FERS Disability Retirement: Who, What, When, Where, How…

The basics of High School Journalism class provide the content of every good narrative in order to inform the reader of the “news of the day” — who is involved; what occurred; when it occurred; where the event occurred; how it impacts the community, the reader, the bystander, the spectator, etc.

A newspaper article is quite different from other forms of writing, for it is meant to inform the public, and the specific reader who purchases the newspaper, of “current events”.  More and more, local newspapers are being bought up by large corporate entities, and the very “local” nature of the newspaper becomes lost as a result.

There are, of course, different types of writings, such as novels, biographies, autobiographies, as well as subsets of genres — of “crime” novels, “romance” novels, and more recently, of the type which Truman Capote created in his “Nonfiction Novel”, In Cold Blood.

In the end, however, all narratives of every genre contain — in one form or another — the identifying content of Who, What, When, Where, How, and why; and preparing a Federal Disability Retirement under FERS is no different, albeit through the genre of the Standard Forms of the SF 3107 series and the SF 3112 series.

Who is the applicant; What medical conditions are being asserted; When did the onset of the medical condition preventing the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job occur; Where does the Federal Disability Retirement applicant reside, and with What Agency?  How does the medical condition prevent the Federal employee or Postal Service worker from performing one or more of the basic elements of one’s Federal or Postal job?

And, while the reading may be rather dry and uninteresting for most, it must — like all narrative genres of every kind — be persuasive as to its core point of the plot.  To assist in making sure that your narrative in a FERS Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, becomes the next “best seller” by becoming approved by OPM, contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law.

Sincerely,

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

 

FERS Disability Retirement Help: The Next Move

What thoughts are connoted from such a phrase?  For most, it is perhaps the penultimate game of the Western world — Chess.  Or, if you have been exposed to Eastern or Oriental influences, the game of Go.  Perhaps neither — and the phrase, “the next move”, may evoke thoughts of a basketball player or some other sport which requires a “next move”.

Back to chess — for, as it is played by slow and deliberate increments of moving pieces on a board, there is always a “next move”, until there is not.  As well, in the game of Go, white and black pieces are set upon a board, each player attempting to make a double-“eye” in order to secure their vulnerabilities, until there is no more room to protect.  Often, our lives are reflected in the metaphor of such board games, whether of chess or of Go.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that filing for Federal Disability Retirement benefits becomes a necessary next move, you may want to contact a lawyer who specializes in Federal Disability Retirement Law.

Whether the next move is an initial application, or a response which must be filed with the U.S. Office of Personnel Management for a Denial of your Application for Federal Disability Retirement; or, from a second “Reconsideration Denial” resulting in a need to file an appeal to the U.S. Merit Systems Protection Board — contact an experienced attorney who is knowledgeable about the next move which must be taken.

For, whether in chess or a game of Go, or in filing for Federal Disability Retirement benefits, it is always important to make sure that the “next move” is the one which will advance your cause with a winning strategy.

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 under FERS: The “Right” Way

There are many ways to do things.  Often enough, we have heard our parents say gently, “Yes, you can do it that way, but the better way is…”.  The increasing superlatives — “good”, “better”, “best” — are like the houses in the story of the Three Little Pigs, of the house that was made of straw; the one constructed of sticks; and the last one, of bricks.

Can we say that all three were “good” houses?  It depends, one supposes — upon the utility, the comfort, and the “reason” behind why and what the house was built for.  As a matter of mere location for sleep and comfort, one could argue that any of the three homes were adequate.  If, however, as the story unfolded and revealed, for protection from predators, then there was indeed only one which was the “right” one — the one constructed of bricks.

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, it is important to prepare, formulate and file a Federal Disability Retirement application in the “right” way.  Yes, there are many ways to do it, but in the end, the sequence of how one formulates and puts together a FERS Disability Retirement application is, indeed, the “best” and “right” way.

Consult with a Federal Attorney who specializes in Federal Disability Retirement Law and begin the process of preparing your Federal Disability Retirement case in the “right” way.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employment Disability Retirement: The Un-Factor

Why is it that the prefix, “Un”, often connotes and implies more than merely a negation of the root word?  It doesn’t merely give a negative or opposite meaning in adjectives, as well as their derivative adverbs, nouns, etc.

