FERS Disability Retirement Attorney Help: Chaos

Age is revealed by the things we relate to.  The word or supposed acronym KAOS — for those old enough — immediately evokes the old and original “Get Smart” series, of an equally inept spy ring (obviously Russian or Eastern European) as the nemesis of the American CIA, both paralleling in their bilateral ridiculousness, both engaging in child-like behavior originating from childhood fantasies of intrigue and secrecy.

But “chaos” itself is no laughing matter.  The thin line between sanity and chaos is a fragile one.  The Greek derivation of the word is borrowed from “abyss” — that emptiness that exists before the Biblical intervention of a Deus ex Machina, where the human abyss is suddenly intervened with a supernatural being who orders the world and resolves all conflicts.  But that such things happened in the “real world” we all must contend with.

In that real world, we all live in the artifice of appearances: Seemingly, there is a happy family, but suddenly, that middle class semblance of happiness is shaken when the spouse finds out that his “till death do us part” partner is having an affair with someone else; or the order of life is unravelling because of some addiction — to pornography, to gambling, to drinking, or to drugs; or, suddenly, a suicide occurs — of a spouse, a child, or other family member; or abuse is occurring, suddenly revealed; and so, chaos enters a life previously thought to be sane, ordered, and manicured beyond reproach.

Disabling injuries or diseases can do that, as well.  What was once “managed”, can suddenly wreak havoc over the life of a well-ordered individual.  That is when a medical condition, for a Federal employee or Postal worker, can become the line-crossing event which propels one into recognizing that there is a need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, under FERS.

Chaos is not so far from the ordered life we believe we possess.  When that recognition occurs, contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law, and begin the process of preparing, formulating and filing an effective Federal Employee or Postal Disability Retirement application, in order to pull you back from the abyss of chaos, back to a time of sanity and ordered 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.

 

FERS Disability Retirement Application Denial: OPM’s Corner of Truth

The term is often applied in economics, where market “forces” represent a quantifiable share of profits and monopolies rule — that such-and-such company has “cornered” the market.  Then, of truth, but in a negative way — that no one has a corner on truth.

In a Federal Disability Retirement case, the U.S. Office of Personnel Management expresses their “corner of truth” in a denial letter — by taking selective extrapolations from medical reports and detailing (sometimes) why certain statements “prove” that a person is not disabled in a Federal Disability Retirement case; or, by asserting that there were no “deficiencies” in one’s past performance reviews; no attendance problems; no conduct issues.

It is a matter of coming up with enough proverbial “holes” in one’s Federal Disability Retirement case, then concluding that the Federal Disability Retirement applicant has “failed” to meet the “criteria” in a Federal Disability Retirement case — and these, in their totality, constitute OPM’s corner of truth.

How to counter this, and what to do to rebut OPM’s corner of truth?  By gathering additional medical documentation; applying the case-law which provides a countervailing view; creating the necessary nexus between the facts, the law, and the medical evidence, and presenting it to OPM in a sufficiently coherent manner as to change OPM’s corner of truth into a truthful tale which tabulates the totality of one’s actual case.

Contact an OPM Medical Lawyer who specializes in Federal Disability Retirement Law and make sure that OPM’s corner of truth is not the dominant quarter; for, in the end, no one has a corner on truth — but merely one of many corners.

Sincerely,

Robert R. McGill, Lawyer

 

OPM Disability Retirement for Federal & Postal Employees: The Fade of Memories

The following statement is likely not a controversial one: 2020 is/was a bad year.  The pandemic; the economic devastation for so many; the contested national election; the various shut-down orders; the caution not to gather and celebrate with even family members; the isolation; the fear; the constant drumbeat of Covid-19 victims.

These are but a few.  Years from now, will the fade of memories give us a different perspective?  Will this past year — like other years in human history — be kinder in memory than in reality? Will words posited by historians in describing 2020 have adequate force, sufficient articulation and relevant linguistic constructs such that they convey the true sense of this past year?  We shall see.

The fade of memories is an important “talent” which human beings possess.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits, isn’t that the whole point — of trying to reduce the stress, to be able to focus upon one’s health, and to attempt to regain some semblance of sanity; and so long as the medical condition impacts one’s ability and capacity to continue working, the devastation wrought by a medical condition will remain at the forefront of one’s daily living.

