FERS Disability Retirement: The Acceleration Principle

In economics, the principle makes the logical connection between the demand for consumer goods and the requirement of accelerated production needs in order to meet the higher demand.  In other words, when the demand for consumer goods increases, it logically follows that the demand for equipment will accelerate because the means of production in order to meet the consumer demands will need to be fulfilled.

In a similar vein, there is a parallel principle in other sectors of life — educational acceleration of mediocrity, for example.  It would make sense that if a country’s educational system systematically reduces its standards of excellence, that as the years pass, everyone over time will be dumber because those students who go through the “system” and go on to become teachers, will teach the next generation of students at a reduced level of rigor, and the acceleration principle will come into play as each successive generation teaches the next at a dumbed-down level.

Similarly, wouldn’t this same principle be applicable in areas of reading, for example — where, a nation which reads less but expends a greater amount of time in watching videos, becoming entrenched in the virtual maze of computers and Smartphones, or in video games, etc., will accelerate into a population of illiteracy and cultural ineptitude?

How about in health — isn’t there a similar principle experienced, where being young can somewhat compensate for a chronic health condition, but where age or some traumatic event can trigger and accelerate the health condition where, heretofore, it had been somewhat managed and controlled?

The U.S. Office of Personnel Management, of course, will turn that on its head if you are not careful.  They will argue thus: You had a preexisting condition; there are no objective indicators that it worsened during your tenure as a Federal Employee.  Thus, your case is denied.  Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and consider that the acceleration principle is both valid and effective, if delineated in the best and proper manner.

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.

 

Federal Disability Retirement: The Black & White Film

What is it about the old films which retain their attractiveness?  Certainly, Hitchcock made optimal use of the genre — of shadows and dark corners; of shades and gray areas, contrasting good and evil.  And things didn’t stand out as much.  It reflected a time of greater modesty where individuals didn’t stand out — for, everyone and everything being grey and indistinguishable from one another, it rejected the colorful phenomena of individualism.

“High Noon” reflected that sense of modesty; for, while the star and main character prevailed in the end, Gary Cooper was an unassuming individual without great physical presence nor any outward characteristics which manifested anything extraordinary; however, his inner character is what was in full display.  As a film in Black & White, only the character within began to reveal itself as the film progressed — of stubborn integrity; of a sense of duty; of an obligation both to himself and to a greater sense of justice.

By contrast, if a remake of the film were ever to be attempted, this would be included in “High Noon — the Remake”: A muscular main character, with ripped shirt displaying cuts and abrasions; a couple (at least) of “bed scenes”; probably a look back at the main character’s childhood to provide some psychological trauma to engender sympathy; and in the end, the rationale for staying was because the town was willing to pay him a cash bonus — not because of any sense of duty or obligation.

For Federal employees and U.S. Postal Service workers who suffer from a medical condition and need to file for Federal Disability Retirement benefits under the FERS retirement system, “High Noon” is the metaphor for the state that you currently find yourself in:  Of having to face down your agency; of holding your Agency off until you have had the chance to prepare, formulate and file for your Federal Disability Retirement benefits.

And it would indeed be nice if it were still a film in Black & White, where no one notices that you can’t do all of the essential elements of your job, anymore, because you remain indistinguishable from everyone else.  But, alas we are now in the world of color, and because of that, you may want to contact a Federal Attorney who specializes in FERS Disability Retirement Law, where the Black & White Film is no longer available except in those special editions of the Criterion Collection.

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.

 

Federal Employee Disability Retirement Benefits: Life’s Muddle

It is the aggregate of all that we have to do; the obligations in the insular privacy of our minds; the expectations we place upon ourselves and others; the totality of the inner sanctum of our thoughts and the connections to the outer reality of a universe we have little control over.  It is the muddle.

We come into this world after the messes made by centuries of incompetencies, and are expected to sift through it, work to “make it better”, and to somehow adjust the innate revulsion to a world gone mad.

Fortunately, there is some internal mechanism in all of us where we can selectively forget most of the negative aspects of life — perhaps, such a mechanism is derived from the primitive and foundational sense of survival and self-preservation.  Nevertheless, we recognize early on that life’s muddle is made up of the collective mishaps of all previous occupants of this planet we call “home”.

Then, when a medical condition begins to gnaw at us, we finally realize our vulnerabilities where even self-preservation and the survival instinct cannot save us.

