Federal Government & USPS Disability Retirement: The Volume Appearance

It cuts both ways; and we all do it.  The “substance” of X can be either qualitative or quantitative, but rarely both.  If it lacks in substance, we believe that it can be made to look good by increasing its volume — i.e., heftiness = substantive relevance.  If it possesses inherent substance, on the other hand, it rarely requires greater volume.

The disjunctive rule is often applied here: Things rarely contain both.  Modern novels are a testament to the rule: Hundreds of pages with little to say.  Then, look at Hemingway’s greatest work — The Old Man and the Sea.  A short book; a masterpiece.  Shakespeare is the best example of containing both — quality of work, quantity of work.

In modernity, volume gives the appearance of substance, even when there is very little of it.  In a FERS Disability Retirement case, don’t think that gathering your decades-long medical records is sufficient to qualify for Federal Disability Retirement benefits.  A qualitative medical report is often necessary.  The converse is true, as well: OPM will write a long and meandering denial letter which has no logical or substantive input.

It is, again, the “Volume Appearance” — of trying to make it appear as though the volume of their denial letter accounts for its validity.  It does not.

Contact a Federal Disability Attorney who specializes in OPM Disability Retirement Law in order to counteract the volume appearance — both for yourself in preparing the Federal Disability Retirement case, as well as in preempting OPM’s attempt to bamboozle you with a Volume Appearance Denial Letter — and no, the term “bamboozle” is not a legal/technical term, but it is what it is, as the modern colloquialism goes.

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 Disability Retirement: Tomorrow and Beyond

We prepare for tomorrow, and plan for beyond.  There is a difference with a distinction.  For, tomorrow is soon upon us; the “beyond” is an obscure timeframe that dictates minimal physical effort, but much cognitive input.  We can “deal” with today and tomorrow — of pushing forward, setting aside worries and anxieties; but it is the “beyond” that takes a toll when too many uncertainties, unpredictables and unknowns coalesce to present a dark hole that cannot be managed.

Hope is based upon a future that can be imagined, and when the imagination becomes damaged to the point where human creativity can no longer foresee the proverbial “light at the end of the tunnel”, then the darker caves of the mind’s chaos can overwhelm.  Medical conditions tend to do that, especially when they become chronic and intractable.

This most recent pandemic can also undermine one’s sense of hope, and dash the plans for the “beyond”.  But for now, it is the “tomorrow” that we all need to focus upon, and for Federal and Postal employees looking to “solve” the problem of one’s inability to perform one or more of the essential elements of one’s Federal or Postal job, it is enough of a chore just to consider filing for FERS Disability Retirement benefits.

Consult with a FERS Attorney who specializes in Federal Disability Retirement benefits under FERS, and begin the process of taking care of tomorrow, and perhaps even beyond.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Consider the Alternatives

It is a prefatory phrase that forces one to weigh the choices that are available, and by doing so, be compelled to finally make a needed decision.  Decisions are often hard to make.  There are some who become paralyzed merely in being presented with various choices in life, while others appear to breeze through the elimination process rapidly, arriving at a confidently-made decision without much effort.  Or seeming so.

Are some people born as “decision-makers”, while others fret and fume over whether to choose between a chocolate flavor or a vanilla?  How are children taught to make decisions, and for those who become anxious at every turn of being presented with alternatives, is it because such an individual was never taught as to the methodology of “sound” procedural processes in arriving at it?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of his or her job, consider the alternative: Continue working and deteriorating health-wise in your condition; face increasing pressures at work, resulting in possible termination; resign and walk away with nothing; or, begin the process of preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

Consider the Alternative; this one is a no-brainer.  Consult with an OPM Disability Attorney who specializes in Federal Disability Retirement, and certainly, consider the alternative.  You will not be disappointed.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Preparing for the unknown

How does one prepare for the unknown?  If the very basis of preparation is to prepare for something, how can you then engage in that activity if X is an anomaly, a conundrum, a mystery yet to be uncovered and revealed such that the prior stage of preparing for it can be accomplished?  Is there a necessity for the pre-preparation stage?  Does one have to prepare in order to prepare to perform the actual act of engaging the substance of that which must be prepared for?

