FERS Disability Retirement Law: Philosophy Gone Awry

Philosophy was always about asking universal questions.  What is the meaning of life?  What is truth?  What is Being?  Does God exist?  Are there eternal principles of moral import?

Philosophy self-imploded when it exhaustively asked such principled questions, failed to answer them, then questioned itself for failing to arrive at conclusive answers.  But the questions left unanswered were never meant to present an unfinished query.  Universality in the question itself did not mean that universality in the answer would ever be achieved.

The questions were to be answered for the individual; the universality of the question was merely meant to indicate a wider sense of applicability — not to fit every circumstance, everywhere, for everybody.

Philosophy took a wrong turn when Wittgenstein mistook the need for relevance greater than for the individual.  To that extent, he was correct to abandon philosophy in his early days and instead to become a primary school teacher in a small town in Austria — Trattenbach — for, the experience of daily drudgery, ending finally in striking a poor student for not being able to answer a question posed, then lying about it.

A logician who cannot abide that a conclusion reached in the particular can follow from a premise of a universal, philosophy had gone awry when the answer became more important than the question.  In the end, not all questions need to be answered; for, some questions are important merely in the questioning itself.

For Federal employees and U.S. Postal workers who need answers to questions concerning the particulars in a Federal Disability Retirement application, you need not worry about the ‘universals’ concerning OPM Disability Retirement Law — for, it is the ‘particulars” of case laws, decisions from the MSPB and the Federal Circuit Court of Appeals of precedents already established, which become the “arguing” points in putting forth your application.

Let philosophy die, as Richard Rorty used to say, its quiet death, but let Disability Retirement Law be argued by those who are competent to do so.  Contact an attorney who specializes in FERS Disability Retirement Law, and do not concern yourself with Philosophy gone awry.

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.

 

Office of Personnel Management (OPM) Disability Retirement: The Agony of Purgatory

Of course, it is only strictly applicable in Roman Catholic doctrine, as the Protestant set rejects the existence of such a concept.  Whether one accepts such a precept or not, one must be forced to acknowledge the creativity of it.

It is like a fairytale story of a son who loves his parents who are atheists and, upon their death, comes up with the following idea based upon logic: God is good; my parents, despite being non-believers, were essentially good people.  God would not punish good people.  Therefore, there must by logical necessity be a place where good people can have a chance to expiate their “sins”, and that place is deemed “Purgatory”.  It makes sense.

The Agony of Purgatory, of course, is that you are stuck in a middle kingdom. — like quicksand or the fear we all had as children when we went into a department store or a hotel where there was a revolving door — you know, the ones with small, V-shaped sections that you had to quickly squeeze into, and where you feared your older brother or sister would jam it at the precise moment, and you would be stuck while everyone watched you, laughing uproariously at being caught in purgatory.

For Federal employees and U.S. Postal workers who suffer from a medical condition where you can no longer perform all of the essential elements of your job, you understand and feel the Agony of Purgatory.  The medical condition has you stuck; your Agency is contemplating letting you go or doing something to get rid of you; and you don’t quite know what to do to expiate those “sins” you have allegedly committed.

Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law and consider getting yourself out of the Agony of Purgatory, whether you believe in Roman Catholic doctrine or not, and begin the process of preparing, formulating and filing an effective Federal Disability Retirement application under FERS.

Sincerely,

Robert R. McGill, Lawyer

 

FERS Long Term Disability Benefits: The Edge of Doubt

It is that place where one teeters; of that gnawing sense and feeling.  It often occurs with one’s faith — of an abiding doubt, healthy in order to keep the questions active and relevant.  For, as one grows older, one often becomes entrenched in beliefs of yesteryear merely because we held them the day before.

It is in youth where the incessant questions arise; middle age, when the weariness of unanswered queries exhausts us to a point where we simply give up; and in old age, when we arrogantly believe that wisdom somehow occurs through osmosis.  The edge of doubt is the point where we must force ourselves to look out over the precipice and consider the options.

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 edge of doubt is when you recognize the impact upon your ability and capacity to continue in your career.

Contact a FERS Disability Attorney who specializes in OPM Disability Retirement Law and consider whether or not the edge of doubt may require you to prepare, formulate and file an effective Federal Disability Retirement application under FERS.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employee Disability Retirement: The Goal of What?

Goals are important to have.  They provide for a destination point; a place where dreams have been projected unto; the ends for which we strive.

