Tag Archives: mail carrier questions to lawyer about regular owcp v. schedule award with medical retirement

FERS Medical Retirement from OPM: The Edge of Touch

The edge of touch is that which is often unnoticed, unclaimed, unintended and maybe even unrealized.  It is of value to touch a life; some people accumulate such vast stores of value, where they touch lives and improve the greater lot; and, whether to advance a life through monetary means or by advice and wisdom, to touch another’s life is always of value.

Often, it is the edge of touch — of somehow making a difference in another’s life without the reward of knowing it — which reveals a reverberation so strong, a trembling reach so far, an earthquake of incalculable construction, that we fail to realize its impact until years later, or perhaps never.

For Federal employees and U.S. Postal workers who suffer from a medical condition and need to file for Federal Disability Retirement under FERS with the U.S. Office of Personnel Management, the edge of touch may be from obtaining a FERS Disability Retirement.

Contact a Federal Lawyer who specializes in Federal Disability Retirement under FERS, and consider whether the edge of touch might not arrive from a change of lifestyle, and from a lawyer fighting for your rights.

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 Medical Retirement Law: Linguistic Austerity

In modernity, it is lacking.  Is it merely for commercial reasons that everything seems to be overwrought with excesses — that volume is meant to compensate for lack of substance?

When substance is lacking, it is made up for by the exponential increase of insubstantial mass.  Some would put it in less genteel terms; as in, we fill it with a lot of B.S. and thereby make it look like more.  Is that also why poetry is no longer appreciated?

Poetry is the pinnacle of linguistic austerity; both in form and in content, it is the minimalism of words which triggers the greater expansion of metaphorical imagery; for, each word in every line, forming a stanza of pictures evocative of a thousand meanings, merely by the invocation of  implications and  connotations from a few words.

Linguistic austerity is an art form where each carefully chosen word speaks a volume of substantive content.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal employee from performing one or more of the basic job elements of one’s Federal or Postal position, don’t rely upon volume to replace content.  In a FERS Medical Retirement case oftentimes a single page comprising an effective medical report can prevail, while a thousand pages of medical records can lead to an application denial.

Contact a FERS Disability Attorney who specializes in FERS Medical Retirement Law, and understand that linguistic austerity is an art form where substance of content is superior to mere insubstantial volume.

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.

 

Office of Personnel Management (OPM) Disability Retirement: Bifurcations

People always like to bifurcate everything into neat categories: Friend or not; useful or not; Good or bad; You or me.  The binary approach, the disjunctive methodology; perhaps it is all an innate necessity for survival?

The ultimate categories of bifurcations is to live or die; to survive for another day or to cease existence; or, in a more poetic manner, Shakespeare’s, “To Be, or Not to Be” — yes, that is the question of ultimate significance; of Heidegger’s “Being or Nothingness”.  Approval or Denial.  Healthy or disabled.  Efficient worker or not. Member of “the team”, or no longer.  Neat bifurcations streamlined into a disjunctive of Kierkegaard’sEither/Or”; that is how we like life to be — or not.

For Federal employees and U.S. Postal workers filing for Federal Disability Retirement benefits, the bifurcation is clear: Either suffer through as you are doing until retirement age, or file for Federal Disability retirement benefits.  The rash “third” alternative is really a very bad one: Of simply resigning and walking away with nothing to show for all of the federal service you put in.

If you have a minimum of 18 months of Federal Service, you are eligible to file for Federal Disability Retirement benefits under FERS.  Contact a retirement lawyer who specializes in Federal Disability Retirement Law, and begin the process of the ultimate bifurcation: To fight for your benefit, as opposed to the unwise other — to give up.

Sincerely,

Robert R. McGill
FERS Disability Retirement Lawyer

 

FERS & CSRS Disability Retirement: The mindful debate

The concept itself can take on various meanings: of a “thoughtful” discourse or disagreement between two or more individuals; of a debate that takes into account factors leading to a courteous and conversational engagement; or of even a third meaning — that of an insular soliloquy, where the only voices participating in the debate are those of one’s own: voices that are never heard by the public ear, nor recognized by anyone else but the lonely voice within.

