FERS Disability Retirement Claims: Determined Lives

Can it be viewed in at least two different ways and meanings?  Of a life that involves determination — i.e., in the sense of forcefulness, enduring faith and strength of character?  Or, in another sense, of being already fated, without choices or options to consider?

Thus are determined lives characterized, and bifurcated into two camps of perspectives, although the one is not exclusive of the other by necessity.

Most people experience both sets of experiences, often intersecting with one another depending upon the circumstances faced.  In some set of circumstances, one may have complete control over the direction and purposive intent of one’s life, activities involved and goals to be met — and by sheer determination, one may in fact accomplish and meet those desired ends.

Then, there are times and contexts when one’s life seems to be determined — where the control of one’s future is not within the purview of one’s own desire or effort, but by some distant force of persuasion cannot be easily influenced by one’s own will and determination.  A medical condition is one such instance.  One has no control over the fact of a medical condition, only of its effects and consequences, and even that, much of it is left in the hands of a doctor or specialist.

Loss of control — of living a determined life (second meaning) as opposed to a determined life (first meaning) — is a feeling that no one desires, and for Federal and Postal employees who sense that the loss of control is expanding into other areas of one’s life — as in one’s employment, ability to maintain a working schedule, and the loss of capacity to perform all of the essential elements of one’s Federal or Postal job: it may be time to consider preparing, formulating and filing 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.

The distinction may be a subtle one — of living a determined life (second sense) or a determined life (first sense) — but the distinction may make all the difference in the world, depending upon what your next steps are.  Consult with an attorney who specializes in helping Federal employees obtain Federal Disability Retirement benefits in order to avoid the determined life (second sense), and attain a determined life (first sense).

Sincerely,

Robert R. McGill, Esquire

 

Attorney for Federal Disability Retirement Claims: The Whisper of Discontent

Seasons come and go; it is one of those ponderous “throw-away” lines that people utter without much thought, somewhat akin to the customary “hello, how are you” declarative that is stated without a pause as the speaker rushes quickly past without waiting for an answer.

Yes, and there are also winters of discontent — borrowed from the line in Shakespeare’s Richard III, and also, by happenstance, the title of the last novel by John Steinbeck; but more often, it is the whispers of discontent that prevail more pervasively, for “discontent” is not necessarily a lasting emotion, or even one that endures for a season; rather, it is whispered precisely because of its fluctuating characteristic.

We whisper it because we know that, like seasons and emotions, time may heal and further time will alter it; and others may whisper it because the fleeting nature of it may not stand the test of objectivity.  And when the whispers of discontent turn and become the louder shouts of adversity, we often failed to listen carefully and instead ignored the voices that forewarned of foreboding toils.

Medical conditions have a tendency to provide such preludes, as well.  One often knows well before a doctor tells us, whether and to what extent the chronicity and severity of the condition foretells; and whether and to what extent the impact upon one’s Federal or Postal career will be.

The law concerning Federal Disability Retirement requires that the medical condition must “last at least 12 months” — but that does not mean that one must endure a 12-month period of suffering before filing a Federal Disability Retirement application; rather, that the treating doctor or medical provider must provide a prognosis that the medical condition will last, at a minimum, that length of time.

For the Federal or Postal employee who is considering filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the whisper of discontent comes about with the realization that the medical condition suffered is impacting upon one’s career by preventing the Federal or Postal employee from performing one or more of the essential elements of one’s job.

Although seasons do indeed come and go, and there may well be winters of discontent, the Federal or Postal employee who hears one’s Federal Agency or the Postal Service whisper utterances of discontent, may deem it advisable to begin to prepare an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, before such whispers become a winter of discontent where the avalanche of a proposed removal becomes initiated.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer for Federal Disability Retirement claims: Fact and opinion

These days, the distinction between the two has been almost completely lost.  One must qualify such a statement with “almost”, only because there may still be minority bastions and pockets of hope still holding out that the madness prevailing will someday be overcome.

