Tag Archives: lupus workers compensation medical retirement for federal employees

FERS Disability Retirement: This Post-Factual World

If facts don’t matter, then how is it that every side of every issue declares it to be the case that the “facts favor my side”?  The moment we allowed for the validity of the argument — that there are “alternative sets of facts” — the entire structure of rational discourse crumbled.

However you want to call the foundational basis of the Western Philosophical traditions — of the Socratic Method; Rational Discourse; The Adversarial System: The Dialectical Method of Argumentation, etc. — it was always based upon a number of propositional assumptions, including:  A.  There is ultimately only one “Truth” with a capital T;  B. that, even if there might be some subsets of smaller “truths”, they all become subservient to the greater recognition of “The Truth”, and  C. Once all contestants recognize this, no matter how arrogantly we want to resist, we must concede the existence of the greater Truth over the lesser ones.

Schopenhauer was reported to have stated that there are no real lies, but rather, only “crippled truths”, but one wonders.  Russell, of course, countered with his mischievous statement, and with one stroke dismantled the age-old Correspondence theory of Truth with that nonsensical proposition:  “The present King of France is bald”.  As there is no kind of France, he cannot be bald, and yet we all understand the rationality of such a statement, don’t we?

Yet, never let this Post-Factual World fool you into believing that in all areas of life, in every arena of discourse, in fullness of words — that facts simply “don’t matter”.

For example, for Federal employees and U.S. Postal workers who suffer from a chronic medical condition such that the medical condition impacts the Federal or Postal employee’s daily attempt to make a living — i.e., continue to work in his or her career of choice with the Federal or Postal system — don’t ever think that “facts don’t matter”, because they matter very, very much.

Contact a lawyer who specializes in preparing, formulating and filing an effective Federal Disability Retirement application to the U.S. Office of Personnel Management under FERS, and don’t let this Post-Factual World deter you from the importance of arguing your unique set of facts to OPM.

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.

 

Federal & Postal Early Medical Retirement: The Ornament of Language

We have all come across that experience — of people who talk, but say nothing; of eloquence without substance; or of the “great talker” who, after the party is over, stands alone in the solitary corner of irrelevance.

Language is meant to communicate; moreover, to provide the narrative of life and living.  The ornament of language — those hanging extras and decorations meant to embellish and enhance — is provided for various purposes, including exaggeration and to make it more “interesting”.

The question encountered in any narrative is to ask: How much bare-bones substance and to what extent ornamentation?  This is like the question: How much history should be provided, and to what extent, context and personal asides?

For Federal employees and U.S. Postal workers who suffer from a medical condition and must submit a Federal Disability Retirement application under FERS with the U.S. Office of Personnel Management, the question of content and substance as opposed to background information often triggers the concern about the ornament of language.

Precision is preferred; tangents should be avoided; the foundation of a case should be solidly constructed.

Contact an OPM Lawyer who specializes in OPM Disability Retirement Law and begin the process of preparing, formulating and filing an effective Federal Disability Retirement application under FERS with both the substantive content of a persuasive legal argument as well as the ornament of language which will compel the U.S. Office of Personnel Management to approve your case.

Sincerely,

Robert R. McGill, Lawyer

 

OPM Medical Disability Retirement under FERS: Messing Things Up

Can you mess things up without knowing it?  Absolutely.  Can you mess things up while knowing it?  Again, absolutely.

We have all been in that situation, haven’t we?  The latter context is always troubling — for, as we are engaged in the activity, we begin to have a sense that things are taking the proverbial “wrong turn”, and there is a growing, sinking feeling our involvement and participation in the endeavor plays a significant role in messing things up.

We begin to think up of excuses as to why what we did was less than harmful; we try and minimize our own ineptitude; we try and justify how it would have turned out that badly, anyway.  Or, as in the former context, our own ignorance allowed for the messing up of things and, while the period of ignorance delayed our knowledge (or lack thereof) concerning out active participation in messing things up, when we come to a point of knowledge, we suddenly realize that what we were doing (or not doing) played a major role in messing things up.

