Tag Archives: copd and disability early retirement under fers or csrs

FERS Disability Retirement: The Acceleration Principle

In economics, the principle makes the logical connection between the demand for consumer goods and the requirement of accelerated production needs in order to meet the higher demand.  In other words, when the demand for consumer goods increases, it logically follows that the demand for equipment will accelerate because the means of production in order to meet the consumer demands will need to be fulfilled.

In a similar vein, there is a parallel principle in other sectors of life — educational acceleration of mediocrity, for example.  It would make sense that if a country’s educational system systematically reduces its standards of excellence, that as the years pass, everyone over time will be dumber because those students who go through the “system” and go on to become teachers, will teach the next generation of students at a reduced level of rigor, and the acceleration principle will come into play as each successive generation teaches the next at a dumbed-down level.

Similarly, wouldn’t this same principle be applicable in areas of reading, for example — where, a nation which reads less but expends a greater amount of time in watching videos, becoming entrenched in the virtual maze of computers and Smartphones, or in video games, etc., will accelerate into a population of illiteracy and cultural ineptitude?

How about in health — isn’t there a similar principle experienced, where being young can somewhat compensate for a chronic health condition, but where age or some traumatic event can trigger and accelerate the health condition where, heretofore, it had been somewhat managed and controlled?

The U.S. Office of Personnel Management, of course, will turn that on its head if you are not careful.  They will argue thus: You had a preexisting condition; there are no objective indicators that it worsened during your tenure as a Federal Employee.  Thus, your case is denied.  Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and consider that the acceleration principle is both valid and effective, if delineated in the best and proper manner.

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 Retirement from OPM: Random Occurrences

Kant’s view is that the structures of order are imposed upon the objective world by human thought processes; thus, ultimately, the argument is that there are no such things as random occurrences, for everything is random, and therefore nothing is such.  For, if everything is X, then it is the same as saying that nothing is X, just as, If everything which is X is also Y, how can you distinguish between the two?

It is similar to David Hume’s contention concerning causality.  There is nothing in the world that tells us that the next time you hit a cueball and aim it at the 8-ball in a game of pool, that it won’t hit the target but fail to move it.  The fact that you have seen it done a hundred times before is no guarantee that it will happen the next time; for, what you saw the hundredth time gave you no new information than the first time you saw it.

Volume of incidents in identical form is no basis to argue that causality exists, if only because no “necessary nexus” is discovered whether you have witnessed something once, or a thousand times.  Yet, we crave stability and consistency; it is these random occurrences which trouble us, like a bad hair day which ruins and depletes our sense of confidence in the world we occupy.

Medical conditions have that effect upon people — that they are random occurrences which hit some, but not others.  It is when that happens when we believe the world to be unfair, and that the gods of fate somehow look with disfavor upon us.

For Federal employees and U.S. Postal workers who suffer from a medical condition which prevents you from performing one or more of the essential elements of your Federal or Postal job, the search for greater consistency and stability in your life may be to prepare, formulate and file an effective FERS Disability Retirement claim, through the U.S. Office of Personnel Management.

For, while the objective world around you may appear to be merely a series of random occurrences, it is the affirmative act of a human being which can impost some semblance of Kantian order upon an otherwise chaotic world.  Such an affirmative act begins, for the Federal or Postal employee, but contacting a FERS Disability Attorney who specializes in Federal Medical Retirement Law under FERS, to be filed with the U.S. Office of Personnel Management.

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 Retirement: The Adversarial System

Commentators often note the proportional imbalance reflected by the number of lawyers in this country.  Is it s good thing?

One can argue (yes, the irony cannot be avoided, that we begin with an “argument” when discussing the “adversarial” system), of course, that the number of lawyers merely reflects the origin of Western Society — for, isn’t the foundation of Western Civilization based upon Greek Philosophy?  Specifically, isn’t the foundation of intellectual endeavors founded upon the “Socratic Method”, which is the precursor of legal argumentation?

