OPM Medical Retirement: The Line Between Sanity and Madness

Is it demarcated by a thin line, or is it more likely that the gradual, insidious transformation was fraught with all sorts of signs and indications, but we merely ignored them?

Was the rise of the Third Reich a surprise — or was it an inevitable consequence of the punitive Treaty of Versailles?  When Russia warns of the possibility of a Third World War and use of nuclear weapons, and our response is that such talk is merely “bluster” — is this not the road from sanity to madness?  How do we know, definitively, that it is mere “bluster”, and isn’t the margin of error so thin when it comes to nuclear war, that we should never underestimate any reference in the use of such terms?

The line between sanity and madness is thin precisely because we fail to recognize the signs and symptoms which separate the two.  One day, an apartment building stands tall and by all appearances, sturdy; the next, it is a pile of rubble where flesh and bone have been crushed and pulverized.

From sanity to madness; but what about the signs which revealed themselves, perhaps for a decade — of complaints of shifting, of growing cracks in the walls, of eerie “groaning” noises in the middle of the night; and then, one day, the building collapses, or the bridge falls down…or someone drops a nuclear bomb on a city.

For Federal employees and U.S. Postal Service workers who suffer from a medical condition such that the medical condition has now become a state of madness — where it becomes clear that the prior state of commonplace sanity is no longer feasible — it is best to contact a disability attorney who specializes in Federal Disability Retirement Law, and begin the process of putting your life back together by reassessing what it will take to recreate that thin line back behind the line of sanity, by preparing, formulating and filing an effective FERS Medical Retirement application, to be submitted to the U.S. Office of Personnel Management.

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 Disability Retirement: The Unfairness of it All

His 1971 work, A Theory of Justice, is a “must” read in these times.  For, in the end, how can we discuss the concept of “justice” unless we first come to understand the theory of justice?

Rawls’ work requires patience and thought.  It is not a Sunday-afternoon by-the-fireside read, and some would term it an esoteric work which requires a background in philosophy.  Yes — this lawyer majored in Philosophy and went to graduate school to study Philosophy, but then decided that Kant and Hegel were too difficult to comprehend, and switched to the study of law.

To break down Rawls: The Theory of Justice is essentially a theory of fairness — how do we define it; what criteria can be applied to make it comprehensive and comprehensible; what are the terms of justice which we can all — or most of us — agree upon?

Life is unfair.  Unfairness is all around us.  Within that context of unfairness, can we still achieve a societal sense of justice?

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 continuing in his or her chosen career — “unfairness” is the central theme of life.  “Justice”, in such a case, is to be compensated for your years of service to the Federal Government.

Consult with an OPM Disability Attorney who specializes in Federal Disability Retirement Law, and make sure that “justice” is attained by forcing OPM to approve your Federal Disability Retirement application under FERS.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney Help: The Story to Tell

We all have one.  The younger generation who are just beginning to get married and have kids of their own, are now asking of their parents to write them down for posterity’s sake.  Yes, there are history books telling of each generational challenges, but from whose perspective are they being told?

The “personal” account — of the “I” in an experience of living within a cultural period of recognizable segmentation of events unfolding — is what people yearn for.  More than ever, now, with this pandemic and the changes imposed upon our society, the individual perspective of the person whom we “personally” know, becomes all the more poignant and relevant.

For Federal employees and U.S. Postal workers who suffer from a medical condition and are contemplating filing for Federal Disability Retirement benefits under FERS, there is a story to tell — of how the medical condition impacts one’s ability and capacity to perform his or her job; the need to hide one’s inability because of the fear of ensuing harassment; the stories which never “tell” the truth, such as performance ratings and official position descriptions which fail to detail the exact nature of one’s job, etc.

Contact an attorney who specializes in Federal Disability Retirement Law and begin the process of storytelling — of one’s Statement of Disability on form SF 3112A.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: “Doing the best we can”

Sometimes, it may be a true statement; at others, it may merely turn out to be a throwaway line that is cast about to deceive a decoy into the mix.  What is the objective criteria in determining the truth of the statement?

