OPM Disability Retirement: The Fabrication of Certainty

There are innumerable truths of certainty, mostly of fabrication and artificiality, and much of it meaningless and of inconsequential inanity.

For example, you can join a local chapter of the Flat-Earth Society, and so long as you contain your discussions about the flatness of the earth within the confines of the society’s reaches (however limited that may be), your conviction that the earth is flat can be maintained, reserved, and with vigorous belief, sustained.  You can even go out into the greater world and retain such a conviction, and believe it with certainty.

On the other hand, it would be unwise to entertain certain types of fabricated certainties — such as the belief that you are a super-human being who will incur no harm if you run in front of a bus traveling at 50 miles per hour — leaving aside even a lesser speed.  The test as against the objective world and the rules of force and biology simply will not cooperate or comply with such fabrication of certainty.

Human beings have an unlimited capacity to create and manufacture fabrications of certainty, even if they have absolutely no correspondence or connection to the outside world.  You can even believe, with absolute certainty, Russell’s statement that the “King of France is bald”, and as there is no King in France, and thus the individual without a referential-point in the universe cannot be bald (because a non-existent person cannot possess the characteristic of “baldness”) — and yet, because the “sense” and “meaning” of the statement can be comprehended, we can walk about the world with the fabrication of certainty without any consequences in the real world.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition compels and necessitates the proper and effective preparation, formulating and filing of an effective Federal Disability Retirement application under FERS to the U.S. Office of Personnel Management, the recognition that fabrications of certainties can defeat a Federal Disability Retirement application under FERS is important.

Always be clear on the certainty of “the law”; review the medical records and reports for any inaccuracies which may defeat your disability retirement application; and make sure that there is a correspondence between your Statement of Disability on SF 3112A and on the medical documents to be submitted.

For, in the end, the fabrication of certainty is fine only so long as the insularity of one’s world doesn’t extend beyond the tip of one’s growing nose.  And one more thing: For all Flat-Earth Society members, it is not recommended that you travel too far on a ship, lest you fall off of the edge of the earth.

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 Application: Appropriateness

Wives insist upon it; youth ignore it; the old display it without thought because that is the way they were brought up.

Often, people don’t even know that there is such a thing as “appropriateness”, thinking in this age of modernity that anything and everything is acceptable.  It used to be that foul language was appropriate only in bars and Sunday get-togethers for football games; nowadays, we think its cute when a toddler emits long dissertations of 4-letter words like a dog vomiting following a feast of eating leftover scraps from the garbage bin.

If you say to your spouse, “I put the scissors away,” the appropriate response to expect might be, “Thank you”, or even, “Where?”  But as spouses always confound, instead, the question might be, “When did you put it away?”  Now, the excitement of marriage is that one’s spouse should always keep you on your toes, and the inappropriateness of the question is only a reflection of that, so long as the context is misunderstood.  For, the question, “When did you put it away” is a puzzling one, and mystery is the foundation of excitement when it comes to a marriage.

However, if you query back with: “Why did you ask that, as opposed to the appropriate counter-question, ‘Where did you put it away?’”  And the answer back: “Because I looked for it an hour ago and it wasn’t there.”  Context is important in appropriateness.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that a Federal Disability Retirement application under FERS must be filed by necessity through the U.S. Office of Personnel Management, appropriateness is a factor which always must be considered — the appropriate tone to convey; the appropriate case-laws to cite; the appropriate arguments to make, etc.  For, the cousin of appropriateness is “effectiveness”, and that is the goal to focus upon, unlike the spouse who asks the mysterious question of “when” as opposed to “where”.

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.

 

Legal Representation for Federal Disability Claims: In a Mirrorless World

Would it be placed in a science fiction genre, or perhaps a horror story?  Or perhaps shot with a grainy-grey film in a pre-modern totalitarian regime?  Would it even be possible, today?

Perhaps in an isolated country like North Korea, such a mandate would be possible — of a mirrorless world where the “self” cannot be recognized.  Of course, there would still be the possibility of a reflection in a pool of water, or a glass door, a reflective surface, etc., which allows for one to view that “somebody” who is distinctively a different self from “others”.

When does a child — a toddler — begin to identify a distinctive entity unique and separate from others?  Does it occur only after a certain accumulation of experiences involving encounters with the objective world?  Does a person without a memory of past experiences ever identify one’s “self” from others?

In a mirrorless world, would we all be selfless automatons who work cooperatively as a singular unit?

For the Federal or Postal employee who sees him/herself in the mirror and finds a “self” different from the one who first entered the Federal workforce, is that image of the individual who now must change a career, consider filing for Federal Disability Retirement benefits, etc., any different now with a medical condition than that person who was once healthy?

