Tag Archives: disability usps employees law blog of attorney McGill

FERS Medical Retirement: The Age of Absolutes

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

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

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

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job — if you tried to engage the First Stage of the Federal Disability Retirement process and received a Denial from the U.S. Office of Personnel Management, you will note that OPM writes its Denial Letter “as if” they are the gods of Absolutism.

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

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

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

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

Office of Personnel Management (OPM) Disability Retirement: Etc.

It is a latin term; the full derivative is, “et cetera”, and is inserted at the end of a laundry list to mean, “And the rest”, “the list goes on”, “other likened things following”, etc.  Linguistically, it is a convenience of sorts, for it allows us to abbreviate instead of going on and on exhaustively.

Applied to individuals, it is the place in a sentence, a paragraph — a narrative — where we hope not to be.  Thus, in a conversation held by two women about men in general:

“So, what do you think about Bob?”

“Oh, you know the type.”

“Type?  Can you elaborate?”

“You know — they are rather uninteresting, like John, Terry, William, etc.”

Now, if you were John, Terry, William — or even Bob — you were at least recognized.  It is if you were relegated to the “etc.” that it becomes a problem.  You are the unnamed, irrelevant entity banished with the grammatical device of an appendage at the far end of a sentence.  You are not even a footnote.  You don’t even make it into the end pages of a large non-fiction work in the “notes” section.  You are a non-entity.

For Federal employees and U.S. Postal workers who feel the way an “etc.” does because you are no longer relevant to your Federal Agency or Postal Service as a result of a medical condition which no longer allows you to continue in your career, consider Federal Disability Retirement.

Contact a disability attorney who specializes in Federal Disability Retirement Law, where multiple issues of legal complexities may challenge you, such as the issues of accommodations, nexus between the medical condition and your job, reassignment — et cetera.

Sincerely,

Robert R. McGill, Lawyer

 

Disability Retirement under FERS: Balancing the Unfair Advantage

It is the advantage itself — whether by one side or of the other — which creates an imbalance to occur, and it is thus the greater weight on either side defines and constitutes the unfairness of it all.  A weighted scale; a pair of loaded dice (it was once the case that such a phrase — “pair of dice” — was unnecessary, because the singular of “dice” was die, and to identify ”dice” was to necessarily state the obvious that it was a pair; but in Modern Standard English, the word “dice” now represents both the singular as well as the plural; but we digress); a biased referee; a bribed umpire — do these all have something in common?

No, this is not an IQ Test (remember those questions where you are given a series of words and you had to either choose the one that would fit into the same category or exclude the one that was a misfit?), but it does symbolize the state of affairs in so much of life.

Where unfairness abounds, it is often the concealed aspect which tips the balance in favor of one side or another.  Thus do politicians allow for silent exceptions within the detailed language of legislation; undeclared biases determine advantages otherwise unidentified; insider information gives the unfair advantage to stock traders and members on financial boards and subcommittees; and the team which steals the rubric of the other’s signals and signs gains the advantage both in predicting future behaviors and battles.

In law, who has the unfair advantage?  Is it the entity who fails to explicitly define the criteria which determines success?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal employee from performing one or more of the essential elements of one’s Federal or Postal job, just remember that filing a Federal Disability Retirement application guarantees nothing.

The legal criteria inherent in the process; the administrative procedures which must be advanced; the supporting documentation that must be submitted; the answers on standard forms which must be completed — these are all within the purview of knowledge by the U.S. Office of Personnel Management, and is not easily comprehended by the unwary applicant.

Seek the counsel and guidance of a FERS Disability Attorney who specializes in Federal Disability Retirement Law and begin to balance the unfair advantage that OPM naturally and already possesses.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employees with Disabilities: The Book of Truths

Is there such a book, but in the imagination of mythological treatises?  Is it a large book, or merely a short novella?  Whereas, one assumes that the “Book of Lies” or the “Compendium of Untruths” would be the greater magnum opus — filled with negations, juicy tidbits and unsavory references of everything that everyone wants to hear about.

The plain fact is that the Book of Truths, in this day and age — in the time of modernity where Truth and Falsity can no longer be distinguished, and where words are merely the fulcrum for lifting up one’s perspective, opinion and personal ego — is no longer relevant or desirable.  It would not be a “best seller”; it would never show up on any “Ten-Best” of anything; and no publisher would touch it with the proverbial 10-foot pole, precisely because interest in such revelations and listings has waned in the multi-linear orbit of today’s universe.

