Tag Archives: federal employees with service connected disabilities

FERS Disability Retirement: This Post-Factual World

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

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

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

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

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

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

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

FERS Medical Retirement: 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.

 

Office of Personnel Management (OPM) Disability Retirement: Doubt

Is it an emotion.  Or, is it an “instinctive sense”?  Perhaps a cognitive level of reasoned thought?  If the latter, do animals doubt?  Why do we often qualify it by adding the term, “a sense of”?

The dictionary definitions often avoid the doubt of doubt by including both: “A feeling of uncertainty or lack of conviction”.  Note the inclusion of both: Emotion (“feeling”) and Reason (“conviction”).  Whether of a feeling or of a rational basis, it allows one to pause, to ponder, to consider the various signs and symbols of life’s intractable problems, and to consider whether or not to move forward.

As you enter your house or apartment, does the door slightly ajar make you doubt?  Do certain indicators at work — of furtive glances, of avoidance by your supervisor, of closed-door meetings excluding you: Do they in the aggregate create a doubt?

Or, for Federal employees and U.S. Postal workers who are not quite sure as to the qualifying criteria in filing for Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management — is there a doubt?

Whether of a “feeling” or of a rational basis, you should contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law in order to cast aside any sense or idea of a doubt.

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: Reenactment

Among the various species, are we the only ones who engage in reenactments?  Isn’t living life itself enough?  Do we really have to live it all over again, except in a “reality-based” methodology of reenacting what once was?

What does it say about a species which attempts to recreate scenes, scenarios and historically arcane contexts; or even of the lonely teenager who revisits the place of his or her first love, to go over a moment shared barely a fortnight ago?  Or even of the theatre — of a play reenacted night after night; and of battles from decades and centuries ago where we already know the outcome but desire to relive the moments leading up to the end.  Then, there is the “crime scene reenactment” — of extracting from scant evidence and trying to comprehend how it happened in an effort to discover the “who” of the crime.

Why do we humans want to recreate painful memories?

For most, there are moments and issues which we would rather forget, but forgetting means that it is already in the past and we have the capacity and ability to leave it behind us.  Medical conditions have a tendency to resist such forgetting; they remain as a constant reminder of our own mortality and vulnerability, and though we would wish for such a history of misery to be left behind, the daily reenactment of scenes of struggle remain as a constant reminder of the cruelty of the world around us.

Federal Disability Retirement through the U.S. Office of Personnel Management may not diminish the pain and constant reminders of our mortality, but it allows us to focus upon our health in order to move on with life.

Reenactment of scenes of encountering the daily adversarial and contentiousness of going to work; of the Federal Agency’s stubborn refusal to accommodate your medical condition; or of the medical condition itself which is a daily reenactment of life’s unfairness; these and many more reasons are why a Federal or Postal employee may take the important next step in preparing, formulating and filing an effective Federal OPM Disability Retirement application.

If you don’t want to repetitively view the reenactment of an endless struggle, contact an attorney who specializes in Federal Disability Retirement Law, and consider filing a Federal Disability Retirement application in order to get beyond the repetitive reenactment of the drama daily encountered with your Federal Agency or Postal Service.

Sincerely,

Robert R. McGill, Esquire

 

 

FERS Medical Retirement from the OPM: For better or for…

Do we consider what follows the ellipses when making such a vow?

In youth, when the days of summer are endless and the rainfalls are merely seen as sweetness in dancing folly, do we ever consider the meaning, the phrase, the serious connotation of the “worse”, or do we just focus upon the “better” as in, “This is good, tomorrow is better, and the day after will only get better than better”?

Perhaps it is a genetic advantage inherent for survival’s sake that youth never considers the dark side of the moon; for, to be young and innocent of thoughts forsaking a future yet to become is to move forward with bold forthrightness, and only the fittest would survive such folly of thoughtless advancement.

Would armies have defeated the odds if trepidation of thought were to dominate?  Would the genetic pool of the daring be muddled if not for the foolish stumbling into a future unknown?  What fool thinks about the “worse” when the “better” is right before your eyes?

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, the thought of “worse” never came to mind until the medical condition first appeared, then remained, then worsened, then became a chronic condition like an uninvited guest who overstays the welcome of niceties left unstated.

Filing for OPM Disability Retirement benefits takes into account both perspectives of the vow that was once stated but never thought of: It is because of the “worse” but it is for the “better”.

The “worse” is the ongoing medical condition that has deteriorated such that it necessitates filing for Federal Disability Retirement benefits under FERS through the U.S. Office of Personnel Management; and the “better” is that, once your Federal Disability Retirement application is approved, you can focus upon your health, the tomorrow of a future yet uncertain, and the commitment to another vow left unstated: To take care of yourself.

Sincerely,

Robert R. McGill
OPM Disability Attorney

 

Federal Employee Disability Retirement: Rhymeless Poems

When did it happen?  Certainly, by the time E.E. Cummings came upon the scene, with his oddity of typographical stream of consciousness, the acceptance of it had already come to fruition; or, perhaps it was in the translation of foreign such vehicles of linguistic amalgamations – when the first frustrated translator threw up his hands in disgust at a Japanese Haiku or a German verse of too numerous a compendium of throat-clearing consonants, that the advent of the rhymeless poem reached its fulfillment and pinnacle of public acceptance.  Or, maybe we just ran out of words.

