Tag Archives: federal disability retirement due to unreasonable accommodation

FERS Disability Retirement: Voglio vivere una favola

“I want to live a fable” — A quote at the front of Annie Ernaux’s novel, “Getting Lost”, apparently from an anonymous inscription on the steps of the Basilica of Santa Croce, Florence.  Ernaux was just awarded the Nobel Prize for Literature this year — 2022.  No doubt Bibliophiles around the world have focused their attention upon this little-know French author; but that she would choose such an inscription to begin her novel, says much.  For — do we not, all?  Do we not all want to live a fable?

The fox and the grapes — the fable which is the origin of the phrase “sour grapes.”  A fox spies a bunch of grapes high up on a branch and wants them badly.  The lion and the mouse — A lion catches a mouse, who begs to be let go.  The tortoise and the hare — who wins, in the end, and what does it teach us?  And many others — of fables we learned as children, and the one’s we have learned from the lesson of hard knocks.

If not a fable, then at least a fairytale.  We read fables and fairytales, and expect that life must — or should — reflect the life we are about to lead.  How about — the fable about the ants and the grasshopper?  The former, busy about getting ready for the winter; the latter, playing the violin and living a riotous life; and in the end, what is the lesson?

For Federal Government employees and U.S. Postal Service workers who suffer from a medical condition and need to file for OPM Disability Retirement benefits through the U.S. Office of Personnel Management under FERS, you have no doubt been like those busy ants, and that is why your health has deteriorated.  Contact a FERS Retirement Attorney who specializes in Federal Disability Retirement Law, and make sure that the fable you want to live is the one with the ending you desire.

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 Application: The Facade

In its simplest definition, it is simply the frontal face of a building, expression or impression.  In its more insidious connotation, it is the mask which hides an ugliness within, and thus is meant to deceive.

Or, perhaps not even an ugliness, but of something secretive, of a necessity to cover, to conceal, to brush over in order that people will only notice the skin-deep impression left, the appearance upon first encounter, and not to notice the substance beneath or behind the facade.

Can a mask be kept on for long?  Will the concealment cover for long enough, or wide enough?  And long enough — for what?

Perhaps it is merely a smile to conceal grief; a smirk, to mask pain; or in reverse, of tears in order to contain disgust or anger.

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, having a “facade” is most natural, if not a necessity.  You want to seem “as if” — as if you are still able to do your job; as if nothing is wrong; as if….

At some point, however, the facade may not work, and you may have to prepare, formulate and file an effective Federal Disability Retirement application under FERS, through the U.S. Office of Personnel Management.

At that point, the facade which you wore so well may not be the mask you intended, for some may have come to believe that the facade was the actual you without the facade, in which case the facade may have been one facade too many.

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 Law: Disappearing Fences

That pithy old adage; of “good fences make good neighbors”; it is a saying which old people used to say in delineating acceptable social norms; of an ethos which was generally known, frowned upon when violated, and reflects an antiquated time in our society when everyone “knew” their place.

In modernity, the large corporations have convinced us all that fences are unnecessary; that boundaries are meaningless; that bifurcations no longer apply. Instead, to be “connected” is of utmost importance, and loss of connectivity — even for a day, an hour, a minute — means that your entire source of self-identity may have become expunged from the ethereal universe.

It is all well and good for the wealthy to declare that there should not exist a “division” between one’s personal and professional lives; that your job should be enjoyed as much as in your personal sphere; or that taking calls, doing work, etc. while on vacation or on off-days is completely acceptable.  Fences have all but disappeared.  What was their purpose?

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, erecting and maintaining — even building new ones — is important; for, in the end, one’s “quality of life” begins with maintaining one’s health and well-being, but when that health deteriorates and cannot keep up with the demands of work, it might be time then to contact a FERS Attorney who specializes in Federal Disability Retirement Law, if only to establish again that, indeed, good fences make good neighbors.

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 from the Office of Personnel Management: How is it?

How is it that the world became the way it is without our knowing it?  How is it that the rules were already in place, the lands already divided, the waters already polluted, the debt already ballooning, the inventions already made — how did that come about, and who told us the history of the “what”, “when” and “where” of the past?  Can a society long endure while ignoring the past of how it developed and came into being?  And who gets to tell the tale of who we are, how we came to be, and why we are the way we are?

Berkeley’s epistemological approach was to confine knowledge to that which we can perceive, thereby attempting to limit the problems inherent in Being, Truth and Reality.  Like so many of the British Empiricists, philosophy was being reduced to mere “language” difficulties and, indeed, history itself may bear out their “rightness” in this question and problematic approach.  There is, of course, a quiet revolution going on about our past, our history, and the telling of who we are.  That is always a good thing, so long as “Truth” is the end-goal of such an endeavor.