The Adversarial System, at its core, is a dialectical methodology of attempting to arrive at “Truth” — or so it is supposedly intended.  In a vacuum, that is the context of the system; in truth (yes, that age-old irony, again), because there is involved human emotions, underlying subterfuges of intent, the pure “competitive” desire to sin, and the sheer motivation of simply wanting to defeat the other side — in the end, what the adversarial system lacks, in most instances, is the exact counterpoint and self-contradiction of the necessary context in order to make it work: Civility.

The Adversarial System, without the outer clothing of civility, merely becomes reduced to linguistic battle.  But that is the system which we are left with when — over decades and even centuries — the natural course of every and any legal system becomes barren with the coarseness of its skeletal foundations.

For Federal employees and U.S. Postal Service workers who need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, under FERS, don’t get fooled by the admonition that this is merely an “administrative process”, and that OPM is merely an “umpire” to make sure that you have met the statutory criteria for eligibility for Federal Disability Retirement.

To be sure — even umpires don’t just call “balls and strikes”, but get into heated arguments with the players and, similarly, OPM is just as much a part of the adversarial system as in any other legal process.

Contact a FERS Medical Retirement Lawyer, that is, a legal expert who specializes in Federal Disability Retirement Law, and make sure that you have acquired the necessary arsenal to win the battle in this adversarial system of preparing, formulating and filing an effective application for FERS Disability Retirement benefits through the U.S. Office of Personnel Management.

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 Retirement: Those Dog Days of Summer

Extremes desire the opposite extremes; and so these winter days of short sunlight, cold and unending spells where the chill cannot be gotten rid of no matter how high you turn up the thermostat — they wish for the other extreme, those dog days of summer.

July to August is the traditional period referred to as the Dog Days of Summer, of a starry constellation where hot temperatures force dogs and other animals to simply lay down and remain motionless in order to keep cool.  It forces the other extremes: Motion versus immobility; abundance verses lack; health versus?

Life is too often a contrast in extremes; one day, you are healthy and active; the next, debilitated and unable to move.  Or, is that just the fear?

The reality is more often a slow and progressive deterioration; the extreme is that, despite our failing health, we continue to push on in order to extend our careers.  The “extreme” is often our response to our circumstances, which then further exacerbates the problem.  Yes, we now may wish for the dog days of summer, but what would be best is the interlude of a Spring moderation.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows for continuation in one’s job or career, don’t wait for the next extreme — those Dog Days of Summer — but, rather, contact a FERS lawyer who specializes in Federal Disability Retirement benefits and see whether the Spring of a next phase might not be the better season of action and satisfaction.

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.

 

Federal & Postal Disability Retirement: Failing to Act

Ours is a society of inertia.  We talk a lot; move around much papers and information; sit and post on various social media outlets; watch movies and shows; and within that flurry of seeming activity, we satisfy ourselves that we are doing things which matter.  But when it comes time to act, when action actually actuates — we so often fail miserably.

It is as Heidegger once quipped — that we have our distracting projects in life in order to avoid thinking about substantive issues and the inevitable.  There is a time to act — of initiating a course of action; of taking preparatory steps; of formulating a plan for the future.

For Federal employees and U.S.Postal workers who suffer from a medical condition such that the medical condition no longer allows you to continue in your Federal or Postal career, the time to act is now.

Consult with a FERS Disability Attorney who specializes in Federal Disability Retirement Law and begin the process of reversing the usual inaction of inertia, and refute the customary approach of failing to act.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement for Civilian Federal Employees: The Narrative to Tell

In the expansive version of a narrative, we might include extraneous or even irrelevant information in telling a story.  Until quite recently, most movies and television shows avoided scenes of people brushing their teeth, using a urinal, or otherwise utilizing the bathroom facilities (unless, of course, you include that scene in the Hitchcock movie, Psycho, of the woman in the shower).

Our genteel sensibilities implicated an assumption of deliberation exclusion, that viewers were wise enough to know that the narrative involved such scenes; we just didn’t need to actually be “entertained” by such irrelevancies.  Thus, in every narrative, there is a necessity to edit, exclude, excise and narrow; otherwise, we would be left with a lengthy compendium of infinite facts and factoids.

