FERS Medical Disability from OPM: Goal Posts and Definitions

In modernity, we have taught our kids that rules don’t matter, that we can subvert, avert, avoid and appease; if you don’t like the goal post, dig it up and move it; or, if you don’t like the rules, change the definition.  No one complies, anymore.  We no longer say or have the attitude of: Okay, rules are rules, we have to obey them.

Instead, because we are a country of lawyers, where argumentation and logical conformity are not based upon unquestioned acceptance of normative rigidity, we say:  Why should X be defined as Y?  Why does a goalpost have to be situated within X-number of feet of the demarcation-line?  Let’s move the goal post; let’s change the definition; let’s perform linguistic gymnastics and open-language surgery upon rules, definitions and mandates we don’t agree with.

Where did that defiance against conformity come from?  From whence did it originate?  Was it because the Post-WWII generation and beyond decided that all punishments were cruel, that delayed-gratification was a sin, and everyone should get a prize for participation, and there should be no acknowledgement of “winners” as opposed to “losers”?

Fortunately, in some areas of life, goal posts must yet remain within the confines of the end zone, and definitions must remain somewhat unchangeable and static.

For example — in the arena of Federal Disability Retirement Law.  Yes, the U.S. Office of Personnel Management can often ignore “the law”; and yes, OPM can sometimes mis-state the regulations governing Federal Employee Disability Retirement Law.  But when they do, there is always the potential danger that if it gets to the Third Stage of the complex bureaucratic process, the Administrative Judge at the U.S. Merit Systems Protection Board will “correct” the error, the mis-statement, the mis-application, and right the wrong.

Additionally, it is a good idea to have a FERS Attorney who specializes in Federal Employee Disability Retirement Law throughout the retirement process, in order to make sure that OPM is not moving the goal post, and is not bending the definitions as delineated in statutory authority.

Contact a FERS Disability Attorney who specializes in Federal OPM Disability Retirement Law, and make sure that the goal posts are not being moved, and the definitions are not being compromised.

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 Law: The Compelling Reason

We have come to interpret such a concept as one which must rise above the mundane.  A “reason”, in isolation, is simply not enough; instead, it must be “compelling” — that break between a pause and a human action.

People act or remain dull and passive for all sorts of reasons, whether silly, valid, inappropriate or otherwise uninspiring; but when the words which form a basis for sudden action, where even the dullard is spurred into a frenzy of intensity otherwise resembling a sleeping dog on a rainy afternoon where even rabbits ignore its presence — then we know that the “reason” was indeed “compelling”.

Most words and concepts merely lead to other words and concepts; sometimes, they are related; at other times, whether by accident or by deliberation, a logical and causal connection may be recognized between conceptual spheres.  But it is the rare animal when an action results from a word — otherwise known as a reason.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition or injury prompts a call to a lawyer who is an OPM Federal Disability Retirement Lawyer, the “reason” which is “compelling” is quite obvious: The medical condition has come to a critical juncture such that the Federal or Postal worker is concerned enough to know that it has begun to impact the Federal or Postal employee’s ability and capacity to perform the essential elements of one’s Federal or Postal job.

That is a good thing — to act upon the compelling reason and not let inertia become the prefatory basis of a reason otherwise unstated.

Sincerely,

Robert R. McGill
Federal Disability Attorney

 

FERS Medical Retirement Legal Representation: Advice

Advice is always a sensitive issue; when we sincerely seek it, it can be of extraordinary value; but when it comes out way without solicitation, the burden of doing something we wish to ignore or cast aside can lead to resentment and a fissure erupting in an otherwise close relationship.

It is often given freely but received reluctantly; and when it is good for us, we take it like the cod-liver oil we swallowed as children — acting as if it had a negative impact upon us, but privately cherishing the fact that someone cared enough to take the time to dispense it.  It is a difficult moment to come to a recognition that a need has arisen, or that a change has necessitated or prompted a different course of action.

We live with the unrealistic paradigm of individualism and self-reliance, and yet our bodies cannot last forever, our minds unable to resist the daily stresses and threads of pressure upon a withering psyche.

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, contact a FERS Disability Lawyer for advice.  It might not be the answer you are seeking, but it is always important to know what questions need to be asked.

Sincerely,

Robert R. McGill, Lawyer

 

Medical Retirement for Federal Employees: Future Plans Deterred

The common criticism launched against Bishop Berkeley, whether deservedly or not, is that his philosophical positions fly against the common sense of everyday experience.  Of course, it all depends upon how you interpret his position.