That is often the most dangerous of debates; for, in the end, who is the judge of such a debate, as to who wins or loses the argument?  Was there ever a chance for a third voice — an “objective” party outside of the confines of one’s own mind — to bring in another perspective, a different thought or a distinct voice of reason?

No — the mindful debate that includes only the purveyor of a one-sided perspective is predestined to conclude with a narrow viewpoint, and moreover, one that cannot be properly judged as right or wrong precisely because it was predetermined at the outset to a perspective unwilling to listen to differences. How often and how many walk about silently while never engaging others, forever having the mindful debate within?

It is too often the voices that consider the validity of such a debate to be singular, lonely and irrational, if only because rationality needs the input of voices other than one’s own.  Such mindful debates can turn to the solitary agony of troubled waters resulting from a myopic and wrongheaded view that things are worse than they seem, and it is the “seeming” that leads one astray.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where 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 singular voice that occurs in the loneliness of one’s mind is too often a one-sided debate until and unless you seek the advice of an attorney who specializes in Federal Disability Retirement Law.

Don’t let misinformation misguide you; do not allow for wrong paths to take you down error’s lane just because you have engaged in the solitary conclusions of a mindful debate.  Instead, before preparing, formulating and filing for Federal Disability Retirement benefits, to be submitted to the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset, consult with an attorney who specializes in Federal Disability Retirement Law and start including others in the mindful debate such that the mindfulness of the debate becomes also a thoughtful one.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Inversion thinking

The dictionary definition often refers to a “reversal” of an opinion, position, order of sequence or relationships between entities, but may also connote the grammatical alteration of the normal sequence in a sentence, such as placement of a verb before its subject.

In modernity, we often hear about the admonishment to “think outside of the box” – and advertisements often try to play upon this concept by declaring some grand secret that is only available to a limited number of people who are smart enough to call in to the station within the next 5 seconds, lest the opportunity of a lifetime be lost (ignoring the fact, of course, as you are sitting singularly in the confined space of your car listening to the radio, that there are tens of thousands of other listeners who similarly have the mistaken belief that being alone in a vehicle listening does not mean the same thing as being the only person hearing the announcement).

The fact of the matter is, that once a person begins to be told to “think outside of the box”, it is already too late; for, inversion thinking must occur prior to everyone else engaging in the herd-mentality of being different.  Being different means doing so before everyone else has similarly become different, which is to say that everyone becomes the same.  At that point, one must try and become different from the collective differences already alluded to, and in so doing, it is already likely that many other people have already considered the next course of mutation and followed a similar suit; and so it goes.

Inversion thinking is just a different way of thinking outside the box; or, one might say, it is the same as thinking outside of the box, only stated in a different way.  We all like to think of ourselves as unique and singular, when in fact most of us are mere figments of an aggregated collectivism.

We all go to the same type of schools; we listen to the radio programs within the restricted airwaves of our communities or at least until the satellite programs expire and the constant flood of offers to extend become so annoying that we go ahead and give that credit card number to pay for programs we never listen to; and the spectrum of information we are bombarded with – from television to movies, internet and Facebook, et al – makes herds of us rather than mavericks upon the great plains of the creative mind.

We are told as we are growing up, how unique and “special” we are, but in the end, inversion thinking is a phenomena that rarely occurs.

For Federal employees and U.S. Postal workers who are considering filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, it is often the thought of being “different” that prevents the Federal or Postal employee from taking that “next step”.  Be not fooled, however; for, from the perspective of the Federal Agency and the U.S. Postal Service, you have already been targeted as “different” because of your medical condition.

Inversion thinking requires taking that next step, and to think “outside of the box”, and preparing, formulating and filing an effective Federal Disability Retirement application is that distinguishing feature of human activity that will require a different kind of approach in order to step into the uncertainty of one’s future.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement: Avoiding emotional identification

We all do it, to one extent or another; doctors who deal with terminal children or relegated to the emergency floors; patients who must see the foreboding grief in the eyes of family members who have been told; psychiatrists, psychologists and therapists who listen “objectively” to the turmoil and trauma of other lives; the capacity for human compartmentalism is nearly inexhaustible.

