OPM Disability Retirement under FERS: The Why and How

Science can only ever tell us “The how”, but never the “Why”.  The latter can only be answered by an appeal to a transcendence of Being, going beyond the physical universe.

The human species possesses an inherent need for the “Why” of this world — one needs only to look at a young child who keeps asking, “Why does…” in an endless, repetitive way to realize that satisfaction of the query cannot be accommodated by mechanical explanations, but must always return to first principles, and often intrude into a spiritual realm.

Without that aspect of life, we are reduced to clusters of molecules and cellular blobs. Shakespeare disappears and love dissolves, and we devolve into evolutionary structures of pointless existence.

Logical arguments attempting to reduce everything to scientific explanations miss the point:  For, it fails to consider how the “why” came about.  Why do we even need the rules of logic?    How we come into being is always the minor premise of life; it is the “Why” which forever remains the major premise, which we all must ask and answer in seeking to live a meaningful existence.

For Federal and Postal employees suffering from a medical condition which necessitates filing for FERS Disability Retirement through the U.S. Office of Personnel Management, being befuddled as to the “How” of the process is understandable.

You likely have already answered the “Why” of the process, as in “Why has this happened”, or “Why do I need to file?”— but it is the “How” in this case —the minor premise of the process which still requires the explanation.  And that is understandable, precisely because we live in a physical universe, and more importantly, a bureaucratic world.

Contact today a FERS Disability Attorney who specializes in Federal Disability Retirement Law, and get the answers to the “How” of the retirement process, while leaving aside the “Why” of the process for the individual Federal and Postal employee to answer.

Sincerely,

Robert R. McGill
FERS Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

 

OPM Disability Retirement under FERS: The Choice

Not all Federal Disability Retirement cases are the same.  The strength of a case is most often based upon the medical report and records compiled and submitted; the weakness of a case is often the agency’s contention that there are no service deficiencies, either in performance, conduct or attendance.

Rarely is a disability retirement application based upon a single, catastrophic event — although, that can happen, as well.

Psychiatric conditions are accepted as a viable basis for OPM Disability Retirement purposes, just as much as physical disabilities — a contention which was not the case a decade or so ago.

The choice for most Federal and Postal workers is often a stark one: Either remain at the job; resign, walk away and do nothing; or, file for Federal Disability Retirement benefits.  When a medical condition begins to impact one’s life, the first choice is often no longer a viable one; the second, a foolish one; the third, a decision to be made based upon the strength or weakness of a case.

Contact an OPM Disability Retirement Attorney who specializes in Federal Disability Retirement Law, and begin the process of making the right choice given your unique circumstances.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Perspective Matters

How we see things; whether with a “positive attitude” or one colored with a negative turn; if one believes in the cause, or not; whether one’s initial reaction is one of anger and disbelief, or of despair; for, in the end, tackling issues is not a matter of right or wrong, but of how we view them.

Of course, a positive attitude alone will not necessarily get you anywhere; as reality abuts against the perspective we bring, it is often the combination of a “proper assessment” combined with our attitude and approach which makes all of the difference.  Are we seeing all of the alternatives involved?  Can a better argument be made in such a case?  Have we exhausted all of the avenues of evidentiary findings?  Have we chosen the best arguments?

G.K. Chesterton once wrote that Charles Dickens and H.W. Wells looked upon their respective fictional characters in vastly differently ways: The former, with a fondness like a father upon his children; the latter, with also a fondness — but like a butcher upon the chosen pig.  Both have a perspective of “fondness”; yet, it is an approach from very different directions.

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, Federal Disability Retirement should be an option to be considered.

A medical condition often impacts upon one’s perspective, you should consult with an attorney who specializes in Federal Disability Retirement Law; for, perspective does indeed matter, and the best legal representation is one which objectively evaluates all perspectives that matter.  Consult with an OPM Attorney who specializes in Federal Disability Retirement Law, and see whether or not your perspective is the “right” one.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from the OPM: Chessboard of Life

Is there a difference between an “Eastern” and “Western” perspective of life?  Does the fact that we play one kind of game (Chess) while Eastern nations play another game (“Go”) give us any metaphorical insight into such differences?

The Game of Go uses the intersecting points on a line full of square spaces; on a similar-looking board (depending upon the size of the Go Board), Chess uses the square spaces themselves.  The Game of Go is a more “fluid” one, where the black and white stone pieces will fill the board at the intersecting lines, and thus can move up or down, sideways or diagonally, depending upon the initiation and response of the players to one another.

Chess, on the other hand, can only essentially move forward.  Yes, the pieces can move sideways (the knight, queen and rook, for example) and diagonally (the bishop & queen), but the object of the game is to reach the opponent’s farthest line of square spaces, whereas the Game of Go utilizes the entire board with equal value.