Words are funny vehicles of communication.  With facial expressions, the scent of another, the movement of body or a sense of fear, anticipation and the adrenaline of life, one can discern an endless eternity of subtleties that, in their inexhaustible divining of messages sent and received, can further be conjoined, compounded and confounded by the essence of human complexity.  But words are limited to the meanings of each; and in the finite world of vocabularies existent, the rhyming words are that much more delimited.

It is not, as Wittgenstein would point out, something that we can just create out of whole cloth; for, there can be no “private language game” of one, as the very essence of it would be lost in the creation of a singular language game – communication, which is the purpose and teleological livelihood, cannot be justified if no one else understands the word, the greater concept, or the linguistic artifice intended.

Sure, sure – words are created everyday, especially in order to accommodate the growing technology of Facebook, Twitter, Snapchat, etc.; and the abbreviated forms of linguistic devices necessitated by text messaging, as well as the diversity of communicating through emoticons, etc., only prove the point:  All such such inventions and convoluted conventions of acceptability have a finite basis in any algorithm created.  In the end, we are just left with more words, and the inability to find that perfect rhyme in a verse of poetic need.   And that is the point, isn’t it?

For the Federal employee or U.S. Postal worker, having a medical condition is similar to reaching that point in writing a poem, when the rhyming word can no longer be found.  Life itself is like an endless verse of poetry; we flow along and rhyme from word to word, with a cadence found in maturity of experiences; then, one day, a medical condition develops, and the rhyming verses suddenly pause.  We don’t know what to do.  Search as we may, we cannot find that perfect word, or that acceptable cadence of living life.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may not be that discovery of the perfect word to end the silence of a rhymeless poem; it is, however, the last word in the verse of a Federal or Postal employee’s career, which may save the day from leaving the empty space blank, and instead, allowing for the next cadence in this continuing drama of verse-filled experiences, to take a leap into a future of security and new beginnings.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Of Tomorrow’s Dreams Delayed

We like to think that our lives progress unencumbered in a linear line of advancement, with nary a bump or an obstacle unconquerable, and but for the occasional exuberance of planned erraticisms, the journey should be a smooth ride without surprises.  But just as planes sometimes fall from the sky, and nature betrays its perfection by mistaken errors of comedic turmoil, so the linear aspect of constancy often must confront the bumpiness of expectations.

Life rarely turns out as planned, and the more we plan, the less we expect fulfillment.  Perhaps that is the great tragedy of loss of youthful innocence.  In the end, it is how we face up to that realization that plans are meant to be altered, that unexpected curtailment of expectations unrealized merely represent the reality of the universe, and that in the end, the process of “how we face” it is more important than the desultory buoyancy of cynicism.

On a rollercoaster or other thrill-seeking device, there is often that final moment of exhilaration, that last pause before the turn; perhaps that is precisely why we seek such madness, for life itself rarely presents us with a similar and parallel event.  Instead, like the medical condition which slowly, steadily, and with monotonous rage progresses to debilitate, the constancy of repetitive boredom in life mirrors the tragedy of human proportionality and graveyards filled with unnamed tombstones.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition results in an inability to perform the essential elements of one’s positional duties, the bumping up against the tides of obstruction means that one must prepare, formulate, and file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS, or even CSRS Offset.

Life’s unfair advantage at throwing down an obstacle in the midst of a promising career should never betray the need to adapt and consider the alternatives beyond; and for the Federal or Postal worker who can no longer perform all of the essential elements of the Federal or Postal position, the likelihood that the Federal agency or the U.S. Postal Service will engage in harassment and ultimate termination of employment, is greater than not.  That is why, of tomorrow’s promises and dreams delayed, it is necessary to prepare, formulate and file for OPM Disability Retirement benefits today, so that the tomorrow of dismal dalliances may be deemed a desirable date of this day’s inestimable worth.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: The Future of Now

Human beings have the unlimited capacity of projecting into the future, such that a present picture of what may occur some time hence can be visualized; but whether and how many bring the future to the fore, such that the present becomes encompassed into the reflective reality of current circumstances, is of an imaginative rendering few take the time to engage in.

By focusing upon the future as some ethereal fog somewhere in the distant netherworlds, we can justify the tendency to procrastinate and kick the proverbial can down the road; and, similarly, we can get lost and embroiled in the problems of the now and today, and groan with delicious consternation about the inhumanity and uncaring nature of the world.  But to meld and cross the lines of future and now by projecting forward, then bringing back, such that the future becomes the now in our enlivened universe of deadened souls, is to plan for a time hence in real time of current clockwork.  It is an exercise of the imagination which is necessary in order to better prepare both for today and for tomorrow.

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 all of the essential elements of one’s positional duties, it is important to consider those matters not just in linear form, but as a reality of clashing values and systematic interludes of conflicting confidences.  Yes, you want to continue on, but does the current state of pain and debilitating medical conditions allow for such expectations?  Yes, what you decide today will impact your future in ways financial, medical and career-wise, but does delaying consideration now change such a projection of future events?

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is never an easy dictate of imaginative musings; but when the warning signs are emitted, both from one’s own body as well as from the harassing actions of one’s own agency and the U.S. Postal Service, the reality is that the future of now, and the now of one’s future, have coalesced into a moment of necessity where time stands still and the world is about to shift in directions beyond your control, unless you take those affirmative steps necessary to secure the benefits for a future uncertain at a date unknown.

Sincerely,

Robert R. McGill, Esquire