But when Truth itself has become relativized as mere language games malleable in the hands for greater artificial intelligence, and where algorithms rule instead of human input which confines it within stated ethical boundaries (and even that is questionable, given the underlying motives and intent of human beings generally), then perhaps Wittgenstein was right after all; it is all a matter of who sees the “truth”, who gets to “tell” it, and who maintains the Tower of Babel in this universe of increasingly unfettered liberty.

In the end, the “how” of the world will forever be revised as perspectives, opinions and viewpoints change; but it is the “who” that controls the lifestream of information and historical data as to what is important; and in this Orwellian world where the glut of information has relativized all truths, we care less about the “how” than the “who”, anymore.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition now impacts the Federal or Postal worker’s ability and capacity to perform one or more of the essential elements of one’s position, the history — or the “how — is important in preparing and formulating one’s Statement of Disability as posited on SF 3112A.  However, remember that all historical contexts must be provided in streamlined form; for, causality is not an issue in a Federal Disability Retirement application (whereas, in OWCP cases, it almost always is), and thus undue focus upon the “how” can detract from an effective Statement of Disability as reflected on SF 3112A.

The world around us may be concerned with the “How” of a question; for an OPM Disability Retirement case, it is the more current “what” that is the necessary focus of articulation.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Thought versus thoughtless

Does the former have an advantage over the latter?  Our tendency is to think so — as in, “Being a thoughtful person is better than being a thoughtless person.  And, in any event, it is always better to think about things than not to.”

Really?  Does reality bear such a thought out, and does thinking about something as opposed to its opposite — not thinking about it — gain any advantage?  Does Man’s biological advancement through evolutionary selectivity of genetic dominance necessarily favor those who engage in the activity of “thinking” over those who do not?

Take the following hypothetical: An individual must make a “serious” decision — i.e., perhaps about one’s future, career, marriage, etc.  He is told to “take some time to think about it”, and does so dutifully.  He speaks with others; does some reading; mulls over and “reflects” upon the issue; takes out a yellow-pad and writes the columns, “Pros” and “Cons”, and after days, weeks, perhaps even months, comes to a decision.  Within a couple of years of making the decision, he realizes that he has made a fatal error.

Now, the counterexample: Same scenario, but in response, the individual says, “Naw, I don’t need to think about it.  I just go on what my gut tells me.”  He goes out, parties, avoids “thinking” about it, and the next morning makes that “important” decision.  He remains happy with the decision made for the remainder of his life.  So, the obvious query: What advantage did one have over the other, and what fruitful outcome resulted from “thought” versus “thoughtlessness”?

Yet, we persistently hear the phrase, “I should have thought about it,” or “I should have given it more thought” — always implying that, had further reflection been accorded, had additional wisdom been sought, or multiples of contemplation allowed, ergo a different result would have been achieved.

The error in the logic of such thinking is that one assumes a necessary connection between “result” and the activity of “thinking”, when in fact it is the very activity itself which retains a value in and of itself.  “Thought,” “thinking” and “thoughtfulness” are activities which have a value by themselves.  The satisfaction of a result-oriented, retrospective according of value based upon an outcome achieved is to place the value upon the wrong end.

For Federal employees and U.S. Postal workers who are “thinking” and engaging in “thoughts” about preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, there comes a time when a “decision” must be made.  “Thoughtfulness” is an activity worth engaging in, regardless of the outcome of the activity itself.

In engaging such an activity, it may be worthwhile to seek the advice of an attorney who specializes in Federal Disability Retirement Law — if only to consider the evolutionary advantages in thinking about thoughtful activities as opposed to the thoughtless decisions made by an unthinking thoughtlessness.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Foreboding Sense

Are such “feelings” valid?  Does it even make any sense to apply the criteria of validity to a “feeling”, or are there circumstances where a foreboding sense of things can be accepted as a confirmed truth?  Does an outcome-based application of the criteria determine the validity of a feeling?

Say, for example, an individual possesses a 100% success rate in confirming the truth of a foreboding sense — does it validate the feeling?  Or is it based upon the foreboding sense that is declared to others who can confirm it?

A foreboding sense of things to come can, indeed, be valid, both as an outcome-based, retrospective confirmation as well as a singular instance of validity based upon a person’s experience.  For, just as statistical analysis cannot refute the probability of something happening the next time (ask a person who was actually attacked by a shark, or hit by lightening, as to whether the statistical improbability of an event makes any sense), so a person’s foreboding sense of things to come can never be mollified until the passing of a non-occurrence.