We often live by metaphors, and the one which pervades often encompasses sports and competition, of “goal posts” and “end zones”, of the last second buzzer where the swish of the ball sinks into the netting and the crowd roars in a unison of applause (although, even that has now been taken away with the Coronavirus pandemic); or even of a “finish line” in a marathon or the checkered flag for the fastest car.

It is, in the end, the goal to win, the goal to pass through, the goal to reach.  But what about the road taken, the path traveled, the route that is considered?  What if all of that changes, and the goal itself can no longer be reached without doing harm to one’s self?  Should a quarterback continue to play despite an injury?  Should a runner continue to “press on” despite doing harm to him or herself?  Shouldn’t the goal change in order to accommodate the altering circumstances of an individual’s trek?

The question thus becomes: The goal of what?  Is it worthwhile to reach retirement age if to do so will leave you in a debilitated state?

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, the goal may well remain the same: Of retirement.  It may just be necessary to take the retirement a little early by filing for Federal Disability Retirement benefits under FERS.

Consult with a FERS Attorney who specializes in Federal Disability Retirement Law, lest the goal of what becomes too poignant a question such that the goal posts become too far removed and beyond reach.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement from OPM: The Fun of It All

Is that the point?  Do we live because there is a balancing of accounts, and so long as the right side of the ledger has enough checkmarks on the “leisure” side of life, where fun, joy, entertainment and self-satisfaction retain more fulfillment than on the left side (i.e., where work, drudgery, misery and repetitive monotony are recognized) — then, it is all “worth it”?

Do we continue on because of the “fun of it all”, or do most of us merely endure life, barely acknowledging the futility of our efforts and the inevitable melancholy of our lives, paused and interrupted only by the temporary suspension by sleep or daydreams?

We whisper our fantasies: “Oh, wouldn’t it be nice if…”.  It is the “Ifs” of life that transport ourselves from the reality of our condition into transferences of fantasies where for a brief moment a virtual reality replaces the starkness of present circumstances.  “If only I had a million dollars” (although, in this day and age, with inflation and the monetary devaluation of purchase power combined with the exponential increase of modern life’s consumer appetites, such a paltry amount barely makes a difference, anymore); “If only I had done X when I was younger”; “If only I had invested in such-and-such stocks”; “If only …”.

Like the overused reference to Sisyphus and the rolling boulder that never ceases, the toil that forever must be embraced and the daily grind that always remains, the fun of it all was always a misshapen goal that was never to be. Obligations in this society are no longer recognized; duties are easily abandoned; there remains only the barrenness of an isolated existence.  Where was “the fun of it all”?

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, it may be time to prepare, formulate and submit an effective Federal Disability Retirement application through the U.S. Office of Personnel Management.

Consult with an Attorney who specializes in Federal Disability Retirement Law.  For, even if one’s Federal or Postal career was never sought based upon the illusion that life and a career should be pursued for the “fun of it all”, if the medical condition has stripped away even the illusion one once possessed, then it is time to seek a remedy for a replacement illusion.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: Proper Sequence

For Federal employees and U.S. Postal workers seeking to obtain a Federal Disability Retirement, is there a proper sequence in preparing the Standard Forms?  Does it matter if one set of forms are prepared or taken out of sequence?

Or, is the fact that the two primary sets of forms — the SF 3107 series and the SF 3112 series — are already provided in an ordered manner (i.e., for the SF 3107 series, first the “Application for Immediate Retirement”, then the Schedules A, B & C, then forms for the Agency to complete; and for the SF 3112 series, first the “Applicant’s Statement of Disability”, then the Supervisor’s Statement, the form for the Physician, etc.), reflective of the sequence one should complete them?

This, of course, brings up another and more important question: Would you trust the government to look out for your own best interests in completing the series of Standard Forms (i.e., SF 3107 series and SF 3112 series) in the order that they want you to complete them, or should you complete them in a manner that looks after your own best interests, separate and apart from the order that the Federal Government and OPM wants you to fill them out?

There is, in the end, a proper sequence to everything, and preparing, formulating and filing an effective Federal Disability Retirement application, to be filed through the U.S. Office of Personnel Management, is no different from every other kind of form and content to be completed.  The way and manner that OPM and the Federal government wants you to complete a Federal Disability Retirement application does not necessarily imply any nefarious intent; it is just a difference in deciding whose best interests are you looking after — your own, or OPM’s?