For Federal employees and U.S. Postal workers who suffer from a medical condition which necessitates a filing of a Federal Disability Retirement application, the narrative to tell is required by SF 3112A, Applicant’s Statement of Disability.  Streamlining; narrowing the scope; focusing upon a specific issue; these and much more are important aspects in preparing, formulating and filing an effective Federal Disability Retirement application.

Consult with a Federal Disability Lawyer who specializes in OPM Disability Retirement Law and begin the process of writing the narrative to tell.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: That Looping Music

It is somewhat bothersome and irritating, especially when you don’t even like the musical slice or would have gotten tired of the repetition of either the rhythmic beat or the chorus of words sung over and over again.  No matter the attempt — of trying to replace it with another tune or song, or simply concentrating upon banishing the repetition by sheer will — somehow, when the mind tires or the focus wavers, it comes back without any conscious attempt, and we find ourselves with the same words looping back into our minds.

No matter our attempts; it is only time which vanquishes and vanishes, until we realize that not only are we no longer looping the musical piece over and over again, but we cannot even remember how it went.  Or, if we do remember, we have done the very opposite of what we set out to do — for, by remembering, we begin again the looping of that tune or poetic ensemble all over again, only this time in a weaker version than the previous time.

Time does, over time, heal; that is a tautology of sorts, of course, but it is a truism that is only half-true.  For, beyond time itself — we also have to give it a chance to heal, and 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 mistake that is often made is to simply think that the medical condition will go away and that time will heal all things. But unlike the looping music that keeps gnawing and nagging but eventually fades from our memories, a medical condition will often possess a persistence that is stubborn beyond time’s ability to heal.

Consult with a FERS Attorney who specializes in Federal Disability Retirement Law and begin to allow for time to heal, and don’t expect the medical condition to go away in the same way that the looping music which hangs around for a time will fade away in its natural course of playing itself out.

Sincerely,

Robert R. McGill, Esquire
Postal & Federal Employee Retirement Attorney

 

OPM Disability Retirement: Horror Tales

Whether of Edgar Allan Poe’s many tales, like The Tell-Tale Heart or The Black Cat, or perhaps a taste that extends to more modern versions, of the Stephen King genre, people like to scare themselves silly, and then to be able to declare, “It was just a story”.  Whether reality reflects fiction, or that fiction can never truly recreate and mirror the sins of our own existence is a debate that will perpetually persist.

The horrors of genocidal mankind — from the Roman era of stadiums filled to capacity to witness cruelty as entertainment, to the Holocaust and Pol Pot’s mass killing fields; to the machete-wielding genocidal killings in Rwanda between the Hutus and the Tutsis; there never seems to be a lack of horror stories, whether by creative imaginations or in the reality of a universe gone berserk.

We read about them; experience nightmares of a reality so steeped in absurdity that they awaken us with a cold sweat; and some few of us have lived them, whether in wars, by being innocent bystanders, or somehow corollary victims otherwise referred to as “collateral” damage.  Each one of us walk about with horror stories; some of insignificant vintage narratives; others, of consequential victimhood to such an extent that we disbelieve our ears or refuse to listen to the whole story.

Then, there are the daily horror stories; maybe they don’t count as such and few would even bother to listen — like Federal and Postal employees who suffer from a medical condition and where the medical condition is about to end the once-promising career that has suddenly hit the “pause” button and ceases its once-ever-trajectory towards an upward trend.  Medical conditions at any age are “horror” stories that are often kept secret, stuffed in envelopes of silent lips unopened, and festering in the suffering inner minds of zombie-like peoples walking amidst the turmoil of a world gone berserk.

For Federal employees and U.S. Postal workers who suffer from a medical condition and need to prepare, formulate and file 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, the horror stories one carries about may not quite meet the plot or characters of an Edgar Allan Poe tale, or a Stephen King twist; but for the individual who must live and suffer through the process of ending one’s career and fight for Federal Disability Retirement benefits, the tale of horror is nevertheless real, and consulting with an attorney who specializes in Federal Disability Retirement Law may well blunt the ending of a tale which is fated to otherwise end in a fit of screams and mayhem.

Sincerely,

Robert R. McGill, Esquire