FERS Medical Retirement: The Age of Absolutes

Philosophy attempted to discover them; Theology claimed to probe them; and Science promised to apply them.  Absolutes — those Aristotelian principles undergirding the mechanisms of grinding Nature.  Philosophy became entrenched in the perennial questions without resolution; Theology became sidetracked by a Darwinian view of the world which seemed to undermine its authority, whether by a yawn or a snarl; and Science turned into a business like any other — sometimes workable, at other times a sham.

And with failure comes resignation; and so we have the current state of affairs — no less the Age of Absolutes, but this time not based upon any principles, methodology, testing of a hypothesis or any grand theory of Relativity or other doctrine of stupendous profundity; no, and yes — Yes, we still live in the Age of Absolutes, but No, it is not based upon anything of substance; merely, our own opinions.

Listen to the airwaves; hear the voices in politics; open your eyes up to people speaking; freedom of speech has become relegated to the liberty of opinions — and it doesn’t have to be based upon anything but “whole cloth” and “thin air” — or, more likely, of hot air.  The Age of Absolutes has become the fabrication of man’s achievement — of thinking of himself near the Angels, above the brutes, and building the once-crumbling civilization that began with the Tower of Babel.

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 — if you tried to engage the First Stage of the Federal Disability Retirement process and received a Denial from the U.S. Office of Personnel Management, you will note that OPM writes its Denial Letter “as if” they are the gods of Absolutism.

The Denial Letter makes it sound like you never had a chance; that nothing that you submitted came anywhere near meeting the legal criteria to be eligible for Federal Disability Retirement benefits under FERS.  But remember — as with dead philosophers, former theologians and mistaken scientists, OPM can be, and more often than not, is (as in the “isms” of modernity) wrong in its assessment in denying a Federal Disability Retirement application.

Their absolutism in denying your disability case is merely another example of this Age of Absolutes.

Contact a FERS Lawyer who specializes in Federal or Postal Disability Retirement Law, and begin to counter the false absolute of OPM in this gilded Age of Absolutes.

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 the Office of Personnel Management (OPM): Giving the Argument

It can be a sign of over-confidence, or merely a regret for a mistake made.  Granting the “other side” — whoever it is — the ammunition to make their argument, is normally not the best strategy in any endeavor.

Sometimes, in a debate, it is a strategically advantageous move to “grant” the other side the argument they are about to make.  By doing so, two things may occur: First, a quiet recognition that the argument granted is a powerful one, but by preemptively dismissing it via the power of concession, it undermines the efficacy of the argument itself.

Second, it makes moot the necessity of the opponent to actually make the argument, thereby focusing the debate upon other issues — ones which you want to emphasize.

Such “giving” of the argument, however, is quite different from the times when we mistakenly provide fodder to the other side for greater strength to “their” argument, and concurrently, weakening one’s own position.

Thus, for example, in a OPM Disability Retirement case, it is normally not a good move to suddenly resign from one’s Federal or Postal position before filing for Federal Disability Retirement benefits — for a number of reasons.

For one, it gives OPM the argument that, “How do we know whether or not your agency or the Postal Service could have accommodated you?”  Giving the argument to the other side should always be a deliberate and conscious decision at the outset.  It should not be a move based upon regret.

To prevent that regret, contact an OPM Disability Ret. Lawyer who specializes in Federal Disability Retirement Law and begin the process of formulating your arguments, and preventing the giving of the argument which might defeat your own case.

Sincerely,

Robert R. McGill, Lawyer

 

Federal Disability Retirement: When Winning becomes a Problem

Winning is always better than losing.  But if a person, entity, organization or body is empowered with the responsibility of merely applying a regulation, a set of rules, a legal analysis, etc. — and is supposed to have no “interest” in the outcome of a case or issue — then “winning” can become a problem.

Whenever people are involved, egos and self-interest are by nature intertwined.  To declare that “X has no interest” in an issue is to try and ascribe an automaton — a mere computer chip with no personal, emotional or other “interest” involved.

One argues, often, that because “X doesn’t get anything out of it, therefore X has no interest involved”.  But having an “interest” can involve more than just the question of whether there is some personally identifiable and quantifiable interest — it can also involve the mere act of “winning”.

In a Federal Disability Retirement case, “winning” can become a problem for the U.S. Office of Personnel Management.  Even in the face of overwhelming evidence that a Federal or Postal worker is eligible by law to receive Federal Disability Retirement benefits under FERS, the approach taken by OPM of taking sentences out of context, of making irrelevant legal arguments, of overstating the importance of certain issues, etc., reveals and manifests the problem of winning.

