Tag Archives: disabilities bop retirement benefits

OPM Disability Retirement: The Chasm Between Word & Thought

There is a pause; a parenthetical hesitation; and then — the link concretizes and imperceptibly metamorphoses into the living imagination.  Reading is one thing; thought, another.  Reading is the work of disciplined learning; thought is the imagination, whether disciplined or not; of the human will imposing; of analysis and evaluation; of linking logical connections, shadows of linguistic delight, concepts formed from the words read.

The depth of the chasm between word and thought depends upon the puzzle of human uniqueness; but when the linkage occurs between reading the word and thinking, it is an explosion beyond the mere synapses which colorfully betrays the MRI images of exposed scientific determinism.

Materialism misses the point; for, the whole is always more than the aggregate of its parts, and while Ryle may argue persuasively the mirage of the ghost within the machine, the reality is that words compel thought, and thought is beyond the realm of mere materialism.

For Federal employees and U.S. Postal workers who are intending upon preparing, formulating and filing an effective Federal Disability Retirement application under the current Federal Employees Retirement System (FERS) through the U.S. Office of Personnel Management, the chasm between word and thought must be narrowed in order to persuade the U.S. Office of Personnel Management to approve your disability application.

The well-written word is the link to a successful evaluation and determination by the U.S. Office of Personnel Management, which is the Federal Agency that makes the determination on all Federal Employee or Postal Service Disability Retirement applications under FERS.

Don’t let the poorly written word widen the gap between word and thought; for, after all, it was the Word itself which brought form from chaos, and it will be the well-written words which bring about an approval from the U.S. Office of Personnel Management for your effective FERS Medical Retirement application.

The chasm between word and thought can be great; it is the job of a FERS Disability Retirement Attorney to narrow that gap, and to bring the chaos of words into a systematic consolidation of comprehensible and persuasive thoughts by applying the power of the law and logic.

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 Disability Retirement: The Mechanical Wind-Up Toy

Do they even make them, anymore?  Or, are all such toys and gadgets made with computer chips and batteries?

They were fascinating creations — from monkeys playing the drums to cars whizzing under the furniture; the only thing which stopped them was the end of the spring-action coils or whatever other means of internal arrangements were engaged.  As with all such gadgets, the cessation of activity came when the mechanical coil reached its end, the spring action came to a full release, or somehow the device reached its intended endpoint.

In the end, is it really any different from today’s gadgets — as when the battery loses its “juices” or the computer chip has burned itself out?

Human beings, as well, possess an endpoint to the internal mechanism of the body — of repetitive actions which break down the endurance of a joint; of injuries or diseases that attach organs and specific areas; of stresses which damage the mind.

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 or her position with the Federal Agency or the Postal Unit, Federal Disability Retirement may be the answer to the unanswered question: Is there any recourse to my medical inability to perform all of the essential elements of my job?  Or, am I merely to be treated as a mechanical wind-up toy who has reached the end of my usefulness because of the unraveling of the internal coils that once allowed me to operate?

Contact a disability lawyer who specializes in Federal Disability Retirement Law, and see whether or not you can get beyond the limited warranty of a mechanical wind-up toy, and instead obtain a Federal Disability Retirement annuity and live beyond the life of the mechanism of springs and coils.

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 Disability Retirement: The Ledger of Life

The Ledger was once that oversized binder which recorded the economic transactions for various purposes — of maintaining income and outlays; of keeping an accounting of various details in one’s life, whether of activities in business or even of one’s habits and patterns of existence.  Somehow, it doesn’t seem the same as typing such information into a computer, or of buying a software that categorizes and makes everything neat and simple.

That old Ledger that had to be lugged from one place to another reflected the weight of seriousness just in the act of lifting it; and when you opened the front cover and turned the pages where the latest entry still emitted the scent of ink still drying, one sensed the permanency of recordation as a trait of relevance that could never be erased.

And what of the metaphor — of one’s “Ledger of Life” — a recordation of the transactions that one has engaged; of the weightiness of that placed on one side of the ledger as compared to the negative notations appearing on the opposite side; of the image of St. Peter as the gatekeeper reviewing the annotated columns to determine if you “made it” — all because “The Ledger” reflects the value of your actions during the course of a lifetime?

Do we even think in those terms, anymore?  Or, while the dusty old books that used to be kept beneath the wooden grains of counters in dark and dank workshops were left behind when first the technology of modernity made for obsolescence of such anachronistic record keeping, did we then just revert to making mental notes for the things we did or did not do?