For Federal employees and U.S. Postal workers who suffer from a medical condition and who still walk about with a survival instinct, Federal Disability Retirement is probably the best course of action, as it is a benefit accorded to all Federal and Postal employees under FERS.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law, and begin the process of preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management for FERS employees, and get yourself out of another one of Life’s Muddles — of the incompatibility between your medical conditions and the essential elements of your job.

Sincerely,

Robert R. McGill, Lawyer

 

Federal & Postal Employee Medical Retirement: The Mistake Unrecognized

We can always quibble about what constitutes a “mistake” — but, generally, there are circumstances described which fall into the center of the conceptual definition, those which border on the periphery, and then the remainder which, while having a consensus that they stray outside of the boundaries, nevertheless are often described as a “mistake”, but only in a retrospective manner.

Examples: A man is driving down a road and makes a left turn instead of a right.  He thought he knew where he was going, but clearly did not.  He made a mistake.  A clerk in an ice cream store thought the customer said, “Give me a scoop of Godzilla Ice Cream” — a specialty of the shop comprised of chocolate and large fudge bits. Instead, the customer had said, “Give me a scoop of Vanilla Ice Cream.”  In the din of the noisiness, the clerk misheard and made a mistake.

An individual purchases some stolen items from a street vendor.  She suspects that they are stolen, but because of the extraordinary price for which the items are aggregately offered, represses such thoughts and agrees to the purchase.  Later, the police raid the woman’s home and confiscate the property.  Was it a “mistake”?  In what way?

Here are several: It was a mistake to repress the suspicions aroused; it was a mistake to purchase such items from a street vendor; it was a mistake to fail to connect the dots of illogic; but had the person never been caught, and the value of the items later increased a hundredfold and was legitimately sold at Sothebys for an eye-opening profit, would the transaction be characterized as a “mistake”?

And finally: A similar transactional relationship; but let’s change the hypothetical somewhat.  In the new scenario, the person about to engage in the transaction asks for advice before concluding the deal.  Everyone tells him, “Don’t do it.  It is clearly fenced goods.”  A friend — a retired police officer — gives the following advice: “You know it’s gotta be stolen. You can be arrested for participating in receiving of stolen goods.  Don’t do it.” Multiple family members say t he same thing.  The person goes ahead and attempts to close the deal and, in the process, the police raid the establishment, charge the individual and place him in jail.  Was it a “mistake”?

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 — don’t make the mistake of unrecognized scenarios.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and avoid those “mistakes” which are clearly there and which can — and will — defeat a Federal Disability Retirement application under FERS with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Lawyer

 

FERS Disability Retirement from the OPM: Telling a Tale

We all have one to tell; it is the telling of it that becomes the question, and not the answer.  The tale itself is the unspoken journey of one’s life, until the telling of it leaves it spoken and revealed; but until the tale is told, the un-telling of it leaves a silence within a cavern of echoes where memories flourish but the story remains unfinished.

Why do famous people hire ghost writers to tell the tale of glamorous lives yet untold?  Is it because their own telling would fade the sheen of glory in the very telling of it — like a monotone in a soliloquy where heads begin to nod off into a slumber of boredom because the very telling of the tale failed to be the vehicle and vessel of excitement and adventure?

Why are some Olympians able to “cash in” on commercial endorsements, while others cannot seem to form or articulate a single sentence of coherent authenticity?

That is the real “rub”, isn’t it — of being “authentic” in the telling of a tale?

What if a former president (who will remain unnamed) whose sexual exploits in the various rooms of the White House (isn’t that giving too much of a hint?) were to tell a tale of moral uprightness and gave a lecture about the importance of fidelity to marriage, self-control of one’s desires, etc. — would it “sound” authentic, and does the person who tells the tale make a difference in determining the truth or validity of the tale?

Does it matter, in an audio-book (which is apparently becoming more and more popular these days, where reading is waning and people no longer have the time nor the interest to lug around great works of literature, leaving aside the actual reading of them) — say, an autobiography — whether the author him/herself reads it, or whether a “famous voice” does the reading?

Can an autobiography of a president be read by a comedian who is good at mimicking the actual voice, and does it add, detract or make no difference who tells the tale, even if the “telling” person is different from the actual person who told the tale?

