OPM Disability Retirement: The Preemptive Argument

There is always the danger accompanying it — That the presupposition was unfounded and you may be pointing out a problem that the other side never thought of.  We are all aware of what assumptions can lead to, and so to make a preemptive argument is to enter into dangerous waters where unseen dangers may lurk.

How does one make the right decision as to whether to include the preemptive argument and how prominently should one make it?  Such a question presupposes a cost-benefits analysis — of first determining how likely the other side will recognize certain weaknesses in your position, then providing the preemptive counterpoint accordingly.

In preparing a Federal Disability Retirement application under FERS, whether at the initial Stage or at the responsive Reconsideration Stage of the process, the point of making a preemptive argument depends upon the purpose for which you are making it.

For, at the Initial Stage of the process, you should make such an argument in an understated manner, all the while emphasizing the overall strength of the case; whereas, in responding to an OPM Denial and providing a responsive legal memorandum, any preemptive argument should be made both as a response to OPM as well as a preemptive appeal to an Administrative Judge at the U.S. Merit Systems Protection Board (MSPB) — in other words, the elaboration of an anticipatory argument, presuming that OPM is likely to deny the case a second time, as well.

All preemptive arguments possess inherent dangers, but as OPM systematically engages in a shotgun-scattering approach in justifying its denial of a Federal Disability Retirement Application, it is likely that any preemptive argument is in little danger of bringing up any surprises which OPM hadn’t considered, anyway.

Consider contacting a FERS Attorney to prepare and formulate an effective Federal Disability Retirement application under FERS, especially when formulating a cogent argument of preemptive significance.

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.

 

Disability Attorney Representation After an OPM Application Denial: The Missing Piece

That is the height of frustration — of assembling something, perhaps a mechanical device, a complex toy for a child (or for the adult, for that matter), or going through a computer downloading process, etc. — and realizing that there is a “missing piece”.  Even in reading a book on a technical subject matter; of realizing that the author is assuming that the reader already knows about a concept being discussed, a historical event being referred to.

What did we all do before the capacity to “google” a subject?  Is that why rote memorization is no longer required — because we can all whip out our Smartphones and instantly become an expert on any subject by regurgitating upon the subject-matter description as provided by the internet?

The “missing piece” is often in the body of a denial rendered by the U.S. Office of Personnel Management in a denied Federal Disability Retirement application under FERS.

There may be many reasons given for the denial, but it is often a single missing piece of the puzzle which would have persuaded and convinced OPM to approve the case.  It would have been better, of course, to have anticipated the “missing piece” and to have preemptively made the proper argumentation in the original submission of the Federal Disability Retirement application.

Whatever the case may be, it is important to have a disability attorney recognize and identify, then to “fill in” the missing piece in preparing, formulating and filing an effective Federal Disability Retirement application under FERS, or in rebutting an OPM Denial, whether for the Reconsideration Stage or even for the MSPB appeal.

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 under FERS: The Pariah

The irony is that some in the universe of bloggers and ceaseless appearances on the Internet consider that the word itself should be cast out of the sphere of daily lexicon usage; the word itself is considered a pariah, and therefore is treated as such.

Yet, words in and of themselves have no meaning; Wittgenstein is correct in positing that the concept of a “private language game” known exclusively to a single individual is nonsensical — literally — precisely because “meaning” is imported by the manner in which a word or sentence is communicated between two or more individuals, and the purpose and motive by which it is applied.

A pariah is an outcast, and there are many in the world who are treated as such.  Whatever its historical origins or derivative usage which have engendered insult or resulted in a connotation of disparagement, the problem is not in the word itself but in the motive behind its application.  The word itself is actually quite descriptive and describes accurately the manner in which many individuals in society are treated.  Expungement of the word would indeed be a great loss.

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 treatment of such individuals as a “Pariah” aptly describes how they are looked upon.

Consult with a Federal Lawyer who specializes in Federal Disability Retirement Law, and see whether or not you might qualify for a Federal Disability Retirement annuity so that you can escape from the designation of a “pariah” and move forward in a life where you are treated as an equal, and not as an outcast.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: Waves of Misfortune

Metaphors allow us to understand our circumstances; by relating the circumstance to the natural world around us, we feel a greater kinship when, in all other aspects of our lives, we have tried to alienate ourselves and artificially separate our lives from the origins of our own existence.  Similes, of course, always contain the comparative contrast that allows for a space between that which is compared and the reality of “what is”.

