Tag Archives: injured federal agent unable to perform essential investigative tasks

FERS Disability Retirement: The Unwritten Last chapter

In one sense, of course, the last chapter has already been written for everyone — for, mortality imposes an identical outcome for all, and no matter the attempts of delay or circumvent that ultimate outcome, by artificial means of making one’s appearance younger than one’s stated age or by cellular-regenerative methods like exercise and good diet, etc., in the end, all such attempts are ultimately futile and we must all succumb to the natural deterioration and decay of our physical existence.

But it is in the “how” of mortality’s inevitability which makes for the uniqueness of that last unwritten chapter for each of us; of how the dusk’s phase of life was lived, the wisdom gained and imparted prior to departure, and what lasting legacy was left for those whose lives have many more chapters left to be written.

Is it with a bang or a whimper?  How many friends and family gather about to say farewell?  What stories and memories hold sway in the final paragraphs?

For many, applying for Federal Disability Retirement benefits under FERS through the U.S. Office of Personnel Management is tantamount to writing the last unwritten chapter of one’s life — if only because it always feels like the end of something significant; and indeed, it is an “important next phase” in one’s life — but it need not be the last unwritten chapter, but instead, the first in a series within a new beginning.

FERS Disability Retirement secures one’s financial future so that many more future chapters may be added in the coming years, including beginning a new career, going back to school, or traveling the world over.  Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and consider whether the unwritten last chapter in your life might not be the first chapter in a new and exciting novel at the dawn of your life.

Sincerely,

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

 

FERS Disability Retirement Benefits: Seeking Reason

Some would argue that the search itself is an abject lesson in absurdity.  On that front, perhaps there would be agreement between Russell and Camus.

The former — that giant in developing and advancing symbolic logic along with Whitehead (although, the story goes that Bertrand Russell had to prod Whitehead repeatedly and with annoying insistence from long periods of slumber and inactivity to work on the 3-Volume Principia Mathematica — but likely such a rumor was spread by the mischievous Russell himself) — would no doubt have questioned the wisdom of seeking reason after Wittgenstein essentially destroyed the foundations of philosophy and belittled Russell in the process.

The latter — Camus — believed that the universe itself and the teleology of humankind’s constant obsession with happiness, would have resulted in his uproarious laughter at the thought that men seek reason.  And perhaps they are both right.  Looking at the present epoch of modernity, can we honestly seek reason?  The war in Ukraine; the dysfunction in government in this country; the pandemic; the rise of inflation not seen for decades; the disparity of wealth as never before; the severity of pollution everywhere — is seeking reason a viable endeavor?

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, “seeking reason” is often twofold: 1. Trying to find a reason NOT to file for Federal Disability Retirement benefits under FERS with the U.S. Office of Personnel Management, because to do so is to admit to one’s own medical conditions, and 2. Trying to find a reason why you had to be the one chosen to suffer such a medical condition that has become career-ending.

Unfortunately, sometimes “reason” is neither enough nor discoverable.  Always remember that “reason” is an artificial construct of human beings, and it is reason enough to suffer from a medical condition, without seeking reason as to the “why” of 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.

 

Disability Retirement for Federal Government Employees: What not to say

Of course what not to say is as important as the things one says.  Such a warning is true in most contexts — social; professional; personal; familial; in either private or public settings.  We are taught that at an early age, and continue to feel its social and cultural “bite” throughout adulthood, until one has (hopefully) gained some wisdom throughout the years.

Some never learn it — perhaps because they never had to endure the consequences that naturally come about, or simply don’t care or, in the very rare instance of uniqueness, do not need to care either because of wealth, power or prestige that, like the teflon individual, no amount of social crudeness will wipe the sheen away.

“Don’t stare” is an admonition that parents make early on — another form of “what not to say”, except this one in correcting a non-verbal action.  “Don’t say things that are hurtful”, or “Don’t divulge private information to people you don’t know”, as well as the one that has to be balanced with concerns about putting too much fear into a child: “Don’t talk to strangers”.

