FERS Disability Retirement: This Post-Factual World

If facts don’t matter, then how is it that every side of every issue declares it to be the case that the “facts favor my side”?  The moment we allowed for the validity of the argument — that there are “alternative sets of facts” — the entire structure of rational discourse crumbled.

However you want to call the foundational basis of the Western Philosophical traditions — of the Socratic Method; Rational Discourse; The Adversarial System: The Dialectical Method of Argumentation, etc. — it was always based upon a number of propositional assumptions, including:  A.  There is ultimately only one “Truth” with a capital T;  B. that, even if there might be some subsets of smaller “truths”, they all become subservient to the greater recognition of “The Truth”, and  C. Once all contestants recognize this, no matter how arrogantly we want to resist, we must concede the existence of the greater Truth over the lesser ones.

Schopenhauer was reported to have stated that there are no real lies, but rather, only “crippled truths”, but one wonders.  Russell, of course, countered with his mischievous statement, and with one stroke dismantled the age-old Correspondence theory of Truth with that nonsensical proposition:  “The present King of France is bald”.  As there is no kind of France, he cannot be bald, and yet we all understand the rationality of such a statement, don’t we?

Yet, never let this Post-Factual World fool you into believing that in all areas of life, in every arena of discourse, in fullness of words — that facts simply “don’t matter”.

For example, for Federal employees and U.S. Postal workers who suffer from a chronic medical condition such that the medical condition impacts the Federal or Postal employee’s daily attempt to make a living — i.e., continue to work in his or her career of choice with the Federal or Postal system — don’t ever think that “facts don’t matter”, because they matter very, very much.

Contact a lawyer who specializes in preparing, formulating and filing an effective Federal Disability Retirement application to the U.S. Office of Personnel Management under FERS, and don’t let this Post-Factual World deter you from the importance of arguing your unique set of facts to OPM.

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 Medical Retirement: Those Dog Days of Summer

Extremes desire the opposite extremes; and so these winter days of short sunlight, cold and unending spells where the chill cannot be gotten rid of no matter how high you turn up the thermostat — they wish for the other extreme, those dog days of summer.

July to August is the traditional period referred to as the Dog Days of Summer, of a starry constellation where hot temperatures force dogs and other animals to simply lay down and remain motionless in order to keep cool.  It forces the other extremes: Motion versus immobility; abundance verses lack; health versus?

Life is too often a contrast in extremes; one day, you are healthy and active; the next, debilitated and unable to move.  Or, is that just the fear?

The reality is more often a slow and progressive deterioration; the extreme is that, despite our failing health, we continue to push on in order to extend our careers.  The “extreme” is often our response to our circumstances, which then further exacerbates the problem.  Yes, we now may wish for the dog days of summer, but what would be best is the interlude of a Spring moderation.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows for continuation in one’s job or career, don’t wait for the next extreme — those Dog Days of Summer — but, rather, contact a FERS lawyer who specializes in Federal Disability Retirement benefits and see whether the Spring of a next phase might not be the better season of action and satisfaction.

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 for U.S. Government Employees: Now, What?

The question or declarative can be stated in two ways — As a query for the next steps, or as an expression of exasperation directed towards a frustration of multiple things gone wrong.  Or of a third: A combination of both frustration and an effort to understand what the next steps are.

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 declarative query, “Now, what?” is often heard throughout the process of suffering from the medical condition itself, as well as during the process of preparing, formulating and filing an effective Federal Disability Retirement application under FERS.

The medical condition itself can lead to further complications, and thus the expression as stated; the Agency’s response of callous disregard can be the basis for the exasperation stated; the complexity of the administrative process of filing for Federal Disability Retirement benefits can also be the origin and cause of frustration.  To minimize the trauma of the entire process, consult with an OPM Disability Attorney who specializes in Federal Employee Disability Retirement Law so that the next time you need to express the sentiment, “Now, what?” — you can do so by picking up the telephone and calling your attorney.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Presumptuous Act

What would we say about a person who, having bought a lottery ticket, goes out and spends lavishly, quits his job and becomes indebted far beyond his means — all prior to the day when the “winning numbers” are declared?  We would consider that he or she is: Crazy; irresponsible; or, perhaps, has some “insider knowledge” that we are not privy to.