Thus, to say that “X is like Y” is quite different from saying that “X is Y”, even though we know in both instances that X is not Y, and that is precisely why we assert that there is a likeness between X and Y (because “likeness” is not the same as “sameness”) and also why we declare X to be Y even though they are not one and the same.  Thus is there a difference between “Waves of misfortune” (a metaphor) and “Misfortune are like waves” (a simile).

The comparative preposition creates a once-removed parallelism (simile), whereas the metaphor makes no doubt of the mirror image of one with the other.

Medical conditions are more like metaphors (here, we are utilizing a simile to describe a metaphor); there is no space or removal between the situations being compared.  To have a medical condition is not “like” something else; rather, it is the reality of one’s existence.  It is through metaphors, however, as well as similes that we describe the symptoms to our doctors and others, to try and help them understand what it is like to be in constant pain, to be depressed, to be profoundly fatigued.

And for Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition necessitates preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, it must be understood that the Federal Disability Retirement “package” is a paper presentation to OPM, and thus must by necessity use both metaphors and similes in order to persuade OPM of having met the legal criteria of a FERS Disability Retirement application.

The “waves of misfortune” must be described persuasively, lest they become a metaphor for failure in preparing, formulating and filing an effective Federal Disability Retirement application that results in a denial as opposed to an approval.

Sincerely,

Robert R. McGill, Esquire

 

OPM FERS Disability Retirement: Nothingness comes from flattery

It is what Cordelia recognized but which her father could not foresee, and the ruin of a kingdom, the loss of order and the crumbling of relationships resulted all because of the failure to recognize sincerity from entreaties based upon hidden motives of greed and the concealed hand of evil; and of the truism of ex nihilo nihil fit — that nothing comes from nothing — even Parmenides could not warn us of the consequences.

It is because flattery is nothing but — but an insincere cover for motives unrevealed; but a superficial sweetness that can never satisfy; but a swamp of words without substance that will sink into the muck of sycophantic drivel; but of nothingness.

Flattery is the most dangerous of invectives spewed precisely because the sugar that sweetens is that which energizes, but lasts for only a brief time before the reality of bitterness that is sure to follow cannot but hide the reality of a life hidden.  The starkness of reality is often too cruel to withstand, and so we invite the nothingness which comes from flattery.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition is about to end a career, the reality of the medical condition itself is what is often that which we wish could be covered by life’s sweetness.  We wish for X, but life has given us Y.  We thus hope for flattery to lessen the impact, but the reality of harshness refuses to lead us down into the pathway of nothingness.

Federal agencies are harsh entities; they may have flattered us in the past by making us think that we are invincible; that we “matter” to them; that we are part of a greater team, etc.

When a medical condition begins to prevent the Federal employee or U.S. Postal worker from performing the essential elements of one’s Federal or Postal position, then suddenly the sugary voices of flattery become replaced with harassment, hostility and adverse actions. It is then time to prepare, formulate and file for Federal Disability Retirement benefits, to be submitted ultimately to the U.S. Office of Personnel Management, where the greatest flattery of an approval of one’s Federal or Postal Disability Retirement application will reveal that, indeed, nothingness comes from flattery when a person has taken for granted that which is the more important element: one’s health.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Patterns of existence

If you live long enough, you begin to see the patterns of existence; and, perhaps, that is why cynicism begins to creep into the lives of the older generation.  When you have “seen it all”, does the shadow which looms upon the radiance of a midday smile begin to fade with the vestiges of dark clouds approaching?

The repetition of vacuous words emitted from the caverns of a politician’s mouth; the crime waves that never seem to relent no matter the spectrum of punishment versus economic investment; the inflationary impact upon the valuation of monetary policy; and the general rule that, for the most part, tomorrow will be no different than today, and today is the measure to determine the memories of yesterday.

Is there really a “pattern” that comes about every 50, 70, or 100 years?  Many of us may live to witness such patterns if it is the first in the tripartite sequence of numbers — but does twice in witnessing constitute a “pattern”, per se?