Most of us, if asked if we are “eligible” to pass through St. Peter’s exclusive club, would respond thus: “Oh, all in all, I have been a pretty good person and so, Yes, I believe I would qualify.”  And so we approach most things in a similar vein: We give ourselves a “pass” and believe that the Ledger of Life would favor our eligibility status.

And so it is with Federal employees and U.S. Postal workers who suffer form a medical condition and need to file for FERS Disability Retirement benefits through the U.S. Office of Personnel Management: Because you suffer from the medical condition and believe that the medical condition cannot but be proof of eligibility, so you believe OPM cannot but see what you see.  But filing for Federal Disability Retirement benefits is a paper-presentation to the U.S. Office of Personnel Management, and must be proven by a preponderance of the evidence.

It is very rare that any Federal Disability Retirement application is a “slam-dunk” case, or even an “easy” one; and like the Ledger of Life that we have left behind in the dusty heaps of bookshelves long forgotten, preparing an effective FERS Disability Retirement application is not just a simple transaction to be annotated into columns of neat book keeping, but a bureaucratic process that must be proven and argued for — somewhat like the Ledger of Life that must be submitted to St. Peter at the Pearly Gates of Heaven.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Workers: The image we hold

It often takes years, and sometimes never; the child that has grown up, lived independently for some time, and has asserted his or her separation and personality still remains a child in the mind of the parent.  The image we hold often far extends beyond the reality that has changed and circumstances have dictated; it is that which remains as the final vestige of what we yearn for, steadfastly refuse to surrender, and allow in our imagination to fester with the desires of fantasies left unrealized.

That is why loss of a parent from the perspective of the child is just as difficult as the loss of a child from the vantage point of a parent; each holds on to the image remaining, like Platonic Forms that transcend the ugly reality of the starkness in broad daylight.  From the child’s perspective, the image we hold is of the omnipotent parent — vibrant, bringing joy and security, always there to reassure.  From the parent’s viewpoint: of the innocence never tarnished, the first gurgle and smile, and that word that bonds the relationship forever and a day.  Yet, each grows; the parent, frail and into senility; the child, into adulthood and loss of innocence.

It is, however, the image we hold that remains, and is the last to exit despite the coffins of despair and the alterations of nature’s cruelty upon the wrinkles of time.

For the Federal employee and U.S. Postal worker who suffers from a medical condition such that the medical condition no longer allows the Federal or Postal worker to remain in the same job, career and agency of one’s chosen career, there comes a time when Federal Disability Retirement should be a consideration, and the image we hold of a long-lasting tenure as a Federal employee in a particular line of work must, by medical necessity, change.

The image we hold is a figment of one’s stubbornness to remain steadfastly upon a course of immortality; we all have to submit to the winds of change, and preparing, formulating and filing 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, is that very change that must go beyond the image we hold — of one’s self.

Sincerely,

Robert R. McGill, Esquire

 

Legal Representation on Federal Disability Retirement Claims: “But…”

What is it about a certain voice inflection that forewarns us of that conjunction?  A long explanation is given; a reason for “why” a person is about to do something is adroitly conveyed; a detailed and rational discourse is provided; and yet something tells us that the inevitable “but” is about to be inserted, making of the independent clause just spoken merely a precursor for the real reason that the lengthy discourse was given in the first place.

It is also a metaphor for life itself, isn’t it? “Things were just great, and it was the happiest of times, but then…”.  It is like the metaphorical dark cloud that dampens the spirit, or the sudden gust of wind that topples the tower when one was just about to reach the apex; the “but” in our lives comes at the most inopportune of times.

Then, there is the causal intervention “but” in law, as in, “But for X, Y would have not been liable because X becomes the primary intervening cause that subverted Y and all other causal determinants.” But for this job, my life would be perfect; but for this minor incident in my otherwise stellar career, I would have been unstoppable; but for X, Y and Z, I would have reached olympian heights; and on and on.  Isn’t that what Bing Crosby said of Frank Sinatra (for those who are young enough to even remember such icons of yesteryears, that “But for Sinatra, I would have been the most popular singer of my time”)?