Nevertheless, here are some extracts from the imaginary Book of Truths: Life is to be valued; the value of every human being is found in the essence of a relationship and not by the commodity of worth; and to treat others as subjects worthy of an imprint of God is to love one’s self; and others similarly stated, besides.  Yet, society deems otherwise; one only has to witness the treatment accorded by Federal agencies and Postal units to come to that conclusion.

And, for Federal employees and U.S.Postal Service workers who suffer from a medical condition such that the medical condition begins to prevent a Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the need to file for Federal Disability Retirement benefits under FERS may be an annotated entry into the Book of Truths.

Don’t let the Book of Lies, however, undermine such an effort — for, it is the Book of Lies as propounded by various sources of mis-information or bad information that often thwarts the Book of Truths from coming out — and in order to avoid the former, it is best to consult with an Attorney who specializes in Federal Disability Retirement Law, in order to prepare, formulate and file an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, in accordance with the instructions provided in the Book of Truths.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Battle of Spring

There are various “battles” of historical import, including “The Battle of Britain”, “The Battle of the Bulge”, and many others besides, whether popularly so named or forgotten within the annals of history’s short memory.  Then, every year, around this time where April and May meld into a battle of morning frosts and potentially damaging tug-and-pull between winter’s discontent and spring’s yearning for the robin’s call, we wake up one morning and realize that the desolation of winter has finally passed.

Isn’t that how life is, often enough?  There is that in-between period, where tension remains and uncertainty abounds, until the final resolution appears unnoticed, like the unwanted friend who stays beyond the welcoming time of twilight conversations only to finally depart, and the unpleasantries exchanged during conversations left imagined fade into the inglorious memory of yesterday’s sorrows.

Medical conditions, too, are a “battle” of sorts, and create a tension that will not let go, will not release, and will not give up despite every attempt to ignore, placate and shun.  The stubbornness of a medical condition cannot be ignored; its impact, unwilling to be forgotten; and its tension, unable to be released.

That is why, 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 tension and anxiety formed by the very existence of the medical condition is likened to the many “battles” that we face in life.

Perhaps it is a metaphorical observation; and like the allegories that give life-lessons, maybe there is an underlying meaning that can be extracted from the trials endured.

In the meantime, what the Federal or Postal employee needs to do, is to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, in order to release the tension that exists between work and life, work and medical condition, work and ….

The Battle of Spring will come and go, just like all of the other “battles” that have been fought throughout history; and this private battle against the medical condition itself is merely a private friction that also needs to be fought, on terms that create a more level playing field by consulting with an attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: Sad stories

Is sadness relative?  Are there sad stories that are so sad that even the ones that were considered sad prior to the sadder story being told, somehow nullify the lesser sad stories and make them into not sad stories?  Do we, after hearing the sadder tale, turn to the first story teller and say, “Yours was not so sad, after all, and in fact you have it pretty good”?

If a person tells of having just buried his mother, and you ask, “How old was she?”  He responds, “She was 95”.  Then, someone else says, “I just had to bury my 5 year old daughter.”  There would be a dead silence, would there not?  Surely, we say to ourselves, the death of a person who had a long life is not nearly as sad as the ending of one so tender in years, and as death is merely a part of life, there is something inherently sadder about the child’s life ending than that of a person who had a long life?

Both represent a life ended, but it is the knowledge that the former had fulfilled the natural course of a life while the latter was the victim of an early tragedy, unnaturally ended and interrupted for all of its promise, hope and anticipation for the future – surely, there is a qualitative difference between the two sad tales?

Or of someone who was recently fired from a job and is desperately trying to seek new employment; say that person is looking through the want-ads in the employment section (yes, yes, that is entirely outdated nowadays with special apps for resume-sharing and online submissions, etc.), and in the course of searching, reads a story about a far-off country where war, famine and general devastation are ongoing, and discovers with interest a sub-story about a family that is homeless and is being hunted down by enemies, etc.  Does one at that point straighten one’s posture and declare, “Wow, even though I am jobless, I have it pretty good in comparison to that family in country X”?

