Federal Disability Retirement: The Socratic Method

It is a lost art; a contribution from the vestiges of Western Philosophy which was once the pinnacle of an admired approach.  It is a cousin of another from a quote attributed to that “first philosopher”: That an unexamined life is not worth living.  Together — of an internal examination coupled with an external analysis — they constitute the basic foundation of knowledge and the pursuit of truth.

High schools have abandoned the approach; colleges avoid it as being too time-consuming; and in the end, we have just become a polemical society drowning in our own indoctrination of thoughtless regurgitations of convenient soundbites.  For, the Socratic Method is that which the child first begins with: Why?

It is the question based upon curiosity, of a natural desire to seek the Truth.  It is, furthermore, a refusal to accept an answer of why and how we do things, of what we assert to know, “just because”, and instead, to keep pushing to the outer limits of knowledge until certainty and certitude are attained.

That is why, for Federal and Postal Office employees 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, a call to a competent attorney will result in being subjected to a form of the Socratic Method: Questions in order to ascertain whether or not you are eligible and entitled to Federal Disability Retirement benefits.

For, in the end, the truth of your Federal Disability Retirement case must be able to overcome the obstacles which the U.S. Office of Personnel Management will be placing in your pathway.

Contact a FERS Disability Retirement Attorney who specializes in Federal Disability Retirement Law, and begin the process of preparing, formulating and filing an effective Federal Disability Retirement application under FERS by engaging in the ancient methodology of the Socratic Method.

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 Medical Retirement Law: The Dogmatist

It is easy to fall into being one; and, one need not be overtly (or overly) religious in order to be considered as such.  Ultimately, it is not the opinion held or the inability to see different perspectives or “angles” on a matter; rather, it is the attitude which defines the dogmatist — the arrogance; the refusal to consider other viewpoints; the intransigence of thought.

Now, that is not to say that being “dogmatic” is always a negative thing; for, there are instances in life where “sticking to one’s principles” is a good and necessary thing.  Sometimes, when the winds of change and the malleability of ethical or moral convictions seem to reactively alter as quickly as the weather, it is of some comfort to find a dogmatist in our midst.  But context and content combined, always matter; and it is the “when” as much as the “what” which determines whether being a dogmatist is justified.

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 duties, being a dogmatist may be a detriment.  Never think that your own case is a “slam dunk”; for, to be unequivocally adamant about the strength of your disability case is often because the one who suffers from a disabling medical condition cannot think otherwise — in other words, like a dogmatist would think.

Consider, instead, contacting a Federal Attorney who specializes in Federal Disability Retirement Law in order to get a more balanced view of your case, and leave your dogmatic views on more pressing moral or ethical issues which may necessitate the strength of your convictions in order to retain the antiquity of intransigent thoughts.

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 Benefits: Where to Start

Of course, the “where” is not properly the true concern — for, it is not the location, but rather a different sense of the word that is applied.  The “where” concerns the juncture or the beginning point of a process; of what information to gather; the arguments to be made; the emphasis upon which to direct their attention; the nexus that must be established, etc.

While all that must be gathered, argued, collected, assembled, collated, described, delineated, combined, etc. — the “where” is often meant to merely be a beginning point that is logically ensconced within the entirety of the complex process.

For Federal employees and U.S. Postal workers who ask that question or query that puzzle, the answer is simple: Begin with the foundation.  And, what is the foundation?  The foundation is the medical concern itself; and once the foundation is laid, then to work towards the conclusion as to why the Federal or Postal worker can no longer perform all of the essential elements of one’s Federal or Postal job.

Where to start?  Contact a disability attorney who specializes exclusively in the field of OPM Disability Retirement Law, and begin from there.  For, in the end, that is clearly the logical beginning point of the complex process involving the bureaucratic morass of Federal Disability Retirement Law through 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.

 

FERS Disability Retirement Pension: Order of Our Lives

All lives require it.  Some, more than others; others, less than some.  If self-order is not imposed, then some semblance of order from beyond will come about — through reactions of others; by forcible confinement; by privileges withdrawn, etc.  Society requires it in order to manage a civilization; civilization is defined by it, with anarchy being its alternative.

