FERS Disability Retirement: Glimpses of Slices

That is about all we get from other people’s lives.  Yes, we make grand judgments and determinations based upon the scintilla of evidence we have.  It is even worse, in modernity; for, in past ages, people actually got to see one another, spending perhaps an evening over a meal, a get-together, an afternoon picnic, etc.

Now, we look at a flat screen, whether on the Smart Phone or a computer monitor, and cast judgments and aspersions based upon quick texts and posts prepared with minimal thought or consideration.  Superficiality is the modern equivalent of shallow minds in past eras.

Glimpses of slices are what we base our relationships upon, these days, because we have no time to spend in trying to understand or empathize.  Life is too busy; and while past ages and epochs also had little time beyond survival, at least much of it involved human interactions.

It is no different at the various Federal agencies, who know not the trials of their own employees and never take the time to try and understand what an employee is going through when a medical condition begins to impact his or her ability and capacity to continue in their career of choice.

That is why this lawyer’s standard advice is, to the following question: Should I tell my agency now, of my intent to file for Federal Disability Retirement?  The answer: Let’s hold off for as long as possible, because once they find out you are no longer going to be part of “the team”, all of a sudden, you will become a pariah.

Yes, glimpses of slices — that is what people now take with them to the graves which adorn the lifeless souls of people without empathy.  Contact a lawyer who specializes in OPM Disability Retirement Law, and let not the glimpses of slices defeat the worthwhile endeavors of tomorrow’s hope.

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: The Upper Limit of Havoc

Is there a limit?  Or, is Man’s capacity for havoc, mayhem, untoward devastation limitless and incalculable?

There is havoc on the personal level, and then on the societal level; and perhaps if we just turned off the news, refused to read anything but the local newspapers, then our bifurcated levels would merge into a synthesis of one.  You cannot even go to a 4th of July parade without fear of being shot at; you can barely make a living, nowadays, with inflation eating away at every penny, gas prices skyrocketing, and food prices soaring to unaffordable limits.

In the aggregate, do these all qualify as “havoc”?

Certainly, we do not have the havoc of Ukraine, where entire cities once beautifully landscaped are now devastated to mere images of rubble and mayhem.  Entire populations have disappeared; daily shelling from Russian advances have made survival and habitation impossible.  But wherever people live, in small towns and other cities — where none of what has been described has actually occurred — can one live like the proverbial ostrich with its head buried in the sand?

But then, of course, there is the personal level of havoc — say, of a medical condition.

For Federal employees and U.S. Postal workers who suffer from a medical condition where that medical condition has resulted in the serious contemplation of the need to file for Federal Disability Retirement benefits under the Federal Employees Retirement System (FERS) — on a personal level, leaving aside the greater societal level — you have probably reached the upper limit of havoc in your life.

Contact a FERS Attorney who specializes in Federal Disability Retirement Law, and begin to lower the upper limit of havoc in your personal life by preparing, formulating and filing an effective FERS Disability Retirement application.

And as for the societal upper limit of havoc — of shootings and deaths; of the ongoing pandemic; of wars in other parts of the world, etc. — the buried head is often the only way to avoid the havoc, and perhaps ignorance is bliss, after all.

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: The Trick Question

There are many.  In the media, it is often described as the “Gotcha” question — where the reporter springs upon the unwary target a query which cannot be answered without placing one in a negative light.

Or the lawyer’s cross-examination barrage beginning with, “So, Mr. so-and-so, Yes or No — did you ever stop beating your wife?” (Such a question, of course, is rather laughable and should be immediately objected to; but the “fun” of the question is that the answer becomes a quandary: If you answer, “Yes”, it means that you are admitting to beating your wife but that you merely stopped at some point; if you answer, “No”, it means that you continue to beat your wife.  Either way, you have shot yourself in the proverbial foot).  And there are many others — of “trick” questions to get you into the proverbial hot water.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents you from performing one or more of the essential elements of your Federal or Postal job, the Standard Forms contain many and multiple trick questions.  They may not be intended to actually trick you, but the manner, form and content of your answer may become problematic in the way in which they are answered.

Contact a Federal Attorney who specializes in Federal Disability Retirement Law and make sure that the “trick” question doesn’t do what it is meant to do: To trick you into answering it in a way which you don’t intend to, or otherwise shouldn’t need to.

