Federal Employee Medical Retirement: Choices

The anomaly: If we don’t know of them, we have none.  In the objective universe of a perfect world, we would know of each and every one, and moreover, the consequences of each were we to choose them.  As defined, wisdom is the capacity to take current experiences and project them for future application; but if a person is without knowledge of the availability of choices to be made, where can wisdom be applied?

One’s choices are limited by the lack of knowledge one possesses, or has access to.  That is why “insider trading” provides an unfair advantage of choices — of trading certain stocks and gaining wealth, precisely because one has obtained knowledge which others do not have access to, which allows for accumulation of greater wealth based upon the information obtained.

Once a person has access to relevant knowledge, then the avenue of choices opens up for that individual, and then the choices to be made determine whether or not such knowledge is put to good use.  “Good use”, of course, is the key in determining whether or not a wise choice has been made; for, even with relevant knowledge, a person is still able to act unwisely by making a bad choice.

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 choice to file for Federal Disability Retirement benefits under FERS, through the U.S. Office of Personnel Management, should be based upon relevant knowledge — of the laws, regulations and statutes pertaining to Federal Disability Retirement Law.

That being said, the choice of “going it alone” or of consulting and retaining a Federal Disability Attorney is entirely up to each individual.  However, the choice of wisdom should always listen to the small voice which begins with the path of wisdom: A person who represents himself has a fool for a client.

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: Self-Doubt

We all go through such periods.  Whether real or imagined — and, often, the latter is of greater exponential magnification than the former — our sense of worth; our confidence of competence; our capacity to “get things done”, begins to wane.  Perhaps it is merely a period of lesser productivity; or, of intervening personal difficulties or tragedies others cannot penetrate.

We engage in self-doubt, perhaps without even being aware of it.  It is often helpful to have a “significant other” or some close friend to be blunt and honest, and to provide an objective, unbiased perspective.  Sometimes, it just takes an unequivocal statement: “Joe, you’re being too hard on yourself. You are still the same person as before”.  Or: “Susan, maybe you made a mistake here and there.  Don’t let it get you down; everyone makes mistakes.”  But of a medical condition, the devastation can be, not only of reduced physical or cognitive capacities, but often the greater problem of self-doubt.

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 all of the essential elements of his or her Federal or Postal job, self-doubt can be a devastating residual aftershock resulting from the diminished capacity as a consequence of the medical condition itself.  It may be time to prepare, formulate and file an effective Federal Disability Retirement application under FERS, with the U.S. Office of Personnel Management.

Contact a Federal Disability Attorney who specializes in OPM Disability Retirement Law, lest self-doubt not only follows upon the medical condition itself but, moreover, turns upon itself into self-loathing.

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 Medical Retirement: What is the Goal?

Is it to merely reach retirement age?  Does it matter what the “quality” of life will be, or is it just enough that one has reached the age and “time-in-service” requirements, despite being debilitated by a medical condition?

Goals are funny animals; once set, most of us are determined to reach them no matter what the cost.  Yet, there is no unchangeable rule that states that a given “goal” cannot be modified.  Yes, we tend to liken goals to “rules” by which we play games, conduct sports events and live our lives according to the “laws” of which we are aware.  But personal and professional goals — they are set within the constrictions of our own minds, desires and will, and can be modified as circumstances change.

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 question must be asked, What is the Goal?

If a career goal is impacted by a medical condition, then the goal itself must by necessity adapt to the new circumstances.  Filing a Federal Disability Retirement application is a form of adaptation to a changed circumstance.

Consult with an OPM Disability Attorney who specializes in OPM Disability Retirement Law, and consider what the goal is, in the first place, and secondly, whether your present condition and circumstances might not warrant a modification of that original goal.

Sincerely,

Robert R. McGill, Esquire

 

Filing for Federal Disability Retirement: The Traveling Show

Remember those amazing traveling shows?  Whether for a circus, an amusement park, of various booths and exotic people doing tricks, talents otherwise unappreciated; or, as in foreign countries, with a monkey (or two), a bear or some other intelligent species ready to perform for the gathering audience.

