FERS Medical Retirement: The Protean World of Unreason

It is the unsettling, quickly-changing, fluid world — that of “Unreason”, of when rationality fails us, reasons slips away, a psychosis develops.  It is perhaps a truth which — no matter how many times it is told — can never be understood.

Depression is not just a slight sense of “feeling down”; Panic attacks are not merely moments of passing anxiety; Generalized Anxiety Disorder is not just a fleeting sense of stress; rather, they are debilitating medical conditions with no cure.  Yes, psychotropic medications can prescribe some measure of palliative relief; but in the end, the side effects of such medication regimens can be more harmful than good, systematically dulling the symptoms somewhat, but never more than the time it takes for the effect to wear off.

People who don’t suffer from psychiatric conditions can never fully understand or comprehend the devastating impact of the protean world of unreason — of the cognitive dysfunction, memory problems, inability to focus or concentrate; and if a Federal or Postal employees must function in a job requiring sustained cognitive acuity in order to successfully complete the essential elements of his or her position, but can no longer do so, then it is time for the Federal or Postal employee to contact a FERS Lawyer who specializes in Federal OPM Disability Retirement Law, and to be guided with expert legal advice through the “other” protean world of unreason — the bureaucracy identified as 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.

 

Office of Personnel Management (OPM) Disability Retirement: Village Narrative

When was it lost?  Does it become fractured and irrelevant once a society grows too large, looms too complicated, decides to go off in different directions?

Once upon a time, villages had a specific narrative, identifiable, accepted, the mythology of its unique character.  If you came from Village-X, you knew the narrative — the story of your group, where you came from, what gods controlled the universe, who fought bravely, how you came about.  A stranger from another village had a different narrative; it was called Village-Y-narrative.  They had strange ways.

Perhaps there was trading between the two; sometimes, inter-marriage occurred and the complications of rearranging belief-systems to accommodate any differences had to be allowed for.

In today’s society, the village narrative has all but disappeared.  Not only has it disappeared — but even within the fractionalization, there are further micro-fractures, where no one can agree even upon the most fundamental of core beliefs.  That is when empathy disappears, replaced by laws and statutes to maintain some semblance of order and structure.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows for the Federal or Postal employee to perform all of the essential elements of one’s Federal or Postal job, the village narrative of working as a “team” with the Federal Agency or Postal Unit can no longer remain compatible.

Does the Agency show any empathy?  Or are they simply ignoring the problem?  Will you be placed on a PIP?  Will you be terminated?  Is the “village” out to banish and get rid of you?

Contact a Retirement Lawyer who specializes in OPM Disability Retirement Law.  It may be already time to find another “village”, inasmuch as the current village narrative no longer includes you.

Sincerely,

Robert R. McGill, Lawyer

 

Federal Employees Retirement System (FERS) Disability Retirement: Ostensibly

Apparently; on the face of it; in all appearances.  Isn’t that how OPM views all medical disability retirement cases?

It is as if the “medical specialist” opens each file before reviewing it, with a notation under his or her breath, of: “Ostensibly”.  And so the challenge is on — of persuading from the presumptive world of the “Ostensible” to the world of approval where appearances are turned into reality.

How does one do that?  Why are some Federal Disability Retirement applications more persuasive than others?

Of course, there will always be the “irrefutable” cases; then, some cases which fall in the “probably no chance” category, simply because there is not enough medical evidence to persuade; then, as with most cases, somewhere in the middle kingdom where the coalescence of medical evidence, the law, agency actions or inaction, with a dash of concurrent and parallel legal issues must be all taken into consideration in their aggregate evidentiary presentation.

Ostensibly.  By all appearances.  That is the challenge — to persuade OPM that the ostensible is the real.

Contact an OPM Disability Retirement Attorney who deals only with OPM Disability claims, and begin the process of putting together an ostensibly viable Federal Disability Retirement case and turn it into the reality which brings about an OPM approval.

Sincerely,

Robert R. McGill, Lawyer

 

FERS Disability Retirement from the Office of Personnel Management: How is it?

How is it that the world became the way it is without our knowing it?  How is it that the rules were already in place, the lands already divided, the waters already polluted, the debt already ballooning, the inventions already made — how did that come about, and who told us the history of the “what”, “when” and “where” of the past?  Can a society long endure while ignoring the past of how it developed and came into being?  And who gets to tell the tale of who we are, how we came to be, and why we are the way we are?