Do the two “games” tell us anything about the way in which we live?  Do we “view” life as a chessboard, as opposed to a Game of Go, and is there a difference in such ways where one can make a conceptual distinction between the two?

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 Chessboard of Life becomes a “match” between yourself and the U.S. Office of Personnel Management.

To “capture” their queen, you must maneuver your way past all of the threatening “pieces” of a Federal Disability Retirement application, and “checkmate” OPM with legal arguments and medical evidence that is persuasive enough.  Whether a different strategy as that applied in the Game of Go should be considered, depends upon the unique nature of your individual circumstances.

In either case, it is good to consult with a “Master” of either Go or of Chess — a FERS Disability Attorney who specializes in FERS Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement Benefits: Silence

Whether of the historical novel by Shusaku Endo or of the film adaptation by Martin Scorsese, the powerful images evoked (or provoked?) by the contrast between noise heard and the silence following can be felt only with the “before” and “after”.  The novel itself is Endo’s masterpiece, although he has written many; and, of course, Scorsese has a long list of accomplishments and commercial successes, but Silence is not one of them— at least not by commercial standards.

It is a serious movie with few bright moments; of contracted theological arguments and disputations revealing cultural chasms so deep that only a simple metaphor can make it comprehensible; of an agonizing series of endless torture; of the anguished, linguistic divide apparent between two countries which fail to understand each other because of the subtleties of language’s disconnect.  And then there is — silence — in contrast to noise; of a “before” and an “after”.

And the questions which foretell of the quietude: Does the lack of God’s intervention mean that there is no God?  Does “speaking” of denying and renouncing, or the act of stepping upon the image of God, determine one’s faith, or can faith be alive within the silence of one’s inner soul?  Can the Peter-like character, Kichijiro, remain a “faithful apostle” despite his breaking of his silence in actively renouncing and apostatizing?  And who has the greater faith — the priest who grudgingly passes judgment each time the apostate comes for confession and forgiveness, or the one who renounces but then confesses and asks?

In the end, Silence is too heavy a movie to be considered “entertainment”, and most people will not want to spend an evening watching a movie that has little joy and less to laugh about; for, the pain that is experienced by so many in this world in the silence of one’s own suffering is torturous enough without asking to view an even greater expansion of such pain and silence.

For Federal employees and U.S. Postal workers who, similarly, suffer in silence because of a medical condition that 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 consider preparing, formulating and filing an effective Federal Disability Retirement application, to be filed through the U.S. Office of Personnel Management.

Consulting and being guided by an attorney who specializes in Federal Disability Retirement Law is likely the wiser course to take, as the bureaucratic morass that one must be guided through can be likened to the foreign country that the priests in Silence had to endure — through the pitfalls of dangers and caverns of unknown territories.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: Blinders

We all have them; whether on windows, around our eyes or upon our minds, they are meant to deliberately obscure and obfuscate.  Can others put them up without our noticing them?  It is theoretically possible, one supposes; but more often, blinders are placed with the consent of the blinded, either by the person wanting them or in conspiracy and collaboration with another.

Originally, they were for horses, attached to the bridle so that the animal would be prevented from being able to see to the side or behind.  This allowed for riding a horse, say, in a congested area in order to limit the spooking of the animal, or merely to maintain a forward-directional focus and helping the animal to cope with the dizzying activities surrounding.  Once the prominence of the horse lessened and depreciated in daily use and value, the metaphors that surrounded the obsolescence of that which was once of utilitarian dominance often became transferred to other linguistic arenas; and so we refer to “blinders” on people or circumstances.

We all walk around with blinders to some extent, of course, and Federal and Postal employees who suffer from a medical condition, such that 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, often by necessity must walk around with blinders securely placed.  Blinders to the future; blinders as to the growing debilitating effects of the medical condition upon one’s ability and capacity to continue in one’s career; blinders as to what the Federal agency or the Postal Service are doing and initiating — of memorandums and paper trails beginning to put the pressure upon the Federal or Postal employee; and many other blinders besides.

In the end, the inevitability of preparing an effective Federal or Postal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, may force one to take the blinders off.  Always remember, however, the importance of those blinders that cannot be put upon another — like, once OPM sees something in a Federal Disability Retirement application and denies a case because of that certain “something” that should have been caught before submitting the Federal Disability Retirement application, you cannot afterwards put blinders on OPM.

To make sure that such an unfortunate circumstance does not occur, you may want to consult with an experienced attorney who specializes in Federal Disability Retirement law, so that you are not left with the blinders that need to be placed, as opposed to those that need to be removed.

