Federal Disability Retirement Law: Knowledge of the Elements

It is important to understand what a thing is made up of; otherwise, without that knowledge, you will fail to appreciate the interaction and possible reaction to other elements.

It is the Aristotelian approach which is important — of understanding “first principles” and the underlying substratum of a thing.  Plato’s approach, as well, was similar — of abstracting the greater principle from the particular, but the manner in which he explained things was more in a poetic sense than the practical, and thus do we consider the Aristotelian approach the more “scientific” of the two.

In Law, an understanding of the elements is just as important.  For, if you are not familiar with the elements, you can be easily sidetracked into irrelevant issues, inconsequential arguments and insignificant declarations.  In a very different sense, as well — as in the “elements” comprised of the weather — it is important; for, knowing the elements will mean that you can prepare for any eventuality.

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 — it is important not only to know what “essential elements” might mean, but also, what the elements of the law governing Federal Disability Retirement are comprised of.

For, without knowledge of the elements, you will fail to understand what to prove, how to prove it and to what extent proof is required.  Without such knowledge, you will be exposed and vulnerable to any and all claims of rebuttal by the U.S. Office of Personnel Management.

Contact an OPM Disability Attorney who has the necessary knowledge of the elements, and begin to formulate an effective Federal Disability Retirement application under FERS, whether by an Aristotelian approach or the more poetic methodology of Plato.

Sincerely,

Robert R. McGill, Lawyer

 

FERS Disability Retirement Benefits: Nothing New Under the Sun

Nothing is ever new under the sun; it is only from the perspective of the new that “newness” is perceived.  Thus, if you live long enough, you will witness the identical political issues come around, the same problems crop up, and parallel arguments made.

History has an innate cycle; it is merely our memories which fail to recognize the repetition.  Sometimes, of course, the old metaphor of something being dressed up in wolves’ clothing is also appropriate — meaning, merely, that the issue itself is an old one; it has merely changed its appearance in order to make it look new.

From the newborn’s perspective, of course, everything is new, fresh and pure — well, maybe not pure, if you count the dilapidated buildings, bridges and abandoned ballrooms.  To the newly initiated, the term “new” merely means that it has not previously been encountered; no memory of it exists; and the newness is based upon the premise that it has not been experienced until now.

Nevertheless, despite the protestations by the newly initiated that it is “new” to them, the plain fact is that there really is nothing new under the sun.

Why do we use the term, “under the sun”?  Because it describes the parameters of our phenomenological experience — of this universe and this planet.  Even the recent video footage from the drone helicopter showing us the “new” terrain on Mars is not really “new”; it’s been there for centuries.

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 medical condition itself is clearly something “new”.  Filing for Federal Disability Retirement benefits through OPM will be a new experience.

What you want to do, however, is to consult with a Federal Disability Attorney whose experience and knowledge will show that even that experience is nothing new under the sun; otherwise, you might end up being guided by someone who doesn’t really know what he or she is talking about.

Sincerely,

Robert R. McGill, Lawyer

 

OPM Disability Retirement Benefits: The Pace of Life

Although we try and control it, it defies such control; and the best that can be accomplished is a paltry attempt at managing it.

Whether with the five minutes to feel the warmth of a steaming cup of coffee, a fifteen minute meditative stance of inner quietude, or a 2 mile run with earphones on to become lost in the rhythmic monotony of jogging within the insular world of a musical beat; despite it all, the pace of life quickens, and we feel that there is nothing that can be done about it.

Life is stressful.  Giving lip-service to the fact of its pace somehow seems to help in overcoming it; or, at the very least, in disarming the ravages of their impact.  What little things we do; from taking a deep breath to isolating ourselves into depressurized tanks of meditative quietude — is palliative at best and self-delusional at worst.

Then, when a medical condition or other interruptive nuisance of life further adds to the already over-burdened pace of life, we often wonder whether we can even “handle it all”.  But what choices are we left with?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to split the seams of sanity, preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management under FERS, is often the answer to the unanswerable question: What will lessen this unbearable pace of life?

To dissect the various elements and tentacles that wrap themselves around and strangle, then to bit by bit dislodge and separate, then get rid of — like the process of cleaning out a basement or an attic that has accumulated the junk of unnecessary hoarding.

The pace of life will always be a burden; filing for Federal Disability Retirement under FERS is a step towards lessening the burden for the Federal or Postal employee suffering from a medical condition, such that when the peripheral and surrounding stresses are unpacked, the central focus of attending to your medical conditions becomes the singular pace of life’s embrace.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: The real me

Are there societies in which the non-existence of the concept of “self” reveals a qualitative difference in approaching life in general?  Does the fact that language embraces the singular personal pronoun in contradistinction to the plural, communal form (i.e., “we” or “us”) make a difference in the manner in which we see the world?

