Federal Employee Disability Retirement: Sufficiency Test

Sufficiency” is a funny word; like other subjective experiences, one often doesn’t know when it has been satisfied, but one nevertheless knows when it has not.  Like spectrums which reveal a range, sufficiency is a point of satisfaction which is recognized to have been met only after the point of sufficiency has been passed.

What constitutes “passing” the sufficiency test?  If someone has been kidnapped and a ransom note has been received, demanding payment for the safe return of the individual, is there an amount less than the demanded amount which would be “sufficient” to satisfy the kidnapper’s demands?  Can a platoon be “sufficiently” prepared for a combat mission, although not completely combat-ready?  Can percentages be applied which establishes meeting the criteria for sufficiency, at all times and in all instances, which can be applied as having met the sufficiency test?

Say a person says, “It is 80% done — sufficient for the purposes?”  Would this apply in painting a room, building a house or constructing a bridge?  Say that a bridge has been built 80%, and the last 20% is the part of the end where there remains a gap where suddenly the bridge ends with a missing piece where the gap exists such that a vehicle traveling would crash down a 100-foot drop to a tragic end — do we still say that the bridge was sufficiently built?

For Federal employees and U.S. Postal Workers who are intending on filing for Federal Disability Retirement benefits, the issue of sufficiency takes on an important role: What constitutes sufficient medical evidence and how is the unspoken sufficiency test met?

Consult with an attorney who specializes in Federal Disability Retirement Law to make sure that the Sufficiency Test will be met. In doing so, you may prevent a leisurely drive over a bridge only 80% finished, and be provided an alternative route in order to help you arrive at your destination in a sufficiently safe and efficient manner.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from OPM: Those Glazed Eyes

We all engage in the act; of sitting or standing but not seeing beyond the bridge of our nose; of being lost in thought, perhaps in a daydream, or for a particularly difficult project that one is focused upon.  We even do it while driving, and when we arrive at our destination, we suddenly awaken and reflect: “Gee, how did I ever get here?  I don’t even remember stopping at any red lights or at any stop signs.”

The capacity for insularity within a private world is a condition of human existence that is particularly unique to the species, and likely within the species.  Is it of evolutionary advantage to “become lost in thought”, or is it a danger — an anomaly — counterproductive to our survival instincts?

If a vulnerable animal out in “the wilds” were to stand at a watering hole and — instead of being fully alert and aware of its surroundings, acutely sensitive to every movement of potential dangers lurking about — becomes lost in its “thoughts” (whatever form that would take — with or without language), would such a species last for long?

Did language, coupled with the skill of reading, writing and performing intellectual exercises, contribute to our capacity for thought, thoughtfulness and insularity of cognitive processes?  What makes us seek the refuge of our hidden soliloquies?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition has begun to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal position, it may be time to consider filing for Federal Disability Retirement benefits.

If those “glazed eyes” are becoming more frequent because the world of insularity has become preferable to the world about because of the constant and persistent harassment imposed by the Agency or the Postal Service, it is well past time to consult with an attorney who specializes in FERS Disability Retirement Law.

There are times to “think” and times to “act”, and for the Federal or Postal employee whose medical conditions have now impacted one’s career, it is that time now — to act, by consulting with an experienced lawyer who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Life as a Series of Problems

There are television series; of “mini-series”; of a series of movie episodes once popularity of the first viewing has established the call for a following.

In television and theatrical drama, there has to be an opportunity for “character development” — of getting to “know” a person, of seeing him or her in various contexts in order to determine “who” a person is by what they do, how they react and the very essence of their belief-systems.  Rarely is a play, a story or a novel of any interest when it involves a person or multiple individuals sitting around expounding upon their beliefs or “principles” of life, and why is that?  Is it because a person who talks without being tested can offer nothing more than the sound of air?

The movie of life always presents us with a series of problems; that is what makes a good story, of course — of conflicts, their resolution; the way in which individuals are “tested”, and not merely by hypothetical presentations of analytical problem-solving gestures.

