FERS Medical Retirement from OPM: Objectivity

In the West, the traditional approach is to be far removed and dispassionate in attempting to attain that level of acceptable discernment.  If there is even a whiff of personal involvement, a suspicion of a self-serving motive, or some indication of emotional application, the revered status of objectivity comes into question.

For some unknown reason, the label “To be objective” must ignore and minimize all that is preternaturally human.  A Kantian would argue that objective knowledge is a goal inherently impossible to achieve, precisely because we possess only subjective capabilities and impose our worldview upon everything we analyze, evaluate and assess.

To that extent, it becomes a mere tautology, for if we are incapable of reaching beyond  ourselves, then there would be no point in even trying.  But try we do, and in the Western Philosophical tradition, we employ devices such as Logic, the Socratic method of endless self-examination, and a touch of mystical fairy dust sprinkled as “objective analysis”.

For Federal employees and U.S. Postal workers who submit a Federal Disability Retirement Application with the U.S. Office of Personnel Management under the FERS system, the argument for objectivity is often refuted by OPM based upon a “lack thereof”.  OPM will argue that the “pain” one experiences, or the emotional impact from psychiatric conditions, is “purely subjective” and is therefore invalid as a basis for approving a FERS Disability Retirement application.

This, too, is a circular, tautological argument, precisely because ‘pain’ by definition, is always subjective.  Yet, that is not what the applicable law concerning the established legal criteria of proving a FERS Disability Retirement case holds, and despite OPM knowing this, they will systematically ignore the applicable laws governing FERS Disability Retirements.

In order to rebut OPM’ s baseless charge that your Federal Disability Retirement case lacks objectivity, contact a FERS Disability Lawyer who specializes in the practice area of OPM Disability Retirement Law, and successfully refute the fallacy of objectivity or the lack thereof.

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: Staying the Course

Sometimes, such a strategy can lead to success.  Despite facing obstacles or criticism, the strategic decision to remain steady and unwavering from one’s original plan can successfully result in meeting the original objective or goal.  More often than not, however, a slight variation deviating from such a decision to “stay the course” when some sense of adaptation and malleability is called for, is the better methodology to adopt.

“Staying the Course” is allegedly a showing of dedication to purpose, an unwavering capacity to ignore criticism and a steadiness of deliberation.  It can also reveal a stubbornness of stupidity.  For, when circumstances call for a change in course, ignoring such circumstances has resulted in great historical tragedies.  Great battles have been won and lost because of a leader’s inability to adapt to changing circumstances, or its opposite in waging the better fight because of an acuity of mind in viewing the need for such adaptation.

For Federal employees and U.S. Postal workers who have been “staying the course” in the face of a debilitating medical condition, it is certainly an admirable trait if you are able to stay the course.  However, if there comes a time when the medical condition is no longer compatible with being able to perform all of the essential elements of one’s Federal or Postal job, you may want to consider filing for Federal Disability Retirement benefits under FERS.

To do so, you should contact a FERS Disability Retirement Lawyer and see whether or not “staying the course” might benefit from another oft-used phrase — that of thinking “outside of the box”.

Sincerely,

Robert R. McGill
FERS Disability Attorney

 

Disability Retirement for Federal Government Employees: In the way

We talk about objects being “in the way”; of an accident on the road and we complain, “Why can’t they just pull over and get their vehicles out of the way?”  We use similar phraseology when we “objectify” human beings, as in — when we seethe with anger and retribution at some person — the threatening tone of: “Stay out of my way!”

Does the subtle (or not so subtle) alteration in language’s usage determine how we treat another human being?  When a driver gets irritated with a bicyclist who is not so adept at keeping a straight and narrow line on the roadway, do we forget suddenly the value of human life and see it merely as an “object” that is “in the way”?

And when you read of stories of human tragedies — of a person who negligently ran over a person and seriously injured or — worse, yet — killed a pedestrian, we realize the thin line between insanity and rationality, of love and hate, and the vulnerability of passions left out of control and going berserk when it is often the language we use so carelessly that leads to the tumults of life’s misgivings.

Objects are often “in the way”; can it ever be that people are also?  Do we bypass one another and ignore the plight of others because of our capacity and ability to objectify those very subjects we want to ignore and avoid?

Utopia is an idea of human perfection; the reality of this real world is quite different, where love, cooperation and human compassion lags far behind because the essence of human nature is far below the paradigm of perfection.  Honking the horn at something “in the way” when one is backed up on the highway in a state of frustration may well shed one of some frustration — until we learn later on that it was the body of a young child hit by a car because he was “in the way”.

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 concept of “in the way’ is a familiar one — for, the Federal or Postal worker has knowledge of it both as an object, as well as a subject.

The “medical condition” itself is “in the way” — seen as an object that has become an obstacle. Conversely, the Federal Agency or the Postal Service begins to see that once-stellar, high-performing individual — you — as something “in the way” of the Federal Agency’s “mission” and the Postal Service’s “work”.

When the Federal Agency or the Postal Service begins to see a Federal employee as an object, as opposed to a subject, then you know it is time to begin to prepare, formulate and file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, lest you become another casualty left in the heap of roadside debris as a passing car yells, “You were in the way!”

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Future looking

Young men and women should always be looking to the future.  It is the past which haunts and makes one stuck, unable to move forward; of memories and past hauntings that paralyze with fear and anxiety; and yet, so many of youth in modernity are stuck in the mudslides of the past that they know not the brightness of a future yet unachieved.

Do we reflect too much upon the past?  Are past hurts and slights — or worse yet, of abusive homes and horrors implicated by memories that will not go away — what freezes a person from moving beyond?

The general maxim for life should be: When young, look to the future; of middle-age, to reflect somewhat for lessons to be learned; and it is only for the old and decrepit in corners where rocking chairs rhythmically sound the memories of to and fro when reflections upon a past life should be embraced.  Future-looking is what is meant for the young and hopeful; past-looking, for the wrinkles of age and timeless eternity.

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, anymore, the future is not in lamenting about one’s past accomplishments, but in preparing, formulating and filing for Federal Disability Retirement benefits under FERS, so that one may attend to one’s health and begin to move forward, to become once again future-looking — beyond one’s medical conditions and beyond one’s Federal or Postal career.

That must all begin by securing a FERS Disability Retirement so that one can move beyond the paralysis of the present and step into the future-looking state beyond.

Sincerely,

Robert R. McGill
Federal Disability Attorney

 

Federal Disability Retirement Claims: The constant pruner

Without the constancy of the activity, the growth itself saps the life within and extends to expend energy that ultimately reacts with a self-immolation that harms itself.  Pruning is a necessary activity to lop off the unnecessary; otherwise, the diseased branches and the weakened limbs rob from the underlying life that needs less in order to live more.

Limbs that have weakened and are dying; the weak extensions that are yet strong enough to cling on as useless appendages that refuse to break and crack despite the winds of storms that test and weed out; and in clinging, deplete the sap of life that must still run its course through to the end of each.  The constant pruner knows that less is more; that by lopping off and ending the dependencies, the life that remains will be extended all the more.

So much of the world reflects the same approach; history is a constant pruner, of importance, significance, relevance and of what remains within the consciousness of a living society.  Bodies need pruning; or, at least, a refinement and readjustment, just in order to survive.

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, there is a reflective duality in the act of pruning: for the Federal agency or the U.S. Postal Service, they may look upon you as that useless appendage that must be pruned, leading to a systematic campaign of pressuring you to either resign (self-prune) or terminate (a third party act).

For the Federal or Postal employee, the steps necessary for “pruning” can involve:  Resignation; Filing a Federal disability retirement application; or just “staying put” — which, in the end, is an inactive, passive way of self-pruning, anyway, because it will ultimately lead to one of the first two, in the end.  The question is: Do you want the agency or the Postal Service to do the pruning, or do it yourself?

In order to prepare, formulate and file an effective Federal disability retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal employee is under FERS, CSRS or CSRS Offset, it is necessary to first take out the metaphorical “shears” by consulting with an experienced attorney who specializes in the law of Federal Disability Retirement.

That is the beginning of becoming the constant pruner — to first learn, then to proceed, lest you lop something off that should not have been.