Most acts lack a presumptuous intent; many, merely of thoughtless motivations; and rarely but some, of such egregiously bold-faced assault upon common decency that we disbelieve and attempt to substitute some rationally-based justification to explain away the presumptuousness of such an act.  Would our opinion of such a person — the one who buys a lottery ticket, then quits his or her job and proceeds to spend lavishly while abandoning all “reasonable” displays of conventional wisdom — change if additional facts were to be posited?

How about: The doctor has given him 30 days to live, and when we ask the person about the lottery ticket, the response is: “Oh, I don’t expect to win; it is just a metaphor for my life’s prognosis”.  Would such a response change our opinion; for, no longer is the person “crazy”; perhaps somewhat “irresponsible” in that the debts left behind will still have to be paid by someone; but yes, we would likely lean towards the third option in our thought processes: that the “insider knowledge” was the very private knowledge held close to his or her heart: Mortality suddenly betrays careful living, and abandonment of conventional lifestyles is a natural consequence of having nothing left to lose.

For Federal employees and U.S. Postal workers who suffer a similar (but perhaps not quite as devastating a scenario) situation like that of the hypothetical individual noted above, the “presumptuous act” that others may deem so may not be so outlandish as one may first assume.

Filing a Federal Disability Retirement application for the Federal or Postal employee under FERS, CSRS or CSRS Offset is not quite like the example above, but often, some see it as such; for, to “give up” a well-paying job, a reliable career or a secure position in the Federal System is certainly a drastic situation; and the alternative may not allow for much of a choice: To remain and suffer, and continue to deteriorate until one’s body or emotional state has been so damaged as to suffer through life for the rest of one’s allotted time on earth; to ignore that is indeed the height of presumptuousness — of taking things for granted.

Health should be a priority, and preparing, formulating and filing a Federal Disability Retirement application through the U.S. Office of Personnel Management is not a presumptuous act; rather, its opposite is what presumes too much — that your health will continue to withstand the deteriorating condition that you have all along experienced for these many years.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The title itself

Sometimes, it is good to go “back to the basics”.  Throughout these blogs for these past and many years, the attempt has been to relate common everyday experiences and life’s challenges to the Federal employee and U.S. Postal worker struggling daily to maintain one’s career and to extend a career in the face of a medical condition.  Yet, the primary focus has always been to try and remain informative; to give some sense of the process of filing a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Sometimes, however, the title itself is sufficient, and one does not need the additional analogy, metaphor or “connectedness” to try and understand the process, and instead, all that is required is the title itself.

OPM Disability Retirement is a “medical” retirement.  It is based upon a medical condition that prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job.  Yes, it can be a very, very complicating process, especially because there are potential pitfalls throughout the multiple administrative steps.  At each step of the procedural paths, there may be legal consequences that may not be correctible once the Federal Disability Retirement application has been submitted and a case number has been assigned at Boyers, Pennsylvania – i.e., a “CSA number” that begins with the number “8” and ends with a seemingly irrelevant “0” appended as the last of series of numbers.

Aside from the inherently complex questions posed on SF 3112A, Applicant’s Statement of Disability, the initial question that one must face and answer is (A) Whether, as a practical matter, Federal Disability Retirement is worth it, and (B) Whether there is a good chance to become eligible for it.

As to the first question, the factors that must be considered are: One’s age (for, at age 62, all disability annuities are recalculated based upon the total number of years of Federal Service, including the time that one is on Federal Disability Retirement, and as it now takes at least a year to get approved by the U.S. Office of Personnel Management, the question needs to be asked as to how old one is, how close one is to reaching regular retirement, and whether one can last until such age of retirement and the accrual of enough service computation years of Federal employment, etc.), how many years of Federal Service, and whether the Federal agency or the Postal Service is threatening to proceed with termination or separation.  And as to the second question, issues concerning the type of medical condition, the severity, the impact upon the Federal or Postal positional duties, the extent of support, how much reliance of such support is based upon a VA disability rating, and multiple other factors.

