Tag Archives: federal medical retirement due to ptsd and tbi veteran

FERS Medical Retirement from OPM: Internal Turmoil

A man walks out early in the morning to retrieve the newspaper thrown onto his driveway; from across the street, you see him; he looks vibrant, confident, self-assured; you think to yourself, “Why can’t I be like him?”  A woman, well-dressed, punctual, competent, with always a smile; a sure “go-getter” who will climb up the corporate ladder with ease; you think to yourself, “Some people are just successful and happy.  Why can’t I be like her?”

The calm before the earthquake; the tectonic plates which are invisible and the above-surface topography which has been undisturbed for centuries; then, one day, the calamity occurs, and buildings collapse and countless lives are buried and lost.  What happened?

It is always the unseen, internal (or beneath-ground) turmoil which is the “true” essence of a life, a geographical location, or an entire population which masks its veiled soul.

Plato and the entire history of Western Philosophy were based upon unmasking the essence of Truth by digging beyond the appearance of Falsity.  Human Beings, particularly, have a great knack for hiding the internal turmoil which is the truth of what we are.  The smile which masks the saddened eyes; the outward appearance of confidence which is a facade for the depression and sadness within; the quiet steadiness of nature before the convulsion of the volcanic eruption; all, the internal turmoil, hidden by the falsity on surface’s artificiality.

For Federal employees and U.S. Postal workers who suffer form a medical condition such that the medical condition can no longer be masked, it is always the internal turmoil which cannot be contained, restrained or curtailed forever.  It may be time to prepare, formulate and file an effective Federal Disability Retirement application under FERS laws, through the U.S. Office of Personnel Management.

Contact a FERS Lawyer who specializes in Federal Disability Retirement Law, and begin the process of quieting that Internal Turmoil before it erupts like the quiet volcano waiting to reveal itself from behind the facade of contained quietude.

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: Annoyance or Irritant

They are both nouns, but the difference is one of perspective — of the view or angle from which it is felt, experienced, encountered or received.

To that end, it encapsulates the dichotomy between subjective and objective; for, the former normally refers to one’s subjective experience, the state of being or the sensation the “subject” experiences; while the latter refers to a substance — an “object” out there in the world outside of our internal, subjective sensations — which causes discomfort or a phenomena of displeasure.

An irritant may cause an annoyance, and an annoyance can be an irritant, and it is the classic distinction between the “inside” as opposed to the “outside” experience.  We can refer to certain chemicals, cleaning fluids and the like as irritants, but we normally do not declare that they constitute an annoyance; although, the linguistic lines are not so strict as to prevent a person from saying, for example, “That woman’s perfume is somewhat of an annoyance”.

On the other hand, one might refer to someone’s constant manner of clearing his or her throat in mid-sentence as an “annoyance”, but because it does not directly impact one’s own physical well-being, such a quirk is likely not referred to as an “irritant”, although one may use the adjective form of the word and confide that the person’s manner is “irritating”.

In the end, the two words are somewhat similar in meaning but reveal their differences from the aspect of perspective — of whom, or from where.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition prevents the Federal or Postal worker from performing one or more of the basic elements of one’s Federal or Postal job, it is important to understand and appreciate the distinction which the U.S. Office of Personnel Management often makes between “objective” evidence and “subjective” evidence.

OPM will often twist and misapply the law, and make you think that certain medical evidence deemed “subjective” are like second-class citizens and less than credible, and will insist that only “objective” evidence is acceptable.  Don’t let OPM fool you.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and let not the ignorance of the law defeat your quest to obtain an approval from the U.S. Office of Personnel Management, and don’t let the word-games irritate or annoy you.

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 Medical Retirement under FERS: Primary Questions

You can easily get entrenched within a morass of details.  Primary questions — those issues which, when addressed and answered, essentially take care of sub-questions and lesser categories of details — need to be identified and prioritized.