Contact an OPM Medical Retirement Lawyer who specializes in Federal Disability Retirement Law, and see whether or not the Fade of Memories will not only bring 2020 as a mere passing dream, but as well to obtain a Federal Disability Retirement annuity in order to help improve one’s quality of life.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Forgotten Lives

Is it the memory that retains importance, or the fear that erasure leads to irrelevance that motivates us to prevent forgotten lives?  Does imprint upon history — whether in a footnote or an “honorable mention” in the epitaph of an unvisited tombstone — mean so much?  Does a reference in a Wikipedia listing count as a counter to a life lived in anonymity?

Most of us accept that we will not leave behind a greater imprint upon history’s rising trash heap of honorable mentions; and, except for dinner conversations amidst family gatherings, where someone might bring up a story that begins with, “Hey, remember when Uncle X was with us, the time when…” — we are left to memories forever fading and references served only by the ivy that grows over graveyards left unattended.

How important is it to maintain a semblance of relevance in a world where the 15-second timeframe of fame and one’s forever-statement of contribution to society keeps getting shortened because of the need to move on to the next and more titillating cause of excitement?

One wonders whether a person clings to doing something merely in order to avoid erasure from existence from the memories of those engaged.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition impacts the Federal or Postal employee’s ability and capacity to continue working in the chosen field in the Federal or Postal sector of employment, the issue of making a decision to prepare, formulate and file an effective Federal Disability Retirement application under FERS is often inextricably tied to the emotional upheaval of forgotten lives.

When one’s purpose and motivation for daily living is so intertwined with one’s career, work and the daily relevance of a mission yet to be accomplished, it is a difficult step to take, to recognize that one’s contribution to society may be coming to an end, resulting in forgotten lives and erasure from relevance.

But always remember that priorities must always be assigned, and the priority of one’s health comes before any fear of an honorable mention in a Wikipedia footnote, and just as there is life after a career with the Federal government, so it is also true that history is replete with the unnamed and unmentioned contributions of forgotten lives forever extinguished.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Claims: Present who of past what

It is a peculiarly human endeavor: of looking at a photograph (yes, digital nowadays, no doubt), and trying to discern from a present who what the one-dimensional picture says about what we were doing some years past, or maybe a few weeks or even yesterday.  It is the present “who” of one’s identity, trying to extract meaningfulness from a singular snapshot of an emotional freeze, whether of self-conscious “cheese!” declared knowing that the picture was being taken, or of a cold stare that locks out the soul’s essence of what we actually felt, and trying to extrapolate within a 3-dimensional universe the foundation of what had occurred.

We all play that peculiar game, do we not — of standing in the present by the very being of who we identify as ourselves and looking at a photograph of someone whom we can identify as the “I” in the image before us, and then remembering, with the contextual history hidden within, of the past what that depicts the picture present who stands before staring at the past what; while others may be doing the same thing many times over, multiplied exponentially in volumes unimaginable, yet each instance being insularly singular because there may never be a discussion about the present who of past what that no one talks about?

It is akin to having a medical condition, isn’t it — and of continuing to smile, walk about, carry on “normally” and everyone else in their insular universes not knowing about the medical condition you carry about, and the suffering you must endure because of the present who of who you are but of the past what where others see you and judge you as you were, what you were, who you were, while all the while it is the present who of today that has changed and is no longer the past what of who you were?

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 worker from performing one or more of the essential elements of the Federal or Postal job and positional duties, that feeling is often familiar and well known — the present who of past what.

Others see you and expect the same; you may even appear to be unchanged, but inside, you know that the present who is no longer of the past what, and that is precisely what must be conveyed in preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether as a Federal or Postal employee you are under FERS, CSRS or CSRS Offset; for it is precisely the present who of past what that is the you of today with the historical context of the past what, but nevertheless needing the present who for a future whom no one but you can know or discern.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation OPM Disability Retirement: Arbitrariness of life

What defines arbitrariness?  Is it when there is a lack of pattern, or does our own input of misunderstanding or lack of comprehension determine the defined formlessness of the world around us?  Is Kant right in his implications – that the “noumenal” world that is outside of our sphere of cognitive input remains unknowable, arbitrary, unfathomable and unreachable, and it is only by the categories of internal psychological structures that we naturally impose upon the world, make sense of it, and “order” it so that we are thus able to comprehend it, that such an understanding between the bifurcated universes of the phenomenal world we comprehend and the noumenal world we can never grasp defines the penultimate concept of that which is arbitrary?

