OPM Medical Disability Retirement: Effectiveness

What does it mean, to be “effective”?   The dictionary definition will always include some synchronicity between “outcome” and “desired result”, but can one still be effective if one falls short of the goal desired?

If a football team goes through an entire season with a perfect record, but loses in the first round of the playoffs, has it failed to achieve its mission of “effectiveness”?   Similarly, if an up-and-coming company places a milestone-goal of 1 Billion Dollars in sales by year’s end, but misses its mark just shy of it, has it failed to be “effective”?

One may, of course, conclude that such analogies don’t always apply, as it often depends as to whether or not the goal itself is an “all or nothing” desired end, as opposed to a spectrum upon which success or failure depends and where there are varying degrees of differences which may result in a wide range of relativity.

For Federal Gov. employees and U.S. Postal workers who suffer from a disability, and where “effectiveness” is first gauged by looking at whether or not you can perform all of the basic elements of your job despite your ongoing medical conditions, the consideration as to whether it is time to initiate the process of filing for Federal Disability Retirement benefits under FERS, must in the end depend upon multiple factors.

Are you becoming deficient in performance?  Have there been any “conduct” issues?  Is your attendance becoming less than satisfactory?  Do you have a doctor who is willing to support your case?

In the end, “effectiveness” in a Federal Disability Retirement application has only one (1) desired result:  An approval from the U.S. Office of Personnel Management, under the FERS system.

In order to reach that desired result, contact a FERS Retirement Attorney who specializes in Federal Medical Retirement Law and let the synchronicity between “outcome” (an approval from OPM) and the “desired result” (early retirement based upon your medical condition) meet without a gap in between.

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 Disability Retirement: Ostensibly

It is a funny word, in many respects; for, it presumes and assumes what may not actually be the case.  The word, “Ostensibly”, is used to describe that which is apparently so, or purportedly assumed, but may not actually be so.

Thus, one might say of an individual who is wearing clothes appearing to suggest that he or she works in a blue-collar job, and perhaps wears a tool-belt which suggests and confirms him/her to be such, that “he is ostensibly a carpenter”.  How does the adverb qualify the noun?   Because we don’t actually know, do we?

By his appearance and the fact that the individual carries around a tool belt which contains, perhaps, a saw, a hammer, a nail gun and other pertinent and revealing instruments indicating what a carpenter would require, we make an assumption that he is “ostensibly” a carpenter.

Now, it would be strange if you were to ask the individual what his profession was, and he confirmed that yes, he was a carpenter, then to state to a friend later on that “Joe is ostensibly a carpenter”, because if you have confirmed that the person “Joe” in reality is a carpenter and there is no longer an assumption, then to apply the word “ostensibly” would be rather odd — unless, of course, you thought that he was lying and that he only wore the tool belt to fool you, or was a half-wit who was engaging in “make believe” that he was a carpenter, etc.

In other contexts, the term “ostensibly” often applies, as well — as when the U.S. Office of Personnel Management denies a Federal Disability Retirement case and makes a multitude of arguments which, in the end, implies that you are merely “ostensibly” disabled (although they will never use the word itself).

For, what OPM is saying in a Federal Disability Retirement case under FERS in denying the Federal employee’s application for Federal or Postal Disability Retirement benefits, is that while you may allege to be disabled or unable to perform one or more of the essential elements of your job, you are actually not disabled.

If that happens, you will need to contact a disability attorney who specializes in Federal Disability Retirement Law; for, you will need more than an attorney who “ostensibly” does Federal Disability Retirement Law — rather, one who is, in reality and in fact, an attorney who specializes in it.

Sincerely,

Robert R. McGill

Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

OPM Medical Retirement under FERS: Planning Long Term

Augustine’s view of Time is essentially based upon the projection of our thoughts into the past; our current encounter with the present; and our anticipation of what will occur in the future.  Without a human involvement in thought spanning across the spectrum of past, present and future, Time merely exists in the presence of the current moment.

Human beings are not the only species who utilize time and apply it for planning long-term.  Other species plan for the coming winter; some engage in long flights to warmer conditions, and not necessarily for just a short stint in Florida.  For planning “long-term”, however, the human species tends to engage in such sport more than others.

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 may often appear that “long-term planning” is an act of futility, given the nature of an illness, medical condition or other form of disability.