Immanuel Kant argues that there are internal structural categories which impose order upon an otherwise chaotic universe: We “see” the world around us through this ordering cognitive perspective; otherwise, we would not be able to go about our business.  When the disorder in our lives becomes too prevalent to bear, we manage by either ignoring or avoiding the alienation of our selves from an otherwise overwhelming sense of chaos.

For Federal employees and U.S. Postal workers who suffer from the chaos of a medical condition, the order of our lives may require the preparation and submission of an effective Federal or Postal Disability Retirement application under FERS, to the U.S. Office of Personnel Management.

Medical conditions themselves can create chaos, and it is only by removing one facet of that chaos — the stress of having to continue to work in a career which is no longer viable — that a greater sense of order of our lives can be created.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Lawyer

 

Medical Retirement Benefits for US Government Employees: Divided, Denied

We have all heard the various phrases and mottos — of being united as opposed to divided; that a house divided cannot stand; and in infantry logistical terms, of dividing the enemy, then conquering, etc.

It is a tactical maneuver which is well-tested — of doing a spear-headed attack and cutting enemy forces into separate units, then beating them independently by outflanking the divisions; or of dividing by cutting off communications or supply lines and denying opposing forces those vital support systems, etc.

OPM uses the same tactic — of dividing, then denying.  Often, Federal and Postal employees suffer from multiple conditions, and it is the aggregate of the conditions which prevent a person from performing one or more of the essential elements of one’s Federal or Postal job.  But OPM will isolate and minimize each medical condition and say, “See, that condition in and of itself does not prevent you from performing your job.”

Such a tactic is similar to denying another well-worn quantity — where the whole is greater than the sum of its parts.  When a Federal or Postal worker must deal with multi-faceted health problems, don’t fall into the trap that OPM tries to set — of accepting their denial by dividing each individual medical condition into separate and divided parts.

Contact a FERS Disability Lawyer who specializes in FERS Disability Retirement Law, and rebut an OPM denial which fails to understand the well-known truths of unity, aggregation and the greater whole.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employees Medical Retirement: Insult to Injury

It is a common enough phrase, and most of us know about it, learn it early on and recognize the phrase easily.  If asked where or from whom we first heard the phrase, most of us would scratch our heads and vaguely reference our parents, grandparents, or perhaps a friend of long ago.  The point is that such a phrase is likely so commonplace and universal precisely because it represents a commonplace occurrence.

It happens so frequently that the phrase itself is accepted as representing a regular event in everyone’s life.

We hear the stories often enough: “I was walking along the street and X happened to me.  That was bad enough.  But to add insult to injury, then Y did this-this-and-that to me, as well!”  Or: “I thought it was bad enough that X wouldn’t do Y for me, but to add insult to injury, he then proceeded to do Z.”  Yes, it is the commonplace-ness of it all which is the reason why the phrase itself is learned at such an early age.

Life is like that, isn’t it?  After the newborn first learns those early words or sounds — like “Ma-ma” or “Da-da” — he or she then immediately learns the phrase, “To add insult to injury”.  Well, maybe not those very words, exactly, but something close to them.

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, consult with an OPM Disability Lawyer who specializes in Federal Disability Retirement Law before the Federal Agency or Postal Service adds insult to injury.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Worker Disability Retirement: Form-filling

There are the two sets of Standard Forms in a Federal Disability Retirement Application: The SF 3107 series, and the SF 3112 series.  Both are necessary in order to file for Federal Disability Retirement benefits.  The first set (SF 3107) merely requests basic information throughout the multiple pages — i.e., name, address, organization, date of birth, social security number, questions on life & health insurance, etc., as well as certifying the summary of your entire federal service, etc.

It is the second set of forms (SF 3112) which is specifically pertinent to the Federal Disability Retirement process — questions involving your medical conditions (beware of what and how to list them); what impact the medical conditions have upon the Federal or Postal job that you do (the need for establishing a “nexus” between the two); as well as any accommodation efforts provided by your agency (know what the term “accommodation” as a legally viable attempt constitutes, for many people are confused about the issue).