And what of the “arbitrary life” – is it merely that which we do not understand, or is there more to it than that?

Most people live lives that establish a consistent “pattern” of progression.  Thus do old sayings go: “A person is a communist in the morning, a radical in the early afternoon, but if he is not a conservative by nightfall, he has never grown up.”  Or even of the implicit response of the Sphinx: “a man who is four-legged, then two, then three” – implies a systematic progression, then degeneration of sorts; in other words, a pattern of life-cycles.

And we expect a blue-print of what it means to live a “successful” life – of education, work, family and career, where there is a consistent increase in wealth, wisdom and weariness of strangers that continues to expand and grow.  But what if there is an interruption to that “pattern” or “blue-print” that everyone expects?  What if misfortune befalls, bankruptcy is added or divorce, death or even a hurricane and flooding descends upon one’s life – does the unfortunate event suddenly make one’s life an arbitrary one? Or, what about the Federal employee or U.S. Postal worker who must suddenly face a medical condition, such that the medical condition no longer allows for the Federal or Postal employee to perform all of the essential elements of the Federal or Postal job – does that make the interruption of life’s constancy suddenly into an ‘arbitrary’ life?

The definition of that which makes X arbitrary is always related to the “randomness” of events; but for human beings, it is indeed the perspective one has and the calm within a storm that influences whether the objective basis of that which is arbitrary is influenced by the subjective approach of a person’s life.

For the Federal employee or U.S. Postal worker who must consider 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 initial steps in preparing a Federal Disability Retirement application may determine, objectively, the future course of the Federal Disability Retirement application itself, as to whether it was “arbitrarily” compiled or systematically composed.

Like the orchestra that has an off-tune instrument, the symphony created will determine whether one’s Federal Disability Retirement application is a crescendo of progression, or merely a disturbing sound of failure.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: The end of Act I, Scene I

Whether it is in some obscure off-Broadway play, or in a Shakespearean tragedy presented with lavish costumes and elaborate affectations, the end in Act I, Scene I sets the stage for the narrative following.  Yes, yes – one can argue that there are “other” scenes, acts, pivotal moments and significant slices which also formulate the argument for such commanding cohesion in a story; but that misses the point – for, if everything is relevant, then nothing is important; and if nothing is important, then it negates the pointing out of relevance itself.

The great Chekhov is the one who pointed out that, if you are going to introduce a shotgun in the first scene, then you must use it sometime, somewhere, later; otherwise, you have left the audience with a titillating artifice with no signification of purpose, thereby failing to be true and honest with your viewers and violating the sanctity of that most important of connections:  the collective belief of the audience of the constructed trust in you.

There are always pivotal moments in every life lived; of remorse and regret too burdensome to live out, or minor irritants of projects left undone and cast aside both in memory and in discourse of behavior.  We often treat the end of Act I, Scene I “as if” – and that is the mistake which the metaphor fails to embrace.  For, there are always many scenes to follow, and when we make too much of a slice of one’s life as that “pivotal” moment of despair and regret, it robs the rest of the narrative and creates a vacuum and extinguishment of life’s subsequent moments of linear significance, like the proverbial skeleton in the closet of one’s hidden past, echoing with haunting sobs of silent regrets, always pulling back into a time of past remorse, when a wider expanse of future hope still resides.

One should always keep a proper perspective, both in living a life as well as in learning of another’s; for, it cannot be that any single slice constitutes the entirety of the greater whole, and to make it so is to miss the opportunities of subsequent events by relying too heavily upon prior travesties.   To dwell on the past and to set a given moment as a sort of eureka event where an epiphany is attained is to remain forever stuck in a quick sand of self-delusion.

