FERS Disability Retirement from OPM: Knowing the Law

If ignorance of the law were a valid excuse, we could all get away with murder.  Not knowing what the law is; claiming to have been without knowledge of the law at the time of the occurrence; failing to address the law when involving one’s self in an administrative procedure — these are never valid excuses in being held to account for such lack of knowledge.

There are, of course, certain “natural laws” which cannot be avoided, such as taking another’s property without consent or harming someone, such that the only time “knowledge of the law” can be used as a defense is if the perpetrator claims lack of mental capacity — i.e., the classic insanity defense.

In all other areas, “knowing the law” is an important first step before initiating any process, and that is why Federal Disability Retirement Law is important to “know” before beginning the process of applying for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, under FERS.

It is, first and foremost, astounding that anyone would begin filling out the Standard Forms for applying for Federal Disability Retirement benefits before first understanding the laws governing Federal Disability Retirement benefits.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law and begin the process of preparing, formulating and filing for Federal Disability Retirement benefits — by first “knowing the law”.

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.

 

Federal Worker Disability Retirement: Considering The Future

When considering the future, we look at the present and rely upon the past.  It takes an imaginative mind to see the future beyond our present circumstances.

That is often why a Federal or Postal employee who needs to file for OPM Disability Retirement benefits under FERS looks bleakly at the future: Suffering from a medical condition; Knowing that, presently, you cannot do your job; Assessing that your income will be reduced; Realizing that you are not the same person you were before the medical condition — these factors will be looked at in a negative way.

Yet, the future with a FERS Disability Retirement annuity allows for so much: Of focusing upon getting back your health; of being allowed to work in another job and making up to 80% of what your former Federal or Postal position currently pays; and while you may not be the same person as before, you have the opportunity to become a better you, adjusting to the health challenges before you, but without the stresses of trying to be as before.

Consult with an OPM Disability Attorney who specializes in OPM Disability Retirement Law, and consider seriously the future, bright and promising.

Sincerely,

Robert R. McGill, Esquire

 

Federal OPM Disability Retirement Claims: Advice

The great thing about it is that most people are willing to give it out in endless streams of inarticulate bosh for free, and the rest of us are at liberty to do with it what we want.  With the advent of the Internet, and more so with the consolidation of all things electronic into a single, hand-held device — the so-called “Smartphone” — in conjunction with search engines that leave memory banks and history’s previous requirement of recall and a sound education irrelevant, “advice” has become plentiful, whereas “sound advice” has left us wanting.

Wives are more than willing to give an endless abundance of it; coworkers, perhaps less so, although you always have to watch out for those aggressive, competitive ones who want to advance at the expense of your failure wrought by following error-filled ones deliberately given for subversive motivations; and children upon reaching the age of adulthood (and sometimes long before puberty makes them into ogres refusing to accept any semblance or whiff if given by the origin of parentage alone) need not accept it and for about a decade refuse to consider any advice given by the father or mother, until one day they begin to see that, Well, Dad and Mom weren’t so dumb after all.

Advice, in the end, is something we all need but few of us listen to, let alone follow or even take into consideration.  Yet, there are times and circumstances in life when it becomes necessary and almost mandatory; for, to follow a pathway outside of the norm (as Robert Frost so poetically articulates) may be well and good for adventure’s sake and youthful moments of wayward romanticism, it is not perhaps the best route to take when engaging a technical area of an endeavor.

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, advice on the law, the procedure, the formulation and the statutory mandates should be sought and followed, particularized and tailored to the individual and unique narrative of the Federal employee seeking FERS Disability Retirement benefits.

Advice from an experienced lawyer who specializes in Federal Disability Retirement Law should be a given; whether taken, will depend upon the soundness of both the counselor and the one who seeks it.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Civil Service: Envy without hope

Can a footman in former times, or a scullery maid while scrubbing the floors, experience envy when class structures forbade any hope of advancing beyond?  In days before of rigid demarcations of social and class differentiations, where terms in modernity like “upward mobility” or “moving up the ladder” (have you ever wondered at the condescending connotation of such terms, where “up” is the direction of the movement, as if one were ascending to the heavens, even when such barometric activity often corresponded to moral degradation and sacrifice of one’s character?) were unheard of, was there an inner intimation of envy between watchful eyes by servants who observed the plenitude of decadence and obscene abundance of wasteful riches?

We can, of course, comprehend such sensations of jealousy and comparative desires in our times, for there is no inherent cultural device firmly implanted within the normative constraints, anymore.  As stories abound of the proverbial “rags-to-riches” narratives; and whether by intensive efforts of self-will and do-good stories, or of Wall Street wolves clawing and cheating, or even of the occasional lottery winner who accidentally wandered into a corner mart and took a chance with a last dollar, the conceptual animation within the realm of possibilities exists as to changing one’s circumstances, and with that comes the concomitant feeling or awareness of comparative lack.

