Federal Disability Retirement: Promises and Pointing Fingers

We make them all of the time; many, merely implied ones; others, of more explicit origins; and of the “blame game” which we all engage in, the ease of pointing fingers when promises are made and broken — well, even our cousins the chimpanzees can do that with aplomb.  Promises are easily made; and, these days, just as easily broken.  Pointing fingers is a way of deflecting one’s own shortcomings and responsibility in the matter; and whether by the index finger or the middle one, the act itself is what matters.

Do some cultures, foreign or less “civilized”, use the thumb, the forefinger (otherwise known as the “index” finger), the middle one, the ring or the pinky in assigning and ascribing blame?

The middle one, of course, is a dangerous entity, for it can play a significance far beyond merely “pointing” to something.  And of the former — of a “promise” — can one be committed to it “forever”, or does a promise lose its efficacy and vitality over time?  When two people commit to each other and begin to build a life together, is there an implied “promise” of working for the rest of one’s life, but with conditions?

What if a medical condition begins to impede one’s career?

Often, the stress of loss — any loss — results in the pointing of fingers, whether justified or not.  Needing to file for Federal Disability Retirement benefits under FERS, through the U.S. Office of Personnel Management, often brings up accusations of broken promises and pointing of fingers — that you’re just not trying hard enough; that you can’t just go out on disability retirement at such an early age, etc.

People don’t understand that chronic medical conditions creep into a person’s life through no fault of their own; and when it becomes necessary to prepare, formulate and file an effective Federal Disability Retirement application under FERS, there will be many other stresses which come into play, such as accusations of promises left unkept and pointing of fingers; but, in the end, none of that matters, for, when a condition becomes so debilitating as to prevent the Federal employee from performing one’s Federal job, the best option to take is the one promising to point a finger to one’s self — of prioritizing one’s own health.

And whether that is done with the index, the middle, the ring or the pinky finger, matters not.  Or even the thumb.

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.

 

OPM Disability Retirement Benefits: Holding on Too Long

We all have that tendency; we live with the old rule & adage: “throwing good money after bad”; “to abandon is to admit failure”; “maybe tomorrow will be different than today”, etc.

Few of us are able to cut the string or the proverbial umbilical cord when time, circumstances and all indicators reveal to us the wisdom of doing so.  We hold on for too long; we don’t want to admit and face “the facts”; we want to believe that tomorrow is that ray of hope where yesterday was the shadow of darkness, but where darkness was a thing of the past.

Yes, there are rare instances in which stories of hope and rejuvenation profited the stubborn exception; but that is why there are such stories in the first place — they are the exceptions which defied the normal course of most circumstances.

For the Federal employee or U.S. Postal Service worker who suffers 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, holding on too long has more than a price to pay in terms of time wasted; it has to do with your health.

Holding on too long can continue to help deteriorate the health which you are attempting to preserve.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law and begin the process of “letting go” — an act of the will, and not merely the words of a Shakespearean fool who brings down the King and his kingdom with a crash of tragedy echoing beyond Lear’s empty ravings.

Sincerely,

Robert R. McGill, Lawyer

 

Federal & Postal Disability Retirement: Chaotic Regularity

We have a need to order the world.  Some, but only a few, live by chaotic regularity, but when chaos gets to a point of regularity, there is also some semblance of order to such a world — one which can be predictably chaotic.  Chaos is a part of everyday life; of a sick child; a troubled relative; financial difficulties; a crippled pet; a spouse’s mood; a career’s ceiling; problems define the ability and capacity of an individual’s inner reserve.

Medical problems are often at the forefront of a chaotic regularity.  Yes, there are some who actually thrive in living a life of chaotic regularity, but most of us crave for the quietude of boredom.  For the rare few, perhaps the life of chaotic regularity finds comfort in daily disruptions; but for the rest of us, it is only the routine of monotony that allows for an exception of chaos to be acceptable.

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, the idea of chaotic regularity is perhaps too comfortable and intimate.  The medical condition itself; the inability to do what once was so easily accomplished; and fear for the future — these must all enter into factoring the need to file for Federal Disability Retirement benefits under FERS.

