FERS Disability Retirement Law: The Stories We Carry

How we allow our thoughts to narrate the inner voices we carry, matters in how we see ourselves.  The proper stories we tell ourselves; what words we choose when describing an incident we were involved in; even the tone of the voices heard within the inner, insular world of our own thoughts — they are important in formulating who we are, what we believe, and what the future holds for us.  The correspondence theory of language is now an antiquated, outdated theory of language.

When Bertrand Russell stated with a mischievous smile that the “ present King of France is bald” — he knew at the outset that there was no “present King of France” and, moreover, that “baldness” cannot be attributed to a non-existent royal entity; and yet, we fully comprehend the statement.  By comprehension, we admit to its meaningfulness, and even its coherence.

But how can a nonsensical statement having both meaning and coherence?  That is the point — that meaning and coherence have nothing to do, necessarily, with existence in the objective universe.  Then, one might query, what is so important about the stories we carry within our heads if they have no correspondence to the objective world?  Not only is it important, but moreover, it is significant; for, in the end, the stories we tell ourselves, about ourselves, which we carry within ourselves, provide the inner psyche to possess the confidence and strength to maneuver through the world we must occupy for the limited time we have in this world.

For Federal employees and US. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from continuing in his or her career, you need to contact a Federal Disability Retirement Lawyer and quit beating yourself to death about failures, inadequacies and debilitating incompetencies that your Federal Agency has come to make you believe.

Contact a lawyer who specializes in Federal Disability Retirement Law and begin the process of moving forward and beyond, so that the stories you carry will keep you growing into the next decade — and beyond.

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 Choice

Not all Federal Disability Retirement cases are the same.  The strength of a case is most often based upon the medical report and records compiled and submitted; the weakness of a case is often the agency’s contention that there are no service deficiencies, either in performance, conduct or attendance.

Rarely is a disability retirement application based upon a single, catastrophic event — although, that can happen, as well.

Psychiatric conditions are accepted as a viable basis for OPM Disability Retirement purposes, just as much as physical disabilities — a contention which was not the case a decade or so ago.

The choice for most Federal and Postal workers is often a stark one: Either remain at the job; resign, walk away and do nothing; or, file for Federal Disability Retirement benefits.  When a medical condition begins to impact one’s life, the first choice is often no longer a viable one; the second, a foolish one; the third, a decision to be made based upon the strength or weakness of a case.

Contact an OPM Disability Retirement Attorney who specializes in Federal Disability Retirement Law, and begin the process of making the right choice given your unique circumstances.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from the OPM: Chessboard of Life

Is there a difference between an “Eastern” and “Western” perspective of life?  Does the fact that we play one kind of game (Chess) while Eastern nations play another game (“Go”) give us any metaphorical insight into such differences?

The Game of Go uses the intersecting points on a line full of square spaces; on a similar-looking board (depending upon the size of the Go Board), Chess uses the square spaces themselves.  The Game of Go is a more “fluid” one, where the black and white stone pieces will fill the board at the intersecting lines, and thus can move up or down, sideways or diagonally, depending upon the initiation and response of the players to one another.

Chess, on the other hand, can only essentially move forward.  Yes, the pieces can move sideways (the knight, queen and rook, for example) and diagonally (the bishop & queen), but the object of the game is to reach the opponent’s farthest line of square spaces, whereas the Game of Go utilizes the entire board with equal value.

Do the two “games” tell us anything about the way in which we live?  Do we “view” life as a chessboard, as opposed to a Game of Go, and is there a difference in such ways where one can make a conceptual distinction between the two?

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 Chessboard of Life becomes a “match” between yourself and the U.S. Office of Personnel Management.

To “capture” their queen, you must maneuver your way past all of the threatening “pieces” of a Federal Disability Retirement application, and “checkmate” OPM with legal arguments and medical evidence that is persuasive enough.  Whether a different strategy as that applied in the Game of Go should be considered, depends upon the unique nature of your individual circumstances.

In either case, it is good to consult with a “Master” of either Go or of Chess — a FERS Disability Attorney who specializes in FERS Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employee Disability Retirement: Firewalls

We all have them.  The original intent was to build a structure that would impede or prevent a fire from reaching a particular building or home, but in modern usage, it refers to the technological security device which prevents intrusion, hacking, vulnerability of sensitive information, etc.

In real life, we have personal firewalls — through our behavior, the stories we tell, of not responding, not picking up the telephone, of not being “real”.  They are the personality devices we have developed in order to protect the inner vulnerabilities we all have.

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 firewall you need is a Federal Disability Retirement annuity.  It will protect you against future insecurity and financial disaster by providing a set annuity.