Medical conditions — whether later in life or occurring earlier— always present a challenge that tests a person in so many ways, precisely because medical issues hit at the core of everything about a person: How we see ourselves; what we are able to do; where we go and seek guidance and counsel; and all of the multitude of reverberating effects upon so many varied aspects of our lives.

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, filing a Federal Disability Retirement application under FERS is just one of life’s series of problems.

It is never a guarantee; it is never a “sure thing”; and as OPM appears to be denying more FERS Disability Retirement cases under this Administration than ever before, it is important to prepare and formulate a plan for a Federal Disability Retirement application and to recognize it as another slice of life’s problems in a series of such problems.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Denials: Selective reasoning

Of course, we all engage in it; some, merely by withholding certain known facts; others, by emphasizing and asserting portions of the logic employed while ignoring or deliberately averting the focus of other aspects.  Selective reasoning through deliberate omission is the height of pragmatic oppression; for, when it is accomplished with knowledge and self-admission of premeditation, it involves a mind that knows the difference between proper application of logical reasoning and the intentional misrepresentation of facts.

We engage in such folly during the course of normal fights and argumentation; for, to win is the basis of arguing, and the ends often justify the means.  Logic is a learned tool.  It is the foundation of sound reasoning.  It is not an inherent, in-born or even in-bred character of man, but it can bring out the evil therein.

As a tool, those who are good at it have a greater responsibility to use it wisely, honestly and with proper motives.  It is the “selective” part of the reasoning that makes for honesty of dishonesty in the reasoning process, and the anomaly and irony, of course, is that the process itself — of reasoning — necessarily involves selectivity, for logical argumentation encapsulates proper and effective selection of facts, syllogistic approaches and propositional logic all bundled into one.

The U.S. Office of Personnel Management engages in selective reasoning, and their denials of Federal Disability Retirement applications reveal a level of such selectivity that one must conclude that it is being done intentionally and with deliberate knowledge.

Beware of denials; for, they try and make it appear as if you never had a chance to begin with in your FERS Disability Retirement application. OPM will selectively choose to extrapolate from various medical reports and records, and fail to mention or highlight the selective portions omitted, then reason that there was “insufficient” medical evidence despite facts and rational argumentation to the contrary.

Do not despair, and do not simply allow for the 30-day time period in which to file for Reconsideration to lapse; for it is precisely such selective reasoning that is meant to discourage, and to make you think that the denial is dismissively disproportionate so as to justify giving up altogether — which is precisely what their selective reasoning is meant to accomplish.

Sincerely,

Robert R. McGill, Esquire

 

Federal Medical Retirement under FERS & CSRS: Static

It is the lack of movement or change which is the undesirable aspect of anything, and not necessarily the thing itself.  Perhaps there was never anything wrong with the substance or essence of the thing; the person remains, and yet, the lack of progress, the inability to move forward, the unresponsiveness to the contextual alterations and modifications — the world around changes, but the singular resistance is in and of itself that which negates.

Being “static” — of the lack of movement or change — is normally thought of as a negative perspective upon an entity.  It would be one thing if the nature of being static were to be an appraisal upon, say, an Aristotelian type of “god”, where the so-called Unmoved Mover is “static”, but all else constitutes a universal movement, but of a specific kind: movement towards the perfection of the Unmoved Mover.  But that is not what we are referring to when we speak about being “static”.  Instead, most of us ascribe a negative connotation, as in, “the inability to change or adapt when the context and circumstances necessitate it.”

That is often the problem with Federal and Postal employees who suffer from a medical condition, where the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal position.  For, the person him/herself has not really “changed” — aside from the medical condition itself, the essence of “who” the person is has remained static.  However, the circumstances have altered, in that one’s physical or cognitive capacity and ability have altered, normally in a way that no longer allows for a congruity or consistency with the type of positional duties required of one’s job.