It is, indeed, the “don’ts” in life that define the social graces within acceptable normative behaviors, and as the spoken work (or the written, as the case may be) takes up so much of human interaction, what we learn not to say, how we act and are restrained from acting, often defines the extent of a person’s maturity and learning.

It is often the negative which defines the positive — i.e., what we do not see is rarely noticed, but constrains that which is revealed (the positive) so that the unseemly and rough edges have been worn away, manifesting a smoothness that borders upon beauty.  But never underestimate the destructive force of that which is negated; for, if forgotten, it will resurface and damage.

Thus, 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 or Postal job, always remember that — in preparing, formulating and getting ready to file a Federal or Postal Disability Retirement application — it is important to keep in mind those things NOT to say or reveal; for, once you admit freely a legal basis upon which a denial becomes a certainty, it is difficult to retract that which is revealed.

So, in the end, your parents are proven right: What they told you NOT to say is precisely the rule to follow.  The problem, however, is that when it comes to dealing with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, you will need to consult with an experienced attorney who specializes in Federal Disability Retirement Law in order to comprehend the full import of what not to say.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Fear of one’s shadow

What does that metaphor mean?  Perhaps to different people, different and varying things — of constantly being on edge despite nothing objectively to be anxious about; of fearing the worst around every bend and corner; of imagining impending doom despite the best of times; of never being able to enjoy that which has been attained or accomplished; and a multitude of similar circumstances that evoke an image of a person who remains in a perpetual flux of emotional turmoil.

Does this describe you?  Perhaps there is a reason — some Freudian abscess deep within the damaged psyche of an individual, unidentified and undetected, originating from a trauma experienced in childhood; or, he’s just a “nervous sort of fellow”.  Fear of one’s shadow is that person who expects the worst even within circumstances that highlight the best.  It is not just a lack of confidence, nor a pessimism that pervades against the reality of the illuminated world; rather, it is the expectation of disaster when reality fails to coincide with shadows that fail to appear even when all around you darkness dominates.

Perhaps we have done a disservice to this newest generation, and the one before, by always encouraging them with hope, never criticizing them, and allowing them to always think “positively” about themselves, their expectations and their future.  Then, when reality abuts against the expectation of anticipated success, this young generation falls apart and is inadequately prepared to handle failure.

Fear of one’s shadow is often the byproduct of an upbringing unprepared and unfortunately ill-prepared to become responsive to failures in life’s cycle of successes and failures.  It is, in many ways, a protective mechanism, where fear is the dominant factor in order to shield one from the reality of the world around.

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 fear of one’s shadow may not be so unrealistic — especially as it concerns how the agency or the Postal Service will act, react, respond to or otherwise initiate sanctions, actions and administrative proposals if you fail to return to a previous level of productivity and attendance regularity.  For, in the end, the Federal Agency and the Postal Service are not in a protective role; rather, they are often the adversary that needs to be constantly reminded of “the laws” that protect and preserve human dignity and contractual responsibilities.

For Federal employees and Postal workers who need to file for Federal Disability Retirement benefits, remember always that it is not one’s own shadow that needs to be feared, but rather, the looming figure behind your own shadow that may come unexpectedly to attack you, and that is why you need to consult with an experienced attorney in preparing, formulating and filing for Federal Disability Retirement benefits, whether you are under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: The peskiness of life

Somehow, like children and rats, or of mice and men, the peskiness of life continues to trail behind us.  We think that things are going well, and then suddenly we realize that the nagging peskiness of life’s challenges has once again come upon us.  We wonder when that period of nirvana will be reached; that goal that we allegedly strive for each day of our lives; when will it come to fruition?

Life is difficult, and it becomes all the more so because of the technology all around us that persuades, convinces and pulls the proverbial wool over our eyes by making us think that everyone else lives a life of perfection.

Yes, yes, we believe we are all so much more sophisticated than to be “taken in” by the lies of advertisements, instagram pictures and those ads that urgently scream at us to “Call Now!  Don’t miss the opportunity of a lifetime!”  But are we?  If we truly believe in the subconscious — and advertising agencies certainly do — why then would we discount the power of the subliminal message, the persuasive impact of repetition and the daunting images that haunt and pursue?

Movies and television programs tell us daily of the exciting lives of others; instagram photographs reveal that lives of perfection exist in all other households; Facebook postings establish that everyone but you live interesting lives; and the peskiness of life seems to just follow me and you, while the rest of the world merely splashes through the gaiety of life’s endless stream of summer laughs and winter’s avoidance of discontent where youth is never stretched beyond the smile of a springtime dream and old age never comes upon the drifting leaves of fall.

Then, of course, there is the medical condition that suddenly comes upon us — where peskiness of life becomes magnified by the reality of human frailty.

Fortunately, for Federal employees and U.S. Postal workers, there is the added benefit of a Federal Disability Retirement when that peskiness of life begins to prevent the Federal or Postal worker from performing one or more of the essential elements of the Federal job or the Postal craft.  Remember, however, that in formulating the Statement of Disability on SF 3112A, be careful in not including too many whines and groans about irrelevancies that do not focus upon the core of answering each question.

But, then, the questions themselves are quite tricky, are they not — showing further that even in trying to obtain a benefit that is part of one’s Federal career or Postal package of compensatory benefits, one must always take care in making sure that the peskiness of life — that bundle of problems that makes it seem like life is so simple and beautiful everywhere else but in your own corner — doesn’t finally defeat you by making the simple mistake of not consulting with an attorney before you proceed down a road that makes peskiness into a very real legal problem of greater proportions than it was ever intended.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS or CSRS: Intrinsic Value

There is, at the outset, a question as to whether such metaphysical distinctions of esoterica have any relevance, anymore.  The ivory towers have all lost their sheen; civilizations have now embraced the comfort of relativism in the West, excepting those outliers who cling to antiquities of thought believed to merely be vestiges of a prehistoric era; and all such bifurcations of minutiae are considered mere word games designed to enhance and promote the ability and capacity for further social engineering.

Perhaps in the pragmatic world of options trading, there remains a definitional need to distinguish between “intrinsic” value and “extrinsic” value; where the nature of the option being traded constitutes the former, and the circumstances and previously-unknowable factors impacting upon the value of the trade itself defines the latter.

In real life, the philosophy of pragmatism itself has dissolved the principles once touted; the Aristotelian differentiation of ascribing value based upon its inner sanctity, as opposed to a derivative preciousness contingent upon other entities or circumstances, was once accepted as a given.  But such metaphysical distinctions have been cast aside upon the trash heap of historical irrelevance, and one rarely hears, anymore, about such highfalutin concepts, as they are now considered outmoded, irrelevant, or worse, pompously presumptuous in a world where only the politically powerful, the super wealthy, or the “beautiful” people are allowed such exemptions of conversational engagements.

One might still argue, in this present age where the force of logical argumentation has been replaced with the volume of vociferous condescension intolerable to auditory quietude, that a great work of art has intrinsic value recognized intuitively, no matter the extrinsic cirumstances.  But if a dystopic universe prevailed, and there was but one person left to visit the last burning embers supporting a museum left as a testament to humanity’s former greatness — but, where, no food was left, and starvation was the remaining mechanism for death of this last poor soul — would the salvaged Rembrandt have any “intrinsic” value, leaving aside the issue of extrinsic worth (of course, human nature being what it is, such a sole survivor may still have the imaginative inner strength to recognize that there may be a future still, and scurry off with such masterpieces in the hope that the future may hold a better day).

Metaphysical principles which once held some meaning, significance and defined linguistic purposes, have now given way to daily blatherings of “I feel” and “I sense”, where, in each such utterance, it is the “I” which defines intrinsic value, and the subjectivity of sensing and feeling enhances the contingency of external worth.  It is, in many ways, a sad loss for all of us, that we should rely upon such subjectivity of an objective-less concept.