That “self-image” and how we view ourselves is important: Filing for Federal Disability Retirement benefits under FERS with the U.S. Office of Personnel Management is not the end of that “self” who was once productive, vibrant, interesting and full of energy; rather, it is merely positive change for the future in a mirrorless world which fails to reflect a future still bright and promising.

Contact an OPM Lawyer who specializes in Federal Disability Retirement Law and forget about the mirrorless world which fails to take into consideration the reflective totality of who you are.

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: Daily Concerns

Most of us are so focused upon our daily concerns that we have no time for the intermediate and long-term issues which are also important in maintaining a balanced and productive life.

We are so busy with living life — of just getting through the day, whether it is to make a living, performing our duties, fulfilling our obligations, or attending to the needs which require our full energies just for the period of time before our eyes; that, by the time the day ends, we are so exhausted that we have no time for anything else.

Technology was supposed to be the saving grace — of allowing for greater efficiency, thereby resulting in leisure time and greater focus upon creative pursuits.  Email; Smart Phones; the ability to work remotely; all of these were promises to enhance and enrich the life of modern man.  It turns out, however, that such technology merely forced upon us a greater quantity of daily concerns in a more intense, abbreviated manner.

We now have more things to do, but with greater immediacy, such that the daily concerns have squeezed out time-blocks of quietude and down-times.  Then, when a crisis hits — like a medical condition resulting in an inability to continue in one’s career — it merely becomes one more daily concern which replaces time needed to consider intermediate or long-term goals.

Contact a Federal Lawyer who specializes in Federal or Postal Disability Retirement Law if you are a Federal or Postal employee under FERS needing to consider filing for Federal Disability Retirement benefits.  For, the daily concerns of attending to your medical conditions should never squeeze out the time needed to secure Federal Disability Retirement benefits under FERS.

Leave the law to the expert who specializes in Federal Disability Retirement Law, and leave the daily concerns of your medical conditions to the doctors who are treating you.

Sincerely,

Robert R. McGill
Federal Disability Attorney

 

Federal Employees Retirement System (FERS) Disability Benefits: Obstacles

There are many in life; whether of financial, physical, intellectual or emotional; whether we are born with certain God-given talents or lack them in excess of explicit ignorance; or whether we are born with that proverbial “silver spoon in our mouths” or not, the burden we carry is like John Bunyan’s heavy knapsack, of the sins we create and carry.

Some obstacles are objectively in existence and have no relationship to the ones we create; others, within ourselves and created by the ghosts of our past deeds.  To what extent are the obstacles which prevent us from advancing merely the emotional difficulties we bring about?

Certainly, this world is an “unfair” one — one in which who one is born to, where one is a citizen of, and to which “class” we belong to plays a large role in who we can become; and in the end, sheer will and determination to succeed may not be enough.  The 5’ 10” young man who is born with spindly legs and lack of coordination will likely never become a professional basketball player no matter how hard he tries; and the individual who lacks a foundation of talent in any given area certainly faces obstacles beyond the reach of dreams or hopes; but is that the definition of “fairness” or “unfairness”?

Early on, it is important to assess one’s circumstances, talents and opportunities, and tailor our goals accordingly.  Should you “shoot for the stars”, nevertheless?  Possibly — but still, with an objective assessment.

How about when you engage in a process like filing for Federal Disability Retirement benefits?  Should you make a similar assessment about the obstacles to be faced?  As in life generally, so should the same rules apply before entering the complex arena of Federal Disability Retirement Law.

As trying to obtain a Federal Disability Retirement annuity presents multiple obstacles, so should the Federal or Postal employee contemplating filing for the benefit of Federal Disability Retirement reach out to a FERS Disability Retirement Attorney who specializes in Federal Disability Retirement Law and consider the options, the difficulties — the obstacles — before pursuing such a benefit.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Representation: The Chosen Word

Words chosen bespeak of the artfulness of the one who chooses them, but the true artist remains anonymous and allows for the words themselves — the “artwork” of the word-meister — to make its quiet impact.  It is the vehicle of communication; it is the goal of the sentence, the “umph” of the connotation and the hyperbole of a paragraph’s ending.

In a universe inundated by words — some would argue that the essence of modernity is people merely spewing out words, because that is all we ever do, now, and can do, is to talk a lot without getting anything accomplished — and thus the importance of the chosen word, or more precisely, the carefully chosen word, becomes all the more significant.

In this post-modern era, the question is no longer about Truth or Falsity; rather, it is about sifting through the maze of overabundance, where the impact of words fail us precisely because we can no longer appreciate the subtlety of connotations, derivations, implications and innuendo.  As brashness blunts the art of derivative meaning, so overabundance of words dilutes the craftsmanship of a well-composed sentence.