The “title itself” is often quite simple; it is the subtexts, the parenthetical unknowns and the hidden potholes along the road to filing a Federal Disability Retirement application (here we go again with the analogies and the metaphors) that makes for a complex and complicated journey.  But, then again, hasn’t that always been the case throughout life – facing the title itself that seems simple enough, but finding out that it is a bit more difficult than first thought?

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement: The Corner Thought

Corners are creations of geometric amplitudes; we point and direct that some person, object or place is “just around the corner”, deferred from a reference point of equilibrium.  Furniture pieces fail to fit in them, unless they are specifically designed for that purpose; people congregate towards them, especially those at parties who desire a semblance of anonymity or quiet discretion; and we used to send bratty kids to sit and stare at the geometric arrowhead of oblivion, hoping that the boredom of such a consecrated space would straighten out their demented characters.

Thoughts, likewise, remain sweetly anonymous, unless of course one blurts out what previously existed in the quietude of consciousness, and even then, we remark that such declarations emitted from the hollow of one’s mouth were mere “thoughtlessness”, thus negating that very expression which just a short while ago remained unknown and unknowable, but in a flash of an instant, articulated in the shattered world of calm and noiseless space.

When space and conceptual expression combine to coalesce, we refer to it as “the corner thought”.  The corner thought is that conceptual construct which is relegated to a later time, pushed aside and reserved for a future date of uncertain pinpoints of time.  We often never get back to it.

Like the child scolded and told to “sit in the corner until you straighten up” (a self-contradiction, to be sure, when the geometric fold of the corner is the very place where one is expected to defy a character of misgivings), the corner thought is left like mold on a damp and forgotten shelf of books and backdoor alleys, where the trash is never picked up and the stench of leftovers become a natural compost of hidden regrets.  It is always that “corner thought” which one day must come back to haunt.

For the Federal employee or U.S. Postal worker who suffers silently in the angst of the Federal agency or the U.S. Postal Service, relegated to perennial “light duty” assignments, “modified” work duties, sudden and unexpected demands to appear for a “fitness for duty” examination, then never to be heard from again until some irritant of polluted thoughtlessness tramples in from the misery of unknown lives but to whom one must submit and be subservient because of a title imparted as “supervisor”, “manager” or just plain “boss”; that corner thought was always the one entitled, “Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management”.

When the medical condition first began to impact the Federal or Postal employee’s ability and capacity to perform the essential elements of one’s positional duties, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the thought of filing for Federal Disability Retirement benefits through OPM was at first nothing more than that “corner thought” which was pushed aside and asunder.  But as time went on, it became clear that the miscreant of unexpressed conceptual construct needed to be dusted off, brought back, and repositioned to take a more prominent placement in the covey of ideas to be considered.

Corners cannot, of themselves, instill character into wayward children; and thoughts cannot, left alone, compel purposive action without a corresponding will to act; and it is when the corner thought takes its proper role of relevant existence, that the directionless pointing to a reference “just around the corner” will one day become solidified into a concrete plan for some time hence, by preparing, formulating and filing an effective Federal Disability Retirement application, to combine the separateness of the corner with the delay of thought, in order to embrace that corner thought for a secure future.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Observing Dogs

They belie conformity of thought, though they are willing to obey and follow strict adherence to rules and commands; and while “experts” in clothing of meandering letters, capitalized after the patronymic lineage displayed proudly as designators of validity and knowledge, may conclude that they neither smile, nor exhibit greater intelligence than primates deemed closer to our ancestral genetic heritage, what constitutes a test of possessing such a quotient is often irrelevant to defining the species.

They can defy; they can doubt, and be suspicious; anticipate by mere thought or look; and know the scent of danger from miles afar, long before any human capacity to fathom such instinctive acuity.  We think we are the great observatories of behavior and time; but dogs can as well decipher with watchful eyes, and smell the aroma of turmoil and disease, oftentimes long before a diagnostic tool can determine the course of future treatment.

We can learn much from observing dogs; for, while we may marvel at the obedience displayed, we mistake such adherence to commands as mere acts of automatons, as opposed to the want to please and the love they possess.  And how much of one’s life is characterized by a need to please, even when it is refused and countermanded with cruelty and crass contempt?