Many people are unable to recognize, identify and extract the primary questions.  Why? Because, if you are unfamiliar with the paradigmatic, upper echelons of the legal criteria being applied (for instance, in a legal matter), then how are you going to be able to “separate out” the proverbial grain from the chaff?

At all 3 of the main stages of a Federal Disability Retirement case — at the Initial Stage; if denied, at the Reconsideration Stage; if denied a second time, before an Administrative Judge at the U.S. Merit Systems Protection Board — it is important to either preemptively or actively discern and discard the unimportant side-issues, and to focus upon the primary questions in a Federal Disability Retirement case.

The rule of life always applies: Prioritize; identify the primary questions and issues; take care of what is relevant; then, the rest of the “minor details” will often naturally fall to the wayside.

Sincerely,

Robert R. McGill, Lawyer

 

Federal & Postal Disability Retirement: A Reason for Everything

Why must we attach one to each event, every occurrence, all episodes?  Is there one for everything?  Must there be a “reason” for every event in life?

We require explanations — whether of a transcendent nature, a motive or a foundation explaining a causal connection; but is the necessity inherent in the event, or does it reveal more about ourselves as a species which demands a rational explanation?  Does it matter, ultimately, whether the rising of the sun is explained by referring to the awakening of the gods or that the revolution of the earth rotating around the sun explains the phenomena, and that the sun doesn’t actually rise, but because of the spinning cycle of the earth, dawn comes upon us?

Of course, in daily living, whichever explanation we accept — whether of the gods yawning and awakening or the more “scientific” explanation about planets and their rotational movements — matters not except perhaps to raise eyebrows during the course of a conversation with your boss, but it does, of course, make a tremendous difference if you work at NASA and are planning the next space mission.

We seek a reason for everything; that is the nature of human beings, and for Federal employees and 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 reason given to the question, “Why me?” may not be a simple one.

Filing for Federal Disability Retirement benefits under FERS may not answer the age-old questions concerning causality, but it will at least allow you to focus upon your health and the priorities in life.  Consult with an attorney who specializes in Federal Disability Retirement; at the very least, some of the questions and reasons concerning the complex conundrum concerning disability retirement may be answered.

Sincerely,

Robert R. McGill
FERS Disability Attorney

 

Federal Disability Retirement: The infinite we seek

What is it about the things which defy limit; endless and vast beyond our capacity to comprehend, and yet we cling to concepts that cannot possibly be embraced precisely because the finite cannot delimit the infinite; for, to do so is a contradiction in terms?  Does language capture the infinite?  By knowing its definition, is there anything beyond being able to cite the description of the concept?  Why is it that some concepts are denied comprehension even though we can, by rote memory or simply by looking it up on our Smartphone and regurgitating that which someone else has written, describe and delineate?

Say, for instance, a lay person asks a Cardiac Specialist what is involved in a heart transplant, and Doctor X explains to Information-Seeker-Y the process of how the body is opened up, the various veins, ventricles, etc., snipped here and severed there, and what the dangers are, the risks posed, etc.  At the end of the explanation, we somehow feel satisfied that we have been informed of a procedure which we have never experienced, likely never witnessed and certainly will never undertake — yet, we believe we “understand’ the process.

Similarly, can a blind man who can explain the complete process involved in flying a plane say that he “understands” it fully?  And what is the fine print involved in “fully” as opposed to “partially”?  Yet, if we give the definition of “the infinite” as involving X, Y and Z, and “fully” delineate and explain the conceptual apparatus that makes up our understanding of it, nevertheless, in the end we are allowed to say, “But no one really understands what the infinite is, because we are finite beings.”

That is partially the brilliance of Anselm’s Ontological argument — of defining the infinite as “That than which nothing greater can be thought of” — a jumble of confusing words which seemingly bifurcates the finite from the infinite, but juxtaposes them in an aggregation which makes it seem like it makes sense.  In the end, it is best to know one’s own limitations and, by doing that, at least we can possess the knowledge that humility leads to greater wisdom through finite means of grasping the infinite.