However, filing for Federal Disability Retirement under FERS is actually an excellent plan for the future — long term.  For, not only does it provide for a monthly annuity to live on; it actually is “building” your future long-term retirement by counting the time you are on Federal Disability Retirement in the total number of years being accrued, so that when your Federal Disability Retirement benefits are recalculated at age 62, the “total number of accrued years” takes into account not just the time you had as an active Federal employee, but also the years you have been on Federal Disability Retirement as an annuitant.

Thus, you are building up your retirement while you are on Federal Disability Retirement.  Now, that is planning for long-term.

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.

 

Disability Retirement from Federal Gov. Employment: The Viable Argument

In this postmodern era, is there such a thing?  What was once illogical — or, even worse, absurd — is now considered an acceptable and viable argument.

Logical fallacies are accepted; non-sequiturs are fully embraced; whether or not the “middle term” is carried over from the major premise to the minor is irrelevant; and “just because” is nowhere blinked at, as the final conclusion to every argument these days is that “everyone is entitled to his or her opinion” and it matters not whether specific facts undermine a viewpoint expressed.

Thus, does it even make a difference whether or not an argument is “viable” enough?

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management under FERS, an argument used in attempting to persuade OPM to approve your Federal Disability Retirement application is one which must appeal to the Statute, the Regulations, or to MSPB and/or Federal Circuit Court of Appeals Case-Law precedents.

Yes, there is still a distinction between an irrelevant, weak and inconsequential argument, and a viable one.  The viable argument is one based upon facts, the law, and an irrefutable delineation logical fortitude.  In order to make the viable argument, contact an OPM Disability Attorney who specializes in Federal Medical Retirement Law.

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: What We Don’t Know

Age brings us closer to realizing the truth of Socrate’s refrain: That I really don’t know anything or, more to the point, much of anything.

Youth allows for brashness of arrogance; in middle age, perhaps some slight hesitancy; of getting older, one realizes the extent of or lack, and the vast knowledge which we will never be able to understand.  Most people “wing it” — in other words, act “as if” they have some knowledge, that they possess an “expertise” or some secret to an apparent success attained.

Social Media, Facebook, Instagram — these, of course, mask and hide the inadequacies behind the facade of competency.  Few people nowadays admit to an imperfection, a lack of, an ignorance for, etc.  Thus do we no longer have the Socratic Method where questions are peppered in order to reveal the disguised ignorance which most people walk about with.

But let’s be clear: What we don’t know can, in fact, hurt us, and to fail to acknowledge one’s lack of knowledge can have dire consequences.

For Federal employees and U.S. Postal Service employees who intend on filing for Federal Disability Retirement benefits under FERS, you should take the time to read the case-law which has developed and evolved over many decades, in order to at least understand the underlying issues which can complicate a Federal Disability Retirement application.

Or, contact a Federal lawyer who specializes in Federal Disability Retirement Law and let him inform you of what you don’t know.

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 Disability Retirement: The Problem-Free Lane

There is that obnoxious scene in a nightmare of anguish: Of being stuck perpetually in a lane not moving, then turning and seeing an individual “cheating” the system by speeding down the HOV lane, laughing, carefree and unconcerned about being caught and ticketed.

Life’s rule includes the following, or seemingly does: That there are certain individuals who seem to “breeze” through life without the trials and traumas most of us have to go through.  Atticus, of course, cautioned that you never know what a person is experiencing until you walk in his shoes, and perhaps that is right.  Is there such a thing as a “problem-free” lane, or a care-free zone?  Are there lives which never have to face the problems seemingly inherent and commonly resplendent throughout most of everyone else’s?

Perhaps we fantasize about being wealthy — as if money would solve all of the ills which beset.  Is there a trade-off?  What if you became wealthy but became sick?  Well, you say, then grant me 2 wishes — wealth and good health.  Then another problem arises: Your loved ones are vulnerable.  So you want 3 wishes, instead: wealth, good health and protection for all of your loved ones.  Will that make you happy, or will life still present you with another lane that brings about a trial of unhappiness?

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 position, the idea of the “problem-free lane” of life is an unknown quantity.  Life is full of problems.  There is the medical condition itself; there is the loss of one’s employment capacity; and then, there is the problem of trying to meet the eligibility criteria for Federal Disability Retirement benefits.