If a young lad is failing in school and the parents contemplate some form of incentivized punishment, does the mother who relents and says, “But he is doing the best he can” have any credibility?  Or, does the filial affection shown and the inability to disbelieve the large and pitiful eyes looking back with tears rolling down his cheeks, pleading and saying, “But mommy, I’m doing the best I can!” — does it make it true?

How does one determine and separate out the complex structures of truth, objectivity, human emotions and the arena of subjective elements all contained within the bastion of a single declarative sentence?

Or of another hypothetical:  Of a man or woman who is disabled and clearly struggling, but doing everything he or she can do to extend one’s career — overcompensating by working twice as hard, twice the time expended, and three times the effort normally required; does the declarative sentence, “He/she is doing the best he/she can!” mean anything?

There are, of course, differing perspectives — to whom the declarative sentence is being addressed and the one who issues the statement, and the chasm between the two often indicates the loyalties ensconced, the self-interest concealed or otherwise left unstated, and the group-think attachments that cannot be disregarded.  That is the problem of the futile treadmill — no matter how much more effort you expend, it gets you nowhere.

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 his or her Postal or Federal job, “doing the best we can” may actually mean something — but likely only to you, and not to the Federal Agency or the U.S. Postal Service.

The plain fact is that the “rate of return” on the expenditures invested will never maintain any semblance of comity or balance.  For, the very extraordinary efforts being expended are more indicators to the Federal Gov. Agency and the U.S. Postal Service that you are no longer “normal”, and people tend to have that herd instinct and group-think affinity where anything out of the preconceived norm cannot be accepted.

“Doing the best we can” — is it enough?  Likely, not.

Filing a FERS Medical Retirement application through the U.S. Office of Personnel Management will not betray the thought behind the declaration; for, in the end, who are you trying to please?  If it is the Federal Agency or the Postal Service, you are doing a disservice not only to your own health, but to the truth of the declarative sentence itself.

Sincerely,

Robert R. McGill, Esquire
Postal & Federal Employee Disability Attorney

 

Lawyer Representation for OPM Disability Claims: The charade

We have all enjoyed playing the game – of the silent act in order for our team to come up with the name of the book, a famous saying, identification of a country or place; and with some inebriation as a helpful assistant to even greater pathways of outrageous laughter, the game is enjoyed in homes and neighborhoods when gatherings aggregate in times of holidays or special occasions.

It is the silent opera for the actor; the guessing laughter and thoughtful pose for the other members of one’s team.  How did that game come about?  Is it because games reflect a reality of a slice of life?  It reminds one of the “perfect lie” – you know, the one that always retains a kernel of truth, and thus is believable.

The imperfect lie is the one that is made up out of whole cloth – the one’s that a kid who is not yet a master of the believable lie tells to the parents, thinking that a make-believe world is distinguishable from the objective universe of reality, but that you can simply insert an imaginary event into the day-to-day workings of this parallel universe.

No, the perfect lie is like the charade of life – it is acting, but always retaining and containing a slice of reality and truth.  And of other games – of monopoly, cross-word puzzles, trivial pursuit, etc.; are they merely distractions to escape the harshness of life, or do they contain a sufficient amount of that slice to make it all the more interesting?

And of the charade of life – to what extent do we engage it daily, and if someone catches you in the act, can you simply respond with, “Well, I will just playing charades with you all.”  To which the audience (or the police) might say, “But no one else was playing, and you have no team.”  To which the Shakespearean actor would say, “Ah, but all the world is a stage!”

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent one or more of the essential elements of one’s Federal or Postal job, it often seems like you have been playing at the game of charades for quite some time.  The only problem is, your own “team members” haven’t been trying to guess at what is wrong, but rather, have been trying to ignore or otherwise act as if they don’t know.  Or, perhaps you, too, have been trying to hide the medical condition, in somewhat of a “reverse charades play”.

But the time ultimately comes, where you have to prepare, formulate and file an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset.  At that point, the game of charades is over – for you have been finally realized and recognized as “the man who is filing for Federal Disability Retirement” and the Federal or Postal employee who suffers from a medical condition.

Yes, real life is a reflection of the games we play, and charades is truly a mirror of who we are.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: Sign Posts

Whether used as a noun or a verb, the second grammatical appendage can have multiple meanings: as a stick of lumber; as an activity placing information, warning, directional declarative or similar linguistic affirmations; and the combination of the two words can be read only within a greater contextual enlightenment depending upon what meaning is meant to be conveyed or how the inflection and accent is emphasized.