In modernity, they are, for the most part, erasures of history; forgotten, if barely remembered; shows that foretold of an earlier era, of a time when entertainment was scarce and anomalies fewer.  Of course, we are more sensitive to quirks of nature, as well — and find it repulsive to pay in order to stare at people with mishaps and disfigurements; and so that is perhaps a good thing, as we have a deeper collective consciousness for the feelings of others.

In a way, however, aren’t each of us somewhat of a “traveling” show?  We enter into the lives of others, “travel” through, then disappear, leaving behind memories positive or negative, departing for other destinations while separating from the sequestered lives of those we encountered, touched for a day or embraced for a fortnight.

Filing a Federal Disability Retirement application, whether under FERS, CSRS or CSRS Offset, is often likened to those antiquated “freak shows” — everyone is interested; the crowd gathers; the gossiping reverberates throughout the trembling audience in anticipation of the story’s end.  What will they say about you?  How will they remember you?

The spectacle of the uneventful; that is what so many of us now live for but for the boredom of something different.  Or, perhaps, it is likened to the Roman Coliseum where the tigers and lions were about the devour for the entertainment of the masses.

Regardless of how it is viewed, for the Federal employee or U.S. Postal worker who needs to “travel” away from the crowd of curious onlookers, it is important to prepare well and formulate accurately an effective OPM Disability Retirement application, lest the “Roman centurions” over at OPM ready their swords to slash and destroy one’s Federal Disability Retirement application, looking upon it as nothing more than another traveling show making its way through the discourse of time.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Information: Present Priorities

Present priorities differ from past ones, if only they have now passed as being present and thus are no longer priorities, as it is often the circumstances as presented in the “now” which matter most to us, as past priorities have lessened in terms of impact, significance, relevance and current importance.

The present priorities that were in existence a decade ago may no longer be the same priorities of the present of today; for, today’s present priorities have changed with the alterations of time, the focus of growth and maturity and their impact upon one another; and it is the context of today, the circumstances of the current period, that matter most to us.

Yesterday, the present priorities may have been the dinner or social function for that evening, or the open vacancy for this or that opportunity.  Then, a major “other” event occurs — perhaps the birth of a child or the death of a friend or relative — and suddenly, the priorities that seemed of such importance and consequence just yesterday, may seem trivial and insignificant today.

Medical conditions, too, seemingly have such an impact — of putting upon us a “reality check” that fades everything else into mere background noise.  What does it matter how one’s career is going, if you come home each night exhausted and unable to enjoy even the opening sonata of a symphonic masterpiece? Or if all of one’s weekend is merely to recover from the week’s fog of endless work, or of vacations and sick leave exhausted to endure constant and incessant testing and treatment regimens that leave no time for pleasure?

Whatever the present priorities and how they differ from past present priorities, one thing is clear: One’s health remains constant throughout, and preparing, formulating and filing a Federal Disability Retirement application, to be submitted ultimately to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, reveals that the present priorities of the most important priorities always endure, and that must always include one’s health and well-being, as the application for an OPM Medical Retirement is more evidence that the focus upon past priorities must be re-thought in order to accommodate the present priorities which are of greater importance and significance now that one’s health is at stake.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation Federal Disability Retirement: Law’s efficacy

When is “the law” effective?  Especially when speaking about an administrative procedure such as filing a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset – what role does “the law” play in its procedural and substantive aspects?

Multiple distinctions are made on a daily basis with respect to the law’s efficacy; whether something is “legal” or not does not always mean that it is enforceable, for the costs associated may be prohibitively expensive.  To have a “legal right” does not always mean that one should necessarily assert it, for there may be practical considerations that come into play before moving forward with applying that which is rightfully existent.

