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.

 

OPM Disability Retirement Legal Assistance: Loss of Logic

Most people have not been formally trained in logical analysis and, indeed, the history of human thought did not rely upon the basis of it — whether symbolic, formal, syllogistic, inductive, etc. — and therefore one could argue that the “loss” of it is of little significance.

However, the change in cultural interactions within the last half century makes it of greater relevance, precisely because we (A) Engage in greater interactive communication, where linguistic persuasion is applied more often than in the historical past and (B) We no longer base power-plays (i.e., through wars, conquering, killing, etc.) as acceptable modes of concessions.

Instead, we have come to a point where persuasion through argumentation and discussion form the basis of changing others’ minds and attitudes.  To that effect, logic becomes an important component in the argumentation, rebuttal and persuasive efforts expended.  Law and the engagement and application of Law, requires a direct utilization of all forms of logic, and the loss of logic in ordinary discourse has a reverberating impact in its efficacy.

For Federal employees and U.S. Postal workers who are preparing an effective Federal Disability Retirement application to be submitted to the U.S. Office of Personnel Management, always remember that the loss of logic in the greater society is no excuse not to apply it in preparing an effective Federal Disability Retirement application.

In the Law, logic still prevails; logical argumentation still wins out; and the application of logic in legal matters still matters.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law, and make sure that the loss of logic in the greater society isn’t lost in the narrow world of legal principles.

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.

 

FERS Disability Retirement Benefits: Truth and Credibility

One normally presumes that the two go hand-in-hand: That if something is true, then it is credible.  But doesn’t the origin and source of it, at least in a subjective sense, matter?  If a known lier makes a truthful statement, could we assert that, “While the statement made by X is true, the fact that X made it results in my questioning its credibility.”  Does that even make sense?

How about a person who is a known philanderer who has had multiple affairs and has married and divorced multiple times — but then travels around the country lecturing at public schools on the subject entitled, “The Importance of Marital Fidelity”?

Let’s assume that everything contained in his lectures rings true: That marriage vows are important to uphold; that happiness comes from remaining faithful; that the temptations of society should be avoided — etc., etc., etc.  Everyone, including all of the elementary, middle and high school students and their parents all agree and are in complete consonance with the lectures and their content; and yet…. Somebody, during one of the lectures, stands up and points out that the “personal life and behavior” of the person giving the lecture is somewhat — ahem — “questionable”.

The “opinion camps” form into a bifurcated line of argumentation: Camp A argues: “The man has no credibility and is just giving us a bunch of bull.”  Camp B argues: “It doesn’t matter who says it — truth is truth, and what the guy is saying is true.”  Who is right?  Can truth and credibility be bifurcated?

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 employee from performing one or more of the essential elements of one’s job, preparing, formulating and filing a credible disability retirement application with the U.S. Office of Personnel Management may become necessary.

Will it have to be “truthful?”  Yes.  But “Truth” and “Credibility” are two distinct concepts, and while every Federal Disability Retirement application must be based upon the truth of a medical condition, the issue of credibility — of compelling OPM to view your FERS Disability Retirement application seriously — is a separate matter, and one that may really need an experienced attorney to represent you in filing a credible and truthful Federal Disability Retirement application with OPM.

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

Disability Retirement under FERS & CSRS: That child we remember

It is as if we hold, within the inner eye of one’s consciousness, a fading photograph of an innocent, pure child – that child we remember before…

Before what?

Perhaps, the breaking up of a romanticized recollection of an intact home; or a period of natural rebelliousness marking a distancing from the carefree hugs, kisses and unselfconscious holding of hands, when puberty becomes the demarcation point of silly alienation; or maybe just before simply entering into the world of cynicism and loss of innocence.

Afterwards, does it continue to provide a positive impact to carry about the mind’s eye a picture of that child we remember?

After what?

After a lifetime of human encounters reflecting the soil of evil, meanness, indelicate indifference and manipulative motives suspicious of unclean thoughts and insensitive undercurrent of capricious targeting.  In those instances, how does one remain pure and reflect the innocence of that child we remember, without becoming destroyed in the process and becoming a mirror image of that which we attempted to resist throughout our lives?  For, isn’t that the fight we strive throughout – of trying not to be like the uncaring parents who neglected, the failed relationships we tried and the backstabbing friendships that we discovered too late?

We try and harken back to that child we remember, knowing always that we will never quite ever recapture that moment forever lost, and simultaneously recognizing that it is not an achievable goal, and even something not necessarily desirable to attain.  Yet, in the subconscious of our private and compartmentalized souls, we always hold an image of that child we remember, and believe that somewhere in the essence of our very souls, there is that remnant of a spark that has survived the evil detritus of the 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 employee or U.S. Postal worker from performing one or more of the essential elements of the Federal or Postal job, the realization that the end of a promising career may soon come to fruition will often recall that child we remember, if only because the uncertain future which looms ahead parallels the innocent fear that the child of yesteryear felt with trembling insecurity just before…

Preparing, formulating and filing 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, is the next step to protect one’s future before proceeding to the next stage of one’s life, and the process of enhancing one’s chances for a successful maneuver through the complex bureaucratic maze at OPM is best accomplished by consulting an experienced attorney who specializes in Federal Disability Retirement Law, and to help keep the flame alive of promises kept for that child we remember.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Writing another’s life

It is all well and good to write the narrative of one’s life, and to live it in accordance with the prose and poetry (or lack thereof) which we embrace; but to write another’s life — it makes one pause, hesitate and move with trepidation.  For, we ask ourselves:  Of what right do we have?  Is that best for the other person?  We make such a mess of our own lives; what burden of responsibility must we undertake in order to shoulder the writing of another’s life?  But that is precisely what we do when we have children, isn’t it?

