OPM Medical Retirement under FERS & CSRS: Chess

Two quick observations about the game of Chess and those who play it:  Few are actually very good at it; and, like self-image and a false sense of confidence for many in the United States, too many who play it believe themselves to be very good at it.  Stefan Zweig wrote about the game brilliantly in his novella, the “Chess Story” (or otherwise translated or sometimes referred to as “The Royal Game”), and debunked the notion that the greatest of players are by implication, necessity and prerequisite of an intellectual character, either as brilliant mathematicians, logicians, musicians, philosophers, etc.

The “brilliant” chess player, Czentovic, is a moron at best, and a blithering idiot at worst — but boy, can he play chess and beat everyone and anyone.  To some extent, the reality of Bobby Fischer confirms the skepticism of Zweig as told in the Chess Story — of the idiot savant whose distorted singularity of brilliance being limited to the ability for adeptly maneuvering within 64 squares of white and black spaces and utilizing 16 pieces each in a game that requires foresight and some amount of insight.

That is not to say that one should minimize or diminish the attributes of a Grand Master and, indeed, many such people were “brilliant” in other ways, as well.  One cannot make generalizations and say that every good chess player is a blithering idiot; but nor can one assume that, because one is good or great at the game, ergo he or she must be an intellectual, philosopher, physicist, etc.  The downfall of most is in the notion that you are good because you think you are good; for everyone else, the tempering of reality normally comes about when one’s own notions come into contact with the reality of the world.

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, initiation and submission of 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, may become a necessity.

Filing an OPM Disability Retirement application is somewhat akin to playing chess — from the crucial initial “move” of the pawn, to maneuvering your way through the landmines of a complex administrative and bureaucratic process, until the final stage of a “checkmate” that results in an approval from OPM.  But the game of chess is not merely the physical aspect of it, and encompasses a wide range of psychological characteristics — of fooling one’s self into greatness; of becoming overconfident; of underestimating one’s opponent.

Similarly, filing a Federal Disability Retirement application with OPM is not just the “physical aspects” of filing — it must encapsulate proper legal citations; persuasive argumentation; careful gathering of information, evidence and documents, etc.  And like the fool who believes himself to be a great chess champion, one should always remember that being the “best” at something doesn’t just involve thinking that it is so, but should include consultation with an expert to objectively determine it to be so.

Sincerely,

Robert R. McGill, Esquire

 

Early Retirement for Disabled Federal Workers: Playing with words

What does it mean when a person alleges that you are “just playing with words”?  It is like the non-lawyer public who charges that a certain criminal “was gotten off on a technicality”, whereas the universe of lawyers sees that as a tautology:  Of course the person was found innocent based upon a “technicality” — for, isn’t all of law just that: a technicality?

There is, of course, some kind of implication that seeps beneath the surface of such a charge — that there is an inherent dishonesty in the manner of speaking certain words; that there is an “intended” or primary meaning of the usage of certain words, phrases or concepts, and that when they are taken out of context, seemingly used for a different, perhaps nefarious or self-interested purpose, then one is “playing with words” because dishonesty must by consensus be the condemnation of words used as toys in the hands of a thief.

What would the negation of the allegation be: of a person who declares suddenly, “You are not playing with words”?  Is that the appropriate charge when a person is blunt — like the current political arena of this new breed who says outright that which others merely reserve thoughts for in the privacy of insular lives?

Is that what diplomacy is substantively about — of “playing with words” so that double and triple meanings can be conveyed, leaving everyone paralyzed and motionless because no one knows what everyone else is thinking — at least, not in any precise manner?

Or, perhaps there is a different sense, as in: Words once upon a time held a sacred status and when we demean, abuse or misuse words in a certain way, then we can be charged with “playing with words”.

Sometimes, there are instances in which meanings are “stretched”, or when conclusions that are declared in an unequivocal manner do not coincide with the findings made or the evaluative analysis conducted, and so there is a “disconnect” between fact-finding and conclusion where a person declares unequivocally:  They are just playing with words.

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 essential elements of one’s Federal or Postal job, 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, may become a necessity.

