FERS OPM Disability Retirement: Happy New Year 2023

Each year brings forth a new set of challenges – or as it were, a new set of problems.  It all depends upon how we view it.  The optimist will see an opportunity within the new set, while the pessimist will have a negative perspective and affirm an unconquerable obstacle.

And the cynic?  The cynic will combine the optimist’s and the pessimist’s beliefs and see the former as a fool and the latter as even a greater fool, and where both will fail in their endeavors regardless of attitude or mood.

Whatever the outcome of all, the march of time trudges onward and the new year brings about changes regardless of our feeble attempts to control and circumvent them.  The natural, objective world cares not about human needs, problems, or tragedies, and time nor changes of calendric alterations fail to alleviate them.

Nevertheless, we celebrate each new year as if it provides a clean slate to begin anew, and that is a good thing, let all the days of our lives be looked upon as a single aggregation of comedic inconsequence.

Everyone likes to have a fresh start, whether by artifice or natural inclination and so we celebrate this next new year as we have every year, “as if’ when the clock strikes midnight and the single tic-tok following has made any difference at all; and yet, let us cheer a  toast of goodwill and prepare a celebratory welcome, if only to bring hope and joy to those less fortunate.

For, after all, while nature sleeps unencumbered by the problems of tomorrow, it is the human effort which can make a difference in people’s lives, and that is what distinguishes the optimist from the pessimist, and force silence upon the cynic’s lips.

For Federal Employees and U.S. Postal Workers who suffer from a medical condition that may necessitate filing for Federal Disability benefits in the coming year, contact a FERS Lawyer who specializes in Federal Disability Retirement law in 2023, and begin to adopt an optimistic view for your future.

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: 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.

 

OPM Disability Retirement benefits: Misjudging Yourself

It is not an accident that most people are unable to accurately assess or evaluate themselves, their circumstances or the road forward.  Look at Plato and his magnum opus — The Republic.  Therein lies the hoax of unfettered hubris — of the declaration of who should be the ruler and king?  None other than the Philosopher — or, more humbly put, Plato himself.

Are we the best judge of ourselves?  All of us have a tendency towards seeing ourselves in greater or lesser degrees which fails to reflect reality.  To compound the problem, we also rarely appreciate criticism or outside evaluations which do not comport with our own self-assessment.  Yet, in most serious circumstances, that is precisely what is needed — an objective accounting of a given situation; the alternatives available or potentially open; the solutions possible; the road forward.

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 need to file for Federal Disability Retirement benefits under FERS through the U.S. Office of Personnel Management is a given; but the assessment in the strength of a case, what is needed to bolster the chances of winning against OPM and the requirements to meet the legal criteria — those issues should be handled by a competent disability attorney who specializes in Federal Disability Retirement Law.

For, as the patient as well as the Disability Retirement Applicant, you will likely misjudge yourself because you believe that your medical condition — by which you suffer so much — should automatically qualify you.  However, that is not how OPM sees it.

Contact an attorney who specializes in Federal Disability Retirement Law and avoid the pitfall of misjudging yourself, and allow the Federal Disability Retirement Lawyer make the crucial assessment and evaluation of your case.

Sincerely,

Robert R. McGill
FERS Disability Attorney

 

Federal Employees Retirement System (FERS) Disability Retirement: Ostensibly

Apparently; on the face of it; in all appearances.  Isn’t that how OPM views all medical disability retirement cases?

It is as if the “medical specialist” opens each file before reviewing it, with a notation under his or her breath, of: “Ostensibly”.  And so the challenge is on — of persuading from the presumptive world of the “Ostensible” to the world of approval where appearances are turned into reality.

How does one do that?  Why are some Federal Disability Retirement applications more persuasive than others?

Of course, there will always be the “irrefutable” cases; then, some cases which fall in the “probably no chance” category, simply because there is not enough medical evidence to persuade; then, as with most cases, somewhere in the middle kingdom where the coalescence of medical evidence, the law, agency actions or inaction, with a dash of concurrent and parallel legal issues must be all taken into consideration in their aggregate evidentiary presentation.

Ostensibly.  By all appearances.  That is the challenge — to persuade OPM that the ostensible is the real.

Contact an OPM Disability Retirement Attorney who deals only with OPM Disability claims, and begin the process of putting together an ostensibly viable Federal Disability Retirement case and turn it into the reality which brings about an OPM approval.

Sincerely,

Robert R. McGill, Lawyer

 

OPM Disability Reirement under FERS: Dylan Revisited

The British have the Beatles; America has Dylan.  Martin Scorsese’s ongoing documentaries covering the life of Bob Dylan (“No Direction Home” and “Rolling Thunder Revue”) reveals the obvious differences as well as depicting interesting tidbits of entertainment value, for those even remotely interested.

Dylan is the quintessential American — of the lone troubadour; the composite of a self-made star from multiple personalities, including Hank Williams, Woody Guthrie and Muddy Waters; and despite playing off and on with “The Band”, forever the loner — remote, distant and undefinable.