Without any direction, few examples (assuming the author is one of the fortunate ones who had good parents in which to mirror a paradigm of reflective and transference of constructive behavior), and certainly no blueprint to follow, we blindly accept the unformed clay of humanity’s beginnings, and assume the responsibility of creating and conforming an unfinished product to determine the future course of one’s community, the greater society, and the historical relevance of an expanding civilization.

Gee, that sounds easy enough.  And though we may have made complete messes of our own lives, we somehow believe that we have “rights” and first privileges when it comes to control, command and conforming consolidation concerning creativity confounding colorful conceptual constructs in casting the mold (sorry, but the alliteration didn’t hold for the last couple of words in the sequence).

Then, of course, there comes a time when such narration of another’s upbringing begins to recede, until finally, cessation through maturity, rebelliousness or separation of ways comes to fruition; and the next generation of messes left undone continues in a perpetural progression of regressive deterioration.

Prison workers and correctional officers must feel this way, as they are daily attempting to write the life of others by restraining and reformulating (or trying to) those very failures that were allowed because of priority of rights.  But beyond raising children, how many of us possess the opportunity, or responsibility, of writing another’s life, and if we do, how seriously do we undertake that project?

For Federal employees and U.S. Postal workers who must 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, the writing of another’s life must be undertaken despite that “other” life being one’s own.

In doing so, objectivity must be embraced, and this is often a difficult task, if not an impossible one.  For, in formulating a Federal Disability Retirement case, the narration of proving one’s evidence by a preponderance of the evidence must reflect a standard of objectivity on SF 3112A, Applicant’s Statement of Disability, and must not meander into a diatribe of one’s own musings and meaningless messes.

Writing one’s own life is difficult enough; writing another’s life, when that other life is the one which is owned by one’s own life, is beyond being a writer’s hardship, but a necessity nonetheless if the Federal or Postal worker wants to prepare, formulate and file an effective Federal Disability Retirement application through OPM.  But, then, we were all great successes as parents, weren’t we?

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Games

It is primarily a form of play or sport; but in other contexts, used as a verb, it can imply or denote the manipulation of rules in order to attain a result through unfair or unscrupulous means.  As a sport, some engage in the competitive aspects of life itself, outside of the boundaries of organized or even recognized activity — as in playing “mind games” or harassment for purposes of torturing and victimizing.

Fiefdoms tend to encourage that sort of gamesmanship; and while Feudal Lords no longer exist in an official capacity, they continue to pervade through vestiges of barbarity concealed in the cosmetic niceties of polite society.

Perhaps, in some form during the Darwinian lineage of evolutionary survivorship, when brute strength alone resulted in the genetic alterations through environmental forces necessitating unrelenting characteristics in the expansion of the species, the voice of reason was lost, the soul of empathy extinguished, and the fathomless essence of humanity became a whisper of past hopes and bottomless faithlessness in epochs forever forgotten.

For Federal employees and U.S. Postal workers who suffer from a medical condition, the “game” of harassment, intimidation and unremitting stress piled on in order to test the outer limits of tolerance, is but a daily occurrence no stranger to the fiefdom of yore.  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 positional duties, will need to make a decision in the process of such encounters with coworkers, Supervisors and Managers:  to remain in that “game” of no returns, or to exit and move onto other and more fruitful activities.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee is under FERS, CSRS or CSRS Offset, is a means of moving on with life.

Study history for a few moments, and one can see the barbarism of the past; study it for a considerable pastime, and one can comprehend the loss of hope for the present; study it for a lifetime, and one may see the faint glimmer of light for one’s future.  For, as life is not merely a game, but more of an endeavor beyond mere survival, so recognizing that cutting one’s losses before the game’s end is often the smartest move, and that includes preparing, formulating and filing for Federal Disability Retirement benefits through OPM, when the time is ripe and necessary, as in the “now” of forever tomorrow.

Sincerely,

Robert R. McGill, Esquire

 

OPM Federal Employee Disability Retirement: The Horizon of the “Other”

The horizon is that demarcation between earth and the heavens; in days of yore, it was the navigational calculus extracted from the curvature of the visible sea in determining distance, time, and the impending cliff over which the ship’s captain would fathom monsters of devouring delights.  It is where appearance emerges.

What is shown; what becomes visible to the naked eye; that which is unconcealed and revealed; what the “other” allows for, and manifests, is the horizon of personhood.  For some, the superficiality of one’s persona becomes evident quickly and early; others, boredom sets in after a few encounters; for a rare few, the horizon fails to unfold despite a lifetime of inquisitive hunting.

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 question often entangles the time to judge the other’s horizon, when to emerge from the curvature of anonymity; and the timing of dissemination of information to the agency or the U.S.Postal Service.

In Naval warfare of days gone, it was the ability to view through the powerful monocular from the vantage point of the crow’s nest, which gave the strategic advantage when first sight of the enemy’s position and direction appeared at the horizon.

The revelation of one’s medical condition is likely to already have been a subject of whispered discussions at the workplace; but actually declaring to the Federal agency, its managers and supervisors, of the intent to file for Federal Disability Retirement benefits, is nevertheless somewhat of a “cat-and-mouse” play, where the bifurcating moment of significance is somehow delineated in that very admission of submission.

Preparing and formulating an effective Federal Disability Retirement application under FERS, CSRS or CSRS Offset takes time and care; the filing of it, a timing to take care.  Whether and when to inform the Federal agency or the U.S. Postal Service; obviously the filing itself will inform them; but as to whether to declare to the horizon of the other before appearing at that dividing line where earth and the heavens meet, is something which should be done with sage advice and a view towards legal implications.

Sincerely,

Robert R. McGill, Esquire