Somehow, the lines bifurcating the distinction that once were so obvious became obscured, until suddenly it was no longer a matter of just blurry lines, but the lines themselves had disappeared, and no one spoke as if there was a difference to be had.  Facts were confirmed and established “somethings” in either the objective world or of tradition-laden statements that we could all agree upon; opinions were various interpretations of those commonly-accepted facts, interspersed with the subjective content that often prefaced with, “It is my opinion that…”.

We have now discarded even the prefatory admonition, now, because it has become an unnecessary addendum; since there are no longer any facts, and everyone is privileged to hold an opinion, we go ahead and speak not facts because our opinion holds out just as well, thank you very much.

Where did it all begin?  Was it because Plato made too much about the difference between reality and appearance — so much so that he was forced to manufacture his conceptual fiction of ethereal “Forms” that itself became so problematic?  Or was it with Descartes, where certainty of one’s own existence became relegated to the subjective “I”, and so it was bound to become a muddle as more and more philosophers came to realize that, like Russell’s muse about language and the destruction of the traditional correspondence theory of truth, statements made could not so easily be identified as either fact or opinion.

It becomes much more problematic when statutory, reputation, education and logical methodology are altogether discarded and made irrelevant, and so we come back full circle in questioning ourselves, the categorizations we have imposed, and how to get beyond the conundrum of modernity’s own making.

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 job or Postal position, the question concerning “fact or opinion” is an important one, because the weaving of one into the other is queried in Standard Form 3112A, Applicant’s Statement of Disability.

How one’s answers are formulated and presented; whether they can be verified, established, “backed up with facts” as opposed to being left as mere subjective opinions — are all bundled up and contained within the questions asked, and how you will be answering them.

Fortunately, there is still remaining an approach and methodology of presenting facts as facts, and setting aside opinions and interpretations of the facts, and in preparing, formulating and filing 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, it is important to recognize the difference still, and be cautious in completing SF 3112A in light of modernity’s obsessional disorientation on the difference between fact and opinion.

Just the facts, as stated by my opinion.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Claims: Hope’s extinguishment

Hope is the fragile string that first becomes frayed when avenues of discourse become closed and the corner that was once merely a lexicon of intersecting walls becomes a place where no exit can be found, anymore.  Cornered animals and armies without a pathway for escape become desperate in their responses; and as survival is yet an instinct that has not evolved much beyond the stage of an amoeba swimming in its own microscopic universe, so the urge to fight still remains no matter the odds pitted against them.

The extinguishment of hope comes about when the imagination can no longer fathom a future without a hint of progress, a glimmer of some warmth, and a pathway where present circumstances can be altered. One can become steeped in the insularity of one’s problems, and when those problems become magnified through suffering from a medical condition, hope’s extinguishment is sure to follow.

Filing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is often that pathway out of a cornered life, where hope’s extinguishment can be averted, the glimmer of a future yet uncertain can be stabilized, and the preoccupation with tomorrow’s dismal forecast can be rejuvenated.

Is it the solution to all problems large and small?  Hardly.  But it is an employment benefit that is specifically designed to help the Federal or Postal employee who is no longer capable of performing all of the essential elements of one’s Federal or Postal job to begin preparing for a change of career or a modification of one’s future plans.  For, a person who is granted a Federal Disability Retirement can still go out into the private sector and become employed in another capacity (yet utilize the skills acquired while in Federal employment) and earn up to 80% of what one’s former Federal (or Postal) position currently pays, on top of the Federal Disability Retirement annuity.

Hope’s extinguishment is often a result of failing to consider alternatives when imagination is left to the recesses of dark days and sleepless nights; for, in the end, Federal and Postal employees should always consider all benefits available, and preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may be the pathway to reignite hope’s extinguishment.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation Federal Disability Retirement: Life puzzles

Depending upon the accent or inflection, the phrase can take on differing meanings.  If stated in a monosyllabic intonation, it can be a quiet declaration that the entirety of life is comprised of multiple puzzles in an inert, non-participatory manner.  The other way of “saying it”, is to pause between the two words in dramatic form, or even put a question mark at the end of the phrase, making the second word into an active verb and the noun of “Life” into a projectile that deliberately confounds and obfuscates.

