FERS Medical Retirement: Those Dog Days of Summer

Extremes desire the opposite extremes; and so these winter days of short sunlight, cold and unending spells where the chill cannot be gotten rid of no matter how high you turn up the thermostat — they wish for the other extreme, those dog days of summer.

July to August is the traditional period referred to as the Dog Days of Summer, of a starry constellation where hot temperatures force dogs and other animals to simply lay down and remain motionless in order to keep cool.  It forces the other extremes: Motion versus immobility; abundance verses lack; health versus?

Life is too often a contrast in extremes; one day, you are healthy and active; the next, debilitated and unable to move.  Or, is that just the fear?

The reality is more often a slow and progressive deterioration; the extreme is that, despite our failing health, we continue to push on in order to extend our careers.  The “extreme” is often our response to our circumstances, which then further exacerbates the problem.  Yes, we now may wish for the dog days of summer, but what would be best is the interlude of a Spring moderation.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows for continuation in one’s job or career, don’t wait for the next extreme — those Dog Days of Summer — but, rather, contact a FERS lawyer who specializes in Federal Disability Retirement benefits and see whether the Spring of a next phase might not be the better season of action and satisfaction.

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 Denials: Selective reasoning

Of course, we all engage in it; some, merely by withholding certain known facts; others, by emphasizing and asserting portions of the logic employed while ignoring or deliberately averting the focus of other aspects.  Selective reasoning through deliberate omission is the height of pragmatic oppression; for, when it is accomplished with knowledge and self-admission of premeditation, it involves a mind that knows the difference between proper application of logical reasoning and the intentional misrepresentation of facts.

We engage in such folly during the course of normal fights and argumentation; for, to win is the basis of arguing, and the ends often justify the means.  Logic is a learned tool.  It is the foundation of sound reasoning.  It is not an inherent, in-born or even in-bred character of man, but it can bring out the evil therein.

As a tool, those who are good at it have a greater responsibility to use it wisely, honestly and with proper motives.  It is the “selective” part of the reasoning that makes for honesty of dishonesty in the reasoning process, and the anomaly and irony, of course, is that the process itself — of reasoning — necessarily involves selectivity, for logical argumentation encapsulates proper and effective selection of facts, syllogistic approaches and propositional logic all bundled into one.

The U.S. Office of Personnel Management engages in selective reasoning, and their denials of Federal Disability Retirement applications reveal a level of such selectivity that one must conclude that it is being done intentionally and with deliberate knowledge.

Beware of denials; for, they try and make it appear as if you never had a chance to begin with in your FERS Disability Retirement application. OPM will selectively choose to extrapolate from various medical reports and records, and fail to mention or highlight the selective portions omitted, then reason that there was “insufficient” medical evidence despite facts and rational argumentation to the contrary.

Do not despair, and do not simply allow for the 30-day time period in which to file for Reconsideration to lapse; for it is precisely such selective reasoning that is meant to discourage, and to make you think that the denial is dismissively disproportionate so as to justify giving up altogether — which is precisely what their selective reasoning is meant to accomplish.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: When we were very young

It triggers an image, does it not?  Of teddy bears and honey buckets; of an innocent time before the concerns of adulthood?  It is not until the 38th poem in the original book that Pooh is introduced to us; and how pervasive he remains in the consciousness of childhood’s delights.  It evokes memories even where there are none, of a time awash in innocence, of happier days when the concerns of the world had yet to touch us, and when the biggest trouble to consider was to be stung by a bee for raiding their honey.

“When we were very young” — and what comes after?  Is the next line a description of brightness and joy, or of a history better left in closet where skeletons lay quietly in crumpled heaps of tinkering pasts?  When did youth end — at the encounter with the harshness of the adult’s life when worries about tomorrow began to invade the carefree innocence of yesterday’s moonlit caverns of laughter and delight?  Is the phrase, “When we were very young,” the beginning of a sentence that provokes such delight, or the end of a paragraph that is left as the last page to a tragic novel?  As in: This bad memory and that tragedy-better-left-forgotten, but of course that was all when we were very young.

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 bifurcation of life often begins and ends with the medical condition itself.  For, “before” the medical condition, there was productivity, a future ahead and the past to delight in; and “after” the medical condition, there appears only misery and problems.  It is like the division which is prompted by the clause, “When we were very young” — only, with a medical condition, nothing that follows can delight the senses.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is often the necessary next sentence that must follow, and while Christopher Robin may still remain in the joyful memories of our past, preparing an effective Federal Disability Retirement application is best left to an experienced attorney, lest the raided cupboard full of honey leads to legal problems down the road when dealing with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Factors to consider

The universe of thoughtful decision-making shrinks exponentially and in direct correlation with the pertinent and relevant information gathered, and it is too often the case that factors not considered are the very ones which lead to a non-decision or, more importantly, to a wrong conclusion.