Life doesn’t provide a problem-free lane, and if you are considering filing for Federal Disability Retirement benefits, consult with an attorney who specializes in Federal Disability Retirement in order to limit the problems to the extent possible in preparing, formulating and filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Monday’s Startle

There is not much that needs to be said about Mondays.  The standard response to, “So, how is your day going?” is quickly understood with the response of, “It’s Monday”.  What is it about the first work-day of the week that brings about the startle of life?  Is that why the traditional week’s cycle begins from Sunday-to-Saturday, because we want to avoid the memory of a week beginning so disastrously?

Do we dread work so much that it becomes a self-fulfilling prophecy, where the expectation of the day following the day off becomes so anticipated with angst and considerations of impending disasters, that what we come to expect we impose our will upon the universe such that reality follows our fears and imagination?  Or, is it that there is an across-the-board truce that comes about without a word of acknowledgment — shortly after the close of business on Friday afternoon — when everyone heaves a sigh of relief, goes into the weekend, and everyone follows the protocol of no longer bothering one another?

How did we come to that unspoken rule — you know, the one where emails suddenly become reduced in volume (except by those with OCD who increase the length and number because of the unresponsiveness of the previously-sent dozen or so), phone calls are put on hold and the furious activity of keyboard punching and looking about anxiously at the clock-that-never-moves — where suddenly a peaceful calm descends like a spirit from on high above the clouds, the white flag of a temporary truce is reached without anyone saying a word, week after week, month after month, year in and year out?

It is reported that such unspoken occurrences were common during every war — our own Civil War, the two World Wars (but not in the more recent ones in Southeast Asia and the Middle East), where ceasefires were embraced around Holy Holidays and some Sundays without any need for negotiated settlements, but with merely a wave and a smile.

Then, Monday’s startle comes with a roar.  Whether because it remains such a contrast against the quietude of the day before, or merely the release of pent-up energy allowed to aggregate over the 2 days of respite and restoration, one may never quite comprehend.

For the Federal employee or Postal worker who suffers from a medical condition which necessitates preparing, formulating and 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, Monday’s startle is often a chronic condition because of the inability to escape from the anxiety of the medical condition itself over the weekend, Holidays or summer months.

Monday’s startle can be survived, for the most part, precisely because of Saturday’s respite and Sunday’s quietude; but when every day of the week and weekend results in the same angst as Monday’s startle, it is likely time to consider filing for Federal Disability Retirement in order to focus upon one’s health, lest Monday’s startle turns into an endless stream of red flags replacing the white ones of truce where such flags are warning signs of an impending condition that only gets worse.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer for Federal Disability Retirement claims: Fact and opinion

These days, the distinction between the two has been almost completely lost.  One must qualify such a statement with “almost”, only because there may still be minority bastions and pockets of hope still holding out that the madness prevailing will someday be overcome.

Somehow, the lines bifurcating the distinction that once were so obvious became obscured, until suddenly it was no longer a matter of just blurry lines, but the lines themselves had disappeared, and no one spoke as if there was a difference to be had.  Facts were confirmed and established “somethings” in either the objective world or of tradition-laden statements that we could all agree upon; opinions were various interpretations of those commonly-accepted facts, interspersed with the subjective content that often prefaced with, “It is my opinion that…”.

We have now discarded even the prefatory admonition, now, because it has become an unnecessary addendum; since there are no longer any facts, and everyone is privileged to hold an opinion, we go ahead and speak not facts because our opinion holds out just as well, thank you very much.

Where did it all begin?  Was it because Plato made too much about the difference between reality and appearance — so much so that he was forced to manufacture his conceptual fiction of ethereal “Forms” that itself became so problematic?  Or was it with Descartes, where certainty of one’s own existence became relegated to the subjective “I”, and so it was bound to become a muddle as more and more philosophers came to realize that, like Russell’s muse about language and the destruction of the traditional correspondence theory of truth, statements made could not so easily be identified as either fact or opinion.

It becomes much more problematic when statutory, reputation, education and logical methodology are altogether discarded and made irrelevant, and so we come back full circle in questioning ourselves, the categorizations we have imposed, and how to get beyond the conundrum of modernity’s own making.

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 job or Postal position, the question concerning “fact or opinion” is an important one, because the weaving of one into the other is queried in Standard Form 3112A, Applicant’s Statement of Disability.

How one’s answers are formulated and presented; whether they can be verified, established, “backed up with facts” as opposed to being left as mere subjective opinions — are all bundled up and contained within the questions asked, and how you will be answering them.

Fortunately, there is still remaining an approach and methodology of presenting facts as facts, and setting aside opinions and interpretations of the facts, and in 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, it is important to recognize the difference still, and be cautious in completing SF 3112A in light of modernity’s obsessional disorientation on the difference between fact and opinion.