Such foreboding, however, can sometimes be assuaged and tempered by greater knowledge gained, and for Federal and Postal workers who suffer from a medical condition where the medical condition is beginning to impact one’s ability and capacity to continue remaining employed with the Federal Agency, it may be time to consult with an attorney to discuss the possibility of filing a 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.

A foreboding sense of an impending event may be validated by an outcome-based perspective; or, it may be a subconscious capacity to sense something that our conscious senses are unable to quantify.  But of whatever the source, it is often a good idea to confirm the validity of such a foreboding sense, and for Federal or Postal employees who have a foreboding sense of one’s circumstances because of a medical condition, the assuaging potion of choice is to consult with an attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The prerequisite of thought

What constitutes “thought” and fails to satisfy the allegation that one has not engaged in it?

Take the following example: A young man who is courting a young woman buys a bouquet of flowers on his way home, but stops by at her place just to say hello.  She — seeing the flowers — declares, “Oh, how thoughtful of you.”  He sheepishly smiles and nods his head, but in reality the flowers were to spruce up his own apartment.  He explains this to the young woman, and she turns a smile into its opposite — a frown — and reverses her opinion, telling the cad how “thoughtless” he is being.

In reality, he had done no such thing — he had, in fact, “thought” about it, only not in the sequence that the young woman had desired.  Yet, he is charged with being “thoughtless” — and one could argue that such a charge is applicable in that he should have “thought about it” before stopping by her place, and instead should have gone ahead and followed a route straight home.

Or, of another example: Say you are debating a point with another individual, or a group of individuals, and someone during the course of your monologue says, “It is clear that you haven’t thought about it.” What, precisely, does that allegation mean and imply?  Would it have made any difference if you had previously taken yourself into a corner, sat for an hour or two reflectively posed like the famous statue by Rodin’s “The Thinker”, chin upon knuckle in a reflective pose of self-absorption — then come back to engage in the discussion?

What if your contribution to the conversation included as great an expanse of idiocy as if you had not “thought about it” — but the mere fact that you had sat for a couple of hours, or perhaps a weeklong sojourn of contemplative solitude — does it make a difference?  Isn’t “thinking about it” often done in the course of give-and-take, during the conversation engaged, as opposed to being lost in one’s own mind?

Further, isn’t singularity and isolation of “thinking” often the wrong approach, inasmuch as you may be missing something, have inadequate information, illogical in the process because of selfish interests unrecognizable, and therefore the best kind of thinking often involves debate, countering opinions and other’s input, as opposed to the isolationism of “The Thinker”?

Would it make sense to ask a dozen or so physicists to “solve the mystery of the universe” by gathering them together, then making each sit in a corner and “think about it”, as opposed to engaging them in a “give-and-take” brainstorming session?  Isn’t much of thinking “done” by engagement with others, as opposed to a soliloquy of isolationism?  If so, then why is there too often a prerequisite of thought?

For Federal employees and U.S. Postal workers who have “thought” about 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, the first and most important step in making the “right” decision may not be by engaging in an isolationism of “thinking about it”, but by consulting with an attorney who specializes in Federal Disability Retirement law.

There is no prerequisite of thought in picking up the telephone and having an initial, free consultation with an attorney to discuss the particulars of your case, and engaging in the thoughtful exercise of considering OPM Disability Retirement by actively participating in the productive modality of thinking.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Beyond the shutdown

What does it mean for the government to “shut down” because the Congress and the President were unable to come to a budgetary agreement?  It is often the question that is focused upon, but may be the wrong one.  The more relevant issue concerns the events that will occur after the cessation of the shut down.  What happens afterwards?  For, everyone assumes that the government will come to some sort of budgetary reconciliation, and that there will ultimately be an end to the deadlock.

The House and Senate will finally pass a spending bill, whether of a temporary, continuing resolution, or of a long-term bill that addresses the various issues each side is fighting for.  With that assumption in mind, the question becomes, What happens beyond the shutdown?

Essentially, nothing dramatic, other than that the bureaucracy of the Federal government will experience greater delays, and the shutdown merely becomes interpreted as a slowdown for goods and services, much like the picture painted of a local grocery store closing for a week, a month or many months, and where shoppers would have to find another venue to obtain their wares.  The difference between the private-sector shutdown and a Federal government shutdown, however, is that the former often allows for its competitors to take advantage of the situation, whereas the latter has no such “competitors”, as it is the only “game” in town.

For Federal employees and U.S. Postal workers who are considering filing a 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 question of “what to do” with the shutdown should be approached with the following questions: Do we assume that the Federal Government will “reopen for business” at some point?  The general answer is: Yes.