It is like the orchestra with one too many violins; the extra becomes an overkill to the sensitive ear that cannot differentiate because the sounds of repetition dulls the distinctiveness of each.  Words await to be chosen, lost in the void and vacuum of unused dictionaries, and in this age of the Internet, forever relegated to the ethereal universe of the vanquished scenery of outcasts and extinguished, waiting to be rescued for an insertion into a sentence, a hyperbole within a parenthetical clause, or a hyphenated relevance amidst a sea of declarative thoughts.

For the Federal employee or Postal worker who must consider preparing an effective Federal Disability Retirement application, to be ultimately submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the thing to remember is that the final Federal Disability Retirement “package” that is filed with the U.S. Office of Personnel Management is a “paper presentation” of a bunch of jumbled words — “jumbled”, unless each has been carefully chosen in order to communicate effectively, well, and persuasively.

It is the untying of the knot of complexity, the smooth and controlled sequence of words that become aggregated into a paragraph, then a full page, and in the end, it is the chosen word precisely crafted, picked like the ripened fruit of ideas that must persuade and win over the thousands of worthless and meaningless other words that will fail the test of an OPM Disability Retirement application — and like that perfectly chosen word, be careful to choose which word-meister you hire to represent you in this most important of endeavors!

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement under FERS & CSRS: Chess

Two quick observations about the game of Chess and those who play it:  Few are actually very good at it; and, like self-image and a false sense of confidence for many in the United States, too many who play it believe themselves to be very good at it.  Stefan Zweig wrote about the game brilliantly in his novella, the “Chess Story” (or otherwise translated or sometimes referred to as “The Royal Game”), and debunked the notion that the greatest of players are by implication, necessity and prerequisite of an intellectual character, either as brilliant mathematicians, logicians, musicians, philosophers, etc.

The “brilliant” chess player, Czentovic, is a moron at best, and a blithering idiot at worst — but boy, can he play chess and beat everyone and anyone.  To some extent, the reality of Bobby Fischer confirms the skepticism of Zweig as told in the Chess Story — of the idiot savant whose distorted singularity of brilliance being limited to the ability for adeptly maneuvering within 64 squares of white and black spaces and utilizing 16 pieces each in a game that requires foresight and some amount of insight.

That is not to say that one should minimize or diminish the attributes of a Grand Master and, indeed, many such people were “brilliant” in other ways, as well.  One cannot make generalizations and say that every good chess player is a blithering idiot; but nor can one assume that, because one is good or great at the game, ergo he or she must be an intellectual, philosopher, physicist, etc.  The downfall of most is in the notion that you are good because you think you are good; for everyone else, the tempering of reality normally comes about when one’s own notions come into contact with the reality of the world.

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, initiation and submission of an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may become a necessity.

Filing an OPM Disability Retirement application is somewhat akin to playing chess — from the crucial initial “move” of the pawn, to maneuvering your way through the landmines of a complex administrative and bureaucratic process, until the final stage of a “checkmate” that results in an approval from OPM.  But the game of chess is not merely the physical aspect of it, and encompasses a wide range of psychological characteristics — of fooling one’s self into greatness; of becoming overconfident; of underestimating one’s opponent.

Similarly, filing a Federal Disability Retirement application with OPM is not just the “physical aspects” of filing — it must encapsulate proper legal citations; persuasive argumentation; careful gathering of information, evidence and documents, etc.  And like the fool who believes himself to be a great chess champion, one should always remember that being the “best” at something doesn’t just involve thinking that it is so, but should include consultation with an expert to objectively determine it to be so.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: What we believe

Belief is a funny animal.  So long as what one believes is never uttered, one can change them from day to day, or even from one hour to the next, without consequences attached.  Of course, you can do that, anyway, and many do in this day and age.  Once spoken, however, a belief takes on the figurine of a furnace-fired ceramic piece; to change is safe only in engaging the linguistic language-game with those who never heard of the belief, but there is a danger that such third parties could report back to the first party to whom the belief was conveyed.  Then, of course, there is the potential charge of hypocrisy.

On the other hand, there is always the disarming disavowal that it was all merely a “misunderstanding”, or perhaps that the other person didn’t get the “nuance” of the utterance; or the catch-all detachment:  “I was joking”.  Facts, of course, can alter beliefs, and that is supposedly acceptable because one has evolved through maturation of knowledge (unless, of course, you are running for political office, in which case you are reserved the allowable space to maintain the cognitive bifurcation like a schizophrenic, concurrently holding a “private belief” while concomitantly stating a “public stance” on certain sensitive issues).