Filing a Federal Disability Retirement application under FERS can end up this way: Messing things up by not knowing what to do, what laws to comply with, what criteria needs to be met; or, messing things up by submitting too much information, etc.

To prevent this, contact an OPM Disability Retirement Lawyer who specializes in FERS Disability Retirement Law, and consider the consequences of messing things up.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The mythology we create

Folklores and mythologies we have read as children; they stir the imagination, of gods in faraway lands in times now forgotten, and of tales of daring and courage in the moral plays of a universe now turned between the tides of time and the ebbing of history.

We are told that they were a manner in which to explain the unexplainable; that, until the great Age of Science came along and placed everything in its logical perspective, we once believed in the mythology of gods, superstitions and the folklore of our own imaginations.

But what of the mythologies we create in modernity?  Of the infallibility of science, when the very judgment and discourse is still based upon human frailty and self-interest?  Of phenomena which we cannot explain but somehow ascribe words that sound meaningful and complex to the understanding of others, and so we continue on in the mysteries we create?

And of mythologies we create — whether in our own minds without ever sharing with others, or the daydreams we are trapped in which we repeat almost daily, as an escape from the drudgery of the reality we must endure; or, perhaps of the lie that began as a pebble in the stream but kept growing over the years until it became a boulder that stemmed the tide of discourse and created a dam which fed a lake?

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, the mythology we create can be somewhat on a lesser scale of mischief or criminality.

It need not tell the story of a civilization’s origins or in explaining some overwhelming phenomena of the universe.  No, it can be a story that is created to explain away the excessive use of Sick Leave or Annual Leave; it can be the mere telling of a tale that tomorrow the medical condition will miraculously go away; or it can be in the very self-deception that you can continue to endure the pain and suffering and hide it from your coworkers, supervisors and the Agency as a whole.

Federal Disability Retirement is a benefit that allows for the Federal or Postal worker to retire early based upon one’s medical inability to perform one or more of the essential elements of one’s Federal or Postal job.

In filing a Federal Disability Retirement application, however, it may require you to shatter the mythology we have come to create, and face the reality that the gods of thunder and lightening no longer throw down the zigzagging bolts of anger and revenge from high above, but rather, the rains of today may give way to the sunshine of tomorrow, explainable by the natural causes of science and that this amazing world of causality may yet be defined without purpose.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: Content

What do we mean when we distinguish between “content” as opposed to “context”?  Are the two always distinguishable, and if so, are there any features or characteristics that make inseparability a potential difficulty?

We have all heard the famous phrase from King’s speech about being judged by the “content” of one’s character, as opposed to the “color” of one’s skin – a deviation of sorts from the more customary reference to the distinction made between appearance and reality, form versus substance, or even of spiritual versus material (although, as to the latter, one will often hear the metaphysical argument that it is the spiritual which is the “real” reality, and that the material is merely that fleeting, temporal existence that lasts for only a limited time).

Can the two truly be separated so cleanly as to allow for harmless independence – or, like the Siamese twins that share a vital organ, would any attempt necessarily devastate both?  For, isn’t it the very appearance of a thing that attracts and allows for an investigation further into the inner depths of the thing attracted towards?  Doesn’t context always matter when looking into the content of a thing, whether it is an incident, a conversation or a person of whom one is interested in committing to for a lifetime of relational considerations?

We often like to make such grandiose claims of bifurcating distinctions, when in fact the reality of the matter is that both are needed in order to complete the picture of the whole.

One may argue, of course, that content nevertheless is “more important” than context, or that substance by definition is of greater consequence than appearance, and by fiat of ascribed significance, one often argues that the former is necessary but perhaps not sufficient without the latter, whereas the latter is not unnecessary, but nevertheless cannot be made without unless one wants to walk about through life with a missing leg or a part of one’s soul left behind.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, always remember that – in preparing the SF 3112A, Applicant’s Statement of Disability – the U.S. Office of Personnel Management is looking for both content and context, and thus must one always be wary and cautious about the implementation of both.

