Tag Archives: how do you respond to a proposal of removal based on medical inability

OPM Disability Retirement under FERS: Words and Actions

Can empathy have meaning without acting when the necessity arises?  Can abstract affection without the inclusion of real people trigger a positive result, or does it leave a vacuum of insensitivity?

In modernity, it appears that words alone constitute action enough, so that in the political sphere, if one speaks the “right” words, then nothing further is required.  Thus, to be in favor of certain political positions is enough to be noble and lauded.

But in real life, if help is actually needed, can words of empathy be enough?  To merely speak the proper words — “I feel bad for him,” or, “I truly feel sorry for her circumstances” or perhaps to even shed some real tears; but without rendering physical or material assistance, does the lack of actions following upon words reveal either insincerity or, even worse, a perversity of emptiness in one’s vacuous soul?  Does not the test of sincerity require completion by action?

On a macro level, can a society claim to be a moral nation through flowery speeches, while allowing its citizens to suffer great iniquities?  To that end, the benefit of Federal OPM Disability Retirement is reflective of a government which not only expresses words of concern for its workforce but moreover, combines those words with the action of providing the benefit of Federal Disability Retirement for the eventuality of suffering from a disabling injury or illness which often results in devastating consequences.

Words and Actions.  Each complements the other and the combination is like the clasping of two hands — ineffective when separate and apart, but when used in tandem, can evince a practical strength beyond the coordinated combination of both together.

Contact a FERS Disability Retirement Lawyer who specializes in OPM Disability Retirement Law for Federal and Postal employees, and begin to actually act upon preparing, formulating, and filing an effective Federal/Postal Disability Retirement application under the FERS system, through the U.S. Office of Personnel Management.

Sincerely,

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

 

Federal Disability Retirement: Knowledge & Application

We tend to separate the two, and have generally been taught that the former — even without the latter — is a “good” thing.  Our grade school teachers certainly repetitively pounded it into our thick skulls; and higher academia relies upon the belief that knowledge, “in and of itself”, is a valuable thing.  Application — or utility — is of the “business” world, and for academicians, somewhat sullies the purity of knowledge.

Perhaps it began with Plato — on the other hand, doesn’t all of Western Civilization begin with Plato (and by fiat, Socrates)?  Knowledge of the Forms; the metaphor of the famous “Cave”; the conceptual ideal of the purity of ideas; the Socratic method of questioning for the sake of attaining wisdom — all of it, without the worth based upon application or utility.

The first poor fellow who discovered a vein of gold — certainly, the beauty of the glitter must have astounded, but even with that “knowledge” of beauty, did he understand the future application of value in the commodity markets?  And of those oddball individuals who love to collect bits of information — of knowledge — without any practical application — we have all met them; of people who suddenly spout statistical data just to show off their knowledge, etc.

For Federal employees and U.S. Postal workers who, because of a medical condition, need to prepare, formulate and file an effective Federal Disability Retirement application under FERS, be fully aware that both knowledge (of the laws pertaining to Federal Disability Retirement) and application (of the persuasive authority of statutes, regulations and case-law) are needed to win a Federal Disability Retirement fight against the U.S. Office of Personnel Management.

Knowledge is good; knowledge and application, in the “real” world, are better.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law and begin the process of not only knowing about the complex laws governing Federal Disability Retirement, but moreover, to have the powerful asset of applying that knowledge where it really counts — in the application itself.

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 Medical Retirement for Federal Government Employees: On Hold

It is a frustrating time; that moment when you have finally reached a “real person”, and the voice quickly says, “Let me put you on hold for a moment” — and the sudden silence which ensues, or the supposedly uplifting background music that blares.  “But I —” you attempt to quickly interject; but the finger punching the button for “hold” is quicker than the “but” with which your voice tries to override, and the further frustration is again postponed as you wait silently in growing rage.

Or of a career “on hold”; or one’s life in general.

Much of being placed on hold is because of circumstances beyond your control; for, contingencies rely upon the actions of third parties, and until the dependent clauses are satisfied, movement of the primary sentence structure must remain in place, lest the comma that encircles the dependent clause fails to complete the thought that follows.

For Federal and Postal employees who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing all of the essential elements of one’s Federal or Postal job, the feeling of being placed “on hold” is a familiar one: Medical conditions tend to do that.  It places one in suspended animation, not allowing you to move forward with your life until there is some resolution.

Consult with an attorney who specializes in Federal Disability Retirement Law, and consider whether or not filing and obtaining a Federal Medical Retirement annuity might be the best next course of action in order to move on with your life and get beyond the “on hold” status of your present situation.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer for Federal Disability Retirement Claims: Games

How do we learn how to play them?  If we play Game-X, must we follow “all” of the rules ordinarily known and ascribed in order for Game-X to still be recognizable as such, or does it become “Modified Game-X”.