Ultimately, Federal Disability Retirement is far more than mere form-filling; for, most anyone can fill out the first set of forms (SF 3107 series); it is the second set (SF 3112 series) which inherently sets out the basis of a viable Federal Disability Retirement application under FERS.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Benefits: Human Nature

There are other “natures”, of course — of a dog’s or a cat’s; or of a vulture’s, and perhaps of lower order species which we barely give notice to: of spiders (except when they crawl near to us), mice, grasshoppers and frogs.  For species we deem to be less intelligent or possessing the capacity for “free will” (i.e., making decisions and performing acts outside of a predetermined view of what they are “supposed to do”), we tend to have an opinion of, “X does Y because that is the nature of X to do Y”.

Thus, when we read about a traveler who went to a game reserve and got mauled by a lion whom the traveler thought — just a moment before —was “friendly” enough to approach and take a close-up picture of, we shake our heads at the fact that the individual ignored the clear and visible sign which read: “Caution —Do NOT leave your vehicle. Dangerous Animals” or some similar preemptive warning.

Then, of course, there is “our” nature — of Human Nature.  What is it?  We are an animal species which is able to adapt, possess the talent for a thousand things but remain mediocre in all of them.  We cannot run as fast as a cheetah, nor have the ferocity of a lion; we cannot fly like the birds, nor have the venomous bite of a snake.  Yet, we can build cars which can outrace a cheetah, create weapons that do greater damage than a lion’s claws; we can build airplanes that travel greater distances than birds and manufacture bullets that pierce flesh beyond what a snake can deliver.

Of course, we like to think of “human nature” as being, as Aristotle would put it, “rational” first, and vicious somewhere down at the bottom of the list.  But wars, the devastating trails of what we leave behind — they attest more about Human Nature than our rationality.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the issue of Human Nature as one comprised of cruelty, retribution and back-stabbing is probably not a surprise.  As your medical conditions worsen, you may have noticed a lack of empathy and a growing sense of animosity and contentiousness from your Agency or the Postal Service.

Chalk it up to “Human Nature” and the capacity of human beings for lack of qualities which — while we may like to think of as comprising the essence of humanity — comes out at the worst of times.

Consider, at such a point, whether filing for Federal Disability Retirement might not be the best option available, and consult with a FERS Attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: Trials of error

Normally, of course, the common usage of the terms involve the combination with a conjunctive — of trial and error, implicating a process whereby the latter term triggers the former (i.e., the “error” forces us to engage another round of trials, which then may lead to further errors resulting in further trials, etc.) into a potentially lengthy repetition of attempts, each with the advancement through possession of greater knowledge gained from the errors identified and witnessed.

The concept as it stands, however, implies something further:  of the experience of each error and the process within such error and what the error may implicate.

Human beings have an expansive capacity to “move on” quickly beyond errors made, and perhaps that ability of adaptability is an evolutionary advantage for a species that makes a fair number of errors that, in other contexts and within other species, would spell the extinction of the species itself.

Errors compounded go beyond the experience of the trial itself; sometimes, errors lead to other errors, and thus the “trials and errors” in their aggregate allow for greater knowledge and adaptability depending upon the nature of each error and of many trials.  But it is the trial of the error that often needs to be paused, and allowed to ponder upon, before going on to the next trial, lest the lesson from any one error has not been sufficiently learned before a further trial is engaged.

Sometimes, of course, the trial of an error, if not sufficiently comprehended and reflected upon, is the very reason why further errors of judgment follow, precisely because not enough time has been spent upon the nature of the error itself.

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 is important to recognize the trial of an error — for, with a Federal Agency or the Postal Service, one is encountering a behemoth of intransigence when attempting to garner any sympathy or loyalty.

Medical conditions themselves are “trials” enough, and when a Federal Agency or the Postal Service begins the process of punishing the Federal or Postal employee for taking too much SL or LWOP, or even invoking FMLA rights, the “error” is not so much the trial of patience, but rather, in thinking that the Federal Agency or the Postal Service was ever on your side to begin with.

While a Federal Disability Retirement application may not be a strictly “adversarial” process, one must always consider whose “interests” are being looked after in each trial encountered:  the interests of the Federal Agency or the Postal Service, or of one’s own?

The trial of error often begins with a mistaken identification of a more fundamental error on the part of the Federal employee or U.S. Postal worker, and for the Federal or Postal worker contemplating filing for Federal Disability Retirement benefits, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, the first step in preventing the greater trials of multiple errors is to consult with an experienced attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire