Tag Archives: federal disability csa number assigned

Federal Disability Retirement under FERS: Spectator Sports

Psychologists and commentators in general have had a field day (yes, the bad pun is intentional — but who can avoid it?) with analyzing and providing “expert” opinions on the matter, which essentially plays with (yes, yes, another bad pun) the following question: Why are people so enamored by watching others play a game?  What is it about the concept of spectator sports that draws such a crow?  What is it about being part of a “team” that results in people acting in such bizarre ways?

It is, of course, an easy transition to other areas of one’s life — from spectator sports to the political rally; of parades and cheering crows; of legions of a cheering populace gathered to welcome the Roman troops returning from battle; of D-Day and V-J Day; of the stadiums filled for the World Cup in Soccer to the excesses of the Super Bowl; of March Madness and the tradition of Friday Football (High Schools), Saturday Football (Colleges) and Sunday Pro football games; and what the Covid-19 Pandemic reflected when everyone was shut in, but with curtailed capacity to view such spectator sports.

What does it reveal about us?  Had the Romans, with their vast coliseums, already figured out the human psychology — of the need for spectator sports — in order to satisfy the blood-thirsty need of a restless populace?

For Federal employees and U.S. Postal workers who are needing to filing for Federal Disability Retirement benefits under FERS, hiring a disability attorney who specializes in Federal Medical Retirement Law is often approached as one does a spectator sport: Who has the highest winning percentage?  What Law Firm will treat me as a “team member”?  And, the flip side is also true, concerning the perspective of the Agency: “How will my ‘team’ (the Agency) treat me?” “How will my team react?

Whether fortunate or unfortunate, the psychology of spectator sports is how everyone views things, but for the Federal or Postal employee who is ready to contact a FERS Disability Lawyer to initiate the process of OPM Disability Retirement, understand that trying to get an Federal Disability Retirement is ultimately not a spectator sport; for, it is the reality of a life endeavor, and your full participation will be needed on the “field” of the early retirement process.

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 from OPM: Random Occurrences

Kant’s view is that the structures of order are imposed upon the objective world by human thought processes; thus, ultimately, the argument is that there are no such things as random occurrences, for everything is random, and therefore nothing is such.  For, if everything is X, then it is the same as saying that nothing is X, just as, If everything which is X is also Y, how can you distinguish between the two?

It is similar to David Hume’s contention concerning causality.  There is nothing in the world that tells us that the next time you hit a cueball and aim it at the 8-ball in a game of pool, that it won’t hit the target but fail to move it.  The fact that you have seen it done a hundred times before is no guarantee that it will happen the next time; for, what you saw the hundredth time gave you no new information than the first time you saw it.

Volume of incidents in identical form is no basis to argue that causality exists, if only because no “necessary nexus” is discovered whether you have witnessed something once, or a thousand times.  Yet, we crave stability and consistency; it is these random occurrences which trouble us, like a bad hair day which ruins and depletes our sense of confidence in the world we occupy.

Medical conditions have that effect upon people — that they are random occurrences which hit some, but not others.  It is when that happens when we believe the world to be unfair, and that the gods of fate somehow look with disfavor upon us.

For Federal employees and U.S. Postal workers who suffer from a medical condition which prevents you from performing one or more of the essential elements of your Federal or Postal job, the search for greater consistency and stability in your life may be to prepare, formulate and file an effective FERS Disability Retirement claim, through the U.S. Office of Personnel Management.

For, while the objective world around you may appear to be merely a series of random occurrences, it is the affirmative act of a human being which can impost some semblance of Kantian order upon an otherwise chaotic world.  Such an affirmative act begins, for the Federal or Postal employee, but contacting a FERS Disability Attorney who specializes in Federal Medical Retirement Law under FERS, to be filed with the U.S. Office of Personnel Management.

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: The Adversarial System

Commentators often note the proportional imbalance reflected by the number of lawyers in this country.  Is it s good thing?

One can argue (yes, the irony cannot be avoided, that we begin with an “argument” when discussing the “adversarial” system), of course, that the number of lawyers merely reflects the origin of Western Society — for, isn’t the foundation of Western Civilization based upon Greek Philosophy?  Specifically, isn’t the foundation of intellectual endeavors founded upon the “Socratic Method”, which is the precursor of legal argumentation?