If little Toby plays his first game, but doesn’t know the rules, yet nevertheless realizes that games are “fun” because everyone else is smiling and seemingly excited, does the fact that the kid-who-knows-no-rules plays without knowing the limits and boundaries of the game make him into a participant, or a pariah?  Of course, if he stamps his feet in the middle of the game and declares that he doesn’t like the game, and walks off (even taking with him the proverbial ball), can we declare him to be a poor sport, an okay-sport, or any sport at all if he never knew the rules of the game in the first place and therefore never quite played the “real” game?

How about dogs — do they “play” games?  The dog that chases the ball but doesn’t want to bring it back to the ball-thrower, and instead runs away with it — has he broken the “rules of the game”?  How is it that dogs play games with their masters without ever being able to explain what the parameters of the rules are?

Then, of course, there is the slight modification in the term “games”, as in “games that people play”.  We all know what that means — of being insincere, fake, or otherwise putting on a double-face.  Why is that called a “game”?  Is it because it is not real, and constitutes a copy of “make-believe”, much like playing a game when we all know that it is not reality that is being rehearsed; and yet, isn’t playing a game — any game — just a part of the reality of the world we live in?  Why, then, is life bifurcated between “games” and “reality”, when in fact both are real in the sense that we are living a life of surviving, making a living, etc.?  Yet, we constantly distinguish between “playing” and “living”, as if there is a difference to be identified.

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 any longer performing all of the essential elements of the Federal or Postal worker’s job, career or craft, the preparations needed to come to a point of realizing that an effective Federal Disability Retirement application must be filed, often requires a recognition that the proverbial “game” is “up”.

Whether the Supervisors and Managers at the Federal Agency or the Postal Facility are up to their usual “games” or not — of harassment, derisive comments, making your life “hell” by increasing the levels of pressure or stress, is really besides the point.  What matters is that life itself is not a “game” at all, and those who separate games from the daily living activities don’t really “get it”.

Medical conditions bring to the forefront the reality of living, and the harshness of how people treat other people.  Yes, 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, may seem like just one of those other “games” that have to be “played” — but the reality is that an effective OPM Disability Retirement application is a necessary part of life’s many facets of games and reality-based endeavors, such that the “rules of the game” always need to be consulted in order to “play” it well, and thus the first step is to learn the rules by consulting with an attorney who can advise on the rules themselves.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement: The things we leave for repair

What we attend to immediately; that which we procrastinate, and set aside; and, finally, the things we allow to falter, to deteriorate in a progressive decline of disrepair — slowly eroding, perceptibly corroding, a sight for sore eyes, as the proverbial adage goes.  And what if it is ourselves?

Of course, the cosmetic and physical fitness industry have cornered the market and turned selfishness into a virtue, and self-love into a cottage industry; something akin to, “If you don’t love yourself, how can you love others?” (or some such parallel inanity of vacuous nonsense as that); or even a better one:  Persuade the populace to eat more sugars and processed food, then blame them for nationwide obesity while simultaneously hooking everyone on the technological steroids of smartphones, computers and the acceptability of being couch potatoes; make sports into a spectator sport, video gaming into a money-generating interest, and all the while, open the floodgates of information dissemination and tell everyone how intelligent they are, or could be, because you need not memorize any facts or have the capacity to engage in critical thinking; no, you can always Google it if you need to know, and oh, by the way, a handful of individuals, unnamed, will control the bias of information on the Internet, Facebook and Twitter from which your feeds of knowledge derive.

Slowly, incrementally, rust forms on the edges of that which we leave for repair, with the admonition that we’ll “get around to it“, that priorities overshadow for the time present; and when we have more “free time”, we will attend to it.  If we counted up all of the seconds, minutes and hours promised by a new invention or a technological innovation, the aggregate would surpass the number of hours in a single day, and we should all possess the wealth of unlimited time.  But rust in the glint of morning sunshine reflects a glow of beauty nestled in the quietude of timelessness; of those things we leave for repair, it is that growing beauty which reflects our diminishing selves.

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 all of the essential elements of the Federal or Postal positional duties, the concept of leaving thing aside — important things — is well known and knowingly engaged.  For the work accomplished reveals the extent of self-denial; the “mission” of the agency, the volume of letters, parcels and packages to be processed at the expense of one’s own deteriorating health; the need to sacrifice for the good of the whole, at the expense of one’s own health.

In the end, for the Federal and Postal worker who comes to a point where 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, the things that were left for repair are those which needed most that neglected attention; for it is the “I” disregarded, the “me” left behind despite the self-identification of a named generation, and the hollow and gaunt eyes looking back from the mirror of time, where we keep “doing for others” when the one we forgot about in the collection and vast array of the things we left for repair, calls in a desperate cry for the tools left rusting in the untouched toolbox of an undetermined future.