In the end, all of the Standard Forms (again, the SF 3107 Series and the SF 3112 Series) must all be filled out completely, and some might conclude that the order and sequence of completing them shouldn’t matter, inasmuch as they all have to be completed anyway.  But you may want to pause and reflect for a moment: Does “proper sequence” imply that the Federal Government and OPM have prepared the SF 3107 and SF 3112A for the benefit of the Federal Disability Retirement applicant, or for their own convenience?

Tricks tend to trip, and the trips are not merely the destination from point A to point B, but a hidden accident waiting to happen if you don’t complete SF 3107 and SF 3112 in their proper sequence — and that means, not necessarily in the order of their appearance.

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

 

OPM Disability Retirement from Federal Government Employment: The broken record

Does the metaphor have any meaning for modernity, anymore?  Those discs made of shellac resin or vinyl, pressed into magical ridges where the needle would remain stable but for the warbling of the maze; but somehow that circular maze of ridges would have a scratch, directing the point of the needle to continue back into the previous ridge just traveled, like the lost child who cannot see beyond the walled ivy and keeps running frantically in circles, exhausted by the endless infinity of a pathway unable to be traversed beyond the limitless circularity of a philosopher’s argumentum ad nauseum, where tautology of teleology is likened to the boulder being pushed by Sisyphus.

But what of the individual who has never experienced the encounter with a broken record – neither in real life, nor in watching a movie or other inane television show where the manual labor of carefully lifting the needle by the undercarriage of a forefinger, then placing it gently onto the groove closest to the condemned one, possesses no contextual significance because of a lack of knowledge?

Those who have been dated by “aha” responses to such metaphors, take for granted such commonplace declarations; and when we meet with blank stares and confused eyelids, it dawns on us that there is no replacement for an actual experience of descriptive content.  For, the efficacy of the idiom itself is immediately lost upon an attempt to explain:  “You know, when a record starts to…”

And what of times previous to the introduction of the gramophone (boy, now we really are reaching back into time) – did the men and women from an era now past have such peculiar dialects that described repetitive droning of whining and complaining?  Was it something akin to, “Stop acting like a baying hyena,” where pioneers settled lands still dominating with lurking cries of wildlife and unsettled voices?

And what of foreign lands – countries afar and across the great oceans – did they recognize and identify the relevance of the repetition emitted by the spherical looping back upon a scratched surface, or was it ignored in other dialects as a ho-hum matter not worthy of creating a modern-day idiom to be added to the dictionary of everyday expressions?

The metaphor of the broken record is one whose utility has long passed; but for Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition has become a chronic state of inability in performing one or more of the essential elements of one’s Federal or Postal positional duties, the underlying and substantive content of the intersection with one’s career and life, remains relevant.  For, to the Agency, the U.S. Postal Service and the Supervisors, Managers and coworkers with the Federal Agency or the U.S. Postal worker – they view such chronic medical conditions like a “broken record” – of a fellow Federal or Postal worker who cannot “carry his or her” weight, anymore, and begins to treat the “situation” accordingly.

Human empathy lasts barely for a day; pernicious antagonism continues well beyond.  When it becomes clear that the Federal or Postal employee will no longer be able to abide by the conventions of the Federal or Postal rules, and others begin to view the use of Sick Leave, assertion of FMLA and constant need to shift workloads to others as acts to be punitively responded, it is time to consider preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, in order to have that undercarriage lifted and placed gently onto the next ridge of one’s life, in an effort to avoid the metaphor of being a broken record.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Benefits: Book Review

Generally, this blog does not review books; however, exceptional works may prompt exceptions to the general order of things, where relevance of subject and beauty of personality may coalesce to consider a slight change of venue.  The work itself will neither become a masterpiece nor a conversation focus beyond a generation or two, as the world it describes is quickly fading into the sunset of eccentricity and scarcity of understanding.

Tim Sultan’s book (and from the jacket cover, it appears to be his first one at that), Sunny’s Nights, is a mixture of reportage, love of character and annotation of provincial myth.  It somewhat follows a format of modern trends in such novels: alternating upon a spectrum of the microcosm of life (Sunny’s, the extended family, and the author’s own) to wider philosophical insights (history of the neighborhood, cultural changes from the turn of the last century into the 20th and to modernity) portending of the macro-impact of a lost and fading relevance; but it is the author’s love of the main character (Sunny), the loss of humanity (through shared anonymity of a genuine speakeasy) and the wit, humor and sharing of stories, which makes for a work beyond an ordinary read.