But can such a sensation exist in a universe, both in the material realm as well as in the cognitive recesses of one’s imagination and creative thought processes, if one has not a concurrent concept of the possibility, or even the minimal probability, of hoping for an expectation of change?  If there is such hope, how then can there be envy, unless nature allows for an emotion of pure futility where hopelessness can incentivize a pathway towards an unfulfilled nothingness?

Nature is purposive; the teleological sense within us requires that instinctive sensations inherently existent follow the rule of Ockham’s razor, and refuse to allow for futility’s baseless conduct of entrance to nothingness.  Now, one might argue, as Rousseau did, that evils created by society’s influence beyond man’s natural innocence while in the state of nature, engendered by malevolent devices surfacing as appendages upon convoluted addendums not otherwise found except in complex civilized settings, go counter to such arguments; and, certainly, just as H.G. Wells and all dystopian writers since, and others such as Jules Verne possessed imaginations beyond the societal constraints imposed upon the creative mind, and so one might still be able to project such negative feelings without hope or expectations.

Again, however, it would be one based upon a deep chasm of futile exchanges.  That is the question and concern that the Federal employee or U.S. Postal worker must contend with, when a medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal position.  Can the Federal employee or U.S. Postal worker project into the future, a life without the chosen career to keep one occupied, and still remain happy?

Envy is the killjoy of distracted minds, and hope is the antecedent nectar that allows for poverty and discontent to continue.  For the Federal employee or U.S. Postal worker, however, it may not be a question of envy without hope; rather, it is often just a pragmatic choice compelled by circumstances of chronic and debilitating medical conditions, and the hope resides in the promise that a Federal Disability Retirement application, filed with the U.S. Office of Personnel Management, will be approved and allow for the Federal or Postal employee to focus upon the priority of a future not without hope – that of regaining one’s health, stamina and capacity to regain one’s equilibrium.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: How we treat one another

Separation, distance, objectification and electronic means of communication; the loss of human emotions in the very living of life, where the organic has become equivalent to the android, where the original concept encompassed an admixture of synthetic humanity and the combining of components both human and mechanized – and so the artificial construct that we feared in those novels of sci-fi nightmares has, in fact, been realized.

Orwell’s major work, 1984 is, by comparison, both prescient and outdated.  The underlying concept of a totalitarian state is still relevant, but the technological means by which we have achieved such a state of affairs, and the naïve assumption that we would somehow be informed enough to recognize when we are being “had” by such powerful forces of domination, leaves one breathless with puzzlement.

Existentialism, especially of the French version (i.e., Sartre and Camus, as the two paradigmatic participles – borrowing from the grammatical meaning and translating it into the positional element of influence) argues at the inception from its philosophical origination that language games geared towards objectification and distancing from the humanity of worth, value and normative constraints as defined by the traditions evolving from social contracts, is intended to allow for the justification of the depraved to engage in violent acts of crimes against humanity.

Language allows for cruelty.  How we describe, in what form and manner the grammatical application separates, distances and isolates groups into demeaning and debasing linguistic caricatures that alters the essence of who we are, allows for how we treat one another to result in the horrors of 20th Century camps of torture, totalitarianism and total war.  We can couch language and hide behind it to do as we want.  Power left in the hands of evil, with the meaninglessness of language disseminated among a gullible population left without dictionaries and relying upon the technological information controlled by an elite few, will only progressively decay and deteriorate the foundations of liberty and freedom.

For Federal employees and U.S. Postal workers who already experience the consequences of having to submit to linguistic elasticity, meaningless phrases of power and totalitarianism are already in a difficult position when a medical condition begins to impact and prevent the Federal or Postal employee from continuing in the career one has chosen.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often a test of sorts that reveals how we treat one another, and it is always better to know at the outset who one’s friends and caring associates are, than to remain in ignorance while the knives are sharpened for the time you turn your back and expect some protections to have watchful eyes while the weakness of debilitating medical conditions continues to progressively deteriorate.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Substantive vacuity

Another oxymoron, of sorts.  There are many of them in life, and the longer we live, the greater recognition we purport to identify.  People often say things and don’t mean it; or, such declarative niceties are meaninglessly bandied about because there is never any intention of follow-up or fulfilling of statements made.  We all know of people like that – commitments made with words, but no actions to follow; promises allegedly posited, with failed remembrances later on; or, misunderstandings on your part, and never theirs.