SF 3112A is a trick form.  The questions seem simple enough, but what is put in there; the legal consequences of what medical conditions are included; the result of failing to include certain other conditions that may later be of greater consequence; these, and many more pitfalls, obstacles and unknown legal impact that may or may not be made aware of – well, OPM is not going to tell you beforehand, or help you out, and will indeed judge the Federal Disability Retirement application based upon the content of what is included, and not by the “color” of contextually missing information.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: No time for empathy

Perhaps its disappearance and rarer occurrences are not because of defection of angels and loss of virtue from the circumference of human character, but for a much simpler reason:  We have no time for it, nor patience, nor capacity to embrace.  Often, the intersection between the reality of our social constructs and the loss of moral foundations mixes and makes obscure the ability to assign blame and causal connection to one or the other, but it is the cumulative and inseparable combination that results in the dire consequences we witness.

This technologically sophisticated world has no time for empathy.  All of that incessant talk about “connecting” and the importance of remaining constantly online, in-tune and involved in the virtual universe of Facebook, Snapchat, Tweets, text messaging, cellphone and other such modalities of electronic connectivity, the reality is that – from a purely objective perspective – each of the methodologies of communication are comprised of an illuminated screen with written words without warmth, human feeling nor organic nerve endings.

We communicate by means of those androids we created, expecting that exponential quantification of mechanical complexities can somehow qualitatively enhance our humanity, when in fact each such invention insidiously depletes and deteriorates.

Once, we scoffed at Chiefs and other indigenous characters who believed that the mystical capturing of one’s image by cameras and Daguerreotypes robbed and confined one’s soul, and now we make fun of those who believe that human contact is lessened by the tools of mechanized warfare; and so we decimated all tribes and their leaders, and leave behind in history books lost in the dusty shelves of an unread past the images robbed and lessened, and arrogantly giggle at those who complain of modernity and the technology of communication.

Empathy takes time.  We have no time left.

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 position, if waiting upon one’s agency to reveal and manifest some semblance of human empathy has been a patient discourse of frustration, you will not be the only one to experience such disappointment.

The fact is, empathy is a rare commodity, and showing its face of value is a search of futility more and more each day because of its scarcity.

Waiting for the Federal Agency or Postal Facility to accommodate your medical conditions?  Empathy is required, and nonexistent.  Expecting helpful information and cooperation from your Human Resource Office without fear of leaking sensitive information to coworkers and supervisors?  Empathy is necessitated, but clearly lacking.  There is no time for empathy, and it is better to begin the process of preparing an effective Federal Disability Retirement application without relying upon that which cannot be found even in the far corners of humanoid tablets we sit and stare at each day.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Life’s Fathomless Diatribe

We tend to personify and project upon lifeless, inorganic and inert entities, not to mention the extrapolation of generalized and universal conceptual forms, and inject them with personalities, characteristics and living imprints.  Did Plato make this fatal mistake, or was he beyond our intellectual capacity, and perhaps like the mischievous character he provided in his dialogues, was he merely the siamese twin of Socrates and inextricably conjoined in body, mind and philosophical spirit, with that glint of the knowing jokester?

“Life”, as we like to make of the stuff which confounds us, is like the half-crazed homeless person who stands on the street corner and yells at us as we pass by.  Sometimes, we even get hit by a bombardment of spittle, and an unexpected whack on the head, leaving us stunned and helpless, faint with outrage and anxious that Mr. Life may follow us home.  And, indeed, he sometimes does.

Life is like that fathomless diatribe; and we are merely an audience of one, isolated, watchful, spectators who can only observe, sometimes shout back, and in a feeble attempt at altering destiny, weep in a heap of self-pity and trembling repose.  That is how the Federal employee and the U.S. Postal worker feels, in confronting the mammoth of the Federal Bureaucracy and the U.S. Postal Service, especially when the Federal employee and U.S. Postal worker are enmeshed in the weakened state of fighting a 3-front battle:  One’s own Federal agency or the U.S. Postal Service; a medical condition that has begun to impact the ability and capacity to perform all of the essential elements of one’s positional requirements; and the battle against “life” and all of its multitudinous facets of complexities.

