FERS Disability Retirement from OPM: Time to Heal

Depending upon where you place the verbal accent to accentuate one or the other of the 3 words strung together, the phrase can have different meanings.  There is a time to heal; it takes time in order to heal; over a stretch of time, healing may occur; as time passes, the trauma becomes less powerful, and healing takes time.

Time and distance allows for acceptance to occur.  The regularity of a person’s absence or that of a beloved pet, allows for habit to incorporate the missing “other”.  Death, as a finality of non-existence, is something which modernity attempts to avoid.

Yes, we read about it in the obituaries, and recognize that it happens every day, all around us; but in an antiseptic universe where we insulate ourselves from the objective world by getting lost in the virtual universe of Smart Phones, Computers, and the idolization of youth — we avoid the natural occurrence of mortality’s end.

Our encounter with Being, as Heidegger would put it, is the regular avoidance of choice by engaging in human projects in an effort to “forget” the teleological result of our state of being; and so we need time in order to heal from the recognition of the extinction of others, lest our own imaginations fail to save us.

Time was, because of famine and disease, a family of a dozen could see death of at least a few, but modern medicine has cured us of that calamity — until the pandemic reminder of recent vintage.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition reminds you daily of the need to heal, time is unfortunately not on your side.  The daily grind of your work doesn’t allow you to heal.  Healing needs time away and time in and of itself in order to allow for healing to occur.

Contact a Federal Lawyer who specializes in Federal Disability Retirement Law, and consider that Federal Disability Retirement benefits will allow you to focus upon your health, and allow Time to Heal.

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 Medical Retirement: Indicators and the Berkeley Problem

Are other people’s private thoughts different from ours?  Or, is “existence” defined as Berkeley attempted to clarify it?

George Berkeley, Bishop of Cloyne, was a brilliant 18th Century Metaphysician who effectively criticized Descartes, Malebranche, Locke and others; and, although he is often considered a “second-tier” philosopher, was logically sound in his defense of Idealism.

His famous precept — Esse est percipi (“To be is to be perceived”) — is often simplistically attacked by arguing thus: “So, what you are saying is that, once I leave the room, the room I left no longer exists because I am not perceiving it, anymore.”  No, not quite; no more than a person’s thoughts no longer exist once the conversation ends.

Berkeley’s conception of “existence” encompasses not only the worlds we directly perceive, but also the ones which we have perceived and can potentially perceive.  And his philosophical approach is more relevant today than ever before, as we insulate ourselves on computers and Smart phones, where “reality” is almost entirely encompassed by the confined universe of the surreal and virtual meta-universe of the Internet.

For many Federal employees and U.S. Postal Service workers who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management under FERS, the indicators and the Berkeley Problem persist: For many, whether psychiatric conditions or chronic pain, the “reality” of such medical conditions are “subjective” — meaning, they do not exist because they cannot be perceived.

But “perception” encompasses the conceptual arena of “feelings”, as well, and while OPM may attempt to dismiss your claims for Federal Disability Retirement benefits, they are clearly unaware that this attorney — the one writing this blog piece — wrote his Masters’ Thesis on the Berkeley problem — and is well aware of how to counter OPM’s lame arguments.

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 Law: The Skewed Perspective

Watching a television series — say, a crime story set in a certain town or suburban enclave — can bring about a myopic viewpoint about a county, a city, a state — even a country.

From watching such a series, one might conclude a number of things, including: A. Most people in that part of the country are bad people, B. That part of the country represents much of what it is like in the rest of the country, and C. The country as a whole is like that; therefore, I am moving to another country.

Now, one should be cautioned as to taking such drastic steps as stated in C above; and even A and B may be a perspective which fails to reflect reality.  First, murder-mysteries must normally involve — by necessity — a bunch of bad characters, and thus represent an extreme microcosm of moral failures within a narrow, compacted group of characters.  Second, stories told on television — whether in one episode or via multiple seasons — are based upon abbreviated biographies of individuals, and rarely represent a true picture of the greater community surrounding the murder-mystery.