Further, the mere fact that the law may be “on the books” may not necessarily mean that a society will always raise it up from the dead and apply it; for, as customs and normative constraints alter, modify and become transformed by evolution of thought, it may well be that dogs best left sleeping are the ones who are never bothered.

In Administrative Law – which Federal Disability Retirement issues are a part of – there is always the question as to what role, significant, relevant or somewhat in between, “the law” plays, as many steps throughout the procedure and process must deal with non-lawyers who have no clue as to the existence, force or applicability of legal matters.

Thus, should the “Bruner Presumption” be argued at the initial stage of a Federal Disability Retirement application even though the OPM administrative specialist who is reviewing the Federal or Postal Disability Retirement claim may have no clue about its impact, doesn’t much care and will likely not give much thought to its contextual relevance?

Does Bracey v. OPM matter when discussing the finer points of issues pertaining to accommodations and reassignment, or is that merely some esoteric legal argument that should be reserved for the Third Stage of the process, if and when a Federal Disability Retirement application is denied twice (both at the Initial Stage of the process, as well as at the Second, Reconsideration Stage) and is appealed to the U.S. Merit Systems Protection Board and comes before an Administrative Judge?

Should Simpkins versus OPM always be argued for Veterans with Service-connected ratings, no matter what the ratings are comprised of?

The law’s efficacy is ultimately determined not necessarily by the quantitative bombardment of effective methodological argumentation, but by the qualitative selectiveness of who to argue to, when to argue and for what purpose.  In the end, law’s efficacy is a strategic component that may determine the successful or otherwise outcome of a Federal OPM Disability Retirement application, and should be considered thoughtfully and with great preparation.

Sincerely,

Robert R. McGill, Esquire

 

Federal Medical Retirement: Plato and Play-Doh

If a person says to another, “Have you used Play-Doh” and he answers, “Well, yes, but only as it applies to certain situations in my life.  Otherwise, I tend to rely upon Aristotle in a more pragmatic, scientific approach.”

Somewhat taken aback, the inquiring mind restates his position, saying, “No, no, I meant, have you played with Play-Doh?” Still not distinguishing between the inserted alternative of a consonant (the “D” in Play-Doh as opposed to the “t” in Plato), the responding individual states again, “Well, conceptually Plato is difficult to ‘play with’, as you state it, in that you have to first understand the conceptual paradigms he posits, then…” and the same person goes on to provide a full-fledged, half hour dissertation on the esoteric aspects of a Dead White Irrelevant Philosopher (otherwise known by the acronym, a “DWIP”).

At this point, frustrated, the inquisitive interrogator walks away, throwing his hands up in complete confusion and befuddlement.  What does one do?  How is the incommensurate encounter resolved?  Question: Does the fact that we “hold” in the base of our minds a certain spelling of a word make a difference as to intent and deliberative motive, when what we “speak” out into the objective world makes the receptor of the word, phrase or sentence interpret it as something different from that image that we behold in our minds?

How does one close the chasm between subjective thoughts and objective reality?  Do we approach it in a different way – and does the problem really remain in the subjective domain of the questioning individual insofar as he or she is unable to, incapable of, or otherwise unwilling to alter the originating course of his posited query?

In other words, shouldn’t the person have restated his conceptual query in the following manner: “Oh, I see.  You must have misunderstood.  I am talking about ‘Play-Doh’ – the clay-like substance that we all used to play with as children, and I thought I saw some when I visited your house the other day.”  To which the responder should appropriately state, “Ah, I see now.  You must excuse me. I am concurrently reading Plato’s Dialogues and I mistook your question to be referring to that.”

It is, then, the capacity to listen carefully, to recognize the response given, then to respond back appropriately and relevantly that often dissipates any compelling reason to become frustrated.

Similarly, for Federal and Postal employees who are attempting to respond to the U.S. Office of Personnel Management’s subsequent queries, or even in response to the Statement of Disability’s questions (SF 3112A) that need to be answered, the Federal or Postal employee who is attempting to formulate an effective Federal Disability Retirement application must take care in bridging that gap between subjective reality and objective communication.