The Adversarial System, at its core, is a dialectical methodology of attempting to arrive at “Truth” — or so it is supposedly intended.  In a vacuum, that is the context of the system; in truth (yes, that age-old irony, again), because there is involved human emotions, underlying subterfuges of intent, the pure “competitive” desire to sin, and the sheer motivation of simply wanting to defeat the other side — in the end, what the adversarial system lacks, in most instances, is the exact counterpoint and self-contradiction of the necessary context in order to make it work: Civility.

The Adversarial System, without the outer clothing of civility, merely becomes reduced to linguistic battle.  But that is the system which we are left with when — over decades and even centuries — the natural course of every and any legal system becomes barren with the coarseness of its skeletal foundations.

For Federal employees and U.S. Postal Service workers who need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, under FERS, don’t get fooled by the admonition that this is merely an “administrative process”, and that OPM is merely an “umpire” to make sure that you have met the statutory criteria for eligibility for Federal Disability Retirement.

To be sure — even umpires don’t just call “balls and strikes”, but get into heated arguments with the players and, similarly, OPM is just as much a part of the adversarial system as in any other legal process.

Contact a FERS Medical Retirement Lawyer, that is, a legal expert who specializes in Federal Disability Retirement Law, and make sure that you have acquired the necessary arsenal to win the battle in this adversarial system of preparing, formulating and filing an effective application for FERS Disability Retirement benefits through the U.S. Office of Personnel Management.

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 Benefits: Word Games

Playing word games — like the New York Times Spelling Bee, or “Wordle” (a game which was just recently bought by the New York Times, and thus will likely require a fee in order to play) entails some reflection and methodology of thought.  Word games are meant for fun; they are often challenging, and prompt us to engage in an intellectual exercise devoid of reality.

There are, of course, other “word games” — ones which are played in the field of reality and the objective world.  It is how human beings engage with one another, and it is seen each day throughout the world in courtrooms and battles utilizing and applying the law.  Unlike word games where there are no real consequences in “real life”, the other kind of word games results in an impactful determination upon individual lives.

FERS Federal Disability Retirement Law is no different.  As every Federal Disability Retirement application is a paper presentation to the U.S. Office of Personnel Management, it must by necessity involve a certain level of word games — of presenting the applicable case-law; of formulating the proper language; of engaging in the give-and-take of legal argumentation, etc.

Wittgenstein called it a “language game”, but in the end, they amount to the same thing: Words, as parts of a language, engaged in a “game” which must be played.  And in doing so, it is a good idea to contact a FERS Attorney who is experienced in the word game of Federal Disability Retirement Law, lest the twisting tunnels of legal language lead you to the ends of the earth where a gaping hole of a denial from the U.S. Office of Personnel Management leaves you speechless in a word game of real-life consequences.

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.

 

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

 

Federal Disability Retirement: The Pathway of Choice

Pathways are peculiar entities; pre-Google Map times, they were a maze of forbidden routes, romanticized by a generation who were familiar with the television series, Route 66, and about hitchhiking, wrong turns, Robert Frost’s famous poem and Rand McNally road maps.

Now, of course, Google guides, directs, and (sometimes) allows for avoidance of unnecessary delays.  But is it the pathway of choice, and even more importantly, is the pathway chosen the best one for each one of us, the most advantageous for us, and the one which ultimately is in our best interests?  If the pathway that is chosen is simply so because all others are never known, or merely because that is the Robert-Frost-look-alike, when in fact it is delimited because of our lack of knowledge, is it really out of choice or of necessity?

Perhaps the career chosen is not turning out to be the realization of one’s dreams; or, as sometimes happens, an unfortunate set of circumstances has intervened — like a medical condition — and suddenly the pathway of choice that we thought would fulfill our hopes and dreams no longer seems possible; then what?

For Federal employees and U.S. Postal Service workers who suffer from a medical condition such that the medical condition no longer allows us to perform all of the essential elements of the Federal or Postal positional duties, the pathway of choice for the immediate future may seem constricted:  Stay put and suffer; walk away with nothing; or, prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

That is the tripartite fork in the immediate road on the way to one’s pathway of choice; but then, there are other “forks in the road” beyond, such as being able to work at another job after one has been approved for Federal Disability Retirement benefits, whether in the private sector or in a state, county or municipal employment scenario.