For Federal employees and U.S. Postal workers who recognize the enormity of the process of filing for Federal Disability Retirement benefits under FERS, through the U.S. Office of Personnel Management, it is best to understand that the “infinite” — as defined as that which is limitless, endless and beyond measurability — can be applied to a bureaucratic process that involves multiple layers of incomprehensible complexities.

The infinite is a conundrum; the Federal process of preparing, formulating and filing for Federal Disability Retirement benefits is analogous to the infinite.  As such, it is wise to seek the counsel and advise of someone who specializes in Federal Disability Retirement Law — of a being who is that than which nothing legally can be thought of (i.e., an attorney who exclusively handles only Federal Disability Retirement cases).

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Representation: The habit that prevents

Kant was known to have followed a daily habitual routine that was marked with such precision that townspeople would set their watches and clocks by his various points of presence — i.e., if he was by the butcher’s shop, it was 3:15:17; if at the corner of Kroenigsburg Street, 3:16:09; and when he turned the corner of 7th and Main, it was 3:20:12.

One wonders if, had he paused at a random street corner to sneeze, would time have stopped, the universe become paralyzed, and the gods of the underworld been defeated in paroxysms of trembling fright?  Or, had he broken the daily routine of predictable sequences of the uninterrupted sojourn, marked by the two-steps-tap-tap with the cane of his choice, over and over again — step, step, tap, tap; step, step, tap, tap — would anyone have noticed?

Certainly, the townspeople would; and perhaps his rigid philosophical outlook, his moral foundation of principles that forever retained the universality of truth — maybe rigidity may have faltered and we would all be the poorer for it.

Could his mind have expanded into other arenas of philosophical discourse had he traveled beyond and broken the habit that prevents?  Does one’s actions of daily monotony determine the “type” of mind, thoughts, conscious processes, cognitive approaches, etc., such that there are habits that limit, prevent, pause or otherwise freeze?

Habit is a peculiar trait for human beings; it offers both solace and a sense of security in the very regularity of its path, somewhat like the repetition of a musical stanza that is both anticipated and relished despite its very predictability.  It becomes a harmful dependency, however, when the habit that prevents begins to forestall, stunt and actively become an obstacle that restrains necessary growth.

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 employee from performing one or more of the essential elements of one’s Federal or Postal job, it may well be that the habit that once allowed for success — of being punctual; of overextending one’s capacity in order to accomplish the impossible; of having such a dedication to “the mission” that one’s own health was always secondary — while honorable and laudatory while it lasted, may be the habit that now prevents.

Prevents what?  Of seeking greater health, of changing course in order to set a different goal; of preparing, formulating and filing 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.

Sometimes, the habit that was once a positive trait becomes one that prevents, depending upon changing circumstances and altering contexts, and for the Federal or Postal employee needing to break the habit of always working for the “mission of the agency” or to complete all tasks for the Postal Service, preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with OPM, may be the best next habit that results in more than the monotony of a daily walk, but a step which breaks the routine of all prior steps in order to reach an important goal — one’s health.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Being too kind

Can we be so? Is there a tipping point on the pendulum of sugary personalities where the spectrum of color-coded warnings tell us to be wary, for danger lurking within a context where one becomes suspicious of a conversation turning to an overabundance of kindness? Is there such an event, a personality, a characteristic and a trait of opposition as “being too kind”? On a spectrum or scale of revealing who or what a person is – does kindness turn about into an antonym of sorts, and become naked meanness or obstructive disregard in malfeasance by neglectful ignorance?

Can parents be charged with negligence or criminal neglect because they are “too kind” to their children by allowing them to do as they please?

Can a sugary-sweet conversation engaged in with a superior turn out to be a deliberate intent to elicit responses where safeguards are lowered and one’s instinctive inner alarms of suspicion are temporarily abandoned? If a person is truly “too kind”, does being so become a detriment, or a badge of honor that allows for one to pass through life with ever a smile on one’s face? Or, behind closed doors, in the dead of night when the darkness shrouds the turmoil brewing in ones’ inner thoughts, at what price does being too kind extract, like that pound of flesh diminishing the weight of relevance for each of us in a world known to be mean and unkind?