Just the facts, as stated by my opinion.

Sincerely,

Robert R. McGill, Esquire

Lawyer Representation OPM Disability Retirement: Reality versus fantasy

What is the difference between reality, fantasy, dreams, nightmares and pure hallucinatory visions not otherwise categorized?  At times, we engage in the madness of asking such questions, all the while forgetting that the very reason why we are capable of making such a query is precisely because we already know the distinctions that divide the differences.

In philosophy, there is often the pure pablum and sophistry of asking questions that, at first sight, might be taken seriously.  For example, to the question: How do we know that the reality we are presently experiencing is not merely a dream of a butterfly?  Or: Upon exiting a room, how can we be certain that the objects left behind still exist despite our inability to observe them (similar to the query, Do mountains exist on the far side of the moon?  Or, if a tree falls in a forest and no one is nearby, does it make a sound?).

What we forget when we ask such questions is the precondition to the query in the first place: namely, the fact that we can talk about fantasy presupposes an acknowledgment of a reality that is distinct from fantasy, and it is precisely our “forgetting” such a presupposition that allows for the question to even make any sense in the first place.  It is similar to playing a video game, or watching a movie that skirts outside of the boundaries of believability; the mechanism to suspend disbelief is the pathway towards allowing for unserious questions to gain some credulity.

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 Federal or Postal job, it is often this capacity and ability on the part of ordinary human beings to suspend disbelief in the reality of one’s situation that perpetuates a refusal to take the necessary next steps — of preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Thus can we suspend the disbelief of reality that tomorrow will be any different from today; or that the doctors will find a miracle cure; or that the Federal Agency or the U.S. Postal Service will actually attempt to accommodate the medical condition for the Federal or Postal employee.  On the other hand, fantasies allow for the continuation of hope to fester, as the reality of working for a Federal agency or the Postal Service itself often represents a surrealism that cannot be believed.

In the end, however, the reality of one’s circumstances will “catch up” with you, and the fantasy that the Federal Agency or the Postal Service would do something to accommodate the Federal or Postal employee will ultimately turn into the nightmare that it always was, and only the replacement of a reality that is recognized will awaken you from the slumber of indifference or menacing glare.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation Federal Disability Retirement: Life puzzles

Depending upon the accent or inflection, the phrase can take on differing meanings.  If stated in a monosyllabic intonation, it can be a quiet declaration that the entirety of life is comprised of multiple puzzles in an inert, non-participatory manner.  The other way of “saying it”, is to pause between the two words in dramatic form, or even put a question mark at the end of the phrase, making the second word into an active verb and the noun of “Life” into a projectile that deliberately confounds and obfuscates.

In either form, we all recognize the truth underlying the sentiment: from birth to the continuum of living daily the challenges and encounters, it is always a constant struggle to try and maintain a semblance of rationality in a universe that continually creates flux and mayhem.  That was the philosophical strain that was always taught between the contrasting foundations of Parmenides and Heraclitus; of the wholeness and unity of Being as opposed to the constant flux and change that the world imposes.

Life puzzles us in so many ways, and the life puzzles that confront us daily confound and confuse.  See the subtle difference between the two ways of using the phrase?  In the first, it is in an “active” form, invoked as a verb (transitive or intransitive), whereas in the second, it is used as a noun.  We can get caught up in the grammatical form and usage of words, and in the process, get lost in the theoretical issues surrounding words, concepts and thought-constructs surrounding so many endless and peripheral issues; but the point of recognizing such subtle differences in the language we use is precisely to avoid and deconstruct the confusions we create within the language we use and misuse.

In either form of usage, it is important to state clearly how and for what purpose we are engaging in a formulation of words, thoughts, concepts and narrations.  We all carry narratives within ourselves that we must be ready, willing and able to use in order to describe, explain and delineate.  Those subtle differences that words create must always be untangled.

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 importance of being able to distinguish between subtle forms of language usage cannot be over-emphasized.  For, Standard Form 3112A, Applicant’s Statement of Disability, is in and of itself a life puzzle that puzzles even the clearest of puzzling lifetimes; it is, moreover, a legal conundrum and a language puzzle that must be carefully reviewed, discerned, untangled and responded to by first recognizing that life does indeed involve puzzles, and such life puzzles must be approached in a non-puzzling way.

Sincerely,

Robert R. McGill, Esquire