For Federal employees and U.S. Postal workers who must file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the telling of one’s tale is necessarily prompted by SF 3112A — Applicant’s Statement of Disability — and it is important that the “voice” which tells the tale is both authentic and persuasive.

It is perhaps the single most important component of the Federal Disability Retirement application, and you might want to consider getting the guidance, counsel and experience of an Attorney who specializes in Federal Disability Retirement Law, lest the telling of your tale concerning the progressive deterioration of your health “sounds” less than persuasive.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Cherishing moments

In the end, isn’t that all that we have?  We like to speak in terms of vast, grandiose expanses of time, where we create plans that span a lifetime, or refer to wide swaths of historical periods as if we have any conception at all about time, segments of memories or even of the memories already forgotten.  Old men and women reflect back and regret the time lost; middle-aged people who are caught up in the race to make up for lost time, continue on the treadmill that never seems to lessen; and the young — they just race through it as if there is no tomorrow.

Cherishing moments — how does one do that in a fast-paced world of technological amplification where everything moves at a hare’s pace when the yearning is for the tortoise’s calm?  Life comes at us with a fury and an unrelenting torrent of rain and winds; and when we try and raise the umbrella or walk at an angle to counter the ferociousness, we merely get left behind.

How is it that “memories” become more significant and important in our lives than the actual “living” of an episodic slice of our daily existential encounters?  At what point does one take precedence over the other?  Is there an imbalance of disproportionality that occurs — as in, spending more time “remembering” as opposed to “living”?  Is a person who watches the same move over and over, day after day, any different from the one who constantly daydreams about a moment in his or her life, over and over again, repetitively in a lost morass of memories unrepentantly consumed? What is the proper balance and mixture — somewhat like a recipe for a homemade pie or a birthday cake — between the ingredient of cherishing moments and the reality of daily living?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the problem with cherishing moments — any moments — is that the impediment of the medical condition itself will not allow for any enjoyment at all, whether of memories remembered or of life to be lived.  That is when you know that there is a disequilibrium that needs to be corrected.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may be the first, albeit tentative step, towards attaining a level of normalcy where cherishing moments is a choice to be taken, and not as a regretful nightmare uncontrollable in the restless dreams of a forsaken career.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: The Process of Decision-making

Have you ever wondered how decisions are made?  What is the process, and who determines whether or not the methodology engaged is the “right” one or the “wrong” one?  What data is analyzed?  How is the evaluative input assessed, and to what extent does “missing” information impact the process?

On a spectrum of decision-making, there is on the lower side of an imaginary graph the “process” of choosing a flavor of ice cream.  Most would agree that it is based upon a purely subjective, appetitive basis, where the foundation of the process of decision-making (if you can even call it that on such a rudimentary level) is based upon one’s taste for a particular flavor, and whether or not one has a present desire for the intended food.

Can other factors come into play?  Of course – for example, say you just read an informative article that all flavors in category X contain a carcinogenic compound, however slight in volume, that over time may cause harm, whereas all other flavors (“Category Y”) are exempted and are considered “safe”.

Now, how much of that data enters into the decision-making process of choosing the ice cream flavor?  For, in order for such information to enter into the equation, one must first engage in the prior decision-making process upon the article itself – i.e., is it factual or does it contain unfounded opinions?  How “scientific” is the evidence?  Does the author have a conflict of interest – i.e., is he being paid for writing the article, and by whom?  Perhaps the author works for the industry that produces all Flavors Y and wants to advance a competitive edge over all Flavors X by harming or destroying, or placing seeds of doubt into the minds of customers who might consider those other flavors?

Placing weight and credibility upon the article itself must first involve a process of decision-making; then, even after such a judgment on the information received, how much of it will impact upon the decision-making process of choosing a flavor of ice cream?  One might conclude, for example, that the article on carcinogenic ingredients is pure bosh and disregard it – but even in that instance, if you chose the category of Flavors Y, can you ever be sure that you discarded it completely, or perhaps in your subconscious mind you attached your allegiance out of fear and caution?  How will you ever know?

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 process of decision-making in preparing, formulating and filing an effective Federal Disability Retirement application can be a complex and complicated one.

One’s future is involved; one’s investment in a career; the health concerns, the deteriorating capacity to continue in one’s chosen line of work, and the increasing difficulty of hiding the medical condition – all, and so much more, must be considered before initiating the process of a Federal Disability Retirement application.