Sincerely,

Robert R. McGill, Lawyer

 

OPM Disability Retirement: The dullness of creative lack

Have you ever observed the child who takes a stick and imagines himself/herself (we are trying to maintain the decorum of political correctness, here, by including all genders, because the implication otherwise in using a reflexive pronoun identifying a specific population apparently denotes that excluding the other half-or-so of the world’s inhabitants is discriminatory and an engagement of possible malfeasance, which we would not want to be charged with) emboldened by a weapon in hand and being the hero of an imaginary battle, invincible to a fault, brave without being arrogant, and making garbled sounds of whizzing bullets and fantastical feats of being wounded but with tenacity of self-will, capturing the enemy fort, being generous to those unfortunate prisoners of war and conquering singlehandedly a page in the history of unbounded heroism?

Contrast that depicted slice of imagination, to the child who is given every expensive toy and accouterments available on Amazon – the superhero wardrobe with cape; a replica of a life-like weapon; plastic hand grenades; and whatever other appendages that replace the creativity of one’s imagination – even of sound-effects emitted, downloaded on one’s cellphone placed in the utility belt worn by the kid; suddenly, it is mere motions that the child goes through, while all of the trappings have been satisfied even before the fun began.

That is what we do, isn’t it, as parents who believe that we were deprived in our own childhoods?  We gave everything, not knowing that by doing so, we took away the most important piece of the proverbial puzzle.  It is the puzzle of the dullness of creative lack; the less we had, the more we had to compensate and greater the reward in cognitive activity; and the more we gave, the less the child had to provide his or her creative input, thereby diminishing the soul’s inner force of imagination, resulting in the negative consequence in the dullness of creative lack.

That which we are given that undermines creative energy, we submit with the lazy side of human nature; and as inactivity and inertia results in atrophy, so gifts unsolicited in overabundance of generosity can actually harm in the ignorance of thoughtless plenitude.  And so we often find ourselves in the rut of daily monotony, on that treadmill of constancy even when we know we are destroying ourselves.  Children, in their innocence, don’t realize the harm; adults, too, but not in innocence but cynicism of life’s callouses, forge ahead even if they do recognize the harm.

Isn’t that what the Federal employee or U.S. Postal worker who persists in the self-immolation of continuing a Federal or Postal career, is actually doing?  For the Federal employee or U.S. Postal worker 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 the Federal or Postal position, it is often the reality of the harm perpetrated by continuing in the Federal or Postal position that prompts, compels, and finally necessitates the preparation, formulation and filing of a 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.

Going down the road of Federal Disability Retirement is often considered a major decision and a giant leap in one’s life, but it certainly does not portend of a dullness of creative lack to consider its resulting benefits.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: Life’s enjoyment

Are we ever taught that?  If the answer is in the negative, then from whence did we learn, attain or otherwise receive the tools to engage in the purity of sensation such that we could embrace it?  Did we become such through osmosis; from imprints; from learned behavior encompassing a lifetime of observations reinforced by wisdom’s refrain upon the blank chalkboard of our consciousness?  How does one “enjoy” life, anymore than learning to ride a bicycle, drive a car or care for a cute puppy (the last in the list, of course, need not be learned, but only be taken in by the natural affinity one has upon seeing the eyes of warmth, intelligence and fierce loyalty displayed, and is an exception and one of life’s conundrums to be accepted without questioning)?

There are many who walk about, who have absolutely no clue as to how one can, should or would have any enjoyment at all; and thus the total immersion in one’s work, or projects begun and always left unfinished – for, to complete them would mean that something ended, and that would force one into a reflection about the meaning, value and relevance of one’s activities, would it not?

One often hears the familiar refrain:  “I don’t know how to enjoy life; to me, unless I am busy with work, chores, updating my Facebook page, texting friends or jogging, I can’t be happy.”  Productivity is the measure of success; time set aside for vacations – despite still doing email, texting, messaging or other forms of “connectivity” as advertised to be the horror of all horrors if loss of it were to ever occur – is a concept that questions the very meaning of life’s enjoyment.  For, if one pauses for a moment to reflect:  Is the treadmill one is on merely for purposes of getting off for a moment, then to get right back on in order to find, again, a time to get off for another period of repose?

If so, how is that any different from Camus’ essay on the absurdity of life’s perspective as seen through the eyes of a French Existentialist, and specifically, of the Myth of Sisyphus and the condemnation by the gods to roll the boulder up the hill, only to watch it tumble down, then to engage in the eternal monotony of pushing it back up, only to observe its descent?