The author is quite obviously a good listener (to the multiple tales of life and love as told by Sunny); his love of words reflects the warmth of camaraderie he feels for his characters; and his own insertion as a participating protagonist never detracts from the trilogy of subjects:  the place (the bar which is discovered in the outer periphery of societal acceptance, where the characters meet and enjoy the company of each other); the people (Sunny, his heritage, and the people who gather at the bar); and the growing loss of community with the encroachment of technology and cultural upheaval.

It has all of the ingredients for the making of a quiet work of art, as it reveals the best of any great story — a main character of complex fortitude.  For, in the end, every book worth reading should provide for an understanding of complexity, human failure and microcosm of achievement, and not necessarily in that order.

Tim Sultan’s work, Sunny’s Nights, is an enjoyable read at worst, and at best, a recognition that in the end, life fails to mean much unless one listens carefully and plods along searching for the company of community.  And, in the end, isn’t that the same for Federal employees and U.S. Postal workers who seek an alternate venue when a medical condition arises and the Federal or Postal employee must 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?

When 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 positional duties, the loss of a similar trilogy occurs:  the place (one’s position with the Federal agency or the U.S. Postal Service); the people (coworkers and friends developed over the many years through work and community of contact); and the upheaval from the changes prompted from one’s medical condition and the inability to continue in the career of choice.

Not everything in life is limited in relevance or meaning by the circumstances of one’s present condition, and for the Federal or Postal worker who is considering filing for Federal Disability Retirement benefits through OPM, taking a moment to read Tim Sultan’s book, Sunny’s Nights, may allow for a momentary time of distraction from the daily agony of a progressively deteriorating medical condition, and to help focus in the preparation of an effective Federal OPM Disability Retirement application and the challenges the Federal or Postal worker must face in the days ahead.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Myth of Upward Progression

We like to think that life is represented by a linear curve of upward progression; in reality, most of us reach an apex, then remain static and content in the late summer years of our lives.  There is nothing wrong with such a state of affairs; as contentment and comfort embrace a spectrum of stability, so the refusal of change and resistance to vicissitude are not indicators of laziness, as once thought in former days of youth where transition, sacrifice and relinquishment of stability were necessary for purposes of future advancement.

Most of us, within a defined minefield of progress and regress, remain within an invisible glass casing of immobility.  Perhaps there is a major financial setback in a given year; or, a promotion or cash incentive award had not been achieved; but in the year following, or the next beyond, it is attained; or an unexpected windfall allows for greater stability least anticipated and most gratifying.

In a sense, we delude ourselves.  But so long as we remain within a constancy of comfort, where an appearance of major retrogression cannot be palpably discerned, contentment prevails, and the bother of breaking new grounds, moving to a larger house, taking on greater responsibilities, adding to headaches and stresses, can be quietly forsaken, left with the self-satisfaction that quietude is a byproduct of a goal once sought for, and achieved without fanfare or celebration.  It is when the bounds of contentment are scattered, the barriers of satisfaction crumbling, when the call to action is suddenly a turmoil of exoneration, and peace as shattered glass stepped upon in bare feet of bleeding souls, that affirmative movement must then be spurred, leaving behind those spurned opportunities once thought cumbersome.

Medical conditions have a tendency to create such circumstances of unrest.  For Federal employees and U.S. Postal workers who suddenly find that the chaos of inchoate situations developing because of a chronic and progressively deteriorating medical condition impacts upon the Federal or Postal employee’s ability and capacity to perform the essential elements of one’s positional duties, the possibility and need for 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, becomes a reality which disturbs and perturbs the quietude of living contentedly.

When a medical condition disrupts that glass bowl of satisfaction, the myth of upward progression becomes shattered, because suddenly all that one has worked to achieve may be in doubt.

Most of us are happy to just find that small oasis within the turbulent oceans of insanity we designate as “civilized society”; but for the Federal or Postal employee who must contend with a medical condition such that the medical condition threatens the very foundation of one’s hard-fought dreams and desultory circumstances, consideration needs to be given to preparing, formulating and filing for Federal Disability Retirement benefits through OPM, if only to resist the temptation that static circumstances are a foregone conclusion, or that the myth of upward progression cannot be defeated by planning for the next great adventure in this, a universe of turbulence of unexpected turmoil.

Sincerely,

Robert R. McGill, Esquire