When did words become so meaningless?  Was it when the national debt soared beyond the proportional number of lawyers graduated from unknown law schools and the pendulum began to swing towards that abyss of linguistic elasticity upon the President’s quibbling with the meaning of a verb in a scandal and cover-up leading to impeachment?

Or, did the pinnacle of time when substance was king become a bottomless pit of mindless vacuity when Smartphones were introduced into the fray of conversation-stoppers, where once we had to rack our neurological cells to remember whether it was Hank Aaron or Barry Bonds who beat out Babe Ruth’s home run lead, and in what year, and whether being on steroids made it count or not – now, replaced by Google or some app that only two generations hence can figure out how to download and use?

Once upon a time, substance meant the essence of a person – whether by moral fortitude, steadfastness in faith or belief, or by quiet feats accomplished but never spoken about in polite company; and vacuity was relegated to braggarts and unfaithful husbands, when emptiness of societal discourse combined to free a man to declare that the Beatles were greater than Beethoven, and somehow it was imaginable that the words of Dylan could win a Nobel Prize, despite such accolades being the frenzied rebuttal of a generation who could fathom a purist’s discontent.

Uneducated boors possessed substantive vacuity; and so does the Federal Agency and the U.S. Postal Service that fails to try and accommodate the Federal or Postal worker who suffers from a medical condition, such that the medical condition results in the necessity to file for Federal Disability Retirement benefits.

This is, indeed, a strange, strange world, and when a Federal employee or U.S. Postal worker comes to a point of needing to prepare, formulate and file for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the concept of substantive vacuity comes to the fore because, after all, we are dealing with a bureaucratic nightmare in the form of the U.S. Office of Personnel Management – a behemoth among juggernauts, wrapped in the conundrum of a puzzled but substantive vacuity.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: False Promises

Is it an oxymoron?  If it is made, how can it be negated by untruth; for, if it is a nothingness at the outset which compels null and void the substantive content of the thing itself, how can it purport to be what it is while at the same time creating an abyss of meaninglessness?  A promise cannot be false if it is to have the very meaning of a promise; and yet, we know that there exists such falsity of posited assurances, if not proposed by dishonest individuals and con-men, then at least by unintentional or otherwise mistaken pillars of vain malfeasance.

False promises are not promises at all; they are likened to nonsensical statements, which are similarly non-statements precisely because of the meaningless nature of the declarations.  Just as Bertrand Russell’s playful cunning in the statement, “The present King of France is bald” – that is both nonsensical and allegedly violates the laws of logic (specifically the Law of the Excluded Middle) – so, false promises cannot exist as either falsehoods or as promises precisely because they negate each other in their very existence side by side.

But in the world of pragmatic affairs, we know that they are made each and every day.  We are promised daily, and falsely, by individuals, entities, agencies and organizations, whether with or without a handshake, sometimes in writing, other moments by verbal implication, and even every now and again sprinkled with a smile, a nod, a wink and a prayer.  Promises made have an expectation of being kept; and broken promises, like false ones, cut deep into the wounds of betrayal, and haunt us with a profound sense of anger and reeking with the vengeful fury of a violation well beyond mere resentment.  There are few things in life that compensate for false promises.

For Federal employees and U.S. Postal workers, Federal Disability Retirement is just one of the few compensatory alternatives to the expectation of a false promise made, implied or otherwise denoted.  Perhaps it was the long hours of dedicated and uncompensated time devoted; or the expectation that loyalty would be a bilateral avenue, as opposed to a unilateral desecration of implied trust.

In any event, one would have thought that “accommodations” would be made upon the interruption of a medical condition, when the medical conditions resulted in one’s inability to perform the essential elements of one’s Federal position or Postal job.  But, alas, such accommodations cannot be made; the dedication of those many years, and sometimes decades, cannot be recalled but for yesterday’s contribution; and the promises seemingly made cannot be false when, all of a sudden, a question is fired back:  Is it in writing anywhere?  What or who ever gave you that idea?

For the Federal employee or U.S. Postal worker, filing for Federal Disability Retirement benefits is often not just the best alternative, but the most prudent option remaining and still available – in rebuttal to false promises made, and truth declarations long forgotten and left behind in the corridors of remembrances no longer written in stone, but disappeared into the office shredder worth the value of the paper it was never written upon.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Answering Questions

How do we come to learn how to do it?  Certainly, we come across certain eccentric individuals who defy every conventional norm, and somehow manage to appear as if they have done what otherwise we recognize as not having been completed.

Have you ever come across someone who just isn’t “quite right” – such that, when you ask a question, the tangents that flood forth and the meandering thought processes make it an arbitrary conclusion as to whether it was the specific question asked that prompted the incommensurate response, or just the mere fact of a tonal posit of a question-like query that compelled a verbal reaction, even if it has nothing to do with the substance of the question itself?