Berkeley’s epistemological approach was to confine knowledge to that which we can perceive, thereby attempting to limit the problems inherent in Being, Truth and Reality.  Like so many of the British Empiricists, philosophy was being reduced to mere “language” difficulties and, indeed, history itself may bear out their “rightness” in this question and problematic approach.  There is, of course, a quiet revolution going on about our past, our history, and the telling of who we are.  That is always a good thing, so long as “Truth” is the end-goal of such an endeavor.

But when Truth itself has become relativized as mere language games malleable in the hands for greater artificial intelligence, and where algorithms rule instead of human input which confines it within stated ethical boundaries (and even that is questionable, given the underlying motives and intent of human beings generally), then perhaps Wittgenstein was right after all; it is all a matter of who sees the “truth”, who gets to “tell” it, and who maintains the Tower of Babel in this universe of increasingly unfettered liberty.

In the end, the “how” of the world will forever be revised as perspectives, opinions and viewpoints change; but it is the “who” that controls the lifestream of information and historical data as to what is important; and in this Orwellian world where the glut of information has relativized all truths, we care less about the “how” than the “who”, anymore.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition now impacts the Federal or Postal worker’s ability and capacity to perform one or more of the essential elements of one’s position, the history — or the “how — is important in preparing and formulating one’s Statement of Disability as posited on SF 3112A.  However, remember that all historical contexts must be provided in streamlined form; for, causality is not an issue in a Federal Disability Retirement application (whereas, in OWCP cases, it almost always is), and thus undue focus upon the “how” can detract from an effective Statement of Disability as reflected on SF 3112A.

The world around us may be concerned with the “How” of a question; for an OPM Disability Retirement case, it is the more current “what” that is the necessary focus of articulation.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The performance fallacy

The disproportionality that occurs between reality and make-believe is nowhere more apparent than in the Federal sector involving performance reviews prepared for Federal employees across all agencies and departments: of being “fully successful” and having those “outstanding” appraisals year after year, and yet….  You don’t feel that such appraisals, despite the blush that it may evoke, reflects the reality of what you have been doing.

The body that warms a position, despite its declining productivity, is the one the Supervisor or Manager does not want to lose; for, to retain a known quantity is better than to lose one and gain an unknown one.

Then, of course, there is the reality of the Federal employee who experiences a deteriorating medical condition, and has come to a critical juncture and decision-making point of what is often referred to as a “Gestalt” moment, or that “Aha!” experience, where one comes upon the realization that one is not immortal; and despite being brought up on Star Wars, the “Force” and other fantasies that human frailty can be overcome by sheer will of the mind — that, disregarding all of that childhood nonsense, we are growing old and beset with medical conditions that remind us that we are no longer the spry chickens just hatched from the warmth of a hayloft beyond the red barn’s rooster call.

Then, there is the “performance fallacy” — somehow, no matter how terribly we feel; no matter the amount of recent sick leave taken, or LWOP requested, the appraisals continue to exceed our level of productivity.

Considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management under FERS?  You have the medical condition and, more importantly, the medical support to move forward.

Then, you pause because of the “performance fallacy” — the question being:  How can OPM approve a Federal Disability Retirement application if the performance appraisals continue to reflect the “outstanding” columns of productivity?  The short answer:  That is why the foundation of a case must be built upon a strongly-worded medical narrative, which implicitly rebuts and preemptively answers all such concerns, and that is where consulting with an attorney who specializes in Federal Disability Retirement Law can be crucial to the successful outcome of a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: The chaos of life

Of masochism, there are indeed some who purport to invite the chaos of life, and actually enjoy it, relish in it and thrive in it.  Its opposite is considered monotonous, lacking of artistic content and without the excitement of unpredictability.  Yet, even those who thrive within the chaos of life will often need that period of respite, whether with a quiet moment of reflection, a night of reading beside a crackling fire, or just dozing in front of the drone of a television.

EMT personnel often require such a personality trait; firemen, law enforcement officers, and nowadays, teachers, professors and other educators, if only because the chaos that unruly and undisciplined children, teenagers and young adults bring into the classroom.

Perhaps it was a childhood upbringing; it is often said by learned psychologists that battered people tend to themselves batter upon reaching maturity, because they find solace in the comfort of that which they are familiar, and so the behaviors they learned and were imprinted upon as a child are the very patterns that are comforting; and thus does the vicious cycle of life – such as the chaos of life – recur and regenerate, only to imprint the same cycle upon the next generation.

Those who sincerely crave the very opposite – of a regularity in monotony of patterns predictable in their characteristic of non-change – are often criticized for failing to be able to “deal” with the chaos of life, and so the argument goes that those who thrive upon the chaos of life are better prepared for the vicissitudes of life’s misgivings.