Look at words such as “unceremoniously” — such treatment doesn’t just mean that a person was treated in a fashion negating any ceremony; rather, it often implies that a person was mis-treated and ill-used, as in, “The individual was unceremoniously kicked out of the building, accompanied by security guards and other personnel.”  Or, how about the word, “unknown”?  Does it mean the opposite of “known”, as a mere negation of knowledge or comprehension?  Or, does it often have the added connotation of some mysterious, dark force that hides and conceals nefarious and evil intentions?

The Un-factor is a natural consequence of how we exaggerate and enhance the negative, and life often reflects that tendency — of a magnified fear of an opposite and an exponential exacerbation of the commonality of an otherwise normal event.  Medical conditions tend to do that — of becoming an “un” factor in that the undoing of one’s health begins to undermine the stability of one’s life. It begins to skewer a person’s balanced perspective by making the world around you unbalanced.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, it is a good idea to consult with an OPM Disability Attorney to get the proper perspective, to receive a balanced opinion and get a legally sound opinion on whether or not Federal Disability Retirement is a viable option to the Un-Factor.  For, the unfairness of it all will only worsen if you remain uninformed in this unseen world of unfitting individuals in the uncharacteristic universe of Federal Disability Retirement, unless you unravel the un-factor.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Citing cases

The strength of a case is not further reinforced by the mere citing of legal precedents; rather, it is the use of the substantive application that makes for persuasive argumentation.  Often, cases are cited in a dizzying plethora of listings, of names and titles of legal opinions amassed in greater paragraphs of listings to impress upon the garnered support of the legal opinions allegedly providing for an unsurmountable wall of irrefutable authority; but upon further inspection, many of the cases are merely regurgitations of prior opinions and precedents, and add nothing to the substantive force of the point trying to be made.

Good things are “good” because of the goodness within them, but when one begins to believe that “goodness” comes not from the element of goodness but from the quantity instead of the quality, then we all fall into the self-contradictory trap of utilitarianism, where we fail to recognize that too much of something destroys the very goodness engendered by the good.

Just ask the kid who ate a gallon of ice cream and sat on the toilet seat for an hour with a stomach ache — whether ice cream taken to meeting one’s imagination of what heaven encompasses is still “good” in quantities that have no limitations.

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 process of amassing the complex information in order to “argue” one’s Federal Disability Retirement application should, at a minimum, include the citing of “basic” cases found in “The Law”.

This is necessary in order to reinforce the justification that one’s Federal Disability Retirement application is supported by the legal precedents that have held sway for decades on end.  Citing cases is important; citing the right cases is even more important; citing the relevant cases is very important; citing the relevant and significant cases and arguing as to why they are being cited — now, that is the most important approach of all.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Retirement: The time watcher

How many times (stated in the numerical sense) do we watch the time (in the alternative sense)?  Do we waste time by keeping an eye on time, or is it prudent because it forces us to maintain a “schedule” or mandate a strict adherence to a regimen of activities to be performed, chores to have accomplished and work to be completed?  Does watching time save time or merely waste it?

Say a person keeps looking at his watch (or is this in and of itself an anachronism, now, as everyone merely lights up the smart phone which has made wrist watches outmoded?), and you notice that he does so systematically — say, every 5 – 10 minutes.  Then, at precisely 5 o’clock, he gets up from his desk, puts on his coat and leaves the office.  You realize that for the past hour, all that this person had been doing was to check the time in anticipation of leaving at a certain time.  Whether any actual work was completed; whether the watching of time contributed to any productivity, etc., is of relevance, are they not?

For, the time watcher watches the time pass, and it matters as to the reason underlying the very watching of time.  It one watches the time in order to meet a deadline, say, or pace one’s self in a race, etc., then does it make it more productive than if one simply waits for the last hour to pass in order to go on to something else?

Time watching is certainly something which we all do, but as to its usefulness will often depend upon the reason why it is engaged — as in, for “negative” purposes, like “passing the time” in order for a specific moment to arrive, or for “positive” reasons, as in monitoring the passing of time while engaging in a certain type of activity, etc.  The harmless activity of time watching becomes magnified in exaggerated form when the very “watching” itself becomes the central activity — sort of like the notion of “we live with the expectation of dying”.