Consult with an OPM Disability Attorney who specializes in Federal Disability Retirement and seek to get out from the chaotic regularity that a medical condition imposes.  For, it was on the Seventh Day that quietude finally came…

Sincerely,

Robert R. McGill
Federal Disability Attorney

 

Federal Disability Retirement: The “uh-oh” moment

They come in various shapes and sizes; sometimes, the “moment” is just after something is said and regret begins to insidiously creep into one’s conscience, knowing that the statement made will come back to haunt.  At other times, it is an event, perhaps beyond one’s control, and the seismic shift of tectonic undercurrents cannot be avoided or ignored.

The calamity comes in sizes and shapes — not necessarily of geometric proportions or dimensions — but of the “shape” of the mistake and the “size” of the mishap, and in comparison to whether or not damage-control can actually be effectuated.

Perhaps it is a simple walk in the forest and you become lost in thought; you look up and realize that you have wandered off from the rest of the group and you have no idea where you are.  You look up at the sun and try to remember whether, as a Tenderfoot or some level of a past Boy Scout, you can recall the position of the sun —or was it the stars?  With no compass and no inkling of what to do, with the grumbling groans of a stomach beginning to fester with hunger, you say to yourself under your breath,”uh-oh.”

Or, you are at some gathering and your boss is standing within earshot and a woman is speaking rudely and obnoxiously at some servers and you say, without thinking, “Who is that obnoxious person speaking so rudely?”  There is silence.  It turns out to be the boss’s wife.  The boss looks at you, and you know that any future promotions, any chance of any advancement of any sort with this company will be obstructed by this person who has sworn to be your enemy forever — even though, in the silence bespoken of everyone standing around, what you said was true and irrefutable.  You mutter to yourself, “uh-oh” — for, even though truth may be a shield against most ills in life, the one time it will not protect you is against a boss who must defend his maiden’s honor.

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 job or position, it may be time to prepare, formulate and file an effective Federal Disability Retirement application, to be submitted ultimately to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

It is a complex process and one where — if attempted without the guidance of an attorney who specializes in Federal Disability Retirement Law — may be replete with multiple “uh-oh” moments of various shapes and sizes.  Perhaps such “uh-oh” moments will not be like the seismic calamities of being lost in the forest, or even of offending the boss into becoming an enemy-for-life; but as OPM is known to nit-pick and try everything to deny one’s Federal Disability Retirement application, it is best to try and minimize every “uh-oh” moment so that the “uh-oh” is instead replaced with its corollary: “uh-huh”.

Sincerely,

Robert R. McGill, Esquire

 

Filing for OPM Disability Retirement: Keys to the universe

When a metaphor turns into a reality that we all begin to believe in, the fantasies of our own making have become distorted and we need to begin the process of regaining the sanity once embraced but which is now lost in the surrealism of time’s warped viewpoint.  It is by simile, analogy and metaphor that one gains a greater understanding of circumstances, fields and subjects, but it is also by such vehicles that we can misplace reality with a virtualized representation of a universe nonexistent.

Sermons abound with metaphors involving a “key” to this or that; or even of those positive thinkers and corporate motivational speakers who talk about the 10-steps to this or that, the “ultimate key to success”, and similar such drivel that makes one think and believe in the existence of a singular implement that needs to find that lost sliver of hope, insert it into the corrugated slit cut into the brass knob that stands between success or failure — and suddenly, the doors unlock, the entranceway is cleared and one can step into the future yet unanticipated by the fullness of contentment.

Do we really believe that there is such a key?  How often do we speak in terms of a metaphor, a simile and an analogy, but over time our spoken words lose the clear distinction that the simile was meant to ascertain?

We begin with: “It is as if there is a key to the universe,” or, “It’s like having the keys to the universe.” Then, gradually, the “as if” and the “like” are dropped, quietly, unnoticed, like the short-cut that assured one of arriving earlier if only the right turn into the thick fields of the wild forest is taken with confidence: “I need the keys to the universe.”

No longer the metaphor, and certainly without the distinctiveness of the simile; the keys become the reality without the padded divide of recognizing that existence cannot be forced to appear in reality; our minds have tricked ourselves into believing.  Then, we often come to realize that the metaphor which purported to “unlock” (a metaphor itself following upon another) whatever it is that we believed was previously inaccessible was nothing more than a mundane process or methodology that we could have figured out ourselves — sort of like (there we go again with a simile) the Master Burglar who spends hours trying to determine the combination to a safe that had all along been left open by a careless bank clerk.

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, whether under FERS, CSRS or CSRS Offset, the “keys to the universe” of obtaining an OPM Disability Retirement are quite simple and straightforward: Prove that the medical condition prevents you from performing one or more of the essential elements of your job.