Sincerely,

Robert R.McGill, Esquire
Federal & Postal Disability Lawyer

 

OPM Medical Disability Retirement: The complexity of 2

It is the solo flight that presents the escape of simplicity; inclusion of another, and suddenly the complexity of responsibility, duty, obligation and sense of “ought” becomes a part of the entire equation.  At first, it may be love born upon an equal plane; any sense of disproportionality is easily ignored, quickly deflected and unselfconsciously dispensed with; but over time, the complexity of 2 begins to creep in.

It is neither insidious nor inherently negative by artifice; rather, it is the most natural of sensibilities, arising from a knowledge that reliance upon one another not only acknowledges and validates the vows of matrimony, but moreover, the eternal commitment each makes to the other forever forges the bonds of undiluted friendship, like kindred spirits floating in some ethereal universe unperturbed by distractions of consternation consecrated upon the altar of destruction.

Have you ever observed the interaction of singularity?  That is correct – it is simple and uncomplicated.  The asides are mere reflections of one’s own troubles; the soliloquys stated without puzzlement or obfuscation.

Then, if you add a second, the complexity of 2 comes into play – of misunderstandings, miscommunications and loss of solidarity in the oneness of judgment.  What if there are three?  Then, suddenly not only are there relationships between the first and second, but between first and third, second and third, as well as the tripartite interaction between all three simultaneously.  And of four?

The exponential complexity that arises from adding one more to each magnification of interrelationships enhances beyond the mere introduction of another, but creates a havoc beyond the singularity of such an entrance.  Why is this?

One would, on a purely conceptual level, likely argue that since the simplicity of 1 remains so, ergo the combination of each should logically retain such lack of complication.  But such an argument based upon theoretical argumentation and rationality elliptically conducted in an antiseptic environment and context fails to recognize the innate complexity of each human being.

That is why, in preparing 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, the simple-enough questions posed and queried on Standard Form 3112A, Applicant’s Statement of Disability, can never be characterized as “easy” or “straightforward”.

Why?  Because there is the complexity of 2 – or more.  For, while the questions themselves are answered by the singular Federal or Postal employee, there are multiple facets of that same employee which requires a response – the Federal or Postal employee in the status of an employee who suffers from a medical condition; the relationship between the medical condition and the positional requirements of the Federal or Postal job; the Federal or Postal employee in the capacity of his or her personal life; the introduction of the diagnosed Federal or Postal employee with a specific medical condition.

Do you see the complexity?  It is, as always, the complexity of 2.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement from Federal Employment: Magnum Opus

It is applied as the masterpiece and pinnacle of achievement, but is more generally referred to as the identifying crown for an individual of some notable accomplishment in the various fields and disciplines.  There are looser forms of using the term, of course, in common parlance, in a half-joking, half-serious manner; as in referring to one’s spouse with greater humility, or events that occurred with greater consequences than expected or foreseen.  Like Mozart’s Requiem Mass in D Minor or Van Gogh’s “Starry Night”, the Magnum Opus represents the pinnacle of one’s achievement in the career of a chosen field, or within a discipline one was merely destined for.

Most of us, of course, never reach that height of human achievement recognized and lauded by a standard of excellence the world around; mediocrity is the lot of most, and that is okay, so long as the achievements made within the confines of private lives are accorded a similar standard striving to reflect the apex of human worth.  For, the Magnum Opus can be in the simple act of kindness in daily living – of bringing in the garbage can of an elderly neighbor too frail to wander out on a snow-fallen morning, or giving a shelter animal a chance at some semblance of happiness and contentment, and diminishing the violent memories of prior mistreatment and maltreatment.

In the end, it is not the marking of graves with epitaphs of grandeur that matter – though we may fantasize of jealousy and envy overwhelming relatives we disliked, visiting the tombstone of our own creation and smirking at the largesse accorded by a public never quite knowing but the public figure of accomplishments we deign to applaud – but of unmarked ones that are visited by a family left behind, empty with an aching heart for the laughter that we brought, the joy we helped enliven, and the fleeting moment of happiness that encompassed the otherwise dreary lot of a population confused between sex and love.

For the Federal employee and U.S. Postal worker who has believed that the Magnum Opus of one’s fortunes were somehow tied up inextricably in the career path of a Federal agency or Postal facility, rethinking the paradigm is tantamount to a heretical utterance of unfathomable delay.  There is life beyond a Federal agency’s mission (though you may not discern it well from the attitudes of coworkers and Supervisors), and there is importance and relevance beyond the Postal facility one has worked for.