Certainly, learning about a subject — reading, researching, analyzing and evaluating — prior to performing acts which constitute “preparation” is an important component, but how many people have time to do such things?

Nowadays, if a person is asked whether they can “do X”, we just whip out our Smartphone, Google it and watch a You-Tube video and declare, “Yeah, I can do that.”  Is that what self-appointed lawyers do, these days — winging it by quickly reading some summarization of an article, then head into court and stand before a judge and make motions, argue cases, etc.?

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, preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management may well become a necessity.

It is the “preparing” part of the entire process which may be the lynchpin of success or failure.  Yes, you can read various articles (including this writer’s many pointers, legal articles and the like), but always understand that each case is unique — as is yours — and legal guidance based upon the individual circumstances of a particular case is very important in preparing for the unknown.

The “unknown” is the Federal Disability Retirement process, the administrative venue and the bureaucratic morass that encompasses the entirety of Federal Disability Retirement Law, and while no lawyer should contend that he or she knows “everything” about a subject, an experienced lawyer can certainly provide for valuable “pre-preparation”, as well as the preparation and the substantive work on formulating and finalizing that which is yet unknown, but ready to be revealed, uncovered, and refined into a Federal Disability Retirement application that stands a good chance of challenging the unknown.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Promising Beginning

We look upon with sadness that which once was, and remorsefully retro-fit what could have been despite that which never was meant to be.

The promising beginning is the one that originated with fullness of hope and expectations; then, there is a “middle ground” — a point where paths diverge and perhaps the critical juncture where success, failure, or something in-between presents itself; and then the journey continues for some time until a point is reached where retrospective regrets may begin to develop, and we think to ourselves: Ah, what a promising beginning, but….  It is, of course, the “but” that pauses and the silence which follows that tells us all the rest of the story; of the wrong path taken, the promise left unfulfilled and the caravan of decisions left undiminished.  But from whose perspective?

Perhaps there were interruptions — of relational interests that took some focus away, or a boredom which set in to detract from the singularity of focus which was required; but such decisions may have merely moderated that “promising beginning” that was never meant to be.  And of those issues where one had no control over — such as a medical condition that reminded one that, while careers are important for a time, one’s health should always be a priority, no matter the time or circumstances.

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, and where the once “promising beginning” seemingly has stalled or stopped completely because of the medical condition, it may be time to shed one’s self of false expectations and unrealistic values, and to look to the future by preparing, formulating and filing for Federal Disability Retirement benefits.

Not all beginnings are meant to have an ending as promised, and in any event, remember that the only promise that needs keeping is the one that allows for an ending of hope, where expectations include the priority of one’s health and the necessity for change when change is required.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: The price of status quo

Everything has a price, whether in terms of monetized payments or through labor, effort, worry and loss of peaceful interludes.  What expansive periods of our lives do we engage and assign to “wasted” time that must be discarded, forgotten and left beside?  What is the price we pay to maintain the status quo, even though we know that such clinging to a lack of change is merely extending the wastefulness of our own making?

Change is something that most of us resist.  Yes, we hear of, read about, or otherwise are told about “venture capitalists” or gamblers who throw the dice on everything — their future, their stability, their own sense of worth, whether net or paid for in dreams lost; of how you cannot know success until you first experience the bitter taste of failure, and how the most successful of men and women in the world failed miserable many times over until that moment of victory and triumph.

The ordinary human being, however, is either unwilling to, or otherwise unmotivated in any path towards self-destruction, or the potential for such disastrous outcomes whether real, dreamed, imagined or feared.  The fact is that there is always a price to pay whether or not one acts affirmatively, or doesn’t act at all.

The former places the burden of identifiable responsibility squarely upon the proverbial shoulders of the acting agent; the latter — of “sitting tight”, not doing anything, and remaining the perennial benchwarmer who merely watches and observes as the world passes by — can always defer any personal responsibility and counter that it was “circumstances beyond my control” or that “fate had its rueful day”, or other such indifferences of neutrality.

The reality, however, is that the price of status quo is often just as expensive as that of affirmatively acting; we just fail to see it by conveniently engaging in language games that avoid such recognition of such consequences resulting from inaction.