There are many “tricks” to the “trade”, and OPM has probably dealt with them all; but the one trick that OPM cannot ultimately ignore, is the tricky web of legal precedents and prior MSPB and Federal Circuit Court decisions that compel them to act in ways that they cannot forego.  Legal argumentation is an art form that should not be ignored, and whether you are asking about Plato or Play-Doh, remember always to include in any Federal Disability Retirement application an effective legal argument that persuasively argues the legal precedents applicable in your case.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Tantum ergo

It is the incipit of the last two verses of a Medieval Latin hymn written by St. Thomas Aquinas.  Aquinas is best known for his inclusive osmosis by fiat of stretched logic to accommodate and force commensurability the texts of the ancients (i.e., Aristotle) within the essential boundaries of Christian theology.  His methodology in accomplishing this feat was to posit the weakest of straw man arguments, then to systematically appear to knock them down, and then to declare a forceful conclusion as if the ergo naturally and rationally followed.  That the conclusion is followed by verses subsequent, reflects how life works as well.

Sometimes, we mistake the “Hence” or the “Therefore,” and believe (wrongly) that nothing should follow.  But such conjunctive adverbs are often confused as if they denote answers to mathematical calculations.  Life rarely works in that manner, and it is entirely right that the tantum ergo should follow with additional discourses upon the beatific vision of the hymnal’s content.  Indeed, that is how we often and mistakenly live our lives – to accept with resignation that the declarative utterance, “Therefore, so great,” results in a quietude and silence of subsequent ceremony.  We wait upon it, and when it comes, we submit and concede.  Or, as in cases more common, it never comes, and thus do we surrender.

That is how Federal employees and U.S. Postal workers who are on the verge of preparing a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, approach the impending suspicion of doom or failure; the Tantum ergo is declared by the Federal agency or the U.S. Postal Service, and the Federal employee or the U.S. Postal worker accepts it as gospel truth, when in fact one should always recognize a countervailing principle of life:  a lie is a lie, is an untruth, is a lie, is a mis-statement of the law, is still a lie.

This author will not go so far as to say that Human Resource offices throughout the Federal Agencies systematically engage in disseminating falsehoods; perhaps, many merely relate the misinterpretations gained through osmosis of gossip; but, in any event, whether from a Federal agency or the U.S. Postal Service, the groundless surrender based upon a seemingly unassailable declaration that, “Therefore, so great” – whether referring to itself; whether in misstating the legal consequences of failed accommodations and the impact upon filing a Federal Disability Retirement application; of failing to inform the Federal or Postal employee of the rights of filing with the U.S. Office of Personnel Management – the Federal and Postal employee should always be cautious of taking as face value a declaration by the Federal agency or the U.S. Postal Service that single utterance of self worth:  “Therefore, so great.”

Especially when it is referring to itself; always, when ascribing motives unstated; and forever, when trying to undermine the Federal or Postal employee.  And as to the multiple verses which follow upon the Tantum ergo?  Mistake not:  there is always life after Federal Disability Retirement; and let not one be fooled into thinking otherwise.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal & Postal Employees: Clarity of purpose

It is always a burden when the passageway beyond is a mist of obscurity.  It helps to possess it, even in partial shades of inane generalizations; but lack of it, especially in youth, is neither a crime nor a blot of misdeeds upon one’s reputation so early in a life or career.  We have known them, whether as a “type” or an individual; that rarity of endangered species where the target-point of life is an unwavering straight line directly from birth to death (or at least for the moment when a career goal is sought).

Clarity of purpose is something one “ought” to have, but rarely manifested in the lives of ordinary people.  We talk of a nation’s “manifest destiny”, or of the importance of having some “foundation” in life; of faith, purpose and a desire or motivation to – what?  That is often the problem; not so much that we have no purpose in life, but that clarity of that essence is too often subverted by events unasked for and circumstances untold.