What factors should be considered when a Federal or Postal employee is going to file for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset?

Certainly, age can be a factor — for, if OPM engages in a recalculation of a Federal Disability Retirement annuity at age 62, and you are fast approaching that age, the factor of “how long it takes” to get an OPM Disability Retirement approved (about a year, give or take a few months on either side of the equation); whether you get any backpay once it is approved (back to the last day your Agency or the Postal Service has paid you anything); and whether the time you are on Federal Disability Retirement counts towards your total number of years accrued until the recalculation age at 62 (it does) — should all be factors to consider.

Further, even if you are still relatively young, should those same factors be considered?  The short answer is an unequivocal “yes” — and probably many others, besides, including: Do I intend on working at another job in the private sector while on Federal Disability Retirement?  Do I have Service-Connected disabilities that can play a factor [sic] in the factors to be considered?

The universe of factors to consider in preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, are innumerable; and then, there are likely factors that you have not even considered, but which may be prompted by consulting with an attorney who has already considered multiple factors besides, and who may be able to guide you in this complex process called “OPM Disability Retirement”.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: The Hub

It is the center of the universe; upon and around it, all things revolve.  The axle is attached to it; the spokes; the planets that circle about; the hub constitutes, represents and relates to all else by being the primary foundation from which all else is dependent and subservient.  And thus the phrase, “That’s the hub of it all, isn’t it?”  Or, is the idiom, “That’s the nub of it all” the true way of saying it?  If a person replaces the “h” for the “n”, and let’s say he or she has a strange inflection or accent, anyway, do we stop them and correct them?

Say two people are watching a show, and afterwards a discussion ensues as to the meaning of what one of the characters said or failed to say, and one says to the other, “That’s the hub of it all, isn’t it?”  The other turns and says, “You mean, that’s the NUB of it all, don’t you?”  The other pauses, reflects and retorts, “What’s the difference?”  Now it is the first one’s turn to pause, reflect and answer back, but what would be an appropriate answer?  While the true idiom or adage may well be the “nub” usage as opposed to the “hub” application, perhaps the other person was just being somewhat eccentric and creative.

Or, let’s say that you knew of the other person the following: When he was just a young boy, he lost his mother, whom he loved very much.  Her last words to him as she lay in bed suffering from tuberculosis was: “Now, remember Bobby, it is love — that is the … [and, here, she was overcome with a fit of uncontrollable coughing, and could not get the “n” out and instead, pulled herself together and said hoarsely] the hub of it all.”  And to this day, Bobby remembers his mother’s last words, and the slight difference of idiom used, and likes forever after to repeat the phrase, “That’s the hub of it all”.

Would you, knowing this, correct him on the misuse of the idiom?  And even if you didn’t know the history of such misusage, why correct something when the underlying meaning remains the same?  Isn’t “hub” a synonym for “nub”, and vice versa?

In life, we too often focus upon the spokes of the wheel, and not the hub; or, put another way, we walk right past the nub of a matter and become too easily distracted by tangential, irrelevant or insignificant obfuscations.  But life is too short to aim at the spokes of the matter instead of the hub, nub or essence of it all.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition is beginning to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal job, just remember that there are certain things in life that cannot be ignored — like one’s health.

If one’s health is deteriorating and the Federal or Postal job is contributing to that deterioration, what is more important?  What is the hub of the matter?  What essence of life’s priorities are more important?  Identify the nub — and proceed on to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, so that you can focus upon the hub or nub of the matter, which and whatever, so long as it points to the essence and not the spoke.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Static Divides

Most of our lives are struggles to maintain the status quo; for, as change results in turmoil, so rectitude of unchanged repetition requires the least amount of effort, but mere monotony of action to forego any greater expenditure of further efforts.  It is when the static longevity of identical mirroring of life begins to harm, that it then divides us.

Doing the same thing daily, over and over again, with slight variations to accommodate life’s vicissitudes, allows for the peaceful quietude of daily living; but when such repetition of activity may potentially lead to self-immolation through inactivity of thought, then that is what some term as “insanity”.  When the static calm of daily living results in a division of spoils, it must spur one to a different way of thinking.

Medical conditions tend to do that to us.  For, it is those “outside forces” which we cannot control, which mandates activity previously unforeseen.

Preparing, formulating and 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, is a time of disquietude, precisely because change is now imminent in the projected future of our own imagination.  It means that one must take affirmative steps and actively engage in the process of that very division which we delayed, procrastinated, and persistently disregarded, and perhaps even lied to ourselves about tomorrow, next week, or next month.