In that event, recognize that the entire endeavor is a complex administrative and bureaucratic action that must engage the arena of “words” — and some of it may involve the “playing of words” in the sense that you may have to tinker with different sets of words where comfort and becoming comfortable with unfamiliar concepts and phraseology “come into play”.

When an individual — you — who suffers from a medical condition which you must then step “outside of yourself” in order to describe yourself in “objective” terms, then it can become an oddity which may seem like you are “playing of words”.  In such an event, it is often of great benefit to consult with an attorney so that the very person utilizing the vehicle of words in describing one’s self is not the same person “playing with words” as the very person who suffers from the descriptive words being played with.

Sincerely,

Robert R. McGill, Esquire

 

Legal Representation for OPM Disability Claims: The stand-around guy

It is pointed out in contrast to the other finger pointed towards another — not the “stand up” guy (or girl), but the “stand-around” guy (or girl).   The former refers to a person who can be trusted at all times, is straightforward when asked about his or her opinions on a matter, and is generally known as an individual of “good character”.  By contrast, the latter describes a person who is unsure of himself; who loiters because he cannot decide what his purpose is for being anywhere; and is generally picked last, or next to last, when teams are chosen for a pick-up game of basketball or touch football.

It refers to a person who is the “extra” and the odd-man out where, on dinner dates of foursomes or six-somes or whatever-somes, arrives alone and makes it into an awkward three-some, five-some or other-some with an odd number.  She is the little sister tag-along, the younger brother pop-up character and the whac-a-mole that keeps reappearing no matter how many hints are given that his or her company is no longer needed, is undesired or otherwise disinvited; but to be direct and pointed to the stand-around guy would be cruelty in its worst form, as he or she doesn’t quite understand or would rather be subjected to the indignities of being the butt of all jokes rather than to be sent off into the lonely despair of self-confinement and isolation lost upon an island of one’s own thoughts.

He is the person who arrives and never knows where to stand; the last one to be seated, and only if their is an available chair vacated; and yet, the last one to leave despite the desertion of a party where he was unnoticed, never talked to nor engaged and included in conversations where circles and semi-circles of people gathered but no one noticed.

The stand-around guy is the “extra” on a movie-set hoping to get noticed, yet too fearful of such notoriety; and as the activity of the main set continues to focus upon the stars and central figures upon the stage which we call “life”, he or she shuffles about for years and extending into decades, unknowingly contributing to the drama of civilization’s inertness where kindness is rarely shown, humanity is concealed from history, and the cruelty to life’s misery keeps bubbling to the surface like a volcanic eruption percolating unnoticed beneath the seething surface of hidden appearances.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, does it often seem like the rest of the Federal Agency or the Postal Service is beginning to treat you like the “stand-around guy”?

Is it recognized and subtly acknowledged that you are no longer part of that “mission”, and because of your extensive leave-usage or LWOP excessiveness, or merely because you asserted your rights under FMLA, that now relegated into that status of persona non grata, the leper who was mistakenly given a pass out of the leper colony, or like the individual who says things embarrassingly in crowds of socialites who snub their noses at those who feign to be a part of the pseudo-aristocracy?

If you are beginning to be treated like that stand-around guy, it is likely time to begin to prepare, formulate and file an effective 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 — lest the stand-around guy becomes the invisible man whose memory is quickly extinguished because of a removal action that came suddenly and unexpectedly from the upper echelons of powers-that-be, who decided to rid the Agency or the Postal Service of that stand-around guy whose presence was no longer needed.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: The futile treadmill

If an alien from another universe came to visit the world of Humans and somehow landed within sight of a gym or some semblance of a physical fitness facility, and remained invisible to the watchful eye, the single contraption that would puzzle and befuddle would be the treadmill.

For, ambulation upon the mechanical device would surely be observed; and upon a certain amount of time, the alien visitor would reflect that the person who remained upon the contraption would suddenly depart and actually go from Point A to Destination B, and so the puzzling conundrum of query might be: What in the world (or universe) was this person doing walking upon a revolving platform without going anywhere, then leaving it behind to then go somewhere?