Most of the people in the community likely live boring, uninteresting lives, and thus would not be brought into the storytelling within the context of the television show.  Thus, just as when you are telling a story at the dinner table to your friends and family about some interesting thing that happened to you, you will likely leave out the detail about how many times you went to the bathroom during the incident related; so, in parallel fashion, a television series will leave out many details which are monotonous and unrelated to the main plot.

It is the consequences of having a skewed perspective that is most troubling, of course — of “C” above, where you make a drastic decision based upon an untrue belief based upon a fictional depiction of an event.

Not filing for Federal Disability Retirement benefits under FERS is somewhat like that.  You might have the wrong — skewed — idea about the process — that “no one ever gets approved” or that your specific medical condition somehow “doesn’t qualify”, and so therefore you don’t even try, and instead continue to devastate your health because of wrong assumptions.

On top of it all, the medical condition itself often contributes to the skewed perspective.

Contact a Federal Disability Lawyer who specializes in Federal Disability Retirement Law, and don’t let a skewed perspective undermine the reality of a life which is actually available to live.

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 Employees Retirement System (FERS) disability Retirement: In Captured Time

It can be a photograph — of a time frozen.  In our imagination, whenever we come upon the same photograph, the mind’s eye begins to immediately re-live that moment captured, and provides the context, the vestigial events surrounding that frozen tundra of an otherwise stoic moment.

If it is an image which has no relationship with you — perhaps seen at a neighbor’s house or a friend’s apartment — then the moment in captured time remains just what it represents: an event, a moment, a picture of people as they are, represented by the photograph in captured time.

Of course, you can still put your imagination to work and try and realize what had occurred, when it was taken, who took the photograph, and perhaps even contextualize the image by combining your own memories with a creative insertion of projected impositions upon that tundra of timelessness — but in the end, it would all be “make believe”.

In life, captured time is also one of immobility and paralysis.  Medical conditions also bring us in captured time by refusing to allow us to move forward.  Regression is an element in captured time when medical conditions become chronic.

For Federal employees and U.S. Postal workers who want to move their lives forward and beyond the moment in captured time, contact a Disability Retirement Lawyer who specializes in OPM Federal Disability Retirement Law, and begin the process of moving outside of captured time, and into greater moments of life and living, where the frozen tundra of remaining in captured time is replaced with the warmth of living beyond the lifeless inertia of a photograph unrelated.

Sincerely,

Robert R. McGill, Lawyer

 

OPM Disability Retirement: Happiness Lasting

Can the precipice of elation last for long?  What of contentment — a seemingly “lower-level” joy that pervades and remains for the duration of a season?  Does evidence of its durability depend upon a smile frozen upon one’s face, or can it continue to establish its existence with gleaming eyes and a perpetual grin that seems never to go away?  Is glee in youth different from a winter’s discontent followed by a summer of joy, and does a period of happiness fostered by nostalgia the same as two young lovers who proclaim the currency of an unfettered passion for life?

Modernity celebrates the cult of youth, and it is thus assumed that happiness is the sole possession of those who look and declare youthfulness; but in the end, is it just wasted energy that dissipates because the young have no knowledge of how to handle such emotional turbulence?  What does it mean to “be happy”, and should it ever be considered as a worthwhile “goal” as opposed to a byproduct of a life well lived?

When a person feels elation, should the advice be: Temper it, for such a spectrum of heights will never last and you will find its opposite and negative effect at the end of it all — of dread and dismal desolation.  Or, should one just enjoy it while it exists, and deal with its opposite when it comes about?

Aristotle’s approach of finding the middle ground — of a moderation of temperament and approach to life — may allow for happiness lasting precisely because the height and depths of the spectrum of human emotions are never allowed to consume us.

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, the idea that happiness lasting can no longer be attained is a pervasive feeling because of the medical condition itself and the effects upon one’s life and career.

Filing for Federal Disability Retirement benefits under FERS may not be the “solution” to attain happiness, but it can be a process where intermediate goals can be achieved — of what to do during the pendency of one’s medical condition; of how to change careers; of how to attain a sense of stability for the future while attending to one’s own health and well-being.

It is a means to an end, where happiness lasting can be seen in the short-term goal of securing one’s future by filing for, and obtaining, a FERS Disability Retirement annuity before the next set of challenges in life’s fulfillment of changing circumstances must be faced again.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Claims: The Crafted Statement

The crafted statement is the one which is thoughtfully delineated, carefully constructed and put forth with logical force of persuasive content.  It is not the one written in a panic of time-constraints, nor the one rushed with the background admonition screaming in one’s mind that it “must be finished!”