Don’t be restricted to the immediacy of one’s pathway of choice, for there are many forks beyond, and the pathway of choice as dictated by Google maps only tells you which turn to make in the next quarter mile, and not about what may be chosen in future lives yet unforeseen.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Factors to consider

The universe of thoughtful decision-making shrinks exponentially and in direct correlation with the pertinent and relevant information gathered, and it is too often the case that factors not considered are the very ones which lead to a non-decision or, more importantly, to a wrong conclusion.

What factors should be considered when a Federal or Postal employee is going to file for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset?

Certainly, age can be a factor — for, if OPM engages in a recalculation of a Federal Disability Retirement annuity at age 62, and you are fast approaching that age, the factor of “how long it takes” to get an OPM Disability Retirement approved (about a year, give or take a few months on either side of the equation); whether you get any backpay once it is approved (back to the last day your Agency or the Postal Service has paid you anything); and whether the time you are on Federal Disability Retirement counts towards your total number of years accrued until the recalculation age at 62 (it does) — should all be factors to consider.

Further, even if you are still relatively young, should those same factors be considered?  The short answer is an unequivocal “yes” — and probably many others, besides, including: Do I intend on working at another job in the private sector while on Federal Disability Retirement?  Do I have Service-Connected disabilities that can play a factor [sic] in the factors to be considered?

The universe of factors to consider in preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, are innumerable; and then, there are likely factors that you have not even considered, but which may be prompted by consulting with an attorney who has already considered multiple factors besides, and who may be able to guide you in this complex process called “OPM Disability Retirement”.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: Tone and tenor

In music as well as in grammar, the first word remains somewhat constant, in that it refers to the sound itself – how it sounds, the decibel level, the texture and coherence, etc.  Between the two, it is the tenor that alters, for in music, it refers to the male voice intermediate between the bass and the alto, while in grammar it is the content and substance of that which is said.

Thus, in either manner of usage, whether in music or in grammar, the combination of both is a bifurcated distinctiveness that goes to the duality of the following:  How it is being played or said, as opposed to what is being emitted or posited.  Both in verbal communication, as well as in written delineation and presentation, each are important.  In the former, one can often modulate the first upon the second, and even adapt the second in order to “soften” the first.

Thus, a person might say, “Go take a hike” in an angry, unforgiving manner, and the words spoken are consistent with the tone granted.  Or, one can say it in a joking, soft-spoken manner, and suddenly the tenor of the words take on an entirely new meaning – for, no longer do you actually mean the words themselves, as in “Please go away, I don’t like you and I don’t want to see you”; rather, stated in the second manner, it can simply be a cute retort, a friendly quip or a joking gesture.

In writing, however, one must be quite careful – for the tone of a sentence is encapsulated within the tenor of the written statement; the two, being entangled by the written mode of communicating, can easily be misinterpreted unless carefully crafted.  That is why texting, emailing and other written modes of delivery can be dangerous vehicles easily misunderstood and taken with offensive intent that otherwise was meant in a different manner.

The “tone” of a written sentence, paragraph or page must be intimately woven with the context of the “tenor” presented; and how the reader or recipient reads it, what internal “tone” is ascribed, can be misguiding.

For the Federal employee or U.S. Postal worker who must prepare 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 tone and tenor of a Federal Disability Retirement packet is important to consider.

Will a somewhat “third-person, objective” persona be assumed?  Will the SF 3112A, the Applicant’s Statement of Disability, be presented in a cold, clinical manner, where the tone is set “as if” someone else is describing the personal issues of the medical conditions, as well as their effect upon the Federal or Postal employee’s capacity and ability to perform the essential elements of the Federal or Postal position, or will it be more likened to a weeping bundle of hysterical cries begging for approval, or even closer to an angry shout that deafens the ears of the U.S. Office of Personnel Management’s assigned “specialist”?

Tone and tenor need to be decided upon early on in preparing, formulating and filing an effective Federal Disability Retirement application, and it may well be that consulting with an attorney who specializes in preparing such applications will ensure the proper modulation in both the tone and tenor of an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire