Tag Archives: medical inability to perform proposal to remove from postal service

Federal Medical Retirement Law: Impotent Perplexities

We live in a time of perplexities, and where we stare paralyzed with inaction, unable to move, incapable of solving, impotent to act.  “It is too complex”; “It’s not my problem”; “It’s outside of my department”; “Let those who created the problem be responsible for the solution”, etc.

We have come to think that words alone can move the world; and so people spend hours upon countless hours on computers, Smartphones, social media, etc., and stare at a blank slate and believe that by pushing buttons, some modicum of differences can be implemented.

Then, when nothing happens, nothing changes, nothing moves — in a word, perplexities abound and impotence dominates — we become paralyzed with a question mark: Why did nothing happen?  And so we become ensconced within the insularity of our linguistic conundrums, forever impotent in our perplexities, eternally paralyzed by our own inability to find our way out from the maze of our own making.

Medical conditions can result in the paralysis of impotent perplexities; for, in the end, many medical conditions remain as perplexities themselves within the very medical community which declares science as the pinnacle of human achievement.

Furthermore, for Federal employees and Postal Service workers, here is another perplexity which may confound you: How do you maneuver through the Leviathan of bureaucracies like that of the U.S. Office of Personnel Management?

Consider hiring an attorney who specializes in Federal Disability Retirement Law, and have an advocate who knows the ins and outs of maneuvering through the impotent perplexities of a confounding bureaucracy in preparing, formulating, filing and getting an approval of a Federal Disability Retirement application under FERS.

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 Disability Retirement Law: Difficult Times

We tend to think that ours represents the apex of such characterizations, but such a view would betray our ignorance of history.  Whether defined within the limits of our own personal circumstances, or by contrast to others within the same country; or, if one takes into account the world — other nations — “difficult” becomes relative, and can never be taken in a vacuum within the historicity of such a linear perspective.

Reading about the Great Depression, one immediately recognizes the fallacy of attributing these difficult times in descriptive adjectives which fail to accurately portray an appropriate contrast to modernity; of going hungry for days; of rampant homelessness; of rudimentary health care, and so much more.

Yet, comparing one’s present circumstances to prior historical models does nothing to diminish the crisis one experiences today — for, indeed, these are difficult times, and very little comfort can be achieved by hearing the words, “Yes, but others have had it worse”.

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 of more of the essential elements of one’s Federal or Postal job, recognizing one’s own “difficult times” is the first step towards initiating the necessary process of preparing, formulating and filing an effective Federal or Postal Disability Retirement claim through the U.S. Office of Personnel Management, under FERS.

Whether the Great Depression or other malevolent times were worse or not, matters little.  What matters is to move forward in life regardless of past historical circumstance, and to contact a FERS Attorney who specializes in Federal Disability Retirement Law so that these difficult times may see the light of a future which offers greater hope than the despair of modernity, or of past times, as well.

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 Benefits: Other Languages

Learning another language is an interesting phenomena — one requiring difficult dedication, a capacity for memorization (even with access to Google and the easy tools of translation, vocabulary, etc.) and a requirement of patience.  Perhaps you studied the language in college, or grew up in a foreign country where, as a child, speaking it was a natural way of life, somewhat like the process of osmosis.

Each language, of course, has its subtleties; some are more foreign than others.  French uses many words similar to English; Japanese or Chinese, on the other hand, are languages which do not share a common origin, and thus are often considered more difficult to learn.

Pronunciation of any foreign language is another matter altogether.  In some ways, the process of learning a foreign language is akin to learning a new “language game” — to understanding and comprehending terms and concepts in a different field or discipline.

Filing for Federal Disability Retirement benefits under FERS is somewhat like learning a new language, and the fluency with which one masters the concepts and legal strategies will often determine the pathway of success or failure.  Contact an OPM/MSPB Attorney who specializes in Federal Disability Retirement Law, and leave the learning of this “language” to an expert who speaks it fluently.

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 Benefits: The Inside View

There is the “outside” perspective as opposed to the “inside view”, and that is the mistake people make in various sectors of life: The “outsider” believes that, from a position and perspective of detachment and therefore objectivity, he or she is able to better assess, evaluate and analyze the event, situation or conditions experienced than by those on the “inside”.

By contrast, the “insider” views the outsider with suspicion, contending that he or she has no idea about the experiences and existential difficulties faced by the insider, and that a detached, objective viewpoint which fails to take into consideration the subjective, “personal” side of things misses the essential point of the issue.

It is the tension which exists between the townspeople and the “out-of-towner”; the one who lives in a community as opposed to the renter or investor; or of the person who drives around the neighborhood admiring the green lawns, the peaceful nature and the tranquility of a community, hoping to one day purchase a home there without knowing the problems inherent — say, that the water is contaminated or that there has been a rash of burglaries on the rise in recent years.

How does one break the invisible wall between the inside view and the outside perspective?  When does the demarcation between the two disappear?  Do numbers of years living within a community determine whether an outsider becomes an insider?

For Federal employees and U.S. Postal workers who are considering preparing, formulating and filing an effective Federal Disability Retirement application because of a medical condition which has come to a critical point where the Federal or Postal worker can no longer perform one or more of the basic elements of one’s Federal or Postal job, it often “feels” like one has all of a sudden become an “outsider” again — not only from one’s own agency or the Postal Service, but moreover, because of the complexity of the administrative procedures and bureaucratic morass of the U.S. Office of Personnel Management — of the sense that the whole process is strange and detached.

Consulting with a FERS Attorney who specializes in Federal Disability Retirement Law is a good first step in bridging the gap that widens when first encountering that feeling, in order to get an “inside view” of what it takes to prepare, formulate and file an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire
OPM Disability Retirement Attorney

 

Attorney for OPM Disability Retirement Claims: Confessions & public domains

Why is it that confessions and public domains represent a relief of sorts, an expiation of self-contained guilt and a sense of “righting” a wrong?  In Catholicism, confession holds a prominent place in the liturgy of that which constitutes a faithful observant; in crime novels, the taunting serial criminal is said to subconsciously “want” to confess to the crime, and leave multiple fingerprints at the scene of each devastating incident in an effort to provide a trail of enough clues to ultimately lead to his or her arrest, thus in effect “confessing” to each of the acts of psychologically diabolical intrigues; and for the ordinary person, there is added stress to the body when one refuses to confess to the public domains of one’s life, those “inner” thoughts that are somehow anathema to the acceptance of behavior in the “outer” universe of public discourse.

That conflict between one’s “true” identity as encompassed by the insular universe of one’s private thoughts and the appearance of one’s character in the public domain — what some would call the hypocritical tug-and-pull of reality-versus-appearance, or of what others would admit is comprised by the true essence of man as opposed to the public face that hides the inner soul.

Whatever the origin, truth or appearance of the matter, what we often discover is that there is, indeed, a certain sense of relief in making a confession within the public domain — whether that is satisfied by talking confidentially to a close friend (which is somewhat of an anomaly in and of itself — of merely confiding with another and creating a conspiracy of two instead of one), making a public pronouncement; “confessing” to one’s spouse; going to a group therapy session and admitting to things in front of that collection of individuals; and other similar acts that somehow expiate the inner turmoil of one’s soul.

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 job, preparing an effective Federal Disability Retirement application and actually filing it with the Agency or the Postal Service, then on to the U.S. Office of Personnel Management, is somewhat akin to making a “confession” in the public domain.

Part of the greater stresses of continuing on in this mode of secrecy — of trying to “mask” the medical condition from one’s Federal Agency or the Postal facility for fear of retaliation or harassment — is actually relieved by the “confession” of preparing, formulating and filing an effective Federal Disability Retirement application, filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, and it is in the “public domain” of the U.S. Office of Personnel Management, or better known by its acronym, OPM, that one finally begins the long and arduous trek of regaining one’s health, by tapping into that traditional method of confessions & the public domains of life’s priestly expiation of the inner sanctum of one’s soul.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Law: The unsolvable dilemma

Most of us live linear lives.  It is a characteristic of Western Civilization that the thought-processes involve a sequential, step-by-step, logical extension and advancement.

Much has been said about this approach, in contrast to an “Eastern” philosophical methodology, where there is a “circular” mind-set that often involves the complexities of reincarnation, capacity to assimilate inconsistent, incommensurate and seemingly incompatible belief-systems – and, indeed, to even describe the “other” as a “methodology” is an oxymoron of unfair proportions, for it is more of an amalgamation of acceptance without hesitation – like the symbiosis of Shinto and Zen Buddhism in Japanese culture.

Such an approach – of a straight line from Point A to Destination X – that reflects the essence of the Western culture, including Continental Europe, the British linguistic solutions and the U.S. pragmatism that dominates, leaves us with an emptiness when we encounter and engage the unsolvable dilemma.  Perhaps that is the primary deficit in “our” approach, as opposed to the “other” one.  For, in attempting to think always in a linear fashion, we become frustrated when the solution cannot be figured out or otherwise consummated.

A problem left unsolved is one that we consider to be a failure of sorts, because the pragmatism of Western thought requires that all problems have solutions; it is a paradigm that has been ingrained in the DNA of our very being and essence.  But life doesn’t quite work in that way, does it?  There are unsolvable problems – where we just have to accept what “is” and move on with the deficit of a solution.

Medical conditions comprise one such class of such unsolvable issues.  We like to think that the “science” of medicine provides for a cure through complex and technologically modern treatment modalities for every identification of diagnosed maladies; but it quickly becomes obvious that many medical conditions simply do not have a linear resolution.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal employee or U.S. Postal worker from performing all of the essential elements of the Federal or Postal job, the linear approach of Western Civilization often will not work.  There is an incompatible friction that quickly arises between the Federal agency and the Postal facility, and the Federal employee and Postal worker.

Often, the only “solution” is an exit via filing an effective Federal Disability Retirement application, submitted for consideration ultimately to the U.S. Office of Personnel Management.  Does it “solve” the problem?  Not really.  For the Federal or Postal employee, the medical condition continues with him or her after separation from the Federal workforce; and for the agency or the Postal facility, the loss of a formerly valuable and productive employee invested in for those many years, cannot easily be replaced.

But getting a Federal Disability Retirement annuity is a compromise of sorts; it allows for the Federal or Postal employee to seek other opportunities in the private sector, and to attend to the medical conditions with greater focus; and for the Federal agency and Postal facility, it allows for employment of another, more healthier worker who can fulfill all of the essential elements of the job.  Nevertheless, it remains an “unsolvable dilemma”, to be relegated to the “Eastern” approach, and leaving a void to the “Western” perspective.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement under FERS/CSRS: Perfect lives

Where are they?  Beyond Platonic Forms and heavenly orbs where the golden dust sparingly sprinkled from the wings of angels in flight, do perfect lives exist and, if so, where?  We can suspend disbelief and fantasize of celebrities and the lives of Wall Street wolves with their mansions, beautiful bodies and facial grimaces so tightened by plastic surgery as to make smiling an exertion of monumental phenomena; but, in the end, we all realize that the pinnacle of human achievement is but another endeavor of human fallacy, and never approaching the omniscience of an Aristotelian Unmoved Mover.

If we posit that perfect lives do not exist, then does that vanquish the argument for perfection even of relevance in conceptual or hypothetical argumentation?  If that, then why strive for betterment at all, if there is no standard to which one should attempt to reach?  If everything is merely relative, how can we compare a relativity devoid of standards upon a non-existent spectrum between good, better and best?

Perfection, of course, for the obsessed, can be paralyzing, precisely because a further amendment, another change, an additional revision, can always arguably make it “more perfect” than not, and therefore one can be left swimming amidst the toxicity of a never-ending eternity of perfecting the imperfections that can never achieve perfection.

For Federal employees and U.S. Postal workers who are preparing an imperfect Federal OPM Disability Retirement application, to be submitted first through one’s agency and the Human Resource Office (if still with the agency or, even if separated, not for more than 31 days), then on to the U.S. Office of Personnel Management, be wary of becoming immobilized because you are unable to reach a standard of perfection that will “guarantee” a First Stage Success.

Life never allows for guarantees, leaving aside perfection in an imperfect world.  Administrative and bureaucratic procedures mirror life itself:  OPM’s imperfect methodology of human engagement in determining the validity of a Federal Disability Retirement application is simply another component within life’s vast array of imperfection.

The key in preparing a Federal Disability Retirement application is not whether the Federal Disability Retirement packet is “perfectly” compiled, but the more relevant question:  Is it an effective Federal Disability Retirement application, with the components included of a persuasive narrative, a strong legal argument, and a methodology which includes a roadmap for the U.S. Office of Personnel Management to approve the Federal Disability Retirement application?

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The sweater draped over a chair

You look in the room and see the sweater draped over a chair.  You turn your gaze elsewhere, engage the ongoing conversations and the din of others distracted.  Later, you turn back your gaze again, and the sweater is gone.  You look about to try and see whether someone picked it back up, is wearing it, or perhaps put it somewhere else.

You imply and infer – yes, one must follow the general grammatical rule that the speaker implies while the listener infers; but you are both the speaker and the listener, the one who observes and the same one who steps outside of the conscious universe to observe the observed.  You imply that someone put the sweater over the chair, and that same person (or someone else) took it at a later time – all during a period when your eyes were diverted elsewhere.

You assume that the world continues to operate even outside of the purview of your deliberate and conscious observation, as we all do.  You infer the same; of a world otherwise not within the limited perspective of observation, either by visual or audio awareness.  Yet, where is the evidence of such inference or implication; and that is, of course, what Bishop Berkeley’s restrictive definition of “existence” and Being was meant to encapsulate in perfect form:  Not that there are no mountains on the far side of the moon when we cannot observe them, but that we limit the definition of Being such that peripheral philosophical conundrums created by language’s difficulty with implied Being and inferred Existence can be avoided.

Perhaps we dreamt the draping of the sweater over the chair, or had a fit of phantasm and imaginative discourse that went astray.  In any event, you never saw the person either drape the sweater over the chair, nor dispossess the chair of its warmth and concealment.  Instead, you infer and imply – ignoring the grammatical rules previously mentioned.

For Federal employees and U.S. Postal workers who are attempting to prepare an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, the relevance here concerns writing up an effective narrative of one’s medical condition, its impact upon one’s ability and capacity to perform the essential elements of one’s position, and the legal argumentation to make in order to persuade OPM:  to what extent should facts and other statements be directly delineated, as opposed to leaving certain matters presumed or otherwise to be inferred or implied?

OPM is a bureaucracy, and with all such administrative entities, is made up of varying levels of competence and acuity of observation.  For the most part, in writing up the narrative on SF 3112A, Applicant’s Statement of Disability, the general rule should be to make that which is implicit, as explicit as possible, and never to leave the room where a sweater is draped such that disappearance of the garment may leave a mystery otherwise unable to be solved except by implication and inference.

Sincerely,

Robert R. McGill, Esquire