Say you saw that X happened when first you became aware of your surroundings after birth; and 50 years later, you saw the same, or “similar” occurrence; does that constitute a “pattern”, or is it merely what Hume contended, that the mere fact of B following upon A does not constitute causality, but merely a coincidence of happenstance of one occurring after the other because there is no “necessary connection” between A and B.  Or, is it that we attribute patterns of existence because we ourselves reside in such repetitive monotony based upon expectations that the room we exited from will still exist in fairly the same way as we left it upon returning to it — vestiges of Berkeley’s idealism and definition of “existence” wedded to perceptual departure?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of his or her position with the Federal Government or U.S. Postal Service, FERS Disability Retirement should be an option to consider.

Just remember, however, the “rules” governing the patterns of existence: Don’t ever think that such a bureaucratic procedure can be easily maneuvered through; don’t presume that your case is an “easy” one; and don’t believe everything that your Human Resource Office, your Supervisor or even your “best friend at work” is going to tell you everything you need to know.  To do so would be to violate the first rule in the patterns of existence: Things are always more complicated than they seem.

Sincerely,

Robert R. McGill, Esquire

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

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

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

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

Medical conditions tend to insert that conjunctive into a life, don’t they?  For Federal and Postal employees who consider the “but” of a life to be that medical condition that has come to a critical juncture — not merely of a grammatical appendage, but of a true intervening cause that disrupts — because it prevents the Federal or Postal employee from performing one or more of the essential elements of his or her Federal or Postal career, it may be time to begin to prepare, formulate and file an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

The “buts” of life are merely conjunctives that forecast the darker clouds that rain upon an otherwise stellar experience; to alter the “but” and instead turn it into a mere “and” is what preparing, formulating and filing an effective Federal Disability Retirement application can do, and thereby avert the “but” word that makes the remainder of the paragraph simply an extension of an otherwise joyful phenomena called “life”.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation Federal Disability Retirement: The Farmer’s market

They are now in most localities, in communities throughout, cropping up like a movement that pervades imperceptibly in quiet amalgamations like forces that cannot be seen but are still known to exist.

Farmer’s markets represent the strength of a community, the support of a town and the reverting-back of a city, to a time where local farmers were important and the packaged foods that come from foreign countries and line up on the shelves of corporate supermarkets are rebuffed by “buying local” and “supporting the local farmer”.

There was once a time, some many decades ago, when every town went to the corner butcher to get the day’s cut of meat; when farmers grew crops for one’s own family, and for the community within the bird’s eye-view from the door of one’s house; when traveling to the next largest city, or even crossing a state-line, was a big enough deal to give kisses and hugs.

Then, someone “thought big” and believed that refrigeration, transportation in mass quantities first across state lines, then from one side of the country to the other, then from across the great seas – that, from such a grand idea, hunger and starvation would be a problem solved, and profits would soar and the world as a whole would be a better place to occupy.

The pendulum of history always swings back, however, as the movement upon corporate structures was countered with “bigger is not better” and resulting in the idea that the “small” community, the “local” foods and the backyard gardener represented the healthier choice of living.

Somehow, there is a spectrum that always seems to prevail, that arises from within the innate need of human nature: of wanting to grow larger when there is smallness, and wanting to harken back to smallness when one has grown too large.  Yet, in most instances, a compromise of sorts must be accepted; for, once the spectrum has run to one extreme, it is nigh impossible to recapture that which was lost.

That is often the problem for the Federal employee or the U.S. Postal worker who has “grown” in one’s career, advanced, received all of the deserved accolades, etc.  To become “small” again is difficult to accept.  Yet, when a medical condition begins to prevail upon the Federal or Postal employee, and it becomes impossible to perform all of the essential elements of the positional duties of the Federal or Postal job, the necessity of consider a Federal Disability Retirement becomes an inevitability.

What stops or pauses the Federal or Postal employee from initiating a Federal Disability Retirement application?  Often, it is that same psychology of having to resort back to “being small” – of downsizing, of “giving up.”  But always remember that one must prioritize one’s life, and without one’s health, there is no life to enjoy.

In the end, the Farmer’s Market is the ideal most of us strive for – of smallness that is manageable, with a healthy side to it of knowing where the food comes from; and filing a Federal Disability Retirement application is similar to visiting the local Farmer’s Market, where the accomplishments of life’s gifts are found most in the small things we cherish.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Reality and poetry

A woman sits on a park bench surrounded by the concrete giants of looming buildings and antiseptic structures overhanging and overshadowing all but the remnants of nature’s detritus, with the cooing pigeons that bob their heads back and forth as they meander about in the contrast between reality and poetry.