Bands come and go — The Beatles, The Rolling Stones, Led Zeppelin, etc., and when they disband and disburse, some individually go on to similar heights of fame; but of Dylan, he has always stood apart with his soulful voice, his trance-like story-telling, and the enchanting universe of words conveyed on the airlift of music that brings one into a lyrical fantasyland.

In the end, Robert Allen Zimmerman remade himself from the outskirts of a rural town into the spotlight of musical genius over a span of a time when cultural revolutions were shaking the very foundations of a country at war.  We all yearn to be like him — if not for the fame, then for the uniqueness that becomes apparent when you listen to his voice: Not quite on beat and never able to be defined.

Whoever “Zimmerman” was, we will never know; for what we know is the folklore surrounding even the whispered utterance of “Dylan” — a name and word which provokes images, stories and memories that have cluttered the shadows of a legend like the barnacles encrusted on the underside of a drifting boat.

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 tragedy of the medical condition can be likened to the duality found in Dylan Revisited — that the person who is beset with the medical condition is not the same person who once forged ahead with a promising career with the Federal Government or the U.S. Postal Service.

Consult with an experienced attorney who specializes in Federal Disability Retirement Law; for, in the end, the Dylan of today is not the Zimmerman of his past, just as the Federal or postal employee who suffers from a medical condition is not the same person as before the medical condition, and the whole point of filing for Federal Disability Retirement is to get back to a place where we can define ourselves within the uniqueness of who we are and were.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney: Today’s tomorrow

Yesterday’s today is different from today’s today, just as tomorrow’s imaginary today will be considerably changed from the actual tomorrow of tomorrow.  How to test that theory?  Just read a book, a novel, a short story when you are a teenager, an adult, a “mature” person or in your old age – say, Salinger’s Catcher in the Rye or some other similar-type work, or even Maugham’s The Razor’s Edge or even a truer test like a children’s book — the classic Seuss series, The Cat in the Hat, etc.

Perspectives alter and become modified with time, age, experience and encounters with reality, bifurcating between the monster within one’s own imagination, the projection of fears, anxieties and trepidations, and the reality of the world that one finally engages.  The memories one holds of one’s childhood may soften and become tempered over time; the harshness of judgment one may hold of one’s parent’s – their actions, punishments meted, words spoken out of turn and thoughtlessly – may be modified as one becomes a parent as well and encounters the same difficulties, trials and tests; and so the yesterday experienced at the time may alter from the yesterday remembered and ensconced within the context of one’s own life experiences.

Today’s today, or course, is the reality we must always face, but of tomorrow’s tomorrow, can we set aside the suppress the anxieties and fears we project?  The real problem is almost always today’s tomorrow –  of that projection into the future, not yet know, surrounded by the anticipation of what we experience today, fear for tomorrow and tremble at because of all of the various factors and ingredients of the unknown.  Yes, it is today’s tomorrow that we fear most.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent the ability and capacity to perform all of the essential elements of one’s Federal or Postal job, it is the tomorrow that we consider and ponder upon today that makes for the fears to arise, the anxieties to develop and the trembling to occur.

How best to treat today’s tomorrow?

For Federal employees and U.S. Postal workers who must consider preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the first step towards assuaging the fears projected unto tomorrow before tomorrow arrives, is by taking affirmative steps today in order to prepare for tomorrow, and that first step is to consult with an expert in the field of Federal Disability Retirement.

For, today’s tomorrow will come sooner than tomorrow’s today’s blink of an eye and bypass yesterday’s today in the memories of a childhood steeped in tomorrow’s yesterday.

Sincerely,

Robert R. McGill, Esquire

 

 

Attorney Representation Federal Disability Retirement: Unremembered

It is a strange concept that encompasses a sequence of duality in the willfulness of the mind – first, to recall, to bring out from the cognitive closet of one’s mind, a vestige of that which was once lost.  Then, the act of the “un” – a negation which abandons that which was once rediscovered; to cast aside and set away an image, a piece of knowledge or a conceptual relic once recovered but now, with deliberative intent, to throw it back into that back room collection where things reviewed have been considered but found to be unworthy to keep in open exhibition.

Thus, there is a linear duality of sequential negations: Once known, then forgotten; remembered and thus retrieved for review, and finally in the domino of cognitive acts, to deliberately engage in the “un” – to unremember that which was once reenacted and reengaged mentally.

It is, then, a deliberate force of the will to consciously engage in an act of self-engagement, and to extinguish like a flame once rediscovered in banishment to complete darkness.  The concept itself is reflective of life’s travels, where we engage daily living and become too involved in the process of advancing in our careers, bringing up kids as best we can, and forget the enjoyment of life itself, until one day we pause, look up from the ground that keeps moving under and behind us in our rush to constantly move forward, and ask the disturbing question:  What is this all for?  Why am I doing all this?  What is the purpose of all of this?