Sincerely,

Robert R. McGill, Esquire

 

Federal OPM Disability Retirement: Parsing words and convoluted sentences

Choosing the appropriate word in linguistic expression is the corridor for comprehension; like weapons in the wrong hands and the capacity to push the proverbial button to initiate a first strike, the modern proponent of the elasticity of language has been accused of taking the parsing of it a bridge too far.  Of course, the general consensus is that lawyers “are to blame”; for, in engaging the fine-print and analysis of syntactic components to their exponential extremes, the convoluted manner in which meanings are twisted, coiled and folded into multiple layers of annotations, denotations and connotations, implies a loss of symbiosis between words, reality and the correspondence between the two.

Do words have any meaning at all, anymore?  Or, put in a different way and from a variegated perspective, must the word remain static, or be subjected to the interpretive emotional status at any given moment?  In a different context, such a question posed embraces an implied argument for the hermeneutical approaches that form the wide chasm in Constitutional theory — of “originalism” as opposed to the “living document” school of thought.

Whether one places significance upon the authorial intent, as opposed to the reader’s unconstrained translation of the contextual discourse, tells a lot about a person, his approach to life, and the manner of one’s capacity to evaluate and logically think.

In the end, it is perhaps the compromise between the two extremes which will hold sway with the ordinary person who happens to pick up a Shakespearean play and begins plodding through the double and triple entendres contained within, beneath, and every which way — that the greatest delineation of words and compilation of sentence structures must, however formulated and concisely aggregated, reflect a mastery of the word such that the here and now can be understood, but with a malleability open for playful interpretation.

This is an important point to understand — and for the Federal employee and the U.S. Postal worker who is preparing, formulating and filing 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, every applicant must write up a Statement of Disability in response to Standard Form 3112A, and while the questions necessarily and somewhat delimit the context and content of the substantive form provided, it is the careful parsing of words and the need to refrain from a convoluted discourse which must guide the Federal or Postal employee into presenting a cohesive narrative, a logical and methodological argumentation of persuasive weight, and a clarity of deliberative purpose which sways the reader — the administrative “specialist” at OPM — into granting a Federal Disability Retirement application with a responsive (but merely a “template”) letter stating with unequivocal and unmistakable bluntness: “Approved“.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Of things (which should be) hidden

Perhaps it is a moment of repose, when relaxation allows for an unflattering silhouette or an act with hands which reach for things not publicly accepted; or of an insight into the depths of a soul, better left concealed, congealing unexpectedly before one’s eyes despite best or better attempts to suppress or repress.

We all assume certain aspects of a person’s life, and when they appear not within the slice of images presented to the public eye, we do not take notice because the presumption remains throughout.  Thus do bathroom scenes remain irrelevant throughout most of the history of film, and have only made their debut as titillating artistry masked as prurient creativity encroaches in subtle increments upon our sensibilities (with the obvious exception, of course, of Hitchcock’s scene of the curtained shadow).

Somehow, despite our incessant clatter of protestations to the contrary, the privacy of our lives become exposed and elevated to a pedestal of a declarative rumination, like the child-actor who accepts the adoration of public applause in place of the denied love of a parent.  The lowest of our essence tends to congregate in bunches of time, place and people; perhaps, as like attracts like, and similarities of venturesome teleologies aggregate for symbiosis of common causes, so the ugliness of humanity seems always to find its way where innocence abounds and the naive output is counterbalanced by the depravity of so many soulless zombies.

So it is in the workplace, where the ugliness of human character tends to reveal itself.  But that we wish for privacy, and for the sheer meanness of the human spirit to remain hidden.  The skin is an organ which covers, and for that we may be thankful — as the inner organs of man were never meant to be exposed for viewing where beauty is replaced with the stark reality of who we are.

For Federal employees and U.S. Postal workers who must continue to go to work despite the deteriorating and progressive presence of 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 exposure to things which should remain hidden, often becomes a constancy of unrelenting corridors of shame.

Just as divorce merely widens the microscopic fissures of that which the child already sensed, and the secrets leading to wars were already well-known by enemies and allies alike, so the facade which allowed for amiability and camaraderie suddenly crumbles, and the ugliness of humanity exposes itself.  Why is it that of those things once hidden, they suddenly become public and unconstrained?  And in the very midst of medical conditions and human plight which should engender empathy and consolation, the increase in harassment and progressive punishment exponentially facilitates.

For the Federal employee or U.S. Postal worker who finds him or herself in such a situation, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management becomes not merely the least of options remaining, but the best alternative to a deteriorating circumstance.

And of those things which should have remained hidden?

Like vestiges of timeless reruns from an era veiled by innocence, the reels of fading images defy the reality of our day, and the best course of action is to prepare an effective Federal Disability Retirement application, to be submitted to OPM so that the escape hatch can invite a gust of fresh air where once the stuffiness of a stale and toxic environment was suffocating the very life out of our soulful existence.

Sincerely,

Robert R. McGill, Esquire