For Federal employees and U.S. Postal workers who suffer from a medical condition, of course, 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 positional duties, the loss of any meaningful discussion between the intrinsic worth of X, or even the differentiation from the extrinsic value of Y, results in a universe where we are all treated as “means” to an end, and never just an “end” in and of itself.

That is why protective laws are necessary — precisely because we have lost any semblance of viewing one another as worthy because we belong to a greater principle called “humanity”.  But that is the practical world in which we live, and to which we must abide.

Filing for Federal Employee Disability Retirement is the best option left, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  Thus, preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is the pragmatic course for future security.  It is in that, where intrinsic value will be found, in the consolation of a future security otherwise lost in the extrinsic void of an unsympathetic universe.

Sincerely, Robert R. McGill, Esquire

Federal & Postal Employee Disability Retirement: Our civilization of the spectacle

The concept is borrowed from the Peruvian writer, Mario Vargas Llosa (there are two additional names he formally possesses, “Pedro” and “Jorge”, as in, “Jorge Mario Pedro Vargas Llosa”, which likely encompasses family traditions of heritage and linear identification of relations, but it is sufficient to identify this momentary act of plagiarism negated by referring to the common and known reference), and refers to the widespread acceleration across all societies in the public display of what we once considered tasteless and base.

The concept itself, of course, is further “borrowed” or likely evolved from a work entitled, “The Society of the Spectacle” by Guy Debord, which posited a critical Marxist theory about the evolution of Society where the greed in Capitalist societies in the hunt for accumulation of possessions naturally leads to the degradation of human dignity.  One gives away one’s age and antiquarian predilections in relating memories of childhood, when parents used to say to their children, “Johnny, don’t make a spectacle of yourself!”

Nowadays, such admonitions would fail to be understood; for, it is the wish and dream of every parent to see that the very apex and aperture of opportunity remain opened to one’s offspring — to become the next spectacular spectacle in this universe of appearance, show and public display.  Have we come to a point where all conventions have been nullified?  Where discretion is no longer the mark of good taste, and humility is equated with failure and false pride?

It was once thought that when history evolved such that the Kardashians rule the levers of the universe, we would know then that human degradation had reached its lowest common denominator.  But, somehow, the shovel seems to be able to dig a little deeper, and find a lower space in which to crawl into.  For the common man (and woman, as one can no longer presume equality unless it is explicitly stated), revelations of human maltreatment are nothing new.

Look at Federal workers and U.S. Postal employees across the board, who suffer from a medical condition, such that the medical condition necessitates an “accommodation” in the workplace.  It is rare, indeed, for the Federal employee or Postal worker who requests an accommodation, that consequences are not imposed, results are not negated, and reputations are not soiled.  Medical conditions should, by definition, be a basis for empathy and special accommodations; but in this society and civilization of the spectacle, it merely represents another venue where the weak are taken advantage of, and the sickly are relegated to the corner stall, away from the window of display, and hidden in the crevices of windowless corners.

Federal employees and U.S. Postal workers know well the treatment by the Federal agency and the U.S. Postal Service, of what it means to no longer be able to perform one or more of the essential elements of one’s Federal or Postal positional duties.  The choice is clear, and the alternatives defined:  Filing for Federal Disability Retirement benefits under FERS or CSRS, or even CSRS Offset, is the best and brightest hope for the future of an injured or debilitated Federal or Postal worker.

For, in the end, both the Society of the Spectacle and the Civilization of the Spectacle are one and the same; whether by evolutionary inevitability or description of the state of modernity, those who make a spectacle of one’s self, must pay the price of being a target for another who desires that high point of calamity, where only the strongest survive.  Darwin was right, after all; we just didn’t realize that he was describing both the human being as well as the lowest form of our animalistic essence.

Sincerely,

Robert R. McGill, Esquire
OPM Disability Retirement Attorney