The crafted statement takes into account the evidentiary basis, evaluates the strengths, carves out the weaknesses and applies the legal precedent in appropriate and effective ways.  While repetition is a tool utilized (because, after all, we are dealing with seasoned bureaucrats at the U.S. Office of Personnel Management who are quite used to repetitive content), it nevertheless does not apply such a tool without sound reasoning behind each word of redundancy, but instead places the cadence of words within a rhythmic sentence wrapped in a paragraph of argumentative methodology of persuasive content.

For Federal employees and U.S. Postal workers who are putting together one’s Federal Disability Retirement packet, to be submitted whether first through one’s Human Resource Office at one’s agency (if the Federal or Postal worker is still an employee, active or not, or if separation has occurred but not for more than 31 days) and then to the U.S. Office of Personnel Management — or, alternatively, if separation has occurred and 31 days or more has passed, but not more than 1 year, then directly to OPM at Boyers, PA — the crafted statement is a “must” in completing SF 3112A, Applicant’s Statement of Disability.

But that is not the only place where the “crafted” statement must be prepared.  Long before SF 3112A is completed, or even contemplated for completion, SF 3112C and its confusing instructions had to be dealt with.  Physicians are not known for their writing abilities; rather, they are (hopefully) great at providing sound medical care, but as for the well-crafted statement, well…some guidance and input from an attorney who  specializes in Federal Disability Retirement Law is the first step in putting together the crafted statement.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation OPM Disability Retirement: The dreams we forego

At what point did we grow up?  For, isn’t that the underlying theme of popular depictions in modernity — of people pursuing those “bucket lists” when mortality finally touches upon the recognition that life is short, oh so brutally short?

“Growing up” is defined by most as the moment when all dreams are set aside, “reality” replaces by the whims of a chosen career, a 401-K and a trade-in of the beloved fourth-hand Beamer for a hybrid of some unknown brand.

“Responsibility” is the key term, and those childhood dreams we forego are not so much replaced but set aside in quiet exchanges of euphemisms we become so adept at declaring — of “suspending it for now”; “When we’re able to get better cash flow”; “When the right time comes”; or maybe that catch-all, “It just wasn’t to be”.  Or, maybe true love delayed the dream, and there is certainly nothing wrong with that — where a lesser sacrifice is made in order to attain a greater good or desired end.

“Giving up” things is too often thought of as something “negative”; and so we make unrealistic and unwise promises to ourselves that we will never again “give up” X or Y, and years later, the skeleton that continues to strive onward, even to the detriment of one’s own wellbeing, continues upon the empty promise despite having forgotten why the promise was made in the first place.

The dreams we forego had a reason back then; it is the “now”, when we refuse to change and stubbornness sets in, that is the real problem.  For, back then, it wasn’t actually the “dream” that was let go that was a problem at all; it was the fact that we were able to be so adaptable that revealed the strength of our character.  Now, as one gets older, it is stubbornness that becomes the problem — the inability to modify, to adapt, to change; in short, to forego in the same manner that we were able to when once we were young.

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, is the “problem” one of not being able to change?

To one’s detriment — of the deteriorating health, of the constant struggle at work, and the growing awareness that one is no longer that spry chicken able to ignore the chronic pain and overwhelming anxiety; and yet, the ultimate question becomes, For what end?

Preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted through the U.S. Office of Personnel Management, is not the same animal as the dreams we once abandoned; it is, instead, another stage of one’s life, and if resentment and anxiety are growing concerns that are beginning to haunt, it is well past the time to “grow up” and begin to prepare a pathway to exit the hell that is beginning to percolate.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: What we believe

Belief is a funny animal.  So long as what one believes is never uttered, one can change them from day to day, or even from one hour to the next, without consequences attached.  Of course, you can do that, anyway, and many do in this day and age.  Once spoken, however, a belief takes on the figurine of a furnace-fired ceramic piece; to change is safe only in engaging the linguistic language-game with those who never heard of the belief, but there is a danger that such third parties could report back to the first party to whom the belief was conveyed.  Then, of course, there is the potential charge of hypocrisy.