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: The U.S. Department of Health & Human Sacrifice

Does modernity reflect progress?  And, more to the point, by whose definition do we apply the standard of “progress”?  Does mere movement or change constitute advancement, or do we fool ourselves by the proverbial content of shuffling the chairs on the deck of a sinking ship?  Each generation believes fervently that the previous one represents an archaic mode of static thought and stale fashions, and that youth itself somehow supersedes the necessity for any generational transfer of wisdom or insight.

In former times, certain societies would offer the best and the beautiful as human sacrifice to the gods of fate, in order to please, appease and gain favor.  In current times, we do the same, but cheat the gods by offering less than the healthy ones, and instead give to the winds of fate the decrepit, deteriorating and destroyed individuals who no longer contribute fully to society, thinking that by shedding ourselves of the rabble and remains of shorn vestiture, the favor of formidable fate will be attained for future payment in place of delayed gratification.  Why is it that health and human sacrifice have become terms of mutual exclusivity?

For Federal employees and U.S. Postal workers, the Department of Health and Human Sacrifice has become the largest entity of bureaucratic morass, employing more people than all other agencies combined.  It is the place where “health” is disregarded, and while lip service is paid to “accommodations” and those with disabilities, the reality of it is that such Federal and Postal workers are thrown down over the cliff as fodder for human sacrifice.

Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition no longer allows for fully embracing all of the essential elements of the positional duties required by the Federal agency or the U.S. Postal Service, know well that the Department of Health and Human Sacrifice exists for them.  Whether under FERS, CSRS or CSRS Offset, the relegation to this last bastion for infidels is the secret of modernity, kept in whispers where corridors of power and privacy prevail before being pushed down the chute of despair.

The only escape from such fated sacrifice is neither a replacement lamb nor a plan of refuge, but to prepare, formulate and file for an effective Federal Disability Retirement application through the U.S. Office of Personnel Management.  For, the Department of Health & Human Sacrifice was created under the guise of protecting the general public, when in fact its very existence is to advance the horrors as told by a generation of Orwellian drones; but, then, that is from a previous generation no longer relevant to current residents of modernity.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: A Pedigree of Choices

There are still some parts in the world where line of descent and lineage of genealogy matter; certainly, for spectacles such as the Westminster Kennel Club Dog Show, the origins of breeding, the line of winners, and the genetically pure tree of aristocratic connections matter still.  But humans are different; or so we like to think.

We are repulsed by the very idea of placing substantive significance upon birth rights, yet we fawn all over royal births and deaths; we deny the importance of name, lineage and legitimacy, yet grope with incestuous perversity for information of scandal and bastardly genealogy; and while we feign to act disinterestedly in matters blared in tabloid newspapers, somehow they continue to sell well, and the supermarket lines are crammed with such addictive fare, alongside candies and covered chocolates.

Pedigree is to the dying aristocracy what the economy is to today’s worker:  slow death, and fading into an unknown abyss.  That has been the beauty for democracies around the world — the choices given, the opportunities provided, in a universe where lineage, heritage and genealogy matter less than the chance to thrive.  For Federal employees and U.S. Postal workers who have come to a point in his or her career, where a medical condition has become an impediment, it is the pedigree of a different sort which must be considered.

Pedigree in a narrow sense is that which constitutes the DNA of bloodlines; in a more general sense, it is the recorded ancestry which determines fate, but which in the modern era we have been able to free ourselves of, and with deliberative intent, force the issue.  Thus, when we talk about a pedigree of choices, it is meant to denote the reaching branches of multiple paths to consider, from a singular trunk of limited origins.

Federal Disability Retirement is one such branch, reaching out into a different direction.  For the Federal and Postal employee 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, it will often seem that future choices are as limited as the former system of feudal paucity of exclusion except for name, blood and descent by birth.

But the modern pedigree of choices is determined not by the tree of ancestry, but in the tree of knowledge; and as Federal OPM Disability Retirement is a choice available for all Federal and Postal employees who have the minimum of 18 months of Federal Service (for FERS employees) and 5 years (for CSRS employees), it is incumbent upon the Federal or Postal worker who thinks that a medical condition is as self-limiting as the former constraints of pedigree, to consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, as the pedigree of choices.

Sincerely,

Robert R. McGill, Esquire