FERS Disability Retirement: This Post-Factual World

If facts don’t matter, then how is it that every side of every issue declares it to be the case that the “facts favor my side”?  The moment we allowed for the validity of the argument — that there are “alternative sets of facts” — the entire structure of rational discourse crumbled.

However you want to call the foundational basis of the Western Philosophical traditions — of the Socratic Method; Rational Discourse; The Adversarial System: The Dialectical Method of Argumentation, etc. — it was always based upon a number of propositional assumptions, including:  A.  There is ultimately only one “Truth” with a capital T;  B. that, even if there might be some subsets of smaller “truths”, they all become subservient to the greater recognition of “The Truth”, and  C. Once all contestants recognize this, no matter how arrogantly we want to resist, we must concede the existence of the greater Truth over the lesser ones.

Schopenhauer was reported to have stated that there are no real lies, but rather, only “crippled truths”, but one wonders.  Russell, of course, countered with his mischievous statement, and with one stroke dismantled the age-old Correspondence theory of Truth with that nonsensical proposition:  “The present King of France is bald”.  As there is no kind of France, he cannot be bald, and yet we all understand the rationality of such a statement, don’t we?

Yet, never let this Post-Factual World fool you into believing that in all areas of life, in every arena of discourse, in fullness of words — that facts simply “don’t matter”.

For example, for Federal employees and U.S. Postal workers who suffer from a chronic medical condition such that the medical condition impacts the Federal or Postal employee’s daily attempt to make a living — i.e., continue to work in his or her career of choice with the Federal or Postal system — don’t ever think that “facts don’t matter”, because they matter very, very much.

Contact a lawyer who specializes in preparing, formulating and filing an effective Federal Disability Retirement application to the U.S. Office of Personnel Management under FERS, and don’t let this Post-Factual World deter you from the importance of arguing your unique set of facts to OPM.

Sincerely,

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

 

FERS Disability Retirement: That Fleeting Feeling

Camus thought that our lives are based upon an absurdity — Of Happiness being the constant goal, and yet of so much of the population living in abject misery.  If happiness is merely an emotion, then it is indeed a fleeting feeling which can change like the weather, like changing seasons, as the direction of the winds and what we have eaten.

He studied the Greek Classics and determined that the absurdity of the human condition had arrived at a crisis point, much to be attributed to the fact that we had lost our sense of humanity, as well as that fleeting feeling.  He was not a pure idealist; he had witnessed the cruelty of humanity during WWII; and when others were ready to “move on” as if the crisis had been resolved, he recognized early on that the crisis was just beginning.

Compassion and empathy — those human qualities which could be cultivated as unique characteristics of a species — could be nurtured.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition impacts one’s career as a Federal or Postal employee, the time to prepare an effective Federal Disability Retirement application under FERS may have arrived.

Do not, however, expect your agency to display those unique characteristics of compassion and empathy — or even understanding. That fleeting feeling that your agency cares — put that aside.  Instead, contact a FERS attorney who specializes in Federal Disability Retirement Law and begin the process of protecting your rights under the Federal Disability Retirement laws and regulations.

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 Government & USPS Disability Retirement: The Volume Appearance

It cuts both ways; and we all do it.  The “substance” of X can be either qualitative or quantitative, but rarely both.  If it lacks in substance, we believe that it can be made to look good by increasing its volume — i.e., heftiness = substantive relevance.  If it possesses inherent substance, on the other hand, it rarely requires greater volume.

The disjunctive rule is often applied here: Things rarely contain both.  Modern novels are a testament to the rule: Hundreds of pages with little to say.  Then, look at Hemingway’s greatest work — The Old Man and the Sea.  A short book; a masterpiece.  Shakespeare is the best example of containing both — quality of work, quantity of work.

In modernity, volume gives the appearance of substance, even when there is very little of it.  In a FERS Disability Retirement case, don’t think that gathering your decades-long medical records is sufficient to qualify for Federal Disability Retirement benefits.  A qualitative medical report is often necessary.  The converse is true, as well: OPM will write a long and meandering denial letter which has no logical or substantive input.

It is, again, the “Volume Appearance” — of trying to make it appear as though the volume of their denial letter accounts for its validity.  It does not.

Contact a Federal Disability Attorney who specializes in OPM Disability Retirement Law in order to counteract the volume appearance — both for yourself in preparing the Federal Disability Retirement case, as well as in preempting OPM’s attempt to bamboozle you with a Volume Appearance Denial Letter — and no, the term “bamboozle” is not a legal/technical term, but it is what it is, as the modern colloquialism goes.

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: Don’t Be Fooled

This is a legal process.  Don’t be fooled with the following: “Yes, it is just a matter of filling out a few forms.  Get your medical records, complete the forms and submit it all to your Human Resource’s Office”.  But what about the decades and decades of case-law and legal precedents surrounding the Federal Disability Retirement process?