In W. Somerset Maugham’s novel, The Razor’s Edge, where Larry merely wants to “loaf” after his traumatic wartime experiences –  does lack of clarity of purpose as defined by conventional society evince a mere deviation of acceptable behavior, or constitute a complete violation and breach of man’s destined existence harkening from the residues of Puritanism and religiosity in general? (Note the comedic definition of Puritanism from H.L. Mencken:  “The haunting fear that someone, somewhere, may be happy”).

Modernity no longer believes in destiny, fate, or purposeful existence; and thus do we lack great figures, anymore – as Churchill who consistently defied death in war because of an inherent belief that he was destined for greater things, and thus the gods would not dare to undermine that predetermined fate of life.  Instead, the insidiousness of Darwinian belief – a foundation where reductionism to pure materialism and life lived by sensation, pleasure and tactile responsiveness:  these are the purposeful endeavors for us all.  It is, however, still a requirement that, in order to reach a destination of accomplishment, we “clarify” the “purpose” for which we engage to act.

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 position, the need to define, refine and clarify such a purposive action is a crucial component in the successful formulation and filing of a Federal Disability Retirement application.

Wandering and meandering with merely a general sense of what needs to be done, like Larry Darrell’s search for meaning in Maugham’s masterpiece, will likely result in a denial by the U.S. Office of Personnel Management.  There are legal statutes to consult; case-law that should be cited; and a streamlining of medical evidence in order to pinpoint, with circumscribed accuracy, the argument and methodology for approval of an OPM Disability Retirement application.

In sum, there needs to be a tactical and strategic clarity of purposive action throughout, in preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: A break from the quotidian

Is there ever a release from the commonplace?  We take it so for granted – those mundane occurrences of daily living – until the greater pain of life’s misgivings overwhelm and supersede.  The quotidian is a fancy term for the everyday; that routine which we engage in from the moment our eyes open, the sleepiness is cast aside, and the feet are sheathed into slippers or socks, or perhaps not at all; and all that was just described, as well, constitutes the quotidian.

How can we speak of that which occurs daily, is of the commonplace, and provides no fodder for interest or spark of fiery eyes?  Have you ever had a conversation that recurs almost daily, as in the general small-talk with the clerk behind the counter brewing the coffee, or the next-door neighbor who relishes the horsepower of a lawnmower just purchased – and wonder how the stifled yawn might unravel the boredom of life’s privacy?  Where are the gods who once ruled the earth, the mammoths of being who roamed the terraces of epic battles now lost in mythologies severed from the culture of vacuous minds?

Yet, it is by the quotidian that sanity is maintained, where interest is imposed and character is developed.  We often wish for that which we do not possess, yet, upon the embracing of that which we desire, we realize the ineptitude of life’s misgivings and hope for change where alteration of purpose is the last thing we require.  Like Nietzsche’s Eternal Recurrence, the reenactment of life’s quotidian muse will, with boredom and repetitive insanity, compel us all across eternity of time and limitless space, to relive that which causes us to become overwhelmed with somnolence of misbehavior.

Have you ever had a conversation with someone who is clearly bored, until a word is spoken, a thought conveyed, and a spark of life is seen in those dull eyes which dispossessed life’s gifts just a moment before, and suddenly becomes a burning fury ignited by an unknown flintlock exploding with colorful trepidation?  Perhaps you cannot even fathom what compelled it, but it is there, deep in the recesses of the window to the soul of a being, and suddenly, there is life where once but a moment before, death’s promise had overwhelmed and overtaken.

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, a break from the quotidian is often the search for that mundane part of life which seems forever lost.  For, when a medical condition begins to overpower, it is precisely the quotidian that is sought.  Others may not understand that, and many will never comprehend 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 often the first step in that journey where the quotidian is indeed the epic goal to attain, and when the greater historical deed would be traded for a mere good night’s sleep and a moment of quietude away from the anguish of one’s own medical condition.

Sincerely,

Robert R. McGill, Esquire