On the other hand, there is always the disarming disavowal that it was all merely a “misunderstanding”, or perhaps that the other person didn’t get the “nuance” of the utterance; or the catch-all detachment:  “I was joking”.  Facts, of course, can alter beliefs, and that is supposedly acceptable because one has evolved through maturation of knowledge (unless, of course, you are running for political office, in which case you are reserved the allowable space to maintain the cognitive bifurcation like a schizophrenic, concurrently holding a “private belief” while concomitantly stating a “public stance” on certain sensitive issues).

Further, beliefs can become transformed via genetic, life-stage or “aha”-moments; the first because of some recognition that the wired-DNA that constitutes the “real” self has finally been revealed; the second, because there are recognized stages of living – of those prepubescent years, of middle-aged crisis and menopausal breakdowns, or in the end, just because a spouse and his or her lifetime commitment “grew apart”; and the third, by religious conversion and the “road to Damascus” experiences which allegedly justify a transcendent transformation.

In many ways, they are like opinions, though purportedly of a higher order.  Of opinions, it is often said that we all have them – of no greater consequence than the urgency to utilize the bathroom, with the latter having greater significance than the former; but of beliefs, they were once contingent upon study, reflection, coherence and rational methodology.  Somehow, in the linear progression of Darwinian evolution, the higher order of thought processes lost its way, and the meandering of human folly became the prominence of epic conundrums.

We have come to a point in human history where, what we believe is of an irrelevancy based upon our lost hope in discarding reverence.  For, the “what” must have a prefatory methodology, and that foundation was the reverence for creation.  We no longer believe “in” anything, because we no longer have any faith in anything of consequence.  Without awe, the human factor of hope, and therefore of belief, becomes a vacuity of thoughtlessness.  As all of creation is constituted by material equivalence, so our beliefs are of no greater worth than the gaseous ethereality emitted from the guy sitting on the next stool.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition may necessitate filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the loss of belief is an important factor to recognize – for, the one saving constancy throughout is that there still remain “laws” which people, agencies and even the U.S. Postal Service must abide by.

Adherence to the law is often the only saving grace in the craziness of this world, and knowing it, applying it and arguing it in meeting the preponderance of the evidence test, is the best way to avoid that catch-all dismissive, that it is all merely “your opinion” as opposed to “my belief”, when in fact pointing out the precedential case-law and arguing the statutory basis is precisely what is needed to get beyond the irreverent assertion of that which we believe.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The caustic nature of disdain in parity

In human history, class structure — whether of bloodlines or lineage; of wealth or claim to title and royalty; or of validated descendants from ancestral superiority — has been the norm.

Then, along came a religious figure (unnamed herein to avoid risk of inflammatory offense and preventing the potential for implosions of alarming hashtags in fits of fear and panic) who posited the notion that the “poor” (that class of mass populace which comprises the greater part of the world) should take “pity” upon the “rich” (those in the minority of the greater class struggle who control and manipulate the invisible levers of the world) because of the difficulties inherent in obtaining the proper credentials to enter through the proverbial pearly gates.

He went further in word-pictures of masterful storytelling, painting images of hellfire, suffering and punishment for those who mistreated the former, and where rewards, awards and commendations bestowed were merely of a temporary and ephemeral nature, whereas the eternal damnation based upon pleasures enjoyed in the temporal world would last well beyond the palliative superficiality of currency beheld.

The problem unstated, however, when the concept of “pity” was introduced, was twofold:  First, the validation of such a feeling and perspective made equals of those in unequal circumstances, and one could even argue, reversed the roles maintained for societal conformity and stability, and enforced a parity of stature; and, second, the emotional and psychological make-up comprised in the very heart of “pity”, is akin to “disdain”, and is a close cousin thereof.  Yes, yes — the one attaches to charity, a desire to assist and retains elements of empathy, sympathy, etc.; but it is more than that.  “Pity” allows for parity of status and stature, just as “disdain” reverses the roles of societal convention.