However, as the devil remains in the details, the simplicity of the metaphorical “key” to a successful outcome is not dissimilar (a double-negative that turns out to mean “similar”, sort of “like” a simile) to most such Keys to the universe: a systematic, methodological compiling of proof combined with legal precedents to cite in presenting a compelling tale to the U.S. Office of Personnel Management, such that the “key” is effective enough to “unlock” an approval from them.  Of course, as with all metaphors, the analogy is like the simile that refuses to be like other such metaphors, or so it is often said in the vicious circularity of language’s mysteries.

Sincerely,

Robert R. McGill, Esquire

OPM Retirement for Mental or Physical Incapacity: The time of purpose

Does purpose always guide?  Or do we sometimes work on automatic pilot — without thought, working our way through a morass of repetition merely because that is the way we have always done things and it is more comfortable to continue on that same path?  What does it mean to live without a purpose, or even to live with one?  Are we more motivated; does initiative power the inertness within, like steroids or extra fuel added where the flickering flame is about to be extinguished but suddenly someone pours a cupful of gasoline upon the embers of a dying bonfire and “poof!” — purpose places us back on track?

Are there “times of purpose” as opposed to a lack thereof — like seasons that come and go in repetitive rhythms that we are quite familiar with — and during those times when we know the “why” for which we live, it makes it that much easier to get though the day?

Seasons come and go; the rhythm of a life is often impacted by the circumstances that we find ourselves in; and whether we “have” a purpose — as in possessing a clear path or vision forward, or retaining a certain goal or perspective on the “why” of what we are doing — or not, there are those who believe in a higher order of teleological framework where there is an objective reality that guides the course of all human activities and events.

Whether there is such a higher order or not is the Question of the Ages; of theological debates and one’s place in the wider universe; these are all great issues and questions pondered by greater minds, but when the voices of certitude and preaching become silent and the conversation wanes into the late evening, it is only the lonely voice of the individual and the soliloquy of quiet thoughtfulness that remains — and it then comes down to:  What is this time of purpose for me?

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 employee from performing one or more of the essential elements of one’s Federal or Postal job, it is likely that the very consideration that one’s career and livelihood may be lost, will begin to drive the time of purpose.

Before the medical condition, the time of purpose involved one’s career and work; with the onset of the medical condition, the time of purpose encompassed getting back one’s health; and now, where it becomes clear that the medical condition and the Federal or Postal job are no longer consistent or compatible, the time of purpose must involve preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  For, the time of purpose is driven by the circumstances that change and surround us, and one’s health is a significant life-event to compel that time of purpose.

Sincerely,

Robert R. McGill, Esquire
Federal Disability Retirement Attorney

 

Federal & Postal Disability Retirement: Down a Rabbit Hole

The phrase originates from the novel by Charles Dodgson (under the pseudonym Lewis Carroll) entitled, Alice’s Adventures in Wonderland, shortened to “Alice in Wonderland”, and has come to take on a wider meaning — embracing any experience where one unexpectedly encounters a surreal, bizarre universe or phenomena.

The phrase is an interesting one — of somehow entering a different kind of reality where a parallel universe exists.  The rabbit holes of real life are more mundane — of a nest found in one’s back yard where young bunnies huddle together in fear of being discovered, and where hope of survival depends upon people walking by oblivious to the shelter and dogs failing to sniff out the hideouts.

We all walk through life hoping that we can avoid falling down a rabbit hole, and many of us deliberately avoid areas that may be pocked full of them, like so many potholes in roads and bridges that have been left in disrepair.

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 necessity of filing a Federal Disability Retirement application, to be file through the U.S. Office of Personnel Management, may be considered tantamount to falling down into a Rabbit Hole.

OPM is a large bureaucracy, complex in its administrative procedures and processes, and the entire journey of preparing, formulating, filing and maneuvering through the Federal Disability Retirement laws, procedures and regulatory morass can be somewhat likened to Alice’s Adventures in Wonderland — only, the reality of it is that the surreal universe of the bizarre must meet the universe of necessity, and while the child who reads about Alice can delight in its wonderful tales and adventures, the Federal or Postal worker must live within the reality of a medical condition that remains forever.