His generally-accepted dictum of “Esse est percipi” (no, we will not try and be like the great William F. Buckley, engaging in the well-known habit of interspersing Latin phrases which no one understood but everyone acted like they did; and instead will provide in the next dependent clause the English translation so as not to appear too intellectually prudish) — “To be (i.e., to exist) is to be perceived” — engendered ridicule, confusion, complex rebuttals for justification of untenable positions, and a firestorm of fascinating linguistic gymnastics to explain contortions of philosophical positions.  For, we all believe that there exists, beyond our own perceptions, an objective world separate and apart from the experiential sensations of our own bodies.

One might counter: If “existence” is defined merely by our own sensations, then we should be able to defy the objective existence of the world by numbing our perceptual apparatus.  Thus, if a bus is oncoming, simply blot out our perceptual capacities and when the bus “hits” us — poof! — no bus.  Similarly, when we leave a room, the existence of the room from which we just exited is assumed to still exist despite our distance from it where we no longer perceive it.  In other words, we “believe” that the viability of the objective world does not depend upon our perceiving it.

Thus, the criticism of the statement itself — “To be” (i.e., exist) “is to be perceived” (i.e., that such existence depends upon our perception of it) — is thought to be nonsensical.  It is akin, likewise, to our future plans.  We expect future occurrences to follow upon the path of present conditions.  Thus do we wake up each morning and expect the coffee to taste somewhat like the way it tasted the day before, and the day before that; that when we awaken, the ceiling above is the same color as it was the morning previous; and that the office or worksite we will approach will be there as it was before.  The future depends upon the present; the present is inescapably embraced by the past; and so we walk about in this universe expecting that future plans will be undeterred by unexpected phenomena.  Except, when they are.

Medical conditions do that, don’t they?  They deter future plans because they disrupt what we were before; they alter the scope of who we were just yesterday, or the day before.  The proverbial “room of existence” that Berkeley posited has in fact changed; it is no longer the “I” who was yesterday.

Filing for Federal Disability Retirement benefits under FERS is an attempt to regain the existential “I” of yesterday, in an effort to be able to focus upon one’s health instead of constantly worrying about tomorrow’s future with one’s Federal Agency or Postal Service job.  Consider consulting with an Attorney who specializes in Federal Disability Retirement Law.  It may be that existence depends more upon one’s perception than you think, and that future plans deterred may become undeterred by preparing, formulating and filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement under FERS: Errors Compounded

We all make mistakes; that is a given, and one of life’s irrefutable truisms.  Aside from the Pope and the untouchables in the movie industry, errors are committed daily, and spouses are there to make sure that we recognize the ill-conceived nature of perfection’s boast, no matter how much we try and cover them up.

An error is forgivable; a repeated error, sometimes laughed at; but errors compounded which could have been avoided are often the ones that retain the lasting vestiges of damage unable to be undone.  Every now and again, you come across a misprint in a newspaper; that is almost to be expected, because newspapers have a deadline, and even with the aid of technological editing in conjunction with the human eye, the rush to print will almost always prefer the tortoise’s path of guarantee.

When one comes across an error in a book — a misplaced word, a misspelled adjective or a skewed layout; well, that is an exception, given the fact that there are less constraints to rush to print, and multiple eyes should have caught the mistake.  If the book becomes a classic, it may well be more valuable with the misprint or error; if it is further enhanced with the author’s autograph, it becomes priceless.

For the rest of us, we simply try and trudge through the self-evident fact of life, that we all commit errors; what we try and do is to prevent errors from compounding.

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 key is to try and not makes errors in preparing, formulating and filing an effective Federal Disability Retirement application, to be ultimately submitted to the U.S. Office of Personnel Management.  Yet, how can you do that if you don’t know the entirety of the administrative process called “Federal Disability Retirement”?

Errors compounded, in the end, often comes about because of lack of knowledge, and to gain that knowledge, it is often a good idea to consult with an “expert” who specializes in the subject-area that one pursues.  For preparing, formulating and filing an effective Federal Disability Retirement application, you may want to first consult with an attorney who specializes in Federal Disability Retirement Law, if only to avoid those errors compounded.