If “I” as the subject/nominative form or the “me” as the objective (accusative and dative form) were to be expunged from the English Lexicon, would the universe be shaken and the axis upon which rotation occurs be shattered such that earth would no longer remain as we have known it?  Or — beyond the modernity of linguistic philosophy, where there are no substantive philosophical problems which cannot be solved by Wittgensteinian means of clarifying, modifying or overhauling the language game utilized — will we merely go on as before and act “as if” the “I” and “me” did not exist, but carry on for selfish purposes, anyway?

There is always that hankering by each one of us that “if only…”.  If only people knew the “real me”; if only she could recognize the uniqueness of the “I” that doesn’t quite come out right because of my nervousness, shyness, etc.  If only the boss knew; if only my wife knew; if only my husband knew….

The cynic, of course, would counter with: Good thing no one knows the real you….  Or, is it really just another form of the philosophical conundrum that we have cornered ourselves into — sort of like Ryle’s “Ghost in the Machine” argument where Cartesian dualism doesn’t exist, and so there is no “real me” beneath the surface of what we present to the world — that, in fact, we really are boorish, one-dimensional and unsophisticated creatures who put on a good show, and that is all there is to the “I” and “me”: A composite of the Neanderthal who puts on a necktie and pronounces words and phrases in monosyllabic forms of grunts and groans?

For Federal employees and U.S. Postal workers who suffer from a medical condition and who must consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the real “I” or “me” is certainly not the person whom the Agency has tagged as “less than whole” because of the medical condition itself.

Yet, that is how the Federal Agency and the Postal unit will often approach the unfortunate circumstances of the Federal employee or Postal worker who reveals an intent to file for OPM Disability Retirement benefits under FERS.  No longer as part of the “we” or “us” team of Federal employees or Postal workers, the Federal Disability Retirement applicant is often shunned and sequestered, and generally harassed and placed under administrative sanctions — merely for revealing a vulnerability resulting from a medical condition.

That is essentially where the problem of the “real me” resides: Of how we pigeonhole one another.

To avoid that as much as possible, it is a good idea to consult with an Attorney who Specializes in Federal Disability Retirement Law, to fight back against the notion of the real me that the Federal Agency or the Postal Service wants to depict, as that malingering worker who once was X, but is now seen as Y.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Giving lip service

What does it mean to merely give “lip service”?  Ultimately, it is the hypocrisy of committing to words the sincerity of inaction.  In other words, it is merely the utterance of words, with nothing to follow.  This is a society that speaks much, and does little.  We give lip service to the braggadocio of being a productive society, yet, concurrently admit to the massive loss of the manufacturing sector of our country.

Can a country whose primary essence is built upon a “service industry”, actually declare itself to be “productive”?  Can we truly instill fear and dread upon our enemies while simultaneously confessing that no ground troops will be deployed?  Can unmanned drones win wars?  Can we actually claim to have hundreds of “friends” if we have never met them, never been irritated by the subtleties of undesirable traits and personalities, yet have spats by mere tapping of the fingertips on a keyboard?

It is little wonder that we are a society of mere utterances, less action, and where words pile upon more words to voluminously detail the insincerity of the greater cumulative mountain of meaningless words.  Lip service is to promise the world and leave the scraps of society with mere leftovers.

Admiral Yamamoto was only half-right when he feared that, by successfully launching the sneak-attack upon Pearl Harbor which brought the United States into the Second World War, he had inadvertently awoken a sleeping giant; for, generations later, who remembers the words of the victors in the history of fallen empires, but the faint snoring of the giant gone back to sleep?

It is lip service we give, today, and the same we receive in return.  In a universe where language is both the essence of life, as well as the primary barrier to living it, the duality of clashing worlds where virtual reality dominates the phenomenology of currency, it is little wonder that we can, as a species, survive even a day.

What other animal turns to the technology of texting in the midst of an endangered life?  Of embracing an impotent shield of linguistic panorama when threat to safety prevails and calls upon the urgency of action?  Do other predators – and we are one, despite our denials by protecting endangered species who mirror our own violent history – scream when attacked, or do they growl with aggressive energy to compel our enemies to take heed?

Beware of the lip service, especially by those who would do us harm.

For Federal and Postal employees who begin the process of preparing, formulating and filing for Federal Disability Retirement benefits, whether under FERS, CSRS or CSRS Offset, the inclination is to be “fair” and to inform one’s Federal Agency or the U.S. Postal Service of one’s “intentions” concerning the process; but such information prematurely disseminated may come back to haunt, and one must always be wary and cautious of inane platitudes from coworkers, supervisors and managers who are empowered to harm.

For, the passing comment made, and returned with the innocuousness rising to the level of inaction in the lip service of those who pretend to be friendly, may come back to haunt with an administrative sanction which does some actual harm in this world of virtual reality in a language-filled emptiness.

Sincerely,

Robert R. McGill, Esquire