Medical conditions comprise a sort of chaos of life, but whether one is “well-prepared” for it or not, it is something that must be “dealt” with.  It is, in the end, doubtful whether a person’s life prior to the entrance and introduction of a medical condition can adequately prepare one to “deal with it”.

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 the Federal or Postal job, part of the process in dealing with such a chaos of life is to prepare 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.

In such a case, instead of dealing with the chaos of preparing, formulating and filing an effective Federal Disability Retirement application yourself, you may want to consider hiring an attorney who specializes in such legal matters.

In this vast universe that includes the encumbrances deemed the chaos of life, we must all make choices as to which portion of the chaos we want to personally handle; for, in the end, the chaos of life, how we handle it and what benefit accrues from it will all be determined by the outcome of the event – and for Federal and Postal employees, that outcome-based perspective is the resulting approval by the U.S. Office of Personnel Management on a Federal Disability Retirement claim, where once the approval is obtained, the chaos of life may be turned into a respite of relief.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The furrowed face

Does the palm reader tell from lines deepened and extended by time, or in the creases of birth and predetermined fate?  Do the ruts and chasms criss-crossing like doodling designs created by a madman mixing a cauldron of witch’s brew depend upon fate already set, or can the future be altered by choices one foresees?  And what of the face — the creases around one’s mouth, the ruts above the furrowed brow, or the fine filaments of timeless cuts around the eyes; do they tell a story of joy and promise, or of sadness and sorrow?

The furrowed face is but a moment’s expression; it is rather the corrugated painting, forever captured in the stitch of life’s experiences, which lasts in timeless bottles of floating memories, like butterflies caught in a web of deception where promises of boundless expectations and revelations of hope as sung from the loving tongues of mothers dreaming of tomorrow’s future for children yet unborn.

Time, experience, and confrontations of life tend to deepen the furrowed face of age.  As do medical conditions.  It is when the tripartite combination coalesces, that decisions need to be made, lest extinguishment of life become the goal of sorrow.  For, when a medical condition comes to the fore, it impacts one’s capacity and ability; when capacity and ability become impacted, then one’s work suffers; and when one’s work begins to suffer, the notice of employers, coworkers, and the Federal agency or the U.S. Postal Service begins to turn on its engine of harassment and adversarial modalities of meddlesome trickery.

Federal agencies and the U.S. Postal Service care not whether the ruts and grooves of the furrowed face deepen by the actions of an uncaring bureaucracy.

As Americans spend billions each year on health care and cosmetic products to enhance beauty and delay the inevitable lines of age, so it is often the best medicine to alter the predetermined fate of time by considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, when the furrowed face of life requires such a step.  Adulthood rarely spares any of us from the deep ruts of facial scars; and when there is a “baby face” in middle age, it often reflects deeper chasms and valleys within the psyche, where hidden traumas are screaming to be let out.

Federal and Postal employees who face the problems of work because of a medical condition have the option of filing for Federal Disability Retirement benefits through OPM, and begin planning for another stage of one’s life in the private sector.  Not everyone has such an option or an opportunity in the face of a medical condition which robs the Federal or Postal worker from continuing in one’s chosen career, but OPM Disability Retirement is that rare benefit which allows for further employment while receiving an annuity.

In that sense, the furrowed face need not be the last and frozen picture of a person’s future, and the palm reader may yet be tentative in predicting the final chapter of one’s life.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Those Nagging Questions

“What if” questions constantly haunt, and persistently undermine.  They are the questions which people repetitively ask of themselves; and yet, like questions in Philosophy spanning multiple millenniums, they defy answers, and merely trouble the mind.  Or, as Bertrand Russell once quipped, If such questions continue to bother, it is probably a problem of indigestion.

“What if I had done X?”  “What if I go in today and tell the Supervisor Y?”  “What if I ask for an accommodations by doing Z?”  “What if…”  The game of “what if” serves to delay and obfuscate; it kicks the proverbial can down the dusty road of oblivion, and rarely solves the concrete problem facing the individual engaged in the meaningless query.  Almost always, the solution is instead to take affirmative steps towards reaching a goal.

Experience serves to defy repetition of questions left unanswered, and the best way to satisfy the linguistic hypothetical is to act in accordance with one’s need.  For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition is impacting one’s ability and capacity to perform the essential elements of one’s job, the questions of “What if” may abound:  “What if I am able to recover in 6 months?”  “What if my agency fires me?”  “What if the doctor will not support me?”