With that assumption, should we just proceed with preparing, formulating and filing an effective Federal Disability Retirement application?  Again, the general answer is: Yes.

The “private” sector continues to operate, and so the doctors who need to submit medical reports and records can still be accessed; the standard forms still need to be prepared, and the faster one is placed into the “waiting line” for determination by the U.S. Office of Personnel Management, the quicker the “product” of an approved Federal Disability Retirement benefit will accrue, once the doors of the Federal Government and the U.S. Office of Personnel Management are again opened for “business as usual”, beyond the shutdown that occurs from time to time.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employee Medical Retirement: The source of despair

There are searches for origins and those for solutions, regardless of the source.  One hears about the “source of the Nile” or of the Mississippi river; or of the origin of the species, how Man came about to become who he or she is, why and what of the destination.  To ask, “From where?” is quite different from the query, “How?”  The former inquires as to the source of X, while the latter is more concerned with the rationality behind the origin.

There is thus a difference between the physical or spiritual source of the matter as opposed to what Aristotle deems as the fundamental principle that explains the ultimate and elemental foundations. For example, for Federal and Postal employees who are considering 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, the question one might ask may concern the source of one’s despair.  Is it the medical condition itself?  Likely.

But is there a more fundamental principle – like the work that one engages in, the harassment and pressures one is exposed to, etc., that better addresses the concomitant query concerning the “how” question?  The origin of one’s despair may be due to the medical condition one suffers; but if one could focus and prioritize upon one’s health, would that not “solve” a great portion of the despair itself?

In order to do that, it is often necessary to prepare, formulate and file an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, precisely because the source of despair cannot be searched for within a vacuum of a medical condition exclusive of all other contributing origins.

There is, in addition to the medical condition, the realization that one cannot continue with one’s chosen career with the Federal Agency or the U.S. Postal Service because you are no longer able to perform one or more of the essential elements of the Federal position or Postal work; and, further, a contributing factor may be the stress and pressure placed upon the Federal or Postal employee by the workplace itself, the hostility shown and the adversarial attitude of the Federal agency or Postal service.

Federal Disability Retirement may not be the full and complete solution to one’s source of despair, but it may be a necessary step in resolving the question as to “How” the burdensome source may be alleviated.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement for Federal Employees: Conspiracy of life

Tabloids lead us to suspect it; odd coincidences force us to confront it; and the amassed aggregate of life experiences allow us to consider seriously the implications of it.  Are there such deliberative interconnections that make seeming chance encounters more than the arbitrary clashes of random events, such that they are planned, coordinated and precipitated by human activity beyond mere statistical anomalies?

If the creation of the natural world can be acceptably explained by evolutionary forces without a grand designer of some relevant intelligence quotient, and if randomness can be explicated by instinctive forces based upon a genetic predisposition for survival, then certainly the conspiracy of life can be readily accepted.

Often, we dismiss and refute sequential events that “could only happen” with some modality of deliberative intent, with a dismissive declaration of, “Naw…it just couldn’t be…”   Yet, we believe in those inane, proverbial truisms, like – “When it rains, it pours”, as events seem to come in bunches, bad luck follows upon acts violating superstitious conduct defying the supernatural, and we still try and avoid making major life decisions when the stars become misaligned during a winter solstice.

And so we remain careful when coming upon the path of a black cat, or refrain from making major life decisions on those Fridays which fall upon an unlucky number; and, beyond, believe that a conspiracy of life may yet manage to subvert, pervert and preemptively undermine the dreams we dream, the fantasies we pursue and the follies we hope for.

For the Federal employee and U.S. Postal worker who suffers 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 the Federal or Postal position, it is not a far stretch to conceive of, believe in and otherwise suspect a conspiracy of life – precisely because Federal fiefdoms and Postal power-centers are replete with bands of marauding rogues whose sole purpose in life is to harass, intimidate, make life miserable and force the issue of “who is boss”.

Little people with evil souls tend to congregate in places where the frustrations of a personal life spill over into the professional arena of employment contexts.  Always remember, however, the singular focus in preparing an effective Federal Disability Retirement application:  To have it approved by the U.S. Office of Personnel Management.

Thus, if you get “drawn in” to the tangents by invitation of the conspiracy of life, you may regret the wayward course and the detour compelled by losing your way, direction and compass-driven focus that should guide you to ignore those unverified and arbitrary chance events as depicted in superimposed photographs besides outlandish editorial exclamations seen and surreptitiously viewed while standing in line at the grocery store.

Sincerely,

Robert R. McGill, Esquire