To counter that, and to give yourself a greater chance of not finding yourself on the “losing” side of things, contact a Federal Disability Retirement Lawyer who specializes in Federal Disability Retirement Law, and make “winning” a problem for your own side.

Sincerely,

Robert R. McGill, Lawyer

 

Federal Employee Disability Retirement: The Difficult Road Ahead

The challenge of the day ahead may not even be known, yet.  It is like the parable of the young man who thought that the day’s challenge was comprised of taking a test that he had barely studied for; upon waking, a tornado crumbled his house and he lost all of his belongings; his fiancé broke up with him and ran off with his best friend; his parents informed him that they were financially ruined and could no longer pay for his tuition; and on top of it all, his dog and only remaining friend ran off with his now ex-fiance, preferring her company to his.

But that he could have seen the difficult road ahead as merely the test-taking task; reality was much harsher than the imagined problems, and yet his imagination and worry about the test for which he was unprepared caused greater damage by robbing him that morning of a sense of peace.

Now, take the counter-parable: The same young man, but he woke up worrying about potential calamities that might occur: Maybe his fiancé didn’t really love him and would run away with his best friend; perhaps his parents will encounter financial difficulties and leave him penniless; it could turn out that a tornado could hit his town and destroy everything; and what if his dog ran off, never to return again?

None of these events happened, and he got up early, studied for his test some more, and performed adequately.  Yet again, however, the worries he worried about — although none came to fruition — did greater damage to his health than the reality of what actually occurred.

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 his Federal or Postal job, the difficult road ahead is comprised of a number of factors: One’s medical condition; the incompatibility between the medical condition and the Federal or Postal job; and whether or not the Agency or the Postal Service can accommodate you.  Let’s not worry about things that may or may not happen, but attend first to the things that are actually occurring.

Consult with a FERS Disability Attorney who specializes in Federal Disability Retirement Law and map out a realistic strategy in dealing with the real problems on the difficult road ahead.

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

 

FERS & CSRS Disability Retirement: The mindful debate

The concept itself can take on various meanings: of a “thoughtful” discourse or disagreement between two or more individuals; of a debate that takes into account factors leading to a courteous and conversational engagement; or of even a third meaning — that of an insular soliloquy, where the only voices participating in the debate are those of one’s own: voices that are never heard by the public ear, nor recognized by anyone else but the lonely voice within.

That is often the most dangerous of debates; for, in the end, who is the judge of such a debate, as to who wins or loses the argument?  Was there ever a chance for a third voice — an “objective” party outside of the confines of one’s own mind — to bring in another perspective, a different thought or a distinct voice of reason?

No — the mindful debate that includes only the purveyor of a one-sided perspective is predestined to conclude with a narrow viewpoint, and moreover, one that cannot be properly judged as right or wrong precisely because it was predetermined at the outset to a perspective unwilling to listen to differences. How often and how many walk about silently while never engaging others, forever having the mindful debate within?

It is too often the voices that consider the validity of such a debate to be singular, lonely and irrational, if only because rationality needs the input of voices other than one’s own.  Such mindful debates can turn to the solitary agony of troubled waters resulting from a myopic and wrongheaded view that things are worse than they seem, and it is the “seeming” that leads one astray.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the singular voice that occurs in the loneliness of one’s mind is too often a one-sided debate until and unless you seek the advice of an attorney who specializes in Federal Disability Retirement Law.

Don’t let misinformation misguide you; do not allow for wrong paths to take you down error’s lane just because you have engaged in the solitary conclusions of a mindful debate.  Instead, before preparing, formulating and filing for Federal Disability Retirement benefits, to be submitted to the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset, consult with an attorney who specializes in Federal Disability Retirement Law and start including others in the mindful debate such that the mindfulness of the debate becomes also a thoughtful one.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The language divide

Why is it that language is often so far removed from the living of life?  Was Wittgenstein correct – that it is a distinct world, separate and apart, that really has nothing to do with the “reality” of an “objective” universe?  Was Russell’s cutting quips about the bald King of France a way to point out that the primitive outlook of the traditional correspondence theory of language – that words, concepts, etc. are meant to parallel the objective world “out there” – doesn’t quite fit the proverbial bill, and that we are left with a linguistic universe insularly created and forever divided from the noumenal world that Kant had identified?