For Federal employees and U.S. Postal workers who realize that one’s times are “numbered” (both in the numerical sense as well as in a metaphorical usage) because of one’s medical condition that prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, it may be time to consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Whether the Federal employee or the U.S. Postal Service worker is under FERS, CSRS or CSRS Offset, the watchful time watcher who watches as others whittle away the time wondering whether the next harassing initiation of an administrative sanction will be imposed by the agency, or of the watchful waiting to see if you fail to meet the standards of an imposed PIP — watching the time pass to see if you can make it to retirement age or time-in-service computation is no way to live.

If a medical condition is impacting your ability to perform the essential elements of your job, it is time to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.  It is time — or past the time — to merely think about it; rather, it is now time to act, and not remain as a passive time watcher, but to take the reigns of time and become the time watcher with a purpose.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation Federal Disability Retirement: Quiet

Is “quiet” the same as silence?  Or, of lack of noise?  Is it a state of mind-body consonance, where the body can remain calm and unmoving, yet the mind remains racing with thoughts, and in that state of being, do we fool ourselves to think that the outer world will not impact the inner mind?  Or, in reverse order?

Quiet is that which we strive for, in a world where din is the normalcy of life.  Can medical conditions that betray that which we strive for be understood by those who do not experience it?

Consider Tinnitus – that condition where there is a constant “sound”, whether of ringing, hissing or clanging that disrupts any consistency of a person’s striving for quiet, and this, despite everyone else in the “objective” world being quite oblivious to the “hearing” of such sounds.  Or, of the person who is deaf or progressively losing one’s acoustic acuity – can the rest of the world understand such a state of reality?

We assume, as we operate throughout the world on a daily basis, that because others appear to act in similar ways, that their inner beings and states of minds are similarly situated.  To “think alike” is to remain comfortable; and to attain “quiet” is not just to avoid the constant rush of living, but to reach a plateau where life is consistent, predictable and somewhat boring.

For Federal employees and U.S. Postal workers who experience the disquietude of a medical condition, where a combination of multiple factors come to the fore: Of a medical condition that prevents one from performing one or more of the essential elements of one’s Federal or Postal positional duties; of “noises” from one’s agency, supervisors and managers of deficiencies in performance, attendance or quota goals; of being placed upon a Performance Improvement Plan (PIP); of receiving a “warning” memorandum concerning one’s use of leave, whether Sick, Annual or LWOP; of harassment even when one has invoked FMLA rights; or of the step just prior to the last one – a proposed termination, then a termination; it may be time to prepare, formulate and file an effective Federal Disability Retirement application, to be ultimately submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

“Quiet” is not just a state of how things are in one’s home; one can lose that goal of quiet by bringing home the stresses of work’s harassment and adversarial environment, and it doesn’t have to be an actual medical condition such as Tinnitus or progressive deafness – although those may also be a qualifying basis upon which to file a Federal Disability Retirement application – but multiple other medical conditions, as well, that result in the disquiet of robbing one’s quiet.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirements: The Cynic’s Tavern

It occupies a dilapidated building on the edge of town.  The sign that once overhung the entrance is faded and barely noticeable; but, then, the patrons who enjoy the end-of-workday glass or the occasional wanderer who mistakes the place for the origins of exotic mixtures need not a neon of invitation, but merely a marker that beckons.  Laughter is allowed; speaking is optional; rude behavior is not tolerated.  Silence is golden.  People go to the place of drink and merriment because it lacks the pretentiousness of the world outside; and the large man with a stubble of a week’s shade serves with nary a word, and respects the look of fatigue and demeanor of defeat foreshadowing the heavy sigh accompanying the hunched shoulders of the breathless customer.

The Cynic’s Tavern is the place where old men gather, young men and women cluster, and those somewhere in between loiter.  The younger ones have not yet been tainted by life’s travails, and hopeful dreams still clutter the naïve souls of untouched innocence; the one’s who have moved through some years of agony, still retain a glint of smiling faith; but it is the elders of the universe who sit at the bar and despair of lives wasted, wars endured and years forgotten but for the joys of friendship and solitude.