Sincerely,

Robert R. McGill, Esquire

OPM Medical Retirement: The noisy neighborhood

Whether used as a noun or a verb, the second grammatical appendage can have multiple meanings: as a stick of lumber; as an activity placing information, warning, directional declarative or similar linguistic affirmations; and the combination of the two words can be read only within a greater contextual enlightenment depending upon what meaning is meant to be conveyed or how the inflection and accent is emphasized.

As a mere stick of lumber, it is a rather boring concept, even when attached to the first word, “sign”, precisely because the focus is upon the “post”, and so the emphasis goes directly to the sturdy piece of wood and not to the interests of the information posted.  If, on the other hand, one means to connote a different linguistic avenue – of different and varying posting of signs, then our interest is tweaked because we are immediately drawn into the various and wider universe of warnings, directions, admonishments and disseminated information useful to everyday living.

Sign posts are meant to guide, warn, betray or inform; and between the spectrum of the duality of linguistic translations, there is a natural reflection to life’s everyday humdrum itself.  For, like the analogy between information posted or merely a stick of lumber, living life is likened to a wide spectrum of activities mirroring boredom and repetitive monotony, and those instances where sudden tumult and excitement makes for an interesting day.

Being healthy can be viewed as a form of boredom; it is like the person focusing upon the stick of lumber, even if there are signs posting some warnings.  And, correlatively, when sickness and debilitating medical conditions occur, the viewpoint and perspective alters dramatically, such that the monotony of the piece of wood is now replaced with the blare of the warning, admonishment and legal declaratives, and life becomes a tumult, not merely a lapping wave but a tsunami of devastating impact.

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 positional duties of the Federal or Postal employee’s job, the alteration of the perspective – whether seen as a “eureka” moment, a modified weltanschauung, or some reflective recognition of changed circumstances – the point is to shift the focus from the stick of lumber to the sign post itself: the job, the harassment, the constant antagonism and acrimony in the workplace – these are all the stick of lumber; one’s own medical condition, dealing with the doctors, the deterioration of one’s physical, emotional and mental capacity – these are the “signs”.

What we focus upon will determine the course of one’s future; and preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is the combination of both words as a compound concept: of recognizing the sign posts, and dealing with it accordingly.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Attorney

 

Disability Retirement for Federal Employees: The jolt that alters

Second chances are hard to come by; they rarely release the powers constrained and tentatively restrained for future redemptive actions taking those steps back, words erased from regrettable and thoughtless splices of life; and even when the opportunity is provided, it is precisely for the same reason that the One who visited and descended within the historicity of this world refused to restate that which had already been taught once; for, no matter how many times it is stated, reiterated and disseminated, the power of forgetfulness and deliberate self-justification to not do something is so ingrained in the humanity of man’s imperfection that one wonders whether any jolt that alters has an impact for very long.

There is, of course, the story of Saul of Tarsus, who on that famous road had such a shock of conversion that no amount of persuasive argumentation would alter the alteration consumed, and from that time, others have attempted to tell a narrative of similar power, conversional trauma and cataclysmic vicissitude; but they all miss the point.  It is not the narrative itself as told by one’s subjective experience, but of the experiential phenomena itself.  Trying to copycat the original is like the forgery of a masterpiece; somehow, whether it is the tone, the quality or the vibrancy of lack, there is an imperceptible difference that makes all the distinction in the world.

Medical conditions often provide the jolt that alters; suddenly mortality becomes a reality, the end seems nearer than in those youthful days when invincibility was the cornerstone of dare and foolhardiness, and fractures bones were mere brushes with defying the gods of fate, and we laughed in the face of weaklings who dared not advance.  Age has a way of bottling and distributing the laughter of gods that once seemed immortal, and it is the weakness of our essence that tends to bubble upward into the heavens of forgotten mythologies.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition becomes the jolt that alters, it may well be time to prepare, formulate and file 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.  For, in the end, it is not so much the jolt that makes the difference, but the alteration that compels movement forward into a future that may be obscured by fear and loathing, but a necessity that nonetheless must be faced; for, the jolt that is disregarded and ignored is that very one that will force the alteration, whether by choice or by freedom of will.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement Benefits: Asylum

As an active noun, it can mean the protection accorded to a migrant seeking refuge and escape from persecution; in a passive sense, it is an institution with a historical connotation of ill-treatment and mistreatment, imposed against the will of another who may be unable to care for oneself.  In either implied denotations, it reflects a protective refuge, either against the outside forces by within, or in response to inner spirits imagined without.