With all of this in mind, of the jumble of information and the complexity of the process itself, the best and first step is to consult with an attorney who specializes in Federal Disability Retirement law, in order to gain a balanced perspective, receive all of the necessary information, and to begin to gather the foundational data necessary in order to ultimately make the “right” decision in the process.

Sincerely,

Robert R. McGill, Esquire

 

Postal and Federal Employee Medical Retirement: Preponderance of the Evidence

It is the legal standard by which civil (non-criminal) adjudications are based upon, and whether or not it can be rationally demarcated as against other standards – i.e., “Clear and convincing evidence” or “Proof beyond a reasonable doubt” is a question for legal theorists and the schools rendered under the general aegis of, “The Philosophy of Law” – is a valid question in and of itself.

For, we can dress prettily and puff up the definition of what it all means, and bifurcate and explain how the three standards are distinct and differentiated by the increasing severity of the criteria to be applied, but in the end, the juror who goes back into the room to consider the guilt or innocence, the fault or apportioned negligence, is entirely subjective.

For, is there a clear demarcation as to what “reasonable” is?  Can one delineate what is “clear” to one and “convincing” to another?  If a witness has perfect recall and a persuasive manner of telling a “story”, if one juror blurts out, “Oh, but his eye twitched and he was clearly lying through his teeth!” – what then?  And the concept that one side has a “preponderance of the evidence”, or to put it in different but equally confusing terms like “more likely than not” or “the greater weight of truth” – what do all of these analogies and metaphors mean, in the end?

Surely, there are the “easy” cases – an entire football stadium who saw a man shoot another, and the assailant who confesses to the murder; these, we can say are “beyond a reasonable doubt”, but even then, a single juror who has a beef against societal constrains can “nullify” a verdict by holding out.  So, what is the answer (or, for some who are still confused, “what is the question”)?

For Federal employees and U.S. Postal workers who are entering the legal arena of preparing a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the expectation, of course, is that the OPM Medical Retirement application will be approved at the first or second stages of the process – i.e., at the Initial Stage of filing a Federal Disability Retirement application with OPM, or at the “Reconsideration Stage” of the process after an initial denial.

That being said, the Federal or Postal employee must – and should – consider the Third Stage of the Federal Disability Retirement process, which involves an Administrative Judge before the U.S. Merit Systems Protection Board.  That is when the legal standard of “Preponderance of the Evidence” will ultimately become relevant and operative, and where the evidence gathered and the amalgamation of arguments proffered becomes a basis for testing the validity of legal standards and the meaningful application of the law, evidence, and statutory interpretations.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement from Federal Employment: The Methodological Approach

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

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

Thus, for Federal employees and U.S. Postal workers who need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, it is often necessary to formulate a sequential strategy at the outset, before embarking upon the dark abyss of preparing, formulating and filing for OPM Federal Disability Retirement benefits.

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

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

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

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: The Trinkets We Hold Dear

If value of item determines retention of possession, then few trinkets would survive the test of economic viability; but a quick perusal of one’s home will often discover large caches of sentimental liabilities strewn throughout.  What determines value, then?  Is it the monetization of an item?  Or perhaps the psychological attachment, combined with the economic forces in capitalism of supply and demand?

Real estate values soar and plummet daily, and when one considers the “high end” fluctuations where market reductions may comprise differences in the millions, one wonders about “true value” and “false valuations” of goods and services whether small or large.  If you go through your house and begin to account for the trinkets we have amassed, is it because of the monetary value attached that we continue to retain it, or the memories and golden threads of psychological ties which bind?  Is it not often the same with other issues in one’s life — of even friendships, pets and jobs?

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent one from performing one or more of the essential elements of one’s positional duties, the question one needs to ask at the outset is:  Why are we holding onto this trinket for dear life?  Is it really worth it?  At what cost?  What are the ties that bind?

Filing for OPM Disability Retirement is always a traumatic event; for, it is a dramatic change, often within a context of caustic and hostile circumstances.  But to remain is rarely an option; to walk away with nothing is not a wise one; so, one is often left with the best alternative possible:  to prepare, formulate and 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.

And like the trinket which holds one bound to memories of yore unblemished in their reflective delights of past warmth, they remain so, like the pitter-patter of a soft summer day’s cloudburst, stopping only to reveal the misty haze of a childhood dream.

Sincerely,

Robert R. McGill, Esquire