As a mere stick of lumber, it is a rather boring concept, even when attached to the first word, “sign”, precisely because the focus is upon the “post”, and so the emphasis goes directly to the sturdy piece of wood and not to the interests of the information posted.  If, on the other hand, one means to connote a different linguistic avenue – of different and varying posting of signs, then our interest is tweaked because we are immediately drawn into the various and wider universe of warnings, directions, admonishments and disseminated information useful to everyday living.

Sign posts are meant to guide, warn, betray or inform; and between the spectrum of the duality of linguistic translations, there is a natural reflection to life’s everyday humdrum itself.  For, like the analogy between information posted or merely a stick of lumber, living life is likened to a wide spectrum of activities mirroring boredom and repetitive monotony, and those instances where sudden tumult and excitement makes for an interesting day.

Being healthy can be viewed as a form of boredom; it is like the person focusing upon the stick of lumber, even if there are signs posting some warnings.  And, correlatively, when sickness and debilitating medical conditions occur, the viewpoint and perspective alters dramatically, such that the monotony of the piece of wood is now replaced with the blare of the warning, admonishment and legal declaratives, and life becomes a tumult, not merely a lapping wave but a tsunami of devastating impact.

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 the positional duties of the Federal or Postal employee’s job, the alteration of the perspective – whether seen as a “eureka” moment, a modified weltanschauung, or some reflective recognition of changed circumstances – the point is to shift the focus from the stick of lumber to the sign post itself: the job, the harassment, the constant antagonism and acrimony in the workplace – these are all the stick of lumber; one’s own medical condition, dealing with the doctors, the deterioration of one’s physical, emotional and mental capacity – these are the “signs”.

What we focus upon will determine the course of one’s future; and preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is the combination of both words as a compound concept: of recognizing the sign posts, and dealing with it accordingly.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Myth of Upward Progression

We like to think that life is represented by a linear curve of upward progression; in reality, most of us reach an apex, then remain static and content in the late summer years of our lives.  There is nothing wrong with such a state of affairs; as contentment and comfort embrace a spectrum of stability, so the refusal of change and resistance to vicissitude are not indicators of laziness, as once thought in former days of youth where transition, sacrifice and relinquishment of stability were necessary for purposes of future advancement.

Most of us, within a defined minefield of progress and regress, remain within an invisible glass casing of immobility.  Perhaps there is a major financial setback in a given year; or, a promotion or cash incentive award had not been achieved; but in the year following, or the next beyond, it is attained; or an unexpected windfall allows for greater stability least anticipated and most gratifying.

In a sense, we delude ourselves.  But so long as we remain within a constancy of comfort, where an appearance of major retrogression cannot be palpably discerned, contentment prevails, and the bother of breaking new grounds, moving to a larger house, taking on greater responsibilities, adding to headaches and stresses, can be quietly forsaken, left with the self-satisfaction that quietude is a byproduct of a goal once sought for, and achieved without fanfare or celebration.  It is when the bounds of contentment are scattered, the barriers of satisfaction crumbling, when the call to action is suddenly a turmoil of exoneration, and peace as shattered glass stepped upon in bare feet of bleeding souls, that affirmative movement must then be spurred, leaving behind those spurned opportunities once thought cumbersome.

Medical conditions have a tendency to create such circumstances of unrest.  For Federal employees and U.S. Postal workers who suddenly find that the chaos of inchoate situations developing because of a chronic and progressively deteriorating medical condition impacts upon the Federal or Postal employee’s ability and capacity to perform the essential elements of one’s positional duties, the possibility and need for 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, becomes a reality which disturbs and perturbs the quietude of living contentedly.

When a medical condition disrupts that glass bowl of satisfaction, the myth of upward progression becomes shattered, because suddenly all that one has worked to achieve may be in doubt.