For Federal employees and U.S. Postal workers who are intending upon filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, but who – for whatever reasons of regret, remorse of affectations of reaching a seeming epiphany, and thus hesitates for fear of living that regret or remorse – the important thing to consider is that, while the end of a career may well constitute a change of present circumstances, it should merely be likened to the end of Act I, Scene I, and not the end of the play itself.

There is much to do beyond receiving a Federal Disability Retirement – one can, for instance, find a different kind of job, vocation or work in the private sector, and make up to 80% of what one’s (now former) Federal position currently pays, and continue to receive such pay on top of the Federal Disability Retirement annuity.  As such, the Federal or Postal employee should never simply pack up and go home after Act I, Scene I – as there is much left to the narrative, especially when it comes to living the real life of one’s own play.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal & Postal Employment: The Scraps of Life

But that primary utility and first considerations were always so; if we were inanimate objects able to compete, we would raise our hands and volunteer for the front of the line just to be recognized and implemented.  We whine and complain that the dignity and the essence of each soul should be treated not merely as an end, but a means, and thereby treated with respect and empathy.  But of our actions; how we respond; what we are willing to surrender in order to be used as mere fodder for the foul play of fantasies left as scrap heaps of history?  Are we useful?  Of what good are we?  Do we make a difference?

Such questions become the mindful focus of determining the worth of our being.  Perhaps it is the ingrained determinism of the hunter of yore; that the pursuit of the prey in that pool of genetic yonder era when Darwinian structures compelled the need for vainglory conquests; but in the age of quietude of purpose, where civilizations have settled in cultivated corners of sophisticated inaneness, the need to be recognized and judged as useful still follows upon the self-awareness of one’s relevance in life.

The scraps of life — do we see ourselves as such; like the leftovers unappetizingly shoved aside on a plateful of greasy refuse not even considered by poverty or despair?  How does it “feel” to be forgotten in the dungeons of abandoned corners, left as irrelevant and useless remnants in a society which declares worth and value by the monetary assignation on a gold standard no longer applied?

Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition no longer allows the Federal or Postal employee to perform all of the essential elements of one’s positional duties — they know well the feeling of what is meant by “the scraps of life”.  For, the Federal employee or U.S. Postal worker who no longer can show the fullness of productivity, prove the worth of fulfilling the “Agency’s Mission” or meet the daily quota of processing the voluminous mountains of mail — it is, indeed, the treatment of the human being as merely an end, and not as the means for a society unconcerned with dignity or respect.

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 only option left, in order to be allowed to “move forward” with life.  For, in the end, it is the next phase of life, the chapter following, and the “new and improved” menu for the visiting dignitary and wide-eyed tourist, that matters most.

And for the Federal employee or U.S. Postal worker who must cast aside the plate of delectable gastronomics now left as the scraps of life?  Preparing, formulating and filing an effective OPM Disability Retirement application — that is the way off of the plate, and into the furnace of a future uncertain, but surely of greater relevance than to be suddenly lifted and placed beneath the table for the waiting pack of dogs to devour.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS or CSRS: The carefully crafted life

But that we could just write the narrative of our life, reflecting briefly upon our past, describing the present condition of being, but most importantly, to carefully craft the anticipated future of our lives in process.  What is revealed from one’s past is telling of a person’s character; of the present, a manifestation of the compass of one’s heart; and to the narrative of one’s future?  If the cultivation of one’s soul is the essence of the teleological process of life, the content of what we insert into the delineated poetry of future actions will uncover the truth in being of our damaged and tortured souls.

Would the script include fame and fortune?  Encounters with the common and ordinary, or of the arrogant dismissal of all but the beautiful and fortunate?  Would money always be written into the narrative of a future life, or ignored and instead replaced by peculiarities of fantasies, such as time travel, the ability to fly, or defiance of mortality and vanquishing of fear?

What one wishes for, like the genie who grants the dreams of youth, casts aside the veil we walk about with, and reveals all.  But the operative concept often overlooked is not about a crafted life; rather, that “extra” descriptive adverb which denotes painstaking caution and conscientious execution:  How does one “carefully” craft a life?  For, when wishes are offered and granted without constraint, the crafting itself becomes cast away as a mere byproduct and of irrelevant concern, like the human detritus flung out from a window of a speeding car down the highway of reckless disregard.