Does the horse who listens to the cab driver in the brilliant short story, “Misery” (or often subtitled as, “Grief” or “To whom shall I tell my grief?”), by Anton Chekhov, have a choice in the matter?  Well, you say, the horse cannot understand the linguistic intricacies of the story told!  And, yet, we designate dogs and other animals as therapeutic breeds capable of soothing the wounded and scarred psyche of our neighbors…  The flip side of such a capacity, of course, leads to human cruelty beyond mere animalistic behavior, where the caverns of barbarism know no bounds.

The murderous son can torture in the name of the State by day, and sit with his mother at the dinner table and weep with genuine sorrow over the arthritic pain felt by infirmity and old age; and the boy who remembers the love of his mother may singe the wings of insects with pyrotechnic delight as mere gaggles of laughter unhinged by a warped conscience.  But, you say, insects and the lower order of animals don’t have “feelings” in the same way we do!  What does that statement truly mean, but merely to justify an act which — if otherwise directed at a fellow human being — would border on the criminal?

Bifurcation of lives lived is an important survival component for the health of the human psyche.  To identify with a suffering soul on an intellectual level allows for comprehension and understanding; to do so on a par at an emotional level merely subsumes one into the other, and negates the capacity to provide wisdom or advice.  That is why, in preparing a Federal Disability Retirement application by a FERS, CSRS or CSRS employee, whether in a Postal capacity or as a non-Postal, Federal employee, it is important to recognize that if a Federal or Postal employee prepares the Statement of Disability on SF 3112A without representation, the subject and object of such preparation are one and the same, and therefore collectively engages in an activity of emotional identification which is difficult to avoid.  For, the person of whom the Statement of Disability is written, is the same person who is the author of the narrative on SF 3112A.

Is there a danger to be avoided?  Isn’t there an advantage in conveying the feelings by the same person who experiences the trauma and medical condition?  If objectivity is defined, in part, at least, as a reasoned perspective from multiple sides of an issue or fact, then the greater distance ensconced between the subject discussed and the narrator empowered, will allow for the attainment of that position of elevated perception.

Certainly, that is how the administrative specialist at the U.S. Office of Personnel Management will be reviewing your case — by avoiding emotional identification, and trying to sort through the pain, suffering and legal implications of the Federal Disability Retirement application, hopefully prepared and formulated in as objective a manner as humanly possible.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: The Ballerina’s Pirouette

It is an awkward word to pronounce, and even more difficult to perform; but a full turn of the body on one’s toe or the ball of one’s foot, multiplied at dizzying speed while the world remains still or aghast with onlookers of disbelief, is but a day’s work for the stage performer.

Practice makes perfect, and the time, energy, pain and history of falls and mistakes preceding a single performance before an audience anticipating unsteady bouts of dizzying falls, where simple tasks of walking or standing are the only points of contextual reference and understanding, it is indeed an amazing feat of grace, balance, determination and pinnacle of human perfection.  It is a showcase of physical coordination:  the capacity to find the center of gravity upon a singular digit of extremity, and to twirl without falling from grace.

Human tragedies are like metaphors of such acts; for, as the world remains still, one’s own universe spins in a twist of timeless moment ensconced without empathy or consideration by others.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact one’s ability and capacity to perform the essential elements of one’s positional duties, the circumstance itself is likened to the act of a ballerina’s pirouette:  one’s own world is a twirl in time, while the greater objective universe remains impassive, dispassionate, unconcerned and mere observers of an inner sanctuary gone mad but from all appearances remaining the same.

It is difficult to convey in a persuasive or convincing manner such conceptual anomalies as “pain”, “depression”, “cognitive dysfunction”, “radiating pain“, “despondency”; words are not experiences, but they are the vehicle of transference for comprehension, understanding and relational convergence.  Watching the act of a pirouette is not the same as experiencing it; but finding the right words to describe it can come as close as possible for the necessary intersection of understanding.

For the Federal or Postal worker who needs to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, the ability to perform a pirouette is not a requirement, and it is not even mandatory that one can properly pronounce the word without a twisted tongue.