Some such questions are valid; others, emanating from fear and lack of knowledge.  As gathering information is the key to satisfying questions unanswered, it is well to make inquiries and obtain facts as opposed to opinions and conjectures.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is a major step in the Federal or Postal employee’s life; but the alternatives are often untenable and leaves one with an empty hand to continue asking those unanswerable questions which leave the stomach churning with fears, doubts and unresolved issues.

Preparing, formulating and filing for Federal Disability Retirement benefits through OPM as a concrete step in taking an affirmative hold of one’s life, future and undiminished aspirations.  And like grabbing a handful of sand in the dry desert of questions, to ask and query without a rudder to direct one’s efforts, is to meander through life with a blindfold.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: Precedents and Contingencies

The former constitutes a prior event already established, which may influence and impact current courses and future decisions; while the latter reflects an unforeseen circumstance as yet uncertain, but one which must occur prior to triggering the subsequent act.  Both constitute events which, in their logical sequence, should be prior in time, and satisfied before going on to the next.

In law, without the precedent, there is no argument to be made, except to blaze new trails and create orientations for fresh ones, which can be a dangerous and uncertain line of argumentation.  In Hume’s laws of causal contingencies, the billiard ball which precedes the impact upon the subsequent one matters little, except for the non-existence of the “necessary connection” which is replaced by mere repetition of events.

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, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset, what matters is the sequential utilization of the duality of concepts.

Precedents of law are there to be argued as strengthening one’s own disability claim, by citing prior issues already decided upon primarily by the U.S.Merit Systems Protection Board and the Court of Appeals for the Federal Circuit.  Contingencies are the pragmatic decisions made by the Federal or Postal applicant, determining the sequence of preparing, formulating and filing for Federal Disability Retirement benefits through OPM, in order to present a cogent, coherent and persuasive Federal Disability Retirement case.

Federal Disability Retirement applications prepared and presented lacking the coherency of sequential establishment of contingencies unsatisfied, are tantamount to cases which have no precedents; and the duality of combined mishaps represent a meandering of a rudderless ship.  It is both together which make for an effective OPM Disability Retirement case:  the logical sequence of presentation, and the citing of relevant legal precedents in presenting an effective, coherent and persuasive Federal Disability Retirement application.  And, in the end, isn’t that what we are shooting for?

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Those Fall Leaves

The time of change and spectrums of colors beyond mere rainbows of solitude; it is often poetically described as the season of deterioration, of old age before the winter of mortality.  Fall brings about a freshness of cooler winds, a precursor of foretelling that those dog days of summer have come to an end.  Ever look at the fallen leaves and mistake them for something else — an animal, perhaps, or a figure of caustic imagination?

Such projections erupting from our own fears and hesitancy reveal the true state of our being.  The leaves bring color to an otherwise dreary existence; once fallen, they can take on whatever hopes, dreams and fears we wish to accentuate.  Looked upon from a distance, shapes of crinkling leaves can take on forms enhanced through our imaginations.  It is only when we deliberate, walk up closer, and verify, that we can ascertain with a semblance of certitude that it was not what we thought, or that it constituted nothing more than our fears gone awry.

Fear and imagination tends to do that; until we take affirmative steps to ascertain, verify and concretize, what is left in a muddle remains so.  For Federal employees and U.S. Postal workers who sit and fret over one’s future because of a medical condition which has begun to prevent the Federal or Postal worker from performing all of the essential elements of one’s positional duties, the fear of future forebodings becomes an exponentially-enhanced subject of terror and trembling, so long as pragmatic steps of self-affirmation are avoided and neglected.

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, may seem like a small step, or perhaps a too-large one in supposing an end to an otherwise successful career.  But sitting in fear and loathing is never a solution; one must, by affirmative steps and bounds, break the isolation of fear and move forward with life.

As the fallen leaves of Fall are merely a season of change, and the colors which surround the spectrum of life’s spector, to remain as a spectator to the vastness of change is to allow for the vicissitudes of misgivings to shake the essence of purpose.

Like the crinkled leaf which sits afar and takes on a gargoyle-like appearance, it is only when those first steps are embraced towards ascertaining, verifying and establishing that the very fears we once took comfort in, are but mere wisps of whispers dissipating into oblivion, once we take those initial steps in preparing, formulating and filing for Federal Disability Retirement benefits through OPM, in order to defy the foreboding of the winter season yet to come, but where our future lies not in fear but in securing a semblance of stability through a benefit available but for want of hesitation.

Sincerely,

Robert R. McGill, Esquire