That is why, in both cases, falling down into a rabbit hole will often need some expert guidance — like consulting with an attorney who specializes in Federal Disability Retirement Law so that the rabbit hole one falls into enhances the chances that the bizarre will ultimately lead to a successful endeavor out of the maze of OPM’s complex processes.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Retirement: Thinking

What constitutes it?  What is the evidence that it was engaged in?  When a person is charged with “premeditation” in the perpetration of a crime, and therefore ascription of full responsibility is used to convict and assign a greater length of incarceration, what methodological intricacies are involved?

Take the following hypothetical:  A man walks into a candy store and grabs a Snicker’s Bar, and runs out of the store without paying for it.  He is nabbed.  At the trial of the matter, the prosecutor gives the following summation to the judge:  “Your honor, this man clearly thought about it.  He entered the store, looked about, and deliberately took the Snicker’s Bar and ran out without paying, knowing that he did not pay it — otherwise, why would be have run?  Indeed, when the police caught him, he yelled, “I was hungry!”  That statement alone shows that the man knew he had not paid for it, for it was an admission of a motive, and thus, it is a clear indication that he thought about stealing it, walked into the store and with criminal intent stole the candy bar.  Only the death penalty would be appropriate for one with such premeditative intent, as he is a danger to society!”

Now, contrast this with the following:  The Candy Store’s automatic door opens, and an animal — a neighborhood dog — saunters in, sniffs about, and no one really notices.  The dog grabs a Snicker’s Bar, gobbles it.  Passersby watch.  The store’s owner notices, laughs, shoos the dog out the door.  Why do we not think that the dog “thought” about it?  Why is “thinking” ascribed to the human being, but not to the animal?  What is it about the actions of the two species that differentiates them?  Does the mere fact that we able able to speak, formulate words and convey thoughts, whether pre-or-post action confirm that any extent of reflective processes occurred?  Is the process of “thinking” always productive — i.e., leads to actions that are fruitful, or is much of it simply an insular activity that results in no great consequence?

For Federal employees and U.S. Postal workers who are “thinking” about filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the key to “thinking” about it is to take the next step and act upon the thought.  People often think that thinking is a productive activity, so long as it remains active and continuous.  But thought can also negate and prevent, and too much thinking, or not enough, can often become an obstacle to the necessary next step.

In order to prepare, formulate and file an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, the key to productive thinking is not merely to engage in it as an insular, solitary activity, but to have the consultation and advice of an attorney who specializes in Federal Disability Retirement, lest merely thinking about it leads to an unthoughtful act that leads one to believe that the very thinking itself was thoughtless.

Sincerely,

Robert R. McGill, Esquire

 

Legal Representation on Federal Disability Retirement Claims: The smile

Some say that dogs don’t do it, but dog-lovers know better.  Cats certainly do, but with a slyness that betrays sincerity; and chimpanzees, hippopotamuses and elephants.  Birds cannot because of the rigidity of their beaks; and squirrels, certainly, with their flitting movements as they run joyfully across lawns and up treetops where nuts galore await their anticipation of delight.  But of human beings; we all engage it, but whether with sincerity or to conceal, that is always a question that needs pondering.

The eyes often tell all; as Plato and others have described it in metaphorical terms, the window to one’s soul; and so one may walk about and force upon the watching world the curl around one’s lips, but the vacant stares or the look of pain, the distant eyes that betray the insincerity of the smile will often manifest the anomaly of what the expression means.

Only human beings can portray the opposite of that which is natural.  For, with animals (and yes, that includes dogs, as well, despite what the so-called “experts” say) the smile is just that – an expression of the facial features that impresses upon the world that happiness, contentment and a tummy rub (i.e., for dogs) produces the effect that naturally comes about – the smile.

For humans, however, it may be to conceal; of the smile that says to the world, yes, I am happy by all appearances, so leave me alone and allow me to wallow in my own secretive misery.  Or, the expression on the face that curls the lips just before the smiling face stabs one in the back.  Or, in a group of people where everyone is talking and smiling, you spot across the room the person who is also smiling, but still you wonder, for the eyes don’t quite match the curling expression.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of the Federal or Postal job and position, the smile that conceals is often the one that is worn day in and day out – to conceal the pain, to hide the truth, to cover the anguish.

One cannot be genuine and continue on in life if the inner turmoil does not match the outer reality of life’s living.  It may be time to prepare an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, if only to have the smile on one’s face return where the genuineness of the expression matches the reality of one’s situation.

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