Life’s enjoyment, and the promise for tomorrow, was always meant to be more than that – of a daily sense of joy, a widespread sensation of contentment, and an ease of burden when once we were innocent children playing with but a ready laughter to give.  It is the truth that haunts, and especially the proverbial quip about the final straw that breaks the camel’s back.  With the persistent onslaught of stimuli unable to be resisted, we allow for the daily bombardment to deplete the little energy we have in reserve.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition not only intervenes in the ability and capacity to perform the essential elements of the Federal or Postal job, but further, depletes, diminishes and – ultimately — destroys even the potentiality to enjoy life and all of its complex presentations, the option to file for Federal Disability Retirement benefits must be considered.

Yes, it is a long and arduous bureaucratic process.  No, going through the process will not enhance, for the short term, life’s enjoyment.  But in the end, necessary changes are called for – nay, compelled by – medical conditions that interrupt life’s enjoyment, and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is to enhance that potential for the future enjoyment of life’s joys, while perhaps foregoing the short-term stubble of inconvenient interludes of angst-driven necessities.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: Means to an end

There is a difference, with a real distinction, between utilizing a process as a means to an end, as opposed to using people for the same purpose.  Such a concept should be a “given” – that logical posit which is unquestionably true, without the likelihood of being controverted, and generally accepted as a foundational principle in a caring society and community.  Yet, modernity has contravened such a belief, and truth and falsity have become relative concepts on the pendulum of linguistic elasticity where the spectrum of facts, beliefs and opinions have become an amalgamation of conflated confusions.

Have we lost the capacity to recognize and identify distinctions that are substantively different because of their self-evident meaning and relevance?  Do we no longer teach logic – whether of the fundamental Aristotelian syllogism, or the greater complexity by extension as delineated in Russell’s three-volume magnum opus, Principia Mathematica – such that we can no longer argue for even the basics when confronted by once-accepted paradigms that Kantian categorical imperatives allegedly put to rest forever and a day?

Yet, that final proverbial “day” has now passed, purportedly, and such statements have become mere fodder for dismissive philosophical trash-heaps characterized by “Mereology” and other third-rate, Oprah-like condescension of forgeries masking as genuine belief systems.

Sartre and Camus presented their cases; the former, through a meandering philosophical treatise some would characterize as “Heidegger-Lite” (the comparison can be made superficially on the titles alone – of “Being and Time” as opposed to “Being and Nothingness”) and where his plays allowed for greater coherence than any of his “serious” attempts, while the latter conveyed the angst of human repugnance to becoming “objectified” through novels depicting alienation and the dilemma of human value in the very activity of defiance and rebellion.

Man, we are told, should always be treated as an end in and of himself, and never as a means.  Yet, in this mechanized, electronic-ized, technologized society, where the Smartphone is King and the tactile engagement with one another is merely an afterthought, we have to recognize that such inane beliefs are now mere archaic formulations of former times, previous generations and outdated constructs no longer applicable.  The Angst of Existentialism has come full circle; that which we scoffed at because it originated from Continental Europe is no longer a Sisyphean mythology, but a reality that now consumes.

For Federal employees and U.S. Postal workers who feel the weight and burden of a medical condition, being treated as a means to an end becomes part of the process.

Past accolades of dedication and loyalty fail to leave a trail of concomitant interest and empathy of warmth; you find out quickly that others don’t give a hoot about distinguishing between “means” and “ends”; but in the end, it is precisely the means by which you end up treating a fellow human being, and the very filing of a Federal Disability Retirement application should in and of itself warrant treatment of being an “end”, and not a “means” – but such self-evident principles appear to no longer be the accepted normative value within a society that cries tears for the Oprah show, but not for the real human experiences of the person in your own office, sitting in front of you, a foot away, real, not imagined, not a picture on Facebook, but a person of real flesh and blood.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Of human frailty

Youth is the folly that disbelieves; middle age, of a progressive realization that the past does not lie, but teaches us of existent graveyards we may have passed unnoticed just yesterday, with question suddenly more prominent about mortality, the afterlife, and whether it is possible to cheat illness, death or debilitation from its awaiting wages.  Do we call out to the gods in a moment of desperation, ready to make a Faustus-like contract, or buy into the cosmetic youth-movement with lotions, fitness regimens and, in the end, surgical alterations to cheat the fates of time?  Of human frailty, there is no avoidance.

