OPM Disability Retirement: The Winning Argument

Most arguments are not won by sheer force of logical persuasion; for, that would require the assumption that not only does everyone think “logically”, but that everyone also has been versed in the technicalities of propositional and syllogistic logic, has studied them and accepted them as overriding and dominant methodologies of discourse.

We like to harken back to the classical period of civilization’s cradle and cloak our biases with Aristotle’s dictum that we are all “rational animals” — implying thereby that our thought processes are powered by a predetermined set of algorithms characterized by the model of a supercomputer.  Yet, we — as fallible human beings ourselves — instinctively know better.  People do not think, leaving aside argue, by mere logical rules and discourses of such modalities; there are almost always other factors involved, whether of emotional ties, internal egoistical motivations or just the pure and unadulterated need to win at every engagement.

Aside from such human factors, however, is there an “objective” standard that characterizes a “winning argument”?

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, it is essential to put together a FERS Disability Retirement application with this in mind: How to effectively put forth your case with “the winning argument”.

The U.S. Office of Personnel Management is never there to “rubber stamp” a Federal Disability Retirement application.  They are there to parse, tear apart and potentially undermine, and it is important to recognize the pitfalls and shortcomings of your particular case before putting together arguments that will ultimately win your case.

Consult with an attorney who specializes in Federal Disability Retirement Law today so that you can begin to formulate “the winning argument” that will obtain an approval of your Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement under FERS: Know Thyself

As to the familiar saying — of “knowing one’s self” — what can it possibly mean?  The saying, “Know thyself”, was inscribed on various temples in Ancient Egypt and was known to be one of the Delphic maxims.

Socrates, of course, taught a variation of the statement, contending that the “unexamined life is not worth living” — but the question which immediately comes to the fore is: At what point do we examine ourselves?  Is it a daily, continuous engagement?  Do we wait until we reach various stages of our lives before proposing such an examination?

For most of us, we don’t have the time or energy that Socrates had — of constantly stirring up trouble and pestering and peppering this person or that with questions that are meant to confound, confuse, irritate and provoke; and to examine one’s life is to constantly ask questions which we may know not the answers to.

Is it the questioning itself which is so important (one might posit that such an approach to life is precisely what Socrates himself believed)?  Were the questions posed by Socrates actually answerable, or were they just rhetorical flourishes meant to undermine the accepted, normative conclusions of the day?

To that extent — of questions without necessarily expecting any definitive answers — perhaps if Socrates were to appear in this age, he would be overjoyed with the way in which we live today: of therapy accepted as the modality of self-examination; of the explosion of “self-help” books and the payment-for-services of “life coaches” and “experts” on “living”.

Ultimately, “knowing thyself” is an endeavor that has no boundaries and cannot expect definitive answers, precisely because the “self” is an ever-expanding phenomena and “knowing” is never a static activity.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition is preventing the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the maxim of “Know Thyself” is an important element in making a decision concerning Federal Disability Retirement.

You must know what your job is; what your physical or mental capabilities are; and whether you can continue on in the job that you hold.  Further, it is the maxim itself which should lead you to consult with a Federal Disability Retirement Attorney, that is, a lawyer who specializes in preparing, formulating and filing an effective Federal Disability Retirement application; for, in the end, to know thyself is to gather knowledge from all sources in an effort to “know” and to clarify the boundaries of “thyself”.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: Sad stories

Is sadness relative?  Are there sad stories that are so sad that even the ones that were considered sad prior to the sadder story being told, somehow nullify the lesser sad stories and make them into not sad stories?  Do we, after hearing the sadder tale, turn to the first story teller and say, “Yours was not so sad, after all, and in fact you have it pretty good”?

If a person tells of having just buried his mother, and you ask, “How old was she?”  He responds, “She was 95”.  Then, someone else says, “I just had to bury my 5 year old daughter.”  There would be a dead silence, would there not?  Surely, we say to ourselves, the death of a person who had a long life is not nearly as sad as the ending of one so tender in years, and as death is merely a part of life, there is something inherently sadder about the child’s life ending than that of a person who had a long life?

Both represent a life ended, but it is the knowledge that the former had fulfilled the natural course of a life while the latter was the victim of an early tragedy, unnaturally ended and interrupted for all of its promise, hope and anticipation for the future – surely, there is a qualitative difference between the two sad tales?

Or of someone who was recently fired from a job and is desperately trying to seek new employment; say that person is looking through the want-ads in the employment section (yes, yes, that is entirely outdated nowadays with special apps for resume-sharing and online submissions, etc.), and in the course of searching, reads a story about a far-off country where war, famine and general devastation are ongoing, and discovers with interest a sub-story about a family that is homeless and is being hunted down by enemies, etc.  Does one at that point straighten one’s posture and declare, “Wow, even though I am jobless, I have it pretty good in comparison to that family in country X”?

Yet, if sadness is relative, does that necessarily negate the sad tale completely, or does it merely reduce its impact and value until another comparative judgment is made?  Do we go and search out a less sad tale after debunking the sadness of one’s own with a sadder tale, in order to “restore” the sadness of our own?  Or, does each sadness remain a sadness in isolation regardless of the comparative sadness to another’s?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the sadness of that medical condition becomes such and to an extent where the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal job, it may become necessary to prepare, formulate and file an effective Federal Disability Retirement application, ultimately filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Sadness aside, every tale of ending a career is a sadness in and of itself, but the key to getting beyond any such sadness rests in the next steps, not in the footsteps of one’s past or those of others, but in getting good legal advice and moving on into the next phase of one’s future.  Anything else would, whether in comparison to another’s sadness or not, be the truly sad tale of sadness defined.

Sincerely,

Robert R. McGill, Esquire