FERS Disability Retirement for Federal & Postal Employees: The Port

It is the Roman Stoic, Seneca the Younger, who wrote that, “If a man knows not to which port he sails, no wind is favorable”.  It is, in the end, the essence of Stoicism — of living life without complaint and without being impacted by the hardships of the objective world, all the while clinging to a path of virtue unfettered by worldly concerns.  That is why the quote above — of the internal “self” in contrast to the metaphor of the objective world: the winds which guide the ships — encapsulates the essence of the philosophy of Stoicism.

In modernity, it matters little from whence the winds come, for we engineer our own direction through engines and mechanical devices which propel the marine vessel by the power of our own creation.  But of that time when ships relied exclusively upon the breath of gods that blew the winds which filled the sails — it was a time when we relied heavily upon the favor of fate and nature’s appeasement.  Yet, even today, whether by the propulsion of machines invented or reliance upon prayers of guidance, no wind is favorable until and unless a person knows where he or she wants to go.

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 his or her position, it is important to make a determination as to “where” one plans on going before determining the “how” of the approach.  If a medical condition has clearly begun to impact one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal job, then where one must “go” becomes clearer: You cannot continue to stay at the job precisely because the medical condition prevents you from doing so; and so FERS Disability Retirement becomes the option by default.

The next question, then, is the “how”, as in — How does one get from point A to destination B?  Consult with an attorney to discuss the further particulars of your case; for, in the end, whether you believe in the philosophical tenets of Stoicism or not, once you realize the port to which you wish to sail, you need the favorable winds of counsel from an attorney who specializes in Federal Disability Retirement Law in order to help guide the sails of your journey.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Choices and Regrets

The two go hand-in-hand, although we may not necessarily see them as unalterable couplets forever ensconced and inseparable. Instead, we often make choices, then afterwards, express our regrets without having learned from the process of “choice-making”.

Choices available are often unanalyzed and nebulous; left to appear, remain inert and ignored; the “active” part of a “choice” is when we engage in the act of “choice-making” — of engaging our minds with an inactive but available “something” — a choice there, but lifeless until the activation of our choosing invigorates the inertia of indecision.

Regrets, on the other hand, are comprised by the dust of past choices made. Once settled, they remain in the hidden caverns of forgotten memories until, one day or hour, or moment of quietude when we have the time to reflect back, the unsettling of the dust collected is stirred and rises from the ashes, like the mythological Phoenix that appears with wings spread and ready for flight into our imagination and stabbing at the vulnerabilities of our inner soul.

We regret that which we have chosen; and like the past that haunts, such regrets are ever so painful when once we recall the choices available and the ones we made.

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 and position, the next steps taken — of choices being made in whether and how to file for Federal Disability Retirement benefits — are important in determining whether regrets will follow.

Consult with an attorney who specializes in Federal Disability Retirement Law, lest the choices to be made will result in regrets later recalled; for in the end, it is the choices that determine the future course of success, and not the regrets that harken back the past of lost opportunities.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from OPM: The Task Ahead

We all talk in those terms, don’t we?  And when the future is no longer referred to, we begin to worry; for it is the notion of a future that keeps us alive in the present, while the past is merely a portrait of who we were and what made us today.  A person without a history is an enigma; of what we are doing presently informs others of where we are going; and of future plans — well, that reveals of character, ambitions and the motivations of “what” and “who”.

When two people meet for the first time, it is commonplace to inquire as to the other’s past.  Why is that important?  Do we glean from a person’s previous experiences the type of “character” one has?  Of the places a person has been to; of his or her upbringing; of the hardships and trials one has endured; of the relationships one has been entangled in; and of the schools attended, the education received, etc. — are these, in their aggregate, what reveals the “make-up” of a person?

Can one sweep one’s past aside and simply declare, “I have no past and nor do I want to discuss it.  However, let me tell you of my future plans — of the task ahead.”  Why wouldn’t that be acceptable?  Is it because anyone can say anything about the future yet to be done, and it is the past which remains the telltale sign of a person’s true intentions and motivations — that is, the sincerity of one’s declarations?

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 task ahead becomes clearer each day as one’s medical condition worsens: Filing for Federal Disability Retirement looms as a greater and nearer necessity.

Does the past matter?  Yes — as to the deteriorating aspect and its impact upon one’s present circumstances.  Does the present have any relevance?  Yes, to the extent of one’s current medical issues and the nexus to one’s ability and capacity to perform the essential elements of one’s job.  And what of the task ahead?  That is the true test — and for that, you should consult with an attorney who specializes in FERS Disability Retirement Law in order to prepare the most effective application for the task ahead: to formulate a strategy in order to pass muster with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Virtual Reality

Say a person says to you, “I was in Japan last night.”  You had just seen him the day before, and so you might quickly calculate how many hours it would take for a flight to Japan, how long he could have stayed there and then flown back; and, perhaps you would unduly confuse yourself by thinking, “Perhaps the time-zone shift is such that yesterday is today and today is actually tomorrow’s today because of the international time-zone shift”, or some similar nonsense as that which often confuses and confounds us all (in fact, isn’t that how we always feel when we must change the clocks for that “Spring Forward” and “Fall Back” period?).

You study the person’s features and determine that he looks refreshed, without a hint of sleeplessness.  Upon coming to the conclusion that, No, it is not possible that your friend had actually gone to Japan and back, you say to him or her: “What do you mean by that?”  The person says, “Just what I said.  I visited Japan last night.  I went on a tour of Kyoto, a couple of shrines, saw the cherry blossoms and had a couple of meals and drank some sake and then went to bed.”  And you take that sliver of an opportunity — that phrase, “I visited” combined with, “then went to bed”, and with suspicious deliciousness as of a genius private detective who has singularly uncovered a mystery, declare: “Aha! You mean you were on your computer and took a virtual tour of the country!”  To which your friend says: “You can put it that way.  I say that I was in Japan last night.”

In this world where virtual reality and reality itself has been conflated, the words we use have similarly broken out of their previous state of rigidity.  Whether of “alternative truths” or misstatement of facts, the malleability of language has had to adapt and conform to the changes of reality.  Is there a distinction with a difference between a person who takes a “virtual tour” of a country, as opposed to actually, physically flying there and walking about the lost ruins of Peru?  To the question, “So, did you visit the Sistine Chapel while there?” — both and either may provide a detailed description of their independent and individual experiences, and do so convincingly; and even to the question, “Were you really there?” — the answer can be identical and yet truthful.

Yet, there are some things in life that still defy conflating virtual reality with the “real” reality — such as medical conditions.  For, “virtual” pain and “virtual” medical conditions do not impact the identical experiential phenomena of the “real deal”, and for Federal employees and U.S. Postal workers who suffer from a real medical condition such that the reality of that condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, you may want to consider filing for OPM Disability Retirement benefits under FERS .

Before you do that, however, consult with a “real” Federal Disability Retirement Lawyer, lest a “virtual” one provides you only with virtual advice, in which case it won’t be worth any more than a virtual dollar used to pay for a virtual meal.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Deus ex Machina

It is a contrivance which finds its origins in Greek plays of a civilization now gone; of the recognition of unsolvable problems created by human hubris; and when all seems lost, the “machina” (machine) which lowers the god (the “deus”) onto the stage then resolves everything by supernatural means.

The contrivance itself would probably not be acceptable in this era of modernity, where the cynicism of “reality” would not allow for a supernatural force to intervene and solve the problems of mankind (although, it might be acceptable if an extraterrestrial were to appear from outer space and solve such problems with a taser gun — which tells us a lot about our culture where we disbelieve in gods but lend credibility to aliens where there is scant evidence of such existing beings).

Yet, in everyday life, we believe and daydream of a deus ex machina: Of fairytales and knights in shining armor; of winning the lottery despite the billion-to-one odds against; or of simple acts, like thinking that one’s Federal Agency or the Postal Service will be “nice”, “kind” or “understanding”.

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, hoping for a deus ex machina to provide a solution is to engage in mere fantasy-daydreams.  The fact is that the problems that are created by a medical condition can be resolved through the reality of the law — by preparing and filing an effective Federal Disability Retirement application through OPM.

Consult with a FERS Attorney who specializes in Federal Disability Retirement Law — for, while such a lawyer may not be a modern-day Deus ex machina, the successful result of obtaining a Federal Disability Retirement annuity may prove to be better than a Greek tragedy ending with an improbable outcome.

Sincerely,

Robert R. McGill, Esquire

 

FERS Employees with Disabilities: Implicit and Explicit

Say a person is playing golf, hits the ball badly and yells out loudly, “Fore!”  In his mind, however, the individual has the word spelled wrongly — say, as “Four” or “For”, or any number of alternative ways.  When first heard, he had thought that it was spelled in the commonplace, conventional way.  Does it matter?  Doesn’t the fact that homophones exist become an issue of “right” or “wrong” only if the implicit clashes with the explicit? (What a terribly and awkwardly stated question).

Homophones not only “sound” the same, but may also be spelled differently.  They are in the “family” of homonyms because they sound alike but have different meanings; similarly, there are words that also sound the same, are spelled the same, but have different meanings, as in: “She rose from her seated position to smell the rose.”  Here again, what if the person repeated the sentence but thought that the first “rose” was somehow referring to the flower while the second rose concerned the manner of posture (if such transfer of meanings is even possible) — would it make a difference?

The “implicit” world of understanding encapsulates the privacy of our insular world; the “explicit” brings forth and unveils that previously-unrevealed universe, and tests it against the objective world of contending ideas.  It is somewhat akin to pain — that subjective phenomena which may or may not be capable of being ascertained, verified or confirmed by diagnostic testing or reactive muscle spasms.

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, it becomes necessary to make the “implicit” explicit in order to qualify for Federal Disability Retirement benefits.  Gathering the necessary information in order to formulate properly one’s Federal Disability Retirement case is to make explicit that which may have remained deliberately implicit.

That is where consultation with an experienced attorney who specializes in Federal Disability Retirement Law becomes crucial in properly making explicit that which remained implicit, in order to “test” the viability of a very private and confidential matter.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal and Postal Employees: Stupid Mistakes

Our first reaction may be that such a phrase is in fact a tautology; for, to make a “mistake” is by definition to do something “stupid”, and so it is merely a redundancy to use and place both terms together.  But surely we can conceive of circumstances in which “making a mistake” turns out to be the very opposite of having done something “stupid”?

Perhaps some earth-shattering mistake in science resulted in a new discovery — of having made a mistake in combining two or more elements but resulting in a new, composite element beneficial to society?  Or of having made an accounting error which accrued to one’s personal financial benefit?  But even then, one may argue that the mistake itself was a stupid one; the consequences merely turned out to be beneficial, but that doesn’t necessarily impact the character of the mistake itself.

And what of follies in our youth?  Does age and greater experience, retrospectively reflecting back into the series of life’s mistakes and actions thoughtlessly taken, lead us to conclude that we have made multiple “stupid mistakes”?  What, then, constitutes a “mistake” such that it was stupid?

Often, a glimpse into what we did in the past — of having forged ahead without a plan, thoughtlessly, and without due diligence in considering all of the factors; these, and many more actions taken without an inkling of preparatory counsel, constitute what most people consider as a “stupid mistake”.

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, it may be necessary to consider filing for Federal Disability Retirement benefits under FERS.  In doing so, it is necessary to have a full and comprehensive understanding of the laws which govern FERS Disability Retirement and the administrative process and procedures abounding.

Consult with a FERS Attorney who specializes in OPM Disability Retirement Law, lest you come to regret it as one more “stupid mistake” that was made — as one of many that we all make throughout our lifetimes.

Sincerely,

Robert R. McGill, Esquire