Take the following short puzzle that was recently heard: “There are eleven birds sitting on the telephone wire.  A young boy takes a gun and shoots one, and kills it. How many are left on the telephone wire?” Now, the answer to that minor conundrum should be quite elementary, but depends upon how we approach it.

From a mathematical viewpoint, one simply takes the numbers – a purely “theoretical” approach, divorced from the reality of the objective world in which we live, and subtract the 1 dead bird shot by the young lad, from the original number of birds identified on the telephone wire, and come up with the correct answer: 10 are left, because 1 was shot and killed, and therefore the mathematical equation: 11 – 1 = 10.  But it turns out that the correct answer is: “None”.  Why?  Because once the boy fired the gun and killed the 1, all of the others flew away.  Now, one can scratch one’s head and say with self-effacement, “Of course!  That only makes sense!”  Or, one can pause and say, “Now, why wasn’t that as obvious as the answer now seems, after it is pointed out to me?”

Now, contrast that with “real life”:  A hunter goes with his loyal dog and flushes out 3 pheasants from the forest; he takes aim and kills 2; 1 gets away.  He is later asked, “How many did you get?”  He answers, “Two.”  He is asked:  “Any left behind?”  The hunter looks at the questioner quizzically, with some puzzlement.  Why?  Because the question doesn’t quite make any sense – why would you ask such a question?

The fact is that there is a language divide – in real life, asking “how many are left” is not a relevant question, because the reality of living one’s life has already revealed the reality of the living.  It is only when we turn reality into an insularity ensconced within a theoretical construct does it become a thinking universe divorced from the objective world around us.

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 issue of the language divide is a reality that the Federal or Postal worker must live with each and every day of your life.  That is because you live with a medical condition – the deteriorating effects, the daily symptoms, the chronic pain, numbness, gait imbalance, dizziness, vertigo, cognitive dysfunctions, etc.  The “world of language” doesn’t quite “understand” the reality of the medical condition, and is often inadequate to describe or decipher the sensations experienced.

That being said, in order to formulate an effective Federal Disability Retirement application, the language divide must nevertheless be bridged; for, an effective Federal Disability Retirement application must by necessity enter the world of language – of the Applicant’s Statement of Disability (SF 3112A), the medical reports, and legal argumentation with persuasive force; and it is the language divide itself which must become the vehicle for an approval from the U.S. Office of Personnel Management, so that when the single bird is shot, there aren’t any left to speak about on the telephone wire that connects language to the reality of one’s life.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation OPM Disability Retirement: Perspective versus reality

One may counter that the contrast is no different than that which we encounter daily, especially in this universe of millennials and post-millennial era – of opinion versus fact, or truth versus falsehood (and now the new one, of “news” versus “fake news” or “facts” versus “alternative facts”).  But “perspective” versus “reality” has some subtle nuances that need to be explicated.  For one thing, one’s perspective may be identical to the reality one possesses a perspective upon; or, more likely, it is merely an interpretation that may differ from someone else’s.

One could, of course, argue that all of reality is merely a perspective, and this would comport with the Kantian view that our phenomenological experiences can never depict the “noumenal” universe (Kant’s verbiage) that is outside of the categorical impositions of our human make-up, and that therefore the human perspective is something that cannot be avoided, anymore than a dog’s perspective can be assumed or challenged, or a bat’s perspective (refer to Thomas Nagel on that) would be understood or comprehended by a human’s perspective.

In other words, we can never completely disown the perspective imposed by the innate structures of our own “kind”, and thus it may be an error to ever represent a contrast between “perspective” and “reality” (thus the misnomer of the title above, “Perspective versus reality”), but should always encompass and embrace a commensurate connection of “Perspective of reality” (a consonance of the two) or “Perspective and reality” (a conjoining compatibility of both).

Yet, we know that certain people interpret things differently from what we believe constitutes an accurate portrayal of “reality”.  However, so long as we stay within certain confines of accepted normative interpretations, we rarely contest or openly disagree with alternative depictions, unless it is to obtain a consensus that somehow disproves the validity of the other’s portrayal (i.e., “Yes, but John, Joe and May agree with me”, as if quantification of perspectives somehow diminishes the accuracy of another’s; as opposed to saying, “Well, Copernicus thought otherwise while the rest of the world continued to maintain a geocentric perspective of the universe” – unless, of course, you are ignoring the “rest of the world” to include China, Japan, etc.),

Yet, there are factors that have to be considered when discussing the distinction between “perspective” and “reality”, and one of them often involves medical conditions – an element of reality that often skewers perspective.  That is why, for a Federal or Postal employee who is considering 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 importance of relying upon accurate information, good and sound legal advice, and a straight and narrow path towards a successful outcome with the U.S. Office of Personnel Management (no matter the length of time it may take these days), is important.