We can demand damage-control and engage in the peripheral tinkering where the god’s of malevolent intent care not because of the harmlessly futile attempts we employ; and, in the end, nothing subverts but merely detracts, and only extends just beyond the embrace of our own egoism so long as we avoid the hanging mirror in the privacy of bathrooms unlit.

What cosmetic and artificial superstitions we initiate matters little; for human frailty is part of the joke that the mirth of mythological gods make game of, with mocking repose during lighthearted times of boredom refracted.  Frailty steals the clothes that hide, leaving naked the humanness of what we are, unearthed to reflect the very soil from whence we came and to which we return.

Medical conditions unravel the façade we create and surround ourselves, hiding the little we don’t already reveal, like Adam in those Medieval depictions with a leaf leaving the imagination to view beyond the superficial coverings of our own lives.  For Federal employees and U.S. Postal workers who suffer from such medical conditions, such that they prevent the Federal or Postal employee from performing one or more of the essential elements of the positional duties slotted, the reality of human frailty comes to the forefront.

For, ultimately, the purpose in filing for Federal Disability Retirement benefits is twofold:  A recognition, acknowledgment and admission that the time has come to attend to priorities in life otherwise disregarded for too long; and an understanding that the history of human frailty does not merely depict and describe in dusty old books forgotten in the arcane halls of crumbling libraries, but lives on beyond the artificial facades of cosmopolitan egos that dwell beneath where the gods of fate, time and reincarnated echoes of forgotten graveyards remind with a cold whisper of tomorrow’s past.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: False Promises

Is it an oxymoron?  If it is made, how can it be negated by untruth; for, if it is a nothingness at the outset which compels null and void the substantive content of the thing itself, how can it purport to be what it is while at the same time creating an abyss of meaninglessness?  A promise cannot be false if it is to have the very meaning of a promise; and yet, we know that there exists such falsity of posited assurances, if not proposed by dishonest individuals and con-men, then at least by unintentional or otherwise mistaken pillars of vain malfeasance.

False promises are not promises at all; they are likened to nonsensical statements, which are similarly non-statements precisely because of the meaningless nature of the declarations.  Just as Bertrand Russell’s playful cunning in the statement, “The present King of France is bald” – that is both nonsensical and allegedly violates the laws of logic (specifically the Law of the Excluded Middle) – so, false promises cannot exist as either falsehoods or as promises precisely because they negate each other in their very existence side by side.

But in the world of pragmatic affairs, we know that they are made each and every day.  We are promised daily, and falsely, by individuals, entities, agencies and organizations, whether with or without a handshake, sometimes in writing, other moments by verbal implication, and even every now and again sprinkled with a smile, a nod, a wink and a prayer.  Promises made have an expectation of being kept; and broken promises, like false ones, cut deep into the wounds of betrayal, and haunt us with a profound sense of anger and reeking with the vengeful fury of a violation well beyond mere resentment.  There are few things in life that compensate for false promises.

For Federal employees and U.S. Postal workers, Federal Disability Retirement is just one of the few compensatory alternatives to the expectation of a false promise made, implied or otherwise denoted.  Perhaps it was the long hours of dedicated and uncompensated time devoted; or the expectation that loyalty would be a bilateral avenue, as opposed to a unilateral desecration of implied trust.

In any event, one would have thought that “accommodations” would be made upon the interruption of a medical condition, when the medical conditions resulted in one’s inability to perform the essential elements of one’s Federal position or Postal job.  But, alas, such accommodations cannot be made; the dedication of those many years, and sometimes decades, cannot be recalled but for yesterday’s contribution; and the promises seemingly made cannot be false when, all of a sudden, a question is fired back:  Is it in writing anywhere?  What or who ever gave you that idea?

For the Federal employee or U.S. Postal worker, filing for Federal Disability Retirement benefits is often not just the best alternative, but the most prudent option remaining and still available – in rebuttal to false promises made, and truth declarations long forgotten and left behind in the corridors of remembrances no longer written in stone, but disappeared into the office shredder worth the value of the paper it was never written upon.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement for Federal Employees: Recognizing Problems

Why are some better at preemptively addressing recognizable foreshadowing?  Is it a genetic predisposition related to the capacity of surviving?  Like the instinctive responses of animals, is it an inherent trait that favors those who are more “fit” with such a characteristic, and thus to the disadvantage of those who do not possess it, where recognition and preemptive engagement allows for survival and thus the genetic pool favoring by dominance of avoiding the mortality trap?  Have we replaced such instinctive abilities by relegating most problems to linguistic identification and capacity to solve?