When a medical condition comes to a point where one cannot meet the expectations of that grand “mission” that has been a constant drone of contention, it might be time to consider preparing, formulating and filing for OPM Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  Don’t let the Magnum Opus of one’s career be on the downturn of one’s accomplishments because blind fealty to an agency or the U.S. Postal Service has stopped any forward progress; instead, it may be for the next phase of one’s life that the unmarked grave is visited upon with an epitaph still to be written.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employee Disability Retirement: Foreground-background

Perspective is always an important component in all that is seen, done and accomplished.  For, without it, a self-contained sense of importance in light of irrelevance and insignificance always seems to dominate.

Seen from afar, standing in the background, can we always determine that which constitutes the background, as opposed to the foreground, of an individual or perspective some distance away?  Does a myopic vision constrict and further complicate, where we miss the details some distance beyond and make assumptions and presumptions to the detriment of a more “balanced” viewpoint?  Or, what of “tunnel vision”, where the peripheral views are restricted, and we are left with a centrality of focus but lacking in taking into account the contextual surroundings often necessary to determine a more accurate assessment?

In appreciating a painting or a photograph, does shifting one’s vantage point make a difference, even when the reality of the object observed reflects a one-dimensional canvas covered with colors and pigmentation which alters not despite nearness or farness of viewpoint?  Of the child who has not yet figured out the difference between a bucket and a photograph of a bucket – and raises himself on his tiptoes to view what is inside of a bucket upon a table, and does the same when viewing a picture of one (or in a supermarket line in trying to discern the cleavage of a magazine’s cover), is it important to recognize the distinction between foreground and background, and if so, at what age and why?

How does one attain a level of balanced perspective, and who determines when such achievement is arrived at?  Are we just born with the capacity and ability to calculate, assess, evaluate and analyze, and the natural outcome of conclusions derived are to be entrusted merely because “it is so” and the innate character of inherent superiority of man’s solutions can be applauded?  Does unwavering certainty by tone of voice and utterance of words deserve no suspicion of questioning?  Or, if a person comes along and says confidently, “Trust me”, we are to do so merely because – what?  If we walk through a dark forest and see afar a clearing where the sun has opened a spot of visual beauty, does it matter what constitutes a foreground as opposed to a background when the undisturbed scene asks not a question of impertinence or care?

In every situation, one’s background should be taken into account, in determining the relevance of the foreground to be assessed.

For the Federal employee or U.S. Postal worker who intends on preparing a 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, the importance of “how much” background to impart must be balanced with the foreground to be detailed, and it is always the combination of both which will determine the ultimate effectiveness in the preparation, formulation and filing of a Federal Disability Retirement application.  Foreground provides for the content of a background inserted with instrumental brevity, and too much background can dominate to make the foreground appear less compelling.  Perspective is always important, and a reasoned balance between background of a case, providing contextual information to understand the foreground of the narrative, is essential in the effective formulation of a Federal Disability Retirement application before the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The Peripatetic Nature

But for a rarity, we seek its very opposite; consistency, stability, and the duration of longevity; these, we believe, provide for that which we didn’t have ourselves, yearn for, or seek to give to our own offspring.  In domestic legal proceedings, we hear tell of incongruent arguments where, in the midst of separation, the parties delineate what is in the “best interests of the children” — of remaining in the family home, maintaining a stability of regularity, etc.

From our limited micro-perspective, the loss of constancy when contrasted with the length of one’s own mortality from birth to death, is but a linear insignificance in comparison with the age of the universe.  Conceptually, we recognize this; and yet we constantly fight against it.  Our forefathers maintained a single job from youth to death; then, someone thought of the idea of “retirement”, and suddenly there were mandatory age requirements and proposals floating about concerning the “golden years”, all the while keeping pace with mass constructions of nursing homes and home healthcare services.

The incongruity and self-contradictions are palpable, but somehow we get away with it all.  Is man a seeker of stability, or does he possess a peripatetic nature?  Beyond such a question is the tendency to reject and resist being “forced out”.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal positional duties, the persistent harassment, the hostile work environment created, and the progressive insistence of pernicious pettiness invoked to make life unpleasant — these are all signs to acknowledge that one must “move on” with life.

It is difficult enough to deal with a medical condition; harder still to attend to it in conjunction with work-related pressures.

Stability of purpose is often what we thought we wanted; and for the peripatetic traveler, perhaps moving to another phase of life is an easy thing; but for the rest of us, change — even recognizing the necessity and inevitability, especially for the Federal or Postal employee who must file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset — is something that is hard to accept, given the true nature of man, even if we all think of ourselves as Aristotelian philosophers.

Sincerely,

Robert R. McGill, Esquire