Contact a Federal Disability Lawyer who specializes in Federal Disability Retirement Law, lest the firewalls that you have created in trying to extend your career fails to protect you from an eventual termination because you can no longer perform all of the essential elements of your job.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Representation: Conversations

What is a conversation?  Or, is it an empirical phenomenon that — only when we are in the middle of it — we know as we experience it, but otherwise is undefinable?  If there are 5 people in a room but only 1 is doing the talking, is a conversation ongoing?  Must there be a “back and forth” give and take, or must something more be involved?  If the same 5 people are in the same room, and all of them are talking all at once, does that rise to the level of a conversation?  Does interruption and talking over one another undermine the definition?

What if there is extraordinary politeness — of each waiting his and her turn — and where no one interrupts, there is a pause between each discourse and a civility beyond mere lack of rudeness, but upon listening, one realizes that each one of the individuals is speaking about a completely different topic, and there is no interaction or even acknowledgment that anyone is listening to anyone else — does this all of a sudden undermine the concept of what is occurring?

This is an Age of Discord — of intractable positions taken, where the foundations that once formed the Age of Reason have been decimated and we are left with empty voices of loud vehemence, hollow in content but roaring in volume.  Truth, objectivity, logic and rational methodology — the very essence of discourse and conversation — have been hollowed out and cast aside.

It is now in camps of “us” against “them”, but the singular missing component that has devastated the capacity to have a conversation is the one that no one ever talks about: The ability to recognize and admit that someone else’s argument is superior to one’s own.

When was the last time you heard someone say: “Hey, that argument is quite good and persuasive.  I think you are right.”?  Instead, it is the familiar refrain: “That’s just your opinion.”  And as the volume of decibels increases, the content of substance proportionately and precipitously falls.

There are, of course, various levels of conversations, but one level is clear: Listen to the other side.  This also includes reading, recognizing and understanding the applicable statutes in an administrative process in order to meet all of the elements of the burden of proof.  Being intransigent and stubborn are qualities that makes one feel empowered, but concurrently, are often self-defeating.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal and Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it all begins with knowledge — of the statutes, the case-law and the precedents that apply.

We may all have to concede that the Age of Conversations is over; what we may be left with is a process where, at the very least, one must listen and try to learn.

Federal Disability Retirement is an administrative process which is never simple, and must be approached with knowledge, tenacity and an ear to listening to what is needed in order to meet the eligibility requirements.  Having a medical condition is a start, but it is not enough.  And like conversations that may have started but puttered out without fanfare, preparing an effective Federal Disability Retirement application will take more than talking about how we “feel”.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Identifying the time for change

At what point does a person finally realize that it is time for a change?  That things cannot go on “as is” much longer, and certain modifications, “accommodations” (there’s that fearful word, again) and alterations must occur, or else you feel that your head will explode or something dire will suddenly befall.  Inside, daily, your thoughts turn to the knowledge that “this cannot go on forever”, and that something must occur.  But what?

Then, the voice of hope keeps whispering that, well, perhaps circumstances will change, alterations to the objective universe may come about in the morning thereafter, and the world will somehow shift and things will get better.

We have been fed upon from infancy until the cold winds of adulthood that folklore and fairytales occur, but the reality is that unless we initiate the pathways of change, they rarely occur except in fables of miracles and mythologies told in dusty old books.

First, it should be clear that the need for change has already been identified when one recognizes that it is time for change.  That identification, however, is often not enough.  For, it is the further sub-identification in recognizing what it is that needs change, and more importantly, why?

If the reasons underlying the need are within the purview of one’s control and destiny of choices being made, then the second step in the process can be initiated by the need identified.  That is the critical juncture in the decision-making process: Of identification, the reason, the underlying need, and then the steps taken to initiate the change in order to satisfy the need identified.

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 need for change often comes about incrementally, insidiously and without great fanfare.

The “need for change” can often come at a critical juncture where frustration of a sense of impending doom collide, and necessity arises because no other alternative pathways appear to exist.  Moreover, it is the identification of the time for change that is often overlooked — that point in life where one is scrambling about desperately not quite knowing the “why” of the need, but only that it must come about.

Speaking to an experienced attorney who specializes in Federal Disability Retirement law may be the first step in sorting it all out.  For the Federal or Postal employee who must by necessity consider filing a Federal Disability Retirement application , the need for change is likely now; identifying the time for change may only require the time it takes to have an initial consultation with a lawyer who has guided many Federal and Postal employees through this process before.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Paradigms abandoned

Of course, the most significant discussion concerning the shifting of major paradigms in the intellectual sphere of human advancement, occurs in Thomas Kuhn’s work, The Structure of Scientific Revolutions.  The concept of a “paradigm” shift, of adhering to a hypothetical model despite evidentiary incommensurability with the reality of an impervious and objective world; of a theocratic insistence upon a geocentric explanation despite factual calculations pertaining to a heliocentric reality; of bloodletting in medicine based upon the foundational paradigm of the bodily balance of humors; and, in personal lives, of how things “ought to be” as opposed to what actually are.