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, preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may be the best alternative to paying the continuing price of status quo.  What cost?

Well — the enduring of the medical condition; the constant harassment at work; the increasing pressure of disciplinary procedures; and much more, besides.  That is the price of status quo.  And of affirmatively moving forward with a Federal Disability Retirement application?  It, too, must pay a steep price — of engaging a complex administrative and legal process; of facing the chance of a denial from the U.S. Office of Personnel Management; of entering into a surreal universe of bureaucratic morass.

But everything has a price to pay — whether of status quo or of affirmative movement; it is up to the Federal or Postal employee as to whether the end-product is worth that price.

Sincerely,

Robert R. McGill, Esquire 

OPM Medical Disability Retirement Attorney

   

FERS & CSRS Medical Retirement: Avoiding emotional identification

We all do it, to one extent or another; doctors who deal with terminal children or relegated to the emergency floors; patients who must see the foreboding grief in the eyes of family members who have been told; psychiatrists, psychologists and therapists who listen “objectively” to the turmoil and trauma of other lives; the capacity for human compartmentalism is nearly inexhaustible.

Does the horse who listens to the cab driver in the brilliant short story, “Misery” (or often subtitled as, “Grief” or “To whom shall I tell my grief?”), by Anton Chekhov, have a choice in the matter?  Well, you say, the horse cannot understand the linguistic intricacies of the story told!  And, yet, we designate dogs and other animals as therapeutic breeds capable of soothing the wounded and scarred psyche of our neighbors…  The flip side of such a capacity, of course, leads to human cruelty beyond mere animalistic behavior, where the caverns of barbarism know no bounds.

The murderous son can torture in the name of the State by day, and sit with his mother at the dinner table and weep with genuine sorrow over the arthritic pain felt by infirmity and old age; and the boy who remembers the love of his mother may singe the wings of insects with pyrotechnic delight as mere gaggles of laughter unhinged by a warped conscience.  But, you say, insects and the lower order of animals don’t have “feelings” in the same way we do!  What does that statement truly mean, but merely to justify an act which — if otherwise directed at a fellow human being — would border on the criminal?

Bifurcation of lives lived is an important survival component for the health of the human psyche.  To identify with a suffering soul on an intellectual level allows for comprehension and understanding; to do so on a par at an emotional level merely subsumes one into the other, and negates the capacity to provide wisdom or advice.  That is why, in preparing a Federal Disability Retirement application by a FERS, CSRS or CSRS employee, whether in a Postal capacity or as a non-Postal, Federal employee, it is important to recognize that if a Federal or Postal employee prepares the Statement of Disability on SF 3112A without representation, the subject and object of such preparation are one and the same, and therefore collectively engages in an activity of emotional identification which is difficult to avoid.  For, the person of whom the Statement of Disability is written, is the same person who is the author of the narrative on SF 3112A.

Is there a danger to be avoided?  Isn’t there an advantage in conveying the feelings by the same person who experiences the trauma and medical condition?  If objectivity is defined, in part, at least, as a reasoned perspective from multiple sides of an issue or fact, then the greater distance ensconced between the subject discussed and the narrator empowered, will allow for the attainment of that position of elevated perception.

Certainly, that is how the administrative specialist at the U.S. Office of Personnel Management will be reviewing your case — by avoiding emotional identification, and trying to sort through the pain, suffering and legal implications of the Federal Disability Retirement application, hopefully prepared and formulated in as objective a manner as humanly possible.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Pension Annuity: Today, life is good…

It is the set of 3 periods at the end of the sentence, identified in grammatical terms as an ellipses, allowing for a trailing thought or a hesitation of motive, and here which differentiates from a singular finality of a period postulated to prevent a purposive punctuality of partition from a postscript.  If the last two periods were extracted and deleted, the delineation would connote a declarative assertion, unhesitant in conclusion, and confident in execution.  With those two additions, it implies and denotes hesitancy, a pause leaving the impression of loss or lack of confidence, and unable to determine the cogency of opinion formulated but for the ellipses.

In the end, however, how is grammar tied to life itself?  Do mere additions of two dots in a sentence reflect the reality of that which we live?  Do the bundles of human complexities, emotional upheaval and physical pain, cognitive dissonance cut us off from nature’s impenetrable divide?