What is required, however, is to be able to convey effectively the spinning universe as experienced by one’s medical condition, such that the administrative specialist at the U.S. Office of Personnel Management can come as close to the experiential context of one’s deteriorating human condition as possible by a formulated convergence of concepts communicated via the greatest singular tool of Mankind:  the written word.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employee Disability Retirement Benefits: When Curiosity Fades

It is that compelling feature for animals and humans alike (if one is to make a distinction between the two); of an innate sense for the extraordinary, and a need to figure out change, reveal the hidden vortex of anomalies, and uncover the mystery behind the curtain.  Shakespeare made reference to the known proverb in Much Ado about Nothing, and it was originally meant as a forewarning for those who meddle in other’s affairs; but it is curiosity, indeed, which maintains an evolutionary compulsion to strive forth, to manifest life and liveliness in the face of dull acceptance and loss of inherent inquisitiveness.

When other concerns begin to intersect and overtake, is when such features meant to enhance survivability and adaption begin to diminish.  Life and its exhaustive characteristics, especially in modernity, can result in the uncharacteristic feature of disinterest and dismay.

Whether the injury or medical condition portends first, or the sense of abandonment in prefatory congealment, the fact is that life and its inherent stresses can be like a weight of seemingly insurmountable burdens crushing in its suffocating pervasiveness.

For Federal employees and U.S. Postal workers, the heightened stress imposed by increasing steps of adverse actions, punitive measures and letters threatening discipline and termination, can be daunting and devastating.  Dealing with a medical condition itself can be a full-time endeavor, and can sap the life, energy and reserve of vitality for even the strongest of individuals.

When the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s positional duties, it is time to take stock and inventory of one’s choices, which are normally limited to three:

(A)  Stay with the agency or the U.S. Postal Service, and allow for the progressive diminution of that peculiar trait called curiosity for life, (B) Wait for the adverse actions to increase in systematic advancement of punitive impositions, or (C) Begin the process of preparing, formulating and filing for Federal or Postal Medical Retirement.

The shell of a man did not become so in one fell swoop; rather, by incremental destruction, like a child taking apart a completed puzzle piece by piece.

Filing for Federal or Postal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS, is often the first step towards regaining a piece of one’s sanity, one’s physical well-being, and one’s “wholeness” of being a human being; and contrary to the common perspective that curiosity killed the cat, it is almost always the exact opposite:  it is the Federal agency or the U.S. Postal Service which kills curiosity, which is the underlying force and beauty of a life worth living.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: The Happiness Principle

A society’s trending obsession is often reflected by the backdrop of books written, published and popularized in culture corridors of mass media; and so the Oprah of timeless celebration never loses its luster for belated works attempting to keep pace with the commercialization of principles which once may have been considered seriously.

Plato and Aristotle addressed the issue; Existentialism arose from the ashes of war, and sidestepped it by considering the bleakness of the human condition; but in the age of technology and the optimism blanketed through mass dissemination of information, the focus has shifted from essence to residual results, where the natural consequences of X becomes the focal obsession of Y.  Happiness was once, in a time of yesteryear, an afterthought to survival, secondary to ethical conduct, and tertiary to a productive life.

Today, it seems that the principle is the primary goal of living, as organisms and amoebas naturally tend towards food sources.  Beyond the happiness principle, however, is the undeniable fact that it cannot be attained when certain interrupting forces blockade and obstruct; and pain, psychiatric conditions and medical disabilities certainly fall into that category.

There is, then, the condition itself (the medical condition) which impedes the happiness principle; and administrative processes (such as Federal Disability Retirement, filed through the U.S. Office of Personnel Management) which constitute a bureaucratic obstacle to corollary life principles.

Obtaining Federal Disability Retirement benefits through OPM does not and should not pretend to resolve medical issues; but it does allow for the Federal or Postal employee to attend to the primary concern underlying one’s life — the medical condition itself. Often, we confuse the essence of a thing with the appearance of that which presents itself to us.

For the Federal employee and the U.S. Postal Service worker, it is important to understand that preparing, formulating and filing for Federal Disability Retirement benefits, whether one is under FERS, CSRS or CSRS Offset, is not the “end all and be all” of attaining the ultimate goal, but rather part and parcel of multiple components which, like pieces of a puzzle, need to be gathered, sorted and organized in order to create that collage of life called contentment.

Thus the “happiness principle”:  perhaps not the destination to be confused, but the quality of the ride to get there.

Sincerely,

Robert R. McGill, Esquire