That religious figure of yore (though we may impute total and complete omniscience upon the fella) injected into society a heretofore unnecessary and problematic component of societal disruption.  It is, indeed, the caustic nature of disdain, which can evolve from pity, that presents itself as the poison which kills and the infectious spreading of ill-will and discomfiture.  The feeling of unease quickly spread throughout nations and continents, and we are in the state we find ourselves in modernity, because of that uninvited infusion of dissatisfaction.

For Federal employees and U.S. Postal workers who daily toil with a medical condition, and face the onslaught of the Federal workforce and the Postal groups, the problem of pity and disdain, and their combined causticity is well-known.  So long as you were healthy and fully productive, your coworkers, Supervisors and Managers treated you within the well-defined “class-structure” of acceptable conduct and behavior.  Once it was “found out” about your medical condition, suddenly their attitude and treatment towards you changed, and altered dramatically, or perhaps (in some instances) in incremental subtleties of quiet reserve but spiteful turns.

Perhaps some “pitied” you, and you them; but such feelings have turned to disdain — not on their half, but from your perspective. Why?  How?  You are the one with the medical condition, who cannot perform all of the essential elements of your Federal or Postal job, so what right have you?

Precisely because of that historical figure of yesteryear; that the true essence of human nature is to be cruel, and thus the best alternative remaining is to prepare an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, in an effort to preserve the last vestiges of a class structure quickly fading in this world where the caustic nature of disdain in parity still survives.

Sincerely,

Robert R. McGill, Esquire

 

OPM Federal Medical Retirement Help: Jobs — the true civil rights

Throughout history, across national and international lines of artificial demarcations; over barriers confining and limiting all conceivable sectarian ceilings; in every society, community and communitarian conglomeration where people must live and tolerate one another, there has always been an allegation of unfair treatment, discriminatory division, and biased cacophony of complaints.  Perhaps all of them are valid and legitimate; perhaps some are and others not as much.

Whether by ethnic identification, normative connection, racial similarities or shared sexual orientation, the treatment by any given society of a group bifurcated by an identifiable feature of appearance, lineage or historical caricature, is forever fraught with inherent complexities.  Politicians have their own motivations for agreeing or disagreeing with a group’s alleged violation of “rights” in a society; beyond the vote, they want the financial support and agreement to refrain from disruption of speechifying and rallying.

The problem with each identifiable claim of unfair treatment, however, is that the impact upon other groups outside of the chain of identification can be so alien as to defy empathy of relating; I am not my brother’s keeper if I cannot relate to the existential phenomenology of derisive treatment.  Yet, what has been “missing” in each historical movement shouting for equal and fair treatment, is the one and only true civil rights issue which touches every ethnic, racial and cultural divide — jobs.  It is the one component in every given society which touches every household, whether by racial, sexual or ethnic identification.  It provides for a standard of living; it gives purpose and substance to each individual; and it reflects upon the magnitude of a society’s caring for the aggregation of citizenry.

The flight of jobs leaves behind the devastation of towns and cities; and the abandoned homes and former factory buildings no longer bright with endless rows of fluorescent lights after many have gone home, is a testament to the blight of future hopes and dreams.  Decade after decade, we hear of “trade agreements” which will “brings jobs back”; but to whose benefit?  No one ever asks that question.  And as each year the jobs flee, the trumpeting of the next great “agreement” is touted from the soapbox of hope.

Sometimes, it seems that we all fall prey to the conmen of political expediency, where taking up causes which divide and separate, while ignoring the only true cause which matters, is done with purposive infamy.  Indeed, that very same issue is often the stumbling block for Federal employees and U.S. Postal workers who are considering 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 Federal or Postal employee 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 his or her position, will often pause because of the very nature of change — of the loss of one’s job, lessening of income, and alteration of circumstances.

Having a job is always a comfort of security, and sometimes a luxury of sorts, especially if you are healthy and able.  In many ways, it is the one and only true civil rights issue, and for the Federal and Postal worker, to “give up” that “right” when it has been the source of one’s identity — not to a group or with a status based upon a cultural divide, but upon the singular factor which matters to most — of pride, productivity and purpose, it is often understandably difficult to take the next but necessary step in preparing, formulating and filing for Federal Disability Retirement benefits through OPM.

Sincerely,

Robert R. McGill, Esquire