In either form, we all recognize the truth underlying the sentiment: from birth to the continuum of living daily the challenges and encounters, it is always a constant struggle to try and maintain a semblance of rationality in a universe that continually creates flux and mayhem.  That was the philosophical strain that was always taught between the contrasting foundations of Parmenides and Heraclitus; of the wholeness and unity of Being as opposed to the constant flux and change that the world imposes.

Life puzzles us in so many ways, and the life puzzles that confront us daily confound and confuse.  See the subtle difference between the two ways of using the phrase?  In the first, it is in an “active” form, invoked as a verb (transitive or intransitive), whereas in the second, it is used as a noun.  We can get caught up in the grammatical form and usage of words, and in the process, get lost in the theoretical issues surrounding words, concepts and thought-constructs surrounding so many endless and peripheral issues; but the point of recognizing such subtle differences in the language we use is precisely to avoid and deconstruct the confusions we create within the language we use and misuse.

In either form of usage, it is important to state clearly how and for what purpose we are engaging in a formulation of words, thoughts, concepts and narrations.  We all carry narratives within ourselves that we must be ready, willing and able to use in order to describe, explain and delineate.  Those subtle differences that words create must always be untangled.

For Federal employees and U.S. Postal workers who are considering 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, the importance of being able to distinguish between subtle forms of language usage cannot be over-emphasized.  For, Standard Form 3112A, Applicant’s Statement of Disability, is in and of itself a life puzzle that puzzles even the clearest of puzzling lifetimes; it is, moreover, a legal conundrum and a language puzzle that must be carefully reviewed, discerned, untangled and responded to by first recognizing that life does indeed involve puzzles, and such life puzzles must be approached in a non-puzzling way.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Of the Charmed, Charted or Chartered Life

Of the troika of possibilities presented, the first is rarely available or even an option, if by a “charmed life” is defined as one where wealth is never a restrictive element, potentiality is ever compensated by unlimited resource, and freedom to choose — whether an unproductive, leisurely lifestyle or one which mixes pleasure with some semblance of “doing something” — is but a whim of desire and utterance of a command.  Few of us have this option.

As for the second — of a charted life, where cultural conventions, societal norms and limited possibilities structurally imposed by birth, circumstance and family lineage — this characterization is fast receding into the dustbins of antiquity.  For, we no longer believe that one should be constrained by outside forces — whether of teleological originations or based upon genetic dispositions.  The “charted” life — where an omnipotent external derivation or an internal, evolutionary mandate, matters not; it is, instead, the belief that the stars guide our destiny, and the hubris of Shakespeare’s characters cannot be altered by the sheer willpower of an internal desire.

Then, of the triumvirate, we are left with the third and last — of the “chartered” life, where we recognize the finite character of our existence, borrowed from a slice of timeless history, having to live the consequences of actions preceding our use of the vehicle, and appropriately adjusting the capacity to move forward based upon the present condition of our circumstances.

Do we drive the conveyor ourself, or allow for the owner to send a captain of a ship for which we have paid?  That often depends upon whether we can be trusted with the talents we are born with, the resources we inherit, and the burdens of responsibilities which we voluntarily embrace.

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 positional duties, the question is often likened to the options presented before the last of the triplicate:  At what point do we take charge of the chartered life, and begin to steer and maneuver beyond the pitfalls of life’s misgivings which have been presented?

Filing for Federal OPM Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is part of the responsibility of the Federal or Postal worker who can no longer perform one or more of the essential elements of one’s Federal or Postal position; and when the U.S. Office of Personnel Management denies a Federal Disability Retirement application, it is up to the chartered life to have charted the course of destiny towards a life more charmed.

Sincerely,

Robert R. McGill, Esquire