Medical conditions tend to insert that conjunctive into a life, don’t they?  For Federal and Postal employees who consider the “but” of a life to be that medical condition that has come to a critical juncture — not merely of a grammatical appendage, but of a true intervening cause that disrupts — because it prevents the Federal or Postal employee from performing one or more of the essential elements of his or her Federal or Postal career, it may be time to begin 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 “buts” of life are merely conjunctives that forecast the darker clouds that rain upon an otherwise stellar experience; to alter the “but” and instead turn it into a mere “and” is what preparing, formulating and filing an effective Federal Disability Retirement application can do, and thereby avert the “but” word that makes the remainder of the paragraph simply an extension of an otherwise joyful phenomena called “life”.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: Keeping

Keeps; keeping; kept; the endurance of retention reflects the vitality of human obstinacy.  To retain, to own, to possess; in the present tense, present simple passive, present perfect passive, past perfect passive, present modal, past modal, and a dozen other forms of grammatical conundrums.  It is the action of owning, maintaining or  possessing; often, with implications of forceful protectiveness despite demands of rightful ownership by third parties.  “He kept it!”  “He keeps coming back!”  It is the persistence, the refusal to abandon and the resistance against another’s claim, whether rightful, justified or otherwise questionable.

Then, there are forms which imply honor and integrity:  “Keeping the trust”; “Keeping the flame aglow”; “She kept her word”.  The boys “kept their promise”; He kept up appearances.  In all grammatical forms, whether of a passive nature or active tense, there is always throughout a sense of an activity of the will.  “Keeping up with the Joneses” is not merely a passive inactivity, but an affirmative movement and stratagem focused upon advancing beyond a social inertia that encompasses tentacles of thought, consideration, judgment and planning.

It is a simple word, used without much thought, never pausing in a conversation to see whether others gathered will be impressed by the perfection of such a choice – that unique word which describes an image so poignant that to have inserted it nonchalantly in a sentence without the help of a Smartphone in Googling it before uttering the inserted grandness connoting linguistic excellence is next to leaving one breathless and in disbelief.

For Federal employees and U.S. Postal workers who understand the simple concept of “to keep”, whether in the present tense, present simple passive, past perfect passive or the multitudinous other grammatical forms, there are caveats to maintain when preparing, formulating and filing for Federal Disability Retirement benefits, not the least of which are:  Keep your cool; have your files kept and maintained; keep persisting; recognize the importance of keeping a balanced and coherent narrative; keep the faith; insist upon keeping informed; and never keep allowing for injustice to prevail.

In keeping with tradition, always remember that preparing an effective OPM Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is a complex administrative process which must be kept in mind, and that the formulation and filing with the U.S. Office of Personnel Management requires keeping a patient, sane and insistent attitude, much like keeping a promise made despite those who have not kept their word.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement from Federal Employment: The cadence of coherence

There is truth, then the ring of truth.  The former may extract a pound of flesh or a quart of blood from the reader, yet allow the subtle entrapment quietly releasing the cornered soul merely by being unpersuasive.  The latter, despite often lacking in some essential details, will nevertheless engulf the audience, whether intended or indirect and unaware, into a comatose purring of half-conscious slumber, where acceptance of an argument because of a danger of violating the pleasantry of the moment is more important than embracing the facts themselves.

That is, of course, what is ultimately “wrong” with the writing style of a diatribe; it is the seething, subterranean anger in the undercurrent of a volatile eruption like the bursting lava from an unconstrained volcano where civilizations perish and survivors flee with but the clothes on their backside, which fails the purposive teleology of a barrage of words.

The persuasive outlier must possess the heart of a musician, the humor of an invited conversationalist, and the soul of a philosopher; otherwise, the dinner audience may begin to yawn and request to excuse themselves for various reasons, including an early exit for want of company.

The truth is, truth itself is boring.  It needs sugar, spice and all that is nice; wrapped in paper which stands out, but refuses the ostentatious condiments of vulgarity in a universe surrounded by stellar vacuity.  Convincing truth, on the other hand, possesses a disposition of a rhythmic melody, orchestrated with precision by a master with a conductor’s baton not made of any particular wood, but where the waving and weaving flows in consonance with the confluency of nature, artifice and linguistic pablum.

In any effective narrative, there must always retain the cadence of coherence.  That is often the “trouble” with Federal Disability Retirement applicants who formulate his or her own narrative of persuasive concoctions; will the U.S. Office of Personnel Management drink of the vitriol seething beneath the surface of turmoil?  Will the obvious diatribe translate into a persuasive cadence of coherent ideations?