For Federal employees and U.S. Postal workers who continue to remain in a Federal or Postal job, despite all indicators from their bodies, minds and spirits to leave for the sake of health, is it any different than the observations gleaned from dogs who obey despite the cruelty of a contemptible master?

It is like the famous quote from Hemingway, that in modern warfare, a man will “die like a dog for no good reason.”  Sometimes, obedience and adherence is nothing more complicated than a desire to please, and to “stay the course” because no other way is known or shown.

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, is no different than the curse of the cur; and while we may applaud our own superiority by making grand conclusions based upon observing dogs and other creatures, the wonder of it is what those observing dogs must consider of our own plight, as fellow mongrels in a universe replete with stupid cruelty.

Sincerely,

Robert R. McGill, Esquire 
Federal Disability Retirement Lawyer

   

FERS & CSRS Disability Retirement: Hoarding Hordes

As homophones, they are often words confused and confusing, both in usage as well as in application; but it is the perspective by which they are utilized which refines the proper insertion into a grammatically correct context.  Thus, the former pertains to volume of items in vast storage supplies, collected for purposes often beyond want or need; while the latter is attributable to the invasion of foreign forces in greater numbers, in overwhelming tides of armies by invasion.

History is replete with instances of both, and the present day migration and waves of immigrants world-wide is a testament to that.  Hoarding defines an affirmative intent, and the will to refuse to get rid of or let go, while the entrance of hordes of people or other entities may have nothing to do with control or affirmative actions.  Where one is the gatekeeper, it is often important to recognize the elements which one has any control over, as opposed to those which are beyond such capacity.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s Federal or Postal positional duties, it is important to not confuse homophones and to conceptually distinguish between similar entities, whether by sound, identity or some other means.

Hoarding hurts, tragedies, defeats and setbacks, is something which the Federal or Postal employee has some semblance of control over; the hordes of aggressive actions and behaviors initiated by one’s Federal agency or the U.S. Postal Service upon the Federal or Postal employee in order to harass, intimidate or force a resignation upon, is beyond the borders of control (although they may certainly contribute to the anxiety felt, the anger festering, and the deep depression settling).

Recognizing the homophones of life is an important tool in maintaining clarity of purpose and acuity of determined planning for the future, and at some point, it is necessary to realize that the hordes of comity are nowhere to be found, and preparing to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management may first require getting rid of the hoards of emotional baggage accumulated over the past years of insensitive encounters.

Sincerely,

Robert R. McGill, Esquire

 

Early Medical Retirement from Federal Employment: Setting up the Parameter of an Argument

What we argue depends upon identifying the criteria already established, which is why arguments will often become prolonged engagements of meandering shouting matches, thrown at cross purposes, never agreeing to disagree upon the elements which represent an actual conflict.

How many wars have been fought because of a simple failure in identifying the issues; how many costly divorces originating from misunderstanding and loss of communication, and who suffers but the collateral damage issued to non-combatants who must witness the devastation wrought more by ego than by elevated principles worth contesting?

The parameters themselves can be manipulated, such that we can “require” things unnecessary, and “mandate” prerequisites never called for.  That is how individuals can perform the proverbial act of “kicking the can” down the endless road, by talking about issues which rarely matter, but somehow confuse the mind without rational forethought.

For Federal employees and U.S. Postal workers who are contemplating 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, there are many ways to delay or cease the necessary starting points even before you begin, because of the many difficulties and roadblocks which must be faced — the least of which is certainly not the medical condition itself.

In the end, such mechanisms of procrastination can be understood in light of fear, angst and foreboding dread; the fear of the unknown, the angst of change, and the foreboding dread of losing one’s place in society, the work force, and the belonging to a community of Federal or Postal workers.  We can always dredge up a reason for not; it is in doing that our acts justify our unmatched words.

In the end, the parameters we set for ourselves are merely window dressings for delaying the inevitable, and so when next the excuse to not engage comes to mind, simply replace it with a more mundane reason, like when Meursault referred to the bright sun as the justification for his acts, as well as the prosecutor who denounced it because of his lack of empathy for his dead mother.

Sincerely,

Robert R. McGill, Esquire