All geared up with wires and headphones, with digital monitors that made beeping noises and flashing signals — but going nowhere; whereas the alien, who is dependent upon sophisticated time-warp technology in travel and transport, would consider the exertion of physical ambulation to be a primitive form of an inconvenience to reach a destination point, but would be quite enthralled by this act of futility upon a treadmill.

It is, indeed, an absurdity when one pauses and reflects: of a contraption that moves as if one is traveling, but without an individual who has any intent of reaching any particular destination point.  Or, what if the alien visitor were to view a randomly selected community from above — comfortably watching from its invisible spaceship hovering with telescopic devices — and sees the hundreds, nay, thousands of joggers and runners who begin from destination Point-A and…returns to destination Point-A.  Would that not similarly confound, confuse and befuddle?

From the perspective of the outsider, the futile treadmill has no purpose, no rationale, and certainly no cogent explanation that would account for the manner in which many of the human species behave.

For Federal employees and U.S. Postal workers who are on a similarly futile treadmill — that of attempting to continue to work despite having a medical condition that tells you otherwise — it may be time to begin contemplating preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

Federal Disability Retirement is precisely that benefit that is meant to get you off of the futile treadmill, and to begin to allow you to secure your future, as well as focus upon your health.  Getting off of the futile treadmill is the difficult part — of your dedication to your work and career; of the comfortable salary or wage that is being earned; and of the sense that, so long as you remain on the treadmill, somehow it will get you somewhere beyond the point of your medical condition.

Sometimes, however, the alien’s perspective is the more objective one, and remaining on the futile treadmill will continue to go nowhere or, worse, it may speed up and knock you off of the treadmill itself; then, what will you be left with?

Filing a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is a daunting bureaucratic process, and the time is likely ripe to begin it now by consulting with a seasoned attorney specializing in Federal Disability Retirement law, lest the futile treadmill begins to leave you behind.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: Perspectives, now and then

We all have them; and, like opinions and other discarded detritus unworthy of further consideration, we can replace them with others.  It is what Plato warned against in his allegorical narrative about the shadows against the Cave walls, and how the true form of reality was presented only after we were unshackled from our lying eyes.

Perspective, now and then, or “now” as opposed to “then”, can change.  It is the “now and then” and how you interpret that dependent clause that often matters.  Is it something that comes along once in a blue moon, or a changed, modified and altered perspective that differs now, as opposed to that obscure “then” – perhaps in youth, in early adulthood or in middle age?  When does a perspective remain constant, wise, worthy and consistent with reality such that we can grasp a hold of “it” and never let go? Or, are perspectives changeable, mutable, subject to reality’s compelling of alteration based upon the fluid circumstances of life’s misgivings?

In law school, there is the classic lesson taught in Criminal Law 101, where the professor has two actors come into the class all of a sudden, struggle, argue, then a loud “bang” is sounded, and one of them runs and the other falls dead.  Then, the students are asked to write down what they saw.  The notoriety of eye-witness accounts being so unreliable is quickly shown by the disparities revealed.

Nowadays, of course, with body cameras and video mechanisms running nonstop , we are subjected to a replay of scene after scene, and perspectives can change – except, of course, as to camera angle; what is actually seen no matter the constant replay; and of when the “record” button was pushed and how much contextual evidence had been left out before, or sometimes even after.

Medical conditions, too, alter perspectives.  Sometimes, when “subjective” medical conditions such as chronic pain or psychiatric conditions of depression and anxiety are never noticed until the severity became too great to bear, the other side of the perspective has to do with believability and veracity of acceptance.

Remember that there is always a difference between having a medical condition, and proving it.  That is why in preparing, formulating and filing an effective 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, the Federal or Postal employee must take into account the differing perspectives, now and then (in whichever form and whatever context) of your medical condition, how others see it, how it is proven, how your agency or the Postal facility views it all – in other words, perspectives far, wide, now and then, in preparing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Medical Separation & Retirement from Federal Employment: Existence preceding essence

Once, in the vaunted Age of Reason, when Western Philosophy reached its pinnacle as the conduit of all knowledge, wisdom and human achievement; and when other disciplines fell under the umbrella and aegis of the methodological sanctity of its pursuit; then, it was determined that time was merely a linear ladder to climb, and all knowledge would be captured like the essence of heightened fragrances in a bottle of perfume, ever sweet smelling and able to conceal the undercurrent of stench.  But then came disenchantment, pestilence, wars and human cruelty — just the regularity in the rhythm of man; you know, those things that are inevitable.