We all accept predators and other animals of wolverine intent; and there are surely angels amongst the population who wander throughout in order to touch the hearts for the pleasure of gods in the underworld of eternity; but of those who by personality quirks or some missing link in the Darwinian universe of survival instincts, do the opposites of kindness equal the mathematical rule and create the sum of meanness, or its very opposite, of angelic qualities rarely encountered in this universe of cynicism?

Then, of course, there is the dismissive wave of the hand of which no one wants to fall within that category: “Oh, he’s a nice enough guy” – a declarative which, when properly interpreted, means: “Irrelevant; not worth spending more than a few seconds with”. For, being too kind has two faces to it: Whether of a perennially naïve character, such that the person with that eccentricity can be trampled upon and yet remain so; or, there is an underlying and often malicious intent beneath the veneer of such kindness.

For Federal employees and U.S. Postal workers who are considering filing a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, to be filed with the U.S. Office of Personnel Management, remember that there is always a history of repeated conduct by Federal Agencies and Postal Facilities, which should forewarn you about a person, an agency, a department of a facility, that suddenly is being too kind.

For, always remember the childhood fable about Grimm’s or Perrault’s eternal truth, as depicted by Little Red Riding Hood; and, depending upon the version written, you may not want to get into that bed with a grandmother who has a long and suspicious-looking nose, as well as other telling features that should ring the alarm.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Other people’s misery

Why is it that the misery of others tends to soothe our own?  Yes, yes – we grant the common and appropriate responses of heartfelt empathy and facial frowns and perhaps even some tears; but in the end, is it because of the resulting comparative analysis – of a cold, rational and logical methodology of responsive behavior – that we appease the gods of fate in some primitive form of sacrificing others, knowing that so long as the traveling karma has not yet noticed our own plight of devious accord, we are safe for another day?

Or is there some false paradigm upon which most of us operate – that economic prosperity is based upon a limited “pie”, and we must take a set portion before it disappears, or protect the leftovers we have salvaged against the ravenous predators who seek to deprive; or that chance and statistical ascription of proportional divides mandate that there is only a predetermined reach of human misery on a macro-level, and so long as that preset number is satisfied, such tragedy of suffering will leave us untouched?

We certainly have a history of such mythological adherence; whether of man’s historical conduct by religious fervor and slaughter in the name of heavens unreached (which has still not quenched its thirsting pinnacle of folly, as current epics attest to), or in the silent quips and prayers uttered to protect ourselves from nature’s fury; we believe, somehow, that but for the grace granted by an unfathomable other, we would experience the plight of those whom we would rather avoid like the plague.  Or is it much more basic – somewhat like the epidemic which takes the life of another, and the thought is, so long as the infectious predator busily devours and destroys the next guy, you are immune to its distracted attention?

We certainly find relief, and even enjoy the consternation of discussion, in other people’s misery; to stand around and about gossiping of trials and heartaches inflicted (with the distinction appropriated that, because the point of such exchanges are meant to be “helpful”, so the difference between “malicious gossip” and what we engage in must by definition allow for the momentary lapse from decorum) upon “poor Joe” or “Aunt Emma”, all the while making sure that the concealing mask bordering upon frowns and distraught distractions would not betray the sense of relief felt that it is the “other” guy whose misery remains.

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 positional duties, the thing that must be known and recognized at the outset is that the human need to embrace, discuss and “do something about” other people’s misery, is that the “other” person is you.  Thus, whether in a small department or a larger agency where anonymity prevails, or in a small post office or larger postal facility, the gossip which runs throughout will be like an untamed fire where no amount of extinguishers will control the spreading of it.

Preparing, formulating and 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, is the only way to control the discussion of that which once was the subject of another, when the “other” of other people’s misery becomes the object directed at you.

Sincerely,

Robert R. McGill, Esquire