The future is always upon us; and when we ignore the perils of tomorrow, we pay for it at the price of today.

Filing for Federal Disability Retirement benefits through OPM is never an easy matter; it is disruptive, a bureaucratic nightmare, and an agony of engagement with a distasteful palate.  But as the time of static division pervades even unto our very soul, it is time to take that step for change and begin to prepare, formulate and file for Federal Disability Retirement benefits through OPM, bringing change into our lives in a world often unchanging but resistant to the enemy of ourselves.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Life’s wisdoms

The term, “decapitalization” often refers to the deliberate and systematic process of imposing harsh government policies in order to alter the private sector’s hold upon society’s commercial entanglement and mercantile involvement.

In some grammatical contexts, however, it can denote the reduction of capitalized lettering into “small” letters, and thereby change its appearance, import, and even “meaning”.  e.e. cummings is a fine example of this.  Or, on a “title page”, one would expect that the concept of “Life’s Wisdoms” would be capitalized, for essentially two main reasons:  The first word, “Life”, is too great a theme not to ascribe the signification of it, as well as being the beginning part of the title; and the second, well, if it was good enough for Solomon, then we should certainly designate and captivate with a position of priority.

So, why has it been “reduced” in the heading of this short blog, you ask?  Because most of life’s wisdoms are not provided at the time of birth on a silver tray packaged in a unitary compendium; rather, they are “dished out” in small increments, over time, through encounters both expected and unasked for; and always when we least desire it.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact one’s ability and capacity to perform all of the essential elements of one’s positional duties in the Federal Sector and the U.S. Postal Service, seeking out “information” in order to begin the process of preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management may take on many and variegated forms:  Internet Research; contact with the Human Resource Office; call to an attorney; discussions with others who have gone through the administrative and bureaucratic process; unloading upon family and friends, etc.

Always remember, however, that there is a vast chasm of differences between “information” and “wisdom”, and the mere fact that much of information provided “out there” is capitalized with blaring trumpets of fanfare and glitter, ascribing signification by making something into an “upper case” designation, or otherwise in priority of sequence, does not transform the “it” into anything more than what first the skeleton of the entity originated.  Saying it doesn’t make it so; dressing it up does not complete a substantive metamorphosis begun in nascent shivers of intended good.

For the Federal employee and the U.S. Postal worker who must make wise decisions concerning one’s future course of actions because filing for OPM Disability Retirement has become a necessity, the conversion from aggregating mere information to obtaining life’s wisdoms must come about first through a decision to decipher and sift through the vast and irrelevant information “out there”, and then to implement a course of action which sounds right, considers the differing interests at hand, and then to emulate the experiential factors we have accumulated over these many years of trials and turmoil.

Just remember that Solomon made his share of mistakes, as well.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The Lore of Yesteryear

The past is often the attraction of selective memories, the passion of antiseptically expunged yearnings, and represent less about factual accuracy than emotions bound to images.

With modern technology, mixed with the relative value of truth and the abandonment of universal principles transcending beyond time and cultural norms, the obsession with oral tradition and a clinging to unnamed tombs of yesteryear, when causes were worth fighting for, a handshake meant the seal of a deal without a follow-up fax or an email confirmation; and when people didn’t check the labels of food ingredients to verify MSG, GMO or other terrifying acronyms which undermine the palate and appetite; those were the days gone by, and the yearning that defines the embellishment of heroism as each day marches in the timelessness of forgotten marshes of mindful embrace.

Time was…but then, we pause, and realize that it is the “now” and the “today” which must be faced.  Reminiscences are good for the soul, but rarely profitable for the pocketbook.  For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition (whether physical, psychiatric, or an intersecting compilation and aggregate of both) prevents the Federal or Postal employee under FERS or CSRS from performing one or more of the essential elements of one’s Federal or Postal positional duties, the attraction of the lore of yesteryear will often grow exponentially in parallel form as the medical condition progressively deteriorates.

That is because the convergence of present pain and the increasingly selective memories of past freedom from pain, extends to a future yearning for a time of quietude and peace where the medical condition has resolved itself and the body, mind and spirit can be free of the confinement of the debilitating medical condition.  That is a natural reaction of the human essence to be free.  But in order to do that, affirmative steps must be taken.  Life just doesn’t happen.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is just such an affirmative step.  One cannot continue to cling to a fading past, and expect that the present will get any better, or that the future will result in greater peace and tranquility.  The future is now; the present is something to be acted upon; and the Lore of Yesteryear must be replaced with a growing sense of urgency to embrace memories not of fading photographs of unidentified tombstones of yore, but of living and vibrant experiences today encountered, to be savored for future generations.

Sincerely,

Robert R. McGill, Esquire