Don’t be fooled — The U.S. Office of Personnel Management is not in existence to merely rubber-stamp each Federal Disability Retirement application submitted by Federal and Postal employees under FERS.  Rather, OPM is determined to find an excuse — any excuse — to deny the claim and to make it appear as though you never had a chance at qualifying.

If your attendance has become a problem, OPM will argue that your medical conditions are not serious enough to warrant your inability to make it into work.  If you have stellar performance reviews, OPM will point to them and argue that, See?  Your Agency says you are doing a great job, and therefore your medical conditions are not serious enough to preclude you from performing your job duties.

If “conduct” is ever an issue, OPM will point to it and say, So you got into trouble with your agency and now you are trying to fool everyone into believing that you have a medical condition.  Again — don’t be fooled.

OPM Federal Retirement is a serious legal process, and you should be forewarned that you will need an attorney to argue your case for you.

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.

 

OPM Disability Retirement Legal Advice: The Soil of Easy Growth

We plant seeds in such soil — that enriched type which allows for delicate seedlings to begin life with a fresh sprout.  Metaphorically, we try and provide that for our kids — of that rich “soil” for easy growth — of a healthy, positive environment; toys; warmth; needs taken care of; of supportive extended family; protection against potential dangers; of puppy licks and hugs to give the newborn the soil of easy growth.

But then things change.  We cannot forever seclude children from the greater world of dangers and devices; and it is the periods of drought which strengthens, the encounters with poor soil which challenges, and winds of turmoil which helps the plant to become stronger.  And so it is with people.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows for the Federal worker to thrive in the career of his or her choosing, it may be time to consider filing for OPM Disability Retirement benefits.  The soil of easy growth may once have been the Federal or Postal job; but with the advent of a medical condition, that soil has now turned into the poor soil of clay.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law and consider changing your current career into another area of soil where the soil of past easy growth may yet bring forth the greater fruits of productivity.

Sincerely,

Robert R. McGill, Lawyer

 

Federal Disability Retirement Benefits: Descending Into

Whether into the arena of the devil’s playground or into insanity, the metaphor always seems to include a descent, and not its opposite, an ascent.  Why heaven is above and hell is below has been lost for its context and underlying meaning; the perspective of “up” as opposed to “down” must somehow be relevant, but science has certainly diminished the metaphorical significance by debunking any notions about time and place.

We now know that the sun does not “rise” and “set” in the rotational movement of the earth; that from the perspective of deep space, there is no “up” or “down”, and that our place within the universe is but a small, insignificant pinhole within the context of a greater universe.  But the human story, regardless of the cold perspective provided by science of an “objective” world, is that we descend into madness, descend into hell, and descend into chaos.

Language is a peculiar animal in this way; it uses its ordinary sense within a culturally relevant context, but when that context disappears or is no longer “alive”, the old manners of usage become an anomaly of puzzles.  Yet, even with its loss of cultural significance, “descending into” somehow maintains its appropriateness when it comes to mishaps, tragedies and difficulties.

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 position, descending into greater chaos and difficulties may be mitigated by preparing and filing an application for disability retirement.

Consult with an attorney who specializes in Federal Disability Retirement Law, and begin the process of ascending towards another life beyond the Federal or Postal sector, thus preventing descending into a state of turmoil and possible termination.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Choices and Regrets

The two go hand-in-hand, although we may not necessarily see them as unalterable couplets forever ensconced and inseparable. Instead, we often make choices, then afterwards, express our regrets without having learned from the process of “choice-making”.

Choices available are often unanalyzed and nebulous; left to appear, remain inert and ignored; the “active” part of a “choice” is when we engage in the act of “choice-making” — of engaging our minds with an inactive but available “something” — a choice there, but lifeless until the activation of our choosing invigorates the inertia of indecision.

Regrets, on the other hand, are comprised by the dust of past choices made. Once settled, they remain in the hidden caverns of forgotten memories until, one day or hour, or moment of quietude when we have the time to reflect back, the unsettling of the dust collected is stirred and rises from the ashes, like the mythological Phoenix that appears with wings spread and ready for flight into our imagination and stabbing at the vulnerabilities of our inner soul.

We regret that which we have chosen; and like the past that haunts, such regrets are ever so painful when once we recall the choices available and the ones we made.

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 and position, the next steps taken — of choices being made in whether and how to file for Federal Disability Retirement benefits — are important in determining whether regrets will follow.

Consult with an attorney who specializes in Federal Disability Retirement Law, lest the choices to be made will result in regrets later recalled; for in the end, it is the choices that determine the future course of success, and not the regrets that harken back the past of lost opportunities.