For, in the human world where language prevails and electronic communication is now the preeminent engagement of consciousness, the “problems” to recognize are no longer the danger of an approaching predator nor the oncoming storm out in the middle of the ocean (although, a burning house or a hurricane imminent if you live on the coast are still real dangers), but for the most part, language games that need modification, curtailment or adjustment in order to correct the inconvenience of social constructs that have gone amok or astray.

Yes, the furnace may break down, the water heater may have sprung a leak, or the roof shingles may need replacing; but even those, the resolution is rarely one that is initiated by us; rather, it is to utilize the mode of communication and either by phone, email or text messaging, we make an appointment for someone else to fix the problem.  Recognition of the concern was still contained within the world of language, and the physical work attended to is relegated and delegated to some strange entity in another universe.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal employee or U.S. Postal Worker to take the next step by preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset – the process begins with a “real” problem:  the medical condition itself, which will not go away no matter the treatment modalities or the constant attempt to work one’s way through the chronic and progressively deteriorating situation.

Then, from the reality of the problem itself, the jump to recognizing the further concern must inevitably manifest itself – that of the incompatibility and incommensurate nature of the medical condition and being able to do all of the essential elements of one’s positional duties.

Thus, recognizing the problem is the first step in resolving the issues; however, resolution may sometimes need some expertise and advice beyond what the Federal or Postal employee can foresee in the foreshadowing of approaching dark clouds.  For, not all problems are equal, and certainly not all solutions, and while recognizing problems may resolve some of the concerns, the greater issue is whether the Federal or Postal employee will have all of the information available “out there” in the netherworld of an administrative and bureaucratic morass as that of the U.S. Office of Personnel Management, such that the problems one cannot recognize may be the one that defeats the solution never known.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Answering Questions

How do we come to learn how to do it?  Certainly, we come across certain eccentric individuals who defy every conventional norm, and somehow manage to appear as if they have done what otherwise we recognize as not having been completed.

Have you ever come across someone who just isn’t “quite right” – such that, when you ask a question, the tangents that flood forth and the meandering thought processes make it an arbitrary conclusion as to whether it was the specific question asked that prompted the incommensurate response, or just the mere fact of a tonal posit of a question-like query that compelled a verbal reaction, even if it has nothing to do with the substance of the question itself?

How do children learn how to answer questions?  Is it natural; is there a systematized process of acceptability; is it taught in any course with a heading like, “Elementary Basics 101: How to answer a question”; and do we presume that acceptable and normative constraints are just learned effortlessly?  Certainly, the classical educational approach of dialectical methodologies – of a question posited; raised hands, chosen orders and an answer provided; then the reinforced positive feedback by the teacher in either affirming or rejecting the response – is an approach that somewhat answers the mystery.

But what of that “weird” kid?  The one where the teacher asks:  “Is the earth round or flat?”  The kid answers:  “That is an oversimplification, as the geometrical constructs require a perspective that betrays ignorance of quantum physics, where flatness is a relative concept to roundness, and vice versa.”  Now, one may smile and wonder whether, perhaps such a child prodigy reveals an intelligence quotient beyond his age or class assignment, but all the rest of the kids would just roll their eyes about as the class bullies await for recess hour in order to beat that kid to a pulp.

But was the question answered, and to that end, satisfactorily?  Or, what if another kid, perhaps half-daydreaming, suddenly blurts, “It’s blue!  It’s blue!”  Did that kid answer it any less adequately than the first?  How do we learn to answer questions?

What if the questions are essentially legalese and incomprehensible, or of a “tricky” nature and makes one pause before moving forward?  Do questions posed, for instance, by law enforcement officials evoke greater caution (as in, “To the best of my recollection…”), and if so, why?  Is it because the stakes may be higher and the suspicion of the double entendre is always there?  Which brings us to the problem of Federal Disability Retirement applications, and specifically SF 3112A – Applicant’s Statement of Disability.

The questions posed on the Standard Form 3112A seem simple enough; but simplicity does not necessarily mean straightforward, and indeed, when a Federal or Postal employee is completing SF 3112A, it is best to go back to fundamentals and ask yourself, How did I learn to answer questions, and are these questions the type that may need additional help, because – though they may seem simple enough and not quite in legalese – there is some trickiness in the very simplicity of the query.

And it is the rule to remember, that the simplest questions require the greatest pause, where suspicion will warrant a more extensive pondering of reflective repose.

Sincerely,

Robert R. McGill, Esquire