Most of us are happy to just find that small oasis within the turbulent oceans of insanity we designate as “civilized society”; but for the Federal or Postal employee who must contend with a medical condition such that the medical condition threatens the very foundation of one’s hard-fought dreams and desultory circumstances, consideration needs to be given to preparing, formulating and filing for Federal Disability Retirement benefits through OPM, if only to resist the temptation that static circumstances are a foregone conclusion, or that the myth of upward progression cannot be defeated by planning for the next great adventure in this, a universe of turbulence of unexpected turmoil.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Life’s Work

There is, then, the job or career we undertake (the distinction between the two is often lost, and depends in large part upon a multiplicity of factors, including length of commitment, opportunity within a given field for growth and advancement; whether any qualifications, certifications or professional degrees are required, etc.); and then, the conditions and context of participating in a greater culture of our choosing, including where we live, with whom we live, what social circles we expand into; as well as how we interact with the extended community surrounding us, and whether we even decide to abide by the rules, laws and limitations imposed by society.

The former constitutes the work we engage during our lifetimes; the latter, the macro-aspect of the work generally confronted during a lifetime.  We often confuse the two.  The conundrum and internal turmoil comes about because so much of the latter often depends upon the success of the former.  Without the wealth amassed through the work of labor, we become limited in the choices we have in the work of living; thus do some choose a life of crime or cheating, as a means of shortcutting and supplementing the former for the latter.  And when the work of labor is cut short, or somehow interrupted, one realizes the impact upon the greater work of life, and must adjust accordingly.

For the Federal employee or the U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to impact one’s work or career, the choice to leave the Federal sector is a difficult one, and not just because of the financial considerations which reverberate upon the greater work of living.  Often, the choice 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, is paused for reflection, procrastination and further delay, because the two concentric circles of life have overlapped to such an exponential degree that one cannot easily be bifurcated from the other.

One’s work of labor involved the social circle; it intersected with the greater percentage of daily living; the meaning and teleological motivation was commingled; even some of the neighbors work in the same neighborhood, just down the street, in our town (yes, it is an unabashed reference to Thornton Wilder’s famous play), or perhaps even next door; so, how can I face a change from the work of labor, without confronting the greater vicissitude in the work of life? But then, there is that medical condition, and it is always the interrupting reality of the medical condition which must, by necessity, be focused upon.

Better to make decisions now, when one has the option to do so concerning the work of labor, lest the limitations are imposed by others, which then can have irreparable consequential reverberations upon the greater work of living.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Stages

Life brings about natural “stages” — paralleling certain age requirements, with subsets and parenthetical footnotes as to each.  As the queried riddle posed by the Sphinx (“What has four legs in the morning, two legs in the afternoon, three legs in the evening, and no legs at night?”) brings about clarity of identity, so the stages of life provide a glimpse into the inherent complexity of man’s psyche.

It is, in part, an inevitability; but to say that all such epochs of behavioral vicissitudes are pre-determined or otherwise inevitable, is to ignore man’s free will, and the capacity to adapt, change and recognize the surrounding environment and realign accordingly. Do artificial stages reflect or parallel man’s natural stages?  One wonders.  For, as man is the creator and inventor of such artifices, do we recognize the inevitable parallelism between that which we mold, and from which we conform the substratum of life?

For Federal employees and U.S. Postal workers preparing, formulating and filing for Federal Service 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 administrative process identified as “Federal Disability Retirement” presents itself in multiple potential stages, also.

There is the initial application stage; then, if it is denied by OPM, one has the second Stage to have it “Reconsidered” (and thus the name, the “Reconsideration Stage”); if denied a second time by OPM, then one can appeal the Federal Disability Retirement case to the U.S. Merit Systems Protection Board; and further, if the Administrative Judge at the MSPB rules against the Federal or Postal employee in a Federal Disability Retirement case, one has the further appellate right to file a Petition for Full Review, then an additional appeal to the U.S. Court of Appeals for the Federal Circuit, or to bypass the Petition for Full Review and go directly to the U.S. Court of Appeals for the Federal Circuit.

Somewhat like the Riddle of the Sphinx, there are normally 4 (sometimes 5) stages to most administrative processes, and Federal Disability Retirement is no different.  The difference is found in the fact that, unlike those complex stages in natural life, we have the capacity and opportunity in engaging the artificial stages presented, to add, make corrections, and supplement the mistakes made previously.  But that we could do more of that in our natural lives!

Sincerely,

Robert R. McGill, Esquire