For, medical conditions will often alter the perspective of an individual as to the reality of one’s situation, and so it is an “outside” source (the medical condition itself) which needs a counterbalancing force (otherwise referred to as an “objective” advocate, i.e., a lawyer) in order to present an effective, objective, persuasive representative in order to “re-present” the perspective of the Federal Disability Retirement applicant.  Thus, in short, it is a perspective versus reality issue, and thus not entirely a misnomer as previously stated.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Claims: The phony smile

We have all seen it; the question is, how is it recognizable?

Well, one way is by the contrasting identification with other features of the human façade.  Here, Plato’s attributed observation that the eyes are the window to one’s soul, is that comparative characteristic that reveals the veil of the phony smile that uncovers more than words will tell.

It is that disarming act that defies sincerity but only is manifested when it is too late; of the knife that stabs one in the proverbial back just after the smile has been issued, like a letter that arrives with such anticipation of joy and yearning, only to begin with the proverbial warning, “Dear John”.

The phony smile is well known; it is perverse and pervasive throughout literature.

“Did you see that smile?”

“Oh, I can’t stand that person – what a phony!”

“The eyes – did you get a look at the cold stare as he smiled?

“Yes, he smiled, but those teeth that bared could have cut your heart in two!”

And so the phony smile has made its way through the analogs of time, truth and tempestuous and temperamental tumults, but has survived precisely because it is a smile that phoniness cannot always be certain to be questioned.  It is, as with words in insincere voices, the action that follows that determines the validity of the smile itself.

The analogy for Federal employees and U.S. Postal workers who are suffering 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 position, is in the way the Federal agency or the Postal facility treats the Federal or Postal employee when a medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s job.

The “smile” is what the Federal agency or Postal Service promises; the contrast to the “eyes” that tell of the sincerity is defined by what they actually do; and the determination that the former was “phony” is when they proceed to stab you in the back.  That is when preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, needs to be initiated.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement Lawyer: Insular Delusions

The advantages of holding one’s own counsel are multiple:  little internal strife; dictatorial rule; decision by fiat; complete control and dominance; no blame can accrue to others.  The downside, of course, are just as numerous:  no input from others; the limitation of new ideas, constrained by the perspective of one’s own thoughts and concerns; the fool’s impropriety of listening and following one’s own judgment; little to no brainstorming.

Judgement and decision-making by singular counsel has worked well in countries, corners and civilizations which respond subserviently to dominance and domineering.  But when the populace begins to realize that the emperor is not as wise as once thought (or declared by fiat to be by the dictates of the royal palace, issued in blaring tones and trumpeted daily in printed leaflets used by the peasantry for bookmarks and beddings), then the rumblings of a hunger beyond mere need and wants begins to pervade.

Insular delusions occur because the holding of one’s own counsel ultimately results in a circularity of logic and judgment, and unless new and fresh perspectives are allowed in, self-immolation is the resulting loss of vigor and vitality.  Further, when a deteriorating force begins to gnaw away, such as an unexpected medical condition, then sound judgment and rational perspectives give way to exaggerated and exponential quantification of fear and paranoia.

For Federal employees and U.S. Postal workers who 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, the decision-making process should always include counsel outside, above, beyond, and objectively-attained, in making decisions about one’s future and security from the ravages pending by one’s agency or the U.S. Postal Service.

Federal Disability Retirement is not just about securing one’s future; it is, moreover, a matter of establishing a capacity of reaffirming one’s potential in becoming employed, without penalty, beyond the Federal sector; of making sure that one’s accrued Federal time in-service is not for nothing; and to ensure that one’s rights have been protected in order to move forward into the future.

Insular delusions occur when an individual retains the sole counsel of one’s own accumulated wisdom; but as wisdom is not merely the aggregate of one’s own opinions and perspective, the delusions which follow are like the windmills of old where knighted grandeur resulted in the myth of Sisyphus, where the toil of rolling a boulder up the hill of agony left one depleted in the soul of the absurd.

Sincerely,

Robert R. McGill, Esquire