Is “life” just another metaphorical voice in the darkness of time?  For the Federal or Postal worker, the time to file 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, must often be determined by the harkening voice of life’s trials and travails.  As OPM is just another behemoth to confront, in addition to one’s own agency or the U.S. Postal Service, so the preparation to “do battle” must include the tools of engagement:  the facts, the law, and the will to proceed.  And like life’s fathomless diatribe, the will to win must first and foremost be the amour of protection in preparing, formulating and filing for OPM Disability Retirement.

Sincerely,

Robert R. McGill, Esquire

 

Early Medical Retirement from Federal Employment: Setting up the Parameter of an Argument

What we argue depends upon identifying the criteria already established, which is why arguments will often become prolonged engagements of meandering shouting matches, thrown at cross purposes, never agreeing to disagree upon the elements which represent an actual conflict.

How many wars have been fought because of a simple failure in identifying the issues; how many costly divorces originating from misunderstanding and loss of communication, and who suffers but the collateral damage issued to non-combatants who must witness the devastation wrought more by ego than by elevated principles worth contesting?

The parameters themselves can be manipulated, such that we can “require” things unnecessary, and “mandate” prerequisites never called for.  That is how individuals can perform the proverbial act of “kicking the can” down the endless road, by talking about issues which rarely matter, but somehow confuse the mind without rational forethought.

For Federal employees and U.S. Postal workers who are contemplating 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, there are many ways to delay or cease the necessary starting points even before you begin, because of the many difficulties and roadblocks which must be faced — the least of which is certainly not the medical condition itself.

In the end, such mechanisms of procrastination can be understood in light of fear, angst and foreboding dread; the fear of the unknown, the angst of change, and the foreboding dread of losing one’s place in society, the work force, and the belonging to a community of Federal or Postal workers.  We can always dredge up a reason for not; it is in doing that our acts justify our unmatched words.

In the end, the parameters we set for ourselves are merely window dressings for delaying the inevitable, and so when next the excuse to not engage comes to mind, simply replace it with a more mundane reason, like when Meursault referred to the bright sun as the justification for his acts, as well as the prosecutor who denounced it because of his lack of empathy for his dead mother.

Sincerely,

Robert R. McGill, Esquire

 

Early Retirement from Federal Job due to Disabilities: Setting up the Contingency for Failure

We all engage in it, at times; and like the vertical clearance events, like the high jump, the measurement of the horizontal bar can make a difference by fractions of inches or centimeters, and where we place the bar will determine the outcome of failure or success.  “If X, then Y,” we whisper to ourselves daily; “If I am able to get through this day, then it shows that I am better, and…”

But medical conditions, especially, have an unique characteristic of skewing and distorting the predictable outcome; and, further, when human desire, unfettered by comparative milestones used as “reality checks” in order to keep contained the buoyancy of human wants, becomes part of the equation, the systematic self-deception can occur through setting up contingencies which will inevitably fail.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition impacts the ability and capacity to perform all of the essential elements of one’s Federal or Postal positional duties, the issue of “when” to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management (submitted first through one’s own agency Human Resource Office if not yet separated from Federal Service or, if separated, not for more than 31 days; but if separated, within 1 year of being separated from service, which is the Statute of Limitations in all Federal Disability Retirement cases, with some stringent and narrow exceptions) has often been influenced by the imposition of setting up multiple and linear series of contingencies, all of which were doomed for failure.

That is why the very filing of a Federal Disability Retirement application often becomes a “crisis” of sorts; for, as we desire things beyond our reach, and know that such events are unlikely to happen, so we continually engage in such fantasies of hope, despite the facts which face us, the yearnings which remain unfulfilled, and the loud signals which have become sirens emitted from our bodies and inner souls, screaming to change course before the collision of life’s disaster brings tumult and chaos beyond the nightmares of our own making.

Sincerely,

Robert R. McGill, Esquire