In rarer moments of perceptive translucence, one sees the need for the imposition of both definitions upon an allegedly sane universe.  Like the story by Hans Christian Andersen, The Emperor’s New Clothes, it isn’t until we stop ourselves and pause for reflection, like the boy who shouted out that, indeed, the Emperor is wearing none, that the need for an asylum is everywhere to be discovered.

Federal employees and U.S. Postal workers observe and witness such an event each day, every hour.  For Federal employees with a medical condition, and Postal workers who suffer through the agony of daily turmoil because “management” will not allow an injured worker to be accommodated, the abuse and misuse of people — the very resource of civilization which should be protected like precious gems to be admired and revered — is palpable and ultimately inexcusable.

Federal Disability Retirement should not be the final refuge of asylum seekers, but it often is.  It isn’t that Federal or Postal workers turn at the first opportunity to seek the protective walls of escape, but Federal and Postal workers often have no other choice.  If allowed to recuperate and regain one’s sense of equilibrium and repose, it may be that the wealth of experience and knowledge gained through years and decades of work could be re-channeled, but Federal agencies and the U.S. Postal Service rarely see it that way, and instead view all individuals as merely short-term investments.

Asylums are built to protect, but when the patients have run amok and control the very institutions designed to provide the refuge needed, it is then time for the Federal or Postal worker seeking assistance in filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, to contact an attorney to escape from the madness of antiseptic walls crawling with imaginary creepy-crawlies — or those who control the levers of power in the Federal agencies and the U.S. Postal Service.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement (FERS & CSRS): Computational Intentionality

Presumptuous intentionality will lead to an assumption which ultimately undermines one’s own argument; and in every endeavor, a computational approach based upon a general algorithm of life’s experiences will often leave out key factors and essential elements.

The problem with one’s own medical condition is that the person who experiences it is one and the same as the person who must convey the experiential factor to others.  That is what is often termed an “epistemological privilege“, in that the subjectivity of the medical condition, the pain, the psychiatric disorder, the cognitive dysfunction, one’s inability to focus or concentrate, etc., is ultimately reserved to the confinement of the person relating the factors.

There are, of course, objective methodologies in determining the subjective experience, by testing, diagnostic applications, manifested physical symptoms, etc.; but pain and other self-experiential factors are, by their very definition, subjective in nature.  A computational intentionality will take the experience of one’s own pain, consider the length and volume of medical treatment and records amassed, and presume that the compendium of the whole will make for an effective OPM Disability Retirement application.

One hears it all the time: “Mine will not have a problem”; “I am sure you hear it all the time, but…”  What is heard “all the time” is not necessarily shouts from success; rather, the voices heard are more likely to be in response to dismay and disbelief, as it is a denial of a Federal Disability Retirement application which evokes the loudest sounds of discordant trumpets.

The information which is placed into a computer determines the quality of conclusions arrived at when a computational intentionality is formulated; what one does not know, and fails to include and assimilate, may in fact be the harmful error which defeats.

For Federal employees and U.S. Postal workers who need to file for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the compendium of evidence to be culled and calculated, then disseminated as an effective and persuasive presentation to the U.S. Office of Personnel Management, is not what standard government forms account for.  But that “forms” were the primary foundation of a Federal Disability Retirement, then all Federal Disability Retirements would be easily passed through.  But then again, if that were the case, Federal Disability Retirement would not be a benefit to be proven, but a right to be asserted.

Yes, Standard Forms are a “part” of the process, and so for FERS employees, SF 3107 and their sequential series must be included; for CSRS and CSRS-Offset employees, SF 2801 and their sequential series must accompany the Federal Disability Retirement packet; and for all Federal and Postal employees considering filing for Federal Disability Retirement benefits, SF 3112A, SF 3112B, SF 3112C, SF 3112D and SF 3112E must be filed as well.

But in the end, be fully cognizant that filing for Federal Disability Retirement benefits through OPM, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is not merely based upon a computational intentionality of a mechanical nature; the “human element” is always pervasive and ever present, precisely because a medical condition itself is the ultimate revelation of the human condition, wrapped within the context of questions involving human frailty, empathy, sympathy, and the evocation of humanity within a universe of cold and mechanistic deliberations of silent computers.

And for those movie buffs, remember to pay homage to the HAL 9000.

Sincerely,

Robert R. McGill, Esquire