Thus, in such a context, to “remain static” becomes a negative component of life, and requires and necessitates a modification of sorts — and preparing, formulating and filing an effective Federal Disability Retirement application, filed though the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS offset, is the first step towards breaking away from the negative mold of “being static”, and like the disruptive sounds that crackle like static electricity over a phone line or the sudden shock one feels when wearing a wool sweater, being static can only lead to worsening conditions if one delays in preparing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: The Hub

It is the center of the universe; upon and around it, all things revolve.  The axle is attached to it; the spokes; the planets that circle about; the hub constitutes, represents and relates to all else by being the primary foundation from which all else is dependent and subservient.  And thus the phrase, “That’s the hub of it all, isn’t it?”  Or, is the idiom, “That’s the nub of it all” the true way of saying it?  If a person replaces the “h” for the “n”, and let’s say he or she has a strange inflection or accent, anyway, do we stop them and correct them?

Say two people are watching a show, and afterwards a discussion ensues as to the meaning of what one of the characters said or failed to say, and one says to the other, “That’s the hub of it all, isn’t it?”  The other turns and says, “You mean, that’s the NUB of it all, don’t you?”  The other pauses, reflects and retorts, “What’s the difference?”  Now it is the first one’s turn to pause, reflect and answer back, but what would be an appropriate answer?  While the true idiom or adage may well be the “nub” usage as opposed to the “hub” application, perhaps the other person was just being somewhat eccentric and creative.

Or, let’s say that you knew of the other person the following: When he was just a young boy, he lost his mother, whom he loved very much.  Her last words to him as she lay in bed suffering from tuberculosis was: “Now, remember Bobby, it is love — that is the … [and, here, she was overcome with a fit of uncontrollable coughing, and could not get the “n” out and instead, pulled herself together and said hoarsely] the hub of it all.”  And to this day, Bobby remembers his mother’s last words, and the slight difference of idiom used, and likes forever after to repeat the phrase, “That’s the hub of it all”.

Would you, knowing this, correct him on the misuse of the idiom?  And even if you didn’t know the history of such misusage, why correct something when the underlying meaning remains the same?  Isn’t “hub” a synonym for “nub”, and vice versa?

In life, we too often focus upon the spokes of the wheel, and not the hub; or, put another way, we walk right past the nub of a matter and become too easily distracted by tangential, irrelevant or insignificant obfuscations.  But life is too short to aim at the spokes of the matter instead of the hub, nub or essence of it all.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition is beginning to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal job, just remember that there are certain things in life that cannot be ignored — like one’s health.

If one’s health is deteriorating and the Federal or Postal job is contributing to that deterioration, what is more important?  What is the hub of the matter?  What essence of life’s priorities are more important?  Identify the nub — and proceed on to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, so that you can focus upon the hub or nub of the matter, which and whatever, so long as it points to the essence and not the spoke.

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: Static Divides

Most of our lives are struggles to maintain the status quo; for, as change results in turmoil, so rectitude of unchanged repetition requires the least amount of effort, but mere monotony of action to forego any greater expenditure of further efforts.  It is when the static longevity of identical mirroring of life begins to harm, that it then divides us.

Doing the same thing daily, over and over again, with slight variations to accommodate life’s vicissitudes, allows for the peaceful quietude of daily living; but when such repetition of activity may potentially lead to self-immolation through inactivity of thought, then that is what some term as “insanity”.  When the static calm of daily living results in a division of spoils, it must spur one to a different way of thinking.

Medical conditions tend to do that to us.  For, it is those “outside forces” which we cannot control, which mandates activity previously unforeseen.

Preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is a time of disquietude, precisely because change is now imminent in the projected future of our own imagination.  It means that one must take affirmative steps and actively engage in the process of that very division which we delayed, procrastinated, and persistently disregarded, and perhaps even lied to ourselves about tomorrow, next week, or next month.

The future is always upon us; and when we ignore the perils of tomorrow, we pay for it at the price of today.

Filing for Federal Disability Retirement benefits through OPM is never an easy matter; it is disruptive, a bureaucratic nightmare, and an agony of engagement with a distasteful palate.  But as the time of static division pervades even unto our very soul, it is time to take that step for change and begin to prepare, formulate and file for Federal Disability Retirement benefits through OPM, bringing change into our lives in a world often unchanging but resistant to the enemy of ourselves.

Sincerely,

Robert R. McGill, Esquire