The farther an issue is removed from a direct impact upon one’s life, the easier it is to discuss it and arrive at conclusions based upon a rational discourse of commensurability.  Life lived as art is far more convenient than when the dreariness of engaging in the proverbial “reality check” must be faced in the mirror of one’s life.  Rarely does one apply a “scientific” approach when evaluating and assessing the reflection in a mirror; that is always left to the laboratory phase of one’s bifurcated life of compartmentalized delusions.  Yet, paradigms are precisely how we live; we just may not call it that, nor the foundation of our own actions in that manner.

Do we proceed based upon the expectations of others?  That, then, is a paradigm of objectified influences upon our motivational structure.  Are decisions primarily based upon an instinctive reservoir of emotional turmoil?  Consider, then, the paradigm of that lesser construct of our soul as identified by Plato in delineating the greater whole by comparative analysis between the state of one’s inner workings and that of the state itself.  In the end, the most telling factor in determining the essence of any human being, is not necessarily by the paradigms by which one adheres, but in the very ones which have been abandoned.

For Federal employees and U.S. Postal workers who suddenly find that a medical condition will likely cut short a promising and lengthy career, the abandonment of a paradigm must by necessity become an integral part of the process.  For, the attachment to the conventional perspective cannot be underestimated; the belief that career should override all other concerns, including one’s own health; that future retirement is to be dictated by an imagined age of demarcation where competence and inertia rules by physical necessity; or, that the “mission of the agency” is the priority at all costs, including one’s own health and well-being.

Whatever the paradigm upon which the basis of motivational irrationality subsists, the facing of reality will clash when the progressive deterioration resulting from an unexpected and chronic medical condition prevents the Federal or Postal employee from continuing any longer.

Filing a 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, becomes an inevitability when the proportionality between reality and the conceptual construct of a paradigm insisted upon becomes incommensurate; but, then, Kuhn had already warned us of that eventuality, as well as the fact that a paradigm abandoned is tantamount to a revolution conceived; we just kept believing that the tectonic shift was meant for the “other guy“, and never for ourselves.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The Damascus Depiction

The story of Saul of Tarsus was the only true depiction of conversion, of the contrasting alteration of extremes on a spectrum of change; all others following, including Augustine’s Confessions, are mere exaggerations in order to rise to the level of profound comparison between the ‘before’ and the ‘after’.  Such a generalization may be disputed, obviously; but isn’t it interesting how, in the tradition of that telling of the metamorphosis, so many religious leaders seem to feel that their own ‘personal story‘ of conversion needs to somehow compete with the original?

Thus, it is not enough to merely ‘have a conversion’; instead, one must have been the meanest, lowest, downtrodden ne’er-do-well who suddenly saw some figure or heard a voice and was struck by some unexplainable bolt of lightening, and it is in that tradition on the proverbial road to Damascus where the unparalleled universe of clashing phenomena must be described in greater details of incommensurate proportions which have seemingly competed for the attention of ages.

Why, instead, can it not be that a person simply reads The Good Book, mulls it over, and decides to change?  Similarly, why must we always feel compelled to tell a ‘greater story’, as if the one that reflects reality is never enough to be persuasive in catching the attention of the reader?

In some cases, as in the one for Federal employees and U.S. Postal workers who must consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the proper understanding of the legal criteria must first be considered, before beginning the process of preparing an effective OPM Disability Retirement application.

For, if the Federal or Postal employee, whether under FERS, CSRS or CSRS Offset, mistakenly believes that the legal criteria is identical to the one required to obtain Federal OWCP benefits (it is not) or of Social Security Disability benefits (clearly not the same), then the very approach in preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS may well reflect that misunderstanding.

Like the Road to Damascus, the true telling by Saul of Tarsus in the conversion experience which resulted in the Apostle Paul, the Federal and Postal employee who must experience the bureaucratic nightmare of changing from a Federal or Postal employee into a Federal Disability Retirement annuitant must tell the proper story which persuades OPM of the validity and viability of one’s case.

But in the telling, one should make sure that the contrast and comparison embraced is not like that of all of the subsequent historical copycats which misunderstood the point of the telling, but rather, the sufficiency of the true life experience of the Federal or Postal employee who suffers from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s Federal or Postal positional duties.