How do children learn how to answer questions?  Is it natural; is there a systematized process of acceptability; is it taught in any course with a heading like, “Elementary Basics 101: How to answer a question”; and do we presume that acceptable and normative constraints are just learned effortlessly?  Certainly, the classical educational approach of dialectical methodologies – of a question posited; raised hands, chosen orders and an answer provided; then the reinforced positive feedback by the teacher in either affirming or rejecting the response – is an approach that somewhat answers the mystery.

But what of that “weird” kid?  The one where the teacher asks:  “Is the earth round or flat?”  The kid answers:  “That is an oversimplification, as the geometrical constructs require a perspective that betrays ignorance of quantum physics, where flatness is a relative concept to roundness, and vice versa.”  Now, one may smile and wonder whether, perhaps such a child prodigy reveals an intelligence quotient beyond his age or class assignment, but all the rest of the kids would just roll their eyes about as the class bullies await for recess hour in order to beat that kid to a pulp.

But was the question answered, and to that end, satisfactorily?  Or, what if another kid, perhaps half-daydreaming, suddenly blurts, “It’s blue!  It’s blue!”  Did that kid answer it any less adequately than the first?  How do we learn to answer questions?

What if the questions are essentially legalese and incomprehensible, or of a “tricky” nature and makes one pause before moving forward?  Do questions posed, for instance, by law enforcement officials evoke greater caution (as in, “To the best of my recollection…”), and if so, why?  Is it because the stakes may be higher and the suspicion of the double entendre is always there?  Which brings us to the problem of Federal Disability Retirement applications, and specifically SF 3112A – Applicant’s Statement of Disability.

The questions posed on the Standard Form 3112A seem simple enough; but simplicity does not necessarily mean straightforward, and indeed, when a Federal or Postal employee is completing SF 3112A, it is best to go back to fundamentals and ask yourself, How did I learn to answer questions, and are these questions the type that may need additional help, because – though they may seem simple enough and not quite in legalese – there is some trickiness in the very simplicity of the query.

And it is the rule to remember, that the simplest questions require the greatest pause, where suspicion will warrant a more extensive pondering of reflective repose.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Leaving things to pure chance

We rarely do that.  Yes, we sometimes allow for a partiality of such circumstances to remain, knowing that it may or may not happen; but the conceptual distinction between “pure” and left otherwise is a gap likened between omniscience and imperfect knowledge, or the ability to observe brilliance in action while the rest of us scrounge about for some semblance of competence.

Then, of course, there is a wide chasm in the spectrum of what it means to leave things to chance, in contradistinction to “pure” chance.  The difference is often seen as tantamount to the extreme arbitrariness of lack of human involvement – where, somehow and miraculously, engagement by a person necessarily results in an enhancement of success – or none at all.  Yet, the concept of “chance” itself can involve some restrictive involvement of a person, but nevertheless still have the consequence of purity of arbitrariness.

Whether it is the natural arrogance of human beings that cannot abide by a comprehension of the universe that human activity may not necessarily enhance any greater level of perfected creativity, or the unfounded assumption that nature – left to its own devices – constitutes a haphazard abyss of chaotic malfunctioning that can only be “corrected” by the consciousness of human activity (which further presumes an equivalence of man as the Deus ex machina, a role reversal of utter egocentrism as to betray any semblance of self-knowledge) – perhaps we shall never understand.

For Federal employees and U.S. Postal workers contemplating preparing, formulating and filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, whether under FERS, CSRS of CSRS Offset, the important thing to remember is that each Federal or Postal employee must make a reasoned decision in placing one’s self on the spectrum of leaving things to pure chance, or chance, or enhanced human activity that results in something less than the consequences of a Deus ex machina, but somewhat more than the chaotic arbitrariness of Nature’s folly (isn’t that essentially the theological argument of intelligent design, or at least a teleological perspective of purpose and meaning?).

Preparing an effective Federal Disability Retirement application requires a methodological understanding extrapolated from the madness of bureaucracy that requires certain elements be proven beyond a preponderance of the evidence, and clearly, some understanding of the applicable laws governing Federal Disability Retirement Law will help to enhance the chances of success.

In the end, consulting with an attorney who specializes in preparing Federal Disability Retirement applications is arguably the best approach in not leaving things to pure chance – although, even an attorney who specializes in Federal Disability Retirement Law should not be looked upon as that Deus ex machina that saves the day on an otherwise chaotic stage of human folly.

Sincerely,

Robert R. McGill, Esquire