How often do we walk around, and stop and realize that we remember nothing about our surroundings, who we passed, what buildings we strode by, because the inner thoughts we became a hostage to allowed only for sight by the eye of our own minds, and not for the purposes attributable to all other species on the planet — for observation and judgment to determine the course of future destiny, in surviving a predatory world.

What makes us unique, but the linguistic divide that confronts us daily; and thus is it that the 3 harmless dots dangling at the terminal confinement at the end of a sentence is more than a mirage of grammatical repose; no, it defines who we are.  For, the reality of the ellipses is contained in the reflection of the truth manifested; insert an emotive adjective, and the dots disappear; yet, the changes wrought will remain beyond the grammatical addendum, the deletion of the dots, or the conversion from hesitancy to declarative assertion of utmost confidence.

It is, in the end, the “today” which is the operative word, and not the trepidation engendered by the ellipses; and it is the unstated “tomorrow” which can bring about changes to the substantive undercurrent of life beyond linguistic elasticity.  It is real life, and not grammar, which must ultimately determine destiny, fate and the whims of gods playing with human caricatures with arbitrary thunderbolts and childhood cruelty with breaths of unexpected pillars placed as obstacles within our paths.

For Federal employees and U.S. Postal workers who find that the gods of fate have placed the burden of a medical condition upon life’s lottery of challenges, the need to prepare, formulate and apply 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, becomes an encounter where the linguistic divide between life and living, on the one hand, and language and grammar, on the other, coalesce and the the chasm must by necessity be bridged.  For, it is precisely the medical condition itself (life and living) which must then be formulated into a declarative state of disability and linguistic evidentiary postulate (language and grammar), in the form of an effective OPM Disability Retirement application, that makes for the differentiation between failure or success.

Beware of the pitfalls of grammar, and note the ellipses, as well as the dangling participle, lest either unveil a true hesitancy in living, as opposed to a mere red mark from a teacher in a fictional classroom, either in one’s mind or in the eye of one’s mind.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The last hurrah

We dream of those moments; the final word in a debate which devastates the opponent; the retort which wows the audience; the closing statement that persuades beyond a reasonable doubt; the performance of a lifetime which defines the value of life itself.  The final breath taken, the last hurrah heard, and the concluding catapult left not as a dangling participle, but as a substantive grammatical perfection, leaves the participants and viewers in silent awe in the wake of the closing curtains descending as the roar of the crowd becomes muffled because of the thunderstruck performance left with little doubt or residue for an encore.

Sometimes, however, it is better to let the silence interrupt, the pause intersect, and the non-retort prevail.

Discretion is a characteristic personality trait which rarely prevails, and less so in moments of reactive anger and tumultuous needs of flaring emotions.  For, the time elapsing between a declaration made and the thoughtless contortions of an emotional response, will often be of a split millisecond, and certainly not enough consideration for the synapses to fire within the fermented (or is it demented?) mind of the turmoil encased within.

The samurai who touches the hilt of his sword must consider the consequences; for, once unsheathed, the metal blade previously encased within the master artisan’s work must be used, lest cowardice be charged and reputation be tarnished.  In life, work, and daily living, we have multiple instances and encounters where the opportunity to speak, or not, are confronted and engaged; rarely do we reflect upon the least-favored alternative: silence.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, the repetitive refrain is often to let everyone know, and to express one’s opinion loudly and without thoughtful editing, like the book publisher who self-publishes because no one else has seen the value of the Greatest American Novel left as an unknown and unsought manuscript, hidden in the dusty caverns of a mind secluded but for diatribes on the Internet.

The sagely advice of this lawyer: Unless there is a compelling reason to tell — don’t.  For, in the end, declared asides of fictional characters and the hubris of a Shakespearean soliloquy often result in death, destruction and dementia (and not necessarily in that order), and the last hurrah is often like the drowning sailor whose final surviving words echo soundlessly in the lapping waves of a vast ocean of Nature’s impervious imperialism, lost forever in the terminal breath of a gasping desperation.

Sincerely,

Robert R. McGill, Esquire