Federal employees and U.S. Postal workers who must file for Federal Disability Retirement benefits through OPM, whether under FERS, CSRS or CSRS Offset, have a dual whammy of obstacles to face:  They themselves must be the focus of the narrative; and, moreover, they themselves must present a voice of objectivity.  Both are immediately undermined when the medical condition itself is the very reason, rationale and underlying foundation for which the entire Federal Disability Retirement application must be prepared, formulated and forwarded to one’s Agency (if not yet separated, or separated from the Federal sector but not for more than 31 days) or directly to the U.S. Office of Personnel Management.

Preparing the answers required on SF 3112A (Applicant’s Statement of Disability) requires a quiet, rhythmic cadence of coherence; to do so, the origin, source and inception of the narrative must emanate from a composite core made of materials tougher than metal, yet sensitive enough to touch upon that human yearning which defines the empathy of timeless angels.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Coherent Life

Coherence fails to take into the account the unexpected; moreover, a linear, systematic unfolding of events is rarely the rule, but rather the exception.  Look at nature and the traumatic tumult which follows daily — of predators and pendulums swinging between life and death, and the instability of future courses yet to be determined.

What do we make of it all?  Kant would posit that we bring to the objective world structural viewpoints in order to bring order into a chaotic world; but is rationality seen from within of any greater coherence than a world unfettered by human perspective?  Life, and more importantly 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, medical conditions and the unfolding of how a medical condition is approached, treated, proven and described, often betrays a lack of coherence in the very attempt of proving its impact upon one’s life.

Lack of linear unfolding does not necessarily defeat a Federal Disability Retirement application.  Sometimes, we have to provide an exposition and explain the circumstances which resulted in the mayhem of confusion and the scattering of rationality.  And if you think that doctors and treatment modalities follow a systematic approach to cure and rehabilitate, you might want to rethink that view that precision of medicine as a science, as opposed to being an admixture of art and wisdom gained from experience.

For Federal employees and U.S. Postal workers who need to prepare, formulate and file an effective Federal Disability Retirement application with OPM, it would be nice to have the sequential ordering of coherence, in a fashion of:  A medical condition; exhaustive treatment; a clean end-point where no further medical improvement can be attained; a doctor who will be supportive in the process; a “wowing” medical narrative written with little or no solicitation; finalizing, submission and approval by OPM.

Somehow, however, the sequencing of life never quite matches to such a paradigm, and we are left with coordinating that Kantian approach of imposing what we can, where we are able to, and when we have the capacity and ability.  The coherence of life reflects a parallel universe of the circumstances which we must embrace; and, in the end, we must just deal with that which we are given, and do the best in making coherent an incoherent universe of facts.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Fear and Trembling

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

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

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

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

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

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

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Lawyer: The Complexity of Unpredictability

Some view human behavioral unpredictability as a declaration of the underlying complexity; others would have it that, far from any such convoluted aspiration towards mystery and intricacy, a yawn and ensuing boredom more likely represents the determinism and simplicity of humans.

Which represents the true picture?  Perhaps youth and a naive lack of experience in encountering the universe of everyday conflict is what we discover in the spectrum of opinions; and cynicism abounds upon greater enmeshment and entanglement with the human condition.

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, the question often arises as to whom, when and the timing of divulging the intent to file.  As the saying goes, discretion is the greater part of valor; unless there is a compelling reason to do so, limiting the information where relevant; restricting the venue of information to the extent possible; and keeping mum until and unless necessary, should be the guiding principle.

Why?  Because, first and foremost, medical information (which is obviously the primary foundational basis of a Federal disability retirement application) is sensitive in nature, confidential in scope, and entails vast privacy concerns for all.  Further, one never knows how an agency and its representatives may react (thus the charge that human beings are complex in nature), but the predictability of big-mouths and lack of discretion (alas, the corollary charge of simplicity of humans) should restrain and constrain any urge to divulge earlier than necessary.

“Necessary” is the key word, and that applies to people, timing and context of dissemination of such confidential information.

For the Federal and Postal employee contemplating preparing, formulating and filing for OPM Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the general rule, always, should be to believe in both contradictory assertions:  Because human behavior is complex and unpredictable, be discreet in revealing information; and because human behavior is simplistic and unimaginative, similarly be discreet and restrained in providing sensitive information.

As one side of a coin is worth just as much as the other, it is best to feel the nature of two faces in a world replete with two-faces.

Sincerely,

Robert R. McGill, Esquire