It was thought that the “philosophical approach” begun by Plato and Aristotle would garner the collective wisdom necessary to construct the artifice of a just society.  What we forgot, however, is that “man is man”, and can predictably be counted upon to do those things he has always done:  take advantage; say things he didn’t mean; engage in the cruelest of activities, but describe it as that which is not; and as despotism and totalitarianism grew exponentially in ever efficient machines of death, the culmination of the ashes of human essence resulted in World War II, the death camps and the mass extermination of targeted populations.

The search for the essence of man and other entities effectively ceased, because — while the human species was recognized to have certain tendencies — it became clear that he “made it up as he went along”.  Thus, the thinking went, why not just admit it, submit to it, no longer resist it, and let it just “all hang out”.  Modernity is the just reward for the abandonment of reason; beware of what you ask for, as it may well be gotten.  And so the popularized banner of Existentialism was born — from the ashes rose the proverbial Phoenix, and no longer did we strive to attain the “essence” of human quality, but submitted to the idea that we first come to exist, and each day create our own essence.

Thus the popularized version:  Existence preceding essence.  And we see the evidence of such truth all around us.

For Federal employees and U.S. Postal workers who suffer the brunt of daily turmoil because of a medical condition, such that the medical condition no longer allows him or her to perform all of the essential (there is the form of that word again) elements of the Federal or Postal positional duties, the idea that human cruelty and consequential suffering is a normative standard, is really nothing new under the sun.

Meursault, in Camus’ major work, The Stranger, also saw the disconnect between man’s claim to compassion and humanity, and the actual state of being.

Federal employees and U.S. Postal workers who suffer from a medical condition and who find that the Federal Agency or U.S. Postal Service will fail them in every way, including the artificial attempts at “accommodation”, need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset.  For, there is ultimately life beyond the Federal Agency and the U.S. Postal Service — and one in which you may actually be able to create a “new essence” of yourself, beyond the mere existence presently lived in within the bureaucratic morass of your Federal Agency or the U.S. Postal Service.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement from Federal Employment: The Methodological Approach

Many call in a frenzy of confusion, admitting openly of being lost and not knowing where to begin.  That is always the starting point, as even Socrates conceded — of the hope of knowledge beginning upon a recognition of not knowing (though, if one looked carefully and scrutinized the face and eyes of the old sage, one probably gleaned a twinkle of sly naughtiness).

Philosophy began in ignorance, and from there, attempted to ascertain a methodology of approaching problems in a systematic way, in order to overcome the shortcomings of man’s frenetic inclinations.  Identifying and ascertaining a knowledge of a criteria, a system of approaching problems, and an applied methodology of solving, is the preferable way than that of plugging holes where leaks appear.

Thus, for Federal employees and U.S. Postal workers who need to file 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, it is often necessary to formulate a sequential strategy at the outset, before embarking upon the dark abyss of preparing, formulating and filing for OPM Federal Disability Retirement benefits.

Should certain information be gathered prior to completing the standard forms?  Yes.  What forms are “central” to a Federal Disability Retirement application?  Certainly, all of them, but if timeliness is an issue and the 1-year Statute of Limitations is suddenly upon the Federal or Postal employee attempting to file, then the SF 3107, Application for Immediate Retirement, including Schedules A, B & C, as well as SF 3112A, Applicant’s Statement of Disability, must all concurrently be prepared for immediate submission.

Identification of the essential as opposed to the bifurcated peripheral must be realized; compilation of the proper information, and the laws governing supplementing a Federal Disability Retirement application is essential for a successful outcome.

In the end, as it turns out, Socrates knew much more than he revealed; but the sly sage was wise enough not to engage in the solipsism of later years, like Descartes and the French Existentialists, and by recognizing that lack of knowledge and the admission of such vacuity is the first step towards wisdom, he was able to initiate the prefatory questions in the quest for knowledge in a world devoid of both.

Sincerely,

Robert R. McGill, Esquire