Sincerely,

Robert R. McGill, Esquire

 

FERS Employees with Disabilities: Implicit and Explicit

Say a person is playing golf, hits the ball badly and yells out loudly, “Fore!”  In his mind, however, the individual has the word spelled wrongly — say, as “Four” or “For”, or any number of alternative ways.  When first heard, he had thought that it was spelled in the commonplace, conventional way.  Does it matter?  Doesn’t the fact that homophones exist become an issue of “right” or “wrong” only if the implicit clashes with the explicit? (What a terribly and awkwardly stated question).

Homophones not only “sound” the same, but may also be spelled differently.  They are in the “family” of homonyms because they sound alike but have different meanings; similarly, there are words that also sound the same, are spelled the same, but have different meanings, as in: “She rose from her seated position to smell the rose.”  Here again, what if the person repeated the sentence but thought that the first “rose” was somehow referring to the flower while the second rose concerned the manner of posture (if such transfer of meanings is even possible) — would it make a difference?

The “implicit” world of understanding encapsulates the privacy of our insular world; the “explicit” brings forth and unveils that previously-unrevealed universe, and tests it against the objective world of contending ideas.  It is somewhat akin to pain — that subjective phenomena which may or may not be capable of being ascertained, verified or confirmed by diagnostic testing or reactive muscle spasms.

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, it becomes necessary to make the “implicit” explicit in order to qualify for Federal Disability Retirement benefits.  Gathering the necessary information in order to formulate properly one’s Federal Disability Retirement case is to make explicit that which may have remained deliberately implicit.

That is where consultation with an experienced attorney who specializes in Federal Disability Retirement Law becomes crucial in properly making explicit that which remained implicit, in order to “test” the viability of a very private and confidential matter.

Sincerely,

Robert R. McGill, Esquire

 

Filing for Federal Disability Retirement: Life on Hold

There are periods in our lives when life is seemingly “on hold”.  Of times when we know not what to do; of careers that have hit a brick wall; of unhappiness over present circumstances; perhaps even of deteriorating family relationships that fail to reveal a glimmer of hope for improvement; and of a medical condition that becomes chronic with the realization that we must accept it, live with it, and endure the accompanying symptoms for a life-long struggle.

Filing for a Federal Disability Retirement benefit under FERS or CSRS, or even CSRS Offset (though rare are the latter two these days) is often a movement forward to break out of the mold of life being on hold.

When a Federal or Postal worker realizes that the medical condition suffered will simply not go away, and it prevents and continues to deteriorate in that aspect of preventing the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, that sense of being stuck in a “no-man’s land” is understandable.

From the Agency’s viewpoint, it is often a period where they are unsure of what to do with you.  They act with a timid sense of empathy (or perhaps none at all); they will sometimes be somewhat “supportive” of your plight; but in the end, you know that they will replace you with someone who can perform all of the essential elements of the position.

Life on hold is a time of uncertainty and trepidation; preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset is a movement forward; it allows for some certainty to be adjudicated in a world where everyone else seems to be in a mode of “fast-forward” while you are stuck in the timelessness of a deteriorating medical condition.

Life on Hold — it is a time when decisions need to be made, and for the Federal or Postal employee who can no longer perform one or more of the essential elements of his or her Federal or Postal job because of a medical condition, a time to prepare, formulate and file an effective Federal Disability Retirement application, to be ultimately submitted to the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The daunting process

Many Federal and Postal employees call an attorney for an initial legal consultation because of the “daunting process” involved in filing for Federal Disability Retirement.  And, indeed, the complex administrative process involved in preparing, formulating and filing a Federal Disability Retirement application is a confounding, confusing and complicated process.

From the “how” of responding to the multiple questions on SF 3112A, Applicant’s Statement of Disability, to the quantity, volume and substance of “what” to include; to the issues surrounding what constitutes a viable and legal “accommodation” that may determine the truthfulness of a Supervisor’s Statement (SF 3112B) and Agency’s Efforts for Reassignment and Accommodation (SF 3112D); as well as peripheral issues that often intersect but may not necessarily impact or influence a Federal Disability Retirement application, to include (but not be limited to) EEO filings, a Performance Improvement Plan (PIP) implementation, “Fitness for Duty” evaluations, OWCP/Department of Labor filings that may be concurrently initiated, as well as the reason, rationale and impact of a Social Security Disability filing, etc. — they are all relevant, significant and consequential issues that, in their aggregate compendium of concerns involved, both ancillary and some central to the primary concern of Federal Disability Retirement, should be analyzed, evaluated and considered carefully.

For any Federal employee or U.S. Postal worker who is considering preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted (ultimately) to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the question of what to do with this “daunting process” can be allayed by first consulting with an attorney who is experienced in Federal Disability Retirement Law, and allowing the “daunting” part of the process to become nothing more than the squeaky mouse hidden in the corner that, before discovering the facts, once sounded like a burglar attempting to break in.

Sincerely,

Robert R. McGill, Esquire