And then we remember: that youthful exuberance where dreams once lived, now deadened in the unresuscitated state of disrepair, when the world was still but an uncultivated terrain to be explored and conquered.  Then, we saw the potential not only of what could be accomplished, but of our own roles in the betterment of society.  We had once known; then, in the busy turmoil of life, we forgot; and then again, we remembered.  Once remembered, we smile, put on a brave face and move forward again – unremembering again by sheer willpower so that we can again “do” instead of becoming stagnant in the constant ruminations of a negation that requires the final step of “un”.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition is keeping the Federal or Postal employee in that step preceding the final engagement of the will to “do” by being stuck in the “un” world, the next step in the sequence to move forward is to begin to prepare, formulate and file 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.

For, it is the unremembered life that gets beyond the forgetting and the retrieval, in order to get to that step beyond – especially where a medical condition is involved.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Life as a Byproduct

When it happens, or how, is of insignificant notice; the incremental arrival, where past segments of time seemed to traverse epochs where memories captured mere millennia of lifetimes; and then, one day, you wake up and yawn, and your life has taken on an incidental, tertiary level of importance.  One has been living by negation for so long, any positive or affirmative step has become a ghost of not just a Christmas past, but of decades evaporated.

Can life long be lived as a mere byproduct, where time, space and the centrality of one’s essence is shoved aside, and separateness of identity is relegated to occasional hellos and furtive glances of suspicious canopies?   Can a life of negation — of avoiding pain, trying to merely survive the day, or of constantly worrying about the next adverse action which might be initiated against you — is that “living”, or merely life as a byproduct?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition (whether physical exclusively, psychiatric, or a cross-combination of both) prevents the Federal or Postal worker from being able to perform one or more of the essential elements of one’s positional duties, the daily grind of avoidance, fearful of the next stressor of the day, and the constant battle to get some recuperative period of rest and peace away from the turmoil of work and one’s constant fight against the medical condition, leaves the human soul depleted and defeated, to the extent that life is merely a secondary and incidental experience; the true and focused task is intertwined with fear, angst and dread for each day.  Is that really a way to live?

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, may not be the answer to all of life’s problems; but for that segment of society, the Federal Sector and the U.S. Postal Service employees — it is at least a small step and a beginning.

Life’s problems did not aggregate in a single day; and just as the ancient Chinese proverb admonished that a journey of a thousand miles begins with a single step, so the life of a Federal or Postal employee can return to the essence of being, as opposed to a mere byproduct, when once we take steps to attain a level of restorative peace and begin to fulfill promises made but broken in past moments of progressive deterioration, when health was once taken for granted but now considered the gift of blessings forgotten in previous baskets of happiness and joy, lost but never forever regretted.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Agency’s Options Letter

Options presented in life often depend upon the preparatory avenues previously correlated over months and years in reaching such a point and destination; alternatives and the plenitude of opportunities rarely “just happen”, and like the football team which seemingly seamlessly executes its game plan, the practiced work left unseen behind the scenes is what allows for the openings to occur, both in sports jargon as well as in business life.

Whether the limits of available alternatives are constrained by the apparently known universe, or continue without knowledge, matters little; for, in choosing from a list of openings, one must know the menu before placing an order.  Thus, can a person choose a sixth option when presented with only five?  Or does lack of knowledge and negation of foresight delimit the available resources untapped and unencumbered?

For Federal employees and U.S. Postal workers, there is often that dreaded “options letter” which the Federal agency or the Postal Service issues, as if the universe of actions to be considered is restrained by the content of the issuance serving the needs of self-interest, and not with concern for the Federal or Postal employee.  Such options presented by the Federal agency or the U.S. Postal Service are often 3:  Come back to work; seek accommodations; or resign.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition has resulted in exhaustion of Sick Leave, Annual Leave, and all FMLA benefits, the refusal by the agency or the U.S.P.S. to extend the granting of LWOP is often accompanied by the threat of sanctions, punitive actions and placement of the Federal or Postal employee upon AWOL status.

The options presented are thus onerous and unreasonable; for, as Option 1 is untenable (the medical condition prevents the Federal or Postal employee from coming back, and the agency and the U.S. Postal services knows this, as otherwise Sick Leave, Annual Leave and FMLA would not have been unnecessarily exhausted), and Option 2 (seek accommodations) is somewhat of a “given”, it is Option 3 (resignation) which the Federal agency and the U.S. Postal Service hope and expect the Federal or Postal employee to initiate.

Such an option allows for the least amount of thought and effort by the Federal agency, and it is this expectation, along with the threat of placing the Federal or Postal employee with imposition of AWOL status, that often wins.  But are there other options besides the ones presented by the Federal agency or the U.S. Postal Service? Perhaps.  But as life’s choices are revealed only through knowledge and wisdom, it is the one who seeks the avenues of counsel who discovers that universes besides the insular one within the parameters of the Milky Way portend of other life on planets yet undiscovered.

Sincerely,

Robert R. McGill, Esquire