Yet, if sadness is relative, does that necessarily negate the sad tale completely, or does it merely reduce its impact and value until another comparative judgment is made?  Do we go and search out a less sad tale after debunking the sadness of one’s own with a sadder tale, in order to “restore” the sadness of our own?  Or, does each sadness remain a sadness in isolation regardless of the comparative sadness to another’s?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the sadness of that medical condition becomes such and to an extent where the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal job, it may become necessary to prepare, formulate and file an effective Federal Disability Retirement application, ultimately filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Sadness aside, every tale of ending a career is a sadness in and of itself, but the key to getting beyond any such sadness rests in the next steps, not in the footsteps of one’s past or those of others, but in getting good legal advice and moving on into the next phase of one’s future.  Anything else would, whether in comparison to another’s sadness or not, be the truly sad tale of sadness defined.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation OPM Disability Retirement: Perspective versus reality

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

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

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

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

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

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

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The beleaguered soul

They walk among us.  In modern parlance, the metaphor is equipped with “zombies” and the popularity of such cultural fodder.  People tend to watch such shows and laugh with nervous chatter; but the truth is, there is some inner fear and trepidation that is reflected by such haunting tales, where comedy is fused with the absurd.

The idea itself reverberates with signification of a nervous reality.  It is likened to that old movie (the 1956 version, not the 1978 remake), Invasion of the Body Snatchers, which frightened the French Existentialists because of the denial of that one human characteristic that made life worth living – of the human capacity to love, hate, and experience the sensation of “being”, now deprived by an alien source of devastating consequences, left devoid of the essence of humanity and purpose.

We dismiss such antics of entertainment with the same nervous laughter; all the while, we somehow recognize that, yes, much of life itself comprises a series of insidious detractions that diminish the liveliness of our very souls, but we continue to allow for it to demean and deprive, until we become nothing less than that which we feared all along.

The beleaguered soul is one who has been harassed, intimidated and incrementally put down, to a point where the skeletal remains can no longer withstand the turmoil of life, the travails of daily living, and the constant barrage of plain human meanness.  That life has become so complex such that few can put up with the inherent stresses, is acknowledged by most; but what we avoid and fail to decry, is the lack of empathy that follows, where sheer cruelty has exponentially increased to a devastating effect.  Over time, the zombies and victims of those alien body snatchers become the greater population of society’s burdens.

For Federal employees and U.S. Postal workers, the option to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is an “out” with a brighter future for tomorrow.

The Zombie genre and the movie predecessor leave little hope for the bleak predictions of a dystopian reality; but for the Federal employee and U.S. Postal worker whose medical conditions are such that the Federal or Postal employee can no longer perform one or more of the essential elements of one’s Federal or Postal position, the constant harassment and increasing violations of one’s rights and needs resulting from medical conditions suffered through no fault of the Federal or Postal employee, the effective preparation, formulation and filing of a Federal Disability Retirement application can allow for a brighter future where “tomorrow” may lead to another vocation, a second career, or at least some semblance of financial stability.

It is, in the end, the responsibility of the beleaguered soul to take a last stand against the injustices perpetrated, and to give one’s self a fighting chance that tomorrow is a better hope than the devastation of yesterday or today, and hopefully, that the lock on the door will keep out that pounding invasion, whether by a neighborhood zombie, an alien body snatcher, or a Federal agency or the U.S. Postal Service – sometimes mistaken for the other.

Sincerely,

Robert R. McGill, Esquire

 

FERS/CSRS Disability Retirement: Of tripe, tropes and trickling trivialities

One rarely thinks in terms of multiple stomachs, but certainly cows have them; but when we consider the tripe of language, we project only the inherent foolishness of man.  Of tropes, we may envision a higher calling; though, of course, figurative speech requires greater imagination and creativity, and the dullness of many falls back naturally into either the first or second stomachs of the bovine kind, and not merely to be digested and emitted through the natural canals of intestinal tracts, but by metaphorical heights of human depravity.  Then, of course, there are trivialities, and most of the drip-drip-drip sort, and never in voluminous waves of profundities, but merely superficial utterances of inane particles.

Much of everyday phenomena falls into one of the three categories; and of the first, it allows for wiggle-room into a fourth because of the dual definitions presented.  Indeed, there is great similarity between tripe and truth.  In actuality, farmers will tell us that the cow has only one stomach, but with four distinctive compartments, identified as the Rumen, the Reticulum, the Omasum and the Abomasum.  It is the last of the four which actually digests the food, but the first three allow for the complex mixing of saliva and digestive enzymes, the processing and breaking down of the products of the earth taken in – sort of like an organic factory.

That is the awe of it all, isn’t it –and the irony; for, we see the bovine creature, stoic with its forlorn eyes, standing in its own manure in order to be treated as an assembly-line receptacle in order to produce products to be shipped across the country, and contained within its multiple compartments comprises a reflection of the type of efficiencies which we attempt to mirror and copy.  And then, on top of it all, we slaughter and tear out the first two or three in order to create delicacies for those who prefer the delectable entrees of chefs known to make masterpieces out of common fodder.  Of tropes, of course, we categorize as thoughtful reproaches less evident because of their figurative requirements; but of trickling trivialities, we have to endure because much of society has become entrapped by the inane details of personal lives and stardom’s prurient interests.

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 or Postal employee is under FERS, CSRS or CSRS Offset, the beckoning call must come neither from tripe, nor tropes, nor even from trickling trivialities.

For, in the end, the need to file for Federal Disability Retirement benefits comes about precisely because the seriousness of the medical condition compels one to view other problems as mere trickling of trivialities; that the suffering, pain and anxiety created by the medical condition is no longer a figurative existence like the tropes of literature; and with great certainty, we come to recognize that the digestive processes of a tripe cannot cure the reflective need to change the produce of a world uncaring, even if it is sifted through the complex compartments of a bovine creature, leaving aside the inane foolishness of the world’s loss of character in a life still valued for future engagement.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement: Avoiding the anarchy of thoughtless acts

Life requires acting; successful living demands thoughtful acts.  Every good stage manager recognizes the signs; there are those who float through the script, with nary a cognitive engagement; others who involve themselves with an exhaustive turmoil of stipends unpaid; and still, those who think that talent alone will carry one through, despite the mediocrity which has surfaced unabashed, and where fingerprints left behind of tattered devastation betraying the lack of success.

Do we ever really “get over” our own ignorance or arrogance?  It is said that the two go hand-in-hand, like cousins who dress identically, or twins who hide their natural jealousies by inventing figments of unborn siblings.  It is because we need to compensate for our ignorance that our arrogant character traits surface; and by our arrogant personalities, we reveal the depths of our vacuity.

In history, there never has been a successful civilization based upon anarchical designs; despots and totalitarian conduits aside, such an institutionalization of disarray would never work.  We already have that in supposedly “organized” governments: bureaucracies of mammoth proportions that continue to thrive on indolence and disrepair.

In a state of anarchy, there isn’t even the semblance of competence; as everything is allowed to work without rules, principles or vicarious rationalizations for perpetual existence, so the inherent despair of personal destruction would prevail over any healthy ego or psyche which attempted to reassemble and reorganize.

But what of individual acts?  Does cruelty originate from an anarchy of thoughtless acts, or do they appear from a deliberative consciousness of knowing resolve?  Must institutions reflect the disarray of individual minds, or does a collective anarchy somehow transcend the singularity of thoughtful vacuity, and translate by pure osmosis a secularization of bifurcated consciousness?  Since when was cruelty excused because of lack of thought, when all throughout history it was precisely that principled requirement which mandated good manners and decorum of proper living?

We have come to a point in history where we have accepted a degraded standard, an institutionalization of mediocrity, and thus the faceless shame of inhumanity.  In the end, we will pay a price for such a state of concession, with a thousand cuts inflicted daily.

For the Federal and Postal employee who suffers from a medical condition, such that the medical condition prevents the Federal and Postal employee from performing one or more of the essential elements of his or her positional duties, the daily harassment, hostile environment and constant bludgeoning of the fatigued workforce is but a microcosmic reflection of the greater macro-indicia of a world gone mad. One may take some consolation in the dismissive aside that, “It is nothing personal” – but that is indeed some minor conciliatory excuse.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management may not be the best option available, but it is that which attempts to preserve a scintilla of dignity, as a safeguard away from the daily imputation of cruelty designed, and a means to avoid the anarchy of thoughtless acts.

Sincerely,

Robert R. McGill, Esquire