Cynicism is like a virus infecting a town’s essence; it destroys by incremental advances of insidious fatefulness, and never returns the gift of life once gained but lost forever.  If it has not yet prevailed, then wait a few years; life itself guarantees it, as fairytales of beauty, essences of love and mythological lands embracing inclusion and empathy, exist only in the minds of children, the duped or the meandering demented of society’s wasteland.

For Federal employees and U.S. Postal workers who continue to fight against joining the Cynic’s Tavern, the issue is often one of withstanding and withholding for so long, until succumbing is merely a matter of time.  If the daily harassment, deteriorating health and constant detours down the alley of worsening conditions has led to a point where preparing an effective Federal Disability Retirement application becomes necessary, then it is time to take the next step and formulate the proper and most efficient strategy in order to increase the chances of an approval before the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

It is one thing to enter through the doors of the Cynic’s Tavern for an occasional drink; it is quite another to find one’s seat there warmed by the constant occupation of one’s unmoved derriere.  The best antidote to prevent or curtail cynicism is to keep moving; otherwise, the stale drink and smoke-filled room will ultimately become a part of one’s vacant stare into a future less hopeful.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The perfection of nothingness

The advantage of nothingness over the clutter of everything is that the former – despite lacking any characteristic of anything concrete, or perhaps because of it – retains and reflects an aura of perfection.  It is perhaps a puzzle to consider perfection in that which represents vacuity, but think about it:  It is the figment and filament of negation which can represent the penultimate artifice of unsullied brightness; everything that is in being, can be found fault with, but nothing that exists cannot be prosecuted for imperfection.

That is why Anselm’s Ontological Argument for God’s existence is so deliciously irrelevant:  lacking any “real-world” content, the irrefutable perfection of its linguistic construct allows us to believe with such irredeemable faith in the a priori nature untouched and unable to be deconstructed in a world where everything is otherwise unmasked as either superficial, virtual or unreal.

The prefatory acceptance of the major premise – “That than which nothing greater can be thought of” – is itself of such irrelevant tripe (the substantive reference to the content, not the animal’s innards) that we involuntarily warm our hands and lick our lips before pouncing with predatory glee upon such sophomoric tropes (easy to exchange the “i” for an “o”).  And then we turn to our projects, as Heidegger would describe, in order to forget the unmasked and unveiled reality of our present concerns, because procrastination is the epitome of acknowledging our unmanageable souls and lives of decrepit conduct unlike the angels of yore.

There is nothing but imagination to feed our tired souls, anymore.  This isn’t even a “postmodern” world; instead, it is a “post-cynical” world.  We have unmasked every hero, dissected anything of value, and demeaned all content and reduced it all to mere materialism.  The only thing left for us to elevate to a heightened sense of ecstasy is nothingness itself.  Only if it survives in the corridors of our own minds and creative imaginations, can it be considered perfection.  For, in the real world, nothing that is of value can be trusted, and everything else remains but nothingness.

That is why, for the Federal or Postal employee who continues to procrastinate his or her Federal Disability Retirement filing, the perfection of nothingness often remains as the final hint of hope.  For, so long as one never tries, one can never fail.  Perfection in the security of not, is the epitome of safety.  By failing to file and remaining miserable in the pain and agony of one’s medical condition, the hope of future filing remains as the hint of hope for the future.  But the problem with such an approach – as with Anselm’s argument for the existence of God – is that we live in a world of real pain, real deterioration, and real destiny.

Preparing, formulating and filing an effective Federal Disability Retirement application by the Federal or Postal employee requires a “next step” forward in order to move beyond the perfection of nothingness.

In the trite parlance of ongoing modernity, there is never anything gained if nothing is attempted, but 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 employee from performing one or more of the essential elements of one’s Federal or Postal positional duties, the agony of continuing in a job which is self-destructive, is by its very nature an admission that perfecting that artifice of nothingness is nothing more than delaying the reality of an uncertain future where the perfection of nothingness will gain nothing more than the reality of nothingness, which is nothing to hope for.

Sincerely,

Robert R. McGill, Esquire