The care that one takes in crafting a life — now, that is an undertaking few of us attend to, despite every opportunity at every turn in the linear sequence of even the ordinary life of an individual.

For Federal employees and U.S. Postal workers, of course, 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 the Federal or Postal employee’s positional duties, that opportunity is offered in a limited and defined manner — in the form of 2 pathways.

First, by being required to write one’s narrative on SF 3112A, Applicant’s Statement of Disability (where the Federal or Postal employee must describe, delineate and prove a sliced portion of one’s life concerning the medical condition and its impact upon one’s capacity and ability to perform one or more of the essential elements of one’s Federal or Postal job); and Second, by preparing an effective Federal Disability Retirement application and submitting it through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset — thereby formulating the narrative which will determine the future course of one’s life and livelihood.

No, in either case, the Federal or Postal employee will not be able to receive a genie’s grant of unfettered wishes and requests; but that was always the thoughtless residue of a childhood fantasy, anyway.

For, in the end, the carefully crafted life is not one which has any room for the misspent daydreams of a forlorn childhood; rather, the truly substantive content of a carefully crafted life necessarily involves the Triumvirate of the T:  Trials, Triumphs, and some sprinkling of Tragedies; just refer back to Shakespeare, or of Milton and Melville; anything else was merely the storybook fairytales of a bygone memory left behind in the dustbin of a forgotten era.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The script of life

Seeking out the pathways of precognition by consulting with the ancient oracles, was merely that same attempt.  Prediction and foreknowledge were the precursors of script writing; as the former failed to provide an advantageous statistical weighting, so the shift to a more pragmatic approach reflects the recognition that the gods provided no greater insight than mere chance, and so we’d better get on with life and attempt to control fate, destiny and the travesties of life’s lottery by writing the narrative ourselves.

Thus do economic systems of varying control mechanisms arise, where socialism and fascism, state-run artifices constructed to ensure prevention of extremes, thereby comforting us from the worst nightmares and fears born of childhood insecurities.

Virtual reality is safer than real reality; staring into a smartphone and chasing figments of imaginative characters and ghosts that exude cuteness in violent but funny ways, are all preferable to facing the harshness of daily living.  We may not know when we will capture the prize, but the script has been written so that it becomes settled law as to whether.  Reality shows may sometimes surprise, but the unexpected itself is easily anticipated; that is part of the deal, and there is not much art in it after all.

Shakespeare’s quote comes from his play, As You Like It, Act II, Scene VII:  “All the world’s a stage, and all the men and women merely players; they have their exits and entrances, and one man in his time plays many parts, his acts being seven ages.”

Such was the surrender to fate, now replaced by inane self-help books which purportedly boosts one’s self-confidence, makes one look like a Reality T.V. personality, and allegedly creates wealthy patrons of us all.  All throughout, we seek merely to obtain a copy of the script of life so that we can practice our parts, and not have to think about what must be done.  We seek predictability when the world offers chance; beg for mercy, when all there appears is savagery; and fall prey to the oracles of modernity, when even the ancients failed to deliver.

In the sphere of Federal and Postal employees, of course, it is the medical condition itself which was never asked to be included in that script of life.  It is one of those “curve-balls” which happens to the other guy, and never to us; or so we always played our part to live by.  But when it occurs, and life presents the unpredictable in a chaotic universe of harsh reality, we are asked to simply “deal with it”, and so we must.

For the Federal or Postal employee whose medical condition begins to impact and prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Postal or Federal positional duties, the script which must be ad-libbed is the part where decisions concerning the future must be engaged.  Should I file for Federal Disability Retirement benefits?  When should the process be started?  Is it ever too late?  Is the Federal Disability Retirement application filed with my agency, or with the U.S. Office of Personnel Management?  Should I consult with an attorney?

These questions, and many more, even the ancient oracles would not have been able to answer.  The undeniable fact is, that the script of life rarely is written to reflect the reality of life’s harshness; it simply “is”, and must be acted upon according to what is given, even when consulting with the high priest or priestess of the ancient oracles provides only silence and an impervious unresponsiveness.

Sincerely,

Robert R. McGill, Esquire