effective legal argument is an essential factor in winning a FERS or CSRS Disability Retirement application.

Robert R. McGill, Esquire

 

OPM Disability Retirement: “The Work Of 10 People”

We have all heard the boast:  “I do more work in an hour than most people do in a week”; “I earn the wages of 10 people before breakfast”; “I do twice the work for half the pay”; and on and on.  The plain fact is that each individual, no matter the self-interested tropes of inane contradictions, performs the quantitative and qualitative labor of that singular effort, and no more.

Some may meet greater production quotas; others may appear to make significantly faster headway into concluding projects and assignments; but the boast of self-worth is nothing more than a comparative analysis which ultimately fails when proper relative proportionality is conducted; there are always others whom you have not met, hardly know, or will likely never encounter, whose competence outshines the vast and endless ego of your own self-assessment.

Where does such self-delusion originate?  And are there more such self-assurances in modernity than times of yore, when the steady hand of methodical progression marked the greater component of accomplishment than the technological rapidity of keyboard firing squads?  Or, of that other boast that one’s work has already been completed an hour into a workday, while others move in segments of slow motion, like a reel of film stuck in the ink spot of eternal delay?  What ever happened to the idea of a team effort, a communal approach, or even of a collective combine of aggregate accomplishments, where personal valor and individual recognition is sacrificed for the greater whole?

In modernity, in this millennial, during these self-aggrandized times, the focus of vulnerability is based upon an egocentric mirror of reflective selfishness.  As one has been taught throughout grammar school and higher education that the war hero is merely likened to a sports hero, where the term “courage” is another fungible word that can be applied as much to the battlefield as to a spectator sport of button-pushing, so the worth of an individual is relatively compared to a production quota, like mere means to the end of a drama.

In the administrative law of Federal Disability Retirement, that sense of worth is greatly diminished and deliberatively demeaned by the hostile attitude towards a Federal or Postal employee with a medical condition.  Don’t think that the years of productive accomplishments touted previously will mean a farthing’s worth of reserved good will; it means nothing.  What is done today and promised tomorrow are the two components of meaningful discourse; any delay or doubt evinced by one’s medical condition, is but a red-light indicator for termination or administrative sanctions.

For Federal and Postal employees who can no longer perform one or more of the essential elements of one’s positional duties, preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is indeed a means to an end – to escape the growing boast of that Supervisor or Manager who believes that the Federal or Postal employee who suffers from a medical condition is the same one who hinders by being an obstacle of existence for doing the work of 10 people, when in fact he or she is merely one of a greater collective effort, nor more than the worth of the dismissive “you”.

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Disability Retirement: Cavalier extinctions

We focus much on lost species, forever erased at a rate of untold apocryphal dimensions, as if the deletion of undiscovered DNA material might never be recovered, and thus for once, we worry about things which we have never known ascribed as that which “could” have saved us from our own extinguishment, all the while ignoring the plight of human detritus all around us.  We do that with fading civilizations, too, don’t we?

We argue for egalitarianism, impartiality, and for all things being of equivalency in value and worth; but, somehow, the “primitives” remind us of that romanticized notion which touched our nerves, even as Rousseau created a fictional “State of Nature” in which we lived in complete harmony (but for those few who, through brutish force and uncivilized conduct, forced us into an unwilling social contract in order to aggregate our weaknesses against a Hobbsian Leviathan for self-preservation and protective numerical advantage) and to which we pay homage in childhood fantasies.  And so we strive to pursue our own environmental agendas, as if we can police the universe against the insanity of our own making; all the while, we engage in cavalier extinctions, ourselves, though we may name it by another identity.

We form and drop relationships; we friend, defriend, add and delete with a push of a button; we even divorce and break up so-called lifetime commitments, with the cavalier explanation that it is “better” to live in harmonious consonance than to subject the innocent to daily ravages of our own termpermantal tumults.  An electronic screen, whether on a tabletop, laptop or a smartphone, can easily bring the bright glare of activity as the blank blackness of nothingness.

That is why extinguishment of purported “friends” can occur just as easily as engaging artifices of friendships; the button itself determines the substance and depth of any such relationship.  It was hard enough actually know and tolerating people; it is easier still, to know them on the tablet of a screen, and not have to contend with irritants of behavioral eccentricities.

On the spectrum of human growth, we are stunting ourselves by relegating the mechanism and tools for human conduct to mere words and responsive utterances on lighted screens.  The tools which we provide to the innocents, to develop those traits for successful human interaction, are diminished by the limited resources available via distance interaction.

For Federal employees and U.S. Postal workers who suffer from a medical condition, and who by necessity must consider 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, the notion that there is a negation of estimable empathy, sympathy, and just simple human caring, becomes a glaring reality too quickly, too forcefully, and with a dosage of untold reality.

Will it only get worse?  Probably.  As the new crop of managers and supervisors who have little contact with actual relationships, but whose voided perspective has been formed by online services of gratuitous and dubious authenticity, the level of understanding and mechanisms for human compassion become exponentially diminished.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management for a Federal employee or U.S. Postal worker is not a mere choice of optional engagement; it is spurred by necessity and human tragedy.  But beware, as this brave new world of cavalier extinctions will bring forth the worst in the unclaimed losses of genetic materials, where the Darwinian principles seem to finally win out in a battle of fierce and unwitting conflicts for the survival of the fittest — or meanest.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement Benefits: Reality T.V.

That we would have the imaginative capacity to invent such a medium and attract countless millions to sit and passively view the saga on a picture screen tells much about our species.  To be persuaded to suspend disbelief and discuss it as if it reflects a reality and can be designated as such, unmasks the myth of representing the pinnacle of the highest order.

Perhaps it is pure escapism which propagates the widespread popularity of such shows; or our desire to believe, which is that essence of being that caricature encapsulated by the quote often misattributed to P.T. Barnum, the greatest “showman” that ever was, who allegedly said that there is “a sucker born every minute.”  That the quote itself is associated to a fellow showman — a precursor to the television shows of modernity purportedly engaging in the make-up world of a reality no one has ever witnessed nor seen but through the dumbing influence of the idiot box, is appropriate and predictable.

What countless hours of wasteful time spent voluntarily barraged by datum destructive of digitally devoid dalliances; and yet we continue to add to their popularity.  No other species has the time, inclination or patience to sit for hours each day, tens of hours each week, in engaging an activity where the prerequisite is to suspend disbelief and become inert objects in a universe alive with activity.

Environmentalists often argue that the food we consume no longer provides the nutritional value once inherent, precisely because the biological dynamism once part of the soil of the earth no longer contains the living contingencies now depleted.

Inertness is everywhere around, and like the dystopian stories which have more recently become popular, the deadening of souls has been but a reflection of our own actions.  We invite most harmful things voluntarily — even reality which is unreal.  The one element we never “invite” into our lives, of course, is a medical condition; yet, when it appears and attacks, it often leaves us unable to face the very real reality of its debilitating and progressively deteriorating effects.

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 positional duties, the need to 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, requires a suspension of disbelief, as well.  For, there is often that period of not quite believing that “you” will not be able to return to work, continue on in the career, or overcome this “temporary” setback.

Real reality is often rather uninteresting, especially in a world which provides entertainment that excites a deadened soul; but when that real reality becomes a reality such that the inertness of life’s reality must contend against the entertainment of Reality T.V., then it is time to push the “off” button of that technology which invades the hurting soul, and begin the hard road of real reality by preparing, formulating and filing an effective Federal Disability Retirement application through OPM, in order to save some semblance of a future reality hopefully not dystopian in its surreal reality.

Sincerely,

Robert R. McGill, Esquire