For, in the end, one’s own personal story of challenge and triumph is the only one worth telling on that Road to Damascus, or in the case of the Federal or Postal employee filing for Federal Disability Retirement benefits through OPM, on the pathway to Washington, D.C., with a waylay to Boyers, Pennsylvania, and before that, through the Human Resource Department, and before that…

Sincerely,

Robert R. McGill, Esquire

 

Federal Gov. Disability Retirement: Of dreamers and doers

There is a time for dreaming; of mental wanderings into wafting willows of soft surfs, where the ebb and flow of moonlit sparkles in the quietude of motionless tranquility pervades like the morning mist in weightless calm.  But in a world where action, doing, accomplishment and “getting ahead” constitutes the springboard of recognition and rewards, the temperament of timeless thinking rarely is allowed, and with grim furrows of brows judging with severe penetration of unforgiving eyes, the dreamers of the world survive at the behest of small windows of tolerance.

Of dreamers and doers, they span the spectrum between creativity and accomplishment, betwixt imagination and construction, and within fiction and fact.

There is a time for everything, and King Solomon knew well the appropriateness of matching the circumstances of the world to the plans of a future king.  For most of us, the time is now.  Dreamers who dream beyond the pinnacle of sleepless nights fare only at the behest of those who race ahead.

For Federal employees and U.S. Postal Workers who suffer from a medical condition, the need to act, to prepare, formulate and file an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, becomes more and more of an urgent need, concurrently with the time when the injured or medically incapacitated Federal employee wants to curl up and hide in the womb of dreams.

Life is hard; and while the state of dreaming allows us to momentarily escape the harshness of the world, we awaken with a sudden start, and realize that the dream shattered was merely a land of imaginary hope; doing is what accomplishes, and for the Federal and Postal employee, whether under FERS, CSRS or CSRS Offset, it is the concrete steps taken which will allow one to attain that conclusion of restorative prairies, where one can attend to the medical conditions and be free to dream for tomorrow.  Of dreamers and doers; it is to engage the latter, in order to have the time for the former.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement through OPM: Major Depressive Disorder

The Internet allows for everyone to have access to information; what it does not do, is to methodologically assure the sequencing of accuracy, legitimacy, or even of relevance in the wide dissemination of “it”.  One thing is clear, however; the society as a whole has changed; but whether such alteration of human interaction has been a positive ingredient, or one which will have lasting determinants of destructive tendencies, only time will tell.

The pendulum of history swings widely and with slow, deliberative force; years ago, there was a time when the hint of psychiatric conditions resulted in the shunning of individuals; the taboo of Freudian caricatures still resided, and acceptance of its legitimacy still questioned.  Today, there is acceptance, yes, but ignorance is never erased, and pervasive opinions amounting to a level of ridicule seems to insidiously creep in, of a perspective that as every other person on the street is on prozac or some form of psychotropic medication, so the ancillary consequence of that is to denigrate the seriousness of a clinically diagnosed psychiatric condition.  If everything is something, then all somethings becomes nothing, as all somethings become equalized in the morass of everything-ness.

For Federal employees and U.S. Postal workers who suffer from Major Depressive Disorder (or a combination of that, as well as other psychiatric disorders which often link to, accompany and present co-occurrences), the lack of understanding or empathy by coworkers, and suspicions created in the workplace, become palpable.

We like to think that society has progressed to a point of an evolutionary pinnacle, but the fact is that as more information is disseminated and made available, the loss of esotericism seems to have a negative impact.  Encounters often unveil the ignorance of societal biases:  most people still hold on to the view that, if only you “pulled yourself up by the bootstraps”, that somehow you can overcome your sadness and state of malaise.  But the clinical diagnosis of Major Depressive Disorder is nothing like that (with attendant co-diagnoses, often, of Generalized Anxiety Disorder, Panic Disorder, etc.).

It is a malaise beyond mere episodic sadness; with overwhelming loss of value of life, and of uncontrollable sense of hopelessness and helplessness.  It is, for Federal and Postal workers, a legitimate basis for filing a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Whatever those busybody neighbors have said or not; of those inconsequential cracks by coworkers or ignoramuses; the fact is, Major Depressive Disorder is a serious psychiatric condition of epic proportions, and one which debilitates an individual.  But there is a conceptual distinction, as always, to be made between having a medical condition, and proving that medical condition to OPM in an effective Federal Disability Retirement application.

It is the latter which must be considered when preparing, formulating and filing for OPM Medical Retirement; as to the former, continued treatment with pharmacologic and therapeutic intervention is the favored path, and never to fret alone in the abyss of one’s own wisdom.

Sincerely,

Robert R. McGill, Esquire