Further, beliefs can become transformed via genetic, life-stage or “aha”-moments; the first because of some recognition that the wired-DNA that constitutes the “real” self has finally been revealed; the second, because there are recognized stages of living – of those prepubescent years, of middle-aged crisis and menopausal breakdowns, or in the end, just because a spouse and his or her lifetime commitment “grew apart”; and the third, by religious conversion and the “road to Damascus” experiences which allegedly justify a transcendent transformation.

In many ways, they are like opinions, though purportedly of a higher order.  Of opinions, it is often said that we all have them – of no greater consequence than the urgency to utilize the bathroom, with the latter having greater significance than the former; but of beliefs, they were once contingent upon study, reflection, coherence and rational methodology.  Somehow, in the linear progression of Darwinian evolution, the higher order of thought processes lost its way, and the meandering of human folly became the prominence of epic conundrums.

We have come to a point in human history where, what we believe is of an irrelevancy based upon our lost hope in discarding reverence.  For, the “what” must have a prefatory methodology, and that foundation was the reverence for creation.  We no longer believe “in” anything, because we no longer have any faith in anything of consequence.  Without awe, the human factor of hope, and therefore of belief, becomes a vacuity of thoughtlessness.  As all of creation is constituted by material equivalence, so our beliefs are of no greater worth than the gaseous ethereality emitted from the guy sitting on the next stool.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition may necessitate filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the loss of belief is an important factor to recognize – for, the one saving constancy throughout is that there still remain “laws” which people, agencies and even the U.S. Postal Service must abide by.

Adherence to the law is often the only saving grace in the craziness of this world, and knowing it, applying it and arguing it in meeting the preponderance of the evidence test, is the best way to avoid that catch-all dismissive, that it is all merely “your opinion” as opposed to “my belief”, when in fact pointing out the precedential case-law and arguing the statutory basis is precisely what is needed to get beyond the irreverent assertion of that which we believe.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: Plan of Attack

Every battle requires a “plan of attack”, and preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is no less an “adversarial” process than a lawsuit filed with the local county court.

One may embellish and deny by describing the process as “nothing more” than an “administrative” procedure, where the deciding agency is merely reviewing the components for “eligibility requirements” and conformance to entitlement regulations, but one needs only to be denied a OPM Disability Retirement application to realize that it is a legal process just like any other.

That is why, when a Federal or Postal employee’s Federal Disability Retirement application is denied at the First Level of the process, the usual response is tantamount to that of an opponent who lacked a plan of attack and quickly disburses in a retreat of panic.

Denials should be expected, and not necessarily because of a lack on the part of the Federal or Postal applicant, but because the “enemy” will counterattack and “win” some “battles”.  The army which never considers a setback is one which advances with such arrogance that the hubris of pride defeats without the enemy ever needing to lift a finger.

For those Federal employees and U.S. Postal workers who filed for OPM Disability Retirement benefits, and who thought that his or her Federal Disability Retirement application was an unconquerable force of inevitability, the good news is that there is another day yet to come for a new battle, and even another beyond that, where a singular defeat means merely a chance to regroup for another day’s skirmish in order to win the ultimate prize:  the war itself.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement: The Causal Contingency

If X, then Y; but the problem is that most of us want to skip over the predicated contingency, and move directly to the conclusion without the necessary and sufficient satisfaction of attending to the prerequisite of X.  The consequences of such inaction, or impatience in order to achieve the end-goal, is that when the subversive act of avoidance and disregard results in the inevitable and disastrous compulsion of causal catastrophe, we then attempt to “make up” for “lost time”, and quickly engage in band-aid devices to try and rectify the original misdeed.

Some things in life just don’t work that way; in fact, despite the insistence by millennials that longterm foundations don’t matter (either because the gods are dead, life is absurd, or self-centeredness will get us through the day), it is the artisan and the craftsman who, when the technological innovations and newfangled fads whisper into the fading glow of yesterday’s moonshine, retains the longevity of sustenance and substantive accord.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact and prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal positional duties, the inclination is to panic, to rush around like a chicken with its head lopped off by a prowling owl of the dawn skies, and to quickly formulate a Federal Disability Retirement application and submit it through one’s own Human Resource Office (if still with the Federal agency or the U.S. Postal Service or, if separated but not more than 31 days thereafter) or directly to the U.S. Office of Personnel Management (if separated for more than 31 days but not more than 1 year after the separation or termination date).  But the operative word in such a scenario is ensconced in the term, “prepare”.

To achieve an effective Federal Disability Retirement application outcome, one must prepare, formulate and file for OPM Disability Retirement benefits.  To jump over the “preparation” part, and to merely formulate and file, results in the disastrous outcome foreseeable and foreseen.  Just ask Jack, who still reels from the burn marks as he tried to jump over the candlestick.

Sincerely,

Robert R. McGill, Esquire