And she has a book in her hands.  It is a book of poetry.  Who the author is; what the verses metaphorically narrate; how the images impact the quiet reader; these are not so important as the oxymoron of life’s misgivings:  A city; the overwhelming coercion of modernity’s dominance and encroachment into nature’s receding and dying reserve; and what we hang on to is a book of poetry that reminds us that beauty is now relegated to printed pages of verses that attempt to remind of beauty now forever lost.

No, let us not romanticize the allegory of a past life never existent, such as Rousseau’s “state of nature” where man in a skimpy loincloth walks about communing with nature’s resolve; instead, the reality that man has lost any connection to his surroundings, and is now lost forever in the virtual world of smartphones, computers, Facebook, Instagram, Twitter and Texting.

The tactile experiences of our individual encounters with the objective world is now merely the touch of a screen, and feel of glass, metal and plastic, and the pigeons we feed with such joy and excitement from park-benches manufactured with recycled materials so that we can “feel good” about the environment that we have abandoned.  And so we are left with the reality of our lives, and the poetry that we always try and bring into it, if not merely to remind us that there is more to it all than work, weekends and fleeting thoughts of wayward moments.

For Federal employees and U.S. Postal workers who suffer from an additional reality – of a medical condition that impacts his or her life in significant ways – the third component is not a mere irrelevancy that complicates, but often becomes the focal point of joining both reality and poetry.  Medical conditions have the disturbing element of reminding us of priorities in life.  Reality, as we often experience it, is to merely live, make a living, survive and continue in the repetitive monotony of somehow reaching the proverbial “end” – retirement, nursing home, sickness and death.

Poetry is what allows for the suffering of reality to be manageable and somehow tolerable; it is not just a verse in a book or a line that rhymes, but the enjoyment of moments with loved ones and those times when everything else becomes “worthwhile” because of it.  But then, there is the complication of a medical condition – that which jolts us into wakefulness of a reality that makes it painful and unacceptable.  What is the road forth?

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition now makes even work at the Federal agency or Postal facility intolerable, preparing an effective Federal Disability Retirement application is at least a path to be considered.  It is a long, arduous and difficult road that must wind its way through the U.S. Office or Personnel Management, but the choices are limited, and surely, you never want to abandon the poetry of life, and be left with only the reality of the medical condition?

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: The jolt that alters

Second chances are hard to come by; they rarely release the powers constrained and tentatively restrained for future redemptive actions taking those steps back, words erased from regrettable and thoughtless splices of life; and even when the opportunity is provided, it is precisely for the same reason that the One who visited and descended within the historicity of this world refused to restate that which had already been taught once; for, no matter how many times it is stated, reiterated and disseminated, the power of forgetfulness and deliberate self-justification to not do something is so ingrained in the humanity of man’s imperfection that one wonders whether any jolt that alters has an impact for very long.

There is, of course, the story of Saul of Tarsus, who on that famous road had such a shock of conversion that no amount of persuasive argumentation would alter the alteration consumed, and from that time, others have attempted to tell a narrative of similar power, conversional trauma and cataclysmic vicissitude; but they all miss the point.  It is not the narrative itself as told by one’s subjective experience, but of the experiential phenomena itself.  Trying to copycat the original is like the forgery of a masterpiece; somehow, whether it is the tone, the quality or the vibrancy of lack, there is an imperceptible difference that makes all the distinction in the world.

Medical conditions often provide the jolt that alters; suddenly mortality becomes a reality, the end seems nearer than in those youthful days when invincibility was the cornerstone of dare and foolhardiness, and fractures bones were mere brushes with defying the gods of fate, and we laughed in the face of weaklings who dared not advance.  Age has a way of bottling and distributing the laughter of gods that once seemed immortal, and it is the weakness of our essence that tends to bubble upward into the heavens of forgotten mythologies.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition becomes the jolt that alters, it may well be time to prepare, formulate and file 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, in the end, it is not so much the jolt that makes the difference, but the alteration that compels movement forward into a future that may be obscured by fear and loathing, but a necessity that nonetheless must be faced; for, the jolt that is disregarded and ignored is that very one that will force the alteration, whether by choice or by freedom of will.

Sincerely,

Robert R. McGill, Esquire